HomeMy WebLinkAboutAgenda Packet 05-21-2013 (OCR)CITY OF
CAPE CANAVERAL
City of Cape Canaveral
CITY COUNCIL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
Tuesday
May 21, 2013
7:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS / INTERVIEWS:
Surfrider Foundation presentation regarding beach nourishment.
Proclamation designating the City of Cape Canaveral as a "No Bullying Zone"
throughout the month of May 2013.
Proclamation designating June 2 - 8, 2013 as "Management Week" in the City of
Cape Canaveral as requested by the National Management Association (NMA).
CITY ATTORNEY'S REPORT:
7.25 p.m. — 7:30 p.m.
AUDIENCE TO BE HEARD:
7:30 p.m. — 7.45 p.m.
AGENDA
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:
7:45 p.m. — 7:50 p.m.
1. Approve Minutes for City Council Meeting of April 16, 2013.
2. Resolution No. 2013-10; urging the Administration and Congress of the
United States to preserve the current tax-exempt status of municipal
105 Polk Avenue • Post Office I3ox 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1248
www.cityolcapecanaveraLorg • email: info@cityofcapecanaveral.org
City of Cape Canaveral, Florida
City Council Meeting
May 21, 2013
Page 2of2
bonds, and reject any proposal that would reduce or eliminate the Federal
Tax Exemption on interest earned from tax-exempt municipal bonds;
providing for the repeal of prior inconsistent resolutions; severability; and
an effective date.
3. Approve Work Squad Contract #WS764, amendment #1 between the
Florida Department of Corrections and the City of Cape Canaveral.
4. Approve Task Order No. 2 and funds in the amount of $129,622 to
Quentin L. Hampton Associates, Inc. for engineering design services for a
three million gallon reclaimed water tank at the Wastewater Treatment
Plant Facility.
PUBLIC HEARING:
7:50 p.m. — 8:00 p.m.
5. Ordinance No. 06-2013; amending Chapter 110, Zoning, of the City Code
related to parking and paving requirements; amending definitions;
providing for temporary parking on unpaved areas; providing for the repeal
of prior inconsistent ordinances and resolutions; incorporation into the
Code; severability; and an effective date, first reading.
6. Ordinance No. 07-2013; amending Chapter 78, Utilities, of the Code of
Ordinances related to illicit discharges and connections to the Municipal
Separate Storm Sewer System (MS4); providing for the repeal of prior
inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, first reading.
REPORTS:
8:00 p.m. — 8:15 p.m.
7. 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: 05/21/2013
Presentations/Interviews
Subject: Surfrider Foundation presentation regarding beach nourishment.
Department: Administrative Services
Summary:
The Surfrider Foundation operates through a network of grassroots chapters who take
volunteer action to protect our ocean, waves and beaches through campaign, program
and educational initiatives in their communities.
The US Army Corps of Engineers recently announced plans to nourish the beaches of
Cape Canaveral and Cocoa Beach with sand from the same offshore borrow source
they used in 2001 and 2005. Scientific research performed after those fill projects
showed that the offshore sand is much coarser than the natural beach. The coarser
sand will cause increased rip current activity and have a negative effect on the surfing
wave climate. The Cocoa Beach Chapter of Surfrider Foundation is leading the
campaign to establish a resolution with the Cities of Cocoa Beach and Cape Canaveral.
They are asking Brevard County to implement a long term beach nourishment
monitoring program and explore the idea of changing the fill template to reduce the
steepness of the nourished beach and shorten the transition time back to a more natural
beach.
The Surfrider Foundation addressed this issue at the Cocoa Beach City Commission
Meeting on May 2, 2013 and would like to make a short presentation tonight describing
the problem and offering several solutions.
Submitting Department Director: Angela Apperson / 1r1
Attachment: None
Date: 05/06/2013
Financial Impact: Staff time preparing item.
Reviewed by Finance Director: John DeLeo Date:‘. ---161\\3
The City Manager recommends that City CouncilA ke the following action(s):
Listen to the Surfrider Foundation presentation regarding beach nourishment.
Approved by City Manager: David L. Greene D1, -a- Date: 5//o/(3
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
f 1 Tabled to Time Certain
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 5/21/2013
Presentations / Interviews
Subject: Proclamation designating the City of Cape Canaveral as a "No Bullying
Zone" throughout the month of May 2013.
Department: Legislative
Summary: Last year, there were 353 claims of bullying and harassment investigated
by Brevard Public Schools, about 90 cases more than in 2011. So far this year, school
administrators have taken reports from children and teachers on 260 cases. Nationally,
nearly 20 percent of school -aged students reported being bullied, according to the U.S.
Centers for Disease Control and Prevention.
As stories of bullying make headlines across the nation, community activists and
elected officials in Brevard are organizing a "No Bullying Zone" campaign with an
emphasis on awareness; the goal is to get support of all Brevard County cities and the
County Commissioners.
Students are bullied for a multitude of reasons and Brevard Public Schools, which has a
zero -tolerance policy, urges parents and students to report bullying; the district
describes bullying as repeated, intentional acts. A free rally took place May 5th at
Andretti Thrill Park where a "No Bullying Zone" resolution from the Brevard County
Commission and other cities was read.
On behalf of the "No Bullying Zone" campaign, community activist/organizer Javier
Molinares will accept the Proclamation designating the City of Cape Canaveral as a "No
Bullying Zone" throughout the month of May 2013. He was recently quoted in an article
published in Florida Today on May 3rd, "This is only the beginning, we have to continue
not only preventing bullying in schools but in other organizations."
Submitting Council Member: Mayor Randels Date: 05/08/2013
Attachment: Proclamation
Financial Impact: Staff time to prepare item.
Reviewed by Finance Director: John DeLeo Date: C,if n
The City Manager recommends that City Counci ake the following action(s):
Read and present the Proclamation designating the City of Cape Canaveral as a "No
Bullying Zone" throughout the month of May 2013.
Approved by City Manager: David L. Greene 0`1J°— Date: c/g // ?
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
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WHEREAS, many children, young adults and adults have expressed serious concern about the
bullying that occurs in communities, in or near schools and in the work place; and
WHEREAS, bullying takes on many forms, including, verbal, physical, intimidation, racial
harassment, social alienation and sexual harassment and can occur in person as well as by cyberbullying
using technology, such as cell phones and computers, and can occur anywhere, including while driving;
and
WHEREAS, each day an estimated 160,000 children refuse to go to school because they dread
the physical and verbal aggression of their peers, and the loneliness that comes from being excluded and
made the target of rumors and cyberbullying; many more students attend school in a chronic state of
anxiety; and
WHEREAS, it is important that we acknowledge and heighten awareness about the serious issues
and the negative effects of bullying, including the long-term damage it can cause in our youth as well as
the risks of teenage suicide; and
WHEREAS, children who witness bullying often feel Tess secure, more fearful and intimidated;
and children who bully are at greater risk of engaging in more serious violent behaviors; and
WHEREAS, that healthy and productive employees work in safe and abuse -free environments;
and abusive work environments have costly consequences, such as, turnovers, absenteeism, and reduced
productivity; and
WHEREAS, providing a safe physical and emotional environment, as well as, preserving good
mental health, are significant goals and the personal responsibility of each individual; and
WHEREAS, the City of Cape Canaveral will collaborate with other local entities to reduce the
incidences of bullying throughout Brevard County by engaging in activities and solutions that will result
in creating a community climate in which bullying behaviors are not acceptable and rarely occur; and
NOW, THEREFORE, I, Rocky Randels, by virtue of the authority vested in me as Mayor of the
City of Cape Canaveral, Brevard County, Florida do hereby proclaim and recognize
THE CITY OF CAPE CANAVERAL ASA "NO BULLYING ZONE"
throughout the month of May 2013; the "No Bullying Zone" designation is a symbol of our commitment
to the struggle against bullying.
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 5/21/2013
Presentations / Interviews
Subject: Proclamation designating June 2 - 8, 2013 as "Management Week" in the
City of Cape Canaveral as requested by the National Management Association (NMA).
Department: Legislative
Summary: Headquartered in Dayton, Ohio, the National Management Association
(NMA) is a national, not-for-profit organization serving over 13,000 customers
worldwide. Many members belong to company -based, in-house chapters, representing
organizations such as healthcare, utilities, manufacturing, communications,
government, aerospace, and defense. Others are members of community chapters,
comprising members from multiple organizations and disciplines.
NMA councils are geographic "collections" of chapters which join together to strengthen
their individual operations. A council is designed to be an extension of our individual
chapters through which local chapters band together to share experiences, provide
officer training, network among their NMA colleagues, and serve as a planning and
organization center for the area. The Florida Space Coast Council (FSCC) consists of
four chapters located in Brevard County: Boeing Space Coast Leadership Association,
Central Florida Leadership Association, Lockheed Martin Leadership Association and
Spacelift Range Systems Contract Chapter.
On behalf of the FSCC of the NMA, Florida Space Coast Council Awards Chairperson
Ray G. Polniak will be accepting the Proclamation.
Submitting Council Member: Mayor Randels Date: 04/22/2013
Attachments: Proclamation and letter.
Financial Impact: Staff time to prepare item.
Reviewed by Finance Director: John DeLeo , ! Date:
41).)-/),)11
The City Manager recommends that City CounciLtake the following action(s):
Read and present the Proclamation designating June 2 - 8, 2013 as "Management
Week" in the City of Cape Canaveral as requested by the National Management
Association (NMA).
Approved by City Manager: David L. Greene 7?- Date: (--i/x_3
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
(Official
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WHEREAS, the National Management Association is the largest not for profit
organization of its type, with over 13,000 members, that supports the American Enterprise
System and seeks to bring recognition of those leaders who advance the cause and quality in
American industry; and
WHEREAS, Jolm Quincy Adams, the sixth President of the United States, said, "If your
actions inspire others to dream more, learn more, do more and become more, you are a leader.";
and
WHEREAS, the Association was originally established as a Dayton Foreman's Club by
Founder Charles Kettering and grew into the international organization that we know today; and
WHEREAS, of the six chapters in the State of Florida, four of which are located in
Brevard County and comprise the Florida Space Coast Council (FSCC) and the organizations
represented in the FSCC are: Boeing Space Coast Leadership Association, Central Florida
Leadership Association, Lockheed Martin Leadership Association and Spacelifi Range Systems
Contract Chapter; and the local Chapters are located at Kennedy Space Center, Cape Canaveral
Air Force Station, Patrick Air Force Base, and in Brevard County; and
WHEREAS, the members of this association in the State of Florida desire to perform a
public service by officially recognizing management as a profession; and
WHEREAS, during June 2 — 8, 2013, Florida's six chapters with approximately 350
members will join management in or society and encourage the promotion of our American
competitive enterprise system.
NOW, THEREFORE, I, Rocky Randels, by virtue of the authority vested in me as
Mayor of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim June 2 — 8,
2013
MANAGEMENT WEEK
in the City of Cape Canaveral and urge all concerned residents, industries, businesses and
professional bodies to actively and appropriately participate in its observance.
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•SPACE•
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• COUNCIL •
FLORIDA SPACE COAST COUNCIL
The National Management Association
Post Office Box 21214 * Kennedy Space Center, Florida 32815-0214
April 12, 2013
Honorable Rocky Randels, Mayor
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Dear Mayor Randels:
On behalf of the Florida Space Coast Council (FSCC) of the National Management Association (NMA), I
respectfully request that you proclaim the week of June 2nd through June 8th, 2013 as Management Week
in Cape Canaveral.
During that week, the Association will sponsor its annual Management Week in America highlighting its
objectives to develop and recognize management/leadership in our organizations.
The NMA is the largest non-profit organization of its type, with over 13,000 members covering the entire
spectrum of American business, industry, and organizations in the public sector. John Quincy Adams, the
sixth President of the United States, said, "If your actions inspire others to dream more, team more, do
more and become more, you are a leader." The Association is celebrating its eighty-eighth anniversary
this year. It was originally established as a Dayton Foremen's Club by Founder Charles Kettering and
grew into the international organization that we know today.
There are six chapters in the state of Florida, four of which are located in Brevard County and comprise
the FSCC. The organizations represented in the FSCC are: Boeing Space Coast Leadership Association
(BSCLA), Central Florida Leadership Association (CFLA) Lockheed Martin Leadership Association
(LMLA), and Spacelift Range Systems Contract Chapter (SLRSC). The local Chapters are located at
Kennedy Space Center, Cape Canaveral Air Force Station, Patrick Air Force Base, and in Brevard
County.
The issuance of this Proclamation is appreciated and will be gratefully acknowledged at the FSCC
Awards Banquet on June 6th, 2013. For further details call our Awards Chairperson, Ray Polniak at 321-
848-8052 or our Awards Committee member Violet Smith at 321-853-5550. We would appreciate
notification of when our Proclamation Is read at public meeting so we may attend. Please forward the
Proclamation to the above address by May 24th, 2013.
Thank you,
Brent H. Mitchell
President
Florida Space Coast Council
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
April 16, 2013
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge
of allegiance. Mayor Randels requested the use of speaker cards and speaking directly
into the microphone.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Others Present:
City Manager
City Attorney
Assistant City Manager/City Clerk
Finance Director
Community & Economic Development Director
Leisure Services Director
Public Works Services Director
Public Works Services Deputy Director
Brevard County Sheriff Major
Cape Canaveral Volunteer Fire Dept. Assistant Chief
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
PRESENTATIONS / INTERVIEWS:
David L. Greene
Anthony Garganese
Angela Apperson
John DeLeo
Todd Morley
Gustavo Vergara
Jeff Ratliff
Lonnie Dunn
Mike DeMorat
John Cunningham
Proclamation desianatina the Week of Mav 5 - 11, 2013 as "Municipal Clerks Week":
Mayor Randels explained the purpose of and read the Proclamation into the record. He
presented same to Assistant City Manager/City Clerk Angela Apperson. Ms. Apperson
thanked the City for the Proclamation and support provided to her and Deputy City Clerk
Mia Goforth.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 16, 2013
Page 2 of 4
Proclamation desianatinq May 18, 2013 as "National Kids to Parks Day": Mayor
Randels read the "National Kids to Parks Day" Proclamation and presented same to
Leisure Services Director Gustavo Vergara.
Interview applicant Douglas Raymond for appointment to the Board of Adiustment:
Mayor Randels explained Mr. Raymond's past service as an Alternate. Attorney
Garganese asked Mr. Raymond if all information on his application was true and
correct, to which Mr. Raymond replied in the affirmative. Mr. Raymond also explained
his desire to continue to serve on the Board. Council Membes=-tanked Mr. Raymond
for his desire to serve on the Board.
Interview applicants Jerry Aqtmaal, William Budesa, Geoff Goetz;_ Thomas Quinn and
Joseph Tichich for appointment to the Construction.Board of Adfuttment and Appeals:
Mayor Randels provided a brief explanation of the Board's pu ose. Attorney
�
Garganese asked each applicant if all information on their applicatibn'was ,true and
correct, to which they replied in the affirmative: -;Each applicant explained& heir technical
skills that will assist them in their service on the'Board, `Council Members thanked the
Applicants for their desire to serve.
CITY ATTORNEY'S REPORT: None.
•
AUDIENCE TO BE HEARD: David Barto expfained� his interest in bidding on the City
Lawn Care Contract. He suggested notification bete"nt !Cape Canaveral Businesses
when the Contract is up -for .bid. It was stated the Vendor Application is on the City's
web site and should be completed/returned\to Financial Services at City Hall.
CONSENT AGENDA:•
_ 4.
•
Mayor Randels`JJrtggired if any items are :to be removed from the Consent Agenda for
discuss'h, to whic`hta negative response was given.
1. "Approve Minutes for.:City Council Meeting of March 19, 2013:
•
2. Award,Year 3 of the &Lining of Manholes and Lift Station Wet Wells Program to
the Hinterland'Group, Incl of Cocoa, Florida in the amount of $171,786 and approve a
budget transfer fr. `m - continaencv of $71,786 to complete the proiect in three years
instead of four:
3. Resolution No. 2013-08; appointing a Member to the Board of Adiustment of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions&
severabilitv; and an effective date. (Douglas Raymond)
4. Resolution No. 2013-09; appointing Members to the Construction Board of
Adiustment and Appeals of the City of Cape Canaveral; providing for the repeal of prior
City of Cape Canaveral, Florida
City Council Regular Meeting
April 16, 2013
Page 3 of 4
inconsistent resolutions: severability; and an effective date. (Jerry Agtmaal, William
Budesa. Geoff Goetz, Thomas Quinn and Joseph Tichich):
A motion was made by Mayor Pro Tem Bond, seconded by Council Member
H oog, for approval of the four items. The motion carried 5-0 with voting as
follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
REPORTS:
5. Council:
Council Member Hooq congratulated Public Works S'ervibeis for the work on the Central
D itch. He indicated it looked very nice. He relayed ="comments 'received related to
H eritage Daylackingdisplay of old Cityhoto`s. He , also indicate °~ a received a
g p Y p
complaint that plant trimming was too aggressive atr-.the Harbor ghts Beach
Walkover.
Mayor Pro Tem Bond thanked all individuals desiring to serve on the Advisory Boards.
H e requested the aerial photo in the back -of the room be'cupdated.
Council Member Walsh supported the c®.mmshtsrelated to Cape Canaveral History and
noted the food ran out too quickly at the `Heritage ®ay;pBB . She noted the success of
the Relay For Life Event Hand praised the efforts offhe Elected Officials, Staff and
Citizens involved to raise money for cancer°research/the cure for cancer.
:
Council Member Petsos-, requested Staff reach out to past elected officials and invite
them to the Anniversary ��Rece.pti.a.n^+'^: He.�also:-noted the "Trash Bash" is this Saturday at
Cherie Dow
,.: -
Mavor Randels noted:
i Attendance at the' Golden Eagle Boy Scout Dinner.
• Inside Brevard County Magazine and the ad for the City contained within.
S•-
•
ServinMeals-on-Wheels not only delivers a daily meal, the volunteers connect
with and` check on. individuals.
• Food packing; .event at Brevard Community College preparing meals to give
students to take home for weekend meals.
• Speaking at the Cocoa Beach Rotary Club and the books they gave to the 1st
and 2nd grade Cape View Elementary School Children.
• Homeless Coalition — their work to secure housing and the assistance provided
to obtain identification cards.
• Trash Bash - This weekend at Cherie Down Park.
• Rolling Readers Program and the sponsorship by Craig Technologies.
•
City of Cape Canaveral, Florida
City Council Regular Meeting
April 16, 2013
Page 4 of 4
• Canaveral Port Authority Interim CEO John Walsh spoke at the Space Coast
League of Cities Meeting
• As a part of VIVA Florida, a Spanish Ship will soon be at Port Canaveral.
• Renovations accomplished at the Wendy's Restaurant.
• Weekly Report produced by Staff - requested Council consider reducing the
report to once a month and highlight only the very important items. Discussion
ensued and included how the report demonstrates Staff activities; the amount of
time it takes to produce the report; the level of information- provided assists in the
transparency to the public. The report will remain weekly. "
• His upcoming visit to Tallahassee and asked if there :are items needed. City
Manager Greene requested the funding of the A1A`torridor work. He also noted
the North Atlantic Avenue Plans are almost completed.
• The Fire Station Progress — City Manager d, °Greene explOined the plans are
almost 100% and utility relocates are almost`I;),completed.
`;
ADJOURNMENT:
4,'
There being no further business, the Meeting, adjourned att,s, iO P.M.
•
▪ •
•
Angela M: Apperson, MMCN,
Assistant City Manager/City Clerk
•
•
Rocky Randels, Mayor
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 05/21/2013
Item No. 2 -
Subject: Resolution No. 2013-10; urging the Administration and Congress of the
United States to preserve the current tax-exempt status of municipal bonds, and reject
any proposal that would reduce or eliminate the Federal Tax Exemption on interest
earned from tax-exempt municipal bonds; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date.
Department: Administrative
Summary: Multiple proposals are being considered by the Federal government which
would seriously increase the cost of interest expense for state and local governments
for infrastructure projects. Among the items being considered are tax-exempt bonds
which can be issued by local governments.
One proposal would eliminate tax exemptions on municipal bonds. The other would
place a tax -benefit cap of 28 percent for certain taxpayers on many itemized deductions
and exclusions, including tax-exempt interest. Each of these proposals would
significantly increase the cost to state and local governments in interest expense for
infrastructure projects.
State and local governments issued 57,754 tax-exempt bonds for more than $1.65
trillion for infrastructure investments over the last decade, with over 6,600 tax-exempt
bonds financing over $173 billion in infrastructure projects in 2012 alone. Tax exempt
municipal bonds are an extremely valuable tool for cities in meeting long-term
infrastructure needs. Preserving this status will provide a savings to the citizens for such
projects.
The attached Resolution expresses support for tax-exempt financing and supporting the
preservation/protection of the Federal tax exemption on interest earned from tax-exempt
municipal bonds.
Space Coast League of Cities General Counsel Paul Gougleman addressed this subject
in the attached memo to the Board. The Board has urged passage of the Resolution.
The City of Titusville has adopted the Resolution and several other cities are
considering same.
Submitting Department Director: Angela Apperson Hf! Date: 4-29-13
Attachments: Resolution No. 2013-10, Memo from Space Coast League of Cities
General Counsel Paul Gougelman
Financial Impact: Staff time and preparation of Agenda item. The impact of the
considered change to the tax-exempt status is not measurable without knowing the
dollars financed; however, it is estimated to be as high as 2 percentage points in
interest.
9
Reviewed by Finance Director: John DeLeo Date: "di" l�
City Council Meeting Date: 05/21/2013
Item No. 2 -
Page
Page 2 of 2
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2013-10.
Approved by City Manager: David L. Greene 0 -Irv.- Date: y/3c hz,
City Council Action: [ ] Approved as Recommended [ ] Disapproved .
[ ] Approved with Modifications
[ ] Tabled to Time Certain
•
RESOLUTION NO. 2013-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, URGING THE ADMINISTRATION AND
CONGRESS OF THE UNITED STATES TO PRESERVE THE CURRENT
TAX-EXEMPT STATUS OF MUNICIPAL BONDS, AND REJECT ANY
PROPOSAL THAT WOULD REDUCE OR ELIMINATE THE. FEDERAL
TAX EXEMPTION ON INTEREST EARNED FROM TAX-EXEMPT
MUNICIPAL BONDS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, several proposals are being discussed in the ongoing Federal budget
negotiations that would either reduce or eliminate the current tax exemption on the interest
earned from tax-exempt municipal bonds; and
WHEREAS, the United States House of Representatives Ways and Means Committee is
considering various changes to Federal tax provisions on reducing or eliminating the current tax
exemption on the interest earned from tax-exempt municipal bonds, along with the ability of
individual taxpayers who itemize to deduct their State and local income and property taxes when
filing their Federal tax return and other tax related issues; and
WHEREAS, for state and local governments, tax-exempt municipal bonds are the most
important tool available for financing critical infrastructure projects such as primary and
secondary schools, hospitals, water and sewer systems, roads, highways and streets, public
power facilities, mass transit projects, airports, solid waste, sanitation and recycling, multi -family
housing, police and fire stations and equipment, bridges, tunnels and other infrastructure
projects; and
WHEREAS, together, state and local governments are responsible for building and
maintaining 75 percent of the nation's infrastructure, which is financed mostly by tax-exempt
municipal bonds; and
WHEREAS, on average, state and local governments save up to two percentage points
on their borrowing rates through use of tax-exempt municipal bonds; and
WHEREAS, these savings allow state and local governments to invest more in critical
infrastructure and essential services while holding down the cost to taxpayers; and
WHEREAS, approximately $3.7 trillion in tax-exempt municipal bonds are currently
outstanding; and
WHEREAS, the U.S. Conference of Mayors, the National League of Cities, and the
National Association of Counties, with assistance from the Government Finance Officers
Association, issued a joint report (the "Report") in February 2013 titled "Protecting Bonds to
Save Infrastructure and Jobs 2013" to determine the impact of the proposals to limit (by
imposing a 28% cap) or fully eliminate the exemption on interest from municipal bonds; and
WHEREAS, the Report shows that state and local governments issued 57,754 tax-
exempt bonds for more than $1.65 trillion of infrastructure investment over the last decade, with
over 6,600 tax-exempt bonds financing over $173 billion in infrastructure projects in 2012 alone;
and
WHEREAS, of those totals, 1,250 tax exempt state and local tax-exempt bonds
financing over $103 billion in infrastructure improvements were issued over the last decade in
the State of Florida; and
WHEREAS, the Report shows that if the 28% cap on interest earned from tax-exempt
municipal bonds was in effect over the last decade, it would have cost state and local
governments an additional $173 billion in interest expense over the last decade; and
WHEREAS, the Report shows that if the tax -exemption had been fully eliminated, it
would have cost state and local governments an additional $495 billion in interest expense over
the last decade; and
WHEREAS, while on first appearance it might seem that the 28 percent cap on interest
earned from tax-exempt bonds may only affect high-income taxpayers, in effect the increased
cost would be borne almost exclusively by state and local governments, and therefore all
taxpayers within those respective jurisdictions, in the form of higher interest rates on their
borrowing; and
WHEREAS, it is being proposed that the 28 percent cap be applied retroactively,
meaning that it would be applied to all tax-exempt bonds already outstanding in addition to
bonds issued in the future, and in the nearly 200 year history of the tax -exemption Congress has
never applied a retroactive tax to bonds already held by investors; and
WHEREAS, this would hurt middle-class taxpayers as state and local governments
would be forced to increase property and sales taxes on local taxpayers to offset higher
borrowing rates on infrastructure investments; and
WHEREAS, if state and local governments choose not to increase property and sales
taxes on local taxpayers to offset higher borrowing rates on infrastructure investments, the
alternate option would be to decrease investment in infrastructure, negatively impacting jobs and
resulting in needed infrastructure improvements being postponed and resulting in a more
deteriorated infrastructure base; and
The City of Cape Canaveral
Resolution No. 2013-10
Page 2 of 4
WHEREAS, 2010 IRS data show that 57 percent of municipal bond interest is paid to
individuals 65 years of age and older who largely live on fixed incomes, and 52 percent of
municipal bond interest is paid to individuals who earn less than $250,000 annually; and
WHEREAS, the Federal government should not adversely effect, by limiting or
providing obstacles to needed infrastructure financing, the right of state and local governments to
borrow and decide what infrastructure and services to provide to their citizens.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated
by reference herein.
Section 2: The Cape Canaveral City Council urges the Administration and Congress of the
United States to preserve the current tax-exempt status of municipal bonds which has
successfully provided trillions of dollars in low-cost financing for critical infrastructure
investments that serve citizens in all states and local communities.
Section 3: The Cape Canaveral City Council urges the Administration and Congress of the
United States to reject any proposal that would reduce or eliminate the federal tax exemption on
interest earned from tax-exempt municipal bonds.
Section 4: The City Clerk is directed to distribute this Resolution to the President of the United
States, the Florida members of the Senate and House of Representatives of the United States, the
Florida League of Cities, the Florida Association of Counties, the Florida City County
Management Association, the Board of County Commissioners for Brevard County, the Space
Coast League of Cities, and each of the municipalities in Brevard County.
Section 5: This Resolution shall take effect upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day
of May 2013.
(Signature page follows)
The City of Cape Canaveral
Resolution No. 2013-10
Page 3 of 4
ATTEST:
Angela M. Apperson, Asst. City Manager/
City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
Rocky Randels, MAYOR
Name
John Bond
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
The City of Cape Canaveral
Resolution No 2013-10
Page 4 of 4
For Against
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
Members of the Board of Directors,
Space Coast League of Cities
Paul Gougelman, Space Coast League
of Cities General Counsel
Tax Exemptions for Municipal Bonds
April 9, 2013
As you are aware, Congress has been looking at
different ways to cut the federal deficit. Depending upon
what Member of Congress and which political party is
addressing the issue, we have heard solutions that seem to
either involve: (1) Increasing revenues or taxes; (2)
Cutting costs; or (3) Eliminating tax deductions and
credits, either in part or in full
With regard to the third solution, one idea that is
being floated is a proposal to end the deductibility of
revenues from municipal bonds on one's income tax, or
alternatively to cap the ability to deduct municipal bond
revenues as a bondholder. If this deduction is eliminated,
it would be potentially devastating to Florida local
governments, since most local government capital
improvement projects of any size are financed using tax
exempt municipal bonds, which cost local government
taxpayers far less in interest expenses.
Attached for your consideration is a recent article
which appeared in The Bond Buyer, a municipal bond industry
newsletter, on April 4, 2013. I thought you would find it
interesting given that neither of Florida's U.S Senators,
Bill Nelson (D) and Marco Rubio (R), has joined in the
letter sent to President Obama to urge that elimination of
the deductibility of local government bond interest not be
considered.
Bond Buyer Online - Senators Urge Obama Not to Touch Muni Bonds Page 1 of 1
THE BOND BUYERI
Monday, April 8, 2013 I as of 8:52 AM ET
Washington - Taxation
Senators Urge Obama Not to Touch Muni Bonds
by: Jennifer DePaul
Thursday, April 4, 2013
Fourteen Democrats in the Senate are strongly urging President Obama not to cap or eliminate
tax exemption for municipal bonds, warding it would have a negative impact on both federal
and local budgets and ultimately be "inappropriate and shortsighted."
"While we recognize the challenges our nation faces as we work to bring order to our fiscal
house, we believe strongly that balancing the federal deficit by shifting the burden to local
governments would have, ironically, a substantial negative impact on our federal budget outlook
through decreased federal tax receipts as a result of diminished economic activity," the Senators
wrote in a one-page letter sent to Obama earlier this week. "We respectfully encourage you to
consider other options as you work with Congress to find the savings that we all acknowledge
we must find."
The Senators said that changing tax exemption for municipal bonds would put at risk important
services provided by local governments, including utilities for water and sewer as well as public
safety such as police and fire protection.
They also said they are "very concerned" about the impact on infrastructure projects such as for
roads, airports, housing and hospital construction or maintenance.
The letter comes as Obama's fiscal 2014 budget, expected to be released on April 10, is likely to
include a 28% cap on the value of tax exemption for higher income earners. Muni experts have
warned that such a cap would dramatically increase borrowing costs for state and Local
governments.
Last month more than 50 state and local groups sent a letter to Senate leaders urging them to
maintain the status of tax-exempt bonds.
The fourteen Senators include: Mark Begich of Alaska, Maria Cantwell of Washington, Kristen
Gillibrand of New York, Bernard Sanders of Vermont, William Cowan of Massachusetts, Tom
Udall of New Mexico, Tom Harkin of Iowa, Elizabeth Warren of Massachusetts, Tim Johnson
of South Dakota, Barbara Boxer of California, Heidi Heitkamp of North Dakota, Mary Landrieu
of Louisiana, Tammy Baldwin of Wisconsin of Wisconsin, and Al Franken of Minnesota
el SOURCEMEDIA
o 2013 SourceMedia. All rights reserved.
http://www.bondbuycr.com/issues/122 65/14-democratic-senators-urge-president-obama-n... 4/8/2013
united *tatcs *nate
WASHINGTON, DC 20510
April 2, 2013
The Honorable Barack Obama
President of the United States
The White House
1600 Pennsylvania Ave. NW
Washington, DC 20500-0005
Dear President Obama:
It is clear that our country faces significant fiscal challenges at the federal level. It
would be inappropriate and shortsighted, however, to radically shift the burden of
our national fiscal challenges to states and cities by capping or eliminating the tax-
exempt status of municipal bonds.
We are very concerned about the impact that altering the tax treatment of
municipal bonds would have on the ability of cities, counties, and states to manage
their finances and invest in the fiiture. Al risk are important services provided by
local governments, including utilities like power and water and public safety like
police and fire protection, Also at risk are key infrastructure projects such as road,
airport, port, housing and hospital construction and maintenance.
While we recognize the challenges our nation faces as we work to bring order to
our fiscal house, we believe strongly that balancing the federal deficit by shifting
the burden to local governments would have, ironically, a substantial negative
impact on our federal budget outlook through decreased federal tax receipts as a
result of diminished economic activity. We respectfully encourage you to
consider other options as you work with Congress to find the savings that we all
acknowledge we must find.
Sincerely. gesta
Mark Begich
United States Senator United States Senator
Maria Cantwell
t16;usravi_
Kirsten E. Gillibrand
United States Senator
Bernard Sanders
United States Senator
Tom Harkin
United States Senator
Tim Johnson
United States enator
Al Franken
United States Senator
William M. Cowan
United States Senator
Toni Udall
United States Senator
El' •: beth Warren
Uni ed States Senator
4471.;11).""'"11.74
......
arbara Boxer
Uited States Senator
6.
) °al
Heidi Heitkamp
United States Senat
Tammy BIdwin
United States Senator
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 5/21/2013
Item No. 3
Subject: Approve Work Squad Contract #WS764, amendment #1 between the Florida
Department of Corrections and the City of Cape Canaveral.
Department: Administration
Summary:
Annual Inmate Labor Contract Renewal
• City of Cape Canaveral (Agency) and Florida Department of Corrections
(Department) Work Squad Contract #WS764.
• Use of inmate labor in work programs, under the supervision of the Department's
staff and providing mutual benefits and considerations to both parties.
• Contract renewal term begins October 1, 2013 and runs through September 30,
2014. After this year no renewal options remain.
• Physical custody, transport to worksites and inmate security will be the
responsibility of the Department.
• Schedule of work and all associated requirements will be the responsibility of the
Agency.
• Agency annual cost of the contract is $57,497.00 (includes officer salary, position
related expenses and administrative costs). The prior year cost was $58,004.00.
The amount is reduced because the Technology Fee of $462.00 does not have
to be paid this year and the Personnel Assessment fee is $45.00 lower than last
year.
Fn
Submitting Department Director: Angela Apperson '�''� Date: 5/13/13
Attachments: Work Squad Contract #WS764, amendment #1 draft.
Financial Impact: The contract is reduced by $507.00 from the previous Contract.
Sufficient monies will be budgeted for FY 13/14 to satisfy the Contract requirements.
Reviewed by Finance Director: John DeLeo Date: S//3/1J
The City Manager recommends that City Counci ake the following action (s):
Approve Work Squad Contract #WS764, ame'dment #1 between the Florida
Department of Corrections and the City of Cape Canaveral.
Approved by City Manager: David L. Greene D7) --J Date: 51/3 b3
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
CONTRACT # WS764
Amendment # 1
CONTRACT AMENDMENT BETWEEN
THE DEPARTMENT OF CORRECTIONS
AND
CITY OF CAPE CANAVERAL
This is an Amendment to the Contract between the Florida Department of Corrections ("Department") and
City of Cape Canaveral ("Agency") to provide for the use of inmate labor in work programs.
This Amendment:
• renews the Contract for one (1) year pursuant to Section I., B., Contract Renewal:
• revises the end date of the Contract referenced in Section I.. A., Contract Tern; and
• replaces Addendum A with Revised Addendum A, effective October 1, 2013.
Original contract period: October 1. 2012 through September 30, 2013
In accordance with Section V., CONTRACT MODIFICATIONS, the following changes are hereby made:
1. Section I., A., Contract Term, is hereby revised to read:
A. This Contract began October 1, 2013 and shall end at midnight on September 30, 2014.
This Contract is in its final renewal year.
2. Pursuant to Section III., Compensation, A., 5, the rate of compensation is amended to reflect the rates
indicated in Revised Addendum A. Addendum A is hereby replaced with Revised Addendum A,
effective October I. 2013.
All other terms and conditions of the original Contract remain in full force and effect.
This Amendment shall begin on the last date of signature by all parties, whichever is later.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
Page 1 of 5
1
CONTRACT # WS764
Anlcndlllent # 1
IN WITNESS THEREOF, the parties hereto have caused this Amendment to be executed by their
undersigned officials as duly authorized.
AGENCY: CITY OF CAPE CANAVERAL
SIGNED DRAFT - DO NOT SIGN
BY:
NAME•
TITLE•
DATE•
FEID #:
DEPARTMENT OF CORRECTIONS
SIGNED
BY:
NAME• Michael D. Crews
TITLE• Secretary
Department of Corrections
DATE•
Page 2 of 5
SIGNED
BY:
NAME•
TITLE:
DATE -
Approved as to form and legality,
subject to execution.
Jennifer A. Parker
General Counsel
Department of Corrections
Addendum A
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number WS764 AMD#1 Effective October 1, 2013
***ENTER MULTIPLIERS IN SHADED BOXES ONLY IF TO BE INVOICED TO AGENCY***
I. CORRECTIONAL WORK SQUAD OFFICER SALARIES AND POSITION
TO BE REIMBURSED BY THE AGENCY:
Officers Salary # Officer:
Salary Incentive Payment
Repair and Maintenance
State Personnel Assessment
Training/Cnminal Justice Standards
U niform Purchase
U niform Maintenance
Training/Criminal Justice Standards *
RELATED -EXPENSES
Multiplier 1
TOTAL - To Be Billed By Contract To Agency
1
Per Officer
Annual Cost
$ 54,194
$ 1,128
$ 121
Total
Annual Cost
. 00 ** $ 54,194.00
. 00 $ 1,128 00
. 00 $ 121 00
$ 354.00
$ 200.00
$ 400.00
$ 350.00
$ 2,225.00
$ 58,972 00
$ 354.00
$ 200.00
$ 400.00
$ 350.00
$ 56,747.00
*Cost limited to first year of contract as this is not a recurring personnel/position cost.
** Annual cost does not include overtime pay.
IA. The Overtime Hourly Rate of Compensation for this Contract is $31.85, if applicable. (The Overtime
Hourly Rate of Compensation shall include the average hourly rate of pay for a Correctional Officer and the
average benefit package provided by the department, represented as time and one half for purposes of this
Contract.)
Number I I Total
Squads Annual Cost
II. ADMINISTRATIVE COSTS TO BE REIMBURSED BY THE AGENCY:
Costs include but may not be limited to the following:
Rain coats, staff high visibility safety vest, inmate high visibility
safety vest, fire extinguisher, first aid kit, personal protection kit, flex
cuffs warning signs, handcuffs, Igloo coolers, portable toilets, insect
repellants, masks, vaccinations, and other administrative expenses. 1 $ 750.00
TOTAL - To Be Billed By Contract To Agency $ 750.00
III. ADDITIONAL AGENCY EXPENSES:
Tools, equipment, materials and supplies not listed in Section II above
are to be provided by the Agency.
CELLULAR PHONE WITH SERVICE REQUIRED• YES 11 NO
ENCLOSED TRAILER REQUIRED: YES ❑ NO
11
Addendum A Revised 06-02-03/01-12-04 Page 3 of 5
Addendum A
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number WS764 AMD#1 Effective October 1, 2013
IV. OPERATING CAPITAL TO BE ADVANCED BY AGENCY:
Hand Held Radio MACOM $4969.00
Vehicle Mounted Radio MACOM $5400.00
1
Per Unit I I Number
Cost of Units
TOTAL Operating Capital To Be Advanced By Agency
V. TOTAL COSTS TO BE ADVANCED BY AGENCY:
1. Operating Capital - from Section IV.
2. Grand Total - To Be Advanced By Agency At Contract Signing:
VI. TOTAL COSTS TO BE BILLED TO AGENCY BY CONTRACT:
1. Correctional Officer Salaries and Position -Related Expenses - from Section I.
2 Other Related Expenses and Security Supplies - from Section ll.
3. Grand Total - To Be Billed To Agency By Contract:
VII. TOTAL OF ALL COSTS ASSOCIATED WITH CONTRACT:
(Total of Sections V. and VI.)
1
1
1
$
$
$
Total
Cost
IMI
IMF
Total
Cost
$0.00
$0.00
Total
Cost
$56,747.00
$750.00
$57,497.00
$57,497.001
VIII. OVERTIME COSTS:
If the contracting Agency requests overtime for the work squad which is approved by the Department,
the contracting Agency agrees to pay such costs and will be billed separately by the Department for the cost of overtime.
Addendum A Revised 06-02-03/01-12-04 Page 4 of 5
Agency By Agency 'Already Exists
Bill To Provided
U
LJ LJ
Section I.
Section II.
Section III.
Section IV.
Section V.
Section VI.
Section VII.
Section VIII.
Addendum A - INSTRUCTIONS
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number WS764 AMD#1 Effective October 1, 2013
Costs in this section are determined each fiscal year by the Budget and Management Evaluation Bureau and are fixed.
By entering the number of Officers required for this contract, the spreadsheet will automatically calculate the "Total Annual Cost"
column. If this Work Squad is beyond the first year of existence, enter a zero (0) in the "Total Annual Cost"
column for "Training/Criminal Justice Standards" after you have entered the "# Officers Multiplier".
Safety and environmental health procedures require safety measures such as the use of safety signs, vests, and clothing.
The Department's procedure for Outside Work Squads requires that all Work Squad Officers be responsible for ensuring their squad
is equipped with a first aid kit and a personal protection equipment (PPE) kit. Section II identifies such required
equipment. A new squad must be sufficiently equipped and an on-going squad must be re -supplied when needed.
Type in the number of squads used for this contract and the spreadsheet will automatically calculate the fixed annual expense
of $750.00 per squad and place the total in Section VI.
Check "Yes" or "No" to indicate whether a Cellular Phone with Service and/or an Enclosed Trailer is required by the Contract Manager.
The Department's procedure for Outside Work Squads requires that they have at least one (1) primary means of direct
communication with the Institution's Control Room. Communication via radio and/or cellular phone is appropriate.
It is preferred that a backup, secondary means of communication also be available. It is the Agency's responsibility to provide them.
If the Department purchases a radio(s), the Agency must fund the purchase at the time the Contract is signed Check the box for the type
of radio and fill in the Per Unit Cost for the type of radio, Number of Units, and Total Cost columns Leave the Total Cost column blank if
a radio(s) is not being purchased at this time Check applicable boxes ("Bill to Agency", "Provided by Agency" and "Already Exists") for
each radio.
NOTE: All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio
frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY
deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract.
The total funds the Agency must provide at the time the contract is signed will be displayed here when the form is properly filled out.
The total funds the Agency will owe contractually, and pay in equal quarterly payments, will be displayed here.
The total funds associated with the Contract, to be paid by the Agency as indicated in Sections V. and VI., will be displayed here.
Any agreement in this area will be billed separately as charges are incurred.
Addendum A Revised 06-02-03/01-12-04 Page 5 of 5
1
1
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 05/21/2013
Item No. 41
Subject: Approve Task Order No. 2 and funds in the amount of $129,622 to Quentin L.
Hampton Associates, Inc. for engineering design services for a three million gallon
reclaimed water tank at the Wastewater Treatment Plant Facility.
Department: Public Works Services
Summary: Construction of a new reclaimed water tank is one of the ten projects
submitted to Florida Department of Environmental Protection (FDEP) as part of the
City's State Revolving Fund (SRF) Loan Application. Construction of an additional
reclaimed water tank was identified as a key improvement project for the upgrade of the
City's Wastewater Treatment Plant (WWTP) Facility. Benefits include the following:
• Elimination of the discharge of treated wastewater to the Banana River — the City
averaged 65 million gallons of treated wastewater discharged per year over the
past 10 years;
• An approximate 3% credit in the Total Maximum Daily Load (TMDL) Program for
reductions in nitrogen and phosphorous discharges to the Banana River;
• Increase in total reclaimed water storage capacity to four million gallons
(currently one million gallons);
• Abundant reclaimed water for City residents, even in drought periods;
• Extended time periods of reclaimed water availability to City residents;
• Elimination of costly monitoring requirements of treated wastewater for mercury;
• Abundant reclaimed water to meet the City's contractual obligations to the City of
Cocoa Beach and Port Canaveral; and
• Allow for return of the reject water tank to its original FDEP-permitted use.
After review of engineering firm qualifications for similar -type projects completed in
other municipalities, Staff selected Quentin L. Hampton Associates, Inc. (QLH) of Port
Orange, Florida to perform the project tasks. QLH was one of the engineering firms
selected by the City for Professional Engineering/Surveying, Planning, Consulting and
Architectural Services in Request for Qualifications No. 2011-01. A Master Services
Agreement for these services has been signed between the City and QLH. The scope
of work for this Task Order includes the performance of the following tasks:
• Survey of the proposed tank location area;
• Geotechnical investigation of the proposed tank location area;
• Preliminary engineering report for permitting purposes to be submitted to FDEP;
• Subsurface utility engineering to locate optimum piping locations;
• Engineering design of reclaimed water tank;
• FDEP permitting; and
• Bidding/construction management assistance.
The proposed location for the new reclaimed water tank is shown on the aerial
photograph presented as Attachment #1. The QLH Task Order, which includes a
breakdown of costs and a project timeline, is included as Attachment #2. (Note: The
project cost will be reduced $9,000 if pilings are not required for the tank. A
determination will be made after review of the geotechnical report. Additional savings
City Council eting Date: 05/21/2013
Item No.
Page2of2
may be obtained during the geotechnical investigation based upon soil conditions
encountered.)
Submitting Department Director: Jeff Ratliff
Attachments:
#1 — Proposed Location of New Reclaimed Water Tank
#2 — Price Quotation
Date: 05/08/13
Financial Impact: Staff time and effort to prepare Agenda Item and $129,622 for
engineering design services that pertain specifically to the three million gallon reclaimed
water tank funded by the State Revolving Fund Loan.
Reviewed by Finance Director: John DeLeo Date:
IJ
The City Manager recommends that City Council tae the following action(s):
Approve Task Order No. 2 and funds in the amount of $129,622 to Quentin L. Hampton
Associates, Inc. for engineering design services for a three million gallon reclaimed
water tank at the Wastewater Treatment Plant Facility.
Approved by City Manager: David L. Greene Date: . /tp//3
City Council Action: [ ] Approved as Recommended [ ] Disapp oved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
Proposed Location of New Reclaimed Water
Tank
Proposed Location of New Reclaimed Water Tank
Reclaimed Water Tank.
Reject Water Tank
future oxidation
ditch back-up
, system)
Attachment #2
Price Quotation
TASK ORDER NO. 2013- 2
TO AGREEMENT FOR ENGINEERING SERVICES
QUENTIN L. HAMPTON ASSOCIATES, INC. (QLH) AND
CITY OF CAPE CANAVERAL, FLORIDA
Revised 4/25/13
PROJECT: Three Million Gallon Reclaimed Water Storage Tank
Execution of this Task Order by the City, shall serve as authorization for Engineer to
provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to the Agreement.
RESPONSIBILITY OF THE CITY:
Provide the Engineer the necessary guidance regarding design variations upon
presentation and recommendation of such from the Engineer.
BACKGROUND:
The City has planned for a new 3 million gallon reclaimed water storage tank in the City's
Capital Improvement Program (CIP) as project number WW22. The City recently acquired
a State Revolving Fund (SRF) loan from Florida Department of Environmental Protection
(FDEP). The City desires to proceed with the design of the project. Bidding and
construction is expected to be completed in Fiscal Year 2014. The estimated construction
cost is $1.9M.
SCOPE OF WORK:
Survey: QLH will utilize Kugelmann Surveying, Inc. to collect an existing conditions survey
of the proposed storage tank site located on a portion of the City's wastewater treatment
plant site. The survey will include collection of topographic conditions, existing
improvements and underground facilities as marked by the City.
Geotechnical Investigations: QLH will utilize Ardaman and Associates, Inc. to conduct a
geotechnical investigation of the proposed storage tank site and prepare earthwork and
foundation recommendations for use by the pre-engineered, pre -stressed concrete storage
tank company (Crom and/or other approved equal).
Preliminary Engineering Report: A preliminary design report for the City's
consideration and for use in the permitting of the improvements with FDEP will be
prepared. The report will address the site layout, tank sizing, piping sizing and routing, and
operational guidelines.
Subsurface Utility Engineering (SUE): QLH will utilize vacuum excavation equipment to
locate proposed piping tie in points and other items critical to the design. A $2,000
allowance for the SUE effort is included.
cc003 proposal revised 4-25-13
Design: QLH will prepare the required civil and mechanical design products including
construction drawings and specifications. QLH will also prepare construction cost
estimates. The tank design will include a roof parapet and roof drains in order to minimize
stormwater runoff and to maximize reclaimed water augmentation. A $9,000 structural
engineering design (Noble Structural Group, Inc.) allowance is included if a pile or other
special foundation is required due to the existing soils. Submittals to the City will be made
at 30%, 60% and 90% design phases to solicit City review and comments. QLH will meet
with City staff upon submittal of design products and throughout design as needed.
Permitting - QLH will prepare permit application packages, including engineering
calculations for the following permits:
• SJRWMD/FDEP Environmental Resource Permit Modification (modification of
existing stormwater permit)
• FDEP Minor Revision to a Wastewater Facility or Activity Permit (modification of
existing FDEP operating permit)
QLH will respond to all reasonable Requests for Additional Information (RAIs). The City
will be responsible for all permit application fees.
B idding and Construction Phase Assistance:
B idding: QLH shall assist the City in the public bidding of the project by completing the
following work items:
• Preparation of bidding documents per CITY standards
• Distribution of documents to potential bidders/plan rooms
• Preparation/Issuance of any addenda
• Addressing of all potential bidder quotations
• Attend pre-bid meeting
• Review received bids
• Prepare certified bid tabulation
• Investigate low bidder(s) qualifications
• Prepare bid award recommendation letter
Construction Contract Administration: QLH will provide the following services during
the construction phase:
• Coordinate execution of contracts
• Schedule and preside over preconstruction conference
• Issue Notice to Proceed to Contractor
• Review shop drawings/material submittals
• Address Contractor/CITY questions
• Twice per month site visits
cc003 proposal revised 4-25-13
• Review of monthly Contractor pay requests
• Review of Contractor as -built drawings
• Review change orders
• Prepare final record drawings, utilizing Contractor as-builts and inspector sketches, etc.
• Determine substantial completion.
• Provide final inspection
• Recommend final payment
• Coordinate execution of final paperwork
• Provide Certificate of Completion to permitting agencies.
Construction Project Representative QLH will provide a qualified part-time inspector to
provide the following services during the construction phase:
1. Attend pre -construction conference
2. Assist Engineer with shop drawing review
3. Observe contractor's construction activities
4. Document construction activity via daily reports/logs
5. Review contractor's soil and erosion control efforts
6. Review contractor's monthly pay requests/quantities
7. Prepare supplemental as -built sketches
8. Review contractor's as -built surveys
9. Review contractor's locating efforts of existing utilities
10. Coordinate responses to contractor's Requests For Information (RFIs)
11. Coordinate engineer's field directives
12. Coordinate material and field tests
TIME FOR COMPLETION:
The professional services authorized by this Task Order are scheduled for completion
according to the following schedule commencing from the date of this Task Order.
Survey/Geotechnical
Preliminary Engineering Report
Subsurface Utility Engineering
Design
Permitting
Bidding Assistance
Construction Phase Assistance
45 days
15 days
15 days
60 days
Per SJRWMD/FDEP schedule
Per City Schedule
Assumed 6 month contract
(4 months actual construction)
The above time frames do not include City review times.
COMPENSATION:
The fee for these services is estimated at $1291622.75 based on the following schedule and
the attached breakdown:
cc003 proposal revised 4-2S-13
Design/Permitting
Bidding Assistance
Construction Phase Assistance
Allowances
Dated:
Dated: S '5113
11
cc003 proposal revised 4-25-13
Lump Sum
Lump Sum
Lump Sum
1 Lump Sum
TOTAL
$68,397.75
$4,950.00
$54,275.00
$2,000.00
$129,622.75
CITY OF CAPE CANAVERAL, FLORIDA
By:
David Greene, City Manager
QUENTIN L. HA
TON ASSOCIATES, INC.
By: I
David A. King, P.E.
Description
CITY OF CAPE CANAVERAL
THREE MILLION GALLON RECLAIMED WATER STORAGE TANK
QLH ESTIMATED ENGINEERING FEES BREAKDOWN
4/25/13
Project Project Production CADD Administrative Construction Resident Protect
Services
Manager Engineer Supervisor Technician Support Representative
(hours) (hours) (hours) (hours) (hours) Managermdi (hours)
(hours)
$175 $140 $75 $70 $50 $70 $57.50
Design/Permitting
Survey 2 1 1 2
Geotechnical 3 1 0 1
Preliminary Engineering Report 6 10 1 8
Subsurface Utility Engineering 2 1 0 1
60% Design (including $7,500 structural design allowance) 12 36 8 88
90% Design 10 28 6 50
Final Design 8 16 2 12
Permitting 6 12 2 1
Design/Permitting Subtotals 49 105 20 163
Bidding Assistance
All Subtasks 12 4 2 2
Bidding Assistance Subtotals 12 4 2 2
Construction Phase Assistance
Construction Administration (including $1,500 structural
allowance)
Resident Project Representative (Part -Time)
Construction Phase Assistance Subtotals
94 35
0
94
0
35
9 26
0
9
Allowances
Printing/Out of Pocket Expenses 0 0 0
Allowance Subtotals 0 0 0
TOTAL ALL TASKS 155 144 31
0
26
0
0
191
1 0
1 0
2 0
1 0
8 0
6 0
2 0
4 0
25 1 0
40 0
40 1 0
18
0
18
0
0
83
39
0
39
0
0
39
Notes:
1. Construction Phase Services based on estimated six (6) months contract/four (4) months of actual construction.
2. Construction administration hours have been adjusted to reflect part-time inspection and the estimated resulting additional RFI's, site visits, etc.
CC003 3MG Cost Spreadsheet REVISED 4.25-13
0
0
0
0
0
0
0
0
0
0
0
0
440
440
0
0
440
Subconsultant/
SUE Allowance
See Below
6,795.00
14,667.75
2,000.00
7,500.00
30,962.75
Total Task ($)
See Below
$ 7,550.00
$ 15,452.75
$ 3,185.00
$ 2,610.00
$ 21,800.00
$ 9,920.00
$ 4,730.00
$ 3,150.00
$ 68,397.75
4,950.00
4,950.00
28,975.00
25,300.00
54,275.00
2,000.00
2,000.00
I$
- I$
1,500.00 I $
- I$
1,500.00 I $
2,000.00 j $
2,000.00 I $
34,462.75 I $ 129,622.75
Ear Ardaman & Associates, Inc.
NIAGeotechnical, Environmental and
Materials Consultants
Quentin L. Hampton Associates, Inc.
PO Drawer 290247
4401 Eastport Parkway
Port Orange, Florida 32129-0247
Phone: (386) 761-6810
Attention: Mr. David King, P.E.
Email: dking@glha.com
Subject: Proposal for Subsurface Soil Exploration and
Geotechnical Engineering Evaluation
Proposed 3 -MG Ground Storage Tank
City of Cape Canaveral WWTP
Cape Canaveral, Florida
Dear Mr. King:
March 19, 2013
Proposal File No. 1323-052
As requested, we are pleased to present this proposal for conducting a subsurface soil exploration
and geotechnical engineering evaluation for the subject project. Based on information provided by Mr.
David King, P.E. with Quentin L. Hampton Associates, Inc. (QLH) and on discussion with Mr. King, the
proposed development includes constructing an above -ground approximately 3 million -gallon ground
storage tank.
We anticipate that the storage tank will be a pre -stressed concrete tank. We understand that the tank
will be approximately 110 to 125 feet in diameter and up to 30 feet high. Preliminarily, the anticipated
ground contact weight due to the tank is estimated at approximately 2,200 pounds per square fool
(psf) based on the tank dimensions and assuming a fluid unit weight similar to that of water for the
tank contents. Actual tank loading conditions will need to be provided by the Client for our analyses.
Based on anticipated soil conditions, the tank may be founded on a deep pile foundation system.
The vicinity of the proposed tank location is developed as a WWTP facility. We anticipate that the
additional fill necessary to bring the tank area to final grade is Tess than 2 feet.
The following summarizes our proposed scope of work and associated fees for conducting the subject
exploration.
FIELD EXPLORATION
The field exploration program will include the following:
Description Number of Borings
Depth Below Ground
Surface (feet)
Ground Storage Tank
(Center)
Ground Storage Tank
(Perimeter of 393 ft)
1 SPT
1 SPT
4 SPT
125
7
50
1300 N. Cocoa Boulevard. Cocoa. Florida 32922 Phone (321) 632.2503 FAX (321) 636-4657
Louisiana: Alexandria. Baton Roane. Monroe. New Orleans. Shreveport
Florida: Bartow. Cocoa. Fort Myers. Miami. Orlando. Port Charlotte. Port St. Lucie. Sarasota Tallahassee. Tampa. Wes! Palm Bench
2
QLH — Cape Canaveral Storage Tank
Proposal File No. 1323-052
The SPT borings will be drilled using a procedure similar to the Standard Penetration Test outlined in
ASTM D-1586. The borings will be sampled at 18 -inch intervals to 10 feet deep and at 5 -foot intervals
below 10 feet. Each sample will be removed from the sampler in the field and then examined and
visually classified by our crew chief. Representative portions will be sealed and packaged for
transportation to our laboratory for further analysis as required. Water level observations will be made
in the boreholes during the drilling operation. Cone penetration test (CPT) soundings may be
substituted for some of the SPT borings.
If soft clay soils are encountered within the vertical reaches of the borings, two relatively undisturbed
Shelby tube samples of the clay will be collected and retumed to our laboratory for examination and
testing.
LABORATORY PROGRAM
Routine laboratory visual classification of the retrieved soil samples will be performed by a
Geotechnical Engineer. In addition, specific classification tests deemed necessary (i.e., sieve
analysis, organic content, moisture content, and Atterberg limits) may be performed on select soil
samples. In addition, if soft clay is encountered in the borings, an incremental consolidation test
(ASTM D-2435) will be performed on one of the Shelby tube samples of clay collected from the site.
ENGINEERING ANALYSIS AND REPORT
Engineering analysis of all data obtained will be made to evaluate general subsurfaoe conditions and
to develop engineering recommendations to guide site preparation and foundation support for the tank
structure. For the tank, an evaluation of one shallow foundation system will be performed. We will
calculate estimated settlement associated with the structure foundation loads provided by the Client. If
the estimated settlement is deemed to be excessive, axial capacities and recommendations for driven
pile foundations will be provided. We will analyze up to two different pile types and up to three
different pile sizes. Lateral analysis of the pile foundations is not included in our scope of services.
An estimate of the normal seasonal high groundwater table level at the boring locations will also be
provided. The results of our analyses, together with all data developed during the exploration, will be
submitted in a written report upon conclusion of the study.
COST ESTIMATE
The costs associated with the aforementioned tasks are estimated as follows. The total cost will not
be exceeded without prior authorization.
Site Reconnaissance, Boring Layout, and Utility Locate by Project Engineer:
2 hours @ $108.00/hour. $ 216.00
Mobilize Drilling Crew and Equipment (lump sum): $ 300.00
SPT Borings: 1 boring x 125 it and 4 borings x 50 I.1.
(0 - 50 if.): 250 1.f. aQ $14.00/I.f. $3,500.00
(50 -100 I.f.): 75 I.f. @ $18.00/1.f. $1,350.00
(100 --125 I.f): 25 if Q $21.00/1.f. $ 525.00
3
QLH — Cape Canaveral Storage Tank
Proposal File No. 1323-052
Collecting Two Shelby Tube Samples (If Soft Clay Encountered)
3 crew hours @ $165.00/crew hour $ 495.00
Grout Boreholes: 350 if. @ $3.50/I.f. $1,225.00
Opening Shelby Tube Samples and Unit Weigh/Classification:
2 samples @ $59.00/sample $ 118.00
Laboratory Classification Testing Allowance: estimate $ 300.00
Laboratory Consolidation Test (If Necessary): 1 test @ $600.00/test $ 600.00
Senior Project Engineer: 4.5 hours @ $127.00/hour $ 571.50
Project Engineer: 16 hours @ $108.00/hour $1,728.00
CADD Draftsperson: 5 hours @ $55.00/hour $ 275.00
Technical Secretary: 3 hours @ $46.00/hour $ 138.00
TOTAL COST $11,341.50
o4 - 14,w01. 75 �..du4.s5) below
If temporary casing is needed to prevent borehole collapse during drilling or due to artesian
conditions, a cost of $8.70 per linear foot of casing installed between 0 and 50 feet deep, $10.85 per
linear foot between 51 and 100 feet deep, and $13.50 per linear foot between 101 and 125 feet deep
will be added to the above total Additional costs may be incurred if artesian groundwater conditions
are encountered and addition ime is required to stop the flow of water and seal the boreholes.
t3,37 -co.
TERMS AND CONDITIONS
This proposal is subject to the following terms and conditions: (1) access to boring locations is to be
readily available to our truck -mounted drilling equipment, (2) the proposed number of borings and the
boring depths will be adequate, (3) Ardaman & Associates will not take responsibility for damages to
underground structures and/or services that are not located by Sunshine One -Call. The client's and/or
owner's assistance will be needed to identify on-site utility locations, and (4) exploration or evaluation
of the environmental (ecological or hazardous/toxic material related) condition of the site and
subsurface is not included in this evaluation.
QLH — Cape Canaveral Storage Tank
Proposal File No. 1323-052
CLOSURE
4
We appreciate the opportunity to submit this proposal and look forward to working with you on this
project. If this proposal meets with your approval, please indicate your acceptance by issuing a
subcontract. Please call if you have any questions or require additional Information.
Very truly yours,
ARDAMAI4 & ASSOCIATES, INC.
wesZ gob. c )L-1
•
D vid/S. Fickey, P.E. �....-�J'ason P. Manning, P
Project Engineer
D BF/JPM/dbf
Branch manager
NOBLE STRUCTURAL GROUP, INC.
CONSULTING ENGINEERS
Subject: Proposal for Structural Engineering Services for a Pile supported Storage Tank
Foundation at Cape Canaveral WWTP
PROFESSIONAL SERVICES AGREEMENT
Noble Structural Group., Inc. is pleased to present this proposal for structural engineering services
related to the subject project. We understand this project to consist of designing a pile supported
floor slab foundation for an approximately 125' diameter x 30' high storage tank. The design of this
type of foundation system will be required if, based on the tank manufacturer loads, preliminary
geotechnical analysis deems shallow foundations not feasible.
NSG's Scope of Services will include:
Design and Drawings
1. Based on recommendations in the final Geotechnical Report and Toads from the prestressed
concrete tank manufacturer, design piles, slab and grade beams (or drop panels) to support the
tank.
2. Coordinate the connections of prestressed tank walls to the reinforced concrete foundations.
3. Provide structural drawings for above noted items. We anticipate the following drawings will be
submitted:
Pile Layout / Slab and Grade Beam Plan / Sections and Details / General Notes
Bidding and Construction
4. Clarify drawings and answer bidder questions during bid phase
5. Assist City as requested in evaluating structural bids
6. Review structural submittals related to the tank substructure.
7. Perform up to (3) on-site inspections at critical phases of construction.
EXCLUDED SERVICES
NSG's services do not include services other than structural engineering.
COMPENSATION
Our fee for the above described Scope of Services is as follows:
Design and Drawings $7,500
Bidding and Construction $1,500
Additionally requested services will be billed at the hourly rates below:
Project Engineer, PE $130/Hour
CAD Designer $70/Hour
Clerical $55/Hour
LIMITATIONS OF LIABILITY
To the maximum extent permitted by law, the Client agrees to limit the Consultant's liability for the
Client's damages on an individual claim to a sum not exceeding the Consultant's fee on the individual
project. This limitation shall apply regardless of the cause of the action or legal theory pled or
asserted.
CHANGED CONDITIONS
If, during the terms of this Agreement, circumstances or conditions that were originally contemplated
by or known to the Consultant are revealed, to the extent that they effect the scope of services,
PHONE 321.635.9344.220 CORAL SANDS DRIVE STE. 3, ROCKLEDGE, FL 32955. FAx 321.635.9343
NOBLE STRUCTURAL GROUP, INC.
CONSULTING ENGINEERS
compensation, schedule, allocation of risks or other material terms of this Agreement, the Consultant
may call for renegotiation of appropriate portions of this Agreement. If terms cannot be agreed to,
the parties agree that either party has the absolute right to terminate this Agreement, in accordance
with the Termination Provision hereof.
BIWNG AND PAYMENT TERMS
PAYMENT DUE. Invoice for design services shall be submitted by the Consultant upon completion of
final drawings. Bid and Construction phase services will be invoiced monthly based on services
performed. Invoices shall be considered past due if not paid within 30 calendar days of the due date.
INTEREST. If payment in full is not received by the consultant within 30 calendar days of the due date,
invoices shall bear interest at one -and -one half (1.5) percent (or the maximum rate allowable by law,
whichever is Tess) of the PAST DUE amount per month, which shall be calculated from the invoice due
date. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal.
COLLECTION COSTS. If the Client fails to make payments when due and the Consultant incurs any
costs in order to collect overdue sums from the Client, the Client agrees that all such collection costs
incurred shall immediately become due and payable to the Consultant. Collection costs shall include,
without limitation, legal fees, collection agency fees and expenses, court costs, collection bonds and
reasonable Consultant staff costs at standard billing rate for the Consultant's time spent in efforts to
collect. This obligation of the Client to pay the consultant's collection costs shall survive the term of
this Agreement or any earlier termination by either party.
SATISFACTION WITH SERVICES. Payment of any invoice by the Client to the Consultant shall be taken
to mean that the Client is satisfied with the Consultant's services to the date of payment and is not
aware of any deficiencies in those services.
SUSPENSION OF SERVICES
The Consultant Reserves the right to withhold or suspend services if payment for services rendered is
not received in accordance with the terms of this agreement. The Client is not relieved of any
outstanding debt during periods of suspended or withheld services by the Consultant.
UMITATIONS OF LIABILITY
To the maximum extent permitted by law, the Client agrees to limit the Consultant's liability for the
Client's damages on the project to a sum not exceeding the Consultant's fee on the project. This
limitation shall apply regardless of the cause of the action or legal theory pled or asserted.
EXECUTION
Signing below is indication of acceptance of the terms of this Agreement. This proposal is valid for a
period of sixty (60) days.
3/26/13
David King, P.E. Date Andrew Noble, P.E. Date
Quentin L. Hampton Associates, Inc Noble Structural Group, Inc.
PHONE 321.635.9344.220 CORAL SANDS DRIVE STE. 3, ROCKLEDGE, FL 32955. FAx 321.635.9343
KUGELMANN LAND SURVEYING, INC.
30 North Tropical Trail, Suite B -Merritt Island, Florida 32953
Phone (321) 459-0930 Fax (321) 459-9413
•
March 19, 2013
David King, P.E.
Quentin L. Hampton Associates, Inc.
PO Drawer 290247
Port Orange, FL 32129-0247
Re: Topographic Surveying Services for the Proposed 3 Million Gallon Reclaimed
Storage Tank, Cape Canaveral, Florida.
Dear David:
Pursuant to your request, Kugelmann Land Surveying, Inc. (KLS) is pleased to present
this proposal for professional surveying services to the above referenced project. The
deliverable documents shall be the preparation of a topographic survey depicting the
existing conditions. Cad drawings will be produced on Bentley MicroStation PC Version
8 platform and will be available in Bentley or AutoCAD format upon request.
Based on your information, we propose to provide the following specific professional
services:
1. The topographic survey will include but not be limited to the Location of the all
existing improvements. Spot elevation at fifty -foot intervals and any other
elevations necessary to depict the storm drain run-off. The limit of the survey
shall be from river/fence to the west, fence line with park to the north, river/fence
to the south and east to the west side of the admin building (building east of
existing north tank). Also the location of all underground utilities marked by the
Sunshine locators and the location of any soft digs within the area, (40 hours two
man field crew: $3,800.00).
2. Stake out proposed borings, (4 hours two man field crew: $380.00).
3. Locate SUE/vacuum locations of buried pipes, (4 hours two man field crew:
$380.00).
4. Computer drafting for map preparation, (32 hours office: $1,760.00).
5. Project supervision and calculations, (5 hours -Professional Land Surveyor
$475.00).
Our proposed lump sum fee for the services described above would be as follows:
$6,795.00
Conditions:
1) The depths of subsurface utilities are not included except where they are exposed
at the soft dig locations.
2) The location of endangered species habitat and/or environmental areas is not part
of this proposal.
3) All surveying services shall meet or exceed the Minimum Technical Standards
established by the Florida Board of Professional Surveyors and Mappers as set
forth in Chapter 5J-17 F.A.C.
4) Any additional services not specifically described herein that are requested by the
Client will accrue additional charges based on our hourly rates. No additional
services will be provided unless authorized by the Client.
The professional services described herein are based on the following rate schedule:
.108 TITLE RATES PER HOUR
Professional Land Surveyor $95.00
Two Man Crew 95.00
1 Cad Operator 55.00 1
Should you have any questions or comments regarding this proposal, please feel free to
call. We would like to thank you for the opportunity to provide these services and we
look forward to working with you on this project.
Sincerely,
i6a44.4)d K
David J. Kugelmann, P.L.S.
President
2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 05/21/2013
Item No. 5 -
Subject: Ordinance No. 06-2013; amending Chapter 110, Zoning, of the City Code
related to parking and paving requirements; amending definitions; providing for
temporary parking on unpaved areas; 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: The Code calls for all parking areas to be paved per Section 110-555.
Paving of vehicular use areas. "All commercial and industrial areas used for the display
or parking of any and all types of vehicles, boats or heavy construction equipment and
all land upon which vehicles traverse the property as a function of the primary use,
including but not limited to drives, parking, service and display areas, shall be paved."
Ordinance No. 06-2013 addresses the need to allow for temporary parking on unpaved
areas as part of a permitted outdoor entertainment event or City special event. Such
parking may be approved by the City Manager or designee and shall apply only to
properly licensed operable motor vehicles for a specified limited duration. See attached
minutes with request from Joyce Hamilton.
Also, a definition for "finished surface" has been added to clarify that paving shall have a
finished surface and that "millings" do not qualify as paving.
The Planning and Zoning Board reviewed the proposed Ordinance on May 8, 2013 and
unanimously recommended approval with the following changes:
Paving may consist of the following materials: macadam, asphalt, tar, cement, concrete,
pervious concrete, permeable paving, bricks, tile, pavestone, tilestone, flags, flagstone,
flagging, cobblestone, cobbles, curb, kerb, curbstone, kerbstone, edgestone, and
curbing. All paving material shall have a finished surface and must be contained by a
permanent border and properly maintained.
Submitting Director: Barry Brown PIS Date:05/13/2013
Attachments: 1) Ordinance No. 06-2013; 2) Minutes from February 19, 2013 Council
meeting; and 3) Planning & Zoning Board recommendation to City Council.
Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the
City Code.
Reviewed by Finance Director: John DeLeo
Date: ///1/13
13
The City Manager recommends that City Counc I take the following action(s):
Adopt Ordinance No. 06-2013, first reading.
Approved by City Manager: David L. Greene Date: 5/,31-3
City Council Meeting Date: 05/21/2013
Item No. -5
Page 2of2
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 06-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CHAPTER 110, ZONING, OF THE CITY CODE
RELATED TO PARKING AND PAVING REQUIREMENTS;
AMENDING DEFINITIONS; PROVIDING FOR TEMPORARY
PARKING ON UNPAVED AREAS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City of Cape Canaveral City Council believes community events, such as
approved outdoor entertainment events, contribute to the general quality of life for the residents of
Cape Canaveral, and
WHEREAS, the City of Cape Canaveral City Council acknowledges that the successful
execution of such events may require the use of temporary parking on unpaved areas, as approved
by the City; and
WHEREAS, notwithstanding the provision for temporary parking on unpaved areas
outlined herein, the City of Cape Canaveral City Council desires to amend the definition of paving,
to clarify that a finished surface is a requirement of paving work; 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 sikteut
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):
City of Cape Canaveral
Ordinance No. 06-2013
Page 1 of 3
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 the section, except where the context clearly indicates a different meaning*
* * *
Finished surface, as it relates to the definition of "paving" in this section, means manipulated
by tool or machine to effectuate a uniform consistency and smoothness in accordance with industry
standards, in a workmanlike manner.
* * *
Paving may consist of the following materials: macadam, asphalt, tarr eeilient; concrete,
pervious concrete, permeable paving. bricks, tile, pavestone, tilestone, flags, flagstone, flagging,
cobblestone, Eels; curb, kerb, curbstone, kerbstone, edgestone and curbing. All paving material
shall have a finished surface and must be contained by a permanent border and properly maintained.
* * *
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 2. OFFSTREET PARKING
Sec. 110-492. - Location of spaces.
•
* * *
* * *
(f) Temporary narking on unpaved areas may be approved by the city manager or
designee as part of a permitted outdoor entertainment event or city special event. Such
approval shall apply only to properly licensed. operable motor vehicles for a specified
limited duration.
* * *
City of Cape Canaveral
Ordinance No. 06-2013
Page 2 of 3
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral
City Code and any section or paragraph, number or letter and any heading may be changed or
modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be
corrected and additions, alterations, and omissions, not affecting the construction of meaning of this
ordinance and the City Code may be freely made.
Section 5. Severabilitv. 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 Reading:
Legal Ad published:
Second Reading*
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Rocky Randels, Mayor
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 06-2013
Page 3 of 3
For Against
City of Cape Canaveral, Florida
City Council Regular Meeting
February 19, 2013
Page 4 of 6
Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh,
For.
8. Ordinance No. 03-2013: amendina Chapter 110. Zoning. of the Cape Canaveral
Code of Ordinances related to commercial parkina facilities in the MA Economic
Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances
and resolutions: incorporation into the Code: severabilitv: and an effective date, first
reading: Attomey Garganese read the Ordinance title into the record, noted the prior
submittal of the Ordinance, the additional work by the Planning and Zoning Board and
provided a brief explanation of the Ordinance. Planning and Zoning Director Barry
Brown provided further explanation of the Ordinance, the steps taken by the Planning
and Zoning Board and the creation of the definition of commercial parking facilities. The
Public Hearing was opened. Ray Osborne provided comments and questioned whether
this item is needed. He expressed concerns over noise from car alarms in the
neighborhood. The Public Hearing was closed. Council Members discussed the
screening/landscaping requirements. A motion was made by Mayor Pro Tem Bond,
seconded by Council Member Petsos, to pass the Ordinance (03-2013) as written.
The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council
Member Hoog, For, Council Member Petsos, For; Mayor Randels, For; and
Council Member Walsh, For.
9. Ordinance No. 04-2013: amending the definition of "heiaht of buildinan set forth in
Section 110-1 of the Cape Canaveral Code of Ordinances: orovidina 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 and provided a brief explanation of same. Planning and Zoning Director
Barry Brown reviewed actions taken which led to the Ordinance. The Public Hearing
was opened. No comments were received and the Public Hearing was closed. A
motion was made by Council Member Petsos, seconded by Council Member
Walsh, for approval of Ordinance No. 04-2013. The motion carried 5-0 with voting
as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council
Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
10. Ordinance No. 05-2013: amendina Chapter 110. Zonina. of the Code of
Ordinances related to outside storaae: providina for a definition: repealina the special
exception in the C-1 and C-2 Zonina Districts for the commercial establishments for the
storaae or parkins of recreational vehicles. trailers and trailerable items: providing for
the repeal of prior inconsistent ordinances and resolution.*: incorporation into the C.cxle;
severabilitv and an effective date. first reading: Attorney Garganese read the Ordinance
title into the record and provided a brief explanation of same. Planning and Zoning
Director Barry Brown explained the events which led to the prior Ordinance being sent
back to the Planning and Zoning Board for further consideration and creation of a
definition for outside storage. The Public Hearing was opened. Joyce Hamilton
expressed concems related to the creation of a non -conforming use, to which Attorney
Garganese responded. She also encouraged an Ordinance change to allow tempo- rra j
City of Cape Canaveral, Florida
City Council Regular Meeting
February 19, 2013
Page 5of6
parking on grass areas for special events. Attorney Seth Chipman, representing Mr. &
Mrs. Pierson, property owners in the 200 Block of Central Blvd. noted his clients'
opposition to the Ordinance due to the lack of consistency with uses in the
neighborhood and the City's Vision Statement. To prohibit the parking of these items in
residential neighborhoods is not in the best interest of the community. Concerns raised
by Attorney Chipman were discussed and included the proposed Town Center and
Mixed Use Zoning. Charles Pindziak inquired as to what property would allow for
outside storage, to which Mr. Brown responded M1. The Public Hearing was closed.
Further Council comments were received. A motion was made by Council Member
Hoog, seconded by Council Member Petsos, to adopt Ordinance No. 05-2013. The
motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council
Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and
Council Member Walsh, For.
REPORTS:
11. Council
Manor Pro Tem Bond welcomed Finance Director John DeLeo and Leisure Services
Director Gustavo Vergara. He noted the large turnout for the Sea Oats Planting and
thanked Council Member Petsos for his work on this project.
Council Member Walsh asked who normally serves as the City's Representative to the
TPO, to which it was stated the Mayor is the representative. She requested additional
review time when a large document is presented for consideration/adoption.
Council Member Petsos thanked Public Works Services for their work on the Sea Oats
Planting Project.
Council Member Hooq welcomed Finance Director John DeLeo and Leisure Services
Director Gustavo Vergara.
Mayor Randels noted his work to emcee the Politicos on Parade VI, sponsored by the
League of Women Voters. He noted his participation in a "Trike-a-Thong held at
Manatee Sanctuary Park raising funds for St. Judes. The event involved approximately
25, three to five year old children. Mayor Randels explained the City of Cocoa Beach is
requesting support for their request to obtain tourist tax dollars that will be available
after the loan for the Baseball Stadium is paid in April 2013. They would like a
municipal pier, beach or boardwalk, and/or a surf park/destination beach resort. He
noted Cocoa Beach was voted one of the top three beach cities in the State. Mayor
Randels noted at the February 14th Space Coast Transportation Planning Organization
(TPO) meeting the TPO's Legislative Priorities to the State Department of
Transportation were amended to include the AIA Corridor Improvements as
recommended in the Feasibility Study.
Memo
Date: May 9, 2013
To:
From:
Through:
Re:
Community & Economic Development
Department
Barry Brown, Planning & Zoning Director
Susan L. Chapman, Secretary, Planning & Zoning Board
Lamar Russell, Chairperson, Planning & Zoning Board
Recommendation to City Council - Ordinance No. 06-2013, Amending City Code
Section 110-1, Definitions - related to parking and paving requirements.
On May 8, 2013, the Planning & Zoning Board held a meeting to consider proposed Ordinance No. 06-
2013, to amend City Code Section 110-1, Definitions, related to parking and paving requirements;
providing for temporary parking on unpaved areas; and providing a finished surface requirement for
paving.
Following review and discussion, the Board unanimously recommended approval of the proposed
ordinance with the following changes to read as follows:
Section 110-1. - Definitions:
Paving may consist of the following materials: macadam, asphalt, 4 f, cement, concrete, pervious
concrete, permeable paving, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone,
cobblea, curb, kerb, curbstone, kerbstone, edgestone, and curbing. All paving material shall have a
finished surface and must be contained by a permanent border and properly maintained.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 05/21/2013
Item No. 6
Subject: Ordinance No. 07-2013; amending Chapter 78, Utilities, of the Code of
Ordinances related to illicit discharges and connections to the Municipal Separate Storm
Sewer System (MS4); providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability; and an effective date, first reading.
Department: Public Works Services
Summary: As part of the National Pollutant Discharge Elimination System (NPDES)
permit for the City of Cape Canaveral (City), an ordinance is required to address illicit
discharges and illicit connections to the Municipal Separate Storm Sewer System
(MS4). Illicit discharges to the MS4 include, but are not limited to, the following:
• Pollutants or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards, other than stormwater.
Illicit connections to the MS4 include, but are not limited to, the following:
• Any drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the storm drain system including, but not limited to, any
conveyances which allow any non-stormwater discharge including sewage,
process wastewater and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted or
approved by an authorized enforcement agency; and
• Any drain or conveyance connected from a commercial or industrial land use to
the storm drain system which has not been documented in plans, maps or
equivalent records and approved by an authorized enforcement agency.
The primary objectives of this Ordinance are as follows:
• To regulate the contribution of pollutants to the MS4 by stormwater discharges by
any user;
• To prohibit illicit discharges and connections to the MS4; and
• To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this Ordinance.
Violators of this Ordinance are subject to suspension of access to the MS4 and possible
criminal prosecution.
Submitting Director: Jeff Ratliff
Attachment: Ordinance No. 07-204
Date: 05/10/2013
Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the
City Code.
Reviewed by Finance Director: John DeLeo
s�j�'�o�3
Date:
City Council Meeting Date: 05/21/2013
Item No. la
Page 2 of 2
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 07-2013, first reading.
Approved by City Manager: David L. Greene LO 6,•.-X11-c4.0.44Date: S f /&/Zof 3
City Council Action:[ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment
Ordinance No. 07-2013
ORDINANCE NO. 07-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 78, UTILITIES, OF THE CODE OF
ORDINANCES RELATED TO ILLICIT DISCHARGES AND
CONNECTIONS TO THE MUNICIPAL SEPARATE
STORM SEWER SYSTEM (MS4); PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City maintains a National Pollutant Discharge Elimination System
("NPDES") permit through the Florida Department of Environmental Protection; and
WHEREAS, the permit requires the City to comply with the Generic Permit for
Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems, which calls
for adoption of an ordinance prohibiting illicit discharges and dumping to the municipal separate
storm sewer system ("MS4"); and
WHEREAS, polluted stormwater runoff is often transported to MS4s and ultimately
discharged into local waters without treatment causing adverse effects, 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 Chapter 78, Utilities. Chapter 78, Utilities, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and steikeeut type indicates deletions, while asterisks (* * *) indicate a
deletion from this Ordinance of text existing in Chapter 78. It is intended that the text in Chapter
78 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
CHAPTER 78. UTILITIES
City of Cape Canaveral
Ordinance No. 07-2013
Page 1 of 9
ARTICLE V. STORMWATER DRAINAGE
DIVISION 4. ILLICIT DISCHARGE AND CONNECTION
Sec. 78-400. — Short title: purpose and obiectives.
This division shall be known and may be cited as "the City of Cape Canaveral Illicit
Discharge Ordinance ("IDO"). The purpose of this division is to provide for the health, safety,
and general welfare of the citizens of the City of Cane Canaveral through the regulation of non-
stormwater discharges to the storm drainage system to the maximum extent practicable as
required by federal and state law. This division establishes methods for controlling the
introduction of pollutants into the Municipal Separate Storm Sewer System ("MS4") in order to
comply with requirements of the National Pollutant Discharge Elimination System ("NPDES")
permit process. The objectives of this division are:
1. To regulate the contribution of pollutants to the MS4 by stormwater discharges by any
user;
2. To prohibit illicit connections and discharges to the MS4, and
3. To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this division.
Sec. 78-401. — Authorized enforcement agency.
It shall be the duty of the stormwater utility director or designee to administer and
enforce the pollution prevention methods established by this division.
Sec. 78-402. — Definitions.
For purposes of this division, the following terms, phrases, words and their derivations
shall have the mean given herein:
Best Management Practices (BMPs) include schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures and other management practices to prevent or reduce the discharge of
pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance
systems BMPs also include treatment practices, operating procedures and practices to control
site runoff, spillage or leaks, sludge/water disposal or drainage from raw materials storage.
Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) and any subsequent amendments thereto.
Construction Activity means activities subject to the requirements of NPDES
Construction Permits. Currently these include construction projects resulting in land disturbance
City of Cape Canaveral
Ordinance No. 07-2013
Page 2 of 9
of one acre or more. Such activities include. but are not limited to. clearing and grubbing.
grading, excavating and demolition.
Hazardous Materials means anv material. including any substance. waste or combination
thereof. which because of its Quantity, concentration or physical, chemical or infectious
characteristics may cause. or significantly contribute to. a substantial present or potential hazard
to human health, safety, property or the environment when improperly treated, stored.
transported, disposed of or otherwise managed.
Illicit Discharge means any direct or indirect non-stormwater discharge to the storm drain
system, except as exempted in Section 78-406 of this ordinance.
Illicit Connection is defined as either of the following* (1) Any drain or conveyance,
whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain
system including. but not limited to. anv conveyances which allow any non-stormwater
discharge including sewage, process wastewater and wash water to enter the storm drain system
and any connections to the storm drain system from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted or approved by the
stormwater utility director or designee or (2) Any drain or conveyance connected from a
commercial or industrial land use to the storm drain system which has not been documented in
plans. maps or equivalent records and approved by the stormwater utility director or designee.
Industrial Activity means activities subiect to NPDES Industrial Permits as defined in 40
CFR Section 122.26 (b)(14).
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge
Permit means a permit issued by EPA (or by a State under authority delegated pursuant to 33
USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States,
whether the permit is applicable on an individual. group or general area -wide basis.
Non-Stormwater Discharge means anv discharge to the storm drain system that is not
composed entirely of stormwater.
Person means anv individual. association, organization, partnership. firm. corporation or
other entity recognized by law and acting as either the owner or as the owner's agent.
Pollutant means anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints. varnishes and solvents; oil and other automotive fluids;
non -hazardous liquid and solid wastes and yard wastes: refuse. rubbish. garbage. litter or other
discarded or abandoned objects, ordinances and accumulations so that same may cause or
contribute to pollution: floatables, pesticides. herbicides and fertilizers: hazardous substances
and wastes: sewage. fecal coliform and pathogens, dissolved and particulate metals: animal
wastes: wastes and residues that result from constructing a building or structure: and noxious or
offensive matter of anv kind.
City of Cape Canaveral
Ordinance No. 07-2013
Page 3 of 9
Premises means any building, lot, parcel of land or portion of land, whether improved or
unimproved, including adiacent sidewalks and parking strips.
Receiving bodies of water means anv water bodies, watercourses and wetlands into which
surface waters flow, including, but not limited to, ponds, lakes, rivers, and streams.
Storm Drainage System means anv publicly -owned facility by which stormwater is
collected and/or conveyed including, but not limited to, any roads with drainage systems,
municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and
detention basins, natural and human -made or altered drainage channels, reservoirs and other
drainage structures.
Stormwater means the flow of water which results from, and which occurs immediately
following, a rainfall event.
Stormwater Pollution Prevention Plan (SWPPP) is a document which describes the Best
Management Practices and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant
discharges to stormwater, stormwater conveyance systems and/or receiving waters to the
maximum extent practicable.
Stormwater Utility Director means the City's stormwater utility director or such person's
designee or such other person designated by the City Manager.
Wastewater means anv water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Sec. 78-403. - Applicability.
This division shall apply to all water entering the storm drain system generated on any
developed and undeveloped lands unless explicitly exempted by this division or the stormwater
utility director or designee.
Sec. 78-404. - Responsibility for administration.
The stormwater utility director or designee shall administer, implement and enforce the
provisions of this division. Any powers granted or duties imposed upon the stormwater utility
director or designee may be delegated in writing by the city manager to persons or entities acting
in the beneficial interest of or in the employ of the city.
Sec. 78-405. - Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this division are minimum,
standards; therefore, this division does not intend nor imply that compliance by any person will
ensure that there will be no contamination, pollution nor unauthorized discharge of pollutants.
City of Cape Canaveral
Ordinance No. 07-2013
Page 4 of 9
Sec. 78-406. - Discharge prohibitions.
j) Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged
into the municipal storm drain system. watercourses or any receiving bodies of water any
materials. including but not limited to. pollutants or waters containing any pollutants that
cause or contribute to a violation of applicable water quality standards. other than
stormwater. The commencement. conduct or continuance of any illegal discharge to the
storm drain system is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established by
this division: water line flushing or other notable water sources. landscape
irrigation or lawn watering. diverted stream flows, rising ground water. ground
water infiltration to storm drains. uncontaminated pumped ground water,
foundation or footing drains (not including active groundwater dewatering
systems), crawl space pumas, air conditioning condensation. springs, non-
commercial washing of vehicles. natural riparian habitat or wetland flows.
swimming pools (if dechlorinated - typically less than one nnm chlorine),
firefighting activities and any other water source not containing pollutants.
2 Discharges specified in writing by the stormwater utility director as being
necessary to protect public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification to the
stormwater utility director or designee prior to the time of the test.
4. The prohibition shall not apply to any non-stormwater discharge permitted under
an NPDES permit. waiver or waste discharge order issued to the discharger and
administered under the authority of the EPA. provided that the discharger is in full
compliance with all requirements of the permit, waiver or order and other
applicable laws and regulations, and provided that written approval has been
granted for any discharge to the storm drain system.
(b) Prohibition of Illicit Connections.
1. The construction. use, maintenance or continued existence of illicit connections to
the storm drain system is prohibited.
2. This prohibition expressly includes. without limitation, illicit connections made in
the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
3. A person is considered to be in violation of this division if the person connects a
line conveying sewage to the MS4 or allows such a connection to continue.
Sec. 78-407. - Suspension of MS4 access.
j Suspension Due to Illicit Discharges in Emergency Situations. The stormwater utility.
director or designee may. without prior notice. suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge which
presents or may present imminent and substantial danger to the environment, or to the
health or welfare of persons or to the MS4 or waters of the United States. If the violator
City of Cape Canaveral
Ordinance No. 07-2013
Page 5 of 9
fails to comply with a suspension order issued in an emergency, the stormwater utility
director may take such steps as deemed necessary to prevent or minimize damage to the
MS4 or waters of the United States or to minimize danger to persons.
(b) Susnension due to the Detection of Illicit Discharge. Any person discharging to the MS4
in violation of this division may have their MS4 access terminated if such termination
would abate or reduce an illicit discharge. The stormwater utility director or designee will
notify a violator of the proposed termination of its MS4 access. The violator may petition
the stormwater utility director or designee for a reconsideration and hearing.
LI A person commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this section, without the prior approval of the stormwater utility director or
designee.
Sec. 78-408. - Industrial or construction activity discharges.
Any person subject to an industrial or construction activity NPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance with said permit
may be required in a form acceptable to the stormwater utility director or designee prior to the
allowing of discharges to the MS4.
Sec. 78-409. - Monitoring of discharges.
j Applicability. This section applies to all facilities that have stormwater discharges
associated with industrial activity, including construction activity.
ILI Access to Facilities.
1. The stormwater utility director or designee shall be permitted to enter and inspect
facilities subiect to regulation under this division as often as may be necessary to
determine compliance with this division. If a discharger has security measures in
force which require proper identification and clearance before entry into its
premises, the discharger shall make the necessary arrangements to allow access to
the stormwater utility director or designee.
2. Facility operators shall allow the stormwater utility director or designee ready
access to all parts of the premises for the purposes of inspection. sampling,
examination and copying of records that must be kept under the conditions of a
NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law.
3. The stormwater utility director or designee shall have the right to set up on any
Permitted facility such devices as are necessary in the opinion of the stormwater
utility director or designee to conduct monitoring and/or sampling of the facility's
stormwater discharge.
4. The stormwater utility director or designee has the right to require the discharger
to install monitoring equipment as necessary . The facility's sampling and
monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the discharger at its own expense. All devices used to
measure stormwater flow and quality shall be calibrated to ensure their accuracy.
,
City of Cape Canaveral
Ordinance No. 07-2013
Page 6 of 9
5. Any temporary or permanent obstruction to safe and easy access to the facility to
be inspected and/or sampled shall be promptly removed by the operator at the
written or oral request of the stormwater utility director or designee and shall not
be replaced. The costs of clearing such access shall be borne by the operator.
6. Unreasonable delays in allowing the stormwater utility director or designee access
to a permitted facility is a violation of a stormwater discharge permit and of this
division. A person who is the operator of a facility with a NPDES permit to
discharge stormwater associated with industrial activity commits an offense if the
person denies the stormwater utility director or designee reasonable access to the
permitted facility for the purpose of conducting any activity authorized or
required by this division.
7. If the stormwater utility director or designee has been refused access to any part
of the premises from which stormwater is discharged. and he/she is able to
demonstrate probable cause to believe that there may be a violation of this
division. or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with this division
or any order issued hereunder. or to protect the overall public health. safety and
welfare of the community, then the stormwater utility director or designee may
seek issuance of an inspection warrant from any court of competent jurisdiction.
Sec. 78-410. - Requirements to prevent, control, and reduce stormwater pollutants by the
use of BMPs.
The City of Cane Canaveral will adopt requirements identifying BMPs for any activity,
operation or facility which may cause or contribute to pollution or contamination of stormwater,
the storm drain system or waters of the U.S. The owner or operator of a commercial or industrial
establishment shall provide. at their own expense. reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 or watercourses through the use
of these structural and non-structural BMPs. Further, any person responsible for a property or
premise, which is. or may be, the source of an illicit discharge, may be required to implement, at
said person's expense. additional structural and non-structural BMPs to prevent the further
discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES
permit authonzing the discharge of stormwater associated with industrial activity, to the extent
practicable. shall be deemed in compliance with the provisions of this section. These BMPs shall
be part of a SWPPP as necessary for compliance with requirements of the NPDES permit.
Sec. 78-411. - Watercourse protection.
Every person owning property through which a watercourse passes, or such person's
lessee, shall keep and maintain that part of the watercourse within the property free of trash,
debris. excessive vegetation and other obstacles that would pollute. contaminate or significantly.
retard the flow of water through the watercourse. In addition. the owner or lessee shall maintain,
existing privately owned structures within or adjacent to a watercourse. so that such structures
will not become a hazard to the use, function or physical integrity of the watercourse.
,
City of Cape Canaveral
Ordinance No. 07-2013
Page 7 of 9
Sec. 78-412. - Notification of spills.
Notwithstanding other requirements of law, as soon as anv person responsible for a
facility or operation, or responsible for emergency response for a facility or operation has
information of any known or suspected release of materials which are resulting or may result in
illegal discharges or pollutants discharging into stormwater, the storm drain system or water of
the U.S., said person shall take all necessary steps to ensure the discovery, containment and
cleanup of such release. In the event of such a release of hazardous materials, said person shall
immediately notify emergency response agencies of the occurrence via emergency dispatch
services. In the event of a release of non -hazardous materials, said person shall notify the
stormwater utility director in person or bv telephone or facsimile within twenty-four (24) hours.
Notifications in person or bv telephone shall be confirmed bv written notice addressed and
mailed to the stormwater utility director or designee within seventy-two (72) hours of the
telephone notice. If the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its recurrence. Such records shall
be retained for at least three years.
Sec. 78-413. — Enforcement.
The code enforcement board shall have iurisdiction to hear and decide alleged violations
of this ordinance. Each day of violation shall constitute a separate violation.
* * *
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 City of Cape Canaveral City Code and any section or paragraph, number or
letter and any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical and like errors may be corrected and additions, alterations and
omissions, not affecting the construction or meaning of this Ordinance and the City Code may be
freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No. 07-2013
Page 8 of 9
ADOPTED by the City Council of the City of Cape Canaveral, Florida this 18th day of
June, 2013.
ATTEST:
ANGELA APPERSON, City Clerk
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
ROCKY RANDELS, Mayor
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 07-2013
Page 9 of 9
For Against