HomeMy WebLinkAboutAgenda Packet 08-19-2014CITY COUNCIL MEETING
Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair.
PLEASEKEEP CELL PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
August 19, 2014
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item
that is listed on the agenda for final official action by the City Council excluding public hearing items which are
heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes,
informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3)
minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The
Council may schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS / INTERVIEWS:
6:15 p.m. — 6:30 p.m.
Port Canaveral update provided by Chief Executive Officer John Walsh.
CONSENT AGENDA:
6:30 p.m. — 6:35 p.m.
Approve Minutes for Budget Workshop and Regular City Council Meetings of
July 15, 2014.
2. Resolution No. 2014-23; reappointing Members to the Planning and Zoning
Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date. (Craig Kittleson & Harry Pearson)
3. Adopt the revised Interlocal Agreement for Public School Facility Planning and
School Concurrency.
4. Waive the competitive bidding process for the purpose of extending the term of
the existing contract, and approve the Seventh Addendum to Professional
Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest
Control Services in the Amount of $41,344 with Black's Spray Service, Inc. and
authorize the City Manager to execute same.
City of Cape Canaveral, Florida
City Council Meeting
August 19, 2014
Page 2 of 3
5. Approve Second Addendum to Professional Services Agreement for Mowing and
Landscaping Services in the amount of $186,930 with JB's Lawn Control, Inc.
and authorize the City Manager to execute same.
6. Award Branding RFP #2014-01 and approval of an expenditure of 50% of the
cost, or $15,000 of Branding Contract with Prismatic; authorizing the City
Manager to execute same.
PUBLIC HEARING:
6:35 p.m. — 7:00 p.m.
7. Ordinance No. 08-2014; providing for the regulation of signage; providing for
comprehensive amendments to Chapter 94, Signs, of the Code of Ordinances;
amending the signage requirements for the A1A Economic Opportunity Overlay
District; providing for repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability, and effective date, first reading.
8. Ordinance No. 09-2014; affecting the use of land in the City relating to medical
marijuana treatment centers, whether for medical or recreational use, and
relating to pain management clinics; amending Chapter 110, Zoning, of the Cape
Canaveral Code of Ordinances to include "Medical Marijuana Treatment Centers"
and "Pain Management Clinics" as Special Exceptions in the C1, C2, and M1
Zoning Districts and setting forth standards and requirements for such uses;
providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, first reading.
9. a. Approve a Memorandum of Agreement between Tanya J. Guidi and the City
to convey a strip of land approximately twenty (20') foot wide, located along the
rear property boundary of Lot 11 of Harbor Heights Subdivision, with an address
of 245 Harbor Drive, upon final adoption of the required Ordinance.
b. Ordinance No. 10-2014; pursuant to Section 2.12(6) of the City Charter,
authorizing the conveyance of an approximate twenty (20') foot wide strip of real
property located along the rear boundary of Lot 11 of the Harbor Heights
Subdivision by Quit -Claim Deed without any representations and warranties
made by the City; declaring that the City of Cape Canaveral no longer has a
public purpose interest in said real property and that it is in the best interests of
the City to convey the real property to the owner of the adjacent property subject
to the terms and conditions set forth in the Quit -Claim Deed; providing for
severability, the repeal of prior inconsistent ordinances, and an effective date,
first reading.
REPORTS:
7.00 p.m. — 7:15 p.m.
City of Cape Canaveral, Florida
City Council Meeting
August 19, 2014
Page 3 of 3
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: 8/19/2014
PRESENTATIONS / INTERVIEWS
Subject: Port Canaveral update provided by Chief Executive Officer John Walsh.
Department: Administrative Services
Summary:
At the Regular City Council Meeting of June 17, 2014, Mayor Pro Tem Buzz Petsos
indicated Chief Executive Officer of Canaveral Port Authority John Walsh would be
willing to attend a City Council Meeting to provide an update on Port Activities.
At the Canaveral Port District Board of Commissioners Meeting of June 18, 2014, Mr.
Walsh presented the status of on-going business at the Port (Port Meetings can be
viewed at h t :1/ ortcanaveral.com/ snare!/we casts. h ). Mr. Walsh is here tonight to
share that information and bring the City up to date on the latest happenings.
Submitting Department Director: Angela Apperson Date: 8/5/2014
Attachment: None
Financial Impact: Staff time to prepare Agenda Item.
�
Reviewed b Date:
Finance Director: John DeLeo' /
���a`'
The City Manager recommends that City Council "take the following action:
Approved by City Manager: David L. Greene Date: r
City Council Action: [ ] Approved as Recommended [ ] Disapprove
[ ] Approved with Modifications
Tabled to Time Certain i
CITY COUNCIL BUDGET WORKSHOP MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 15, 2014
4:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 4 P. , and led the pledge
of allegiance. "°
ROLL CALL:
Council Members Present:
Mayor ■,• Tern
Mayor
914&U-
Others Present:
ManagerCity City •
Director. -
Finance
• : • s
Public Works Services Dir.
Public Works /Services De
Brevard Cou"int Sheriff
Cape Canav rg,f /oluntee
Cape Canaveral Vetiintee
DISCUSSION:
r, Fire Dept. Chief
r Fire Dept. Assistant Chief
City of Cape Canaveral, Florida
Q4V-S,
July 15, 2014
Page 2 of 2
rate; projected increases in insurance costs for Health and General Liability; the pursuit
of grant funds to lower the amount borrowed for Wastewater Treatment Plant and
for water projects; the Grant received by the Fire Department for replacement
equipment; the projected increases in insurance costs may also affect the contract costs
for Fire; capital items; the efforts to develop a sense of place on Ridgewood, North
Atlantic and AlA; additional funding for the Long Point Road Project from the Army
Corps of Engineer; the recommended use of Community Redevelopment Agency (CRA)
Funds for Way -finding and interpretive art along North Atlantic Avenue; the application
for grant funds to offset the amount of money borrowed from,,the"8tate Revolving Loan
Fund for Wastewater and Stormwater projects; the current "SRF Loans will be paid off
prior to the beginning of new loan payments; the work Cape naveral Precinct is doing
to deter theft at local businesses; the maintenance pro'grams,,,,'*Jhich will extend the
useful life of assets; the rehabilitation of lift stations
versus repNowent of them; the
need for replacement of the Northern lift statioqO466e'to growth; the" need to acquire
'*
easements to accommodate lift station upgraa prior commitment study whether",
" lx�
the lift station at Treasure Island Condom iniuiW;Could be Naced undergro"up'O", the multi-
-M W
R Or
generational center, which was moved out to FY`�011&19A, 41d,"funding/location for same;
the request to move the CIP item for paving the trait"' //'Vanatee Sanctuary Park with a
rubberized material to FY 2014/15; instrumentati
6 grades at the Wastewater
Treatment Plant; estimated cost for projects appear too h� h; the fact that the cost of
nfi
engineering needed improvements is drive"'up because 8l"O","o-4ack of record drawings
on some of these facilities; the need to compt/ �lete
,�,e_ East Central Sidewalk by filling in
the missing areas; the need to re-establish the"/Capital / JWrovement Schedule for the
cleaning of the Northith end whethet/,,another Budget Workshop will be held in
August. Consensus,,i ed that a second Budget Meeting was not needed.
I
7-07RTTOT. '�
�* �- I* �- �-*
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 15, 2014
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order
of allegiance.
ROLL CALL:
a• -mN".
Mayor Pro Tem
Mayor
Others Present:
tug
Commun
Planning
Building(
Leisure
Public W,
Public W,
• �M
'icial
=
DirectorDirect
rvices Di
and led the pledge
David L. Greene
Angela Apperson
John DeLeo
Todd Morley
David Dickey
Gary Stepalavich
Gustavo Vergara
Jeff Ratliff
Lonnie Dunn
Paul Ring
John Cunningham
PUBLIC PARTICIPATION: Joyce Hamilton presented Assistant Fire Chief Jo
Cunningham with pictures of the first time the Boeing Company donated bicycles for t
Christmas Angel Program and a telephone representing an old call box. Assistant Fi
I
Chief Cunningham and Council Members thanked Ms. Hamilton for the present
items. I
City Council Regular Meeting
July 15, 2014
Page 2 of 4
PRESENTATIONS / INTERVIEWS:
USWSrZ�fre �1trITOWAWr
SIM E
ON
CONSENT AGENDA:
Mayor Randels inquired if any items are to be remove# frorri' nsent Agenda for
discussion. No items were removed.
Vj',Ir$W
%$jjrAOR:
izina the Citv Manaaer to take
F11
3111504—mr-morsuffe=
effective date:
•• .:_./'
�811H
9
rer,
;educes necessary to
:ts and in accordance
y Program ("LAP");
)ssary or advisable in
ireement; ggLhorizinq
said standard LAP
rior inconsistent resolution
A motion has made by, Coun6il Member Bond, seconded by Council Member
Hoog, to approve the Consent Agenda. The motion carried 5-0 with voting as
follows: Coun"' I, 'Member Bond, For; Council Member Hoog, For; Mayor Pro Tern
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
0 9111 0 0=0 9 ro 0 row.=
lilts ffilzrwl
NZIMS V7 TT7
City Council Regular Meeting
July 15, 2014
Page 3 of 4
by Mayor Pro Tern Petsos, seconded by Council Member Walsh, for approval of
Resolution No. 2014-21. The motion carried 5-0 with voting as follows: Council
Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For;
Mayor Randels, For; and Council Member Walsh, For.
6. Authorize removal of a specimen tree at 401 Holman Road: Mayor Randels
explained the process for removal of a specimen tree and noted the recommendation
for removal by the City Arborist. Discussion included whether mjIigation is required; the
'i"
length of time the tree has been located so close to the homy ,`,,,arid,the planting of two
A111 -
new trees in the back yard, which will satisfy the mitigation r uirement. A motion was
,00
made by Council Member Hoog, seconded by C, 6 tIu - c'
_JI Member Walsh, for
approval of the request. The motion carried 5-0 vot'k
s follows: Council
Member Bond, For; Council Member Hoog, For;,- 'ayor P"—,,,,,%.'em Petsos, For;
Mayor Randels, For; and Council Member Walsh, For.
REPORTS:
did not need ma
gress to update t
eastIA, ue
9 rsTi re F0furri"'Ibilresidents to hear from and meet
do, og "
briate Seafg"�'to represent Brevard County.
�er on Monday August 4, 2014 from 6-8:30
•
No ,
regulating/t 6",,,
will be pt sent(
R i b b q),, 1' 7 utting
affir 'r
a 6, Maj
V,,
", 0
7/u/N
Cocoa 13`6
banning ald ,k`,,,,
no zam
Commun
on the
A
consume aicorml-,,to the
situation and advi
uetted-the status `of the Sign Ordinance and an Ordinance
jnanjuaha,to which Mr. Greene indicated the Ordinances
xf,Council meeting. He inquired whether there would be a
for,,,
p� new Fire Station. Mr. Greene responded in the
Petsos referred to a news article that indicated the City of
"-Redevelopment Agency was considering recommending
,/ggo
I
oach. He felt this would push the individuals desiring to
each within Cape Canaveral. City Staff will monitor the
I of further developments.
Mayor Randels noted receipt of a $1,944,000 grant for improvements to North Atlantic
Avenue. He provided a brief overview of the anticipated improvements to make the City
more pedestrian and bicycle friendly.
ADJOURNMENT:
City of Cape Canaveral, Florida
City Council `• Meeting
July 15, 2014
Page 4 of 4
Angela M. Apperson, IVIIVIC, Rocky Randels, lTiayor
Administrative Services Director
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/19/2014
Item No. 2
Subject: Resolution No. 2014-23; reappointing Members to the Planning and Zoning
Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date. (Craig Kittleson & Harry Pearson)
Department: Legislative
Summary: The terms for Planning and Zoning Board Members Craig Kittleson and
Harry Pearson will expire September 15, 2014. Both Members expressed desire to
continue serving on the Board for three year terms (see attached Expiration Notices).
Mr. Kittleson was originally appointed January 21, 2014 to fill the remainder of a term.
The reappointment will begin the first term of the two consecutive full terms allowed by
City Code.
Mr. Pearson has served on the Board since December 6, 2005. Although Mr. Pearson
has served more than two terms, the prohibition did not go into effect until December
20, 2011; therefore, he is eligible for reappointment. Resolution No. 2014-23 outlines
the terms of appointment (see attached).
It is now incumbent upon the City Council to reappoint each as Members of said Board.
SubmittingDepartment Director: Angela A erson � Date: 7/21/2014
Attachments: Expiration Notices and Resolution. No. 2014-23.
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Finance Director: John DeLeo Date: 2 i
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2014-23.
Approved by Cit Mana er: David L. Greene L9 `jJI- Date:
City Council Action: [ ] Approved as Recommended [ ] Disapp oved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Craig Kittleson
351 Harbor Drive
Cape Canaveral, FL 32920
Dear Mr. Kittleson:
City of Cape Canaveral
Your term on the Planning and Zoning Board will expire on September 15, 2014. Please check
the box that indicates your desire to serve or not continue to serve on the Board for a 3 -year term and
return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed
envelope.
If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the
City Council Meeting Agenda scheduled for August 19, 2014 (your presence at which is not required).
H I DO wish to be considered for reappointment.
❑ I DO NOT wish o be considered for reappointment.
C"
(Signature)
CRAIG KITTLESON, Board Member
Sincerely,
Angela M. Apperson, MMC
Administrative Services Director/City Clerk
Encl: SASE
105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 Fax: (321) 868-1248
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
Harry Pearson
8703 Camelia Court
Cape Canaveral, FL 32920
Dear Mr. Pearson:
City of Cape Canaveral
Your term on the Planning and Zoning Board will expire on September 15, 2014. Please check
the box that indicates your desire to serve or not continue to serve on the Board for a 3 -year term and
return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed
envelope.
If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the
City Council Meeting Agenda scheduled for August 19, 2014 (your presence at which is not required).
2 I DO wish to be considered for reappointment.
11 I DO NOT wish to be considered for reappointment.
c,
(Signature)
HARRY PEAR N, Board Member
Sincerely,
war& z # j 1=4
Angela M. Apperson, MMC
Administrative Services Director/City Clerk
Encl: SASE
105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 Fax: (321) 868-1248
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
RESOLUTION 2014-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING
MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY
OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Section 110-3 established a Board known as the Planning and Zoning Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint Members to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment to Planning and Zoning Board pursuant to Section 2-171(e) of
the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints
the following individuals to the Cape Canaveral Board indicated below:
Craig Kittleson and Harry Pearson shall be reappointed to the Planning and Zoning
Board, to serve until September 15, 2017.
Following completion of their initial terms, the appointees shall be eligible for reappointment to the
Planning and Zoning Board for an additional term consistent with the limitations set forth in section
2-171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
(Adoption page follows)
City of Cape Canaveral
Resolution No. 2014-23
Page 1 of 2
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 19th day of August, 2014.
Rocky Randels, Mayor
ATTEST: Name FOR AGAINST
John Bond
Angela Apperson, City Clerk Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014-23
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 08/19/2014
Item No. 16
Subject: Adopt the revised Interlocal Agreement for Public School Facility Planning
and School Concurrency.
Department: Community and Economic Development
Summary:
This is a request for approval to update the Interlocal Agreement (ILA) between the City
and the Brevard County School Board. The ILA pertains to school facility planning and
school concurrency matters.
In 2008, all local governments in Brevard County (excluding those communities that met
the exemption requirements for school concurrency) and the Brevard County School
Board, entered into the ILA to implement school concurrency. School concurrency is
the process by which local government ensures that development is approved
concurrent with the availability of school facilities. Specifically, the City Council
approved the original ILA on January 15, 2008. The Council then approved a revised
Agreement on September 2, 2008 that addressed changes recommended by the
Florida Department of Community Affairs.
The ILA established a Capital Outlay Committee (which is made up of representatives
from Brevard County cities) that reviews the School District Facilities Five -Year Work
Plan, proposals for new schools, potential closure of existing schools, opportunities for
co -location of schools with other public facilities, the coordination of school planning and
land use, and the overall school concurrency process.
Over the past six years, since the ILA was originally approved, various issues arose as
the ILA was implemented. The COC has met for the past two years to discuss changes
to enhance and improve the ILA.
Specifically, the revised ILA addresses the following issues:
1. De minimus Impacts — Comprehensive Plan Amendments and rezoning requests
that result in less than fifty (50) units will no longer require a School Capacity
Determination review by the School District.
2. Student generation multipliers — The multiplier will be based upon a thirteen (13)
year review of new construction. The School Board will then update the
multiplier every five (5) years based upon a ten (10) year review of new
construction activity.
3. The role of the COC - per dispute resolution mediation, language has been
added that clarifies the COC responsibilities relative to school closures and
proposed school boundary changes.
4. Definitions — definitions have been revised and/or added to enhance the
functionality of the ILA.
5. Meetings and Coordination — updates language regarding surplus municipal
property, comprehensive plan amendments and various information sharing.
City Council Meeting Date: 08/19/2014
Item No.
Page 2 of 2
6. Procedural matters — various procedural matters have been clarified regarding
coordination and development issues. In addition, the proposed revisions refine
the language and context to reflect current conditions.
The Capital Outlay Committee unanimously recommended approval of the proposed
revisions at its May 19, 2014 meeting. As of July 22, 2014, the School Board,
Rockledge, Melbourne, Melbourne Beach and Satellite Beach have completed the
agreement process. Additionally, West Melbourne, Titusville, and we have scheduled
the item to be heard by their governing boards in August and September.
Submitting Department Director: David Dicke r-�)14111111-1 Date: 07/28/14
Attachments:
#1 — Revised Interlocal (shown in strukethFGugh and underline).
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Finance Director: John DeLeo Date: 07/30/14
The City Manager recommends that City Counch take the following action(s):
Adopt the revised Interlocal Agreement for Public School Facility Planning and School
Concurrency.
Approved by City Manager: David L. Greene �''�' Date: 7h lily
City Council Action: [ ] Approved as Recommended [ ] Disapprove
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Brevard County, Florida
Entered into by:
Brevard County Board of County Commissioners,
School Board of Brevard County, and
the Cities or Towns of Cape Canaveral, Cocoa, Cocoa Beach, Grant-Valkaria,
Indialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne Beach, Palm
Bay, Palm ShGFe , Rockledge, Satellite Beach, Titusville, and West Melbourne
JUNE 2AA8
2014
TABLE OF CONTENTS
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
SECTION 1. DEFINITIONS .......................................................3
INTRODUCTION............................................................................................................................1
SECTION 1. DEFINITIONS.......................................................................................................3
SECTION 2. JOINT MEETINGS................................................................................................7
2.1 Annual Meetings of Elected Officials
6..7
2.32 Capital Outlay Committee (COC)
6..7
SECTION 3. STUDENT ENROLLMENT AND POPULATION PROJECTIONS
7_..8
3.1 Population and Student Enrollment Projections Distributed Annually
7..8
3.2 Student Projections
7-..8
SECTION 4. COORDINATING AND SHARING OF INFORMATION
T..8
_4.1 Tentative District Educational Facilities Work Plan
7-..8
4.2 Educational Plant Survey
7..9
SECTION 5. SCHOOL SITESLECT'..ON, RENOVATIONS,CLOSURE :11
SELECTION, RENOVATIONS, AND SCHOOL CLOSURES.........................................................9
N
5.1 New School Sites.........................................................................................................6
5.2 School Site Plan Review
610
5.3 Major Renovations and Closures
910
SECTION 6. SUPPORTING INFRASTRUCTURE...................................................................10
6.1 Joint Consideration of On -Site and Off -Site Improvements
910
SECTION 7. LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS...............11
Brevard County SGh9e' Rann+nglnterlocal Agreement — rneadedFor Public School Facility Planning and School
Concurrency June 20082014
Page ii
7.1 Appointed LPA Members
811
7.2 County and City Development Applications Shared with the School Board
911
7.3 Criteria for Evaluating Residential Development Applications
x-911
7.4 Formulating City and County Plans and Programs
x-012
SECTION 8. CO -LOCATION AND SHARED USE..................................................................12
8.1 Co -Location and Shared Use
x-912
8.2 Mutual Use Agreement
412
SECTION 9. SPECIFIC RESPONSIBILITIES OF THE PARTIES...........................................12
9.1 Specific Responsibilities of the County and Cities
412
9.2 Specific Responsibilities of the School Board
4-213
SECTION 10. SCHOOL DISTRICT CAPITAL IMPROVEMENT PLAN.....................................15
10.1 School District's Five _Year GapitalDistrict Facilities Work Program
4-315
10.2 Tentative Educational Facilities Plan
4-915
10.3 Transmittal
4-415
10.4 Adoption
4-415
10.5 Amendments to the School District's Five _Year SapitaOistrict Facilities Work Program 4-416
SESTIOA�vrrr1COMPREHENSIVE PLAN ELEMENTS....................................................19
SECTION 11. COMPREHENSIVE PLAN ELEMENTS..............................................................16
11.1 Required Comprehensive Plan Amendments
4-516
11.2 Development, Adoption and Amendment of the
Capital Improvements Element (CIE)
....................................................................................................................................4-5
16
11.3
PaGilitieG €PSP€`
114 Intergovernmental Coordination Element.....................................................................16
SECTION 12 SCHOOL COI ICURRIE LCV PROGRAM ..... 21
Brevard County Ssbeel Waawiag-Interlocal Agreement — AaaeadedFor Public School Facility Planning and School
Concurrency June 20062014
Page iii
SECTION 12 SCHOOL CONCURRENCY PROGRAM.............................................................17
12.1 Commencement of School Concurrency
4-617
12.2 Concurrency Service Area (CSA) Boundaries
12.3 Level of Service (LOS) ...................................
12.4 School Concurrency Regulations ...................
.................................17
.................................18
.................................18
SECTION 13. UNIFORM SCHOOL CONCURRENCY PROCESS............................................19
13.1 General Provisions .................................
13.2 School Concurrency Application Review
4-920
13.3 School Concurrency Approval
2422
13.4 Development Review Table
2223
13.5 Proportionate Share Mitigation
2223
13.6 Appeal Process
2425
................................................................19
SECTION 14. OVERSIGHT.......................................................................................................26
14.1 Oversight
2526
SECTION 15. SPECIAL PROVISIONS.....................................................................................26
15.1 School District Requirements
2526
15.2 Land Use Authority
2526
e
SECTION 16. AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT.................27
16.1 Amendment of the Agreement
2627
16.2 Notice Requirements
2627
16.3 Repeal of the Agreement
2627
16.4 Termination of the Agreement
2627
16.5 Withdrawal
2627
--1A�7. RESOLUTION OF DISPUTES 33
16.6 Violations.....................................................................................................................27
SECTION 17. RESOLUTION OF DISPUTES............................................................................27
Brevard County Scheel Planning -Interlocal Agreement—AmepdedFor Public School Facility Planning and School
Concurrency June 29992014
Page iv
17.1 Dispute Resolution
X27
SECTION 18. EXECUTION IN COUNTERPARTS....................................................................27
18.1 Agreement Execution
X27
SECTION 19. SUPERSESSION OF PREVIOUS AGREEMENTS.............................................27
19.1 Supersession...............................................................................................................27
SignaturePages......................................................................................................................28-43
Appendix "A" - School District Student Generation Multiplier ................. ................................... 44-45
Brevard County SGhOGI PlaRRiag-Interlocal Agreement ApRendedFor Public School Facility Planning and School
Concurrency June 20OR2014
Page v
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Brevard County, Florida
THIS AGREEMENT is entered into with the Brevard County Board of County Commissioners
(hereinafter referred to as the "County"), the Commission or Council of the Cities or Towns of
Cape Canaveral, Cocoa, Cocoa Beach, Grant-Valkaria, Indialantic, Indian Harbour Beach,
Malabar, Melbourne, Melbourne Beach, Palm Bay, Palm SheF , Rockledge, Satellite Beach,
Titusville and West Melbourne (hereinafter referred to as the "Cities"), and the School Board of
Brevard County (hereinafter referred to as the "School Board"), collectively referred to as the
"Parties".
WHEREAS, the County, Cities and the School Board recognize their mutual obligation and
responsibility for the education, nurturing and general well-being of the children within their
community; and
WHEREAS, the County, Cities and the School Board are
aa haFizedreguired to enter into this
Agreement pursuant to Section 163.01, Section 163.3177(3)(h)231777(l)1and Section 1013.33,
Florida Statutes (F. S.); and
WHEREAS, the Towns of Melbourne Village and Grant Valkaria GUrrently qualify for exemption
SSEK409R 163.3177(12)(b), ;Palm Shores are exempt; and
WHEREAS, the County, Cities, and School Board recognize the benefits that will flow to the
citizens and students of their communities by more closely coordinating their comprehensive
land use and school facilities planning programs: namely (1) better coordination of new schools
in time and place with land development, (2) greater efficiency for the school board and local
governments by placing schools to take advantage of existing and planned roads, water, sewer,
and parks, (3) improved student access and safety by coordinating the construction of new and
expanded schools with the road and sidewalk construction programs of the local governments,
(4) better defined urban form by locating and designing schools to serve as community focal
points, (5) greater efficiency and convenience by co -locating schools with parks, ball fields,
libraries, and other community facilities to take advantage of joint use opportunities, and (6)
reduction of pressures contributing to urban sprawl and support of existing neighborhoods by
appropriately locating new schools and expanding and renovating existing schools; and
WHEREAS, the County, Cities and School Board have determined that it is necessary and
appropriate for the entities to cooperate with each other to provide adequate public school
facilities in a timely manner and at appropriate locations, to eliminate any deficit of permanent
student stations, and to provide sapasityFISH Capacity for projected new growth; and
WHEREAS, Section 1013.33, F.S., requires that the location of public educational facilities must
be consistent with the comprehensive plan and implementing land development regulations of
the appropriate local governing body; and
WHEREAS, Sections 163.3177(6)(h) I and 2, F.S., require each local government to adopt an
intergovernmental coordination element as part of their comprehensive plan that states
principles and guidelines to be used in the accomplishment of coordination of the adopted
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 1
_comprehensive plan with the plans of the school boards, and describes the processes for
collaborative planning and decision making on population projections and public school siting;
and
WHEREAS, Sections 163.3177(7)6)(h) 2 and 1013.33, F.S., require the County, Cities and
School Board to establish jointly the specific ways in which the plans and processes of the
School Board and the local governments are to be coordinated; and
WHEREAS, ,Section 163.3180( F.S., MqUiF
the County, Cities and School Board to
establish school concurrency and
WHEREAS, The Agreement acknowledges both the school board's constitutional and statutory
obligations to provide a uniform system of free public schools on a countywide basis, and the
land use authority of local governments, including their authority to approve or deny
comprehensive plan amendments and development orders; and
WHEREAS, the County and Cities are entering into this Agreement in reliance on the School
Board's obligation to prepare, adopt and implement a finaasially—feasible Gapita' faGilitie6
PF9gFaFaFinancially Feasible Plan to achieve public schools operating at the adopted level of
service consistent with the timing specified in the SGIRG91 lDi6tFiGVG GapitalFive Year District
Facilities PURWork Program, and the School Board's further commitment to update the plan
annually to add enough sa�asi#YFISH Capacity to the Plan in each succeeding fifth year to
address projected growth in order to maintain the adopted level of service and to demonstrate
that the utilization of ssbeel-sapasityFISH Capacity is maximized to the greatest extent possible
pursuant to Section 163.3180 (43)(saf)2.a, F.S and 163.3180(6)(i)3. F.S.;
WHEREAS, Section 163.31777(2)(c), F.S., requires that the public schools interlocal agreement
shall address participation by affected local governments with the School Board, in
the process of evaluating potential school closures, significant renovations to existing schools,
and new school site selection before land acquisition. In addition, local governments shall
advise the School Board as to the consistency of the proposed closure, renovation, or new site
with the local comprehensive plan, including appropriate circumstances and criteria under which
a School Board may request an amendment to the comprehensive plan for school siting.
WHEREAS, Section 1001.42,(4) F.S., establishes the powers and duties of the school board to
adopt and provide for the execution of plans for the establishment, organization, and operation
of the schools of the district to include, but not limited to, the establishment of schools, the
elimination of school centers, and the consolidation of schools.
WHEREAS, the School Board, entered into this Agreement in reliance on the County and Cities'
adopting amendments to their local comprehensive plans to
it eseimplement School Concurrency as provided in , Florida Statutes,
and
WHEREAS, Section 1002.33(1), F.S., states that charter schools shall be part of the state's
program of public education and that all charter schools are public schools. A charter school
may be formed by creating a new school or converting an existing public school to charter
status.
NOW THEREFORE, be it mutually agreed among the School Board, the County and the Cities
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 2
(hereinafter referred to collectively as the "Parties") that the following definitions and procedures
will be followed in coordinating land use, public school facilities planning, and school
concurrency.
SECTION 1. DEFINITIONS
Adjacent Concurrency Service Area: A Concurrency Service Area which is contiguous to the
boundary of another Concurrency Service Area along one side to the extent practicable, taking
into account water bodies, limited access interstate corridors, and similar geographic limits.
Concurrency Service Areas based on spot zoning that do not include a school within shall not
be utilized in concurrency reviews for adjacency purposes.
Adopted Level of Service: Public school concurrency standard established at one -hundred
percent (100%) of FISH Capacity (utilization) to be the maximum level of service of a school
owned and operated by the Brevard County School Board.
Attendance Zone: The geographic area which identifies the public school assignment for
students.
Capacity Elements:
Permanent Student Stations: The number of student stations in permanent structures
(buildings) identified as being satisfactory in the FDOE FISH Inventory.
Relocatable Student Stations: The number of student stations in relocatable structures
identified as being satisfactory in the FDOE FISH Inventory.
• • . i . • [To • I M-T=w 1; 1611; MEM - -
) Capacity: The Florida Inventory of School Houses (FISH) is the database used by the
Florida Department of Education for all spaces in Florida public education facilities. FISH
Capacity is calculated on the Department of Education's measure of satisfactory student
stations in both permanent and relocatable structures multiplied by a utilization factor.
Brevard County School Board's utilization factors are 100% for elementary, 90% for middle,
90% for junior/senior high schools, and 95% for high schools. The utilization factors may be
amended by the Florida Department of Education. By definition the FISH Capacity is a
Factored Capacity and the terms may be used interchangeably in this Agreement and in
supporting documentation.
Factored Capacity: By definition the Factored Capacity is the FISH Capacity and the terms
may be used interchangeably in this Agreement and in supporting documentation.
Capacitv Determination Letter (CDL): A letter prepared by the School Board resultinq from a
School Impact Analysis (SIA) identifying if existing FISH Capacity is available to serve a
residential proiect. This letter is the School Board response to a School Capacity Determination
application and establishes availability at that present time only and neither vests nor reserves
FISH Capacity for the developer and is non-binding in nature.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 3
Capital Outlay Full -Time Equivalent (COFTE): The basis for student allocation for the Florida
Education Finance Program for kindergarten through grade 12, e6tabli6hed in facilities operated
by the School Board, provided annually by the Florida Department of Education.
Cities: All municipalities in Brevard County, except any of those that are exempt from the
requirements of school concurrency, pursuant to Section 163.3131777(3), F.S.
Charter School: Public schools of choice which operate under a performance contract, or a
"charter," in accordance with Section 1002.33, F.S.
Class Size Reduction: Florida Constitutional amendment creating class size limits for teacher
to pupil ratios for core educational instruction. BegiRlRiRg 2010 sshGE)l Yea;, a-sa#MGMent
:, as implemented by the Florida legislature.
mss;
Comprehensive Plan: A plan that meets the requirements of SestiensSection
163.,3177163.3177 and 163.3178 F.S.F.S.
Concurrency Service Area (CSA): A geographic unit adopted by the School Board and local
governments within which the level -=of --service standard is measured when aR appliGatieila
School Impact Analysis (SIA) is undertaken by the School Board for a residential development
is-rev+ewed-fn . Within Brevard County the CSA's are coincident with the school seeseFFeacy
pwFpese6-. boundaries at each school level (elementary, middle, high school).
Concurrency Evaluation and Finding of Nondeficiency (CEFoN) or equivalent: Once the
School Board has issued a School Capacity Determination Letter (SCADL) confirming the
existence of FISH Capacity, the local government may issue a CEFoN, or equivalent, and the
FISH Capacity for the development is reserved or vested for that development for the life of the
CEFoN.
Consistency: Compatible with and furthering the goals, objectives and policies of the
Comprehensive Plan Elements and this Agreement.
De Minimis Impact: The impact from a development proposal upon the School Board in
regards to additional students is minimal in nature per the criteria set in Section 13.1 of this
Agreement and allows the proposed residential development to be exempt from one or both
elements of the School Impact Analysis.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 4
Developer: Any person, or governmental agency; undertaking any residential
construction.
Development Order: Any order granting, or granting with conditions, an application for a
development permit.
Development Permit: Any building permit, zoning permit, subdivision approval, rezoning,
certification, special exception, variance, or any other official action of local government having
the effect of permitting the development of land.
Educational Facility: The buildings, equipment, structures, property and special educational
use areas that are built, installed or established to serve educational purposes.
Educational Facilities Impact Fee: A fee designated to assist in the funding for acquisition and
development of school facilities, owned and operated by the 6Gheel di6triGtSchool Board,
needed to serve new growth and development.
Educational Plant Survey: A systematic study of present educational and ancillary plants and
the determination of future needs to provide an appropriate educational program and services
for each student based on projected capital outlay FTE's approved by the Department of
Education. The Educational Plant Survey remains valid for five full years and is amended by
Sbot Survevs aenerated by the School Board and approved by FDOE during that period.
Enclave: A school attendance boundary area that is not contiguous with the boundary area
that contains the school. These areas are also known as "spot zones" and the boundaries of
enclaves are not considered when determining CSA's for concurrency evaluation.
Exempt Local Government: A municipality which is not required to participate in school
ORGUFFeRGY wheR Fn8etiRg all the the public schools interlocal agreement requirements--fof
per Section 163."''"'�b),31777 3 F.S.
Final Development Request: A Final Development Request is the last procedure in the local
government planning process that is required before a development proposal with a residential
component applies for building permits. Final Development Requests may include Final Plat
Applications, Site Plan Applications, Conditional Use Applications, Engineering Review
Applications as well as other development requests that are functionally equivalent.
Financial Feasibility: An assurance that sufficient revenues are currently available or will be
available from committed funding sources for the first 3 years, or will be available from
committed or planned funding sources for years 4 and 5, of a 5 -year capital improvement
schedule for financing capital improvements; -a.&. The funding sources include, but are not
limited to, ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and
developer contributions, hleh. Financial Feasibility is achieved when these sources are
adequate to fund the projected costs of the capital improvements identified in the
Five Year District Facilities Work Program necessary to ensure that
adopted level -of -service standards are achieved and maintained within the period covered by
the 5 -year schedule of capital improvements. The requirement that level -of -service standards be
achieved and maintained shall not apply if the proportionate -share process set forth in s -Section
163.3180(12) and (16;6 F.S. is used _
Financially Feasible Plan: A plan issued annually by the School Board showing projected
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 5
student enrollment, which includes development input by the local governments, sufficient FISH
Capacity to maintain the adopted level-of-service for each of the five years, attendance
boundary changes and school closures. The most recently published Financially Feasible Plan
shall be utilized by the School Board in performing the School Impact Analysis (SIA) for
concurrency.
Five--Year Capit4District Facilities Work Program: The School Board's annually adopted
five--year list of capital improvements
as authorized by Section 1013.35, F.S. The Program provides for FISH Capacity to achieve
and maintain the adopted level Of sePVise.
inveRteFy of graheal We The GUrrent edition, published by the FleFida
DepaFtment f service and
includes long-range planning for facilities 0WReEI ^ red , R ter a IeRg term inn er mere
yearG) lease agreemeRt by leGal SGheel beaFds /hereinafter referrer) to as "FISHY Deeds over 10-
year and 20-year periods.
Full-Time Equivalent (FTE) Student Count: Falloerneste4=—The fall semester count of all
"full-time equivalent" students, pursuant to ChaptefSection 1011.62, F.S.
Level of Service (LOS): A standard or condition established to measure FISH Capacity
utilization within a Concurrency Service Area(CSA) boundary.
Local Governments: Brevard County and its Cities.
a6, GGFe
.-ln ' tier d Glass ren,',irements to nr^vont riir ria rate
efdeFed�seg;ti�,�,afa��-���redttstie,T-T�,T�„�,-.��,��. �,��F, a
enrollment levels to the nreateot extent n oible
FIDGE CICU in„entery.
Local Planning Agency: Any agency established by a governing body under the provisions of
Chapter 163 Florida Statutes that first review rezoning and comprehensive plan amendments.
Permanent Classroom: An area within a school that provides instructional space for students
assigned to a teacher which the sGheel-beaFdSchool Board considers not temporary and the
structure cannot be relocated.
PFOgFam Ga it A-, BOE F8gulated space -within a-srheel-used to meet the
Preliminary Development Request: A Preliminary Development Request is the initial
application for land use, zoning, and/or development code compliance that begins the local
government planning process for any development proposal with a residential component.
Preliminary Development Requests may include Rezoning Applications, Comprehensive Plan
Amendments transmittal of Large Scale Comprehensive Plan Amendments to the State of
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 6
Florida, Preliminary Plat Applications, Site Plan requests, PUD applications, DRI applications,
as well as other development requests that are functionally equivalent.
Proportionate Share Mitigation: A developer improvement or contribution identified in a
binding and enforceable agreement between the Developer, the School Board and the local
government with jurisdiction over the approval of the development order to provide
compensation for the additional demand on public school facilities created through the
residential development of the property, as set forth in Section 163.3180(43)(e6), F.S.
Proposed New Residential Development: Any application for new residential development or
any amendment to a previously approved residential development, which results in an increase
in the total number of housing units.
Public Facilities: Civic capital assets including, but not limited to, transit, sanitary sewer, solid
waste, potable water, schools, parks, libraries and community buildings.
Reserved Capacity: FISH Capacity held in reserve (vested) by the School Board for a specific
residential development when the local government has issued a CEFoN or equivalent. The
reserved capacity is held by the School Board as long as the local government's CEFoN or
equivalent has not expired.
Relocatable Classroom: A movable classroom facility containing non -permanent satisfactory
student stations in FISH, purchased after 1998 and meeting the standards for long-term use
pursuant to 1013.20, F.S.
Residential Development: Any development that is comprised of dwelling units, in whole or in
part, for permanent human habitation.
School Board: The governing body established Article IX, Section 4, of the Florida
Constitution, which shall operate, control and supervise all free public schools within the school
district and determine the rate of school district taxes within the limits prescribed.
fa+ + ed neFMa Rent Satiofnnteni student otatienc in the FDOE FISH inyente Fy
School Capacity Availability Determination Letter: (SCADLI: A letter prepared by the
School Board resulting from an SIA identifying if ssheelapaci* ISH
Capacity is available to serve a residential project;. This letter is the School Board response to
a Concurrency Determination application and if sapasityFISH Capacity exists, whethefand the
local government issues a CEFoN or equivalent, the proposed develepment
appfeveddevelopment's FISH Capacity is reserved or vested.
-Dormtrup-t's Five Year Capital Plan ;-;Ad-- Gapotal B61dg,-Q t A- #-; a ythp-rized by SeGtian 1013.35,
School Impact Analysis (SIA): A formal description of a residential project subject to school
concurrency review previdedsubmitted by thea developer through a School Facility Planning
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 7
and Concurrency Application for School DistristBoard review in accordance with Section 13.4-2
of this Agreement.
School of Choice: A school that a student may attend in lieu of their zoned school. Schools
of Choice do not have a geographic attendance boundary or a Concurrency Service Area (CSA)
and are therefore not considered in concurrency determinations.
School Facility Planning and Concurrency Application: An application for a School Impact
Analysis (SIA) to be undertaken by the School Board submitted by a developer for either a
School Capacity Determination (non-binding) or a Concurrency Determination commitment
(binding) which reserves or vests space for students generated by a specific development.
Spot Zone: A school attendance boundary area considered part of, but geographically
detached from, the boundary area that includes the school facility. The boundaries of Spot
Zones are not considered when establishing CSA's for concurrency evaluation.
Teer-ed Level of SeWiGe—A-ieyei of E;eFviGGe which is gFaduated eYeF Wne, used to aGhieve-an
-07
the PeFoda Statutes.
Student Generation Multiplier (SGM): The Student Generation Multiplier is the ratio of
students per residential unit based on the Type of School and the type of residential unit as
described in Appendix "A".
Type of School: An educational facility providing the samea specific level of education, i.e.
elementary, middle, junior/senior, or high school or special purpose school such as magnet
school.
Utilization: The se . iser�ratio of the total number of students enrolled teat a school at the
tetal numbertime of the fall FTE student 6tatie+w-4c unt divided by the FISH
Capacity at that school. The FISH Capacity shall be derived from the School Board's most
recently published Financially Feasible Plan
SECTION 2. JOINT MEETINGS
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 8
2.' AnrAFa' 2.1 Meetings of Elected Officials. One or more elected representatives of
the County, each City and the School Board
PaGir+;os Rizegi:am swbrn,GG,,,R W DG E may meet, if requested by any of the parties to this
Agreement, in a joint workshop session. A representative of the Regional Planning Council will
also be invited to attend. The joint workshop sessions will -provide the opportunity for the
County, the Cities, and the School Board to discuss the School Board's Five Year District
Facilities Work Program, hear reports, discuss policy, set direction, and reach understandings
concerning issues of mutual concern regarding coordination of land use and school facilities
planning, including population and student growth, development trends, school needs, off-site
improvements, and joint use opportunities. The Parties willcan discuss opportunities to co -locate
schools with other public facilities such as parks, libraries, and community centers to the extent
possible. A designee of the School Board shall be responsible for coordinating and convening
the meeting upon such request.
2.32 Capital Outlay Committee (COC). The Parties hereby establish a Capital Outlay
Committee (COC) for the purpose of reviewing potential sites for new schools, proposals for
significant renovation, potential closure of existing schools and opportunities to co -locate
schools with other public facilities such as parks, libraries, and community centers to the extent
possible. -In addition. the Committee will discuss issues and formulate recommendations
regarding coordination of land use and school facilities planning, including such issues as
population and student protections, development trends, school needs, joint use opportunities,
and ancillary infrastructure improvements needed to support the school and ensure safe student
access. Based on information gathered during the review, the COC will submit
recommendations to the Superintendent or designee. Additionally, the COC will be a standing
committee to review the School DiGtFiGt'613oard's annual Five --Year OapitalDistrict Facilities
Work Program in accordance with Section 4.1 and 10 of this Agreement, and serve as the
required oversight committee for school concurrency as detailed in Section 14 of this
Agreement.
PaFtiGipatiRg .
In addition to a representative of the School Board, the Committee will include a staff member
from the County and a representative from each of the participating Cities. A quorum shall be
established when representatives of the School Board and fifty -percent of the non-exempt
County and Cities are present. The committee shall appoint a chairperson, meet semi-annually
in accordance with the laws of Florida governing public meetings, and report to participating
local governments the School Board and the general public on the effectiveness with which this
Agreement is being implemented A designee of the School Board shall be responsible for
coordinating and convening the semi-annual meetings.
SECTION 3. STUDENT ENROLLMENT AND POPULATION PROJECTIONS
3.1 Population And Student Enrollment Projections Distributed Annually. In fulfillment
of their respective planning duties, the County, Cities, and School Board agree to coordinate
and base their plans upon consistent projections of the amount, type, and distribution of
population growth and student enrollment. At the first staff weFking g yup n;eetipq he County
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 9
and Cities will provide the School Board with a listing of their potentially useful surplus
Properties by August 15. At this time, a potentially useful property is a minimum of 10 acres for
Elementary Schools, 20 acres for Middle Schools, and 40 acres for High Schools. The
standards for potentially useful properties may be changed by the School
Board at subseGtiGR '.',any time and the COC will be notified. The County and Cities shall
provide updated five -_year FAua+6ipal—population projections from the Local Government
Comprehensive Plans or other Local Government adopted documents and development data by
October 15 as required by Section 9.1 of this Agreement and the School Board will supply the
annually updated Financially Feasible Plan by December 31st as
described in Section 9.2 of this Agreement.
3.2 Student Projections. The School Board shall use student population projections based
on information produced by demographic data, where available, as modified by the School
Board based on development data and agreement with the Cities and the County.
SECTION 4. COORDINATING AND SHARING OF INFORMATION
4.1 TentativeFive Year District Facilities Work XanProgram. By
AtgustSeptember 1s' of each year, the School Board shall submit to the County, each City and
the Capital Outlay Committee (COC) the TAeFive Year District FiduGatieRal Facilities
P4aAWork Program prior to adoption by the Board. The School Board will make available the
preliminary Five Year District Facilities Work Program if available.
(a) The plan will be consistent with the requirements of Section 1013.35, F.S., and include
projected student populations based on Florida Department of Education (09€FDOE)
Capital Outlay Full -Time Equivalent (COFTE) projections data,
, an inventory of
existing school facilities, projections of facility space needs, information on relocatables,
general locations of new schools for the 5, 10, 20 -year time periods, aPA-options to
reduce the need for additional permanent student stations, and -general locations of
potential school closures if available.
(b)
The Cities and County shall review the plan and provide
written comments to the School Board prior to September 4 -El 5th.
(c) If the local government does not support the plan, the matter shall be resolved pursuant
to Section 17 of this Agreement.
4.2 Educational Plant Survey. Educational Plant Survey updates are undertaken by the
School Board at least every five years. Three months prior to preparation of the Educational
Plant Survey update, the staff WGFkiRg gF9 Capital Outlay Committee established in subsection
2.4-2 will assist the School Board in an advisory capacity in the preparation of the update. The
Educational Plant Survey shall be consistent with the requirements of Section 1013.31, F.S.,
and include at least an inventory of existing educational facilities, recommendations for new and
existing facilities, and the general location of each in coordination with the land use plan. Upon
receipt of the Educational Plant Surveyupdate, the Capital Outlay
Committee will have fifteen (15) calendar days to evaluate and make recommendations
regarding the location and need for new schools, significant renovation or expansion, and
closures of educational facilities, and the consistency of such plans with the local government
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 10
comprehensive plan and relevant issues listed in ections 5.2, 5.3, 6.1, 7.4 and 8.1
of this Agreement.
SECTION 5. SCHOOL SITE SELECTION, RENOVATIONS, AND SCHOOL CLOSURES
5.1 New School Sites. When the need for a new school is identified in the annual Gapita4
farVilifies we* Five Year District Facilities Work Program local governments within the
CQC-subject area shall provide the School Board with a list of potentially useful (as defined in
Section 3.1) surplus property for evaluation. The School Board will submit to members of the
COC for review a list of potential sites under consideration in the area of need. The list of
potential sites for new schools will be submitted to the local government with jurisdiction for an
assessment regarding consistency with the local government comprehensive plan. The
coordination process shall be in accordance with Chapter 1013.33 F.S. as follows:
(a)-La)_To improve coordination relative to potential educational facility sites, the wheel
beaf4School Board shall provide written notice to the local government that has
regulatory authority over the use at least 6090 days prior to acquiring property, or 45
days prior to leasing property, that may be used for a new public educational facility.
04) -The local geYGFRMeRt, Upell FeGeipt of this netmee governments shall
wwthon 46 da have 45 days after receiving the School Board's written notice to provide
a determination if the site-prepesed fer lease or acquisition Ar lease is consistent with
the2o inq, land use categories and the policies of the Comprehensive Plan. The review
period would allow for public comment from the people affected and local '
h I Thio elim etise rlees net senstitute the Iesal rue nt's
6eti-rp�=erTcnrvNdv�Tcnrrn .. p.�.�...........� j .......,.� .......... ..... ................, ....., ......... �.,.........�-.....
ko As-ems;L may put forward alternative sites which could save the de6ign
phase as feasible and 6tont With thus Agree ant enterer! but nn later than 180
School
Board additional funding.
If the
determination is affirmative, school construction may commence and further local
government approvals are not required, except as provided in this sestieaSection 5.2.
W c) -Failure of the local governing body to make a determination in writing within 90
days after a ssheel-beaFdlsSchool Board's request for a determination of consistency
shall be considered an approval of the School Board's application.
Campus master plans and development agreements must comply with the provisions of
9esti9RsSection 1013.30 and 1043.63 F.S.
44Lq If a determination is made that a proposed school site is not consistent with the
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 11
comprehensive plan, the local government shall identify whether it will support
necessary amendments to the comprehensive plan required to make the school site
consistent. Based on the information gathered during this review for new schools, the
COC will make a recommendation to the Superintendent or designee if one or more
sites have been identified, in the order of preference.
( (e) If the local government does not support the proposed School Di�,stFOGVsBoard's
choice for a school site, the matter shall be resolved pursuant to Section 17 of this
Agreement.
5.2 School Site Plan Review. Once a school site has been selected and site design has
begun, the School Board shall provide the local government the opportunity to review and
comment on the proposed site plan as early in the design phase of the new public educational
facilities as feasible.
(a4 A local governing body may not deny the site applicant based on adequacy of the site
plan as it relates solely to the needs of the school. If the site is consistent with the
comprehensive plan's land use policies and categories in which public schools are identified as
allowable uses, the local government may not deny the application but it may impose
reasonable development standards and conditions in accordance with s.1013.51(1) and
consider the site plan and its adequacy as it relates to environmental concerns, health, safety
and welfare, and effects on adjacent property. Standards and conditions may not be imposed
which conflict with those established in Chapter 1013 F.S. or the Florida Building Code, unless
mutually agreed to as a part of this Agreement.
5.3 Major Renovations and Closures. When the need for a major renovation that changes
the primary use of a facility, including stadiums, OF Fesultsresulting in a greater than 310 percent
increase or decrease in student2ermanent capacity, or requires an expansion of the slesUFe 9
aR edUGateenal faGility has been identified byexisting site the(COC) will
review the proposed change to determine the impact the renovationGF GIGSUFe will have on the
adopted level of service for schools and provide a recommendation to the school board
regarding the proposed change. The School Board shall provide the local government having
jurisdiction the opportunity to review and comment on a proposed major renovation at least 60
days prior to School Board approval of any school status change and as early in the design
phase as feasible, and teFMS. Terms as described in ParagraphSection 5.2(a) aheveof this
Agreement shall apply to the review by the local government.
When the need for potential closures of existing schools is identified in the Five Year District
Facilities Work Program, or by the School Board subsequent to the annual approval of the Five
Year District Facilities Work Program, the School Board will convene a meeting of the COC for
the purpose of reviewing potential school closures a minimum of 30 days prior to the meeting at
which an Action Item to consider school closures is heard by the School Board. Such closure
analysis shall be based on objective criteria adopted by the School Board. Based on
information gathered during the review, the COC will submit consensus recommendations to the
Superintendent or designee a minimum of 10 days prior to the meeting at which the Action Item
is heard by the School Board. A representative of the COC shall have the opportunity to
present the recommendations at the meeting at which the Action Item is heard by the School
Board.
SECTION 6. SUPPORTING INFRASTRUCTURE
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 12
6.1 Joint Consideration of On -Site and Off -Site Improvements. In conjunction with the
land use consistency determination described in subsection 5.1 of this Agreement, the School
Board and affected local government will jointly determine the need for and timing of on-site and
off-site improvements necessary to support each new school or the proposed major renovation
of an existing school. The School Board and the affected local government will enter into a
written agreement identifying the timing, location, and the party or parties responsible for
financing constructing, operating and maintaining the required improvements.
SECTION 7. LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS
7.1 Appointed LPA Members. The County and Cities will include a nonvoting
representative appointed by the School Board on the local planning agencies, or equivalent
agencies, to attend those meetings at which the agendas consider comprehensive plan
amendments and rezonings that would, if approved, increase residential density on the property
that is the subject of the application. The Cities and County may at their discretion grant voting
status to the appointed School Board member.
7.2 County and City Development Applications Shared with the School Board. The
County and the Cities shall give the School Board Superintendent notification of land use
applications and development proposals pending before them that may affect student
enrollment, enrollment projections, or school facilities in accordance with Section 13 of this
Agreement. Such notice will be provided GGRGUFF8Rtly With FeGeipt ef the appliG in a timely
manner prior to development order or development permit approval. This notice requirement
applies to amendments to the comprehensive plan future land use map, rezonings,
developments of regional impact, and/or major residential or mixed-use development projects.
7.3 Criteria for Evaluating Residential Development Applications. In addition to the
regulatory review process for school concurrency described in Section 13 of this Agreement,
reviewing and approving Comprehensive Plan amendments, rezonings, for residential
development proposals, the County and Cities will also consider the following issues, as
applicable:
(a) The consideration of School Board comments on residential development proposals;
(b) The provision of school sites and facilities within neighborhoods;
(c) The compatibility of land uses adjacent to existing schools and reserved school sites;
(d) The co -location of parks, recreation and neighborhood facilities with school sites;
(e) The linkage of schools, parks, libraries and other public facilities with bikeways, trails,
and sidewalks for safe access;
(f) The existing traffic circulation pattern serving schools and their surrounding
neighborhood;
(g) The provision of off-site signalization, signage, access improvements, and sidewalks to
serve schools;
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 13
(h) The location / inclusion of school bus stops and turnarounds, and
(i) The impact of development proposals on the public school facilities capital plan.
7.4 Formulating City and County Plans and Programs. In formulating community
development plans and programs, the County and Cities will consider the following issues:
(a) Scheduling of capital improvements that are coordinated with and meet the capital
needs identified in the School ^e sBoard's Five—Year GapitalDistrict Facilities Work
Program;
(b) Providing incentives to the private sector to identify and implement creative solutions to
developing adequate school facilities in residential developments;
(c) Targeting community development improvements in older and distressed neighborhoods
near schools; and
(d) Working to address and resolve multi jurisdictional public school issues.
SECTION 8. CO -LOCATION AND SHARED USE
8.1 Co -location and Shared Use. The co -location and shared use of facilities are
important to both the School Board and local governments. The School Board will look for
opportunities to co -locate and share use of educational facilities and public facilities when
preparing the ^i 'sFive =Year GapitafDistrict Facilities Work Program. Likewise, co -location
and shared use opportunities will be considered by the local governments when preparing the
annual update to the comprehensive plan's schedule of capital improvements and when
planning and designing new, or renovating existing, community facilities. Opportunities for co -
location and shared use with public schools will be considered for the following:
(a) Libraries;
(b) Parks and recreation facilities;
(c) Community centers;
(d) Auditoriums;
(e) Learning centers;
(f) Museums;
(g) Performing arts centers, and
(h) Stadiums.
In addition to the above, co -location and shared use of school and governmental facilities for
health care and social services will be considered.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 14
8.2 Mutual Use Agreement. For each instance of co -location and shared use, the School
Board and local government shall enter into a separate agreement which addresses liability,
operating and maintenance costs, scheduling of use, and facility supervision or any other issues
that may arise from co -location and shared use.
SECTION 9. SPECIFIC RESPONSIBILITIES OF THE PARTIES
9.1 Specific Responsibilities of the County and Cities. �.Nhen the GempreheRsive Plan
theThe County and Cities shall undertake the following activities:
(a) AdWMaintain the Pegged school concurrency provisions intein their Land Development
Regulations (LDR) consistent with the time, ficame established by law, the requirements
of this Agreement, 2Rd the G06111ty and Cities' nmmpre+heR6ive plaRG Rloos e!eGt*Rg tG
(b) Withhold the approval of any reser s.te plaR- pFelirninary platPreliminary
Development Request, or functional equivalent for new residential units not exempted
under Section 13.1(Gd) of this Agreement, until the School DistrietBoard has
FepeFtedissued a CDL verifying that thereFISH Capacity is urrently
available to sere develepFRent— being —approved Gonsistent with the
FaquiFementsaccommodate a residential project.
M(c) Withhold the approval of any Final Development Request, or functional
equivalent for new residential units not exempted under Section 13.1(d) of this
Agreement..-, until the School Board has issued a SCADL verifying that FISH Capacity is
available and has been reserved to accommodate a residential project.
(-c-)(d) Share information with the School WistriAtBoard regarding population projections,
projections of development and redevelopment for the se . - area next 10 years,
infrastructure required to support public school facilities, and amendments to future land
Use ^'a^ eleMeRtsthe Comprehensive Plan consistent with the requirements of this
Agreement by October 15th of each year.
()(e) Maintain data for approved new residential development. The data shall be
provided to the School Distr+stBoard annually by October 15th, for the prior fiscal year
(October 1 to September 30). and include at a minimum, the following:
1. Development name and location
2. Total number of dwelling units by unit type (single-family, multi -family, etc.) and
any planned phasing information.
3. Impact fee calculation, from the jurisdiction collecting the fees.
4. Total number of dwelling units with certificates of occupancy (CO) by
development or by remaining vacant lots per development.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 15
5— A list of
all Preliminary and Final Development Requests determined to be exempt based
on de minimis impact.
6. A list of all expired projects and completed projects.
7. A list of any changes to the Comprehensive Plan in the Public School Facilities
Element (if applicable), Intergovernmental Coordination Element, Capital
Improvements Element, or any other element related to Public Schools.
(f) Transmit School Facility Planning and Concurrency Applications to the School Board to
undertake the School Impact Analysis (SIA) for all residential Preliminary and Final
Development Requests unless exempt under Section 13.1 (d) of this Agreement.
44
9.2 Specific Responsibilities of the School Board. By entering into this Agreement, the
School Board agrees to undertake the following activities:
(a) Annually prepare and update a fiRaRGially feasible Five -Year SapitalDistrict Facilities
Work Program and a Financially Feasible Plan containingeRGUgh adequate
FISH Capacity each year to meet the aRtiGipated dermal, for stude t stab,,.; identified
by thi -proiected COFTE aPA-in the Five Year District Facilities Work Program and the
proiected students, including the local government +eadevelopment projections,
in the Financially Feasible Plan so that no schools exceed the adopted level -Level -of
ewe Service. The School Board shall transmit to the County, the Cities and the COC
copies of the proposed Financially Feasible Plan by December 31St of each year.
(b) Institute program and/or school attendance boundary adjustments as necessary, based
upon adopted School Board Policy, to maximize the utilization of sapasityFISH Capacity
in order to ensure that all schools of each type (elementary, middle, junior/senior high,
and high) in each Concurrency Service Area and each individual school operate at or
below the adopted level -Level -of .efv;ve-Service, consistent with the requirements of
this Agreement.
(c) Construct the eapaeityFISH Capacity enhancing and medemizatieR projects necessary
to maintain the adopted level Levekof_s�-Service specified in
Five YeaF Capital FaE;ilities Werk Pre
this Agreement.
(d) Consider utilizing charter schools built in conformance with School DistFistBoard
standards to expand the sapasityFlSH Capacity of the public school system and mitigate
the educational impact created by the development of new residential dwelling units.
(e) Provide the County and Cities with the required data and analysis updated annually to
support the comprehensive plan elements and any amendments relating to school
concurrency.
(f) Adopt a ten- and twenty-year work program consistent with the requirements of this
Agreement.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 16
(g) RevievvReview and undertake School Impact Analysis for proposed new residential
developments for compliance with concurrency standards, consistent with the
requirements of this Agreement.
(h) Review proportionate share mitigation options for new residential development
consistent with the requirements of this Agreement.
(i) Prepare annual reports on enrollment and GapasityFlSH Capacity, consistent with the
requirements of this Agreement. Provide annual concurrency report with a list of
developments and the number of units.
Q) Provide necessary staff and material support for meetings of the COC as required by
this Agreement.
(k) Provide information to the County and Cities regarding enrollment projections, school
siting, and infrastructure necessary to support public school facilities and a.,,GRdr,e^+6
consistent with the requirements of this Agreement.
Provide notice to local governments the Fevie convene
a meeting of the e^+i�SF=F=-COC whenever the School board intends to deviate from
the Five Year District Facilities Work Program.
[l
SECTION 10. SCHOOL BOARD'S 5 YEAR DISTRICT CAPITA L MAPR I\/EMENIT
PLANFACILITIES WORK PROGRAM
10.1 School DiStfiGt''SBOard'S Five- Year GapitQistrict Facilities Work Program. In
preparation of the Five—Year Gapita0istrict Facilities Work Program and each
annual update, the School Board shall undertake the following:
(a) Update and adopt the 8Gh9GI DiStFi Five—Year Gapita0istrict Facilities Work Program
for public schools in Brevard County on or before September 301h of each year, adding a
new financially feasible fifth year that will achieve and maintain the adefftedAdopted LOS
for the five -_year period.
(b) Specify all new construction, remodeling or renovation projects which will add permanent
capacity or modernize existing facilities.
(c) Identify any potential school closures
{s)(d) Prepare the Five—Year CaffitalDistrict Facilities Work
Program and each annual update to provide a fiRanGially feasible program of school
construction for a five (5) year period.
(4)(e) Include school construction projects which, when completed, will add
sufficient GapaeityFISH Capacity to achieve and maintain the adopted LOS standard for
all schools based on the projected enrollment; provide for required modernizations; and
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 17
satisfy the School Di '�eBoard's constitutional obligation to provide a uniform system
of free public schools on a county -wide basis.
{O f) Include a description of each school project, a listing of funds to be spent
in each fiscal year for the planning, preparation, land acquisition, and actual construction
and renovation of each school project which adds eapasityFISH Capacity or modernizes
existing facilities; the amount of raparityFISH Capacity added, if any; and a generalized
location map for proposed schools included in the Five --Year
Gapita4District Facilities Work Program.
�0(a) Maximize utilization of existing schools so that proposed projects add the
necessary raparityFISH Capacity to maintain the adopted Level of Service standard.
(g)(h) The Five --Year Gapita0istrict Facilities Program and
each annual update shall identify the projected enrollment, rapaeityFISH Capacity and
utilization percentage of all schools. The R -A -he -A-1 DdstFiGt shall aRRually Update the
Five -Year Capital FaGilitieG %Alelnk Program.
10.2 T-AntativeLong Range Educational Facilities Plan. in additieR teAs_part of the
adopted dr"^,�G9I [)istr res -i,- Year Gapital FaGilitieS VVoFk or„ M the SG;E)GTFive Year
District Facilities Work Program, the School Board shall annually adopt a tentative five
ten-year and a twenty-year work plan based upon revenue projections, enrellrnentCOFTE
projections and facility needs for the ten-year and twenty-year periederp iods. It is recognized
that the projections in the ten- and twenty-year time frames are tentative and should be used
only for general planning purposes.
10.3 Transmittal. The School 1)i6trartBoard shall transmit to the County, the leraf
gGVeFRFneRt6Cities and the COC copies of the proposed Tentative F=dUGatiE) aI FaGilitieG ora„
Which iRGIW e6 the Five- Year Gapita4District Facilities Work Program, which includes the Long
-
Ranae Educational Facilities Plan. for review and comment. The a.A..A. --lally updated Five Year
s# -ear#
, eaF afteF the o roGtive d Ae per Section 4.1 of this Agreement.
10.4 Adoption. Unless the adoption is delayed by mediation or a lawful challenge, the
School Board shall adopt the Five- Year GapitalDistrict Facilities Work Program
no later than September 30th, and it shall become effective no later than October 1 st of each
year.
10.5 Amendments to the Five -Year GapitQistrict Facilities Work
_
Program. The School Board shall not amend the Five- Year GapitalDistrict
Facilities Work Program so as to modify, delay or delete any project in the first three (3) years of
the Program unless the School Board
r,e,^�Tprovides written confirmation to the COC that:
(a) The modification, delay or deletion of a project is required in order to meet the School
District'sBoard's constitutional obligation to provide a county -wide uniform system of free
public schools or other legal obligations imposed by state or federal law; or
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 18
(b) The modification, delay or deletion of a project is occasioned by unanticipated change in
pepulatieafunding, COFTE projections or growth patterns or is required in order to
provide needed GaPaGityf ISH Capacity in a location that has a current greater need than
the originally planned location and does not cause the adopted LOS to be exceeded in
the Concurrency Service Area from which the originally planned project is modified,
delayed or deleted; or
(c) The project schedule or scope has been modified to address local government
concerns, and the modification does not cause the adopted LOS standard to be
exceeded in the Concurrency Service Area from which the originally planned project is
modified, delayed or deleted; and
(d) The COC, as the required oversight committee for school concurrency as detailed in
Section 14 of this Agreement, has had the opportunity to review the proposed
amendment and has submitted its recommendation to the Superintendent or designee.
(e) The School Board may amend at aaytiea _y time the Five --Year GapitalDistrict
Facilities Work Program to add necessary GapasityFlSH Capacity projects to satisfy the
provisions of this Agreement. For additions to the Five -Year GapitalDistrict Facilities
Work Program, the School Board must demonstrate its ability to maintain the financial
feasibility of the Program.
SECTION 11. COMPREHENSIVE PLAN ELEMENTS
11.1 Required Comprehensive Plan Amendments. The County and the Cities agree to
adopt the fGl1GWiRg GGFFlPFeheRGiYe Plan amendments upen the eXeGUtiGR of thiG AgFeeMeAt.
+"—v;F-=updateand maintain those requirements found in Community Planninq Act " Chapter
2011-139, Laws of Florida", until and unless the laws are changed and this Agreement is
subsequently amended. Said principles, standards, and guidelines, including Adopted Level of
Service requirements stated in Chapter 2011-139 must be found in a Public School Facilities
Element or in the Intergovernmental Coordination Element of the Comprehensive Plans adopted
by the County and Cities.
(a)An amen 11.2 Capital ImpreveMeatlmprovements Element4A94€3. The County
and Cities shall amend the Capital Improvements Element of their Comprehensive
Plan to include the School 99aFd Of 13F8yaFd GOURty Gap Board's Five Year
Facilities Work Program. The R-r--he-ol Board's Capital Far-Aitier-, We* Pmglcarn up the GIF=
which shall be adopted and wally—updated consistent with the updated—aad
D564"46 data and aRaly6ir, shall deFFIGIR16ticate that the SGhee! DiGtFiGt's Gapital FaGilitl
GeeerFlbeF 1t, School Board's adoption
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 19
(OA Pablis Sdheel FaGilffitheS €n^ eRt (PSrE) Ge,TsiSteRt with the .eg;TemeRtS of and
Section 163.3177 (12) and 163.34 80 Flairida Statutes; .,,,a this n,,FeeFneRt
(EI)ARTaMeRded IRteFgeVeFRFneRtaI SoeFc#lRatiE)R €,ement—mss Feted by Sedto„
2180, PeFida Statutes.
170"R
. ........ ..
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 20
44-4 11.3 Intergovernmental Coordination Element (ICE). T-heRelated to school
concurrency purposes, the process for the development, adoption, and amendment of the
Intergovernmental Coordination Element, shall be that
process set forth below and pursuant to Section 163.3184, F.S.
(a) In the event that it becomes necessary to amend the ICE, the local government wishing
to initiate an amendment shall request review through the COC prior to transmitting the
amendment to the tate of Florida land planning
agency pursuant to Section 163.3184, F.S. The COC shall be responsible for
distributing the amendment to all Parties to this Agreement for review and comment.
To achieve required consistency, all local governments shall adopt the
amendment in accordance with the statutory procedures for amending
comprehensive plans.
If any local government objects to the amendment and the dispute cannot be
resolved between or among the Parties, the dispute shall be resolved in
accordance with the provisions set forth in this Agreement. In such a case, the
Parties agree not to adopt the amendment until the dispute has been resolved.
SECTION 12. SCHOOL CONCURRENCY PROGRAM
12.1 Commencement of School Concurrency. The School Concurrency Program
described in this Agreement shall be implemented no later than the effective date of +�'i„r.-rP-'ubliv
SGI1001 FaGic+;eG Element (Pc«).this Interlocal Agreement
12.2 Concurrency Service Area (CSA) Boundaries. The Parties hereby agree that School
Concurrency shall be measured and applied using a geographic area known as a Concurrency
Service Area (CSA) which shall coincide with the school attendance boundaries, as adopted by
the School Board. The mapping of the CSAs (school attendance boundaries) shall be included
in the data and analysis efsupport as required in 163.3180(1)(b) and is optional if placed in the
Comprehensive Plan.
(a) The County and Cities shall adopt by reference the standards for modification of the
Concurrency Service Area boundary maps as defined here into the PSFE of the
Comprehensive Plan.
1. The School 8is#ristBoard and local governments shall apply school concurrency
on a less than district -wide basis, using the school attendance zeaesboundaries,
in which the school is located, as the CSA. Use of this method will create a
separate concurrency service area for each elementary, middle
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 21
and, high and any combination school. Each school attendance zone will
become its own CSA.
2. Charter schools and MagRet 6Gh Schools of Choice will not have their own
CSA. Charter and FnagRGt SGheisSchools of Choice are open to all students
residing within the district; and students are generally accepted through
application approval. These special public schools vary in size, and may target a
specific type of student and can limit the age groups or grade levels.
(b) As future school boundary changes are required for schools programmed in the Prevard
Rc#eel Five Year District Five YeaF Gapital Facilities Work Program, the CSAs school
attendance boundaries) shall be modified to the greatest extent possible to provide
maximum utilization. The School DistfietBoard will perform as lead agency for
coordination and review of proposed changes to the CSAs- (school attendance
boundaries).
(4)(c) The Parties shall observe the following process for the timing of the review a+4
apprevaVor modifying .CSAs (school attendance boundaries).
1 At n nh time as the SGhGel DintFint deteFM*Reo that the nhaRgeappFE)PF!ate
2. The GeuRty, Cities and COG -shall Fevievthe-Prepesed aMeRdMeRt aTRd seed
1. Objective criteria shall be adopted by the School Board to implement school
attendance boundary, and subsequently CSA boundary, changes. When the
need for potential attendance boundary changes is identified in the Five Year
District Facilities Work Program, or by the School Board subsequent to the
annual approval of the Five Year District Facilities Work Program, the School
Board will convene a meeting of the COC for the purpose of reviewing potential
attendance boundary changes a minimum of 30 days prior to the meeting at
which an Action Item to consider attendance boundary changes is heard by the
School Board.
2. The COC shall review the proposed boundary changes. Based on information
gathered during the review, the COC will submit consensus recommendations to
the Superintendent or designee a minimum of 10 days prior to the meeting at
which the Action Item is heard by the School Board. A representative of the
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 22
COC shall have the opportunity to present the recommendations at the meeting
at which the Action Item is heard by the School Board.
3. The change to a GGRGuFFeRGY SeFViGe AFeaCSA boundary shall become effective
upon final adoption of the new school boundaries by the School Board.
{e4(d) The Parties hereby agree that the "spet zenedSpot Zoned" geographic areas of a
school attendance boundary do not constitute additional adjacencies.
12.3 Level of Service (LOS). To ensure the sapasityFISH Capacity of schools is sufficient to
support projected student growth, the County, Cities and School OistristBoard shall adopt a LOS
for all schools of the same type. The Parties hereby agree that the desired LOS standard shall
be 100% of P-e,a.;e„ the FISH sapaeityCapacity for each elementary, middle, and high school,
and any combination 9ret school.
12.4 School Concurrency Regulations. Each Local Government that is party to this
Agreement shall adopt school concurrency provisions into its land develOpMent regUlati Land
Development Regulations (LDR) consistent with the requirements of this Agreement.
(a) The County and the Cities shall amend their LDRs to adopt school concurrency
provisions for the ro,,.o,•, Af tJPVeIepFR8Rt erdersundertaking by the School Board of a
School Impact Analysis for Preliminary and Final Development Requests.
1. In the event that any participating City does not adopt LDRs, that government
shall be deemed to have `opted in" to the County regulations and agrees to be
bound by the terms and provisions therein until it adopts its own ordinance.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 23
2. At any time, any Local Government may opt out of the County's implementing
ordinance through implementing its own ordinance- consistent with this
Agreement.
SECTION 13. UNIFORM SCHOOL CONCURRENCY PROCESS
13.1 General Provisions. The County, the Cities and the School Board shall ensure that
the Adopted Level of Service Standard established for each school type is maintained.
(a) Upon adefftien of the—RSF€, Re FeZeRiRg, sitePlaR, PreliminaFY—PlateF fURGtiG„t„
egaivater No Preliminary Development Request for new residential development may be
approved by the County or Cities governing body and/or Local Planning Aqency, unless
the residential development is exempt from these requirements as provided in Section
13.1 (ed) of this Agreement, or until a School Impact Analysis (SIA) has been
undertaken resulting in a Capacity Availability Determination Letter (SGAD ) has been
issued by the School Board to the local government indicating that adequate school
facilities exist.
(_b) No Final Development Request for new residential development may be approved by
the County or Cities governing body and/or Local Planning Agency unless the residential
development is exempt from these requirements as provided in Section 13.1 (d) of this
Agreement, or until a School Impact Analysis (SIA) has been undertaken resulting in a
School Capacity Availability Determination Letter (SCADL) issued by the School Board
to the local government indicating that adequate school facilities have been reserved to
accommodate the impacts of the development.
M(C) A local government may condition the approval of the residential development to
ensure that the necessary SGhGel GapaGityELSH Capacity is in place to meet the adopted
LOS at the time of residential impacts, in order to validate or render effective the
approval. This shall not limit the authority of a local government to deny a development
permit or its functional equivalent, pursuant to its home rule regulatory powers.
(G)(d) The following residential uses shall be considered exempt from the requirements
of school concurrency:
1. All single family lots of record at the time the School Concurrency implementing
ordinance beGoFnesbecame effective.
2. Any new residential development that has aan unexpired preliminary plat or site
plan approval or the functional equivalent for a site specific development order
prior to the commencement date of the School Concurrency Program.
3. Any amendment to any previously approved residential development, which does
not increase the number of dwelling units or change the type of dwelling units
(single-family to multi -family, etc.).
4. Any age restricted community with no permanent residents under the age of
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 24
eighteen (18). Exemption of an age restricted community will be subject to a
restrictive covenant limiting the age of permanent residents to 18 years and
older.
5. The replacement of an existing residential dwelling unit, including those partially
or entirely damaged, destroyed or demolished, with a new unit of the same type
and use provided that the existing unit has been occupied at some time during
the five -_year period immediately preceding the construction of the new unit.
6. De minimis Impact for School Capacity Determination (non-binding):
a. Small Scale Comprehensive Plan Amendment requests which will not
increase the maximum allowable residential units by 50 units or more.
b. Preliminary Development Requests (not including Large Scale
Comprehensive Plan Amendments) which will not increase the maximum
allowable residential units by 50 units or more.
7. De minimis Impact for Concurrency Determination (binding) — Any residential
development request, which based on the Student Generation Rate (SGM)
established in this Agreement will not exceed one (1) student for any type of
school.
(4)(e) Upon request by a developer submitting a land develepmen
applisPreliminary Development Request or Final Development Request with a
residential component, the local government efmay contact the School Qi6tFiGtmay
+ssaeBoard for a determination as to whether or not 4the request
is exempt from the requirements of school concurrency.
13.2 School Concurrency Application Review
Any developer submitting a
Preliminary Development Request with a residential component
that is not exempt under Section 13.1(43d) of this Agreement is subject to school
concurrency and must prepare and submit to the local government a School Facility
Planning and Concurrency Application to have a School Impact Analysis (SIA) to the
leoalgsVef^meRt,f-�—re`:iev.gundertaken by the School Dist; +t is E)Fder to
detefFRiReBoard. The application shall designate that the availab44ydeveloper requests
to have a School Capacity Determination (non-binding) undertaken by the School Board.
{}(b) Any developer submitting a Final Development Request with a residential
component that is not exempt under Section 13.1(d) of this Agreement is subject to
school oncurrency and must prepare and
submit to the local government a School Facility Planning and Concurrency Application
to have a School Impact Analysis (SIA) undertaken by the School Board. The application
shall designate that the developer_ requests to have a Concurrency Determination
binding) undertaken by the School Board.
�Tc-QI,�Any developer that is submitting a Preliminary Development Request
simultaneously with a Final Development Request with a residential component that is
not exempt under Section 13.1(d) of this Agreement is subject to school concurrency
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 25
and must prepare and submit to the local government a School Facility Planning and
Concurrency Application to have a School Impact Analysis (SIA) undertaken by the
School Board. In this case the application shall designate that the developer requests to
have a Concurrency Determination (binding) undertaken by the School Board.
(4D4(d) The School Facility Planning and Concurrency Application must indicate the
location of the development, number of dwelling units and unit types (single-family, multi-
family, apaFtment6 etG+. or manufactured housing), a phasing schedule (if applicable),
and age restrictions for occupancy (if any). The local government shall initiate the
review by determining that the application is sufficient for processing. Upon
determination of application sufficiency, the local government shall transmit the
S4Aapplication to the School DistristBoard representative for review. ^ f!E)W Gh +
The
process is as follows:
1^A+�a+sa#+eF►A Preliminary Development Request may be exempt from a School
Impact Analysis under Section 13.1(d) of this Agreement A Final Development
Request may be exempt from a School Impact Analysis under Section 13.1(d) of
this Agreement.
2. A School Facility Planning and Concurrency Application for residential
development is submitted to the local government initiating a sufficiency review.
Once deemed sufficient, the local government transmits the S4ASchool Facility
Planning and Concurrency Application to the School Board to
undertake a School Impact Analysis. The School Board may charge the applicant
a non-refundable application fee payable to the School Board to meet the cost of
review.
3. The School DistfietBoard representative shall reviem.undertake the appl+sant's
S4ASchool Impact Analysis for a residential development which has been
submitted and deemed sufficient for processing by the applicable local
government. The application will be processed based upon whether the
application is for a School Capacity Determination (non-binding) or a Concurrency
Determination (binding).
3-: 4. The School DistristBoard representative shall FGVieW eaGh c'^undertake the
School Impact Analysis in the order in which it is received and verify whether
sufficient studeRt statie44&FISH Capacity for each type of school afeis available or
not available in the proposed development's CSA _
a: a. To determine a proposed development's projected students, the
proposed development's projected number and type of residential units
shall be converted into projected students for a#-ss�the school of each
type within the specific CSA using the SGheel Distr!st-Student Generation
Multiplier (SGM), as established by the method described in Appendix "lam
whoGh beFeyweWed .+alLuA." The School Board will review the
established SGM at least every five years and will
amend that multiplier to reflect the current district wide student generation
rates.
b. New SGheel-sapasi#yFISH Capacity within a CSA which is in place or
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 26
under actual construction in the first three years of the
SapitatFive Year District Facilities Work Program will be added to the
sapaGRyE SH Capacity shown in the CSA, and is counted as available
sapasityFlSH Capacity for the residential development under review.
(-,) e) If the projected student growth from a residential development causes the
adopted LOS to be exceeded in the CSA, ae-adjacent GSACSAs will be reviewed for
available eapasifyFlSH Capacity.
In conducting the adjacency review, the School DistriptBoard shall first use the
adjacent CSA with the most available sapasityFlSH Capacity to evaluate
projected enrollment and, if necessary, shall continue to the CSA with the next
most available sapasityFISH Capacity until all adjacent CSAs have been
evaluated or the available sapasityFISH Capacity has been identified to allow a
SCADL approving school concurrency to be issued.
If a proposed new development causes the LOS in the CSA in which it is located
to exceed the adopted LOS standard and there is available sapasityFlSH
Capacity in an adjacent CSA, actual development impacts shall be shifted to the
contiguous CSAR having available eapasityFISH Capacity. This shift shall be
accomplished through boundary changes or by assigning future students from
the development to an adjacent CSA. SU19-sestienSection 12.2(ed) of this
Agreement shall be observed when considering adjacent eapasityFISH Capacity.
{d}(f) In the event that there is not adequate sapasityFISH Capacity available in the
CSA in which the proposed development is located or in aethe adjacent GSACSAs to
support the development, the School DistrietBoard representative will issue either a CDL
(non-binding) or a SCADLbindin within ten (10) working days detailing why the
development is not in compliance-e##er. If the developer has submitted for a
Concurrency Determination (binding) the applicant will be offered the opportunity to
enter into a negotiation period to allow time for the mitigation process described below in
Section 13.5 of this Agreement. If the proposed mitigation is accepted, the School Board
shall enter into an enforceable and binding agreement with the affected local
government and the developer pursuant to Section 13.5 of this Agreement.
kog) When sapasitYFISH Capacity has been determined to be available, the School
Qffistrir,tBoard representative shall issue a CDL (non-binding) or a SCADL bindin
verifying available sapasityFISH Capacity to the applicant and the affected local
government within ten (10) working days of receipt of the application.
(#)(h) The local government shall be responsible for notifying the School DistrietBoard
representative when a residential development which was submitted as a binding
Concurrency Determination has received a Concurrency Evaluation Finding of
Nondeficiencyl or functional equivalent, by the local -government and when the
development order for the residential development expires or is revoked, and , heR +�
13.3 School Concurrency Approval. Issuance of a SCADL by the School MstriAtBoard
identifying that adequate sapasityFISH Capacity exists indicates only that school facilities are
currently available, and GapaGit . FISH Capacity will not be reserved until the local government
issues a Concurrency Evaluation Finding of Nondeficiency, or the functional equivalent.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 27
(a) A local government shall not issue a Concurrency Evaluation Finding of Nondeficiency
or functional equivalent for a residential development until receiving confirmation of
available SGhGGI GapaG#yELSH_Capacity in the form of a SCADL from the School
OistraetBoard. Once the local government has issued a Concurrency Evaluation Finding
of Nondeficiency or functional equivalent; school concurrency for the residential
development shall be valid for the life of the Concurrency Evaluation Finding of
Nondeficiency or functional equivalent. Expiration, extension or modification of a
Concurrency Evaluation Finding of Nondeficiency or functional equivalent for a
residential development shall require a new review for adequate 6Gheel Gapasity ISH
Capacity to be performed by the School Board.
(b) Local governments shall notify the School DistriotBoard within ten (10) working days of
any official change in the validity (status) of a Concurrency Evaluation Finding of
Nondeficiency or functional equivalent for a residential development.
(c) The Local Government shall not issue a building permit or its functional equivalent for a
non-exempt residential development until receiving confirmation of available ssheol
sapasityFlSH Capacity from the School DistFietBoard in the form of a SCADL. Once the
local government has issued a Concurrency Evaluation Finding of Nondeficiency or
functional equivalent, school concurrency for the residential development shall be valid
for the life of the Concurrency Evaluation Finding of Nondeficiency or functional
equivalent.
13.4 Development Review Table. The School DistrirtBoard shall create and maintain a
Development Review Table (DIRT) for each CSA, and will use the DIRT to compare the
projected students from proposed residential developments to the CSAs available sapaGity ISH
Capacity programmed within the first three years of the current five --year eapitaldistrict planning
period.
(a) Student enrollment projections shall be based on the most recently adopted SsheelFive
Year District Oap+tal-Facilities Work Program, and the DIRT shall be updated to reflect
these projections. Available sapasity-FISH Capacity shall be derived using the following
formula:
Available FISH Capacity = SsheeIFISH Capacity' - (Enrollment2 + Vested 3)
Where
' SGIRGGI GapaGity - FISH Capacity = Factored Capacity (As programmed in the
first three (3) years of the i Five Year District Facilities
Work Program
2 Enrollment = Student enrollment as counted at the Fall FTE.
3 Vested = Students generated from residential developments approved and
receiving a SCADL after the implementation of school concurrency
(b) Using the Fall FTE, the vested number of students on the DIRT will be reduced by the
number of students represented by the residential units that received certificates of
occupancy from the vested development within the previous twelve (12) month period.
13.5 Proportionate Share Mitigation. In the event there is not sufficient wheel
eapasityFISH Capacity available to support the students generated from the proposed
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 28
residential development under review, based on the student generation multiplier (SGM)
calculation of students as described in Section 13.2(b -)3!4 )4.a, the School BistriatBoard shall
entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable
and binding agreement with the local government and developer to mitigate the impact from the
development through the creation of additional GGheel GapaG' FISH Capacity.
(a) When the student impacts from a proposed development cause the adopted LOS to fail,
the developer's proportionate share will be based on the number of additional student
stations necessary to meet the established LOS. The amount to be paid will be
calculated by the cost per student station for elementary, middle, and high school as
determined and published by the State of Florida, plus a share of the land acquisition
and infrastructure expenditures for school sites as determined and published annually in
the SGIRGGI DiGtFi Five _Year GapitalDistrict Facilities Work Program.
(b) The methodology used to calculate a developer's proportionate share mitigation shall be
as follows:
Proportionate Share = ('Development students - Available FISH Capacity) x Total
Costa per student station
Where
'Development students = Students generated by residential development that are
assigned to that school
'Total Cost = the cost per student station as determined and published by the
State of Florida, plus a share of the land acquisition and infrastructure
expenditures for school sites as determined and published annually in the SGhGE)l
DiGt,;Gt'TFive _Year Gapita0istrict Facilities Work Program.
(c) The applicant shall be allowed to enter a negotiation period with the School Distr+stBoard
in an effort to mitigate the impact from the development through the creation of
additional sapaGityFISH Capacity. Upon identification and acceptance of a mitigation
option deemed financially feasible by the School Board, the developer shall enter into a
binding and enforceable agreement with the School Board and the local government
with jurisdiction over the approval of the development order.
A mitigation contribution provided by a developer to offset the impact of a
residential development must be directed by the School Board toward a ssheel
sapasity—f SH Capacity project identified in the Five- _Year
Gapit 9District Facilities Work Program. FISH Capacity projects identified within
the first three (3) years of the Five- Year GapitaQistrict Facilities Work Program
shall be considered as committed in accordance with Section 10.5 of this
Agreement.
2. If sapasityFISH Capacity projects are planned in years four (4) or five (5) of the
Five- Year Gapita0istrict Facilities Work Program within the
same CSA as the proposed residential development, the developer may pay his
proportionate share to mitigate the proposed development in accordance with the
formula provided in Section 13.5 (b) of this Agreement. This may not change the
timing of the SGI1901 906tFm Five --Year Gapita0istrict Facilities Work Program.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 29
3. If a sapasit}FISH Capacity project does not exist in the GapitalFive Year District
Facilities Work Program, the School Board may add a eapasityFISH Capacity
project to satisfy the impacts from a proposed residential development, if it is
funded through the developer's proportionate share mitigation contributions in the
next update of the Program. Mitigation options may include, but are not limited
to:
a. Contribution of land or payment for land acquisition in conjunction with the
provision of additional GGheGI GapaG4yfLSH Capacity; or
b. Mitigation banking based on the construction of a public school facility in
exchange for the right to sell sapaeityFISH Capacity credits; or
c. Provision of additional student stations through the donation of buildings for
use as a primary or alternative learning facility; or
d. Provision of additional student stations through the renovation of existing
buildings for use as learning facilities; or
e. Construction or expansion of permanent student stations ; or
f. Construction of a public school facility in advance of the time set forth in the
Five _Year QapitaOistrict Facilities Work Program.
g. Construction of a charter school designed in accordance with School
Distr+etBoard standards, providing sufficient permanent capacity to the
District's inventory of student stations. Use of a charter school for mitigation
must include provisions for its continued existence, including but not limited to
the transfer of ownership of the charter school property and/or operation of
the school to the School Board.
(d) For mitigation measures (a) thru (g) above, the estimated cost to construct the mitigating
permanent capacity will reflect the estimated future construction costs at the time of the
anticipated construction. Improvements contributed by the developer shall receive
sshee4Educational Facilities impact fee credit.
(e) Developer shall receive an impact fee credit for that portion of the developer's
educational impact used to fund the improvements on which the proportionate share
mitigation is calculated.
(f) If the proportionate share mitigation required is greater than the impact fees generated
by the development, the difference between the developer's proportionate share and the
impact fee credit shall be the responsibility of the developer.
(g) Any proportionate share mitigation must directed by the School Board toward a ssheel
sapasityFISH Capacity improvement identified in the Five --Year
Gal;430istrict Facilities Work Program.
(h) Upon conclusion of the negotiation period, a second Determination Letter shall be
issued. If mitigation is agreed to, the School DistF!etBoard shall issue a new
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 30
Determination Letter approving the development subject to those mitigation measures
agreed to by the local government, developer and the School Board. Prior to preliminary
plat, site plan approval or the functional equivalent, the mitigation measures shall be
memorialized in an enforceable and binding agreement with the local government, the
School tBoard and the Developer that specifically details mitigation provisions to
be paid for by the developer and the relevant terms and conditions. In accordance with
163.3180(4,305 h) F.S., having executed a legally binding commitment, school
concurrency is satisfied and the development may proceed.
If mitigation is not agreed to, the Determination Letter shall detail why any mitigation
proposals were rejected and why the development is not in compliance with school
concurrency requirements. A School Capacity Determination Letter indicating either that
adequate sapasityFISH Capacity is available, or that there is no available eapasitY ISH
Capacity following the ninety (90) day negotiation period as described in Section 13.5 of
this Agreement, constitutes final agency action by the School PistristBoard for purposes
of Chapter 120, F.S.
13.6 Appeal Process. A person may appeal a determination made as a part of the School
Concurrency Process.
(a) A person substantially affected by a School nim +�eBoard's adequate sapasity ISH
Capacity determination made as a part of the School Concurrency Process may appeal
such determination through the process provided in Chapter 120, F.S.
(b) A person substantially affected by a local government decision made as a part of the
School Concurrency Process may appeal such decision using the process identified in
the local government's regulations for appeal of development orders. This shall not
apply to any decision subject to section (a) above.
SECTION 14. OVERSIGHT
14.1 Oversight. The COC will serve as the required oversight committee for school
concurrency to monitor and annually evaluate the school concurrency program and the ocGG
The r-,A-rA.m.i#t9A- shall appaint a Gha*FpeFGE)R, RAP -P -t SP-Mi--ARRually OR FRid September ;;Ad mid -
relative to the County and City adopted
Comprehensive Plans.
(a) The monitoring and evaluation of the school concurrency process is required pursuant to
Section 163.3180(13)(8)(6)(i)4.c�,—sF.S., and Section 2 of this Agreement. The COC
shall be responsible for preparing an annual assessment report on the effectiveness of
the School Concurrency System. The report will be made available to the public and
presented at the first semi-annual COC M;;rAh meeting.
(b) The COC members shall be invited to attend all meetings referenced in Section 2 and
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 31
shall receive copies of all reports and documents produced pursuant to this Agreement.
The COC shall evaluate the effectiveness of the CSAs for measuring the LOS and
consider making recommendations to amend the CSA Map.
(c) By AugustSeptember 1st of each year, the COC shall receive the proposed SGheei
Five Year District EdUGat!E) aI Far- �,+,„6 ol.,., that ,.,,.1.18496 +h„ PUP.
Facilities Work Program. The COC will report to the School BfstrastBoard,
the County, and the Cities on whether or not the proposed Five -Year Gapita0istrict
Facilities Work Program maintains the adopted Level of Service in each CSA by adding
enough projects to increase the Gapasit -.E SH Capacity. The COC will examine the
need to eliminate any permanent student station shortfalls by including required
modernization of existing facilities, and by providing permanent student stations for the
projected growth in enrollment over each of the five (5) years covered by the program.
SECTION 15. SPECIAL PROVISIONS
15.1 School BistrictBoard Requirements. The Parties acknowledge and agree that the
School 9istriGtBoard is or may be subject to the requirements of the Florida and United States
Constitutions and other state or federal statutes regarding the operation of the public school
system. Accordingly, the County, the Cities and the School Board agree that this Agreement is
not intended, and will not be construed, to interfere with, hinder, or obstruct in any manner, the
School OistriGt'sBoard'S constitutional and statutory obligation to provide a uniform system of
free public schools on a Countywide basis or to require the School 9istriGtBoard to confer with,
or obtain the consent of, the County or the Cities, as to whether that obligation has been
satisfied. Further, the County, the Cities and the School Board agree that this Agreement is not
intended and will not be construed to impose any duty or obligation on the County or City for the
School Dim +�: Board's constitutional or statutory obligation. The County and the Cities also
acknowledge that the School DiGtFiGt'613oard's obligations under this Agreement may be
superseded by state or federal court orders or other state or federal legal mandates.
15.2 Land Use Authority. The Parties specifically acknowledge that each Local Government
is responsible for approving or denying comprehensive plan amendments and development
orders within its own jurisdiction. Nothing herein represents or authorizes a transfer of this
authority to any other party.
SECTION 16. AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT
16.1 Amendment of the Agreement. This Agreement may be amended by written consent
of all parties to this Agreement after a COC review. The Agreement will remain in effect
until amended in accordance with Florida Statutes.
16.2 Notice Requirements. County, City or Town QerkManager/Administrator, School
Board Superintendent, or as designated by the individual jurisdiction. Notices to the
COC shall be delivered to all COC representatives.
16.3 Repeal of the Agreement. If the Florida Statute as it pertains to school planning
coordination and school concurrency is repealed, the Agreement is terminated. Parties
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 32
desiring to continue the Agreement may do so by written consent.
16.4 Termination of the Agreement. No party to this Agreement may terminate its
participation in the agreement except through the exemption process in which a
municipality may not be required to participate in school concurrency when
demonstrating that all the requirements are no longer having a significant impact on
school attendance, per Section 163.31 "Q,,- (�( 1777(3), F.S., at the time of a local
government Evaluation and Appraisal Report, by providing a sixty (60) day written notice
to atthe other Parties to this Agreement
Affa0FG.
16.5 Withdrawal. Withdrawal from the Agreement by any party shall not alter the terms of
the Agreement with respect to the remaining signatories.
16.6 Violations. No provisions of this Agreement shall be in violation of Florida Statutes.
SECTION 17. RESOLUTION OF DISPUTES
17.1 Dispute Resolution. If the parties to this Agreement are unable to resolve any issue in
which they may be in disagreement covered in this Agreement, such dispute will be resolved in
accordance with governmental conflict resolution procedures specified in Chapter 164, F.S.
SECTION 18. EXECUTION IN COUNTERPARTS
18.1 Agreement Execution. This Agreement may be executed in any number of
counterparts, each of which so executed shall be deemed to be original, but all such
counterparts shall, together, constitute but one in the same instrument.
SECTION 19. SUPERSESSION OF PREVIOUS AGREEMENTS
19.1 Supersession. This Agreement supersedes any and all previous Interlocal Agreements
for Public School Facility Planning and/or School Concurrency between any of the Parties to this
Agreement. Any such Agreements are hereby null and void.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 33
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of
Brevard County Board of County Commissioners, the Cities and Towns of Cape Canaveral,
Cocoa, Cocoa Beach, Grant-Valkaria, Indialantic, Indian Harbour Beach, Malabar, Melbourne,
Melbourne Beach, Palm Bay, Palm Sheices, Rockledge, Satellite Beach, Titusville, West
Melbourne and the School Board of Brevard County on this day of
,2-99201
BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA
Attest
Chairperson, Brevard County Clerk
Board of County Commissioners
(Seal)
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 34
DULY PASSED AND ADOPTED BY THE SCHOOL BOARD OF BREVARD COUNTY,
THIS Day of 208201
SCHOOL BOARD OF BREVARD COUNTY, FLORIDA
Chairman, School Board Brevard County
Attest (Seal)
Superintendent
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 35
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA,
THIS
Day of , 208201
CITY OF CAPE CANAVERAL, FLORIDA
0
(Seal)
Clerk
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 36
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF COCOA, FLORIDA, THIS
CITY OF COCOA, FLORIDA
0
Day of 2-9201
Attest (Seal)
Clerk
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 37
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF COCOA BEACH, FLORIDA,
THIS
CITY OF COCOA BEACH, FLORIDA
M
Day of , 2-99201
Attest (Seal)
Clerk
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 38
DULY PASSED AND ADOPTED BY THE TOWN COUNCIL OF GRANT-VALKARIA, FLORIDA,
THIS Day of 201
TOWN OF GRANT-VALKARIA, FLORIDA
Attest (Seal)
By: Clerk
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 39
DULY PASSED AND ADOPTED BY THE TOWN COUNCIL OF INDIALANTIC, FLORIDA, THIS
TOWN OF INDIALANTIC, FLORIDA
0
Day of
,2-99201
Attest (Seal)
Clerk
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 40
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF INDIAN HARBOUR BEACH,
FLORIDA, THIS
2-W201
CITY OF INDIAN HARBOUR BEACH, FLORIDA
By:
Day of
Attest (Seal)
Clerk
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 41
DULY PASSED AND ADOPTED BY THE TOWN COUNCIL OF MALABAR, FLORIDA, THIS
TOWN OF MALABAR, FLORIDA
la
Day of , 2-98201
Attest (Seal)
Clerk
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 42
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF MELBOURNE, FLORIDA, THIS
CITY OF MELBOURNE, FLORIDA
By:
Day of
IWEDY•11112
Attest (Seal)
Clerk
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 43
DULY PASSED AND ADOPTED BY THE TOWN COUNCIL OF MELBOURNE BEACH,
FLORIDA, THIS
TOWN OF MELBOURNE BEACH, FLORIDA
0
Day of 2-8201
Attest (Seal)
Clerk
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 44
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF PALM BAY, FLORIDA, THIS
CITY OF PALM BAY, FLORIDA
By:
Day of , 2-98201
Attest
Clerk
(Seal)
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 45
k7�lLl1\tiles -7A � I,t�i! rel -7 3� � ril 71 X7.1.
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 46
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF ROCKLEDGE, FLORIDA, THIS
CITY OF ROCKLEDGE, FLORIDA
By:
Day of 2-00201
Attest
Clerk
(Seal)
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 47
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF SATELLITE BEACH, FLORIDA,
THIS
CITY OF SATELLITE BEACH, FLORIDA
M
Day of 2-W201
Attest (Seal)
Clerk
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 48
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF TITUSVILLE, FLORIDA, THIS
CITY OF TITUSVILLE, FLORIDA
By:
Day of
Attest
Clerk
,2-00201
(Seal)
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 49
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF WEST MELBOURNE, FLORIDA,
THIS _
249201
CITY OF WEST MELBOURNE, FLORIDA
0
Day of
Attest (Seal)
Clerk
Brevard County Interlocal Agreement For Public School Facility Planning and School Concurrency June 2014
Page 50
APPENDIX "A"
TIERED LEVEL OF SERVIC€—aCHOOLL YEARS 2007-08 to 22011 12
Faeil+ty-Type
2887-88
2008 09
2899-10
2919-14
2011_12
-I--2- -Ok
420tifr
i00%
y00%
1-0004
430%
i
4850%
i00%
High SGheels
1390%
i551%
400%
i99%
Appendix "A" School District Student Generation Multiplier
Brevard County Scheel Plaee+ag-Interlocal Agreement —A menderiFor Public, School Facility Planning and School
Concurrency June 2008
2014 Page 44
F,1 .1 a►my_m
School District Student Generation Multiplier
Determining the number of students generated from new residential development is necessary
to identify the new development's impact on public schools. In order to calculate the number of
students associated with new residential development, a etUdeRt gen Fat"GR multiplier was
A-Feated-Student Generation Multiplier (SGM) is used. Because the number of students living in
a housing unit varies depending on the type of residential housing, the student g8ReFati^^ rate
nor ^mow„^+ial „^i+SGM is based-encalculated for four housing types as ideRtifiediaTAT.
These housing types are: single family; multi -family; condom inium/6e-9ffco_Op; and mobile
home.
The SGM shown in Table 1 were calculated using the methodology described below. In
accordance with this Agreement, the SGM shall be reviewed
every 5 years and amended as necessary to reflect the GUFFeRt aistFiG ,.,ide student generation
rates applicable at the time of the review.
Table 1: Brevard County School Concurrency Student Generation Multipliers (SGM)
Methodology
Two datasets were used to calculate the student generation rates. Thesedatasets were ;e
geegraphic i^fe;mat;9R sy6tem6: the Geographic Information Systems (GIS) property parcel file
from the Brevard County Property Appraiser's office and the October 29952013 public school
student enrollment data. The 2005 ctudGRt e„re!!me^t databtai from the Brevard
School District and GeRtained student addresses ^ d ad level data. The student address
data were geocoded to property parcel data and street centerline data to create a GIS point file
with the spatial location of each student based on their address. 72,731 of the 72,775 student
records (99.94%) were geocoded to an existing address file.
W.-
Appendix "A" School District Student Generation Multiplier
Brevard County Ssbeel RaRniag-Interlocal AgreementAmeRdeaFor Public School Facility Planning and School
Concurrency June 2.04
2014 Page 45
Single
Family
Condo/
Co-op
Mobile
Home
Multi
Family
Elementary
0.2-028
0.9305
0.0704
0.4-927
Middle
0.9608
0.01
0.9201
0.9506
High
0.4216
0.9203
0.9302
1 0.910
Total
0.3852
0.9510
0.x-207
1 0.35-43
Methodology
Two datasets were used to calculate the student generation rates. Thesedatasets were ;e
geegraphic i^fe;mat;9R sy6tem6: the Geographic Information Systems (GIS) property parcel file
from the Brevard County Property Appraiser's office and the October 29952013 public school
student enrollment data. The 2005 ctudGRt e„re!!me^t databtai from the Brevard
School District and GeRtained student addresses ^ d ad level data. The student address
data were geocoded to property parcel data and street centerline data to create a GIS point file
with the spatial location of each student based on their address. 72,731 of the 72,775 student
records (99.94%) were geocoded to an existing address file.
W.-
Appendix "A" School District Student Generation Multiplier
Brevard County Ssbeel RaRniag-Interlocal AgreementAmeRdeaFor Public School Facility Planning and School
Concurrency June 2.04
2014 Page 45
A spatial join was applied to the parcel data and geocoded student data. A spatial join is a type
of spatial analysis in which the attributes of features in two datasets are joined together based
on the relative location of each feature. In this case, the spatial join linked the point location of
each student to a specific property parcel. The result of this operation is one GIS file that
contains student data as well as housing type and year built data from the pFepeFt
araiserPro perty Appraiser.
This study looked at the entire public school population including students attending charter
schools. The total student population data was filtered to identify students living in housing units
that were constructed in year 2000 or later. The multiplier analysis determined that there were
22,214 students living in 53,035 housing units constructed in Brevard County since 2000
Table 2 displaysshows the number of students by housing type and school type in Brevard
County as of October 29, 2005. in additien to tho18, 2013. Note that 698 students summarized
in Table 2, 1,006 students weFe notcould not be assigned to a residential land use due to
e;;ersdiscrepancies in the parcel data . These students were proportionately
distributed to the four housing types based on the housing type distribution for the total student
population.
Table 2: Students by Residential Housing Type Built Since 2000 and School Type
Table 3 details the 2014 housing type counts for Brevard County. These data were obtained
from several sources. The condo/co-op numbers are from the May 2014 property parcel GIS
data provided by the Brevard County Property Appraiser's Office. The single family, mobile
home, and multi -family totals are the most recent data published by the Florida Housing Data
Clearinghouse. The Florida Housing Data Clearinghouse reports condos as part of the multi-
family figures, so the Brevard County Property Appraiser's Office total number of condos was
subtracted in order to calculate the total multi -family housing units.
Appendix "A" School District Student Generation Multiplier
Brevard County SGhGG'Plan niag-Interlocal Agreement--AmeRdeaFor Public School Facility Planning and School
Concurrency June 2-996
2014 Page 46
Single
Family
Condo/
Mobile
Home
Multi
Famil
Totals
Elementary PK -6
10,353
356
168
1,396
12,273
Middle 7-8
2 892
100
58
332
3,382
High (9-121
5,751
224
76 1
508
6,559
All Students
18 996
680
302
2,236
22,21 j
Table 3 details the 2014 housing type counts for Brevard County. These data were obtained
from several sources. The condo/co-op numbers are from the May 2014 property parcel GIS
data provided by the Brevard County Property Appraiser's Office. The single family, mobile
home, and multi -family totals are the most recent data published by the Florida Housing Data
Clearinghouse. The Florida Housing Data Clearinghouse reports condos as part of the multi-
family figures, so the Brevard County Property Appraiser's Office total number of condos was
subtracted in order to calculate the total multi -family housing units.
Appendix "A" School District Student Generation Multiplier
Brevard County SGhGG'Plan niag-Interlocal Agreement--AmeRdeaFor Public School Facility Planning and School
Concurrency June 2-996
2014 Page 46
Table 3: Dwelling Units Built Since 2000 by Type
Application of the SGM
■ flflfl�i.;iut MOOR9 _.......
To determine the student impact of a proposed residential development for school concurrency
purposes, a proposed development's projected number and typed of unites are converted into
the number of projected students
Basedfor each school type. As an example based on the generation rates in Table 1, for every
100 new single-family housing units constructed4n., Brevard County�0 Public Schools must
plan to accommodate 28 elementary school students will be generated fer the BFevaFd Gew4y
Appendix "A" School District Student Generation Multiplier
Brevard County feel Plaaa+ng-Interlocal Agreement AmeRdedFor Public School Facility Planning and School
Concurrency June 2008
2014 Page 47
Single
Family
Condo/
Co-op
Mobile
Home
Multi
Family
Total
F�
6)p] et I ing
Units Built
Since 2000
39,67-936,622
X97,013
1-;499
4,3M249
5,151
53,035
AA -8) 9,6741 44-3
IF -854 9
46 44 4
All c+,.o.,+ � ;�86
,a��-488 7948
x9-7-5 4
Application of the SGM
■ flflfl�i.;iut MOOR9 _.......
To determine the student impact of a proposed residential development for school concurrency
purposes, a proposed development's projected number and typed of unites are converted into
the number of projected students
Basedfor each school type. As an example based on the generation rates in Table 1, for every
100 new single-family housing units constructed4n., Brevard County�0 Public Schools must
plan to accommodate 28 elementary school students will be generated fer the BFevaFd Gew4y
Appendix "A" School District Student Generation Multiplier
Brevard County feel Plaaa+ng-Interlocal Agreement AmeRdedFor Public School Facility Planning and School
Concurrency June 2008
2014 Page 47
applicant
Applicant receives written
notice specifying deficiencies
Applicant withdraws
application
School District issues
School Capacity Availability
Determination Letter
identifying capacity
Local Government issues
Concurrency Evaluation if all
Level of Service standards
are met
School Capacity Availability
Determination Letter valid
for the life of the
Concurrency Evaluation
Finding of Non -Deficiency
Government
Application forwarded and reviewed
by S District for available
CAPACITY
AVAILABLE
School District issues
School Capacity Availability
Determination Letter identifying
61'ork n deficiency in capacity
Days
Neaotiaron
Mitigation option
Applicant, Local
Government and School
District enter into an
Applicant
chooses:
Applicant withdraws
Mitigation option
rejected
School District issues a
School Concurrency
Defic ency Letter
Local Govemment ^\
_....,denies application
Appeal
Approved
NO
CAPACITY
AVAILABLE
applicant
Applicant submits notice
of appeal with Local
Government or School
Board, as applicable
Appeal reviewed and
scheduled for hearing
by the Board or
Hearing Officer
The Board or
Hearing Officer
considers appeal
Appeal to
Circuit Court
Appendix "A" School District Student Generation Multiplier
Brevard County Interlocal Agreement — AmpndpdFor Public School Facility Planninq and School
Concurrency June 2ON
2014 Page 48
Appendix "A" School District Student Generation Multiplier
Brevard County SGh9Gl PlaRROR Interlocal Agreement—,AaaeRdedFor Public School Facility Planning and School
Concurrency June 2009
2014 Page 49
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 08/19/2014
Item No.
Subject: Waive the competitive bidding process for the purpose of extending the term
of the existing contract, and approve the Seventh Addendum to Professional Services
Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in
the Amount of $41,344 with Black's Spray Service, Inc. and authorize the City Manager
to execute same.
Department: Public Works Services
Summary: This contract was awarded to Black's Lawn Care and Pest Control, Inc.
(Black's) in 2008 for providing services including fertilization, disease and weed control
of turf areas and the Central Ditch. A contract for pest control services for all City
buildings was awarded to Black's Spray Service, Inc. in 2010. In general, Staff is very
pleased with the services provided by Black's.
Black's proposed unit prices for grounds, weed and pest control and facilities pest
control have not been increased for FY2014-2015. The total cost for all services is
$41,344. Bid tab sheets detailing the proposed costs and services to be provided by
Black's for FY2014-2015 are included in Attachment #1. The Professional Services
Agreement between the City and Black's allows five (5) extensions for one-year periods,
with the current extension set to expire on September 30, 2014. As there are no
extensions left under the existing contract, Staff is requesting that the City Council
waive the competitive bidding for the purpose of extending the contract for additional
terms. Specifically, the proposed Seventh Addendum (Attachment #2) would extend the
contract for an additional one-year term from October 1, 2014 through September 30,
2015, and would also give the parties the option to extend the term of the Agreement for
two (2) additional subsequent one-year periods upon mutual written agreement.
Submitting Department Director: Jeff Ratliff Date: 08/08/2014
Attachments:
#1 - FY2014-2015 Bid Tab Sheets; #2 - Seven Addendum to Professional Services
Agreement
Financial Impact:
$41,344 for the Fertilization, Insect, Disease, Weed Control and Pest Control
Agreement with Black's Spray Service, Inc. funded by City Departments operating
budgets; Staff time and effort to prepare this Agenda Item.
Reviewed by Finance Director: John DeLeo � \I"'— Date: 1?-, - - b l 4
The City Manager recommends that City Coun 'I take the following action(s):
Waive the competitive bidding process for the purpose of extending the term of the
existing contract, and approve the Seventh Addendum to Professional Services
Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in
the Amount of $41,344 with Black's Spray Service, Inc. and authorize the City Manager
to execute same.
Approved by City Manager: David L. Greene �J `�'' Date: �/ /
City Council M eting Date: 08/19/2014
Item No.
Page 2 of 2
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
Tabled to Time Certain
Attachment #1
FY2014-2015 Bid Tab Sheets
Attachment 1
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Attachment #2
Seventh Addendum to Professional Services
Agreement
Attachment 2
SEVENTH ADDENDUM TO
PROFESSIONAL SERVICES AGREEMENT
THIS SEVENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
("Seventh Addendum") is made and entered this day of , 2014 by and
between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose
Principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and
BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is
3625 North Courtenay Parkway, Merritt Island, Florida 32953 ("Contractor").
WITNESSETH:
WHEREAS, the City and Contractor previously entered into a Professional
Services Agreement ("Agreement") for fertilization, insect, disease, and weed control of turf
areas and weed control of the Central Ditch; and
WHEREAS, the Agreement, as amended by several addenda, is scheduled to
terminate on September 30, 2014; and
WHEREAS, the parties mutually desire to extend the term of the agreement as
set forth herein, and the City desires to waive the competitive bidding process for the
purpose of extending the term of the agreement; and
WHEREAS, this Seventh Addendum is in the best interests of the health, safety
and welfare of the citizens of the City of Cape Canaveral; and
NOW THEREFORE, in consideration of the mutual promises contained herein,
the City and Contractor hereby agree as follows:
ARTICLE 1 — RECITALS
The foregoing recitals are hereby deemed true and correct and are hereby incorporated
herein by this reference.
ARTICLE 2 — EXTENSION OF TERM
The City and Contractor hereby agree to extend the term of the Agreement for one (1)
year, commencing on October 1, 2014 and terminating on September 30, 2015. The
parties shall have the option to extend the term of this Agreement for two (2) additional
one-year periods. Any such extension shall be by mutual written agreement of all
parties and shall be executed no less than ninety (90) days prior to the expiration of this
Agreement's current term.
Seventh Addendum to Professional Services Agreement
City of Cape Canaveral / Black's Spray Service, Inc.
Page 1 of 2
Attachment 2
ARTICLE 3 — OTHER PROVISIONS
Any other term or provision of the Agreement not expressly modified by this Seventh
Addendum, or the First, Second, Third, Fourth, Fifth, or Sixth Addenda, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Seventh
Addendum as of the day and year first above written.
Attest:
By:
Angela Apperson, City Clerk
WITNESSES:
Print Name:
Print Name:
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
By:
David L. Greene, City Manager
CONTRACTOR:
Black's Spray Service, Inc.,
a Florida corporation.
By:
Print Name:
Title:
Seventh Addendum to Professional Services Agreement
City of Cape Canaveral / Black's Spray Service, Inc.
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 08/19/2014
Item No. -5--
Subject:
Subject: Approve Second Addendum to Professional Services Agreement for Mowing
and Landscaping Services in the amount of $186,930 with JB's Lawn Control, Inc. and
authorize the City Manager to execute same.
Department: Public Works Services
Summary: This Contract was awarded to JB's Lawn Control, Inc. (JB's) in September
2012 for providing mowing and landscaping services of City landscaped areas, rights-
of-way, water reclamation plant, lift stations and the mowing/slope mowing of the
Central Ditch. In general, Staff is pleased with the services provided by JB's.
JB's proposed unit prices have not been increased for FY2014/2015. However, the total
contract amount has increased slightly due to mowing services required at the City's
new Fire Station. FY2014/2015 Bid Tab Sheets have been updated with the additional
area/pricing and are included as Attachment #1. In summary, FY2013/2014 costs will
total significantly less than the budget of $185,390; FY2014/2015 costs will increase by
$1,540 for a total budget of $186,930. Note that the total annual contract amount is
typically not billed by JB's due to weather-related disruptions to the mowing schedule.
The Professional Services Agreement between the City and JB's allows extensions for
one-year periods — the First Addendum to the Agreement expires on September 30,
2014. The Second Addendum to Professional Services Agreement (Attachment #2)
extends the period for one year to September 30, 2015.
Submitting Department Director: Jeff Ratliff -��"`" Date: 08/08/14
Attachments:
#1 — FY2014/2015 Bid Tab Sheets
#2 - Second Addendum to Professional Services Agreement
Financial Impact: $186,930 for the mowing/maintenance of City landscaped areas,
rights-of-way, water reclamation plant, lift stations and the mowing/slope mowing of the
Central Ditch and other areas with JB's Lawn Control, Inc. funded by City Departments
operating budgets. Staff time and effort to prepare.. this Agenda Item.
Reviewed by Finance Director: John DeLeo/ /t/
Date: 2/
/1
The City Manager recommends that City Council take the following action:
Approve Second Addendum to Professional Services Agreement for Mowing and
Landscaping Services in the amount of $186,930 with JB's Lawn Control, Inc. and
authorize the City Manager to execute same.
Approved by City Manager: David L. Greene "3-14 Date: SIR / 41
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
FY2014/2015 Bid Tab Sheets
Attachment #2
Second Addendum to Professional Services
Agreement
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Second Addendum to
dd.. is P #
Attachment 2
SECOND ADDENDUM TO
PROFESSIONAL SERVICES AGREEMENT
THIS SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
("Second Addendum") is made and entered this day of , 2014 by and
between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose
Principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and
JB'S LAWN CONTROL, INC., a Florida corporation, whose principal address is 3655
S. Hopkins Ave., Titusville, Florida 32780 ("Contractor").
M,111iil4*1411i1:a
WHEREAS, the City and Contractor previously entered into a Professional
Services Agreement and First Addendum thereto ("Agreement") for mowing and
maintenance of City landscaped areas, rights-of-way, water reclamation plant, lift
stations, and the Central Ditch; and
WHEREAS, the Agreement is scheduled to terminate on September 30, 2014;
and
WHEREAS, Article 3 of the Agreement provides that the parties may agree to
extend the term of the Agreement for an additional one-year period; and
WHEREAS, the City and Contractor mutually desire to extend the term of the
Agreement, as set forth herein.
WHEREAS, this Second Addendum is in the best interests of the health, safety
and welfare of the citizens of the City of Cape Canaveral; and
NOW THEREFORE, in consideration of the mutual promises contained herein,
the City and Contractor hereby agree as follows:
ARTICLE 1 — RECITALS
The foregoing recitals are deemed true and correct and are hereby incorporated herein
by this reference.
ARTICLE 2 — EXTENSION OF TERM
The City and Contractor hereby agree to extend the term of the Agreement for one (1)
year, commencing on October 1, 2014 and terminating on September 30, 2015.
Second Addendum to Professional Services Agreement
City of Cape Canaveral / JB's Lawn Control, Inc.
Page 1 of 2
Attachment 2
ARTICLE 3 — PAYMENT OF CONTRACTOR
Contractor's proposed unit prices have not been increased for FY2014/2015.
FY2013/2014 costs totaled $185,390. FY 2014/2015 costs will increase by $1,540 for a
new total of $186,930.
ARTICLE 4 — OTHER PROVISIONS OF AGREEMENT. Any other term or provision of
the Agreement and First Addendum not expressly modified by this Second Addendum
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second
Addendum as of the day and year first above written.
Attest:
0
Angela Apperson, City Clerk
WITNESSES:
Print Name:
Print Name:
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
M
David L. Greene, City Manager
CONTRACTOR:
JB's Lawn Control, Inc.,
a Florida corporation.
0
Print Name:
Title:
Second Addendum to Professional Services Agreement
City of Cape Canaveral / JB's Lawn Control, Inc.
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/19/2014
Item No. 6
Subject: Award Branding RFP #2014-01 and approval of an expenditure of 50% of the
cost, or $15,000 of Branding Contract with Prismatic; authorizing the City Manager to
execute same.
Department: Community and Economic Development
Summary:
In response to RFP # 2014-01(see Attachment 1), the City distributed twenty-one (21)
RFP packets to potential bidders for the purpose of developing a City Branding Initiative
to increase the overall awareness and positive perception of the City; engage the
residents and businesses to market the City internally and externally as a vibrant,
attractive place in which to live, work, play, learn, invest and visit.
On June 17, 2014, the Business and Economic Development Board met and ranked the
top three responses from a pool of five. On June 30, 2014, the RFP Review Committee
interviewed the top three Finalists and selected Prismatic as the top firm. A Contract
has been negotiated to formalize the salient business points (see Attachment 2).
The Community Redevelopment Agency (CRA) Board has ratified the selection of the
Finalist and has approved an expenditure of CRA funds in an amount of 50 percent of
the Contract cost, or $15,000.
City Council is requested to approve a matching expenditure in an amount of 50 percent
of the Contract cost, or $15,000; and authorize the City Manager to approve the
Contract with Prismatic.
The amount has been budgeted by both the CRA and the City.
rfr_
Submitting Department Director: Todd Morle Date: 08/12/14
Attachments:
1 - RFP # 2014-01
2 - Prismatic Contract
Financial Impact: $30,000 consisting of equal payments from the CRA and the City of
Cape Canaveral. Staff time and effort to prepare this Agenda Item.
Reviewed by Finance Director: John DeLeo r� Date:
The City Manager recommends that City Council take the following action(s):
Award Branding RFP #2014-01 and approval of an expenditure of 50% of the cost, or
$15,000 of Branding Contract with Prismatic; authorizing the City Manager to execute
same.
Approved by City Manager: David L. Greene 01-12- Date: litallIq
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
City of Cape Canaveral
REQUEST FOR PROPOSAL # 2014-01
CONSULTING SERVICES FOR
CITY OF CAPE CANAVERAL / CITY OF CAPE CANAVERAL
COMMUNITY REDEVELOPMENT AGENCY
BRANDING INITIATIVE
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
MAY, 2014
ISSUE DATE:
PROPOSALS
CONTACT PROJECT MANAGER: TODD MORLEY
5/28/14
MUST BE
PHONE NUMBER: (321) 868-1222
110 Polk Ave.
RECEIVED PRIOR TO
FAX: (321) 868-1247
Cape Canaveral, FL 32920
3:00 P.M. ON: 6/10/14
E -Mail: t.morley@cityofcapecanaveral.org
PLEASE COMPLETE THE FOLLOWING AND SUBMIT THIS FORM WITH YOUR PROPOSAL
Vendor Name:
Address:
City, State, Zip:
If submitting a "NO RESPONSE", state reason:
Phone Number:
Fax Number:
E -Mail Address:
FEIN Number:
Response packages shall be mailed or hand -delivered to the Office of the Project Manager, located at 110
Polk Ave. Cape Canaveral, Florida 32920. Responses received after the specified time and date will not
be accepted. The City will not be responsible for mail delays, late or incorrect deliveries.
One (1) original (MARKED "ORIGINAL") and eight (8) copies of all responses and required
attachments must be executed and submitted in a sealed envelope. Respondent shall mark response
envelope, RFP #2014-01, "CONSULTING SERVICES FOR CITY OF CAPE CANAVERAL /
CITY OF CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY BRANDING
INITIATIVE". Respondent name and address must be clearly identified on the outside of the envelope.
Authorized Signature
Printed Name & Title
Date
Page 1 of 15
Title (typed or printed)
Attachment 1
REQUEST FOR PROPOSAL
CONSULTING SERVICES FOR CITY OF CAPE CANAVERAL
CITY BRANDING INITIATIVE
TABLE OF CONTENTS
SECTION I
Introduction.............................................................................................3
Standard Terms & Conditions.....................................................................4
SpecialConditions....................................................................................6
Standard Insurance Requirements...................................................................8
Contractor's Liability Insurance....................................................................8
SECTION II
General Information ........................................................................................9
Scopeof Services......................................................................................9
A. Purpose...................................................................................9
B. Qualifications...........................................................................1 0
C. Background..............................................................................10
D. Services Required.......................................................................10
Minimum Respondent Requirements.............................................................11
SECTION III
ProposalSubmittals.................................................................................1 2
SECTION IV
RFPTime Line......................................................................................13
Evaluation Procedure...............................................................................13
Criteria................................................................................................1 4
SelectionProcess....................................................................................1 4
Page 2 of 15
SECTION 1
INTRODUCTION
Attachment 1
The City of Cape Canaveral (hereinafter referred to as "City") is requesting Proposals to contract for
Consulting Services for THE CITY OF CAPE CANAVERAL CITY BRANDING INITIATIVE.
The primary goals/objectives to be achieved by the City Branding Initiative include, but are not limited
to:
• Uniformity - The brand should convey a common message and image to audiences both within and
outside the City of Cape Canaveral.
• City Identity/Pride — Identify and promote what makes the City of Cape Canaveral distinct and
appealing in a nationally and regionally competitive environment for investors, businesses,
retailers, tourists, visitors, and residents.
• Tourism, Trade, and Economic Development Promotion — Promote a healthy economy, attract
private investment, new residents, and retain key businesses and creative talent. A defined message
that will market the City of Cape Canaveral locally, statewide, nationally, and internationally as a
great place to live, work, and play; the right place for development, redevelopment and investment;
the perfect mix for a residential and business -friendly City; and a preferred destination place for
tourists and visitors.
• Flexibility - The brand must be flexible and adaptable in order to meet the needs of a variety of
Departments and municipal functions within the City as well as groups and businesses within the
City in their specific marketing initiatives, while maintaining consistency with the overall brand.
• Endorsement - The brand must be authentic and resonate with citizens, businesses, and City
groups within the City of Cape Canaveral in order to gain the broadest possible support for the
initiative.
RFP DUE DATE & TIME: Proposal packages shall be mailed or hand -delivered to the Office of the
Project Manager, located at 110 Polk Ave., Cape Canaveral, Florida 32920. Packages are to be received
NO LATER THAN 3:00 P.M. 6/10/14. Packages received after the specified time and date will not be
accepted. The City will not be responsible for mail delays, late or incorrect deliveries. The clock located
in the Office of Project Manager will be the official authority for determining late responses.
All RFP information and required attachments must be executed and submitted in a sealed envelope.
Respondent shall mark envelope RFP #2014-01 "CONSULTING SERVICES FOR CITY OF CAPE
CANAVERAL CITY BRANDING INITIATIVE". Respondent's name and return address must be
clearly identified on the outside of the envelope.
These documents constitute the complete set of terms and conditions, specification requirements, and
forms. Any additional information must be attached to this RFP or the respondent may be disqualified.
Respondents shall submit nine (9) complete sets [one (1) original (marked "ORIGINAL"), and eight (8)
copies] of their response, complete with all supporting documentation. Responses submitted by facsimile
or electronically will NOT be accepted. Responses which do not comply with these requirements may be
rejected at the option of the City. It is the respondent's responsibility to ensure that Proposal submittals
are in accordance with all addenda issued. Failure of any respondent to receive any such addenda or
interpretation shall not relieve such respondent from its terms and requirements.
Responses not submitted in the format set forth herein shall be rejected unless otherwise explained in the
response documents. If a Proposer wishes not to submit a Proposal, complete and return the "NO
RESPONSE" form on pg. 1.
Page 3 of 15
Attachment 1
For information concerning procedure for responding to this Request for Proposal (RFP), contact Todd
Morley, Project Manager, at (321) 868-1222 ext. 14. Such contact is to be for clarification purposes only.
Material changes, if any, to the scope of services or respondent procedures will only be transmitted by
written addendum.
All questions about the meaning or intent of the RFP Documents shall be submitted in writing and
directed to the City of Cape Canaveral, 110 Polk Ave. Cape Canaveral, FL 32920, Attention: Todd
Morley, Project Manager. Questions may also be sent via fax at (321) 868-1247 or e-mail at
t.morley@cityofcapecanaveral.org. Questions received less than five (5) calendar days prior to the due
date for the responses will not be answered. Only questions answered by formal written addenda will be
binding. Oral and other interpretations or clarifications will be without legal effect and may not be relied
upon by respondent in submitting their response.
STANDARD TERMS & CONDITIONS
ACCEPTANCE AND REJECTION - The City reserves the right to accept or reject any and all responses
and to accept the response which best serves the interest of the City of Cape Canaveral. The City may
award sections individually or collectively, whichever is in its best interest, unless the respondent only
intends to respond for the contract in its entirety.
ASSIGNMENT - Neither the contract nor payment due may be assigned.
AWARD - Award shall be made to the consultant who demonstrates technical capability while most
closely meeting the city's needs according to the criteria designated in the solicitation.
BOARD — As referenced herein, "Board" shall mean the Cape Canaveral Business and Economic
Development Board.
CONFLICT OF INTEREST - The respondent certifies that this response has not been arrived at
collusively or otherwise in violation of federal, state or local laws. Any purchase order, check requisition
or contract from which any agent, officer or employee of the city or any relative thereof, will realize a
financial gain, directly or indirectly, shall be void.
DISCRIMINATION STATEMENT: An entity or affiliate placed on the Discriminatory Vendor List may
not submit a response for a contract to provide goods or services to a public entity, may not submit a
response on a contract with a public entity for the construction or repair of a public building or perform
any public work, may not submit Proposals for leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under any contract with any public
entity, and may not transact business with any public entity.
ECONOMY OF PREPARATION: The responses should be prepared simply and economically, providing
a straightforward, concise description of the respondent's qualifications and ability to fulfill the
requirements of the RFP.
F.O.B. POINT — If necessary, products are to be shipped F.O.B. to the department and address as
identified on Purchase Orders.
INFORMALITIES - The City of Cape Canaveral reserves the right to both waive any minor informality
in responses and to determine, in its sole discretion, whether or not an informality is minor.
INFORMATION AND LITERATURE - Respondents are to furnish all information and literature
requested. Failure to do so may be cause for rejection.
Page 4 of 15
Attachment 1
INVOICES - Invoices should be sent in duplicate to the City of Cape Canaveral, Accounts Payable
Division, 105 Polk Ave. Cape Canaveral, FL 32920. Invoices may also be submitted electronically to
invoices@cityofcapecanaveral.org. It is understood and agreed that orders and services shall be shipped
and performed at the established contract prices. Invoicing in variance with this will subject the contract
to cancellation.
NON-DISCRIMINATION - The successful respondent will comply with all federal and state
requirements concerning fair employment and will not discriminate by reason of race, color, age, religion,
sex, national origin or physical handicap.
PATENTS AND COPYRIGHTS - The respondent will agree to hold harmless the City of Cape
Canaveral, its officers, agents and employees from liability of any kind, including cost and expenses, with
respect to any claim, action, cost or judgment for patent or copyright infringements.
PAYMENTS - Upon acceptance of work by the using department of the City, employees and others, the
City shall make payment to the Contractor in accordance with the Florida Prompt Payment Act, Section
218.70, Florida Statutes. The City reserves the right, with justification, to partially pay any invoice
submitted by the Contractor when requested to do so by the using City department. All invoices shall be
directed to the Accounts Payable Section, City of Cape Canaveral, 105 Polk Ave. Cape Canaveral, FL
32920. Invoices may also be submitted electronically to invoices@cityofcapecanaveral.org.
PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the Convicted Vendor List
following a conviction for a public entity crime may not submit a response on a contract to provide any
goods or services to a public entity, may not submit a response on a contract with a public entity for the
construction or repair of a public building or perform any public work, may not submit a response for
leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the Convicted Vendor
List.
PUBLIC RECORDS: Florida law provides that municipal records shall at all times be open for personal
inspection by any person. Section 119.01 F.S., The Public Records Law. Information and materials
received by the City in connection with an RFP response shall be deemed to be public records subject to
public inspection upon award, recommendation for award, or 30 days after opening, whichever occurs
first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07,
F.S. If the respondent believes any of the information contained in his or her response is exempt from the
Public Records Law, then the respondent must in his or her response, specifically identify the material
which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat
all materials received as public records.
RFP REVIEW COMMITTEE - As referenced herein, the "RFP Review Committee" shall mean the
Chairman of the Cape Canaveral Business and Economic Development Board, the Chairman of the City
of Cape Canaveral Community Redevelopment Agency, the City's Community and Economic
Development Director, the City's Planning and Zoning Director, and one member of the City's
Administrative Services Department.
SEVERABILITY — The invalidity of unenforceability of any particular provision of this RFP shall not
affect the other provisions hereof and this RFP shall be construed in all respects as if such invalid or
unenforceable provision was omitted.
TAX EXEMPTIONS - The City of Cape Canaveral is tax exempt. The City of Cape Canaveral's tax-
exempt number is 85-8012739654C-0.
Page 5 of 15
Attachment 1
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its obligations under this Agreement, or if the Contractor shall violate any of the
provisions of this Agreement, the City may, upon written notice to the Contractor, terminate the right of
the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which
there has been default, and may hold the Contractor liable for any damages caused to the City by reason
of such default and termination. In the event of such termination, any completed services performed by
the Contractor under this Agreement shall, at the option of the City, become the City's property and the
contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction
of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained
by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any
payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the
City from the Contractor can be determined.
TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by
the City, in its sole discretion, to cancel the contract by giving written notice to the Contractor thirty (30)
days prior to the effective date of such cancellation.
TIME FOR CONSIDERATIONS - Proposals will be irrevocable after the time and date set for the
opening of Proposals and for a period of ninety (90) days thereafter.
TRADE SECRETS - Respondents should not send trade secrets. If, however, trade secrets are claimed by
any respondent, they will not be considered as trade secrets until the City is presented with the alleged
secrets together with proof that they are legally trade secrets. The City will then determine whether it
agrees and consents that they are in fact trade secrets. If a respondent fails to submit a claim of trade
secrets to the City before obtaining the City's agreement, any subsequently -claimed trade secrets will be
treated as public records and will be provided to any person or entity making a public records request for
the information (F.S. 119.01).
SPECIAL CONDITIONS
ADDENDUM AND AMENDMENTS TO REQUEST FOR PROPOSAL: If it becomes necessary to
revise or amend any part of this Request for Proposal, the City will furnish the revision by written
Addendum to all prospective respondents who are recorded with the City as having received an original
Request for Proposal.
COMMITTEE MEETINGS/PRESENTATIONS INFORMATION: The Notice of Committee
Meetings/Presentations is posted at least seventy-two (72) hours in advance of such
meetings/presentations. Proposers are responsible to check the following locations for updates on this
proposal's status: on the bulletin board located outside the building in front of the main lobby of the City
Hall building at 105 Polk Ave. Cape Canaveral, FL 32920; or on the City's Web Page
http://www.cityofcapecanaveral.org, under the Economic Development Department.
COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: The submission of this
response to the Request for Proposal constitutes a contractual agreement, at the option of the awarded
contractor, for the same prices, terms and conditions, to other governmental and quasi -governmental
agencies, political subdivisions, counties and cities at the agreement of both parties.
INDEMNIFICATION STATEMENT — By submitting a response document signed by an authorized
agent of the respondent, respondent acknowledges and accepts the terms and conditions of the following
Indemnification Statement in the event of contract award:
"For other and additional good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Contractor shall indemnify, hold harmless and defend
Page 6 of 15
Attachment 1
the City of Cape Canaveral, its officers, agents, officials, representatives, employees and
the City of Cape Canaveral Community Redevelopment Agency its officers, agents,
officials, representatives, employees (hereinafter the "City") against any and all liability,
loss, cost, damages, expenses, claim or actions, of whatever type, including but not
limited to attorney's fees and suit costs, for trial and appeal, which the City may hereafter
sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or
omission of Contractor, its agent(s), vendors, contractors, subcontractor(s),
representatives, servants, or employees in the execution, performance or non-
performance or failure to adequately perform contractor's obligations pursuant to this
contract."
LIMITATION OF LIABILITY STATEMENT — By submitting a response document signed by an
authorized agent of the respondent, respondent acknowledges and accepts the terms and conditions of the
following Limited Liability Statement in the event of contract award:
"The CITY desires to enter into this Agreement only if in so doing the CITY can place a
limit on the CITY's liability for any cause of action arising out of the Agreement, so that
the CITY's liability for any breach never exceeds the sum of $100. For other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
CONTRACTOR expresses its willingness to enter into this Agreement with the
knowledge that the CONTRACTOR's recovery from the CITY to any action or claim
arising from the Agreement is limited to a maximum amount of $100 less the amount of
all funds actually paid by the CITY to CONTRACTOR pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement that
may suggest otherwise, CONTRACTOR agrees that the CITY shall not be liable to
CONTRACTOR for damages in the amount in excess of $100, which amount shall be
reduced by the amount actually paid by the CITY to CONTRACTOR pursuant to this
Agreement, for any action or claim arising out of this Agreement. Nothing contained in
this paragraph or elsewhere in this Agreement is in any way intended either to be a
waiver of the limitation placed upon the CITY's liability as set forth in Section 768.28
Florida Statutes, or to extend the CITY's liability beyond the limits established in said
Section 768.28 Florida Statutes; and no claim or award against the CITY shall include
attorney's fees, investigative costs, expert fees, suit costs or pre judgment interest."
PROPOSER EXPENSES - No out -of -scope services shall be provided in the absence of prior, written
authorization in the form of a written supplemental agreement and issuance of an appropriate amendment
to the contract. The City will not pay a retainer or similar fee. The City is not responsible for any
expenses that respondent may incur in preparing and submitting responses called for in this request. The
City will not pay for any out-of-pocket expenses, such as word processing; photocopying; postage; per
diem; travel expenses; and the like, incurred by the respondent. The City will not be liable for any costs
incurred by the respondent in connection with any interviews/presentations (i.e., travel, accommodations,
etc.).
REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION: The respondent shall furnish such
additional information/clarification as the City may reasonably require. This includes, but is not limited
to, information that indicates financial resources as well as the ability to provide and maintain the services
requested. The City reserves the right to make investigations of the qualifications of the respondent as it
deems appropriate including, but not limited to, a background investigation of service personnel.
REQUEST FOR MODIFICATION: The City reserves the right to negotiate a final agreement with the
top ranked respondent(s) to more fully meet the needs of the City.
Page 7 of 15
Attachment 1
TERMS: The contract period shall reflect that amount of time necessary to perform the work and will be
negotiated and finalized prior to award and Notice to Proceed.
STANDARD INSURANCE REOUIREMENTS
The Certificate of Insurance shall be made to the City of Cape Canaveral, 105 Polk Ave. Cape Canaveral,
FL 32920 and shall reference the City of Cape Canaveral / City of Cape Canaveral Community
Redevelopment Agency Branding Initiative. The Certificate of Insurance shall name the City of Cape
Canaveral and the City of Cape Canaveral Community Redevelopment Agency as an additional insured.
Prior to renewal, non -renewal, cancellation, or change or modification of any insurance policy, at least 30
days advance written notice shall be given to the City of Cape Canaveral.
All Certificates of insurance shall be approved by the Project Manager prior to the commencement of any
work. Minimum coverage with limits and provisions are as follows:
CONTRACTOR'S LIABILITY INSURANCE
COMMERCIAL GENERAL LIABILITY INSURANCE MINIMUM REQUIREMENTS FOR
CONTRACTS VALUED AT LESS THAN $15,000:
It is required that individuals and firms contracting with the City of Cape Canaveral, where the total
contract or job value is LESS than $15,000, maintain Commercial General Liability insurance with a
minimum per occurrence limit of not less than $200,000 and with a deductible amount not greater than
$1,000. It is further required that the City of Cape Canaveral be named as an additional insured to the
contractor's CGL policy, and that proof of same in the form of a certificate of insurance be submitted
before work is begun.
COMMERCIAL GENERAL LIABILITY INSURANCE MINIMUM REQUIREMENTS FOR
CONTRACTS VALUED AT $15,000 OR MORE:
It is required that individuals and firms contracting with the City of Cape Canaveral, where the total
contract or job value is $15,000 or MORE, maintain Commercial General Liability insurance with a
minimum per occurrence limit of not less than $1,000,000 and with a deductible not greater than $1,000.
It is further required that the City of Cape Canaveral be named as an additional insured to the contractor's
CGL policy, and that proof of same in the form of a certificate of insurance be submitted before work is
begun.
AUTOMOBILE LIABILITY INSURANCE MINIMUM REQUIREMENTS FOR ALL
CONTRACTS:
It is required that individuals and firms contracting with the City of Cape Canaveral who own licensed
motor vehicles that will be utilized in connection with any City contract or job maintain automobile
liability insurance and submit proof of same in the form of a certificate of insurance before work is begun.
It is further required that individuals and firms contracting with the City of Cape Canaveral who lease,
rent, or borrow licensed motor vehicles that will be utilized in connection with any City contract or job be
required to maintain non -owned or hired automobile liability insurance and submit proof of same in the
form of a certificate of insurance before work is begun.
PROFESSIONAL LIABILITY INSURANCE MINIMUM REQUIREMENTS FOR ALL
PROFESSIONALS AS DEFINED BY FLORIDA STATUTE:
Professionals and professional corporations, associations, and firms who contract with the City of Cape
Canaveral to provide professional services are required to maintain Professional Liability Insurance and
submit proof of same in the form of a certificate of insurance before work is begun.
Page 8 of 15
Attachment 1
WORKERS' COMPENSATION INSURANCE MINIMUM REQUIREMENTS:
It is required that firms employing four or more people who contract with the City of Cape Canaveral
maintain Workers' Compensation Insurance at the statutory limits and employer liability insurance and
submit proof of same in the form of a certificate of insurance before work is begun.
It is required that firms employing less than four people who contract with the City of Cape Canaveral
comply with the exemption and notice provisions of F.S. 440 and maintain employer liability insurance
and submit proof of same in the form of a certificate of insurance before work is begun.
SECTION II
GENERAL INFORMATION
The City of Cape Canaveral is requesting Proposals from qualified consulting firms.
The consulting firm selected will serve as the City's general consultant for its City of Cape Canaveral
Branding Initiative including, but not limited to, the services described below in the Scope of Services.
SCOPE OF SERVICES
A. Purpose
The City requests proposals by qualified firms to research, create, and develop an implementation plan for
a CITY BRANDING INITIATIVE for the City. Responses to this Request for Proposal (RFP) will
provide the City with the information required to assess, evaluate, and select a consultant based on: prior
experience, qualification, methodology and approach, and work performed in similarly sized
communities. It is important to note that this is a City branding initiative rather than an initiative to brand
any one agency or entity. Proposers should be aware that this initiative is a priority for the City and that a
budget of $30,000.00 has been set. This RFP does not include any modification to the Official City Seal
of the City of Cape Canaveral, FL.
The primary goals/objectives to be achieved by the City Branding Initiative include but are not limited to:
• Uniformity - The brand should convey a common message and image to audiences both within and
outside the City of Cape Canaveral.
• City Identity/Pride — Identify and promote what makes the City of Cape Canaveral distinct and
appealing in a nationally and regionally competitive environment for investors, businesses, retailers,
tourists, visitors, and residents.
• Tourism, Trade, and Economic Development Promotion — Promote a healthy economy, attract
private investment, new residents, and retain key businesses and creative talent. A defined message
that will market the City of Cape Canaveral locally, statewide, nationally, and internationally as a
great place to live, work, and play; the right place for development, redevelopment and investment;
the perfect mix for a residential and business -friendly City; and a preferred destination place for
tourists and visitors.
• Flexibility - The brand must be flexible and adaptable in order to meet the needs of a variety of
Departments and municipal functions within the City as well as groups and businesses within the City
in their specific marketing initiatives, while maintaining consistency with the overall brand.
• Endorsement - The brand must be authentic and resonate with citizens, businesses, and City groups
within the City of Cape Canaveral in order to gain the broadest possible support for the initiative.
Page 9 of 15
Attachment 1
B. Qualifications
The consultant should specialize in project management, research, marketing, and creative design as it
relates to development of a City brand. To be eligible to respond to the RFP, the consultant must
demonstrate that it is a firm with experience in branding initiatives and preference will be given to those
firms that have experience with City branding initiatives for a population of less than 20,000.
The City desires to issue a contract to a single qualified Firm to lead the Project. Notwithstanding,
proposals based on a consortium approach where more than one firm will provide support within a
consulting team will be considered.
C. Background
World-wide, the City of Cape Canaveral ("City") is generally perceived as a technological hub due to its
proximity to and long association with the world's most famous space exploration launch facilities.
Associated themes include rocket science, the brightest minds, innovation and discovery in the final
frontier. The area also benefits from four distinct types of transportation ports, including the Kennedy
Spaceport, Port Canaveral, Space Coast International Airport, and several rail -based intermodal yards.
It is located on a barrier island along the Atlantic Ocean approximately midpoint between Miami and
Jacksonville and is slightly over 50 miles east of Orlando. This 1.9 square -mile beach and coastal City is
bounded on the west by the Banana River Aquatic Preserve, on the north by Port Canaveral, on the east
by the Atlantic Ocean, and on the south by the City of Cocoa Beach. Its location also means that the City
is an integral part of the vibrant vacation and residential character of the central beaches area of Brevard
County.
The goal of the City Branding Initiative is to enhance the City image, increase overall awareness and
positive perception of the City, and engage the residents and businesses in the City in a campaign to
market the City internally and externally as a vibrant, attractive City in which to live, work, play, learn,
invest and visit.
D. Services Required
Project Management — The consultant(s) will lead all aspects of The City of Cape Canaveral City
Branding Initiative to include the following:
1. Advisor to the City of Cape Canaveral Committee.
2. Facilitator during the research process and testing of the new brand.
3. Develop project timeline.
4. Research — Research will be the basis for the development of a brand concept, creative elements
and the overall brand initiative. The consultant will create and implement a brand research plan
which may include qualitative and quantitative research to identify the following:
• List of key stakeholders, groups, or influential individuals, as well as a cross section of
citizens and business owners in the city and not excluding those from outside the City that
have a vested interest in the branding initiative and need to be involved in the process.
• The key elements of the City of Cape Canaveral's current story, future vision, history and
overall identity.
Page 10 of 15
Attachment 1
• Analysis of current efforts and existing creative elements such as logos, tag lines, and
creative designs.
• Analysis of competitor marketing strategies.
• Metrics that will be used to determine if the branding effort is successful.
5. Strategic Plan — The consultant will develop strategic objectives that will include
implementation, management and ongoing promotion of the brand to include but not be limited
to the following:
• Promotion of the use of the brand among many City agencies, groups and businesses while
maintaining brand integrity.
• Maintenance and consistency of brand image and messaging while providing suitable
flexibility for the target audiences of the participating agencies.
• Recommendation of ways to articulate the brand; define markets and promotional avenues;
and advise on strategies to better promote and create brand awareness.
6. Creative/Development of Brand — The consultant will develop creative elements which will
include design concepts, logos, messages, tagline, and other products to support the overall
brand initiative. Distinct creative options must be presented, based on the results of the
research. The selected logo design will be delivered with a style manual and guidelines for
use and the capability of use in the following:
• Print and electronic advertising
• Web site design
• Media placement
• Public Relations
• Events
• Templates
• Social Media
7. Implementation Plan — The consultant will develop an action plan for implementation of the
brand in sufficient detail to allow the Committee to understand the approach and work plan. The
Plan should include but not be limited to the following:
• Estimated costs budget associated with the implementation process.
• Proposed timeline for all phases through implementation.
• Recommended positioning logo and brand guidelines.
• Implementation plans for brand identity applications and brand identity maintenance plan.
Critical to the success of the Plan is its usability. It has to be written with clarity and precision.
It has to carry clear and coherent instructions. The Plan must exhibit an understanding of the
needs of its audience while keeping in mind the resources and assets of the parties that will be
responsible for its implementation.
8. Evaluation Plan The consultant will develop a plan for ongoing evaluation of the brand's
effectiveness and reporting of results of the strategy to the City.
MINIMUM RESPONDENT REQUIREMENTS
One (1) original Proposal package and eight (8) copies must be submitted.
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Attachment 1
The City reserves the right to reject any or all Proposals or any portion thereof, with or without cause, to
waive technical errors and informalities, and to accept the firm which, in its judgment will best serve the
City.
Qualified firms wishing to respond to this RFP must provide all services described in this document,
whether directly or through sub -consultants. The City reserves the right to approve or disapprove any sub -
consultants. This does not, however, limit the use of qualified sub -consultants.
The successful respondent will appoint one of its employees as the key contact for approval by the City's
Project Manager.
It is the City's belief that the service required is adequately described herein. Therefore, any negotiated
contract which may result from this RFP must include the entire effort required of the respondent to
provide the service described. Specifically, no additional fees shall be allowed for any additional services
performed for any reasons whatsoever except those directly attributable to the City's errors or omissions.
A provision to this effect shall be included in any negotiated contract.
SECTION III
PROPOSAL SUBMITTALS
For the response to be considered, one (1) original marked "ORIGINAL", and eight (8) copies of the
proposal must be received by the City on or before 3:00 P.M. 06/10/14. Respondents must include the
following information and should use the following format when compiling their responses. Sections
shall be tabbed and labeled; pages shall be sequentially numbered at the bottom of the page.
Title Page: Title Page shall show the Request for Proposal subject, title and proposal number; the firm's
name; the name, address and telephone number of a contact person; and the date of the proposal.
Cover Letter: The response shall contain a cover letter signed by a person who is authorized to commit
the Offeror to perform the work included in the RFP and should identify all materials and enclosures
being forwarded in response to the RFP.
Table of Contents: The Table of Contents shall provide a listing of all major topics, their associated
section number, and starting page.
Executive Summary: The Executive Summary section of the submittal shall be limited to five (5)
typewritten pages. The purpose of the Executive Summary is to provide a high-level description of the
Proposer's ability to meet the requirements of the RFP.
General Information: The General Information section of the submittal shall be limited to two (2)
typewritten pages. The purpose of the General Information section is to provide a brief discussion of
Proposer's business history and current purpose/function in the marketplace.
Summary of Qualifications: The Summary of Qualifications section of the submittal shall be limited to
twenty (20) typewritten pages. Indicate the Proposer's background in providing these services to
governmental entities. Provide a listing of comparable client references that are using, or have used, the
Proposer's professional services, (i.e., client name, address, telephone number, contact person and length
of time service was provided). Indicate specifically the members of the firm who will have primary
responsibility for the City's contract. Also indicate all key individuals and their tasks and/or areas of
expertise.
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Attachment 1
Resumes and Attachments: Resumes, examples of creative work, and additional information which the
Proposer feels will assist in the evaluation should be included.
Additional Required Proposal Submittal Materials: Reference Sheets, Copy of Sample Contract,
Addenda, Acknowledgements, Questionnaires, Agreements, etc.
References: Contractor shall provide a minimum of three references for which they are currently or have
provided this type of service/commodity. The format for the three references shall be as follows:
Company Name_
Contact Name and
Address
Phone Number (_ _ _) _ _ _ -
Nature of work performed, duration of contract, and amount of contract.
Start Date:
Completion Date:
SECTION IV
REQUEST FOR PROPOSAL TIME LINE
The anticipated schedule for this RFP is as follows:
Issue Date
Advertised
Deadline for Questions
Responses/Addendum Issued
Submission Deadline
Short List Created
Interviews/Presentations
Final Selection
City Council Consideration
Contract Award
EVALUATION PROCEDURE
05/28/14
05/27/14 & 05/29/14
06/05/14
06/06/14
06/10/14 @ 3:OOPM
06/13/14
Week of 06/23/14
Week of 06/30/14
07/15/14
07/15/14
All responses will be subject to a review and evaluation process as outlined in this Section. It is the intent
of the City that all consultants responding to this RFP who meet the requirements shall be ranked in
accordance with the criteria established in this Section. The City will consider all qualified responses
received in its evaluation and award process.
The City's evaluation criteria will include consideration of, but will not be limited to the following:
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Attachment 1
1. Responsiveness of the consultant related to the Scope of Work;
2. The ability, capability and skill of the consultant to perform the contract;
3. The quality, availability and adaptability of the supplies or contractual services to the particular
use required;
4. The ability of the Proposer to provide future service related to the contract;
5. The sufficiency of the financial resources and ability of the consultant's personnel to perform the
contract or service;
6. Whether the consultant has performed similar contracts within the time specified, without delay or
interference;
7. Consultant must show previous experience with City branding initiatives, if applicable;
8. The character, integrity, reputation, judgment, experience and efficiency of the consultant;
9. The quality of performance of previous contracts;
10. The previous and existing compliance by the Proposer with laws and ordinances relating to the
scope of services;
11. The number and scope of conditions attached to the response;
12. Cost of consultant services to prepare materials outlined in Section II, Paragraph D "Services
Required";
13. Responsiveness and quality of client references; and
14. Such other information as may be secured.
CRITERIA
The following represent the Principal Selection Criteria (and possible points) which will be considered
during the evaluation process. Should a firm not meet the three "Mandatory Elements," its proposal will
be subject to disqualification. Firms meeting all of the Mandatory Elements will have their proposals
evaluated and scored for qualifications.
1) Mandatory Elements
a) The firm has the authority to execute the contract and complies with all applicable Federal, State
and Local Laws (yes/no).
b) The firm has no conflict of interest with regard to any other work performed by the firm for the
City of Cape Canaveral (yes/no).
c) The firm adheres to all instructions in this Request For Proposal (yes/no).
2) Principal Selection Criteria
Qualified Responses will be reviewed for demonstration of the following minimum experience and
qualifications:
a) Do the individuals assigned to the project have experience on similar projects (10 pts.)?
b) Are resumes complete and accurate and do they demonstrate backgrounds that would be desirable
for individuals engaged in the work the project requires (10 pts.)?
c) How extensive is the applicable education and experience of the personnel designated to work on
the project (5 pts.)?
d) How knowledgeable are the Proposer's personnel of the Cape Canaveral/Space Coast area and
how many individuals assigned to this project have worked in this area previously (5 pts.)?
e) How well has the firm demonstrated experience completing similar projects on time and within
budget (10 pts.)?
f) The nature of feedback from previous client references (10 pts.).
SELECTION PROCESS
Review #1 - Individual members of the City of Cape Canaveral Business and Economic Development
Board (Board) will score and rank all complete proposals to determine the three (3) highest ranked firms
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("Finalists"). The average score of the individual members of the Board will be used to determine the
three (3) highest ranked firms ("Short list"). A total of 50 points is possible during this phase of the
selection process. Scoring of the proposals will be based upon the "Principle Evaluation Criteria" as
outlined above and contained in the Scoring Worksheet attached hereto (see Appendix A).
Review #2 — The Committee will notify the Finalists at least twenty one (21) calendar days in advance of
the date and time of the second review. The second review will be limited to the Finalists identified in
Review #1. This second review will be conducted by the RFP Review Committee and will include oral
interviews and an opportunity for the Finalists to make a presentation. Such interviews and presentations
will be voluntary and will provide the Finalists an opportunity to demonstrate their ability to
communicate effectively, efficiently, and to showcase their creative abilities. Scoring will be based upon
the "Principle Evaluation Criteria" as outlined above and contained in the Scoring Worksheet attached
hereto (see Appendix A). A total of 50 points is possible during the second review. Points will not be
awarded in the second review should a Finalist elect not to make a presentation. The interviews and
presentations will be open to the public.
The total of the first review and the second review shall be used to determine a final score — for a total
possible score of 100 points.
The Committee will allot equal time for each Finalist, divided into three sequential parts: 1) presentation
(30 minutes); 2) questions and answers (10-15 minutes); and, 3) open discussion (10-15 minutes).
Oral interviews/presentations will provide an opportunity for the Finalists to demonstrate their ability to
communicate efficiently, effectively and economically, and to showcase their creative abilities. The times
allotted are maximums and no firm will be penalized for using less than the allotted time.
The RFP Review Committee scores will be tabulated to determine the selected Branding Firm. The
selected Firm will be notified within 7 days.
Contract negotiations will subsequently take place with the top ranked firm. Should an acceptable
contract (at the City's sole discretion) not be reached with the top ranked firm, negotiations with the
second ranked firm will commence, and so on. Once an acceptable contract is negotiated it shall be
submitted to the City Manager for approval or denial.
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Attachment 2
PRISMATIC
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered this day of , 2014 by and between the CITY OF CAPE CANAVERAL,
a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral,
Florida, 32920 ("City"), and FORESIGHT DESIGN GROUP, INC., D/B/A PRISMATIC, a
Florida corporation, whose principal address is 745 N. Magnolia Avenue, #301, Orlando,
Florida, 32803 ("Contractor").
WITNESSETH:
WHEREAS, the City recently sought proposals for its "CITY OF CAPE CANAVERAL
COMMUNITY REDEVELOPMENT AGENCY BRANDING INITIATIVE" contract; and
WHEREAS, Contractor submitted the most highly rated proposal in response to the
City's invitation to bid to the satisfaction of the City; and
WHEREAS, the City and Contractor desire to memorialize their understanding
regarding the scope of services to be performed by the Contractor as set forth in this Agreement;
and
WHEREAS, this Agreement is in the best interests of the health, safety and welfare of
the citizens of the City of Cape Canaveral; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the City
and Contractor hereby agree as follows:
ARTICLE 1— RECITALS
The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by
this reference.
ARTICLE 2 — ENGAGEMENT
The City hereby engages Contractor and Contractor hereby agrees to perform the services
outlined in this Agreement for the stated fee arrangement. No prior or present agreements or
representations shall be binding upon any party hereto unless incorporated in this Agreement.
ARTICLE 3 - TERM
This term of this Agreement shall be for SIX (6) months, commencing on September 1, 2014 and
terminating at midnight on March 1, 2015, unless either party chooses to exercise its rights under
Article 28, Termination. The parties shall have the option to extend the term of this Agreement
for an additional six (6) month period. Any such extension shall be by mutual written agreement
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of all parties and shall be executed no less than thirty (30) days prior to the expiration of this
Agreement's current term.
ARTICLE 4 — AGREEMENT ADMINISTRATION
Contractor shall provide the City with the name, position, and contact information for the
individual(s) that will provide general direction of the administration of the Agreement for
Contractor, and who shall act as the Contractor's representative during the performance of this
Agreement. The City's representative during the performance of this Agreement is Todd Morley,
the City's Community and Economic Development Director. Each party to this Agreement
agrees to provide written notification within fifteen (15) days, should the representative of either
party change during the term of the Agreement.
ARTICLE 5 — SCOPE OF SERVICES
Contractor shall do, perform, deliver and carry out, in a professional manner, the type of services
as set forth in Exhibit "A," Scope of Services, attached hereto and fully incorporated herein by
this reference.
ARTICLE 6 — PAYMENT OF CONTRACTOR
The City shall pay to Contractor Thirty -Thousand Dollars and 00/100 ($30,000) for branding
services as described in Exhibit "A," Scope of Services. The Contractor will invoice the City on
a monthly basis. This is a not -to -exceed price Agreement.
Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved
by the Agreement Administrator, indicating that the services being invoiced are in conformity
with the Agreement. The invoices will be sent to the Financial Services Department for payment.
Payments shall be processed consistent with the Florida Local Government Prompt Payment Act.
ARTICLE 7 — TRUTH -IN -NEGOTIATION CERTIFICATE
Signature of this Agreement by the Contractor shall act as the execution of a truth -in -negotiation
certificate certifying that the wage and rates and costs used to determine the compensation
provided for in this Agreement are accurate, complete, and current as of the date of the
Agreement.
ARTICLE 8 — INSURANCE
In the performance of work and services under this Agreement, Contractor agrees to comply with
all federal, state and local laws and regulations now in effect, or hereinafter enacted during the
term of this Agreement that are applicable to Contractor, its employees, agents or subcontractors,
if any, with respect to the work and services described herein.
Contractor shall maintain in full force and effect during the life of the Agreement, Workers'
Compensation insurance covering all employees in performance of work under the Agreement.
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Contractor shall make this same requirement of any of its subcontractors. Contractor shall
indemnify and save the City harmless for any damage resulting to it for failure of either
Contractor or any subcontractor to take out or maintain such insurance.
The following are required types and minimum limits of insurance coverage which the
Contractor agrees to maintain during the term of this Agreement:
COVERAGE MINIMUM LIMITS
General and Auto Liability $500,000 per person/incident
$1,000,000 incident
Professional Liability (if applicable) $1,000,000
Worker's Compensation Statutory
Neither Contractor nor any subcontractor shall commence work under this Agreement until they
have obtained all insurance required under this section and have supplied the City's Agreement
Administrator with evidence of such coverage in the form of a Certificate of Insurance and
endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct
business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of
"A", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports,
unless the City grants specific approval for an exception. All policies provided shall be per
Occurrence, not Claims Made, forms. The Contractor's insurance policies shall be endorsed to
add the City of Cape Canaveral as an Additional Insured. The Contractor shall be responsible for
all deductibles. All of the policies of insurance so required to be purchased and maintained shall
contain a provision or endorsement that the coverage afforded shall not be cancelled, materially
changed or renewal refused until at least thirty (30) calendar days written notice have been given
to the City by certified mail.
ARTICLE 9 — INDEMNIFICATION
For other and additional good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Contractor shall indemnify, hold harmless and defend the City of
Cape Canaveral, its officers, agents, officials, representatives, employees and the City of Cape
Canaveral Community Redevelopment Agency its officers, agents, officials, representatives,
employees (hereinafter the "City") against any and all liability, loss, cost, damages, expenses,
claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for
trial and appeal, which the City may hereafter sustain, incur or be required to pay, arising out of,
wholly or in part, or due to any act or omission of Contractor, its agent(s), vendors, contractors,
subcontractor(s), representatives, servants or employees in the execution, performance or non-
performance or failure to adequately perform Contractor's obligations pursuant to this
Agreement.
ARTICLE 10 — LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action arising out of the Agreement, so that the City's liability for
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any breach never exceeds the sum of $100. For other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Contractor expresses its willingness to
enter into this Agreement with the knowledge that the Contractor's recovery from the City to any
action or claim arising from the Agreement is limited to a maximum amount of $100 less the
amount of all funds actually paid by the City to Contractor pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement that may
suggest otherwise, Contractor agrees that the City shall not be liable to Contractor for damages in
the amount in excess of $100, which amount shall be reduced by the amount actually paid by the
City to Contractor pursuant to this Agreement, for any action or claim arising out of this
Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way
intended either to be a waiver of the limitation placed upon the City's liability as set forth in
Section 768.28 Florida Statutes, or to extend the City's liability beyond the limits established in
said Section 768.28 Florida statutes; and no claim or award against the City shall include
attorney's fees, investigative costs, expert fees, suit costs or pre judgment interest.
ARTICLE 11— SAFETY
Precautions shall be exercised at all times for the protection of all persons (including the City's
employees) and property. The safety provisions of all applicable laws, regulations, and codes
shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be
guarded or eliminated in accordance with the highest accepted standard of safety. The Contractor
and any subcontractors shall comply fully with all requirements of the Occupational Safety and
Health Act (OSHA), and any other pertinent Federal, State or Local Statutes, rules or regulations.
The Contractor and any subcontractors shall bear full responsibility for payment of any fines or
other punishments resulting from violation of any such statutes, rules or regulations.
ARTICLE 12 — NONDISCRIMINATION
The Contractor warrants and represents that it complies with all Federal and State requirements
concerning fair employment and will not discriminate by reason of race, color, religion, sex, age,
national origin or physical handicap.
ARTICLE 13 — DRUG FEE WORKPLACE
In accordance with Florida Statues 287.087, the Contractor warrants that it is a drug free
workplace.
ARTICLE 14 — PUBLIC ENTITY CRIME INFORMATION STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO
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($15,000.00) for a period of 36 months from the date of being placed on the convicted vendor
list.
ARTICLE 15 — EXCUSABLE DELAYS
The Contractor shall not be considered in default by reason of any failure in performances if such
failure arises out of causes reasonably beyond the Contractor's control and without its fault or
negligence. Such causes may include, but are not limited to: Acts of God; natural or public health
emergencies; labor disputes; freight embargoes; and severe weather conditions.
ARTICLE 16 — ARREARS
The Contractor shall not pledge the City's credit or make it guarantor of payment or surety for
any contract, debt, obligation, judgment, lien or any form of indebtedness. The Contractor further
warrants and represents that it has no obligation for indebtedness that would impair its ability to
fulfill the terms of this Agreement.
ARTICLE 17 — WARRANTY
The Contractor warrants that skilled and competent personnel to the highest professional
standards in the field shall perform all services.
ARTICLE 18 — INDEPENDENT CONTRACTOR
The Contractor agrees that it is an Independent Contractor with respect to the services provided
pursuant to this Agreement, and not an employee, agent or servant of the City. All persons
engaged in any of the work or services performed shall at all times, and in all places, be subject
to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control
over the means and manner in which it and its employees perform the work; the City's interest is
in the results obtained. Nothing in this Agreement shall be considered to create the relationship
of employer and employee between the parties.
ARTICLE 19 —ASSIGNMENT
This Agreement may not be assigned without the prior written consent of the City. Any attempt
to assign this Agreement without prior written consent of the City shall render the Agreement
null and void with respect to the attempted assignee.
ARTICLE 20 — SUBCONTRACTORS
No part of this Agreement shall be sublet without the prior written approval of the City. If the
Contractor shall sublet any portion of this Agreement, the Contractor shall be fully responsible to
the City for acts and omissions of a subcontractor, and of persons either directly or indirectly
employed or retained by Contractor. The subcontractor is subject to the same contractual
provision as is Contractor under this Agreement, including but not limited to insurance
requirements, records maintenance, and audit requirements.
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ARTICLE 21— NONWAIVER
No inspection by the City, nor any payment for or acceptance of the whole or part of the items in
this Agreement, nor any extension of time, nor any possession taken by the City of the product or
services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right
to have it fully performed, (3) any power herein reserved to the City or (4) any right to damages
under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of
any other breach.
ARTICLE 22 — CONTINGENT FEES.
The Contractor warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual or firm, other
than a bona fide employee working solely for the Contractor, any fee, commission, percentage,
gift or any other consideration contingent upon or resulting from the award or making of this
Agreement.
ARTICLE 23 — ACCESS AND AUDITS
The Contractor shall maintain records on the City's projects, in accordance with generally
accepted accounting practices to substantiate all invoiced amounts. Said records will be available
to the City during the Contractor's normal business hours for a period of two (2) years after the
Contractor's final invoice for examination to the extent required to verify the direct costs
(excluding established or standard allowances and taxes) incurred herein. Should such an audit
by the City reveal monies owed to the City, the Contractor shall reimburse the City for the cost
of the audit and pay the principal overcharge amount owed the City plus interest accrued at the
prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal
overcharge amount revealed in the audit for the period from the original payment due date(s) to
the payment by the Contractor of all monies owed.
ARTICLE 24 — ENTIRE GREEMENT
The City and the Contractor agree that this Agreement sets forth the entire agreement between
the parties, and that there are no promises or understandings other than those stated herein.
ARTICLE 25 — INTEGRATION, MODIFICATION
The drafting, execution, and delivery of this Agreement by the Parties has been induced by no
representations, statements, warranties, or agreements other than those expressed herein. This
Agreement embodies the entire understanding of the parties, and there are no further or other
agreements or understandings, written or oral, in effect between the parties relating to the subject
matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be
made in writing signed by both parties.
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ARTICLE 26 — SEVERABILITY
If a word, sentence, phrase, clause or paragraph herein shall be declared illegal, unenforceable,
or unconstitutional, the said word, sentence, phrase, clause or paragraph shall be severed from
this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or
unconstitutional word, sentence, phrase, clause or paragraph did not exist.
ARTICLE 27 — NOTICE
All notices required in the Agreement shall be sent by certified mail, return receipt requested,
and if sent to the City, shall be mailed to:
City of Cape Canaveral
Attention: City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
(321) 868-1230 Phone
(321) 868-1224 Fax
And if sent to the Contractor, shall be mailed to:
Prismatic
Attn:
745 N. Magnolia Avenue
#301
Orlando, Florida, 32803
Phone
Fax
ARTICLE 28 — TERMINATION
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner its obligations under this Agreement, or if the Contractor shall violate
any of the provisions of this Agreement, the City may, upon written notice to the Contractor,
terminate the right of the Contractor to proceed under this Agreement, or with such part or parts
of the Agreement as to which there has been default, and may hold the Contractor liable for any
damages caused to the City by reason of such default and termination. In the event of such
termination, any completed services performed by the Contractor under this Agreement shall, at
the option of the City, become the City's property and the Contractor shall be entitled to receive
equitable compensation for any work completed to the satisfaction of the City. The Contractor,
however, shall not be relieved of liability to the City for damages sustained by the City by reason
of any breach of the Agreement by the Contractor, and the City may withhold any payments to
the Contractor for the purpose of setoff until such time as the amount of damages due to the City
from the Contractor can be determined.
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TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as
determined by the City, in its sole discretion, to cancel the contract by giving written notice to
the Contractor thirty (30) days prior to the effective date of such cancellation.
ARTICLE 29 — EXCLUSIVITY
This is not an exclusive Agreement. The City may, at its sole discretion, contract with other
entities for work similar to that to be performed by the Contractor hereunder.
ARTICLE 30 — GOVERNING LAW & VENUE
This Agreement is made and shall be interpreted, construed, governed, and enforced in
accordance with the laws of the State of Florida. Venue for any state action or litigation shall be
Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida.
ARTICLE 31—ATTORNEY'S FEES
If any legal action or other proceeding is brought for the enforcement of this Agreement, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not
taxable as court costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party
or parties may be entitled.
ARTICLE 32 — SOVEREIGN IMMUNITY
Notwithstanding any other provision set forth in this Agreement, nothing contained in this
Agreement shall be construed as a waiver of the City's right to sovereign immunity under section
768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state
or federal law. As such, the City shall not be liable under this Agreement for punitive damages
or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than two hundred thousand dollars
($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid by the state or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This
paragraph shall survive termination of this Agreement.
ARTICLE 33 - CORPORATE REPRESENTATIONS BY CONTRACTOR
Contractor hereby represents and warrants to the City the following:
a. Contractor is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on
the functions and operations set forth in this Agreement.
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b. The undersigned signatory for Contractor has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable
exhibits thereto, and the execution, delivery, and performance hereof by Contractor has
been duly authorized by the board of directors and/or president of Contractor. In support
of said representation, Contractor agrees to provide a copy to the City of a corporate
certificate of good standing provided by the State of Florida prior to the execution of this
Agreement.
c. Contractor is duly licensed under all local, state and federal laws to provide the work
stated in the Scope of Services set forth in Exhibit "A". In support of said representation,
Contractor agrees to provide a copy of all said licenses to the City prior to the execution
of this Agreement.
ARTICLE 34 - PUBLIC RECORDS
In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents,
transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to this Agreement or in connection with any funds
provided by the City pursuant to this Agreement may be considered public records pursuant to
Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records
that ordinarily and necessarily would be required by the City in order to perform the services
required by this Agreement. Contractor also agrees to provide the public with access to public
records on the same terms and conditions that the City would provide the records and at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law. Contractor shall also ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by
law. In addition, Contractor shall meet all requirements for retaining public records and transfer,
at no cost, to the City all public records in possession of the Contractor upon termination of this
Agreement and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be provided
to the City in a format that is compatible with the information technology systems of the City. If
Contractor does not comply with a public records request, the City shall have the right to enforce
the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions
of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City
suffers a third party award of attorney's fees and/or damages for violating the provisions of
Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of this
Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees
and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor.
And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees
and damages which the City was required to pay a third party because of Contractor's failure to
comply with the provisions of this Paragraph. This Paragraph shall survive the termination of
this Agreement.
ARTICLE 35 - HEADINGS - Paragraph headings are for the convenience of the parties only
and are not to be construed as part of this Agreement.
Professional Services Agreement
City of Cape Canaveral /Prismatic
Page 9 of 13
Attachment 2
ARTICLE 36 - WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any
term or provision of this Agreement shall not be considered a waiver of that term, condition, or
provision in the future. No waiver, consent, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
each party hereto. This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be considered an original agreement; but such
counterparts shall together constitute but one and the same instrument.
ARTICLE 37 - DRAFTING — City and Contractor each represent that they have both shared
equally in drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
Attest:
Angela M. Apperson, MMC, City Clerk
WITNESSES:
Print Name:
Print Name:
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
0
David L. Greene, City Manager
CONTRACTOR:
Foresight Design Group, Inc., d/b/a
Prismatic
a Florida corporation.
M.
Print Name:
Title:
Professional Services Agreement
City of Cape Canaveral /Prismatic
Page 10 of 13
EXHIBIT "A"
SCOPE OF SERVICES
A. Services
Attachment 2
Stage 1: Absorb — weeks 1-2
• Project kick-off meeting to discuss all aspects of the project including (but not limited
to) timeline, budget, internal and external factors, goals, partnerships, development
plan, programming, possibilities for early public engagement, knowns and
unknowns, any specific vision that may exist which could influence the brand
• Explore desire for crowdsourcing and community engagement at strategic junctures
in the brand's creation and launch
• Material review/submittal SOP and regular meeting schedule (weekly
recommended)
• Project organization technology and channels that will be used to facilitate our efforts
(Basecamp, email, etc.)
• Discuss what success looks like and any specific metrics we need to focus on within
our assessment stage
• Outline foreseen potential use and implementation requirements of the brand not
subject to software and technology considerations/limitations
• Identification of current City communication channels that can be used to help
engage the community in our efforts
NOTE: It is important to begin forging a relationship with the person(s) who will carry
forward the brand on the City's side as early as possible in our process
Stage 2: Study — weeks 3-6
• Role models, including those we will identify in our efforts which may lend additional
opportunities for research, ideas, and analysis of possibilities for the brand,
crowdsourcing and launch activities
• Current marketing, branding and public relations/communication plans
• Commissioned or available market studies and research and identify research and
data points needed
• Interviews with community/business/City stakeholders
• Analysis of competitors
• Analysis of current efforts and creative elements
Stage 3: Conceive — weeks 7-14
• Strategic objectives outline to include brand implementation, management, and
continued promotion of the brand
• Plan for reviewing and assessing analytics and metrics to determine the success of
our efforts
• Identification of recommended materials to facilitate the launch of the brand and
support marketing
• Creative brief that will serve as the foundation for creative concepts; consider this
the preface and introduction for the story of the brand.
Professional Services Agreement
City of Cape Canaveral /Prismatic
Page 11 of 13
Attachment 2
Keywords and mood boards to help express the tone of the brand
Crowdsourcing concepts
Target audience identification including personal vignettes
Stage 4: Engage — weeks 7-23
• Crowdsourcing, polling, voting initiatives that engage the public in helping shape the
City's brand
• Focus group testing (if needed since we anticipate crowdsourcing may supplant the
need for traditional focus groups while also reaching a broader audience)
• Branding charrettes with client team and identified stakeholders and influencers
NOTE: Duration and timing of crowdsourcing is to be determined because it is based on
our strategy and concepts for crowdsourcing
Stage 5: Create — weeks 15-23
• Brand platform: visuals, color palettes, font selections, brand story, key messages,
tagline, keywords
• Video: sizzle reel for the City that can be used in marketing and outreach efforts and
online via the City's website and all social media platforms
• Facebook branding
• Brand standards manual with guidelines for cohesive use
Stage 6: Launch — week 24
• Implementation plan is activated
• Remain available to assist in additional capacities as deemed necessary by the City
to support and achieve the launch (implementation) plan
NOTE: Due to the nature of crowdsourcing, the new brand's "launch" will actually begin
through more of a natural, organic introduction through community engagement
activities brought forth
Stage 7: Sustain
• Evaluation plan is activated and reporting on the effectiveness of the brand to the
City
• Remain proactive and vigilant in seeking out new opportunities to promote the City,
activate the brand, and enhance promotion efforts
B. Compensation
The City of Cape Canaveral has set forth a budget of $30,000.00 as outlined in the
RFP. This Scope of Services outlined in this document will all be provided through this
comprehensive budget, with specific budget allocations being developed within our
strategy phase. Our strategy will involve crowdsourcing opportunities designed to
support and nurture community engagement. These precise opportunities are yet to be
determined therefore; we are providing our contract for the full budget amount in
addition to the following general ESTIMATED and APPROXIMATE budget allocations
for the stages of our scope of services.
Professional Services Agreement
City of Cape Canaveral /Prismatic
Page 12 of 13
Attachment 2
NOTE: an hourly rate of $120 for your non-profit status is included (discounted from our
standard rate of $140)
STAGE HOURS APPROXIMATE
Absorb
10
$1,200
Study
30
$3,600
Conceive
38
$4,560
Engage
40
$4,800
Create
95
$11,400
Launch
6
$720
Sustain
10
$1,200
Materials
$2,520 Allowance for supplies and materials needed to support
the Engage stage
Total 229 $30,000
+ Shipping charges (if applicable) will be billed to the client at cost with no additional
mark up.
+ All design charges include up to 3 rounds of standard revisions (unless otherwise
specified) and digital proofs will be provided as PDF files.
+ All rates are subject to change. The proposed estimate is valid for 180 days from the
execution date of this Agreement.
+ Bounced checks will result in a NSF (Non Sufficient Funds) fee.
+ Photography, text, fonts and/or any other media that we are to use based upon client
direction must be supplied to us digitally.
Professional Services Agreement
City of Cape Canaveral /Prismatic
Page 13 of 13
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/19/2014
Item No. %
Subject: Ordinance No. 08-2014; providing for the regulation of signage; providing for
comprehensive amendments to Chapter 94, Signs, of the Code of Ordinances;
amending the signage requirements for the Al Economic Opportunity Overlay District;
providing for repeal of prior inconsistent ordinances and resolutions, incorporation into
the Code, severability, and effective date, first reading.
Department: Community and Economic Development
Summary:
The updated/current Cape Canaveral Sign Code was adopted by Ordinance No. 05-
2009. Through several joint Workshops with the City Council, Planning and Zoning
Board (P&Z Board) and Staff, a draft was adopted which included a significant number
of revisions. Much discussion centered on the height of ground signs, then -coming
technology (LED electronic signs) and the temporary signage needs of small business
owners during an increasingly uncertain economic slowdown. In the years since
adoption of that Ordinance, Staff has observed trends, learned from experience and
discovered loopholes. Staff observations include:
1. The Code requirement that an electronic sign be installed in a monument sign
has resulted in only one such sign (City Hall).
2. An intended incentive, an exception to the above requirement, allowing an
electronic sign cabinet in an existing ground sign provided the ground sign
reduce its height to 15 feet has resulted in only one such conversion (Christ
Lutheran Church).
3. Business owners have commented that electronic sign restrictions (type, height,
maximum display time and general display restrictions) remain too onerous and,
thereby, preclude the investment.
4. Temporary signage remains a needed/desired tool for our business community.
However, the existing regulations have frequently produced a sense of clutter
along our prime business corridor.
The proposed revisions to the Sign Code include:
• Provides definition for "Right -of -Way" and includes a helpful graphic.
• Provides definition for "Warning Sign" and an exemption therefore.
• Provides definition for "Window Lighting" and prohibits same.
• Provides a clarifying revision for the definition of "Window Sign".
• Exempts:
o Signs erected entirely within the confines of a commercial establishment,
provided they cannot be viewed from a public right-of-way.
o Warning signs.
o Temporary signs approved under an outdoor entertainment event permit.
o Any sign erected or temporarily placed by the City or other governmental
City Council Meeting Date: 8/19/2014
Item No. 7
Page 2 of 5
body.
• Prohibits:
o Signs placed on fences or gates, other than warning signs; and
o All temporary signs not specifically authorized.
• Specifies that a permit is required for changes to sign faces and changes to the
name of a business on a sign.
• Authorizes the Administrator to waive permit fees for any temporary off -premise
sign for a new business.
• Modifies temporary signage regulations:
o Removes temporary signs from Table 94-96-1 (the "permanent" sign
table) and presents all temporary sign regulations in their own simplified
table format.
o Limits the number and type of temporary signs.
o Addresses sidewalk encroachment and parking space encroachment
concerns.
• Permits an electronic sign to be installed in either a monument sign (15 ft. max.
height) or a pylon sign (20 ft. max. height).
• Decreases the minimum length of time an electronic message must be displayed
from 7 seconds to 4 seconds and removes the requirement for electronic
messages to change instantly.
• Provides for termination through an amortization schedule of certain non-
conforming signs:
o Abandoned (discontinued) signs,
o Damaged/destroyed signs,
o Signs on Redevelopment Sites,
o Pole signs (must be made into pylon signs),
o Signs located in the visibility triangle and
o Signs of a Temporary Nature which do not meet the requirements of the
new regulations must be removed within 30 days from the effective date of
the Ordinance.
• Provides an incentive to eliminate non -conforming signs. The City Manager is
authorized to waive sign permitting fees for any sign permit application that is
filed for purposes of eliminating or modifying a non -conforming sign and making it
in full compliance with the provisions of this chapter.
• Provides administrator the ability to exempt legally existing non -conforming signs
from the requirements of the chapter related only to height, sign area and
projection from the building, if the sign owner can demonstrate that the non-
conformity is within twenty (20) percent of each specific requirement.
• Allows for a Business Park/Area Multi-user sign to be erected on SR Al A, Center
St. and/or Central Boulevard to provide signage for properties/businesses
located on those respective roads.
City Council Meeting Date: 8/19/2014
Item No. 7
Page 3 of 5
The Planning and Zoning Board reviewed the proposed Sign Code revisions on May 22,
2013, July 10, 2013, August 28, 2013 and October 9, 2013. Those meetings resulted
in several revisions which are incorporated into the proposed Ordinance.
The Board requested that Staff provide a notification procedure to business owners
regarding the revisions. The following methods will be utilized:
1. Staff will create a summary of revisions and post to the City website home page.
2. Notification of all Blackboard Connect subscribers with an address on the C1, C2
and M1 corridors (N. Atlantic Ave., Astronaut Blvd., Central Blvd, Imperial Blvd.,
Commerce St., Brown Cir. and Center St.). The notification will direct subscriber
to the summary of revisions posted on the City website home page.
3. A City Facebook post hyperlinking to the summary of revisions posted on the City
website home page.
4. A City Hall Electronic Sign message directing viewers to the summary of
revisions posted on the City website home page.
5. A mass email to businesses which have provided email addresses to the City
(via BTR database) with an address on N. Atlantic Ave., Astronaut Ave., Central
Blvd, Imperial Blvd., Commerce St., Brown Cir. and Center St. including the
summary as an attachment.
On November 19, 2013 City Council considered Ordinance No. 15-2013. Three
Ordinance modifications were requested and have been made:
1. Minimum dimensions of pole covers,
2. Inclusion of sandwich board signs and
3. Addition of Center Street in the list of
Multi-user Sign.
eligible streets for a Business Park/Area
Although no revisions to window sign regulations were proposed, an Attorney
representing the owner of Beachwave retail store raised concerns related to the
enforcement and interpretation of current window sign regulations. City Council
directed Staff to work with the Property Owner/Attorney to clarify the issues/concerns.
Since then, Staff has worked with the property owner to identify areas of commonality
and compromise. On July 15, 2014, Staff met with the City Attorney and Andre
Anderson, consultant with Planning Design Group, and reviewed window sign
regulations contained within the Economic Opportunity Overlay District (EOOD). It was
determined best to dovetail the window sign issue with the EOOD requirements. The
EOOD actually addresses window transparency and EXPRESSLY allows window
display areas to encourage visual interest. Consistent with the intent and purpose of
display areas, it was determined that the display area should afford more flexibility for
window signage. As such, the proposed code was revised to provide a general rule
City Council Meeting Date: 8/19/2014
Item No. %
Page 4 of 5
under chapter 94, but a more accommodating rule for display areas within the
EOOD. The result is as follows:
1. Window signs are generally prohibited in the City unless allowed under
section 94-4 (6).
2. However, window signs are allowed provided:
(1) they are not prohibited for public safety reasons (e.g. cash register areas);
(2) they are at or below 15 feet from pedestrian grade; and
(3) they do not exceed 25% of the total window glass area at or below 15 feet
for each side of the building or unit unless allowed within a window display
allowed under the EOOD.
3. In the EOOD, window signs are allowed within a display area (3ft x 5ft)
without limitation, except such signs affixed or attached to the window within
the display area cannot exceed 25% of the total window glass area fronting
the display area.
The revision adding the maximum height of a window display area is consistent
with the definition of "ground floor" in the EOOD. See sec. 110-592.
Relevant to the business in question located within the EOOD, interior window
signs would be permitted within a window display area (min. 3 ft x max. 15 ft)
without limitation other than they could not affix the window signs to the glass to
cover more than 25% of the total glass area fronting the display area. Window
signs would be prohibited above 15 feet. The public safety prohibition would also
have to be considered to the extent relevant.
On July 23, 2014, the Planning and Zoning Board heard a status update on the sign
code. No action was requested.
These changes have been incorporated into the renumbered Ordinance No. 08-2014.
Submitting Director: Todd Morley �tyf,^ Date: 7/30/2014
Attachments:
1. P&Z Recommendation,
2. Economic Opportunity Overlay District Excerpted Window Signage and Window
Display Regulations,
3. Proposed Amended Sign Code,
4. Ordinance No. 08-2014
Financial Impact: Cost to prepare this agenda item.
City Council Meeting Date: 8/19/2014
Item No.
Page 5 of 5
Reviewed by Financial Services Director: John DeLeo Y Date: g/l/ly
The City Manager recommends that City Council take the following action:
Approve Ordinance No. 08-2014 at first reading.
Approved by City Manager: David L. Greene Date: $
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
Memo
TO: Todd Morley, Community & Economic Development Director
Barry Brown, Planning & Zoning Director
FROM: Susan L. Chapman, Secretary, Planning & Zoning Board 5A�
THROUGH: R. Lamar Russell, Chairperson, Planning & Zoning Board i af)e
DATE: October 29, 2013
RE: Recommendation to City Council - Ordinance No. XX -2013; providing for the
regulation of signage; providing for comprehensive amendments to Chapter 94, Signs,
of the Code of Ordinances; amending the signage requirements for the Al Economic
Opportunity Overlay District; providing for repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability, and effective date.
At Planning & Zoning Board meetings held on May 22nd, July 10th, September 11 th, and October 9th,
2013, the Board reviewed, held discussions, and recommended changes to the proposed ordinance to
amend the City's sign code. On October 9th, 2013, the Planning & Zoning Board unanimously
recommended that City Council approve the proposed ordinance with incorporation of the Board's
recommended changes.
Attachment 2
Economic Qpportunily Overlay District
Excerpted Window Signage and Window Display Regulations
1. Sec. 110-585. Introduction. The A 1 A EOOD Design Guidelines and Development
Standards set forth in this Article shall be in addition to and not in substitution of the
underlying zoning district regulations and other regulations contained in this Code which
shall also remain applicable to the AIA EOOD. The AIA EOOD Design Guidelines and
Development Standards of this Article will govern development and redevelopment
within the AIA EOOD and will control where conflicts between regulations occur.
2. Sec. 110-651 (a): "A minimum percentage of transparency along a street or primary
travel way for different levels of non-residential uses shall be achieved as follows:
o Ground level retail: 25% of surface area minimum;
3. Sec. 110-651(b) provides: "Transparency of the ground level shall be calculated within
the first 15 feet of the building wall, measured vertically at street level..."
4. Sec, 110-651(d) Windows and Transparency provides: "All ground level windows shall
provide direct views to the building's interior or to a lit display area extending a
minimum of three feet behind the window.
5. Sec. 110-651(f): "A continuous curtain wall of glass which exceeds 30 feet in width and
15 feet in height without intervening vertical and horizontal breaks of at least 24 to 36
inches, shall be prohibited."
Summary:
The FOOD authorizes window display areas to encourage visual interest. One option is a lit
window display with a minimum display area on the first floor of 25% (for retail), a maximum
height of glass area (15 feet) and a maximum width of glass area (30 ft.).
PDF processed with CutePDF evaluation edition www.CutePDF.com
Proposed Amended Sign Code
Chapter 94. SIGNS
ARTICLE 1. IN GENERAL
Sec. 94-1. Definitions.
Attachment 3
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Accent lighting means any method of external illumination
that is intended to draw attention to an integral decorative or architectural feature of the building and not
connected or giving the appearance of any connection to the overall signage of the project. Accent
ligh6ng_shall be reviewed in accordance with Article III of Chaoter 22 of this Code.
Air -inflated devices means attention -getting devices that are inflated with lighter -than -air gas or
are supplied inflation from a blower or fan that, when energized, keep the device erect.
Animated or flashing sign means any sign which uses lights that flash or alternate or which
includes action, motion or illusion of motion, designed electronically, usually to give messages by means
of slight progressive changes. This definition shall also include signs with rotating panels, generally
referred to as tri -vision signs.
Awning means any structure, fixed or capable of being raised or lowered, made of fire resistant
cloth, wood, metal or plastic with or without a metal frame, which protrudes from a building facade as a
roof -like structure and is supported entirely by the building without the use of ground supports.
Bag sign means any temporary sign made of cloth or other materials designed to fit over an
existing sign or structure because the copy area is in the process of being changed or repaired due to
damage.
Balloon display is any balloon anchored on private property for the purpose of advertisement.
Banner sign means any sign having the characters, letters, illustrations or ornamentation applied
to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather signs, flags and
pennants (which do not comply with the definition of flag or pennant under this chapter) but excluding
government flags for the purposes of this chapter, designated to attract attention.
Bulletin board means any permanent sign, not to exceed six feet, attached to a building, and
generally located at a store entrance, for purposes such as posting notices, menus, and other information,
with removable letters, words, numerals, and copy material in a non -electronic manner.
Canopy means any structure other than an awning, made of fire-resistant cloth, wood, metal or
plastic with or without metal or wood frames, attached or detached and supported, in part, or entirely, by
the ground.
Page 1 of 35
Proposed Amended Sign Code
Code enforcement board means a board established in section 2-256 et seq. to enforce this Code.
Community appearance board means a board established in section 22-36 et seq.
Construction board of adjustment means a board established in section 82-32.
Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line,
enclosing the extreme limits of the sign, including all ornamental attachments, insignias, symbols, logos,
trademarks, interconnecting links and the like, and any stripe, frame or border. Sign area does not include
the main support structure of the sign unless used for sign display purposes. The calculation for a double-
faced sign shall be the area of one face only. The calculation for wall signs, if permitted hereunder,
comprises individual letters, numbers, symbols and the like, where the exterior wall of the building upon
which it is affixed acts as the background of the sign, shall be calculated within the smallest regular
geometric figure needed to encompass the sign display.
Dilapidated sign. shall mean a sign including its structure that is damaged, deteriorated, defaced,
abandoned, in a state of disrepair, or illegible.
Digital electronic sign. See Electronic messaging sign.
Discontinued sign shall mean any sign located on real property which has been vacant and
unoccupied for a period of ninety (90) days or more; or any sign face which advertises a service no longer
conducted or product no longer sold upon the premises where the sign is located. Such sign (face and/or
structure) shall be considered nonconforming in accordance with Article N of this ChUter.
Edge of pavement shall mean the hard -surfaced (e.g. asphalt, concrete, macadam, marl, pavers,
etc.) edge of an existing street in the right-of-way excluding the curbing.
Electric discharge tubing (neon or fluorescent) shall mean an illumination system using an
electrified inert gas (such as neon), placed inside clear or colored transparent tubes, which can be bent
into various letters, designs and shapes.
Electronic messaging signs shall mean a sign on which the copy changes automatically by
electronic means.
Erect means to build, construct, raise, assemble, create, paint, draw, attach, hang, place, suspend,
affix, or in any other way bring into being or establish; but it does not include any of the foregoing
activities when performed as an incident to the customary maintenance or repair of a sign.
Exempt sign means signs exempted from normal permit requirements.
Flag or pennant means the flying of individual national, state, county, city or flags of political
national origin attached to a freestanding pole, mounted on the ground or to flags attached to the facade of
a structure, limited to five in number, provided such flags shall not be used in such a way to attract
Page 2 of 35
Proposed Amended Sign Code
attention of the public for commercial purposes. Flags larger than three feet by five feet shall be
considered signs and shall be calculated as part of the maximum square footage and maximum number of
signs.
Frontage means that portion of a lot or parcel abutting a street right -0f --way. For corner lots or
parcels abutting two or more street rights-of-way, frontage shall be measured only along the dedicated
street right-of-way facing the primary entrance of the principal building located on the lot or parcel.
Ground sign means a sign supported by poles, uprights or braces, visible or enclosed that are
placed in or upon the ground. Ground signs include pole, pylon, and monument signs.
Hanging sign shall mean a sign attached to and extending below a marquee, ceiling, or canopy.
Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a detriment
to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or
which obstructs the visibility of any official traffic -control device or which diverts or tends to divert the
attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access
facilities. No sign shall be erected in such a manner as to obstruct the vision of pedestrians. The use of
flashing, running, or revolving lights in any sign is prohibited. Any sign which by glare or method of
illumination constitutes a hazard to traffic is prohibited. Any sigpwhich displays or incorporates into the
gMphic display any depiction or simulation identical to or similar to those used for officially recognized
traffic sig_nalization. dirmt on or control shall be prohibited.
Marquee sign means a projecting sign attached to or hung from a marquee or such marquee shall
be known to mean a canopy or covered structure projecting from and supported by a building, when such
canopy or covered structure extends beyond the building, building line or property line.
Monument sign shall mean a ground sign which is free standing, supported solely by its own
ground -mounted base and which is not attached or fixed in any way to a building, fence or other structure,
provided that the ground mounted base is substantially equal to or greater than 50 percent the horizontal
dimension of the sign face including any cabinet or any structure within which the sign face is located and
not greater than ten feet in height. Two examples of a monument sign are as follows:
Noncombustible material means a material, which, in the form and thickness in which it is used,
meets any of the following:
Page 3 of 35
Proposed Amended Sign Code
(1) Materials which pass the test procedures for defining noncombustibility of elementary materials
set forth in ASTM E136; or
(2) Materials having a structural base of noncombustible materials as stated in subsection (1), with a
surfacing not more than one-eighth inch thick, which has a flame -spread rating not greater than
50 when tested in accordance with the method of test for surface burning characteristics of
building materials set forth in ASTM E84.
Nonconforming sign means any advertising structure or sign which was lawfully erected and
maintained prior to such time as it came within the purview of this chapter and any amendments thereto,
and which fails to conform to all applicable sections and restrictions of this chapter or any other
applicable provision of the city Code, or a nonconforming sign for which a special permit has been
issued.
Obscene sign is a sign deemed obscene under the Florida or United States Constitutions.
Off-site or off -premises sign means a sign identifying an activity which is not on the premises
where the sign is located or products or services which are not available on the premises where the sign is
located. Signs commonly referred to as billboards shall be considered off -premises signs.
On-site or on premises sign means a sign:
(1) Identifying an activity conducted or products or services available on the premises where the
sign is located, or
(2) Displaying a noncommercial message or
(3) Any combination of the first two.
For purposes of this definition, common areas within a duly organized homeowner or condominium
association shall be considered on premises for each individual unit or lot within said association in
recognition of any right the unit or lot owner has to use said areas under Florida law and the association's
covenants and rules.
Outdoor advertising display means any letter, figure, character, mark, plane, point, design, poster,
pictorial picture, stroke, stripe, line, trademark, reading matter or illuminated service which shall be
constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so
that such shall be used for attraction of the public to any place, subject, person, firm, corporation, public
performance, article, machine or merchandise whatsoever, which is displayed in any matter whatsoever
outdoors.
Owner means the person owning the fee simple title to the property upon which a permit is
required.
Parapet sign shall mean a wall sign erected flush on a parapet extension of a building.
Page 4 of 35
Proposed Amended Sign Code
Permittee means the person in possession or having the beneficial use of property upon which a
sign is located for which a permit is required.
Pole signs are signs that are supported by one or more exposed vertical supports of any shame
which are comprised of steel or other corrosive alloys. Two examples of a pole sign are:
Portable signs means signs that may be hauled or towed from one location to another, are self-
supporting, [and] are designed to be temporarily placed without a permanent base or fastening.
Projecting sign means a sign which is affixed perpendicular to any building wall and extends
beyond the building wall by more than 18 inches.
Pylon signs are signs that are supported by one or more exposed vertical supports which are
encased within a single, non -corrosive decorative cover. Non -corrosive decorative cover shall mean any
material(s) suitable for installation as a pole sign cover in accordance with Indus standards of material
and workmanship, applied over and attached to the supporting.poles(s), including all attachments and
fasteners thereto, which shall contain no steel or other corrosive alloys. Such pole sign cover shall have a
minimum width of 12 inches and maximum depth equal to the depth of the sign cabinet. One (1) example
of a pylon sign is:
Roof sign means any sign erected upon, against or directly above a roof or on top of or above the
parapet of a building.
Page 5 of 35
Proposed Amended Sign Code
SanA4eh bear4 shall mom % fi;aesianding, one of two sided sign, in the shape of an inyeAed
Scheduled event or occurrence means a singular__preplanned temporary happening during a
particular interval of time on the site advertised. Examples of scheduled events or occurrences include a
property for sale a coming, site development, a grand opening, a retail sale an outdoor event, and other
similar temporga events.
Shopping center or multitenant center means a building with two or more businesses.
Sign means any obke L surface, fabric, device or display, whether illuminated or nonilluminated,
designed to advertise, identify, announce, direct or inform the public, and that is placed exp of Beefs in
view of the general public. For purposes of this chapter, the term "sign" includes all structural members.
Snipe sign means a small sign of any material, including, but not limited to, paper, cardboard,
wood or metal, attached to any object and having no application to the premises where located.
meet-FRight-of-way means property which is committed for use as a public access route land
reserved used or to be used as a street alley, walkway, drainage facility or other public purpose. One
example of a right-of-way:
Me
Pole
Property line
Pate I Ut ity Pole
Grass shoulder Grass shoulder
c=b
Roadway
Cd
3
w
Median 0
.s~
Roadway
Grass shoulder
Property lines
The right-of-way can be thought of as
the public's space between property lines.
In this example, the sidewalks and
utility poles are at the property lines.
Grass shoukler
c J P I iru>My Pde
. Property li OS
Right-of-way
Page 6 of 35
Proposed Amended Sign Code
Temporary signs means a sign displayed fora scheduled event or occurrence be€efe, dufing-f
which is not designed or intended to
be placed permanently inelasi e for- e*afnple, f=- fest signs, fe. ale sign eenstmetiep signs, i estae
Temporary signs include only those signs
expressly referenced in section 94-76 — Temporary Sian Table.
Tenant space means that portion of a building separated by walls or partitions that extend from
the floor to the ceiling or roof deck without interconnecting openings.
Vehicular sign means any sign applied to, affixed to, or placed upon a vehicle in such a manner as
to be visible to the public.
Visibility triangle means a three-dimensional triangular space bounded on two sides by
intersection streets (measured from intersecting edges of pavement) and on the third side by a straight line
drawn between those lines at a point located 35 feet from their intersection.
VSAM ��''hlRlkarwW
I��edvieaW
DSO
3S
A
D
a
C
O
O
G!
Wall sign means a sign that is affixed to the wall of any building, when such sign shall project not
more than 18 inches from the building. Wall signs may not extend above the roofline or facade. Wall
signs include parapet signs and projecting signs.
Wall mural means a painting or an artistic work composed of an arrangement of color and that
displays a commercial or noncommercial message, relies solely on the side of the building for rigid
structural support, and is painted on the building. The term excludes a painting or work placed on a
structure that is erected solely for the sole or primary purpose of signage.
Warning sign means a sign required by law or intended to inform the viewer of dangerous and/or
restrictive conditions on the premises.
Page 7 of 35
Proposed Amended Sign Code
Window lighting means any source of illumination intended to illuminate or draw attention to any
display that is part of a window sign.
Window sign means illuminated and aenillaw&i as signe affixed to, in contact with or
placed in the interior or exterior windows of a structure, and which can be viewed from the outside of the
structure.
Sec. 94-2. Purpose and scope.
(a) The purpose of this chapter is to regulate the number, size, type, use, design, construction and
location of signs within the city. These regulations are established in order to promote the overall
economic well-being of the city, while at the same time providing for the health, safety and
welfare of the public by reducing the adverse effects of signs on safety, property values, traffic,
and the enjoyment of the scenic beauty of the city. These regulations are intended to avoid
excessive competition and clutter among sign displays in the demand for public attention,
eliminate dangerous, dilapidated and unsightly signs and provide for adequate maintenance and
inspection of signs within the corporate limits of the city, consistent with constitutional
guarantees and while providing for adequate opportunities for effective means of communication.
(b) For purposes of this chapter, any lawful sign may display a noncommercial message in addition
to, or in lieu of, any other message. All noncommercial speech shall be deemed to be on
premises. Nothing in this chapter shall be construed to regulate the content of the message
displayed on any sign.
Sec. 94-3. Administrator.
The "administrator" shall be the building official unless otherwise directed by the city
manager in writing. The administrator shall also include any authorized designee of the
administrator who is charged with implementing the provisions of this chapter. If the
administrator is not the building official, the building official shall be charged with interpreting
applicable building codes and advising the administrator relative to building code issues under
this chapter.
Sec. 94-4. Exemptions.
The following signs may be erected without a permit, subject, however, to all remaining
requirements of these regulations:
(1) Decals affixed to and normally associated with signs painted on equipment, fuel pumps
or other types of equipment provided such decals are affixed with the consent of the
equipment owner;
(2) Signs wholly within a building or enclosed space, excluding window signs which are
more specifically regulated under this chapter;
Page 8 of 35
Proposed Amended Sign Code
(3) One sign or tablet per building, of four square feet or less, when cut into any masonry
surface or when constructed of bronze or other incombustible materials and attached to
the surface of the building;
(4) Bulletin boards provided said boards shall not exceed six square feet and shall be limited
to one per business entrance;
(5) Traffic -control devices installed in accordance with applicable provisions of the City
Code and the traffic control manual published by the Florida Department of
Transportation;
(6) Unless otherwise prohibited under this subsection for safety purposes, interior window
signs shall be allowed provided they are located at or below fifteen (15) feet from
pedestrian grade. Pedestrian grade shall be measured from the walking surface nearest the
window of the subject building. Window signs above fifteen (15) feet from pedestrian
grade shall be Prohibited. Window signs permitted by this subsection shall not exceed
twenty-five (25) percent of the total window glass area at or below fifteen feet from
pedestrian grade for each side of the building or unit thereof unless permitted within a
window display area allowed under Chapter 110, Article X. AIA Economic Opportunity
Overlay District.
er*eee
thefeef. Further, all sales transaction and cash register areas, as well as any other areas
that may be deemed as necessary for viewing forup blic safety purposes by a law
enforcement agency, shall not be obstructed from view from the outside of the building
by a window sign, , a
(7) Temporary signs on residential property that do not exceed six square feet—aa4-eer
.
(8) For 911 and emergency response purposes, signage identifying the address of the
property, which shall be located in a place that is clearly visible from the right-of-way.
(9) Signs held by humans.
Page 9 of 35
Proposed Amended Sign Code
(10) Subject to the criteria established in section 94-61, temporary, permanent, and portable
government monuments, markers, and signs located on public property.
(11) Home occupation signs pursuant to section 94-83.
(12) Subject to the criteria established in section 94-61, historical markers located on public or
private property that are part of a duly authorized local, state or federal historical
program.
(13) Signs erected entirely within the confines of a commercial establishmem provided they
cannot be viewed from apublic right-of-way.
(14) Warning signs.
(15) Temporary signs approved under an outdoor entertainment event permit.
(16) Any sign erected or temporarily placed by the city or other governmental body.
Sec. 945. Penalty for violation.
(a) Any person who knowingly violates or fails to comply with any of the sections of this
chapter or any erector, owner or user of an unlawful sign or any owner of the property on
which an unlawful sign is located, shall, upon conviction, be punished as provided in section
1-15
(b) In addition to the crinunal penalties provided in this section, any violation of this chapter
shall be subject to enforcement by Divisions 2 or 3, Article VI, Chapter 2 of this Code.
Sec. 94-6. Prohibited signs and features.
The following signs and features are strictly prohibited:
(a) Signs on utility poles and trees. Signs, regardless of whether exempt from permit
requirements, are prohibited on public utility poles or trees, except government banner signs
may be permitted on brackets installed on utility poles if authorized by the utility company.
(b) Obstruction of free ingress or egress; standpipeslfire escapes. No sign shall be erected,
relocated or maintained so as to obstruct free ingress to or egress from any door or fire
escape. No sign of any kind shall be attached to a standpipe or fire escape, unless the sign is
incidental to the function of the fire escape or standpipe.
Page 10 of 35
Proposed Amended Sign Code
(c) Signs on right-of-way. Signs on right-of-way that do not constitute a bona fide traffic control
device installed for the safety of pedestrians and vehicles, or do not serve a governmental
function.
(d) Portable signs. Any sign, excluding vehicular signs, which is mobile or is not securely and
permanently attached to the ground or a building is prohibited, except a sandwich board is
permitted in accordance with section 94-76
displayed outside dwing nefmoA Wsiness heafs of the that is displaying the
sandwieh bea&d—
(e) Merchandise displays on rights-of-way. Permanent, temporary, portable or movable signs or
displays of merchandise located on any street, sidewalk, alley, or right-of-way are prohibited.
(f) Off -premises signs, except temporary off -premises signs that are expressly authorized by this
chapter.
(g) Wall mural. A wall mural is strictly prohibited on the exterior of any building within the city
unless the wall mural is approved under the community appearance review standards set forth
in sections 22-36 et seq.
(h) Window signs. Window signs that do not comply with sec. 94-4
(i) Ground signs with exposed metal supports including poles.
0) Air -inflated devices.
(k) Marquee signs.
(I) Roof signs.
(m) Projecting signs, unless they comply with the provisions of section 94-79
(n) Temporary signs, unless specifically authorized under this Chapter.
(o) Flags and pennants that are not governmental in origin.
(p) [Emissions.] Signs that emit an audible sound, odor, or visible matter such as smoke or
steam.
Page 11 of 35
Proposed Amended Sign Code
(q) [Composition.] Signs that are made with or printed on any vegetation, curbstone, flagstone,
pavement, or any portion of the sidewalk or street except house numbers and traffic control
signs.
(r) Balloon display.
(s) Discontinued signs.
(t) Animated signs or signs of a flashing, running or revolving nature.
(u) Snipe signs.
(v) Obscene signs.
(w) Hazardous signs.
(.x) [Signs on certain motor vehicles.] Signs located or erected on an inoperable or unlicensed
motor vehicle and visible from the right-of-way or adjacent property.
(y) [Certain signs on parked motor vehicles.] Signs located or erected on a parked motor vehicle
which are intended primarily for display purposes and not regularly used for transportation
purposes and which are visible from the right-of-way or adjacent property.
(z) Dilapidated signs.
(aa) Pole signs.
(bb) Signs placed on fences or gates, other than warning signs.
cc Window lighting_ except for window signs authorized by section 94-4(6)
Temporary signs, except permitted types and uses specified in section 94-76.
ee Any other sign, feature, or outdoor advertising display that does not comply with the
provisions of this chapter.
Sec. 94-7. Conformance.
All signs or other outdoor advertising displays erected within the city limits shall
conform to this chapter.
Sec. 94-8. Identification.
Page 12 of 35
Proposed Amended Sign Code
Every sign or outdoor advertising display erected, constructed or maintained, for which a
permit is required, shall be plainly marked with the name of the person erecting and maintaining
such sign and shall have affixed on the front thereof the permit number issued for the sign by the
administrator.
Sec. 94-9. Wind pressure and dead load.
All signs and other outdoor advertising displays shall be designed and constructed to
withstand a wind velocity as set forth in the building code adopted in section 82-31 and shall be
constructed to receive dead loads as required by the building code or other codes of the city,
except temporary signs authorized by this chapter.
Sec. 94-11. Maintenance, notice to repair.
(a) All signs shall be erected, placed and maintained in a state of good and safe repair.
Damaged signs shall be removed, repaired, or replaced. If a sign is painted, in whole or in
part, the sign shall be kept well -painted. Such sign shall be repainted whenever the paint
is peeled, blistered, or faded.
(b) All signs shall be constructed and maintained in accordance with the provisions and
requirements of the city's building codes, electrical codes, and other applicable codes.
(c) All copy area shall be maintained so as to be legible and complete.
(d) All signs shall be maintained in a vertical position unless originally permitted otherwise,
and in good and safe condition.
(e) Damaged faces or structural members shall be promptly removed, repaired or replaced.
(f) Electrical systems, fasteners, and the sign and structure as a whole shall be maintained at
all times in a safe condition.
Secs. 94-12-94-30. Reserved.
ARTICLE 11. PERMITS AND INSPECTIONS
Sec. 94-31. Permit required.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person to change a
sign face change the name of a business displayed on a sign, alter, erect, construct, enlarge,
move, or make structural alterations to any sign within the city, or cause such to be done
without first obtaining a sign permit . This shall not
be construed to require any permit for a change of moveable alphanumeric characters on a
sign designed for such moveable characters or a change of display on an electronic sign eepy
Page 13 of 35
Proposed Amended Sign Code
Any sign which is
not specifically allowed by this chapter is prohibited.
(b) An electrical permit shall be required for any sign containing electrical components to be
connected to an electrical energy source.
(c) No new permit is required for a sign which has a permit and which conforms with the
provisions set forth in this chapter on the date of its adoption. A new permit shall be required
for any sign when the structural configuration or electrical components are altered or when
the sign is relocated.
Sec. 94-32. Application for permit; review time limits.
(a) Application for a permit required under this chapter shall be made upon forms provided
by the building department and shall contain or have attached the information required on
the form. At a minimum, the application shall contain the following information and
documents:
(1) The name, address and telephone number of the property owner and applicant if
different than owner.
(2) The name, address, telephone number and state license number of the sign
contractor/manufacturer and if applicable, the same information for the engineer
and architect.
(3) The street address, legal description and tax identification number of property
upon which proposed sign is to be located.
(4) The zoning and future land use designation of the property on which the sign is
to be located.
(5) The type of sign, square footage, height and location of all signs currently located
on the premises.
(6) The type of sign, square footage, design, sign area, height, location and fully
dimensioned elevation drawings of the sign or sign proposed to be erected on the
premises. If the sign will be electrically lighted, a copy of the electrical plans and
specifications for the sign shall be provided. In addition, the name and address of
the electrical contractor shall accompany the appropriate electrical permit
application.
(7) Written permission of the property owner to erect the proposed sign if the
applicant is not the property owner.
(8) A fully dimensioned site plan showing the lot frontage, building frontage or
business, establishment or occupant frontage, parking areas and location of all
existing and proposed signs. For ground signs and temporary signs which are
subject to permitting, the site plan shall show the distance from the right-of-way
and property lines, and street comer visibility calculations.
(9) For temporary signs subject to permitting under this chapter, the applicant shall
provide the name, date and time associated with the event or activity and a time
frame for the temporary sign to come down.
Page 14 of 35
Proposed Amended Sign Code
(10) The type of construction, materials, sign supports, electrical details for the
proposed sign.
(11) Wind load calculations and footer details for the proposed sign as required by the
city's adopted building code.
(b) The administrator shall grant or deny the sign permit application within 45 calendar days
from the date that a completed application and permit fee was filed with the city, unless
aesthetic review of the proposed sign is required under sections 22-36 et seq., City Code,
then 60 calendar days. For purposes of calculating the time period, the day of receipt
shall not be counted. Further, if the last day falls on a Saturday, Sunday, or legal holiday,
the decision shall be made on the next regular business day. Notwithstanding any
contrary sign application requirements contained in this section, any person may request
that a sign or signs be approved as part of an overall proposed development plan for a
particular land development project. In such cases, the person will be required to submit
the plans and specifications of the sign(s) with the plans and specifications for the
proposed land development project. The proposed sign(s) will be reviewed and approved
in conjunction with the site plan review, aesthetic review, and building permit review. In
addition, in cases in which the applicant has requested a variance, waiver, or other zoning
approval in conjunction with the sign application, the decision time period shall be
suspended while the applicant seeks such zoning approval. In the event that no decision is
made within 45 days following the filing of a completed application, the application shall
be deemed denied and the applicant may then appeal the decision to the construction
board of adjustment.
Sec. 9433. Issuance of permit.
(a) Upon the receipt of a completed building permit application and upon payment of the
appropriate building permit fee by the applicant, the administrator shall promptly conduct
an investigation of the application, the proposed sign and the premises. In addition, if
required under sections 22-36 et seq., City Code, the administrator shall forward the
application to the community appearance board for review and consideration.
(b) If, after review and investigation as required herein, the administrator determines that the
application meets the requirements contained in this chapter and determines the proposed
sign will not violate any building, electrical, and aesthetic or other adopted codes of the
city, the administrator shall issue the permit or issue the permit with conditions (which
means legal conditions existing in the City Code). If the work authorized by the permit
has not been completed within six months after the date of issuance, the permit shall
become null and void, unless the administrator grants an extension of time, not to exceed
three months, for good cause shown.
Page 15 of 35
Proposed Amended Sign Code
(c) If, after review and investigation as required herein, the administrator determines that one
or more reasons for denial exist, the permit shall be denied and the administrator shall
make a written report of the denial and the reasons therefore. A copy of the report shall
be sent by certified mail to the designated return address of the applicant on the
application. The application for a permit shall be denied if one or more of the following
conditions are found to exist:
(l) The application does not comply with the requirements of this chapter; or
(2) The application would violate any building, electrical, aesthetic or other adopted
codes of the city.
(d) Any person denied a building permit for signs may file as a matter of right a written
notice of appeal to the construction board of adjustment within ten calendar days after
rendition of the denial pursuant to the provisions of this section; except, however, issues
decided by the community appearance board or the city council pursuant to sections 22-
36 et seq., City Code, or in conjunction with a site plan application, shall not be appealed
to the construction board of adjustment and shall be appealed under the applicable
provisions set forth in sections 22-36 et seq. and the site plan review procedures. The
construction board of adjustment shall hold a hearing and decide the appeal within 30
calendar days from the date the notice is received by the construction board of
adjustment. The appellant shall be afforded minimum due process including, but not
limited to, the right to notice of the hearing, a fair opportunity to be heard in person and
through counsel, to present evidence, and to cross-examine witnesses. The decision of the
construction board of adjustment shall be final. No further exhaustion of administrative
remedies shall be necessary for judicial review of the administrative action. Any person
aggrieved by a final decision of the construction board of adjustment may immediately
appeal the decision as a matter of right by filing an appropriate pleading with a court of
competent jurisdiction. A prompt review and decision shall be rendered by the court. The
record of the hearing shall consist of the complete record of the proceedings before the
construction board of adjustment.
Sec. 94.34. Revocation of permit.
The administrator is authorized and empowered to revoke any permit issued under this
chapter for failure of the permittee to comply with any of the sections of this chapter. Such
revocation shall be in writing and shall show cause for the revocation notice. Within seven days
after the mailing of notice, the permit holder may request, in writing to the city manager, a
hearing before the construction board of adjustment to show cause why the permit should not he
revoked. The construction board of adjustment shalt hold a hearing and decide the appeal within
30 calendar days from the date the notice is received by the city manager. The permittee shall be
afforded minimum due process including, but not limited to, the right to notice of the hearing, a
fair opportunity to be heard in person and through counsel, to present evidence, and to cross -
Page 16 of 35
Proposed Amended Sign Code
examine witnesses. The decision of the construction board of adjustment shall be final. No further
exhaustion of administrative remedies shall be necessary for judicial review of the revocation
decision. Any person aggrieved by a final decision of the construction board of adjustment may
immediately appeal the decision as a matter of right by filing an appropriate pleading with a court
of competent jurisdiction. A prompt review and decision shall be rendered by the court. The
record of the hearing shall consist of the complete record of the proceedings before the
construction board of adjustment.
Sec. 94.35. Fees.
Permit and inspection fees for the erection., alteration or relocation of a sign, exclusive of
any costs for an electrical permit, shall be set forth in appendix B, schedule of fees, to this Code
and shall include fees for the following:
(1) In addition, fees for signs are calculated by using contract amount consistent with
the city's schedule of fees;
(2) Reinspection; and
(3) If any person commences any work before obtaining the necessary permit, all
fees shall be doubled.
(4) As an incentive to encourage the establishment_ of new businesses within the city,
the administrator is authorized to waive sign permitgM fees for any temporary
signage application that is filed within 30 days after obtaining the businesses'
initial Business Tax Receipt issued by the city e4mina4e nearseafeffaing signs-,
ehapter.
Sec. 94-36. Inspection by administrator.
The administrator is empowered to enter or inspect any building, structure or premises in
the city upon which or in connection with which a sign is located, for the purpose of inspection of
the sign, its structural details and electrical connections and to ensure compliance with this
chapter. Such inspections shall be carried out during business hours, unless an emergency exists.
Sec. 94-37. Notice for inspections.
The person constructing, erecting or relocating a sign for which a permit, is required shall
notify the building department at all stages of construction that requires inspection and approval
by the administrator. Authority for and time of such inspections shall be as follows:
(l) A footing inspection for all detached signs shall be required;
Page 17 of 35
Proposed Amended Sign Code
(2) A final structural inspection shall be required at completion of the work on all
types of signs; and
(3) A final electrical inspection shall be required on all signs containing electrical
components and wiring to be connected to an electrical energy source.
(4) Other inspections as required by the adopted building code.
Secs. 94-38-94-60. Reserved
ARTICLE III. SIZE, LOCATION AND CONSTRUCTION
Sec. 94-61. Restrictions on placement.
(a) No sign or banner shall be suspended across any public street, avenue or alley, unless
approved by the city council in situations when the street, avenue, or alley will be closed
to vehicular traffic at the location of the sign or banner or the city council has determined
that the sign or banner will not constitute a hazardous sign or banner under the definition
set forth in section 94-1 and the provisions set forth in section 94-62.
(b) No sign shall be painted, pasted, printed or nailed on any curb or sidewalk or upon any
trees, light standards, utility poles, hydrants, benches, bridges or any structures, other
than awnings, within the property lines of any street, avenue or alley within the limits of
the city.
(c) No sign shall be attached to any private wall, window, door, gate, fence or to any other
private structure, without the written permission of the owner or lessee and without
compliance with the provisions of this chapter.
Sec. 94-62. Abandoned and hazardous signs.
(a) Abandoned signs. It shall be unlawful for any permittee or owner of a sign to fail or
refuse to remove any sign, after ten days of the service of notice from the administrator,
which advertises a business or product which has not been conducted or sold at the
premises where the sign is located for more than six consecutive months prior to the date
of the notice from the administrator. If the order to remove is not complied with, the
administrator may remove the sign, and an assessment lien, on parity with real estate
taxes, may be filed against the property for the expense incurred in removal of the sign.
Page 18 of 35
Proposed Amended Sign Code
(b) Hazardous signs. The administrator shall refuse to issue a permit for any sign, which will
constitute a hazard and a potential menace to the safety of the public, and the
administrator may require the removal of any sign which is not properly maintained or
which is or will become unsafe and constitute a hazard to the safety of the public. It shall
be unlawful for any permittee or owner to continue to display any sign that constitutes a
hazard to the safety of the public. It shall be unlawful for any permittee or owner to
continue to display any sign that constitutes a hazard after 48 hours from the time of
notice by the administrator requesting the removal of such sign, unless within that time,
the permittee or owner shall have filed with the administrator notice of his or her
intention to appeal his decision to the code enforcement board, or the administrator has
determined that exigent circumstances exist that require the immediate removal of the
sign in order to abate the public hazard. Any such sign displayed more than 48 hours after
notice to remove the sign may be removed by the city at the expense of the permittee or
owner, unless the matter is pending an appeal to the code enforcement board or unless the
decision of the administrator has been reversed by the code enforcement board.
(c) Signs constituting traffic hazard. No sign or other advertising structure as regulated by
this chapter shall be erected at the intersection of any street in such a manner as to
obstruct free and clear vision; at any location where, because of the position, shape or
color, it may interfere with, obstruct the view of or be confused with any authorized
traffic sign, signal or device; or which makes use of any word commonly used on traffic
control signs or signals. Visibility at intersections shall be in accordance with the figure
[found in section) 94-1
Sec. 94-63. Lighting.
(a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground
signs and wall signs. However, the reflectors shall be provided with proper lenses
concentrating the illumination upon the area of the sign so as to prevent the glare upon
the street or adjacent property.
(b) Electrical signs shall comply with applicable electric codes.
Sec. 94-64. Criteria and standards for measurement and placement.
(a) Area. The permitted area of ground signs in all zoning districts, and unless otherwise
specified in this chapter, is dependent on street frontage of the property on the basis of
one square foot of sign area for each lineal foot of property frontage up to the maximum
specified in each zoning district. Wall signs shall be computed on the basis of one square
foot of sign area for each lineal foot of building or tenant space frontage up to the
maximum allowed in each zoning section. For the purpose of determining area, the total
Page 19 of 35
Proposed Amended Sign Code
area of a sign is that within the smallest parallelogram, triangle, circle or semicircle or
combinations thereof which will completely enclose the outside perimeter of the overall
sign, including the border, if any, but excluding supports. Three dimensional signs shall
be measured at the largest vertical cross section.
(b) Combinations of signs. Except where specifically permitted, the types and areas of signs
may not be combined to allow a larger size than that listed for a single sign. Ground signs
may be placed at an angle on a corner at no increase in size over that of a single sign. The
sum or the area of the faces visible from any one point shall not exceed that allowed for a
single sign.
(c) Corner lots. Where two ground signs are used on a corner lot, the area of both signs may
not exceed the area allowed for frontage as provided in subsection (a).
(d) Display of permit number. The sign permit number for all signs requiring a permit shall
be prominently displayed by the owner or user of the sign on the property where the sign
is located.
(e) Height, setback and location measurements. Measurements for setback and location for
all signs in all allowable districts shall be made from that portion of the sign nearest that
point of ground reference to which the measurement is to be made, but in no event shall a
sign of any kind project over public property or public rights-of-way, whether affixed to a
building or otherwise. The height of signs shall be measured from grade level at the
closest edge of the street paving and shall include all decorative portions of the sign. All
setback measurements shall be made from the property lines as a point of reference to the
projecting edge or corner of the sign, unless otherwise specified.
(f) Ground signs. Ground signs shall be set back a minimum of six feet from the property
line. No ground sign shall be placed within the visibility triangle (refer to figure in
section 94-1).
(g) Size limit. No ground sign shall be supported so that the uppermost edge is more than 20
feet above the grade level from edge of street pavement. This subsection shall not apply
to any sign on the face of the building. Any sign that is not attached to a building shall
not exceed 150 square feet on its largest front.
Sec. 94-65. Aesthetic requirements of signs.
The city council may adopt, by resolution or ordinance, general aesthetic requirements
which pertain specifically to signs and wall murals permitted by this chapter. Said requirements
may include form -based regulations (e.g. signage size, materials, illumination, placement,
Page 20 of 35
Proposed Amended Sign Code
landscaping, scale, etc.) through the use of words, pictures and diagrams that identify acceptable
and unacceptable signage consistent with the requirements of this chapter. Upon adoption, said
requirements shall be deemed fully incorporated into this chapter and shall have the force of law.
Secs. 94-66-94-75. Reserved.
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on -premises signs.
(1) Temporary signs must comply with the temRgM signage table below.
TemporarY-sismage table:
and use
Conditions
Property for sale or lease may indicate so by use of temporary
a, b, c, d, e, f, g, h, i, i,
si a e.
Property under a development permit may indicate so by use of
a, b, c, d, e, f, g, h, i, i.
tem orar si gg e.
Temporary_signage on gubernatorial, presidential, city, county and
c, die, f,g h_i, 1 k,
any state and federal primary Election Day and during the 30 days
rior to and five days after the Election Da .
Banne i
t�g hl
Bag Sin
a. e m
Sandwich Board
e, -g, e,-g,h i n
(2) The following conditions shall apply to any temporary sign unless otherwise provided in the
temporary signage table set forth above.
a. The tempoLaa signage shall be removed when the sign has fulfilled its purpose (e.g., the
scheduled event or occurrence has concluded).
IL One temporary sign is allowed for every 150 linear feet of property frontage, or portion
thereof unless additional signage is uthorized and required by state or federal law.
Individual tenant spaces for sale or lease may indicate so by use of one temporary sign for
each tenant space or unit, regardless of property frontage.
c. On residential property, no temporary sign shall exceed six square feet.
d. On nonresidential property, no temporary sign shall exceed 32 square feet.
Page 21 of 35
Proposed Amended Sign Code
e. The temporary sign may be double-faced (back-to-back) and only one side of a double-
faced sign shall be counted for sign area calculations.
L the maximum height shall be four feet on residential Property, or eight feet on any _non-
residential_property.
gr Minimum setbacks for any part of the temporary_sign structure shall be a minimum of two
feet from any right-of-way.
IL No part of any temporary sign shall be placed within the right -of. way or within the
visibility triangle or in any which imWdes pedestrian and/or vehicular traffic safety.
No part of any temporary sign shall be located so as to reduce any required parking area.
No part of any temporary sign shall be located in such a way that it restricts a pedestrian
way and/or sidewalk to less than forty-four (44) inches in width. Temporary_signs shall be
removed and brought inside a building when there are storm warnings so as not to become
a hazard during a storm event
i. Shall be freestanding and shall not rely on any support that is not a part of the sign.
y The temporary sign shall be constructed of sturdy material such as wood, hard plastic,
vinyl, hardboard or particle board of sufficient thickness so as to withstand the weather
elements commonly experienced within the city. Cardboard and Vaper-faced temRorary
signs are strictly prohibited unless they are safely fastened, in their entirety, to a backing
made of material set forth in this section.
k. With property owner's consent, during gubernatorial, presidential, county and city election
years, tempoLaa signs may be placed on Election Day and_during the 30 days prior to and
five des after the Election Day.
1. A maximum of one banner sign maybe erected on nonresidential property not to exceed
96 snuare feed and on residential property not to exceed 12 square feet. A banner sign may
be erected for a maximum of 30 consecutive days on nonresidential property and a
maximum of 14 consecutive days on residential property one (1) time during any calendar
year. A banner simmust be securely fastened in a manner to withstand weather elements
commonly experienced in the city.
M. Bag signs shall be allowed for 180 days when the copy area of an existing ground sign has
been damaged and is awaitingrMair, when the business has vacated the property or when
the copy area is being replaced to accommodate a new or renamed business. The
administrator may_grant an extension of time for good cause shown provided any
extension shall not exceed 180 calendar days.,
n. Sandwich Boards: One Sandwich Board is allowed for each business located in the Cl, C2
and M1 zoning districts. Sandwich Boards must comply with the following requirements:
(1) Shall not exceed five (5) feet in overall height.
(2) Shall not exceed twelve (12) square feet in area.
(3) Shall not be displayed from dusk to daybreak.
(5) Shall be substantially secured or weighted to resist movement.
(6) Shall not encroach into vehicular circulation areas or be located so as to reduce parking
areas.
Page 22 of 35
Proposed Amended Sign Code
Page 23 of 35
Proposed Amended Sign Code
Sec. 94-77. Emergency response system.
Page 24 of 35
Proposed Amended Sign Code
For 911 and emergency response purposes, the primary address of the building shall be
displayed on the property and shall be visible from the public or private street. For commercial
and industrial buildings, the address or range of addresses shall be incorporated into the signage
permitted for the property with numerals/letters a minimum of six inches in height in contrasting
colors, but the address shall not be counted against allowable copy area. In addition to the address
being posted on a single-family residential mailbox or single-family dwelling, a sign not to
exceed three square feet may be posted on the dwelling at the main entrance or in the yard,
provided the sign is visible from the public or private street. The address shall not be counted
against allowable copy area. The display shall be posted in a manner that is consistent with the
fire and life safety industry standards for posting such emergency response displays.
Sec. 94-78. Electronic signs.
Electronic signs may be approved under this chapter provided the proposed electronic
sign satisfies the following requirements:
(a) A maximum of one electronic sign may be incorporated into a monument sign and -AM! -no
or pylon sign. The
electronic sign must be in compliance with all applicable provisions of this chapter.
size,
building, and set baek eenstFaints of the pfepet4y, em elee"F-4e sign may be ineer-per-ated
inte a Aylen sign. Further, an electronic sign shall not be a portable or stand alone swnda4aae
sign and shall be mounted in a permanent cabinet.
(b) The eieet..ep sign shall not be iestelled h;. he f than ten fee4 fiefn mde level file.
(eb) The size of the electronic sign shall be limited to a maximum size equal to 32 square feet.
The maximum area of the sign shall not exceed 120 square feet. The electronic sign shall be
fully incorporated within the outer perimeter of the sign. Further, the size of the electronic
sign shall be included in the calculation for the total signage allowed for the property and the
overall size limitation for a particular sign.
(dcc) The electronic sign shall be Iimited to display of staie alphanumeric characters only.
Neaswis Moving graphic displays of non -alphanumeric characters (such as simulations of
fireworks, bouncing hearts, lighthouses, human bodies, and cartoon characters) shall be
prohibited.
(ed The display time for each message containing alphanumeric characters shall be a minimum
time period of seven four 4 consecutive seconds per display,
instanwAeeesly.
e*eeeds 15 feet in height may be modified to iarsofpemte an elemenie sign undef the
(1) The of of yle sign shall be ea.. ed . height to is feet r- le
Page 25 of 35
Proposed Amended Sign Code
(2) A pole sign shall he modified to a py!
(3) T-IiO- may4mufnr@fea of the -sigh-sha4l not 9*eeed }.2B squ&ie+ feet, and dhA sizta,-vf she
(4) The modified sign mast be in eemplianee wi4h all ether. a"Iieable p%N49ions of this ehapten
(gee The electronic sign shall be set to a specific brightness level and shall electronically respond
to changing light conditions (e.g., change from day to night or to darkness related to
weather). Written certification shall be provided with the sign permit application from the
sign manufacturer that the sign has been preset to not to exceed the following light level
standard as measured in nits, as follows:
(1) Maximum daytime level at 6,000 nits.
(2) Maximum nighttime level at 500 nits.
Further, the preset light level shall be protected from end user manipulations by password
protected software or other acceptable methods.
(hf) If the electronic sign malfunctions, the message, if displayed, shall be maintained at a
maximum light level of 500 nits, or the sign shall be made inactive until the sign is repaired.
See. 94-79. Projecting signs.
A projecting sign shall be permitted provided the following minimum standards are
satisfied:
(a) It shall not be larger than six feet in its greatest dimension.
(b) It shall not encroach into a required building setback by more than three feet.
(c) The lowest portion of the sign shall be at least seven and one-half feet above
grade.
(d) It shall not project into a vehicular pathway.
(e) It shall not extend above the eave or parapet line of the building wall on which it
is affixed.
Sec. 94-80. Off -premises signs.
No off -premises sign shall be erected in the city, except temporary off -premises signs
may be permitted in accordance with section 44-81. Any off -premises sign erected in violation of
this section shall be removed within 48 hours of notice to the sign owner and property owner.
However, temporary off -premises signs erected in violation of this section shall be removed
immediately. U the sign owner or property owner fails to remove the sign, the city shall do so at
the sign owner's or property owner's expense. The city shall also have the right to impose an
Page 26 of 35
Proposed Amended Sign Code
assessment lien, on parity with real estate taxes, on the property for any removal expenses
incurred by the city to remove the unlawful off -premises sign.
Sec. 94-81. Temporary off -premises signs.
(a) Temporary off -premises signs may be erected upon issuance of a permit by the
Administrator, provided the temporary off -premises sign(s) meets the following
conditions:
(1) The activity or place so displayed or promoted on the sign will occur or be
located within the jurisdictional boundaries of the city.
(2) The property owner on which the sign will be erected has consented to the
placement of the sign.
(3) The type, use, size, height, and placement of the sign shall comply with the
requirements set forth in section 94-76 for temporary on -premises signs.
(4) No sign shall be erected on or within any right-of-way or within the visibility
triangle.
(b) Any permit issued under this section shall have a maximum duration of 15 calendar days.
Further, a maximum of one permit shall be issued per activity or event being displayed on
the sign. In addition, there shall be a four -permit limitation per calendar year for any
particular location within the jurisdictional boundaries of the city.
Sec. 94-82. Awnings and canopies.
(a) Signs on awnings shall be allowed only on that vertical portion commonly referred to as
the valance or fringe and shall be calculated as a portion of any allowable wall sign.
(b) Signs on canopies shall be allowed only when calculated as a portion of any allowable
wall sign.
(c) Address numbers on canopies and awnings shall not be considered as a portion of the
allowable wall signage area.
Sec. 94-83. Home occupation signs.
A home occupation sign that is nonilluminated and does not exceed two square feet in
area concerned shall be allowed per district requirements if it is affixed flat against the exterior
surface at a position not more than two feet distant from the main entrance of the dwelling unit.
There shall be no more than one of these signs per unit.
Sec. 94-84. Ground signs.
Ground signs shall be required to meet the criteria and standards set forth in section 94-
64 and other applicable provisions of the City Code.
Sec. 94-85. Variances.
Page 27 of 35
Proposed Amended Sign Code
(b) --A variance may be granted for any heigM, leeatiee, er size requirement under this chapter
pursuant to the variance procedures set forth in chapter 110, article H.
Secs. 94-86-94-95. Reserved.
DIVISION 3. DISTRICT REGULATIONS
Sec. 94-96. R-1 low density residential district.
(a) Signs are permitted in the R-1 low density residential district as listed in table 94-96-1.
(b) Any sign not specifically permitted in the R-1 district is prohibited.
Sec. 94-97. R-2 medium density residential district.
(a) Signs are permitted in the R-2 low density residential district as listed in table 94-96-1.
(b) Any sign not specifically permitted in the R-2 district is prohibited.
Sec. 94-98. R-3 medium density residential district.
(a) Signs are permitted in the R-3 low density residential district as listed in table 94-96-1.
(b) Any sign not specifically permitted in the R-3 district is prohibited.
Sec. 94-99. C-1 low density commercial district, C-2 commercial/manufacturing district and M-1
light industrial and research and development district.
(a) Signs are permitted in the C-1 low density commercial district, C-2
commerciallmanufacturing district and the M-1 light industrial and research and
development district as listed in table 94-96-1.
(b) Any sign not specifically permitted in the C-1, C-2 and M-1 districts is prohibited.
Sec. 94-100. Shopping center or multitenant center in any district.
Signs are permitted for shopping centers or multitenant centers in any district as listed in
table 94-96-1.
Table 94-96-1 District Restrictions
T e of Si
R-1
R-2
R-3
C-1, C-2 & M-1
Temporary On-
Per Section 94-
Per Section 94-
Per Section 94-
Per Section 94 -
Premises Sign
76
76
76
76
Temporary Off-
Per Section 94-
Per Section 94-
Per Section 94-
Per Section 94 -
Premises Sign
81
81
81
81
Page 28 of 35
Proposed Amended Sign Code
Page 29 of 35
Max. area
6 s.f.
6 s.f.
6 s.f.
32 s.f.
Max. height
4'
4'
4'
8'
Afeas
a:-6eRefej
4
4
4
8i
b:-Pef
eebeeraaetef
area
9-14-
9-5.€;
9-5€
4
4
4
4
Home
Max. no.
1
1
1
1
occupation
Max area
2 s.f.
2 s.f.
2 s.f.
2 s.f.
Ground
Max. no.
Prohibited
1 per street
1 per street
1 per street
frontage/per
frontage/per
frontage
access entrance
access entrance
Max. 2 signs
max. 2 signs
Max area
32 s.f.
32 s.f.
One s.f. per
lineal ft. of
property
frontage up to a
Max. of 150 s.f.
Max. height
8'
8'
20'
Max. width
25'
25'
25'
Wall
Max. no.
Prohibited
1
1
2 per storefront
or structure,
provided each
structure is a
separate
business.
Max. area
One s.f. per
One s.f. per
Parallel to street
lineal foot of
lineal foot of
15% of wall
building wall
building wall
height (x) wall
that the sign is
that the sign is
width of wall
on
on
that sign is
located on: max.
160 s.f.
Perpendicular to
street, 15% of
wall height (x)
wall width of
wall that sign is
located on; max.
128 s.f.
...........
}
4-
}
Electronic Signs
Max. no.
n/a
n/a
n/a
per Section 94 -
Page 29 of 35
Proposed Amended Sign Code
Secs. 94-101-94-104. Reserved.
Sec. 94-105. Enforcement.
(a) Removal of signs. Private signs on public property or public rights-of-way may be
removed by the city or its agents without notice to the sign owner.
(b) [Unsafe sighs.] Should any sign be in danger of falling, or otherwise unsafe in the
opinion of the code enforcement officer or the adnunistrator, the owner thereof, or person
maintaining the sign, shall, upon receipt of written notification from the Administrator or
code enforcement officer, immediately secure the sign, cause it to be placed in good
repair or remove the sign, or shall immediately remove the sign if the administrator has
determined that exigent circumstances exist that require the abatement of a public hazard.
(c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of any
property where an illegally erected sign is located shall have the sign immediately
removed.
(d) Termination of unlawful illumination. Upon receipt of written notification by the code
enforcement officer or administrator that a sign is illuminated in violation of this chapter
or other provisions of the City Code regulating spillover lighting, the owner, owner's
agent, or person in control of the premises, shall immediately terminate the prohibited
illumination of such sign.
Secs. 94-106-94-109 Reserved.
Sec. 94-110. Implied consent.
Any person applying for, and the property owner upon which the sign will be erected,
and receiving a permit for any sign hereby consents to the following:
(1) Consents to complying with all provisions of this Code; and
(2) Consents for city officials to come on private property to inspect all signage and
to remove illegally erected signs upon reasonable advanced notice by the city.
Secs. 94-111--94-114. Reserved.
Sec. 94-115. Viewpoint neutral.
Page 30 of 35
78
Max. area. n/a n/a
n/a
32 sq. ft.
Wall mural Prohibited Prohibited
Prohibited
Prohibited
unless approved
unless approved
unless approved
per 94-6()
per 94-6()
Lper 94-6(g)
Secs. 94-101-94-104. Reserved.
Sec. 94-105. Enforcement.
(a) Removal of signs. Private signs on public property or public rights-of-way may be
removed by the city or its agents without notice to the sign owner.
(b) [Unsafe sighs.] Should any sign be in danger of falling, or otherwise unsafe in the
opinion of the code enforcement officer or the adnunistrator, the owner thereof, or person
maintaining the sign, shall, upon receipt of written notification from the Administrator or
code enforcement officer, immediately secure the sign, cause it to be placed in good
repair or remove the sign, or shall immediately remove the sign if the administrator has
determined that exigent circumstances exist that require the abatement of a public hazard.
(c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of any
property where an illegally erected sign is located shall have the sign immediately
removed.
(d) Termination of unlawful illumination. Upon receipt of written notification by the code
enforcement officer or administrator that a sign is illuminated in violation of this chapter
or other provisions of the City Code regulating spillover lighting, the owner, owner's
agent, or person in control of the premises, shall immediately terminate the prohibited
illumination of such sign.
Secs. 94-106-94-109 Reserved.
Sec. 94-110. Implied consent.
Any person applying for, and the property owner upon which the sign will be erected,
and receiving a permit for any sign hereby consents to the following:
(1) Consents to complying with all provisions of this Code; and
(2) Consents for city officials to come on private property to inspect all signage and
to remove illegally erected signs upon reasonable advanced notice by the city.
Secs. 94-111--94-114. Reserved.
Sec. 94-115. Viewpoint neutral.
Page 30 of 35
Proposed Amended Sign Code
Notwithstanding anything in this chapter or Code to the contrary, no sign or sign
structure shall be subject to any Iimitation based upon the content (viewpoint) of the message
contained on such sign or displayed on such sign structure.
Secs. 94-116-94-119. Reserved.
Sec. 94-120. Severability.
(a) General. If any part, section, subsection, paragraph, subparagraph, sentence, phrase,
clause, term, or word of this chapter is declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, the declaration of such unconstitutionality
shall not affect any other part, section, subsection, paragraph, subparagraph, sentence,
phrase, clause, term, or word of this chapter.
(b) Severability where less speech results. Without diminishing or limiting in any way the
declaration of severability set forth above in subsection (a), or elsewhere in this chapter,
this Code, or any adopting ordinance, if any part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or word of this chapter is declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
the declaration of such unconstitutionality shall not affect any other part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this
article, even if such severability, would result in a situation where there would be less
speech, whether by subjecting previously exempt signs to permitting or otherwise.
(c) Severability of provisions pertaining to prohibited signs. Without diminishing or limiting
in any way the declaration of severability set forth above in subsection (a), or elsewhere
in this chapter, this Code, or any adopting ordinance, if any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter or any
other law is declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, the declaration of such unconstitutionality shall not affect any
other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term,
or word of this chapter that pertains to prohibited signs, including specifically those signs
and sign types prohibited and not allowed under section 94-6. Furthermore, if any part,
section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of
section 94-6 is declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, the declaration of such unconstitutionality shall not affect any
other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term,
or word of section 94-6.
(d) Severability of prohibition on off -premises signs. If any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter and/or
Page 31 of 35
Proposed Amended Sign Code
any other Code provisions and/or laws are declared invalid or unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, the declaration of such
unconstitutionality shall not affect the prohibition on off -premise signs as contained in
this chapter and Code.
ARTICLE IV. NONCONFORMING SIGNS
Sec. 94-121. Nonconforming signs.
All signs or outdoor displays which are lawfully in existence or are lawfully_ erected and
which do not conform to the provisions of this chapter are declared nonconforming signs. It is the
intent of this chapter to recognize that the eventual elimination of nonconforming signs as
expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the
prohibition of new signs that would violate the provisions of this chapter. No nonconforming
sign shall be changed, expanded or altered in any manner which would increase the de&Lge of its
nonconformity, or be structural] altered tered to prolong its useful life, or be moved in whole or in part
to any other location where it would remain nonconforming.
Lal Termination by abandonment: Any nonconforming sign structure, the use of which as a
sig_p is discontinued for a period of ninety (90) consecutive days, regardless of any intent
to resume or not to abandon such use, shall be presumed to be abandoned and shall not
thereafter be reestablished except in full compliance with this chapter. Any period of such
discontinuance caused by government actions, strikes, material shortages. or acts of God,
and without any contributing fault by the nonconforming user, shall not be considered in
calculating the length of discontinuance for Rurposes of this subsection.
Termination by damage or destruction: Any nonconforming_ sign damaged or destroyed
by any means, to the extent of fifty (50) percent of its replacement cost at the time of
being damaged or destroyed, shall be terminated and shall not be restored.
Lc I Termination by redevelopment: Whenever any revision or modification is made to a
building or to site improvements, which revision or modification requires the submission
of a new or substantially revised site plan or development Dian, pursuant to the Land
Development Code, all signs or sign structures on the parcel of land in question shall be
made to conform with the current requirements of this chapter, or shall be removed.
u Pole Signs - Termination by amortization: Any nonconforming pole sign existing on
(INSERT EFFECTIVE DATEI and not terminated pursuant to any other provision of this
section shall be permanently removed or modified into a pylon sign by [INSERT DATE
TWO YEARS FROM THE EFFECTIVE DATE[, by the installation of a non -corrosive
decorative cover applied over and attached to the supporting pole(s) in accordance with
Page 32 of 35
Proposed Amended Sign Code
industry standards of material and workmanship, except, however, pole signs located
within the visibility triangle shall be permanently removed or relocated from the visibility
triangle by said date in compliance with this chapter.
(e) Signs of a Temporary Nature - amortization. Any nonconforming sign which is designed
to be temporary in nature or portable on RNSERT EFFECTIVE DATEI including, but
not limited to, window signs, portable signs, banners, sandwich boards, and other types of
signs which did not require a building permit to erect shall come into compliance with the
provisions of this ordinance by (INSERT DATE 30 DAYS FROM THE EFFECTIVE
DATEI•
(f) Repair and Maintenance. Reasonable routine repair and maintenance of a
nonconforming sign is permitted in accordance with the requirements of section 110-98
of the City Code,
W Incentives. As an incentive to eliminate nonconforming signs. the city manager shall be
authorized to waive sign permitting fees for any sign application that is filed for purposes
of eliminating or modifying a nonconforming sigg and making it in full compliance with
the provisions of this chanter.
Sec. 94-122. — Exceptions and appeals.
(a) Upon a plication filed with the Administrator, the Administrator may exempt legally
existing nonconforming, signs from the requirements of this chapter related only to
height, sign area. and projection from the building, if the sign owner can demonstrate that
the nonconformity is within twenty percent (20%) of each specific requirement.
However, the sign must be brought into full compliance if it is substantially damaged.
fhl Freestanding signs that are nonconforming only with respect to the ntnimum required
distance from any property lines, shall be allowed to remain in the existing location
provided that no portion of the sign is located within any publicly owned rig rt -of -way,
visibility triangle, or utility easement and that no interference with clear sight distance
exists, and further provided that such signs are otherwise in compliance with the terms of
this chapter.
Section 3. Chapter 110, Article X. AIA Economic Opportunity Overlay District,
Amendment. Chapter 110, Article X. AIA Economic Opportunity Overlay District of the Code
of Ordinances, City of Cape Canaveral, Florida, is hereby amended to add the following new
section as follows (underlined type indicates additions and stFikeeett type indicates deletions,
while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 94. It is
Page 33 of 35
Proposed Amended Sign Code
intended that the text in Chapter 94 denoted by the asterisks and set forth in. this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
Sec. 110-592. Defutitions.
Window sign: See Section 94-1 Definitions.
seasists of individual jeRer-s ea&ef logos paiated, posted, displayed, etehed or- etbefwise plaeo
en the interior or exterief suffaee of the window and inteaded to be Yie%,ed ffem the eutside.
Sec. 110-651. Windows and transparency.
(1) Add visual interest and create a feeling of openness by incorporating windows with
architectural defining features such as window frames, sashes, muntins, glazing, paneled or
decorated jambs and moldings.
[PICTURE OMITTED]
Figure 7. Windows & Transparency
a. A minimum percentage of transparency along a street or primary travel way for different
levels of non-residential uses shall be achieved as follows:
1. Ground level retail: 25% of surface area minimum;
2. Ground level office or other commercial uses: 15% of surface area minimum;
3. Ground level of commercial use over 25,000 SF: 10% of surface area
minimum; and
4. Upper levels of all uses: 15% of surface area minimum.
b. Transparency of the ground level shall be calculated within the first 15 feet of the
building wall, measured vertically at street level, as illustrated in Figure 7.
C. In cases where a building has more than two facades fronting a street or primary travel
way, the transparency requirement shall only be required on two facades based on pedestrian
traffic and vehicular visibility.
d. All ground level windows shall provide direct views to the building's interior or to a lit
display area extending a minimum of three feet behind the window and a maximum of fifteen feet
in height. Window signs may be placed within the display area, provided any such window sign
affixed to or in contact with the window glass shall not exceed twenty-five (25) percent of the
total window glass area fronting the display area.
Page 34 of 35
Proposed Amended Sign Code
e. Ground level windows shall extend above a minimum 18 to 24 inch base.
A continuous curtain wall of glass which exceeds 30 feet in width and 15 feet in height
without intervening vertical and horizontal breaks of at least 24 to 36 inches, shall be
prohibited.
g. Street facing, ground floor windows shall be comprised of non -tinted, clear glass.
h. Windows on the upper levels of buildings may be comprised of tinted glass to reduce
glare and unnecessary reflection.
Sec. 110-709. Business Park/Area Multi-user Sign. Pursuant to a Developer's Agreement
anaroved by Council, a multi-user sign may be erected on SR Al A. Center Street and/or Central
Boulevard to provide signage for properties/businesses located along Central Street, Imperi
Boulevard, Brown Circle, and Commerce Street.
Page 35 of 35
Attachment 4
ORDINANCE NO. 08-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR
THE REGULATION OF SIGNAGE; PROVIDING FOR
COMPREHENSIVE AMENDMENTS TO CHAPTER 94,
SIGNS, OF THE CODE OF ORDINANCES; AMENDING
THE SIGNAGE REQUIREMENTS FOR THE AlA
ECONOMIC OPPORTUNITY OVERLAY DISTRICT;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Council desires to update the City's sign code regulations in
accordance with the amendments contained herein; and
WHEREAS, through the enactment of this Ordinance, the City Council desires to
preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral,
See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia,
Inc. v. City of San Diego, 453 U.S. 490 (1981); and
WHEREAS, the City Council finds that the regulation of signage within the City of
Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any message,
and will furtber the City's legitimate and substantial government interest in minimizing sight
pollution and traffic and safety hazards to persons and property; and
WHEREAS, the City Council finds that the goals of this Ordinance are content neutral
and unrelated to the suppression of free expression; and
WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake
Wales v. Lamar Advertising Ass'n off Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of
Douglasville, Ga., 975 F. 2d 1505 (11 Cir. 1992); and
WHEREAS, due to the its geographical location along the Atlantic Coast, the City of
Cape Canaveral is exposed to salty ocean air, which contributes to accelerated corrosion and
rusting of steel and other corrosive alloys; and
WHEREAS, many existing ground signs located in the City of Cape Canaveral are
structurally supported by exposed vertical supports comprised of steel or other corrosive alloys
which rust; and
City of Cape Canaveral
Ordinance No. 08-2014
Page 1 of 20
WHEREAS, requiring that exposed vertical supports comprised of steel and other
corrosive alloys be covered with a non -corrosive decorative cover, as required by the
amendments contained herein, is intended to improve the aesthetic appearance of ground signs
with exposed vertical supports; and
WHEREAS, the City desires, through adoption of this Ordinance, to provide for the
modernization and beautification of pole signs to enhance the properties upon which such signs
are located, to revitalize interest in local businesses, and to generally improve community
aesthetics; and
WHEREAS, the City's Planning and Zoning Board reviewed this Ordinance at several
public meetings and on October 9, 2013, recommended approval of this Ordinance to the City
Council; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is
in the best interests of the public health, safety, and welfare of the residents and businesses of
Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are 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. Chapter 94 Code Amendment. Chapter 94, Signs, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates
additions and s#*eeut type indicates deletions, while asterisks (***) indicate a deletion from
this Ordinance of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
CHAPTER 94. SIGNS
ARTICLE 1. IN GENERAL
Sec. 94-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Accent lighting means elee4ie disehne Wbing a#mhed as any method of external
illumination that is intended to draw attention to an integral decorative or architectural feature of
the building and not connected or giving the appearance of any connection to the overall signage
City of Cape Canaveral
Ordinance No. 08-2014
Page 2 of 20
of the project. Accent lighting shall be reviewed in accordance with Article III of Chapter 22 of
this Code.
*w*
Banner sign means any sign having the characters, letters, illustrations or ornamentation
applied to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather
signs, flags and pennants (which do not comply with the definition of flag or pennant under this
chapter) but excluding government flags for the purposes of this chapter, designated to attract
attention.
Discontinued sign shall mean any sign located on real property which has been vacant
and unoccupied for a period of ninety (90) days or more; or any sign face which advertises a
service no longer conducted or product no longer sold upon the premises where the sign is
located. Such sign (face and/or structure) shall be considered nonconforming in accordance with
Article IV of this Chapter.
Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a
detriment to traffic safety by reason of its size, location, movement, content, coloring, or method
of illumination, or which obstructs the visibility of any official traffic -control device or which
diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on
streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to
obstruct the vision of pedestrians. The use of flashing, running, or revolving lights in any sign is
prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is
prohibited. Any sign which displays or incorporates into the graphic display any depiction or
simulation identical to or similar to those used for officially recognized traffic siValization,
direction or control shall be prohibited.
Pole signs are signs that are supported by one or more exposed vertical supports of any
shape which are comprised of steel or other corrosive alloys. Two examples of a pole sign are:
Pylon signs are signs that are supported by one or more exposed vertical supports which
are encased within a single non -corrosive decorative cover. Non -corrosive decorative cover
shall mean any materials suitable for installation as a pole sign cover in accordance with
industry standards of material and workmanship, applied over and attached to the supporting
City of Cape Canaveral
Ordinance No. 08-2014
Page 3 of 20
poles(s), including all attachments and fasteners thereto, which shall contain no steel or other
corrosive alloys. Such vole sign cover shall have a minimum width of not less than 1 and '/s
times the depth of the cabinet, but not less than 12 inches, and maximum depth equal to the depth
of the sign cabinet. One (1) example of a pylon sign is:
Scheduled event or occurrence means a sin ug lar preplanned, tem, porary happening during
a particular interval of time on the site advertised. Examples of scheduled events or occurrences
include ayroperty for sale, a coming site development, a grand opening, a retail We, an outdoor
event, and other similar temporM events.
Sign means any object, surface, fabric, device or display, whether illuminated or
nonilluminated, designed to advertise, identify, announce, direct or inform the public, and that is
placed ew of -deers in view of the general public. For purposes of this chapter, the term "sign"
includes all structural members.
Sif�Right-of--way means
land reserved used or to be used as a street, alley, walkway, drainage facility or other public
purpose. One example of a ri t-oEmw
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
City of Cape Canaveral
Ordinance No. 08-2014
Page 4 of 20
Pok
line
Utility Pole
U" Pole
Crass shoulder Grass shoulder
Roadway
cd
3
0
4
Roadway
Grass shoulder cwb
Me !
Property lines
The right-of-way can be thought of as
the public's space between property lines.
In this example, the sidewalks and
utility poles are at the property lines.
Grass shoulder
o I �p I 'Ugly Pole
L n8°
Property Ines
Rigbt-of-way
Temporary signs means a sign displayed for a scheduled event or occurrence beef;
which is not
designed or intended to be placed permanently ' ,
i f f 7
Temnorary signs include only those signs expressly_ referenced in section 94-76 — Temnorary
Sign Table.
Warning sign means a sin required by law or intended to inform the viewer of
dangerous and/or restrictive conditions on the premises.
Window Iizhtin z means any source of illumination intended to illuminate or draw
attention to any displaythat is part of a window sign.
Window sign means illuminated and aeaillarAated any signs affixed to, in contact with
or placed in the interior or exterior windows of a structure, and which can be viewed from the
outside of the structure.
City of Cape Canaveral
Ordinance No. 08-2014
Page 5 of 20
Sec. 944. Exemptions.
The following signs may be erected without a permit, subject, however, to all remaining
requirements of these regulations:
(6) Unless otherwise prohibited under this subsection for safety purposes, interior
window signs shall be allowed provided they are located at or below fifteen (15) feet
from pedestrian grade. Pedestrian grade shall be measured from the walking surface
nearest the window of the subject building. Window signs above fifteen (15) feet from
pedestrian grade shall be prohibited. Window signs permitted by this subsection shall not
exceed twenty-five (25) percent of the total window glass area at or below fifteen feet
from pedestrian grade for each side of the building or unit thereof unless permitted within
a window display area allowed under Chapter 110, Article X. AIA Economic
QpRoftunily Overlay District. d%t d^ not eed 25 e..,eM of the t„t.,f window glass
afea &F eaeh side of the buAdiag er- enit thereof and aFe plaeod in the Upper- er- leweF half
of the window glass afea. I addition, the totalf e elage of theewindow n
to eted above to feet f.e, grade, he added t.. _" to fa e*iafiag sigaw & the
r
Widing or unit ther-Ref Further, all sales transaction and cash register areas, as well as
any other areas that may be deemed as necessary for viewing forup blic safety purposes
by a law enforcement agency, shall not be obstructed from view from the outside of the
building by a window sign. --
(7) Temporary signs on residential property that do not exceed six square feet-m+d-ea
13 Signs erected entirely within the confines of a commercial establishment,
provided they cannot be viewed from a public right-of-way.
14 Warningsigns.
L151 Temporary signs approved under an outdoor entertainment event permit.
l6I Any sign erected or temporarily placed by the city or other governmental body.
City of Cape Canaveral
Ordinance No. 08-2014
Page 6 of 20
Sec. 94-6. Prohibited signs and features.
The following signs and features are strictly prohibited:
(d) Portable signs. Any sign, excluding vehicular signs, which is mobile or is not
securely and permanently attached to the ground or a building is prohibited., except a
sandwich board is permitted in accordance with section 94-76
(bb) Signs placed on fences or gates, other than warning signs.
cc Window lighting, except for window signs authorized by section 94-4(, ).
Temporary signs, except permitted types and uses specified in section 94-76.
fee) Any other sign, feature, or outdoor advertising display that does not comply with
the provisions of this chapter.
ARTICLE H. PERMITS AND INSPECTIONS
Sec. 94-31. Permit Required.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person to
change_a siggn face, change the name of a business displayed on a sign, alter, erect,
construct, enlarge, move, or make structural alterations to any sign within the city, or
cause such to be done without first obtaining a sign permitfor- eaeh sueh sign fiefa the
administmter. This shall not be construed to require any permit for a change of moveable
alphanumeric characters on a sign designed for such moveable characters or a change of
display on an electronic sign M '�- as the .,t...,, tur-o is et
modified io any way. Any sign which is not specifically allowed by this chapter is
prohibited.
ww*
See. 94-35. Fees.
Permit and inspection fees for the erection, alteration or relocation of a sign, exclusive of
any costs for an electrical permit, shall be set forth in appendix B, schedule of fees, to this Code
and shall include fees for the following:
City of Cape Canaveral
Ordinance No. 08-2014
Page 7 of 20
(4) As an incentive to encourage the establishment of new businesses within the city,
the administrator is authorized to waive sign permitting fees for any temporary signage
application that is filed within 30 dans after obtaining the businesses' initial Business Tax
Receipt issued by the city , the eity managef shall be
of elimiaa6ag er- modifying a neneeefemiing sign and making it in fall eemplianee wi
the pr-e�Asiqns of this ehaptff-
ARTICLE 1II. SIZE, LOCATION AND CONSTRUCTION
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on -premises signs.
(1) Temporary on -premise signs must comply with the temporary signage table
below.
Temporary simaae table:
and use
Conditions
-Type
Property for sale or lease may indicate so by use of temporary
a. b, c, d, e, f, g, b, i, i,
si a e.
Property under a development permit may indicate so by use of
a b, c, d, e, f, 2, h, i, j,
temporary signage.
Temporary signage on gubernatorial,_presidential, county, city,
c, d, e, f, % h, i, i, k,
and ggy state and federal primary Election Day and during the
30 days prior to and five days after the Election Day,
Banner Sign
e, g, h, 1,
Bag Sign
a, e, m
Sandwich Board
gAh,ij n
City of Cape Canaveral
Ordinance No. 08-2014
Page 8 of 20
(2) The following conditions shall apgly to any temporary sign unless otherwise
provided in the temporary signage table set forth above.
a. The temporary signage shall be removed when the sign has fulfilled its purpose (e.g.,
the scheduled event or occurrence bas concluded).
b. One temporary sign is allowed for every 150 linear feet of property frontage, or
portion thereof unless additional signage is authorized and required by state or federal
law. Individual tenant spaces for sale or lease may indicate so by use of one temporary
sign for each tenant space or unit, regardless of property frontage.
e. On residential property, no temporary sign shall exceed six square feet.
d. On nonresidential property, no temporary sign shall exceed 32 square feet.
L. The temporary sign may be double-faced (back-to-back) and only one side of a
double-faced sign shall be counted for sign area calculations.
f. The maximum height shall be four feet on residential property, or eight feet on any
non-residential property.
g Minimum setbacks for any part of the temporary sign structure shall be a minimum of
two feet from any right-of-way.
IL No part of any temporary sign shall be placed within the right-of-way or within the
visibility triangle or in any way which impedes pedestrian and/or vehicular traffic safety.
No part of any temporary sign shall be located so as to reduce any uired parking area.
No part of any temporary sign shall be located in such a way that it restricts a pedestrian
way and/or sidewalk to less than forty-four (44) inches in width. Temporary signs shall
be removed and brow t inside a building when there are storm warnings so as not to
become a hazard during a storm event
i. Shall be freestanding and shall not rely on any support that is not a part of the sign,
1 The temporary sign shall be constructed of sturdy material such as wood, hard Mastic,
vinyl hardboard or particle board of sufficient thickness so as to withstand the weather
elements commonly experienced within the city. Cardboard and paper-faced temporary
signs are strictly prohibited unless they are safely fastened, in their entirety, to a backing
made of material set forth in this section.
k. With property owner's consent during gubernatorial, presidential, county and city
election years temporary signs may be placed on Election Day and during the 30 days
prior to and five dates after the Election Day.
1. A maximum of one banner sign may be erected on nonresidential property not to
City of Cape Canaveral
Ordinance No. 08-2014
Page 9 of 20
exceed 96 square feet, and on residential property not to exceed 12 square feet. A banner
sign may be erected for a maximum of 30 consecutive damn nonresidential property
and a maximum of 14 consecutive days on residential property one (1) time during any
calendar year. A banner sign must be securely fastened in a manner to withstand weather
elements commonly experienced in the city.
m. Bag signs shall be allowed for 180 days when the copy area of an existing ground
sign has been damaged and is awaiting repair, when the business has vacated the property
or when the copy area is being replaced to accommodate a new or renamed business. The
administrator may_mant an extension of time for good cause shown provided any
extension shall not exceed 180 calendar days.
n. Sandwich Boards: One sandwich board is allowed for each business located in the
C1, C2 and Ml zoning districts. Sandwich boards must comply with the following
requirements:
(1) Shall not exceed five (5) feet overall height.
(2) Shall not exceed twelve (12) square feet in area.
(3) Shall not be displayed from dusk to daybreak.
(4) Shall be substantially secured or weighted to resist movement while on
display.
(5) Shall not encroach into vehicular circulation areas or be located so as to
reduceparking areas,
In
• -
City of Cape Canaveral
Ordinance No. 08-2014
Page 10 of 20
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City of Cape Canaveral
Ordinance No. 08-2014
Page 11 of 20
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City of Cape Canaveral
Ordinance No. 08-2014
Page 11 of 20
Y.AUMA
* *
Sec. 9478. Electronic signs.
Electronic signs may be approved under this chapter provided the proposed electronic
sign satisfies the following requirements:
(a) A maximum of one electronic sign may be incorporated into a monument sign
or
pylon sign.. The electronic sign must be in compliance with all applicable provisions of
this chapter. Howevef,
iffeer-peffited into a Pylon Further, an electronic sign shall not be a portable or stand
alone stmdaleee sign and shall be mounted in apermanent cabinet.
(sb) The size of the electronic sign shall be limited to a, maximum size equal to 32
square feet. The maximum area of the sign shall not exceed 120 square feet. The
electronic sign shall be fully incorporated within the outer perimeter of the sign. Further,
the size of the electronic sign shall be included in the calculation for the total signage
allowed for the property and the overall size limitation for a particular sign.
City of Cape Canaveral
Ordinance No. 08-2014
Page 12 of 20
* *
Sec. 9478. Electronic signs.
Electronic signs may be approved under this chapter provided the proposed electronic
sign satisfies the following requirements:
(a) A maximum of one electronic sign may be incorporated into a monument sign
or
pylon sign.. The electronic sign must be in compliance with all applicable provisions of
this chapter. Howevef,
iffeer-peffited into a Pylon Further, an electronic sign shall not be a portable or stand
alone stmdaleee sign and shall be mounted in apermanent cabinet.
(sb) The size of the electronic sign shall be limited to a, maximum size equal to 32
square feet. The maximum area of the sign shall not exceed 120 square feet. The
electronic sign shall be fully incorporated within the outer perimeter of the sign. Further,
the size of the electronic sign shall be included in the calculation for the total signage
allowed for the property and the overall size limitation for a particular sign.
City of Cape Canaveral
Ordinance No. 08-2014
Page 12 of 20
(dc, The electronic sign shall be limited to display of sta6ealphanumeric characters
only. Nens#a& Moving graphic displays of non -alphanumeric characters (such as
simulations of fireworks, bouncing hearts, lighthouses, human bodies, and cartoon
characters) shall be prohibited.
(ed) The display time for each message containing alphanumeric characters shall be a
minimum time period of sev four 4 consecutive seconds per display, and the message
(3) The et of the sign shall net exeeed 120 squaft fe@4 Md
feet-.
(gJe The electronic sign shall be set to a specific brightness level and shall
electronically respond to changing light conditions (e.g., change from day to night or to
darkness related to weather). Written certification shall be provided with the sign permit
application from the sign manufacturer that the sign has been preset to not to exceed the
following light level standard as measured in nits, as follows:
(1) Maximum daytime level at 6,000 nits.
(2) Maximum nighttime level at 500 nits.
Further, the preset light level shall be protected from end user manipulations by password
protected software or other acceptable methods.
M If the electronic sign malfunctions, the message, if displayed, shall be maintained
at a maximum light level of 500 nits, or the sign shall be made inactive until the sign is
repaired.
See. 94-81. Temporary off -premises signs.
City of Cape Canaveral
Ordinance No. 08-2014
Page 13 of 20
(a) Temporary off -premises signs may be erected upon issuance of a permit by the
Administrator provided the temporary off -premises sign(s) meets the following
conditions:
(3) The type, use, size, height, and placement of the sign shall comply with
the requirements set forth in section 94-76 for temporary on -premises signs.
See. 94-85. Variances.
r.
0))---A variance may be granted for any requirement under this
chapter pursuant to the variance procedures set forth in chapter 110, article 11.
DIVISION 3. DISTRICT REGULATIONS
Table 94-96-1 District Restrictions
Type of Sign
R-1
R-2
R-3
C-1, C-2 &
M-1
Temporary
On -Premises
Sign
Per Section
94-76
Per Section
94-76
Per Section
94-76
Per Section
94-76
0))---A variance may be granted for any requirement under this
chapter pursuant to the variance procedures set forth in chapter 110, article 11.
DIVISION 3. DISTRICT REGULATIONS
Table 94-96-1 District Restrictions
Type of Sign
R-1
R-2
R-3
C-1, C-2 &
M-1
Temporary
On -Premises
Sign
Per Section
94-76
Per Section
94-76
Per Section
94-76
Per Section
94-76
Temporary
Off -Premises
Sign
Per Section
94-81
Per Section
94-81
Per Section
94-81
Per Section
94-81
Max. area
6 s.f.
6 s.f.
6 s.f.
32 s.f.
Max. height
4'
4'
4'
8'
AFeas-under
a-Genefat
Mex. -t}e
4-
14
Max-afea
4&64—.
4&��-
1 U -s.#:
I 3-s:.
City of Cape Canaveral
Ordinance No. 08-2014
Page 14 of 20
City of Cape Canaveral
Ordinance No. 08-2014
Page 15 of 20
4
4
4
b. Pe
subsentfaetef
Maw-afea
8-s4-.
Q-64
8-s:.
8-6*
4
4
4
4
Home
Max. no.
1
1
1
1
occupation
Max area
2 s.f.
2 s.f.
2 s.f.
2 s.f.
Ground
Max. no.
Prohibited
1 per street
1 per street
1 per street
frontage/per
frontage/per
frontage
access
access
entrance
entrance
Max. 2 si ns
max. 2 signs
Max area
32 s.f.
32 s.f.
One s.f, per
lineal ft. of
property
frontage up
to a max. of
150 s.f.
Max. height
8'
8'
20'
Max. width
25'
25'
25'
Wall
Max. no.
Prohibited
1
1
2 per
storefront or
structure,
provided
each
structure is a
separate
business.
Max. area
One s.f. per
One s.f. per
Parallel to
lineal foot of
lineal foot of
street 15% of
building wall
building wall
wall height
that the sign
that the sign
(x) wall width
is on
is on
of wall that
sign is
located on:
max. 160 s.f.
Perpendicula
r to street,
15% of wall
height (x)
wall width of
wall that sign
is located on;
max. 128 s.f.
City of Cape Canaveral
Ordinance No. 08-2014
Page 15 of 20
ARTICLE IV. NONCONFORNUNG SIGNS
Sec. 94-121. Nonconforming signs.
All_sixns or outdoor displays which are lawfully in existence or are lawfully erected and
which do not conform to the provisions of this chapter are declared nonconforming sigmas. It is
the intent of this chapter to recognize that the eventual elimination of nonconforming signs as
expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the
prohibition of new signs that would violate the provisions of this chapter. No nonconforming
sign shall be changed, expanded or altered in any manner which would increase the degree of its
nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in
part to any other location where it would remain nonconforming.
%i Termination by abandonment: Any nonconforming sign structure. the use of
which as a sign is discontinued for a period of ninety (90) consecutive days regardless of
any intent to resume or not to abandon such use, shall be presumed to be abandoned and
shall not thereafter be reestablished except in full compliance with this chapter. Any
period of such discontinuance caused by government actions, strikes, material shortages
or acts of God, and without any contributing fault by the nonconforming user, shall not
be considered in calculating_ the length of discontinuance for pumoses of this subsection.
Termination by damage or destruction: Any nonconforming sign damaged or
destroyed by any means, to the extent of fifty (50) percent of its replacement cost at the
time of being Ldama !A or destroyed, shall be terminated and shall not be restored.
Lcj Termination by redevelopment. Whenever any revision or modification is made to
a building or to site improvements which revision or modification requires the
submission of a new or substantially revised site plan or development plan,,_pursuant to
the Land Development Code, all signs or sign structures on the parcel of land in question
shall be made to conform -with the current requirements of this chapter, or shall be
removed.
City of Cape Canaveral
Ordinance No. 08-2014
Page 16 of 20
AAa�E--area
Electronic
Max. no.
n/a
n/a
n/a
per Section
Signs
94-78
Max. area.
n/a
n/a
n/a
32 sq. ft.
Wall mural
Prohibited
Prohibited
Prohibited
Prohibited
unless
unless
unless
approved per
approved per
approved per
94-6
94-6
94-6
ARTICLE IV. NONCONFORNUNG SIGNS
Sec. 94-121. Nonconforming signs.
All_sixns or outdoor displays which are lawfully in existence or are lawfully erected and
which do not conform to the provisions of this chapter are declared nonconforming sigmas. It is
the intent of this chapter to recognize that the eventual elimination of nonconforming signs as
expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the
prohibition of new signs that would violate the provisions of this chapter. No nonconforming
sign shall be changed, expanded or altered in any manner which would increase the degree of its
nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in
part to any other location where it would remain nonconforming.
%i Termination by abandonment: Any nonconforming sign structure. the use of
which as a sign is discontinued for a period of ninety (90) consecutive days regardless of
any intent to resume or not to abandon such use, shall be presumed to be abandoned and
shall not thereafter be reestablished except in full compliance with this chapter. Any
period of such discontinuance caused by government actions, strikes, material shortages
or acts of God, and without any contributing fault by the nonconforming user, shall not
be considered in calculating_ the length of discontinuance for pumoses of this subsection.
Termination by damage or destruction: Any nonconforming sign damaged or
destroyed by any means, to the extent of fifty (50) percent of its replacement cost at the
time of being Ldama !A or destroyed, shall be terminated and shall not be restored.
Lcj Termination by redevelopment. Whenever any revision or modification is made to
a building or to site improvements which revision or modification requires the
submission of a new or substantially revised site plan or development plan,,_pursuant to
the Land Development Code, all signs or sign structures on the parcel of land in question
shall be made to conform -with the current requirements of this chapter, or shall be
removed.
City of Cape Canaveral
Ordinance No. 08-2014
Page 16 of 20
(d) Pole Suns - Termination by amortization: Any nonconforming pole sign existing
on (INSERT EFFECTIVE DATE] and not terminated pursuant to any other provision
of this section shall be permanently removed or modified into a pylon sign by IINSERT
DATE TWO YEARS FROM THE EFFECTIVE DATE], by the installation of a non-
corrosive decorative cover applied over and attached to the supporting pole(s) in
accordance with industry standards of material and workmamhip, except, however, pole
signs located within the visibility triangle shall be -permanently removed or relocated
from the visibility triangle by said date in compliance with this chapter.
(e) Signs of a Temporary Nature - amortization. Any nonconforming sign which is
designed to be temporary in nature or portable on IINSERT EFFECTIVE DATE1
including, but not limited to, window si ids, portable signs, banners, sandwich boards
and other types of sign. which did not require a building_ permit to erect shall come into
compliance with the provisions of this ordinance by [INSERT DATE 30 DAYS FROM
THE EFFECTIVE DATE[.
(f) Repair and Maintenance. Reasonable routine repair and maintenance of a
nonconforming sign is permitted in accordance with the requirements of section 110-98
of the City Code.
W Incentives. As an incentive to eliminate nonconforming ,gigns, the city manager
shall be authorized to waive sign permitting fees for any sign application that is filed for
purooses of eliminating or modifying a nonconforming sign_ and making it in full
compliance with the provisions of this chapter.
Sec. 94-122. — Exceptions and appeals.
(a� Upon application filed with the Administrator, the Administrator may exempt
legally existing nonconforming signs from the requirements of this chapter related only to
hei t sign area, and projection from the building, if the sign owner can demonstrate that
the nonconformity is within twenty percent (20%) of each specific requirement.
However, the sign must be brought into fiill compliance if it is substantially damaged.
(�j Freestanding signs that are nonconforming only with respect to the minimum
required distance from My property lines, shall be allowed to remain in the existing
location provided that no portion of the sign is located within any publicly owned right-
of-way, visibility triangle, or utility easement and that no interference with clear sight
distance exists and further provided that such signs are otherwise in compliance with the
terms of this chapter.
City of Cape Canaveral
Ordinance No. 08-2014
Page 17 of 20
Section 3. Chapter 110, Article X. AlA Economic Opportunity Overlay District,
Amendment.—Chapter l 10, Article X. AIA Economic Opportunity Overlay District of the Code
nces
of Ordinances, City of Cape Canaveral, Florida, is hereby amended to add the following new
section as follows underlined type indicates additions and st&eeut type indicates deletions,
while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 94. It is
intended that the text in Chapter 94 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
Sec. 110-592. Definitions.
Window sign: See Section 94-1 Definitions.
outside.
Sec. 110-651. Windows and transparency.
(1) Add visual interest and create a feeling of openness by incorporating windows with
architectural defining features such as window frames, sashes, muntins, glazing, paneled or
decorated jambs and moldings.
[PICTURE OMITTED]
Figure 7. Windows & Transparency
a. A minimum percentage of transparency along a street or primary travel way for different
levels of non-residential uses shall be achieved as follows:
1. Ground level retail: 25% of surface area minimum;
2. Ground level office or other commercial uses: 15% of surface area minimum;
3. Ground level of commercial use over 25,000 SF: 10% of surface area minimum; and
4. Upper levels of all uses: 15% of surface area minimum.
b. Transparency of the ground level shall be calculated within the first 15 feet of the
building wall, measured vertically at street level, as illustrated in Figure 7.
c. In cases where a building has more than two facades fronting a street or primary travel
way, the transparency requirement shall only be required on two facades based on pedestrian
traffic and vehicular visibility.
d. All ground level windows shall provide direct views to the building's interior or to a lit
display area extending a minimum of three feet behind the window and a maximum of fifteen
feet in height Window signs mn be placed within the display area provided any such window
City of Cape Canaveral
Ordinance No. 08-2014
Page 18 of 20
sign affixed to or in contact with the window glass shall not exceed twenty-five (25) percent of
the total window glass area fronting the display area.
e. Ground level windows shall extend above a minimum 18 to 24 inch base.
f. A continuous curtain wall of glass which exceeds 30 feet in width and 15 feet in height
without intervening vertical and horizontal breaks of at least 24 to 36 inches, shall be prohibited.
g. Street facing, ground floor windows shall be comprised of non -tinted, clear glass.
h. Windows on the upper levels of buildings may be comprised of tinted glass to reduce
glare and unnecessary reflection.
Sec. 110-709. Business Park/Area Multi-user Sign. Pursuant to a Developer's Agreement
approved by Council. a multi-user sign may be erected on SR AIA, Center Street and/or Central
Boulevard to provide signage for properties/businesses located along Central Street Imperial
Boulevard, Brown Circle, and Commerce Street.
Section 4. 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 5. Incorporation into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 08-2014
Page 19 of 20
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2014.
ATTEST:
Rocky Randels, Mayor
FOR AGAINST
John Bond
Angela Apperson, City Clerk Bob Hoog
First Reading:
Legal Ad Published:
Second Reading:
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 08-2014
Page 20 of 20
City of Cape Canaveral
City Council Agenda Form
an s
City Council Meeting Date: 08/19/2014
Item No. 19
Subject: Ordinance No. 09-2014; affecting the use of land in the City relating to medical
marijuana treatment centers, whether for medical or recreational use, and relating to
pain management clinics; amending Chapter 110, Zoning, of the Cape Canaveral Code
of Ordinances to include "Medical Marijuana Treatment Centers" and "Pain
Management Clinics" as Special Exceptions in the C1, C2, and M1 Zoning Districts and
setting forth standards and requirements for such uses; 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 Florida Medical Marijuana Initiative (Amendment 2; Attachment 1) is on
the November 4, 2014 ballot and, if approved, would legalize the cultivation, purchase,
possession and use of marijuana to treat "debilitating" diseases.
Many communities throughout Florida have taken the proactive step to adopt local
ordinances to govern the location and operation of medical marijuana centers. Locally,
Cocoa Beach adopted an ordinance on June 19, 2014 (Attachment 2) that will steer
dispensaries to the General Commercial District through a Special Exception approval.
In anticipation of the November vote, it is proposed that Cape Canaveral adopt
regulations regarding the location of medical marijuana treatment centers. As drafted,
Ordinance No. 09-2014 (Attachment 3) treats a marijuana treatment center similar to a
pain management clinic in that these facilities would be limited to property zoned C1,
C2, or M1 as a Special Exception and be subject to the following notable requirements:
1. Require a treatment center to register with the State if required by Florida law;
2. There shall be no less than one -half -mile distance between each pain
management clinic and/or medical marijuana treatment center — regardless of the
municipal boundaries of the City;
3. Treatment centers would also be required to be spaced a minimum of 1,000 feet
from any public or private school or daycare facility;
4. On-site consumption of marijuana or alcohol would be prohibited;
5. A treatment facility would be required to meet daily reporting standards related to
customers and number of prescriptions written and/or filled as well as in-depth
personnel records of owners, operators, employees, workers, volunteers, etc.;
6. Provision for the Board of Adjustment to suspend or revoke the Special
Exception due to fraud, deceit or violations of the terms or conditions of the City's
approval;
7. Medical marijuana treatment centers shall only be permitted to operate between
the hours of 9:00 a.m. and 7:00 p.m., Monday through Friday, and 9:00 a.m. to
5:00 p.m. on Saturday;
8. A medical marijuana treatment center shall not be permitted as a home
occupation;
9. Any parking demand created by a marijuana treatment center shall not exceed
the parking spaces located or allocated on-site; and
City Council Meeting Date: 08/19/2014
Item No.
Page 2 of 2
10. Places certain expectations on a landlord, a leasing agent or an owner of
property leasing to a medical marijuana treatment center.
For purposes of the Ordinance, a Medical marijuana treatment center is defined as
"an entity that acquires, cultivates, possesses, processes (including development of
related products such as food, tinctures, aerosols, oils, or ointments), transfers,
transports, sells, distributes, dispenses, or administers marijuana, products containing
marijuana, related supplies, or educational materials to qualifying patients or their
personal caregivers and is registered by the State Department of Health."
On July 23, 2014, the Planning and Zoning Board recommended approval of this
Ordinance with an amendment that public or private school or daycare facilities would
also be required to be spaced a minimum of 1,000 feet from any treatment centers.
The proposed Ordinance would become effective immediately upon adoption by the
City Council; however, the opening of a medical marijuana center shall only be allowed
once they are deemed legal by the State of Florida should the Initiative be approved on
November 4, 2014.
Submitting Department Director: David Dicke �� I Date: 07/29/14
Attachments:
1 — Initiative Information from the Florida Department of State, Division of Elections
2 — City of Cocoa Beach Ordinance No. 1581
3 — City of Cape Canaveral Ordinance No. 09-2014
4 — Initiative Financial Information Statement provided by the Office of Economic and
Demographic Research EDR
Financial Impact: Initiative Financial Information Statement provided by the Office of
Economic and Demographic Research (EDR) (Attachment 4); Staff time and effort to
prepare this Agenda Item. olu
Reviewed b Finance Director: John DeLeo Date: u
The City Manager recommends that City Council t ke the following action:
Approve Ordinance No. 09-2014, first reading./
Approved by City Manager: David L. Greene Date:V,
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Initiative Information
Reference:
Page 1 of 2
Attachment 1
Florida Department of State
Division of Elections
Use of Marijuana for Certain Medical Conditions
13-02
Article X, Section 29
Summary:
View Full Text (pddf)
Allows the medical use of marijuana for individuals with debilitating diseases as determined
by a licensed Florida physician. Allows caregivers to assist patients' med ica I use of
marijuana. The Department of Health shall register and regulate centers that produce and
distribute marijuana for medical purposes and shall issue identification cards to patients and
caregivers. Applies only to Florida law. Does not authorize violations of federal law or any
non-medical use, possession or production of marijuana.
Related Links:
Financial Impact
Financial Information
Additional Information
Sponsor:
People United for Medical Marijuana Contact: John Morgan, Chairperson
Post Office Box 560296 20 North Orange Avenue
Orlando, FL 32856- Suite 1600
(850) 845-0561 Orlando, FL 32801-0000
Signatures: "Verified Totals are UNOFFICIAL until the Initiative receives certification and a
ballot number.
Required for review by Attorney General: 68,314
Required to have initiative on the ballot: 683,149
** Number currently valid: 786,368
(View By District by County)
Status: Active
Approval Date: 07/10/2013
Undue Burden:
Made Review:
09/20/2013
Attorney General:
09/26/2013
Sent to Supreme
Court:
10/24/2013
http://election.dos.state.fl.us/initiatives/initdetaiI.asp?account=50438&seqnum=2 7/29/2014
Initiative Information
Supreme Court RulingJ1
Constitutional
SC Ruling Date:
01/27/2014
Financial Impact
11/04/2013
Statement Date:
SC Approval of
Financial Impact
01/27/2014
Statement:
Made Ballot:
01/27/2014
Ballot Number:
2
Election Year:
2014
ger Adobr
14sder
Page 2 of 2
Attachment 1
http://election.dos.state.fl.us/initiatives/initdetail.asp?account=50438&seqnum=2 7/29/2014
Attachment 2
ORDINANCE NO. 1581
3 AN ORDINANCE AFFECTING THE USE OF LAND IN THE CITY OF COCOA BEACH, FLORIDA
4 RELATING TO MARIJUANA DISPENSARIES/MEDICAL MARIJUANA TREATMENT CENTERS,
5 WHETHER FOR MEDICAL OR RECREATIONAL USE; AMENDING THE CITY LAND
6 DEVELOPMENT CODE, CHAPTER III, "ZONING," BY AMENDING ARTICLE III,
7 "ESTABLISHMENT OF STANDARD DISTRICTS," SECTION 3-11, "CG GENERAL COMMERCIAL
8 DISTRICT", TO AMEND SUBSECTION E., "SPECIAL EXCEPTIONS," TO REPEAL AND REVISE
9 SUBSECTION 15., "PAIN MANAGEMENT CLINICS," TO INCLUDE AND ALLOW "MARIJUANA
10 DISPENSARIES/MEDICAL MARIJUANA TREATMENT CENTERS" AS SPECIAL EXCEPTIONS
11 IN THE CG ZONING CATEGORY AND; BY SETTING FORTH SITING STANDARDS AND
12 REQUIREMENTS FOR MARIJUANA DISPENSARIES; PROVIDING FOR CONFLICTS;
13 PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, the State of Florida is considering legalizing the dispensing of marijuana; and
16
17 WHEREAS, the City Commission has reviewed studies regarding the impacts of marijuana
18 dispensaries/medical marijuana treatment centers to the surrounding area; and
19
20 WHEREAS, the City Commission of the City of Cocoa Beach has determined that it is in the best
21 interests of the citizenry and general public to regulate the location of marijuana dispensaries/medical marijuana
22 treatment centers in the event the State of Florida legalizes said dispensaries, whether for medical or recreational
23 use; and
24
25 WHEREAS, the City Commission has the responsibility and authority to determine what uses are best
26 suited to particular zoning categories as well as land use categories within the City; and
27
28 WHEREAS, the City Commission of the City of Cocoa Beach has determined that given the potential
29 impact on the surrounding area, marijuana dispensaries/medical marijuana treatment centers should only be
30 permitted within the CG — General Commercial zoned areas of the City, as integrated into and repealing and
31 revising the Land Development Code (LDC) Chapter III, Section 3-11. CG General Commercial District,
32 Paragraph E-15, Special Exception for "Pain Management Clinics," to include "Marijuana Dispensaries/Medical
33 Marijuana Treatment Centers" after a hearing and finding by the City Board of Adjustment that said dispensary
34 meets the requirements for granting a special exception; and
35
36 WHEREAS, the City Commission of the City of Cocoa Beach has determined that it is advisable and in
37 the public interest to set certain distance and other siting standards in regard to the location and operation of
38 marijuana dispensaries/medical marijuana treatment centers; and
39
40 WHEREAS, the City Commission of the City of Cocoa Beach finds that this ordinance promotes the
41 general welfare.
42
43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF COCOA BEACH,
44 FLORIDA, as follows:
45
46 SECTION 1. MARIJUANA DISPENSARIES/MEDICAL MARIJUANA TREATMENT CENTERS
47 ALLOWED AS SPECIAL EXCEPTION USES IN "ONLY" THE CG GENERAL COMMERCIAL
48 ZONING DISTRICT. Subsection E., "Special Exceptions," of Section 3-11, "CG General Commercial
49 District", of Article 111, "Establishment of Districts" of Chapter III, "Zoning," of the Cocoa Beach Land
50 Development Code is hereby amended to repeal and revise subsection E.15, "Pain Management Clinics," to
51 include "Marijuana Dispensaries/Medical Marijuana Treatment Centers" as special exceptions, as follows:
Attachment 2
52 E. 15. Pain Management Clinics and Marijuana DispensarieslMedical Marijuana Treatment Centers. When
53 considering an application for pain management clinics and marijuana dispensaries/medical marijuana treatment
54 centers, the board must consider the special exception criteria listed below, in addition to that criteria listed in
55 subsection 5-57C. The board may deny the request, approve the request, or approve the request with conditions,
56 based upon a review of these considerations. The board may assign additional conditions and safeguards as
57 deemed necessary:
58
59 a. Whether the request will cause damage, hazard, nuisance or other detriment to persons or property.
60
61 b. Any parking demand created by a pain management clinic or marijuana dispensary/medical marijuana
62 treatment center shall not exceed the parking spaces located or allocated on site, as required by the
63 city's parking regulations. An applicant shall be required to demonstrate that on-site traffic and
64 parking attributable to the pain management clinic or marijuana dispensary/medical marijuana
65 treatment center will be sufficient to accommodate traffic and parking demands generated by the pain
66 management clinic or marijuana dispensary/medical marijuana treatment center, based upon a current
67 traffic and parking study prepared by a certified professional.
68
69 c. No pain management clinic or marijuana dispensary/medical marijuana treatment center shall be
70 located within one thousand (1,000) feet of any school or church, or within two hundred (200) feet of
71 any residentially zoned property, as further defined by these regulations. Distances shall be measured
72 by drawing a straight line between the closest point of the pain management clinic or marijuana
73 dispensary/medical marijuana treatment center structure (be it a building or leased space in a
74 building) to the closest property line or edge of leased space (whichever is closer) of the school,
75 church or residentially zoned property.
76
77 d. Unlike Pain Management Clinics, which are also permitted as special exceptions in other Commercial
78 zoning districts, marijuana dispensaries/medical marijuana treatment centers shall be permitted as
79 special exceptions in only the CG General Commercial zoning districts throughout the City, as
80 further defined and/or restricted by the paragraphs of this ordinance, and only through the special
81 exception approval process required for the Board of Adjustment. Also, no other business, aside or
82 separate from the dispensing of marijuana, shall be permitted to be conducted from the same address
83 where the marijuana dispensary/medical marijuana treatment center is located.
84
85 e. Community Redevelopment Agency: No marijuana dispensaries/medical marijuana treatment centers
86 shall be permitted within the legal boundaries defined as the Community Redevelopment Agency
87 (CRA) District for the City of Cocoa Beach. The boundaries of the CRA are defined as the area
88 between Fourth Street South to the south, Cocoa Isles Boulevard to the north, the Atlantic Ocean to
89 the east, and Cedar Avenue to the west. The current CRA has a sunset date which could cause the
90 CRA to expire. Regardless of whether the CRA does or does not expire, no marijuana
91 dispensary/medical marijuana treatment center shall be located within the boundaries of the CRA
92 since this district contains multi -family residential properties and residential/commercial mixed use
93 properties, with the focus of the CRA district being one of redevelopment, with a high concentration
94 of commercial uses designed to accommodate family-oriented tourists and locals. As a result, and
95 since it is the City's desire to locate marijuana dispensaries/medical marijuana treatment centers away
96 from residential zoning districts and family -friendly, tourist hot -spots, it has been determined that a
97 marijuana dispensary/medical marijuana treatment center would not be a good use on the properties
98 currently zoned as CG — General Commercial in this district.
99
100 f. Controlled Substances. The onsite sale, provision, or dispensing of marijuana is prohibited except as
Page 2 of 4
Ordinance 1581
Attachment 2
101 specifically authorized by either federal or state law. The onsite cultivating and processing of
102 marijuana shall be prohibited within the City limits.
103
104
105 g. Loitering. A marijuana dispensary/medical marijuana treatment center shall provide adequate seating
106 for its patients and business invitees. The marijuana dispensary/medical marijuana treatment center
107 shall not direct or encourage any patient or business to stand, sit (including in a parked car), or gather
108 or loiter outside of the building where the dispensary/center operates, including in any parking areas,
109 sidewalks, rights-of-way, or neighboring properties for any period of time longer than reasonably
110 required for patients to conduct their official business and depart. The marijuana dispensary/medical
111 marijuana treatment center shall post conspicuous signs on at least three (3) sides of the building
112 stating that no loitering is allowed on the property.
113
114 h. Queuing of Vehicles. The marijuana dispensary/medical marijuana treatment center shall ensure that
115 there is no queuing of vehicles in the rights-of-way. The marijuana dispensary/medical marijuana
116 treatment center shall take all necessary and immediate steps to ensure compliance with this
117 paragraph.
118
119 i. No Drive -Through Service. No marijuana dispensary/medical marijuana treatment center shall have a
120 drive-through or drive-in service aisle. All dispensing, payment for and receipt of said marijuana
121 shall occur from within or inside the marijuana dispensary/medical marijuana treatment center.
122
123 j. On -Site Consumption o Marijuana and/or Alcoholic Beverages. No consumption of marijuana or
124 alcoholic beverages shall be allowed on the premises, including in the parking areas, sidewalks or
125 rights-of-way. The marijuana dispensary/medical marijuana treatment center shall take all necessary
126 and immediate steps to ensure compliance with this paragraph.
127
128 k. Additional Separation Distances. Marijuana dispensaries/medical marijuana treatment centers and all
129 business signage shall not be permitted to be located within two hundred (200) feet from the
130 centerline of the following streets: State Route AIA; State Route 520; Ocean Beach Boulevard; and,
131 Minutemen Causeway. A marijuana dispensary may operate in the CG — General Commercial
132 districts located in these areas and along these streets, as long as they do not front onto said streets or
133 have any building signage or property signage facing these streets. Distances shall be measured by
134 drawing a straight line from the centerline of said streets to the nearest part of the signage, wall or
135 part of the structure of the space or building leased or purchased for the proposed marijuana
136 dispensary/medical marijuana treatment center. The applicant may request a variance from the
137 requirements of this paragraph, or paragraph `c' above, as provided for in the requirements outlined
138 in the City of Cocoa Beach Land Development Code.
139
140 1. Hours operation. Marijuana dispensaries/medical marijuana treatment centers shall only be
141 allowed to operate between 7:00 A.M. and 7:00 P.M., Monday through Friday, and between 7:00
142 A.M. and 12:00 P.M. (Noon) on Saturdays and Sundays.
143
144 m. Compliance with Other Laws. All marijuana dispensaries/medical marijuana treatment centers shall
145 at all times be in compliance with all federal and state regulations, and the Cocoa Beach City Code of
146 Ordinances and Land Development Code, as may be applicable and amended from time to time.
147
148 n. Exemptions. Licensed pharmacies existing as of the effective date of the enactment of this ordinance
149 shall be exempt from the requirements of this ordinance. All new licensed pharmacies thereafter shall
150 be required to adhere to all of the guidelines and restrictions outlined and specified in this ordinance.
151
Page 3 of 4
Ordinance 1581
Attachment 2
152 SECTION 2. CONFLICTS. Any ordinance, resolution, or part thereof, in conflict with this Ordinance, or any
153 part hereof, is hereby repealed to the extent of such conflict.
154
155 SECTION 3. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be
156 unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If
157 this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or
158 circumstances, such holding shall not affect its applicability to any other person, property or circumstances.
159 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption
160 by the City Commission as to the acceptable siting locations for marijuana dispensaries/medical marijuana
161 treatment centers, however the opening of a marijuana dispensary/medical marijuana treatment center and the
162 selling of marijuana products as defined by the Florida Constitution or Florida Law shall occur only upon and
163 after the official date in which the sale and distribution of marijuana has been deemed legal by the State of
164 Florida.
165
166 SECTION 5. REPEALER. Any and all ordinances and regulations in conflict herewith are hereby repealed to
167 the extent of any conflict. This ordinance specifically repeals and replaces the following ordinance(s) and
168 regulation(s): Land Development Code, Chapter III, Article 3, Section 3-11, Subsection E, Paragraph 15 titlesd
169 "Pain Management Clinics.
170
171 SECTION 6. INCLUSION INTO THE LAND DEVELOPMENT CODE. It is the intent of the City
172 Commission that the provisions of this ordinance shall become and be made a part of the City of Cocoa Beach
173 Land Development Code, and that the sections of this ordinance may be renumbered or relettered and the word
174 "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in
175 order to accomplish such intentions.
176
177 Passed on the first reading on the 5"' day of June , 2014.
178
179 Upon Motion by Commissioner Williams and Seconded by Commissioner Dillon, this Ordinance was duly adopted
180 at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the 19th day of June,
181 2014.
182 Ayes: 4
183 Nays: 1
184 Absent or Abstaining: 0
185
186
187
188
189 Dave Netterstrom,
190 ATTEST: Mayor -Commissioner
191
192
193
194
195
196 Loredana Kalaghchy, MMC, City Clerk
197 First Reading: June 5, 2014
198 Date Published: May 1, 2014
199 Date Posted: May 24, 2014
Page 4 of 4
Ordinance 1581
Attachment 3
ORDINANCE NO. 09-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AFFECTING THE USE OF LAND IN THE CITY
RELATING TO MEDICAL MARIJUANA TREATMENT
CENTERS, WHETHER FOR MEDICAL OR
RECREATIONAL USE, AND RELATING TO PAIN
MANAGEMENT CLINICS; AMENDING CHAPTER 110,
ZONING, OF THE CAPE CANAVERAL CODE OF
ORDINANCES TO INCLUDE "MEDICAL MARIJUANA
TREATMENT CENTERS" AND "PAIN MANAGEMENT
CLINICS" AS SPECIAL EXCEPTIONS IN THE C1, C2, AND
M1 ZONING DISTRICTS AND SETTING FORTH
STANDARDS AND REQUIREMENTS FOR SUCH USES;
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, a ballot initiative has been scheduled for state wide vote in November,
2014, to allow the dispensing and use of marijuana for medical purposes by persons with
debilitating diseases; and
WHEREAS, in 1996, the state of California became the first state to legalize the use,
possession and cultivation of medical marijuana, and several other states subsequently enacted
laws legalizing medical marijuana in various circumstances; and
WHEREAS, the California Police Chiefs Association developed a Task Force on
Marijuana Dispensaries to develop the "White Paper on Marijuana Dispensaries" ("White
Paper"), which white paper was published in 2009; and
WHEREAS, the White Paper on Marijuana Dispensaries examined the direct and
indirect adverse impacts of marijuana dispensaries in local communities and indicates that
marijuana dispensaries may attract or cause ancillary crimes, marijuana smoking in public or
around children, the sale of other, illegal drugs at dispensaries, loitering and nuisances, and
increased traffic accidents and driving under the influence arrests in which marijuana is
implicated; and
WHEREAS, the White Paper further indicates that crime statistics may inadequately
reflect the actual number of crimes committed at marijuana dispensaries, and additionally, that
City of Cape Canaveral
Ordinance No.09-2014
Page 1 of 10
Attachment 3
the presence of marijuana dispensing businesses may contribute to the existence of a secondary
market for illegal, street -level distribution of marijuana; and
WHEREAS, the White Paper outlines the following typical complaints received from
individuals regarding certain marijuana dispensary study areas: high levels of traffic going to and
from the dispensaries, people loitering in the parking lot of the dispensaries, people smoking
marijuana in the parking lot of the dispensaries, vandalism near dispensaries, threats made by
dispensary employees to employees of other businesses, and citizens worried that they may
become a crime victim due to their proximity to dispensaries; and
WHEREAS, the White Paper found that many medical marijuana business owners had
histories of drug and violence -related arrests, that records or lack of records showed that some
owners were not properly reporting income generated from the sales of marijuana, that some
medical marijuana businesses were selling to individuals without serious medical conditions, and
that the California law had no guidelines on the amount of marijuana which could be sold to an
individual; and
WHEREAS, the White Paper ultimately concludes that there are many adverse
secondary effects created by the presence of medical marijuana dispensaries in communities; and
WHEREAS, the City Council of the City of Cape Canaveral, has determined that, in the
event the State of Florida legalizes medical marijuana, it is in the best interests of the citizenry
and general public to regulate medical marijuana treatment centers; and
WHEREAS, the City Council of the City of Cape Canaveral has the responsibility and
authority to determine what uses are best suited to particular zoning categories as well as land
uses within the City; and
WHEREAS, the City Council of the City of Cape Canaveral has determined that given
the potential impact on the surrounding areas, that medical marijuana treatment centers and pain
management clinics should be permissible only within the C-1, C-2, and M-1 zoning districts
after a hearing and finding by the City's Board of Adjustment that said medical marijuana
treatment center or pain management clinic complies with city regulations; and
WHEREAS, the City Council of the City of Cape Canaveral has determined that it is
advisable and in the public interest to set certain distance and other siting standards in regard to
the location and operation of pain management clinics and medical marijuana treatment centers;
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:
City of Cape Canaveral
Ordinance No.09-2014
Page 2 of 10
Attachment 3
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 110, Zoning. Chapter 110, Zoning, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and str-ikeeu 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):
Sec. 110-1. Definitions.
Medical marijuana treatment center means an entity that acquires, cultivates, possesses,
processes (including development of related products such as food, tinctures, aerosols, oils, or
ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products
containing marijuana, related supplies, or educational materials to qualifying patients or their
personal caregivers and is registered by the state Department of Health.
Sec. 110-334. Special exceptions permissible by board of adjustment.
(c) Special exceptions may be permitted for the following:
18 Medical marijuana treatment centers, subject to the requirements of section 110-
489 of this Code.
Sec. 110-354. Special exceptions permissible by board of adjustment.
(c) Special exceptions may be permitted for the following:
15 Pain management clinics, subject to the requirements of section 110-489 of this
Code.
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Ordinance No.09-2014
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Attachment 3
16 Medical marijuana treatment centers, subject to the requirements of section 110-
489 of this Code.
Sec. 110-383. Special exceptions permissible by the board of adjustment.
(c) Special exceptions may be permitted for the following:
Medical marijuana treatment centers, subject to the requirements of section 110-
489 of this Code.
Sec. 110-489. Pain management clinic and medical marijuana treatment center regulations.
Pain management clinics and medical marijuana treatment centers may only be permitted by
special exception in the C-1, C-2 and M-1—ani-2 zoning districts, subject to the general
conditions for special exceptions and subject to the following requirements:
(a) State registration. Pain management clinics and medical marijuana treatment centers
must be registered with the state if as required by Florida law. If registration is required
by state law, then proof of registration, application for registration or letter of exemption
must be provided with the special exception application for the pain management clinic
or medical mariivana treatment center.
(b) Pain management clinic licensing.Each pain management clinic shall be operated by a
medical director who is a Florida -licensed physician, board-certified in pain medicine,
and who shall be responsible for complying with all requirements related to registration
and operation of the clinic. The designated physician must have a full, active, and
unencumbered license under F.S. ch. 458 or ch. 459, and shall practice at the clinic
location for which the physician has assumed responsibility. Within ten days after
termination or absence of the medical director, the clinic must notify the city of the
identity of another medical director for the clinic.
(c) Separation requirements from similar uses. There shall be no less than one -half -mile
distance between each pain management clinic and/or each medical marijuana treatment
center regardless of the municipal boundaries of the city.
(d) Separation requirements from schools and daycare facilities. No pain management clinic
or medical marijuana treatment center shall be permitted to locate within 1,000 feet of
City of Cape Canaveral
Ordinance No.09-2014
Page 4 of 10
Attachment 3
any public or private school or daycare facility and no public or private school or daycare
facility shall be permitted to locate within 1,000 feet of a pain management clinic or
medical marijuana treatment center.
(e) Hours of Operation. Pain management clinics and medical marijuana treatment centers
shall only be permitted to operate between the hours of 9:00 a.m. and 7:00 p.m., Monday
through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday.
(f) Requirement for indoor operation and prohibition on loitering, There shall be no
outdoor seating areas, queues, or customer waiting areas. All activities of the pain
management clinic or medical marijuana treatment center. including sales, display,
preparations and storage;; shall be conducted entirely within an enclosed building. A
pain management clinic or medical marijuana treatment center shall provide adequate
seating for its patients and business invitees. The pain management clinic or medical
marijuana treatment center shall not direct or encourage any patient or business invitee to
stand, sit, gather or loiter outside of the building where the clinic or center operates,
including in a parked car, including in any parking areas, sidewalks, rights-of-way, or
neighboring_ properties for any period of time longer than reasonably required for patients
to conduct their official business and depart. The pain management clinic or medical
marijuana treatment center shall post conspicuous signs on at least three (3) sides of the
buildingstating tating that no loitering is allowed on the property.
W Vehicular Traffic. The pain management clinic or medical marijuana treatment center
shall ensure that there is no queuing of vehicles in the rights-of-way. No pain
management clinic or medical marijuana treatment center shall have a drive-through or
drive-in service aisle.
Prohibition of on-site consumption of pain management drugs, marijuana or alcohol. No
consumption of a pain management drug, marijuana, or alcoholic beverage shall be
allowed on the premises, including in the parking areas, sidewalks, or rights-of-way.
Parking. Any parking demand created by pain management clinic or medical
marijuana treatment center shall not exceed the parking spaces located or allocated on
site, as required by the cit parking regulations. An applicant shall be required to
demonstrate that on-site traffic and parking attributable to the pain management clinic or
medical marijuana treatment center will be sufficient to accommodate traffic and parking
demands it generates, based upon a current traffic and parking study prepared by
certified professional.
(-tU Prohibition on cash only businesses. Limiting payment for goods or services to cash
only is prohibited.
(h}Ckj Daily Reports Required. Pain management clinics and medical marijuana treatment
centers shall be required to submit to the Brevard County Sheriffs Office a daily
summary containing the following information from the prior business day:
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Ordinance No.09-2014
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Attachment 3
(i) The total number of prescriptions written that day;
(ii) The total number of doses of drugs sold and/or dispensed by the pain management
clinic or medical mariivana treatment center that day (including samples),
specifying how many doses were sold or dispensed; the person prescribing or
dispensing same; and the manner of payment by each person who was dispensed
drugs at the clinic that day; and
(iii) The state of residence of each person to whom drugs were prescribed or dispensed
that day.
(4)f Prohibition on home occupations. A pain management clinic or medical marijuana
treatment center shall not be permitted as a home occupation.
(fi&m No pain management clinic or medical marijuana treatment center shall be wholly or
partially owned by, or have any contractual relationship (whether as a principal, partner,
officer, member, managing member, employee, independent contractor, or otherwise)
with any physician, pharmacist, or any other person who prescribes drugs and who,
within five years prior to the receipt of any application for special exception:
(i) Has been suspended, had his or her license revoked, or been subject to
disciplinary action for prescribing, dispensing, administering, providing,
supplying, or selling any controlled substance in violation of any state, federal, or
similar law where such person is licensed to practice;
(ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for, a violation of any state, federal, or similar law related to
drugs or alcohol, specifically including but not limited to, prescribing, dispensing,
administering, providing, supplying, or selling any controlled substance;
(iii) Has been suspended, had his or her license revoked, or been subject to
disciplinary action by any state, federal, or other governmental entity where such
person is licensed to practice;
(iv) Has had any state, federal, or other governmental entity where such person is
licensed to practice take any action against such person's license as a result of
dependency on drugs or alcohol; or
(v) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for, any felony or crime involving moral turpitude.
(k4LnJ No pain management clinic or medical marijuana treatment center shall be wholly or
partially owned by, or have as a principal, partner, officer, member, managing member,
or otherwise where the owner is an entity, any person who:
(i) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for, a violation of any state, federal, or similar law related to
drugs or alcohol; or
(ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for, any felony or crime involving moral turpitude.
City of Cape Canaveral
Ordinance No.09-2014
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Attachment 3
(4)(o) No pain management clinic or medical marijuana treatment center shall employ any
person, as an independent contractor or otherwise, who:
(i) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for, a violation of any state, federal, or similar law related to
drugs or alcohol, specifically including but not limited to, prescribing, dispensing,
administering, providing, supplying or selling any controlled substance; or
(ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for, any felony or crime involving moral turpitude within the
five years preceding the application for special exception.
(ffi4(p) Landlord Responsibilities.
(i) Any landlord, leasing agent, or owner of property upon which a pain management
clinic or medical marijuana treatment center operates, who knows, or in the
exercise of reasonable care should know, that a medical marijuana treatment
center is operating in violation of city code or applicable Florida law, including
the rules and regulations promulgated by the state Department of Health, must
prevent, stop, or take reasonable steps to prevent the continued illegal activity on
the leased premises.
(ii) Landlords who lease space to a medical marijuana treatment center must
expressly incoKporate language into the lease or rental agreement stating that
failure to comply with city code is a material non -curable breach of the lease and
shall constitute grounds for termination of the lease and immediate eviction by the
landlord.
(n)Lc� Additional application information. An applicant seeking a special exception for a pain
management clinic or medical marijuana treatment center shall, in addition to the general
application information required for special exceptions, provide the following:
(i) The pain management clinic's or medical marijuana treatment center's registration
number issued by the Florida Department of Health, as required by Florida law.
(ii) For pain management clinics, the nName of the medical director, as required
herein, responsible for complying with all requirements related to operation of the
pain management clinic and the medical director's Drug Enforcement Agency
number.
(iii) A list of all persons associated with the management or operation of the pain
management clinic or medical marijuana treatment center, whether paid or
unpaid, part-time or full-time, including all contract labor and independent
contractors. This list shall include, but not be limited to, all owners, operators,
employees and volunteers. For persons listed, the following additional
information must be provided:
(A) Person's title, current home address, telephone number and date of birth;
City of Cape Canaveral
Ordinance No.09-2014
Page 7 of 10
Attachment 3
(B) List of all criminal convictions whether misdemeanor or felony; that are
drug related;
(C) A copy of a current Florida driver's license or government issued photo
identification; and
(D) A set of fingerprints.
(iv) If the property owner is different from the owner of the pain management clinic or
medical marijuana treatment center, the applicant shall provide the name, address,
telephone number and a copy of a Florida driver's license or government issued
photo identification of the property owner along with the application.
(v) An inventory of diagnostic equipment to be located at the clinic;
(vi) A natural disaster management plan;
(vii) A floor plan showing the location and nature of adequate security measures,
including those required by the State of Florida for controlled substances, to
safeguard all drugs to be dispensed in the course of its business.
(viii) An affidavit of the medical director of the pain management clinic or owner of
the medical marijuana treatment center, signed under oath, attesting:
(A) That their practice is located at the subject iient elinie;
(B) That no employees of the facility have been convicted of a drug-related
felony within the five years preceding the application for special
exception;
(C) That the pain management clinic or medical marijuana treatment center
will not knowingly employ any such convicted felons thereafter; and
(D) For pain management clinics, tThat the medical director shall be required
to inform the city within ten days should the medical director be
terminated or otherwise leave the affiliation of the pain management clinic
as medical director.
The medical director of the pain management clinic, or owner of the
medical marijuana treatment center shall be required to keep all
application information updated with the city at all times, even after
issuance of a special exception, and said information shall be verified
annually by the city in conjunction with the city's local business tax
receipt renewal process. The medical director of the pain management
clinic, or owner of the medical marijuana treatment center shall notify the
city of any change to the information within ten days of any new person
becoming associated with the pain management clinic or medical
mariivana treatment center or any other change to the application
information required herein. Failure to properly maintain updated
information with the city shall be grounds for revocation of theme
management elini . special exception.
Sinjle special exception application/Single classi zcation of special exception. Only one
(1) special exception may be issued for a location or any building and only under a
City of Cape Canaveral
Ordinance No.09-2014
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Attachment 3
single classification for either a pain management clinic or medical marijuana treatment
center.
(s) Compliance with Law. The pain management clinic or medical marijuana treatment
center shall at all times be subject to the requirements of all applicable federal, state,
county and local laws and ordinances, as they may be amended from time to time.
(t) Suspension or Revocation of Special Exception. Any special exception granted for a pain
management clinic or medical marijuana treatment center may be temporarily suspended
or absolutely revoked by majority vote of the board of adjustment at a public hearing,
when the board of adjustment has determined by competent substantial evidence that
either:
(i) The pain management clinic or medical marijuana treatment center has obtained
the special exception upon false statements, fraud, deceit, misleading statements,
or suppression of material facts;
(ii) The pain management clinic or medical marijuana treatment center has committed
substantial violations of the terms and conditions on which the special exception
was granted;
(iii) The pain management clinic or medical marijuana treatment center no longer
meets the requirements of this section or other applicable law; or
(iv) The medical director or any other employee of the pain management clinic or
medical marijuana treatment center knowingly allowed illegal activities to be
conducted on the premises.
Prior to any special exception being revoked, the pain management clinic or medical
marijuana treatment center shall be provided with minimum due process including notice
of the grounds for revocation and hearing date, an opportunity to be heard, the right to
present evidence, and the right to cross-examine adverse witnesses.
(u) Certification affidavit by applicants for related uses.
(i) Any application for a business tax receipt under chapter 70 of this code, as a pain
management clinic or as a medical marijuana treatment center as such terms are
defined in section 110-1 of this code, shall be accompanied by an executed
affidavit certifying_ registration with the State of Florida and the city as a pain
management clinic or as a medical marijuana treatment center, as applicable. The
failure of an applicant to identify the business in the application for a business tax
receipt as again management clinic or medical marijuana treatment center will
result in the immediate expiration of the business tax receipt and immediate
ceasing of all activity conducted in the pain management clinic or medical
marijuana treatment center.
(ii) Any applicant's application for a business tax receipt and executed affidavit
relating to use as a pain management clinic or as a medical marijuana treatment
center, where applicable, shall be provided to the city building division at the time
of the proposed use.
City of Cape Canaveral
Ordinance No.09-2014
Page 9 of 10
Attachment 3
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 passage
and adoption by the City Council, however, the opening and/or operating of a medical marijuana
treatment center as defined by the Florida constitution or Florida law shall occur only upon and
after the effective date upon which medical marijuana treatment centers are deemed legal by the
State of Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of
92014.
ATTEST:
ROCKY RANDELS, Mayor
John Bond
ANGELA APPERSON, City Clerk, MMC Bob Hoog
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Buzz Petsos
Rocky Randels
Betty Walsh
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.09-2014
Page 10 of 10
For Against
Attachment 4
INITIATIVE FINANCIAL INFORMATION STATEMENT FOR
USE OF MARIJUANA FOR CERTAIN MEDICAL CONDITIONS
SUMMARY OF INITIATIVE FINANCIAL INFORMATION STATEMENT
The amendment allows the use of medical marijuana for certain specified medical conditions, as well as
other conditions, for which a physician licensed in Florida believes the medical use of marijuana would
likely outweigh the potential health risks for the patient. In addition, a process is established for the sale
of medical marijuana to qualifying patients and designated caregivers. Based on the information
provided through public workshops and staff research, the Financial Impact Estimating Conference
expects that the proposed amendment will have the following financial effects:
• According to the final analysis provided by the Department of Health, the department will incur
an estimated $1.1 million in costs each year to comply with the regulatory responsibilities
assigned to it by the constitutional amendment. These costs will likely be offset through fees
charged to the medical marijuana industry and users, but this may require further action by the
Legislature.
• The Department of Business and Professional Regulation, the Agency for Health Care
Administration, and the Department of Agriculture and Consumer Services do not expect the
amendment's passage to produce a significant impact on their regulatory functions. To the
extent regulatory impacts occur, they will likely be offset through fees charged to the affected
industries.
• The Department of Highway Safety and Motor Vehicles, the Police Chiefs Association, and the
Sheriffs Association expect additional law enforcement costs based on the experience from
other states that have similar amendments or laws, but the magnitude could not be determined
at this time.
• Other state and local agencies were unable to quantify the amendment's impact, if any, on the
services they provide.
• The Conference has determined that the purchase of medical marijuana is subject to Florida
sales and use tax since medical marijuana is tangible personal property for the purposes of
Chapter 212, Florida Statutes, unless a specific exemption exists.
• After testimony from the Department of Revenue, the Conference determined that agricultural -
related exemptions apply to sales of medical marijuana when the grower or cultivator sells or
dispenses the product directly to the end-user or designated caregiver. However, if the grower
or cultivator sells the product to a third -party retailer (a non-taxable transaction) which then
sells or dispenses the product to the end-user or a caregiver, the agricultural exemption on the
final sale is lost and that transaction becomes taxable. Since the sponsors indicated that the
proposed amendment was drafted to allow various levels of industry integration, the potential
for both taxable and exempt activities exists. In the case of a segmented market structure, the
determination of whether medical marijuana is a common household remedy (and therefore
exempt) becomes significant. Until this determination is made by the Department of Revenue
and/or the Department of Business and Professional Regulation or by a future action of the
Legislature, the tax treatment of a sale through a third -party to the end-user is uncertain.
• The magnitude of the impact on property taxes, either positive or negative, cannot be
determined.
Page 1 of 16
Attachment 4
FINANCIAL IMPACT STATEMENT
Increased costs from this amendment to state and local governments cannot be determined. There will
be additional regulatory and enforcement activities associated with the production and sale of medical
marijuana. Fees will offset at least a portion of the regulatory costs. While sales tax may apply to
purchases, changes in revenue cannot reasonably be determined since the extent to which medical
marijuana will be exempt from taxation is unclear without legislative or state administrative action.
SUBSTANTIVE ANALYSIS
A. Proposed Amendment
Ballot Title:
Use of Marijuana for Certain Medical Conditions.
Ballot Summary:
Allows the medical use of marijuana for individuals with debilitating diseases as determined by a
licensed Florida physician. Allows caregivers to assist patients' medical use of marijuana. The
Department of Health shall register and regulate centers that produce and distribute marijuana
for medical purposes and shall issue identification cards to patients and caregivers. Applies only
to Florida law. Does not authorize violations of federal law or any non-medical use, possession
or production of marijuana.
Proposed Amendment to the Florida Constitution:
ARTICLE X, SECTION 29. Medical marijuana production, possession and use.—
(a) PUBLIC POLICY.
(1) The medical use of marijuana by a qualifying patient or personal caregiver is not
subject to criminal or civil liability or sanctions under Florida law except as provided
in this section.
(2) A physician licensed in Florida shall not be subject to criminal or civil liability or
sanctions under Florida law for issuing a physician certification to a person
diagnosed with a debilitating medical condition in a manner consistent with this
section.
(3) Actions and conduct by a medical marijuana treatment center registered with the
Department, or its employees, as permitted by this section and in compliance with
Department regulations, shall not be subject to criminal or civil liability or sanctions
under Florida law except as provided in this section.
(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the
following meanings:
(1) "Debilitating Medical Condition" means cancer, glaucoma, positive status for human
immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS),
hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease,
multiple sclerosis or other conditions for which a physician believes that the medical
use of marijuana would likely outweigh the potential health risks for a patient.
(2) "Department" means the Department of Health or its successor agency.
Page 2 of 16
Attachment 4
(3) "Identification card" means a document issued by the Department that identifies a
person who has a physician certification or a personal caregiver who is at least
twenty-one (21) years old and has agreed to assist with a qualifying patient's
medical use of marijuana.
(4) "Marijuana" has the meaning given cannabis in Section 893.02(3), Florida Statutes
(2013).
(5) "Medical Marijuana Treatment Center" means an entity that acquires, cultivates,
possesses, processes (including development of related products such as food,
tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes,
dispenses, or administers marijuana, products containing marijuana, related
supplies, or educational materials to qualifying patients or their personal caregivers
and is registered by the Department.
(6) "Medical use" means the acquisition, possession, use, delivery, transfer, or
administration of marijuana or related supplies by a qualifying patient or personal
caregiver for use by a qualifying patient for the treatment of a debilitating medical
condition.
(7) "Personal caregiver" means a person who is at least twenty-one (21) years old who
has agreed to assist with a qualifying patient's medical use of marijuana and has a
caregiver identification card issued by the Department. A personal caregiver may
assist no more than five (5) qualifying patients at one time. An employee of a
hospice provider, nursing, or medical facility may serve as a personal caregiver to
more than five (5) qualifying patients as permitted by the Department. Personal
caregivers are prohibited from consuming marijuana obtained for the personal,
medical use by the qualifying patient.
(8) "Physician" means a physician who is licensed in Florida.
(9) "Physician certification" means a written document signed by a physician, stating
that in the physician's professional opinion, the patient suffers from a debilitating
medical condition, that the potential benefits of the medical use of marijuana would
likely outweigh the health risks for the patient, and for how long the physician
recommends the medical use of marijuana for the patient. A physician certification
may only be provided after the physician has conducted a physical examination of
the patient and a full assessment of the patient's medical history.
(10)"Qualifying patient" means a person who has been diagnosed to have a debilitating
medical condition, who has a physician certification and a valid qualifying patient
identification card. If the Department does not begin issuing identification cards
within nine (9) months after the effective date of this section, then a valid physician
certification will serve as a patient identification card in order to allow a person to
become a "qualifying patient" until the Department begins issuing identification
cards.
(c) LIMITATIONS.
(1) Nothing in this section shall affect laws relating to non-medical use, possession,
production or sale of marijuana.
(2) Nothing in this section authorizes the use of medical marijuana by anyone other
than a qualifying patient.
(3) Nothing in this section allows the operation of a motor vehicle, boat, or aircraft
while under the influence of marijuana.
(4) Nothing in this law section requires the violation of federal law or purports to give
immunity under federal law.
Page 3 of 16
Attachment 4
(S) Nothing in this section shall require any accommodation of any on-site medical use
of marijuana in any place of education or employment, or of smoking medical
marijuana in any public place.
(6) Nothing in this section shall require any health insurance provider or any
government agency or authority to reimburse any person for expenses related to
the medical use of marijuana.
(d) DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary
for the implementation and enforcement of this section. The purpose of the regulations is to
ensure the availability and safe use of medical marijuana by qualifying patients. It is the duty
of the Department to promulgate regulations in a timely fashion.
(1) Implementing Regulations. In order to allow the Department sufficient time after
passage of this section, the following regulations shall be promulgated no later than
six (6) months after the effective date of this section:
a. Procedures for the issuance of qualifying patient identification cards to
people with physician certifications, and standards for the renewal of such
identification cards.
b. Procedures for the issuance of personal caregiver identification cards to
persons qualified to assist with a qualifying patient's medical use of
marijuana, and standards for the renewal of such identification cards.
c. Procedures for the registration of Medical Marijuana Treatment Centers
that include procedures for the issuance, renewal, suspension, and
revocation of registration, and standards to ensure security, record keeping,
testing, labeling, inspection, and safety.
d. A regulation that defines the amount of marijuana that could reasonably be
presumed to be an adequate supply for qualifying patients' medical use,
based on the best available evidence. This presumption as to quantity may
be overcome with evidence of a particular qualifying patient's appropriate
medical use.
(2) Issuance of identification cards and registrations. The Department shall begin
issuing qualifying patient and personal caregiver identification cards, as well as
begin registering Medical Marijuana Treatment Centers no later than nine months
(9) after the effective date of this section.
(3) If the Department does not issue regulations, or if the Department does not begin
issuing identification cards and registering Medical Marijuana Treatment Centers
within the time limits set in this section, any Florida citizen shall have standing to
seek judicial relief to compel compliance with the Department's constitutional
duties.
(4) The Department shall protect the confidentiality of all qualifying patients. All
records containing the identity of qualifying patients shall be confidential and kept
from public disclosure other than for valid medical or law enforcement purposes.
(e) LEGISLATION. Nothing in this section shall limit the Legislature from enacting laws
consistent with this provision.
(f) SEVERABILITY. The provisions of this section are severable and if any clause, sentence,
paragraph or section of this measure, or an application thereof, is adjudged invalid by any
court of competent jurisdiction other provisions shall continue to be in effect to the fullest
extent possible.
Page 4 of 16
Attachment 4
Effective Date:
Article XI, Section 5(e), of the Florida Constitution states that, unless otherwise specified in the
Florida Constitution or the proposed constitutional amendment, the proposed amendment will
become effective on the first Tuesday after the first Monday in January following the election.
This amendment does not specify an effective date and will be effective as stated in Article XI,
Section 5(e), of the Florida Constitution. However, the amendment delays implementation of
certain provisions by allowing the Department of Health six months after the effective date to
promulgate regulations and nine months after the effective date to begin issuing identification
cards.
B. Substantive Effect of Proposed Amendment
Input Received from Proponents and Opponents
The Conference sought input from those groups who were on record as supporting or opposing
the petition initiative. The proponents chose not to provide a response to a request for overall
input on the initiative. However, a representative responded to a specific request from staff
regarding the market structure envisioned by the sponsors.
An opponent group, Save Our Society from Drugs (S.O.S.), a non-profit drug policy organization
based in St. Petersburg, submitted written testimony specific to the petition initiative. The
testimony focused on the status of marijuana as not approved by the federal Food and Drug
Administration (FDA) and the resulting unregulated nature of the use of marijuana, emphasizing
that "crude (smoked) marijuana does not meet the standards of modern medicine." The
testimony also noted that "the approval of medicines and the protection of consumers are the
responsibility of the FDA, not state legislators, not voters and not governors petitioning for
marijuana to be rescheduled." The testimony also expressed concerns relating to: potential
impacts on public safety, with an emphasis on drugged driving; environmental impacts of
marijuana production, including water quality and water use, wildlife, and wildfires; and the
fiscal impact of regulating and policing "pot shops."
Background
Current Legal Status of Moriivano in Florida
Florida law defines Cannabis as "all parts of any plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin"' and
places it, along with other sources of tetrahydrocannabinol (THC), on the list of Schedule 1
drugs.2 Schedule I drugs are substances that have a high potential for abuse and no currently
accepted medical use in treatment in the United States. As a Schedule I drug, possession and
trafficking in cannabis carry criminal penalties that vary from a misdemeanor of the first degree'
up to a felony of the first degree with a possible minimum sentence of 15 years in prison and a
1 S. 893.02(c), F.S.
2 S. 893.03(c)7. and 37., F.S.
3 For possessing or delivering less than 20 grams. See s. 893.13(3) and (6)(b), F.S.
Page 5 of 16
Attachment 4
$200,000 fine.4 Paraphernalia5 that is sold, manufactured, used, or possessed with the intent to
be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body a controlled substance is also prohibited
and carries criminal penalties ranging from a misdemeanor of the first degree to felony of the
third degree.b
The Necessity Defense in Florida
Despite the fact that the use, possession, and sale of marijuana is prohibited by state law,
Florida courts have found that circumstances can necessitate medical use of marijuana and
circumvent the application of any criminal penalties. The necessity defense was successfully
applied in a marijuana possession case in Jenks v. State? where the First District Court of Appeal
found that "section 893.03 does not preclude the defense of medical necessity" for the use of
marijuana if the defendant:
• Did not intentionally bring about the circumstance which precipitated the unlawful
act,,
• Could not accomplish the same objective using a less offensive alternative available;
and
• The evil sought to be avoided was more heinous than the unlawful act.
In the cited case the defendants, a married couple, were suffering from uncontrollable nausea
due to AIDS treatment and had testimony from their physician that he could find no effective
alternative treatment. Under these facts, the First District found that the Jenks met the criteria
for the necessity defense and ordered an acquittal of the charges of cultivating cannabis and
possession of drug paraphernalia.
Medical Mariivana Laws in Other States
Currently, 20 states and the District of Columbia have some form of law that permits the use of
marijuana for medicinal purposes. These laws vary widely in detail but most are similar in that
they touch on several recurring themes. Most state laws include the following in some form:
A list of medical conditions for which a practitioner can recommend the use of
medical marijuana to a patient.
o Nearly every state has a list of medical conditions though the particular
conditions vary from state to state. Most states also include a way to expand
"Trafficking in more than 25 pounds, or 300 plants, of cannabis is a felony of the first degree with a minimum sentence that
varies from 3 to 15 years in prison depending on the amount of cannabis. See s. 893.135(1)(a), F.S.
6 As defined in s. 893.145, F.S.
6 S. 893.147, F.S.
582 So. 2d 676
B These states include Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois (effective 2014), Maine,
Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island,
Vermont, and Washington. California was the first to establish a medical marijuana program in 1996 and Illinois was the most
recent state to pass medical marijuana legislation in August of 2013. Illinois legislation does not become effective until 2014.
See http://www.ncsi.org/issues-research/health/state-medical-marijuana-laws.aspx. Last visited on Oct. 17, 2013.
Page 6 of 16
Attachment 4
the list either by allowing a state agency or board to add medical conditions to
the list or by including a "catch-all" phrase.9 Most states require that the
patient receive certification from at least one, but often two, physicians
designating that they have a qualifying condition before they can be issued an
ID card.
• Provisions for the patient to designate one or more caregivers who can possess the
medical marijuana and assist the patient in preparing and using the medical
marijuana.
o The number of caregivers allowed and the qualifications to become a caregiver
vary from state to state. Most states allow 1 or 2 caregivers and require that
they be at least 21 years of age and, typically, cannot be the patient's physician.
Caregivers are generally allowed to purchase or grow marijuana for the patient,
be in possession of the allowed quantity of marijuana, and aid the patient in
using the marijuana, but are strictly prohibited from using the marijuana
themselves.
• A required identification card for the patient, caregiver, or both that is typically
issued by a state agency.
• A registry of people who have been issued an ID card.
o A method for registered patients and caregivers to obtain medical marijuana.
• General restrictions on where medical marijuana may be used.
• Provisions allowing a patient to either self -cultivate marijuana, creating regulated
marijuana "dispensaries" where a patient may purchase marijuana, or both. The
regulations governing such dispensaries, in states that allow them, vary widely.
Medical Mariivana Laws and the Federal Government
Regardless of whether an individual state has allowed the use of marijuana for medicinal
purposes, or otherwise, the Federal Controlled Substances Act lists it as a Schedule I drug with
no accepted medical uses. Under federal law possession, manufacturing, and distribution of
marijuana is a crime.10 Although state medical marijuana laws protect patients from
prosecution for the legitimate use of marijuana under the guidelines established in that state,
such laws do not protect individuals from prosecution under federal law should the federal
government choose to act on those laws.
In August of 2013, the United States Justice Department issued a publication entitled "Smart on
Crime: Reforming the Criminal Justice System for the 215L Century." 11 This document details the
federal government's changing stance on low-level drug crimes announcing a "change in
Department of Justice charging policies so that certain people who have committed low-level,
nonviolent drug offenses, who have no ties to large-scale organizations, gangs, or cartels will no
longer be charged with offenses that impose draconian mandatory minimum sentences. Under
the revised policy, these people would instead receive sentences better suited to their individual
conduct rather than excessive prison terms more appropriate for violent criminals or drug
9 Such as in California's law that includes "any other chronic or persistent medical symptom that either: Substantially limits the
ability of the person to conduct one or more major life activities as defined in the Americans with Disabilities Act of 1990, or If
not alleviated, may cause serious harm to the patient's safety or physical or mental health."
to The punishments vary depending on the amount of marijuana and the intent with which the marijuana is possessed. See
http://www.fda.gov/regulatoryinformation/`legislation/`ucml48726.htm#cntlsbd. Last visited Oct. 17, 2013.
11 See http://www.iustice.gov/ag/smart-on-crime.pdf. Last visited on Oct. 17, 2013
Page 7 of 16
Attachment 4
kingpins." This announcement indicates the justice department's relative unwillingness to
prosecute low-level drug cases leaving such prosecutions largely up to state authorities.
Proposed Florida Laws
Distinct from the petition initiative, Florida legislation was proposed to enact concepts similar to
the subject of the amendment. During the 2013 legislative session, identical bills were
introduced in the Senate and House of Representatives relating to medical cannabis. The bill
established regulatory responsibilities and rulemaking authority for the Department of Health
(DOH) and the Department of Business and Professional Regulation (DBPR), and provided
rulemaking authority for the Department of Revenue (DOR) specific to taxation and reporting
responsibility for specified entities. The bill:
• Authorized a qualifying patient and the patient's qualified caregiver to possess and
administer medical cannabis to a qualifying patient, and to possess and use
paraphernalia for specified purposes;
• Provided procedures and requirements for DOH administration;
• Authorized a physician to recommend use of medical cannabis under specified
procedures and requirements;
• Required DBPR to regulate licensure of cultivation centers and dispensaries, under
related procedures and requirements;
• Established a medical cannabis section within DBPR, including procedures and
requirements to authorize a medical cannabis farm to possess, cultivate, and
manufacture medical cannabis, medical cannabis -based products, and marijuana plants
for wholesale in this state, including permitting and licensing procedures and fees,
administrative fines, license suspension, and injunctive relief.
• Required rule adoption by specified dates;
• Provided that use of medical cannabis is a defense to certain offenses, and does not
create defense to certain other offenses;
• Made conforming revisions to a variety of criminal provisions, including changes to the
Offense Severity Ranking Chart;
• Included a severability clause; and
• Provided an effective date of July 1, 2013.
The bill stipulated that fees established by DOH must offset all expenses of implementing and
administering the provisions of the bill, specified fee caps for DBPR permitting purposes, and
indicated that fees collected by DOH, DBPR, and DOR be applied first to administering the
responsibilities assigned under the provisions. Senate Bill (SB) 1250, introduced by Senator
Clemens and one co-sponsor, was referred to four committees of reference. House Bill 1139,
introduced by Representative Edwards and five co-sponsors, was referred to four committees of
reference. A related public records exemption bill, SB 1214, was also filed by Senator Clemens.
When the 2013 session ended, each bill died in its initial committee of reference, having not
been heard.
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Attachment 4
Potential Users of Medical Mariivana
The Florida Legislature's Office of Economic and Demographic Research (EDR) developed six
approaches that estimate the potential number of medical marijuana users in Florida as of April
1, 2015. Approach I draws on the experience of other states. Approaches II — V attempt to
capture eligible users with the specified medical conditions in the proposed ballot initiative,
except "other conditions." It is not possible to precisely estimate the number of users that
would qualify under "other conditions" as these conditions are currently unknown and to be
determined by the physician when he or she believes that the medical use of marijuana would
likely outweigh the potential health risks for a patient. Approach VI uses the number of illicit
recreational marijuana users as a guide.
Estimates of Potential Florida Medical Marijuana Users
Estimation Approach April 1, 2015
I. States with medical marijuana laws 452 to 417,252
II. Disease prevalence 1,295,922
III. Disease incidence 116,456
IV. Use by cancer patients 173,671
V. Deaths 46,903
VI. Self-reported marijuana use 1,052,692 to 1,619,217
Range 452 to 1,619,217
The following is a summary of each of these approaches.
Approach I. States with Medical Marijuana Laws
Approach I applies rates of medical marijuana use from other states to Florida's 2015
projected population. Using the current experience of 16 other states, there may be an
estimated 452 to 417,252 Floridians using medical marijuana in 2015. The lower range
of the estimate is more likely if the medical marijuana program is rolled out slowly, such
as in New Jersey, or faces implementation, administrative, and/ or legal challenges that
will limit the number of registrants in the first year. The higher range of the estimate
may be more likely at full implementation of a more mature program, such as in
Colorado.
Approach 11. Disease Prevalence
Approach II uses disease prevalence rates (proportion of people alive diagnosed with a
certain disease) for cancer, hepatitis C, and HIV to determine the number of eligible
patients with the conditions specified in the proposed ballot initiative. There will be an
estimated 1,295,922 patients alive in 2015 that have been diagnosed with cancer,
hepatitis C, or HIV during their lifetime. These patients represent the pool of eligible
patients for medical use of marijuana. Prevalence data for the remaining conditions
specified in the proposed ballot initiative were not available. In addition, there are
unspecified "other conditions" in the proposed ballot initiative which cannot be
estimated under this approach.
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Attachment 4
Approach III. Disease Incidence
Approach III uses disease incidence rates (proportion of people newly diagnosed with a
certain disease) for cancer, hepatitis C, HIV, and amyotrophic lateral sclerosis (ALS) to
determine the number of eligible patients with the conditions specified in the proposed
ballot initiative. Disease incidence cases are a subset of disease prevalence cases, so
Approach III has a smaller estimate than Approach II. There will be an estimated
116,456 patients newly diagnosed with cancer, hepatitis C, HIV, or ALS in 2015 in
Florida. These patients represent the pool of eligible patients for medical use of
marijuana. Incidence data for the remaining conditions specified in the proposed ballot
initiative were not available. In addition, there are unspecified "other conditions" in the
proposed ballot initiative which cannot be estimated under this approach.
Approach IV. Use by Cancer Patients
Approach IV uses medical marijuana penetration rates by disease, specifically cancer, to
estimate medical marijuana users in Florida. The number of Florida cancer patients that
are likely to use medical marijuana in 2011 is calculated by applying the average
penetration rate among cancer patients from seven other states to the Florida number
of cancer patients. Assuming Florida will have the same average proportion of cancer
patients in the total medical marijuana users as these seven states, the number of
medical marijuana users with cancer is grown to represent total medical marijuana
users with all conditions in Florida in 2011. The latter is then adjusted to produce
173,671 medical marijuana users with all conditions in 2015.
Approach V. Deaths
Approach V assumes that mostly terminally ill patients will use medical marijuana. Thus,
it uses 2012 death rates by disease for the specified diseases, excluding glaucoma and
ALS for which no data were available, in the proposed ballot initiative to estimate the
number of users. Adjusting these rates to 2015 population projections produces 46,903
potential medical marijuana patients with the specified conditions. In addition, there
are unspecified "other conditions" in the proposed ballot initiative which cannot be
estimated under this approach.
Approach VI. Self -Reported Marijuana Use (Illicit Recreational Use)
Approach VI presents self-reported illicit marijuana use from the 2011 National Survey
on Drug Use and Health. Adjusting 2011 survey results to the 2015 Florida population
projections shows that there may be an estimated 1,619,217 self-reported recreational
users of marijuana in Florida. If we exclude the population 18 to 24 from this estimate
since they would not be as likely to suffer from the debilitating conditions envisioned in
the ballot initiative as their older counterparts, it is estimated that there may be
1,052,692 self-reported recreational users of marijuana in Florida. Approach VI was
included because some of the current illicit use may be for medical purposes. This
estimation approach has been used by other states to estimate recreational marijuana
use.
The Conference requested EDR to estimate the extent to which a pill mill scenario and medical
marijuana tourism may affect the potential number of users of medical marijuana.
• Pill Mills: The potential medical marijuana population was compared to the estimates
of the population illicitly using pain relievers for nonmedical reasons to examine
Page 10 of 16
Attachment 4
whether "pill mills" can develop for medical marijuana. Applying use rates from the
2011 National Survey on Drug Use and Health, it is estimated that there will be 676,099
pain reliever users for nonmedical reasons in 2015, with higher rates among the 12 to
17 and 18 to 24 age groups compared to the 25 and over age group. The multi -step
process consisting of (1) an examination and assessment by a physician in order for a
patient to receive a physician certification and (2) the application process through the
Department of Health for an identification card may dissuade a pill mill scenario.
Further, the amendment allows the Department of Health to issue implementing
regulations, and allows the Legislature to enact laws consistent with the amendment
that may provide additional regulatory protection.
Medical Marijuana Tourism: The multi -step process described above would discourage
shorter -duration visitors from participating in Florida's medical marijuana program.
Snowbirds (visitors staying one month or longer) were used as a potential universe for
medical marijuana tourists. An estimated 17,178 to 41,271 snowbirds may apply for ID
cards.
For a variety of reasons, the estimates of pill mill and medical tourism were included to "color"
the final estimate of the potential number of medical marijuana users and are not meant to be
additive to approaches I — VI.
After careful consideration and review of all methods, the Conference determined that the likely
number of potential users of medical marijuana upon full implementation of the amendment
would be less than 450,000 persons per year.
C. Fiscal Impact of Proposed Amendment
Summary of the Department of Health's Analysis
The Department's Planning Assumptions
The analysis from the Department of Health assumes the proposed Constitutional Amendment
entitled "Use of Marijuana for Certain Medical Conditions" will be approved by the Florida
voters and will have an effective date of January 1, 2015. The analysis further assumes the
Florida Department of Health will: (1) promulgate rules by June 30, 2015, (2) issue qualified
patient and personal caregiver identification cards prior to October 1, 2015, and (3) register
Medical Marijuana Treatment Centers prior to October 1, 2015.
The department analysis provides general planning assumptions, as well as a series of
assumptions specific to marijuana, physician authority under state and federal law and
regulations, patient and caregiver identification cards, medical marijuana treatment centers,
and the department's responsibilities.
The department estimates that when the program is fully implemented, the number of annual
program participants to be: (1) 417,252 qualified patients, (2) 250,351 personal caregivers and
(3) 1,789 registered Medical Marijuana Treatment Centers. These estimates were derived based
on experience data for the states of Colorado and Oregon.
Program Components
The Florida Department of Health will establish a Florida Medical Marijuana Program which
supports: (1) physician issuance of certification, (2) patient and caregiver identification cards, (3)
Page 11 of 16
Attachment 4
medical marijuana treatment center registration and regulation, and (4) regulation of the
adequate supply of marijuana for a qualifying patient's medical use. For each of these
components, the department's analysis cited relevant definitions as provided in the petition
initiative language and indicates the department's responsibilities relative to each component.
Program Costs
According to the final analysis provided by the Department of Health, the department will incur
an estimated $1.1 million in costs each year to comply with the regulatory responsibilities
assigned to it by the constitutional amendment. Details regarding these costs are in the
following table.
Cost Analysis
Cost of
Year 1
Year 2
Description
Implementation
2015
2016
Program Staff
$287,654
$238,181
Year 1 Recurring FTE. Program Manager, $60,000 salary, fringe (35%) &
State Health
expense package ($15,541). One-time contracted positions- Rule
Office
making support $20 hr/2080 hours plus fringe (35%) and contract
overhead (4%). Educator $20.00 hr/1500 hours plus fringe (35%) and
contract overhead (4%). Cost to disseminate materials to physicians
($7,000).
Year 2 Program Manager and 2.0 additional recurring FTEs to manage
established program. Environmental Consultant ($82,587) and Senior
Clerk ($37,993). Year 2 includes 750 hours of contracted time to refresh
training materials.
Data system
$238,400
$32,000
Year 1 Business Analysis for program and data system development $85
implementation
per hours for 1040 hours. One-time contractual. Cost to design,
and
develop, test and data system based on business requirements. One -
maintenance
time contractual 1800 hours at $75.00 per hour ($135,000) and $15,000
for hardware.
Year 2 Annual cost of help desk and software maintenance 800 hours
per year at $40 per hour. Recurring $32,000 after Year 1
implementation.
Treatment
$564,129
$790,755
Year 125% of Year 2 cost for services ($197,689). One-time cost for 10
facility
state vehicles @ $35,000 each, 10 pentablets @ $1,500, and VPN
inspections,
connectivity service $48 per month for 3 months in year 1- $1,440.
reinspections,
Year 2 Cost for services for 12 months - 9,303 services @ $85.00 per
and complaint
service = $790,755. 1,789 treatment centers — 7,156 quarterly
investigations
inspections, 1,789 reinspections (25% rate) and 358 complaint
investigation (20% of centers). Funds 13.25 Environmental Specialist ]I's
to conduct inspections & investigations. (Salary $37,357, Fringe $12,451
and Travel $9,606) for a total of $787,236. Interagency Agreement with
DOACS for inspections of cultivators/processors = $2,500 per year.
Miscellaneous cost of services=$1,019.
Total
$1,090,183
$1,060,936
Requested Information from State Agencies
The following table reflects a summary of information gleaned from several agencies that were
asked to appear before the Conference. Note the information specific to the Department of
Revenue is addressed separately under tax discussions that appear subsequently in this
document.
Page 12 of 16
Attachment 4
State / Local Agency
Date Info
Result
Provided
Florida Department of Health
10/21/2013
Written preliminary and final analyses and testimony showing $1.1
11/1/2013
million in ongoing annual costs, likely to be offset by regulatory
fees (see preceding section).
Florida Department of Children
10/28/2013
The department indicated that the budget impact cannot be
and Families
determined. The budget for these services is set in the General
Substance Abuse and Mental
Appropriations Act, which is controlled by the Legislature and
Health Program
these services are not an entitlement.
Florida Agency for Health Care
10/28/2013
Discussed the possible impact regarding "personal care givers".
Administration
The activity would fall into current regulatory oversight and would
not significantly change regulatory duties. Health care clinics
would only be impacted if the clinics accept 3rd party
reimbursement.
Florida Board of Pharmacy
10/28/2013
The dispensaries would be a separate facility or entity and the
certificate is not a prescription, so there would be no additional
costs.
Florida Department of Business
10/28/2013
Whether medical marijuana is a 'common household remedy' is
and Professional Regulation
10/31/2013
currently unknown. There may be costs associated with making
(DBPR)
this determination. The form of the substance does not greatly
Division of Drugs, Devices
matter, unless it is a food or has been processed. DBPR would
and Cosmetics
have little authority over related supplies or devices.
Florida Department of
10/28/2013
Would not result in a significant regulatory impact to the agency:
Agriculture and Consumer
oversight of the plants; nursery stock dealers' license; commercial
Services
weights; agricultural inspection stations, etc. Fees would cover
any additional costs.
Florida Department of Law
10/22/2013
Deferred to the Attorney General's office, as per phone call with
Enforcement
staff.
Florida Office of the Attorney
10/24/2013
Referred the Conference to a letter that was submitted to the
General
Chief Justice and Justices of the Florida Supreme Court detailing
several concerns; among them the interaction of the amendment
and current federal law.
Florida Department of Highway
10/31/2013
Indicated that there may be some additional costs, but cannot
Safety and Motor Vehicles
quantify them at this time. The costs may be due to law
enforcement training needs and public education and outreach.
Florida Association of Counties
10/29/2013
The Florida Association of Counties is unable to make a
determination about the financial impact of the proposed
amendment on local governments as per email.
Florida League of Cities
10/30/2013
Responded via phone call to staff that they had no input at this
time and referred the Conference to the Police Chiefs Association.
Florida Police Chiefs Association
10/25/2013
Email indicating additional enforcement costs based on the
experience from other states that have similar amendments, but
they were unable to quantify these costs at this time.
Florida Sheriffs Association
10/21/2013
Presentation and email indicating additional enforcement costs
10/27/2013
based on the experience from other states that have similar
amendments, but they were unable to quantify these costs at this
time.
Page 13 of 16
Attachment 4
Florida Sales Tax Treatment of Medical Marijuana
Since medical marijuana is tangible personal property for the purposes of Chapter 212, Florida
Statutes, its purchase is subject to Florida sales and use tax unless a specific exemption exists. In
this regard, there were three possible areas of current law exemptions considered by the
Conference: prescription -based exemptions, the common household remedy exemption, and
agricultural -related exemptions.
The Conference has determined that the prescription -based exemptions do not apply to medical
marijuana purchases due to technical constraints that include the interaction of state and
federal law. The Florida Statutes define a prescription as "any order for drugs or medicinal
supplies written or transmitted by any means of communication by a duly licensed practitioner
authorized by the laws of the state to prescribe such drugs or medicinal supplies and intended
to be dispensed by a pharmacist." Current federal law prohibits a physician from writing
prescriptions for Schedule I controlled substances, which would include marijuana. In addition,
the proposed amendment establishes a certification process that allows the end-user to control
both the product type and dosage frequency without the need for an authorizing prescription,
making the certification process fundamentally different from the typical prescription purchase.
Moreover, the proposed amendment requires medical marijuana to be dispensed by a Medical
Marijuana Treatment Center that is not required to be a pharmacy. Similarly, the exemption for
medical products requires a prescription and would not be applicable to the sales of supplies
related to medical marijuana.
The exemption for common household remedies does not require the presence of a
prescription. Pursuant to Florida Statutes, the Department of Business and Professional
Regulation must approve a list of these items, and that list is then certified to and adopted by
the Department of Revenue through the rule-making process. There is also a process for
inclusion of additional items. The existing list contains a mixture of specifically named remedies
and broad classes of remedies. Based on testimony provided by both departments that they are
unclear whether the broad classes of remedies presently on the list encompass medical
marijuana, the Conference is left with uncertainty regarding the applicability of the exemption.
During the discussion, both agencies identified reasons that the exemption may not apply,
emphasizing the restrictive nature of the certification process on potential users and the
limitation on sales locations to registered Medical Marijuana Treatment Centers. Because this
aspect of the discussion applies equally to a decision regarding the specific inclusion of medical
marijuana on a future list, doubt is cast on this action as well. However, it is possible that some
supplies related to the use of medical marijuana are already on the list so each item would have
to be evaluated on a case-by-case basis even if the sale of medical marijuana itself is determined
to be taxable.
The agricultural -related exemptions apply to sales of medical marijuana when the grower or
cultivator sells or dispenses the product directly to the end-user or a personal caregiver as
defined in the proposed amendment. If the grower or cultivator instead sells the product to a
third -party retailer (a non-taxable transaction) who then sells or dispenses the product to the
end-user or the caregiver, the agricultural exemption on the final sale is lost and that transaction
Page 14 of 16
Attachment 4
becomes taxable." However, the determination of whether medical marijuana is a common
household remedy becomes significant at this point. Since it is unclear whether medical
marijuana will ultimately be deemed to be a common household remedy, the tax treatment of a
sale through a third -party to the end-user is uncertain.
The only form of medical marijuana that appears especially problematic to the direct application
of the above findings regarding taxability is its inclusion as a part of a food product. In this
regard, if medical marijuana is determined to be transformed from its original form into a
distinct food product, then the law and the Department of Revenue's rules regarding food will
govern its taxability. The sale of each type of food product would have to be evaluated on a
case-by-case basis.
Finally, the sales of items such as grow lights and hydroponic systems that might be used for the
indoor cultivation of medical marijuana are generally taxable. However, there is an exemption
from sales tax for "power farm equipment." According to the Florida Statutes, "power farm
equipment" means "moving or stationary equipment that contains within itself the means for its
own propulsion or power and moving or stationary equipment that is dependent upon an
external power source to perform its functions." Therefore, grow lights and hydroponic systems
that are sold as a component part of power farm equipment would likely be exempt.
In summary, the revenue impact to state and local government from the application of the sales
and use tax to the sale of medical marijuana and related supplies would range from zero to
positive indeterminate because critical details regarding the specific transactions are currently
unknown and key decisions regarding the potential tax exemptions have yet to be made by the
affected agencies under their current administration of the law. It is also possible that the
Legislature would enact new legislation specific to these questions.
Potential Estimates Related to Sales Tax
In an attempt to quantify the potential magnitude of the sales tax impact, the Conference
looked to other states to analyze their results. Of the states that have approved the use of
medical marijuana, at least eight states and the District of Columbia have a sales tax structure
that could encompass medical marijuana transactions. 13 Of these, at least three states and the
District of Columbia have approved medical marijuana and also have a sales tax provision
providing an exemption or partial exemption for over-the-counter health remedies. It appears
that the exemption for common household remedies will apply to the sales of medical
marijuana in at least Vermont. In New Jersey and Illinois, legislation explicitly made the sale of
medical marijuana subject to tax. In the District of Columbia, marijuana's status as a Schedule I
drug appears to disqualify it from the exemption. This leaves the experience of five states and
the District of Columbia for comparison purposes. Within this grouping, California's collections
12 According to Jon Mills who spoke via phone conversation on behalf of the initiative's sponsors, the proposed amendment
was drafted to allow various levels of industry integration: both vertical integration of the complete supply chain through one
owner and a segmented market structure with independent intermediaries at each stage. He also indicated that the Legislature
or the Department of Health through its rule-making process would have the ability to further limit or define the permissible
market structure arrangements.
13 Arizona, California, Colorado, Illinois, Maine, New Jersey, Rhode Island, Vermont and the District of Columbia have sales
taxes. Nevada reportedly has a 2% excise tax at the wholesale and retail levels.
Page 15 of 16
Attachment 4
were by far the highest with projected revenues from the 7.5% state sales tax rate ranging
between $58 million and $105 million in 2012.
Temporarily suspending the confusion regarding Florida's final tax treatment of medical
marijuana sales, the Legislative Office of Economic and Demographic Research used the
information from other states to analyze the potential range of state sales tax revenues in the
extreme case where no sales tax exemptions apply. The number of users, the consumption per
user and the cost of the product are all critical assumptions and cause the projections to change
dramatically as they are varied. Using price data from Vermont, allowable usage from
Connecticut, survey data on the illegal use of marijuana for recreational purposes, and two of
the estimates of projected Florida users discussed earlier, the estimated sales tax collections
range from a low of $8.3 million to a maximum of $338.0 million. Since the brackets at both
ends assume no exemptions apply—and the Conference believes that at a minimum the
exemption for agricultural products will apply in at least some instances—these numbers do not
encompass a probable range and cannot be used for a purpose other than testing significance.
Potential Range of State Sales Tax Revenues from Medical Marijuana End -Users
Assuming No Sales Tax Exemptions Apply
The Following Examples Demonstrate a Range that is Generated by Varying Assumptions
Quantity Consumed/ April 1, 2015 Sales ($) State Sales Tax Revenues ($)
Estimation Approach Users
$225/ oz $450/ oz $225/ oz $450/ oz
Annual use of 3.53 oz (100 g)
I. States with medical marijuana laws 417,252 331,402,401 662,804,802 19,884,144 39,768,288
IV. Use by cancer patients 173,671 137,938,192 275,876,384 8,276,292 16,552,583
Annual use of 30 oz (850 g)
I. States with medical marijuana laws 417,252 2,816,451,000 5,632,902,000 168,987,060 337,974,120
IV. Use by cancer patients 173,671 1,172,279,250 2,344,558,500 70,336,755 140,673,510
NOTE. Additional detail can be found at EDR's website:
http://edr state fl us/Content/constitutional-amendments/2014Ballot/UseofMariivanaforCertain MedicalConditions/UseofMariivanaAdditionalinformation.cfm,
Florida Property Tax Treatment of Medical Marijuana
Lands used for growing medical marijuana will likely qualify as agricultural property for property
tax purposes. This means that the property would receive a classified use agricultural
assessment. Because this treatment may increase or decrease the taxable value relative to its
prior value, the impact on property taxes is indeterminate—both in terms of magnitude and
direction.
INFORMATION PROVIDED BY:
The Office of Economic and Demographic Research (EDR) is a research arm of the Legislature principally
concerned with forecasting economic and social trends that affect policy making, revenues, and
appropriations. http://edr.state.fl.us/
Page 16 of 16
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/19/2014
Item No.
Subject: a. Approve a Memorandum of Agreement between Tanya J. Guidi and the
City to convey a strip of land approximately twenty (20) foot wide, located along the
rear property boundary of Lot 11 of Harbor Heights Subdivision, with an address of 245
Harbor Drive, upon final adoption of the required Ordinance.
b. Ordinance No. 10-2014; pursuant to Section 2.12(6) of the City Charter, authorizing
the conveyance of an approximate twenty (20) foot wide strip of real property located
along the rear boundary of Lot 11 of the Harbor Heights Subdivision by Quit -Claim Deed
without any representations and warranties made by the City; declaring that the City of
Cape Canaveral no longer has a public purpose interest in said real property and that it
is in the best interests of the City to convey the real property to the owner of the
adjacent property subject to the terms and conditions set forth in the Quit -Claim Deed;
providing for severability, the repeal of prior inconsistent ordinances, and an effective
date, first reading.
Department: Administrative Services
Summary: In 1977, the First Interstate Corporation, the developer of Ocean Woods
Subdivision, deeded a 20 foot strip of land to the City of Cape Canaveral. The land is
north of Ocean Woods Subdivision and south of Harbor Heights Subdivision. At the
November 15, 1977 City Council Meeting, a motion by Mayor Nicholas, seconded by
Council Member Murphy, that the City Attorney, in conjunction with the City Clerk,
contact the property owners whose property abuts the subject 20 foot strip and if those
property owners so desire, prepare deeds and record at the City's expense in order to
turn the land over to the Harbor Heights Residents. The motion carried 4-0 with Council
Member Thurm abstaining due to ownership of property abutting the 20 foot strip of
land. Attachment 1 includes the Minutes of the 11/15/1977 City Council Meeting; a
sample of the letter sent to the property owners and a sample document the property
owners were to return to the City indicating their preference. Any documents returned
are no longer held by the City; therefore, the intent of the individual owning Lot 11
cannot be verified.
The pending sale of Lot 11 brought this outstanding issue to light. Unfortunately, the
solution to this matter is not as simple as recording a Quit -Claim Deed, as a change in
the City Charter which requires the passage of an Ordinance before title is transferred
from the City to another party. In an effort to assure the adjoining property owner of the
City's intentions, the City Attorney's Office has prepared a Memorandum of Agreement,
Attachment 2; and the required Ordinance, Attachment 3. The Memorandum of
Agreement was signed by the adjoining property owner on August 8, 2014.
The City has a sanitary sewer line in this area and any conveyance of the strip of land
adjacent to Lot 11 will provide for continued access to the line.
Submitting Department Director: Anqela Appersorf' k IA Date: 8/7/2014
City Council Meeting Date: 8/19/2014
Item No.
Page 2 of 2
Attachments:
1 - Minutes of November 15, 1977 Council Meeting with attachments
2 - Memorandum of Agreement
3 - Ordinance No. 10-2014
Financial Impact: Cost to research the issue; prepare agenda/documents; advertise
the Ordinance, and the cost to record the Quit -Claim Deed.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City C ncil take the following actions:
Approval of the Memorandum of Agreement and Ordinance No. 10-2014 on first
reading.
Approved by City Manager: David L. Greene Date: 81
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
o,'
• REGULAR MEETING MICROFILMED 4.24-80
CITY COUNCIL
NOVEMBER 15, 1977 Attachment 1
A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL WAS HELD ON NOVEMBER 15, 1977
AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR L.C.
NICHOLAS AT 7:34 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR L.C. NICHOLAS, COUNCIL MEMBERS L.C.
BOYD, J.L., MURPHY, M.A. RIGERNAN AND A.H. THURM; ATTORNEY
JAMES S. THERIAC, CITY CLERK ANITA J. OSTROM AND SGT. AT
ARMS VIRGIL PITCH. ATTORNEY RICHARD SCOTT. WAS ALSO PRESENT.
THE MINUTES OF NOVEMBER 1 WERE APPROVED AS READ.
NEW BUSINESS
ITEM 1. RESOLUTION NO. 77-38 RE: APPOINTMENT OF-
BOARD
OF ADJUSTMENT MEXnR
MAYOR NICHOLAS NOMINATED MR. MICHAEL BRADY AS THE
REGULAR MEMBER. MAYOR NICHOLAS READ THE RESOLUTION INSERTING
MR. BRADY'S NAME AS MEMBER. MRS. THURM MOVED TO ADOPT THE
RESOLUTION. MRS. RIGERMAN SECONDED MOTION. NOTION CARRIED
UNANIMOUSLY.
ITEM 2. NOTION RE: AUTHORIZATION FOR 20 -FOOT PROPERTY
DEED(OCEAN WOODS
ATTORNEY RICHARD SCOTT BRIEFLY OUTLINED FOR COUNCIL
AND THE AUDIENCE THE PRESENT STATUS OF THE 20 -FOOT PROPERTY
STRIP ABUTTING THE SOUTH PORTION OF HARBOR HEIGHTS SUBDIVISION. -
MR. SCOTT STATED THAT THIS 20 -FOOT STRIP HAD BEEN -DEEDED TO THE
CITY BY FIRST INTERSTATE. MAYOR NICHOLAS MOVED THAT THE CITY
ATTORNEY IN CONJUNCTION WITHh THE CITY CLERK CONTACT THE PROPERTY-',
OWNERS WHOSE PROPERTY ABUTS THE SUBJECT 20 -FOOT STRIP, AND IF
THOSE PROPERTY OWNERS SO DESIRE, PREPARE THE DEEDS AND RECORD
AT THE CITY'S EXPENSE IN ORDER TO TURN THE 20-FOCYT STRIP OVER _
T0, THE HARBOR HEIGHTS RESIDENTS. MR. MURPHY SECONDED NOTION.
VOTE WAS AS FOLLOWS: MRS. THURM ABSTAINED FROM VOTING DUE TO
THE FACT THAT SHE OWNED PROPERTY ABUTTING THE SUBJECT PROPERTY:
COUNCIL MEMBERS MRS. BOYD, MAYOR NICHOLAS, MRS. RIGERMAN AND
MR. MURPHY VOTED IN FAVOR OF THE NOTION. MOTION CARRIED.
MICROFILMED 4.24.80
Attachment 1
A COPY OF THE LETTER CONTACTING THE PROPERTY OWNERS
INVOLVED IN THIS MATTER IS ATTACHED TO THESE MINUTES.
ITEM 3. AWARDING OF GENERATOR BID FOR POLICE FACILITY
MAYOR NICHOLAS EXPLAINED THAT THIS EMERGENCY GENERATOR
BID FOR THE POLICE FACILITY HAD BEEN AWARDED AT A PREVIOUS COUNCIL
MEETING AND RESCINDED DUE TO THE FACT THAT THE AMOUNT OF THE BID
WAS IN EXCESS OF THE •LEAA GRANT AVAILABLE. THE GENERAIM BID WAS AGAIN
ADVERTISED IN THE LOCAL PAPER AND THE ORLANDO PAPER AND THE FOLLOWI
BIDS WERE RECEIVED IN ANSWER TO THAT AD;
BEESON ELECTRIC, INC. GENERATOR $5,193
INSTALLATION 11831
VFIM
JOHN T. MAPEL ELECTRIC
PROPOSAL NO. 1. GENERATOR $3,900
INSTALLATION 2,290
PROPOSAL NO. 2 GENERATOR $4,,66655
INSTALLATION 2290
6PROPOSAL NO. 3 GENERATOR $4,935050
INSTALLATION 2,290
HOOG ELECTRIC CO. GENERATOR $4,233
767
MR. MURPHY MOVED THAT THE CITY AWARD THE BID TO BOOG
ELECTRIC COMPANY CONTINGUENT ON VERIFICATION, IN WRITING, OF THE
GENERATOR MEETING THE SPECIFICATIONS IN THE BID. MRS. BOYD
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 4. PERMISSION TO ADVERTISE FOR TRACTOR BIDS FOR
RECREATION T
AFTER SOME DISCUSSION REGARDING THE SPECIFICATIONSi
MRS. THURM MOVED TO POSTPONE THIS ITEM TO THE NEXT REGULAR MEETING.
MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 5. AUTHORIZATION TO MODIFY CETA POSITIONS
MAYOR NICHOLAS EXPLAINED THAT SINCE THE CITY WAS CONTRACTING
WITH THE SHERIFF'S DEPARTMENT FOR POLICE PROTECTION, THE TWO CETA
POLICE OFFICER POSITIONS, iIl 7LlM AT THIS TIME, COULD BE TRh=?== 'TO 90ii
OTHER DEPAFt'II m IN THE CITY. Mot. MURPHY MMD 7MT THE TWO POLICE OFFICER
POSITIONS UNDER M CETA PROGRAM BE TRANSFERRED TO THE S't E'P DEPAiMig?P.
MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
COUNCIL MINUTES
PAGE 2 Or 3 & ATTAOH�1-15-77
- 1 Attachment 1
DISCUSSION:
MRS. THURM REPORTED ON THE LIBRARY, MRS. RIGERMAN
REPORTED ON BREVARD LEAGUE, MILS. BOYD MENTIONED
701 MEETING AT CITY HALL TODAY, MR. MURPHY REQUESTED
MR. BORING MOVE DUMPSTER AND MAYOR NICHOLAS COMMENDED THE
EXCELLENT WORK OF THE GARBAGE COMMITTEE.
MAYOR NICHOLAS MOVED TO ADJOURN THE MEETING AT 8:45 P.M.
MRS. THURM SECONDED MOTION. MEETING ADJOURNED AT 8:45 P.M.
APPROVED THIS DAY OF DECEMBER , 1977.
1
COUNCIL MINUTES
11-15-77 '
PAGE 3 OF 3 6 A77XNqWg;.
MICROFILME® 4-
OUTGOING LOG 4 77-677
A SENT TO OWNERS OF RECORD Attachment 1
LOTS 1 THRU 14
LOTS 16 THRU 31 HARBOR HEIGHTS SUBDIVISI,
City of Cape Canaveral
105 POI K AVENUE . CAPE CANAVERAL. FLORIDA 72070
TELEPHONE 303 703-1100 `
November 21, 1977
Residential Plan Unit Development -
Ocean Woods
Dear property owner:
Final plans for the above development on the property
just South of Harbor Heights Subdivision has been approved
by the City of Cape Canaveral Board of Adjustment.
Construction of the project will probably begin within the
next few weeks. Land clearing has already begun.
The developer of this project, First Interstate
Development Corporation, as part of the project agreed
to deed to each of the property owners on the South part
of Harbor Heights a 20 foot portion of -land abutting the
Ocean Wood project. The purpose of deeding this land was
to provide the Harbor Heights owners with an additional
buffer area between their land and Ocean Wood development.
The developer has already deeded to the City the
I entire 20 foot strip of land running the length of their
project. The City at its regular meeting held on
November 15, 1977, passed a Notion that the individual
parcels will now be deeded to those persons residing in
the affected area of Harbor Heights.
The purpose of this letter is to determine whether or
not you wish to receive this additional 20 feet in the rear
of your property. The additional land which is intended
to be deeded to you will be 20 feet in width and
(contd)
ATTACHMENT TO COUNCIL MINUTES OF 11-15-77
Page 2
MICROFILMED 4.24.80
Attachment I
will,run the full length of your property from North to
South. If you are desirous of receiving this land from
the City, would you please respond on the enclosed form
on or before January 1, 1978. The property will be
deeded by the City in the name of the person appearing
on the tax roll and as addressed aboveIf you have
chosen to receive this land a Quit Claim Deed will be
forwarded to you as soon as possible, for you to record.
If you do not wish to receive this land, the City
would request that you indicate your intention on the
enclosed form and return it to the City as soon as
possible. In the event you do not desire to obtain this
property, then said property will remain the ownership
of the City of Cape Canaveral.
Should you have any questions, please call the
undersigned.
Very truly/ yours,'
O
A2zC, 4 . LtiL'v»c�
Ann Thurm
' Mayor
Enclosure
AT/gk
r
ATTACMCRT TO COUNCIL NINRTBS OF 11-1541.
J
1
MICROFILMED 4-24-80
r
Attachment 1
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Fla 32920
yes, I wish to have the 20 foot Ocean Wood's
parcel of property deeded to me,
no, I do not wish to have the City of Cape
Canaveral deed the 20 foot Ocean Wood parcel of
property to me.
Date Signed
Address ••••..•••.
am
Iu1313US]:.W-11 ►i� ! u[ �
This Memorandum of Agreement is entered into on this day of August, 2014, by and between the City of
Cape Canaveral, Florida, a Florida Municipal Corporation ("City") and Tanya J. Guidi, an individual ("Guidi").
Whereas, by Deed dated November 7, 1977, First Interstate Development Corp., a Florida corporation,
conveyed to the City a twenty foot (20') strip of land lying south of and adjacent to certain lots located within the
Harbor Heights Subdivision; and
Whereas, over the years, the City has conveyed portions of said strip of land to the adjacent Harbor
Heights' lot owners; and
Whereas, Guidi is the current owner of Lot 11 of the Harbor Heights Subdivision and has requested that
the City convey by quit -claim deed whatever interests the City may have in said portion of said strip lying south and
adjacent to Lot 11; and
Whereas, the City desires to quit -claim its interest in said portion of the strip subject to a reservation of a
public utilities easement; and
NOW THEREFORE, in consideration of the mutual promises contained herein and other valuable
consideration exchanged between the parties, the City and Guidi agree as follows:
I . Pursuant to the City of Cape Canaveral City Charter, the City, at the City's sole discretion, will proceed
with the adoption of Ordinance authorizing the conveyance of the following real property:
That portion 1 .. the following described parcel of land lying south of and adjacent t1 Lot and bounded de b
thereofy the
southerly extension of the east and west lines thereof of Harbor Heights, Second Addition according to the Plat
f 1.'1 in Plat i11k... 15 at
Page
80 of the
Public
1 Records of Brevard County,Florida as said lot is
physically occupied , 1. 1
A portion of Section 14, Township 24 South, Range 37 East,Brevard County,Florida more particularly described as
* ...,..... * 1 .. f 1 ♦ R i R 1 ,. .. 1
1 1
of land described in Official Records io1k,. 246 ,. Page 116 of the
R 1.
Records # Brevard County,Florida as said comer 1. line
are .
occupied and 1 .1 Thence
S89'52'18",
...... 1r i along the South, of . d
HARBOR HEIGHTS and the South line of HARBOR HEIGHTS SECOND
ADDITION 1 ♦ 1 HARBORHEIGHTS THIRDADDITION, f i, 1 the
plats thereof recorded in Plat Book 15 at Pages 80 and 81, respectively, of the
Public Records of Brevard County,Florida, as said South line is physically
occupied and monumented, for a distance of 2363.17 feet to the Southeast
1.:... a 1 • '�. 1. ..1 .... '1 1 1 e 1 :.1 � .:. � ..
East line of that parcel of land described in said Official Records Book 246 at
We 116, as said East line is Nhysically occuiied and monumented, Thence N
gi
a distance of 20.02 feet to the Point of Beginning; Containing 1.085 acres
more or less.
arf-YoUTIMM
(hereinafter referred to as "Property")
2. Upon adoption of the aforementioned Ordinance, the City will execute and record in the
Official Records of Brevard County, Florida a standard quit -claim deed conveying the Property to
Guidi. However, the quit -claim deed shall state that the City is reserving a public utilities
easement upon said Property.
3. Guidi hereby agrees to accept conveyance of the Property by quit -claim deed subject to
said easement.
4. Guidi further acknowledges and agrees that the Property is being conveyed by the City
"as is" without any representations or warranties being given by the City whatsoever. In addition,
the Property is being conveyed by quit -claim deed without the benefit of a title report or an
evaluation and opinion of title.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement on
the dates set forth below.
011'". �� W&MNILYAW K" 0111
By: Rocky Randels, Mayor
ATTEST For the City:
Angela Apperson, City Clerk, MMC
0�_
Attachment 3
ORDINANCE NO. 10-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, PURSUANT TO
SECTION 2.12(6) OF THE CITY CHARTER,
AUTHORIZING THE CONVEYANCE OF AN
APPROXIMATE TWENTY (20') FOOT WIDE STRIP OF
REAL PROPERTY LOCATED ALONG THE REAR
BOUNDARY OF LOT 11 OF THE HARBOR HEIGHTS
SUBDIVISION BY QUIT -CLAIM DEED WITHOUT ANY
REPRESENTATIONS AND WARRANTIES MADE BY THE
CITY; DECLARING THAT THE CITY OF CAPE
CANAVERAL NO LONGER HAS A PUBLIC PURPOSE
INTEREST IN SAID REAL PROPERTY AND THAT IT IS IN
THE BEST INTERESTS OF THE CITY TO CONVEY THE
REAL PROPERTY TO THE OWNER OF THE ADJACENT
PROPERTY SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH IN THE QUIT -CLAIM DEED;
PROVIDING FOR SEVERABILITY, THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES, 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, section 2.12(6) of the City Charter requires the City Council to authorize the
conveyance of land by Ordinance; and
WHEREAS, the City has recently learned that an approximate twenty (20') foot wide strip
of land located along the rear property boundary of Lot 11 of Harbor Heights Subdivision (with an
address of 245 Harbor Drive, Cape Canaveral, Florida) may be owned by the City of Cape
Canaveral ("Property"); and
WHEREAS, the City of Cape Canaveral has no interest in maintaining fee simple
ownership of the Property except to the extent that the City's Public Works Director determines
that Property may still be needed for utility purposes, in which case, the City still desires to convey
fee simple title of the Property subject to the City reserving a utilities easement; and
City of Cape Canaveral
Ordinance No. 10-2014
1
Attachment 3
WHEREAS, by letter of agreement, the adjacent property owner has agreed to accept
whatever interests the City may have in the Property, excluding any reserved easement rights
which may be required hereunder, by quit -claim deed; and
WHEREAS, City's interest in the Property is being conveyed without the benefit of a title
examination and without any representations and warranties being given by the City whatsoever;
and
WHEREAS, the City Council of the City of Cape Canaveral, finds that this Ordinance is
in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Conveyance of Real Property. The City Council of the City of Cape
Canaveral hereby authorizes the City Manager to convey by quit -claim deed an approximate
twenty (20') foot strip of land running adjacent to the rear property line boundary of Lot 11 of
Harbor Heights Subdivision, Plat Book 13, Page 99 (Parcel Id. 24-37-14-25-00000.0-0011.00), as
generally depicted on Exhibit "A," to the owner of said Lot 11. Exhibit "A" is attached hereto
and hereby incorporated herein by this reference.
(`Property")
To the extent that the City Manager, in consultation with the City's Public Works Director,
deems it necessary to maintain a utilities easement upon the Property, the quit -claim deed shall
maintain a reservation of utility easement rights in favor of the City.
Section 3. Instructions. The City Attorney is hereby authorized to prepare and file
the necessary legal instruments to convey the Property to the owner of Lot 11. The City will pay
the recording fees for the deed. Any other closing costs (if any) will be paid by the owner of Lot
11 unless otherwise approved by the City Manager. The City Manager and Mayor are hereby
authorized to sign said instruments on behalf of the City in accordance with the advice of the City
Attorney.
Section 4. 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.
City of Cape Canaveral
Ordinance No. 10-2014
2
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, and pursuant to City
Charter. In the event, the conveyance of the Property does not occur within ninety (90) days of
the effective date of this Ordinance, this Ordinance shall be deemed repealed at such time the City
Council is advised of such determination at a public meeting.
o o MrIMIMIMMOMM
For Against
ANGELA ASN, City Clerk, MMC Buzz Petsos
First Reading:
Legal Ad published:
Second Reading:
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ME==
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