HomeMy WebLinkAboutcocc_council_packet_20191015CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
October 15, 2019
6:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda
item that is listed on the agenda for final official action by the City Council excluding public
hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g.
approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens
will limit their comments to three (3) minutes. The City Council will not take any action under the
"Public Participation" section of the agenda. The Council may schedule items not on the agenda
as regular items and act upon them in the future.
ITEM FOR ACTION:
6:15 p.m. 6: 20 p.m.
1. City Manager appointment.
PRESENTATIONS/INTERVIEWS:
6: 20 p.m. 6: 25 p.m.
Interview Applicants for appointment to the Culture and Leisure Services Advisory Board. (Joel
Fair and Kathy Parks)
CONSENT AGENDA:
6: 25 p.m. 6: 30 p.m.
2. Approve Minutes for September 12, 2019 Special Meeting and September 17, 2019
Regular Meeting.
3. Resolution No. 2019-21; approving a Memorandum of Agreement for Highway
Maintenance along State Road AlA with the Florida Department of Transportation;
providing for the repeal of prior inconsistent resolutions, severability and an effective date.
4. Resolution No. 2019-23; appointing members to the Culture and Leisure Services Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Joel Fair and Kathy Parks)
City of Cape Canaveral, Florida
City Council Meeting
October 15, 2019
Page 2 of 3
5. Resolution No. 2019-24; in support of Florida Senator Debbie Mayfield's efforts to ensure
the safety of all passenger rail systems in Florida by encouraging the Governor and Florida
Department of Transportation to fulfill the recommendations within the Office of Public
Policy and Government Accountability's Study regarding passenger rail; providing for the
repeal of prior inconsistent resolutions, severability and an effective date.
6. Approve renewal of James Moore & Co., P.L. as Independent Auditor and authorize
execution of Engagement Letter.
7. Approve the Twelfth Addendum to Professional Services Agreement for Fertilization,
Insect, Disease, Weed Control and Pest Control Services in the amount of $49,496 with
Black's Spray Service, Inc. and authorize the Interim City Manager to execute same.
8. Approve the Fourth Addendum to Professional Services Agreement for Mowing and
Landscaping Services in the amount of $203,249 with SSS Brevard OPCO, LLC dba Down
to Earth — Melbourne and authorize Interim City Manager to execute same.
9. Request to postpone the second reading of Ordinance No. 15-2019; establishing
Public/Recreation and Conservation Zoning Districts; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date. (postponed on September 17, 2019)
OLD BUSINESS:
6:30 p.m. 6:40 p.m.
Items must be removed from the table by majority vote before discussion/consideration.
10. Resolution No. 2019-13; certifying a Right -of -Way and Maintenance Map of Oak Lane
located within the jurisdictional limits of the City of Cape Canaveral, Florida; providing
for the filing of the Map in the Office of Clerk of the Circuit Court of Brevard County
pursuant to Section 95.361, Florida Statutes; providing for the repeal of prior inconsistent
resolutions, severability and an effective date. (tabled on September 17, 2019)
11. Ordinance No. 17-2019; amending the Supplementary Zoning District regulations
regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability and an effective date, first reading.
(tabled on September 17, 2019)
PUBLIC HEARING:
6: 40 p.m. — 6: 45 p.m.
12. Ordinance No.18-2019; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise
Capital Fund Budgets for the Fiscal Year beginning October 1, 2018, and ending
City of Cape Canaveral, Florida
City Council Meeting
October 15, 2019
Page 3 of 3
September 30, 2019; providing for the repeal of prior inconsistent ordinances and
resolutions and an effective date, first reading.
ITEMS FOR DISCUSSION:
6: 45 p.m. 6: 55 p.m.
13. City Code Section 2-28 — Code of Conduct. (Submitted by Council Member Raymond)
14. City Council direction regarding the City -owned, unpaved portion of the Ridgewood
Avenue Extension Property.
REPORTS:
6: 55 p.m. 7: 00 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In
accordance with the Americans with Disabilities Act: all interested parties may attend this Public
Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing
assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220
x207 or x206] 48 hours in advance of the meeting.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 1
Subject: City Manager appointment.
Department: Legislative
Summary: At the September 17, 2019 Regular City Council Meeting, Council appointed City
Clerk, Mia Goforth Interim City Manager for 30 days. Additionally, Council reached consensus
for Department Directors to recommend an internal Staff candidate for the vacant City Manager
position.
Accordingly, Directors met on Monday, September 30, 2019 to formalize a recommendation to
City Council for both a second Interim City Manager and permanent City Manager from among
internal candidates. Minutes from said Meeting (attached) reflect City Department Directors
unanimously recommend Economic Development Director Todd Morley as the selection for
City Manager, as either the interim or permanent City Manager.
It is now incumbent upon Council to:
1. Appoint a new Interim City Manager to fill the position until such time a City
Manager is appointed, whether internally or externally; or
2. Appoint a City Manager from among internal candidates; or
3. Decline to take action, with Interim City Manager Mia Goforth retaining her
position until such time a new Interim City Manager or City Manager is appointed.
Submitting Department Director: Daniel LeFever Date: 10/7/19
Attachment:
September 30, 2019 Department Directors Meeting minutes.
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/7/29
The Interim City Manager recommends that City Council take the following action:
In line with the unanimous recommendation from the September 30, 2019 Department
Directors' Meeting, appoint Economic Development Director Todd Morley either as the Interim
City Manager or City Manager.
Approved by Interim City Manager: Mia Goforth Date: 10/7/19
CAPE CANAVERAL
Department Directors Meeting
Monday, September 30, 2019
City Hall Conference Room B —Room 221
100 Polk Avenue, Cape Canaveral, Florida 32920
MINUTES
Interim City Manager Mia Goforth opened the Meeting at 10:32 AM.
City Staff Present:
Administrative/Financial Services Director John DeLeo
Community Development Director David Dickey
Interim City Manager Mia Goforth
Interim City Clerk Daniel LeFever
Economic Development Director Todd Morley
Capital Projects Director Jeff Ratliff
Human Resources/Risk Management Director Jane Ross
Community Services Director Joshua Surprenant
Leisure Services Director Gustavo Vergara
1. Discussion and Staff Department Directors Recommendation Regarding Internal City
Manager Candidacy: Discussion ensued regarding the purpose of the Meeting, direction and
consensus from Council at the September 17, 2019 Council Meeting for City Staff to meet and
formalize a recommendation for an Interim City Manager and/or permanent City Manager,
Council having the discretion to select a permanent City Manager internally or externally,
externally requiring a search either conducted by the Human Resources department or via a
contracted firm and Interim City Manager Goforth's suggestion for her role going forward to
include possibly serving a dual role as City Clerk and Assistant City Manager in the future.
An anonymous vote was conducted to formalize a recommendation to Council for the
Interim/permanent City Manager position. All present voted unanimously, 9-0, for Economic
Development Director Morley to be the recommended Staff member. A consensus was reached
for Council Members to meet and/or speak with Directors, one-on-one, regarding direction on
this item for inclusion in the next City Council Meeting.
There being no further discussion on this item, the Meeting concluded at 10:55 AM.
Daniel LeFever, Interim City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
PRESENTATIONS/INTERVIEWS
Subject: Interview Applicants for appointment to the Culture and Leisure Services Advisory
Board. (Joel Fair and Kathy Parks)
Department: Leisure Services
Summary: Two members of the City's Culture and Leisure Services (CLS) Advisory Board
had their terms end on October 1, 2019 and are not eligible for reappointment per City Code of
Ordinances Section 2-171(f).
On September 26, 2019, the CLS Board interviewed and recommended Joel Fair and Kathy
Parks to fill the upcoming vacancies on the Board.
Mr. Fair and Ms. Parks are residents of Cape Canaveral and meet all of the eligibility criteria
established in City Code. Their professional background/experience is relevant to CLS Board
duties and based on their interviews/interest in the City of Cape Canaveral CLS Board, the Board
recommends they be appointed by the City Council (Attachment 2).
Submitting Department Director: Gustavo Vergara Date: 10/3/19
Attachments:
1— Board Applications
2 — CLS Board Recommendation Memo
Financial Impact: Staff time and effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/2/19
The City Manager recommends that City Council take the following action:
Interview Applicants Joel Fair and Kathy Parks. ,
Approved by Interim City Manager: Mia Goforth Date: 10/3/19
Attachment 1
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1 Applicant Name: Joel Fair
2. Horne Address: 354 Monroe Ave
3. Home and Cellular Telephone: Home-None Cell 360-204-4830
4. Occupation: Pastor
5. Business Telephone: 321-978-5772
6 Business Address: 577 Barned Blvd Rockledge FL 32955
E-Mail: jlf3777@gmail.com
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to serve
on a City advisory board or committee.
Are you duly registered to vote in Brevard County? Y
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? Y
3a. Are you a Business owner: N
3b. If yes to 3a, please list the name:
N/A
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (N)
4b. If yes to 4a, have your civil rights been restored?
5a. Do you presently serve on any other City of Cape
Canaveral' advisory board or committee? (N)
5b. If yes to 5a, please list each: N/A
Page 1 of 3
JLF
initials
6 City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee, Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral? Y
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? N
7b, If yes to 7a, please provide name(s) of person(s) and relationship to you: N/A
C. INTERESTSIEXPERIENCE
Briefly state your interest in serving on a City advisory board or committee:
Want to serve our City and bring a different perspective
2 In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve;
a. Board of Adjustment*
b. 2 Business and Economic Development Board
c. Code Enforcement Board*
d. 3 Community Appearance Board
e. Construction Board of Adjustment and Appeals*
f. 1 Culture and Leisure Services Board
g. Library Board
h. 4 Planning and Zoning Board*
Other:
*Members of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
None
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
Baseball coach, youth camp coordinator/counselor
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State
disclosing race, gender, and physical disabilities of board and committee members. Please check the
appropriate boxes:
Page 2 of 3
RACE GEN R
African -American
Asian -American
Hispanic -American
Native -American
X Caucasian
Not Known
X Male
Female
Not Known
DISABILITY
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY
ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion,
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 221.
Signature:
Please return to:
City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
Date:
7/22/19
For Office Use Only:
Date application received:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Attachment 1
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1 Applicant Name: Kathryn A Parks
2. Horne Address: 8924 Puerto Del Rio Dr. Unit 501
Cape Canaveral 32920
3. Home and Cellular Telephone: 321-613-3183 859-227-2699
4. Occupation: Retired Court Reporter
5. Business Telephone: N/A
6 Business Address: N/A
E-Mail: Kat3483@gmail.com
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to serve
on a City advisory board or committee.
Are you duly registered to vote in Brevard County? Y
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? Y
3a. Are you a Business owner: N
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. N
4b. If yes to 4a, have your civil rights been restored?
5a. Do you presently serve on any other City of Cape
Canaveral' advisory board or committee? N
5b. If yes to 5a, please list each:
Page 1 of 3
KAP
initials
6 City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee, Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral? Y
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? N
7b, If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTSIEXPERIENCE
Briefly state your interest in serving on a City advisory board or committee:
I have lived in the area since 1959 and would like to become more involved in the community
2 In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve;
a. Board of Adjustment*
b. Business and Economic Development Board
c. Code Enforcement Board*
d. Community Appearance Board
e. Construction Board of Adjustment and Appeals*
f. 1 Culture and Leisure Services Board
g. Library Board
h. Planning and Zoning Board*
Other:
*Members of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
No government agencies, but have served on several state & national boards related to my profession
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
Organizational skills & supervision
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State
disclosing race, gender, and physical disabilities of board and committee members. Please check the
appropriate boxes:
Page 2 of 3
RACE
African -American
Asian -American
Hispanic -American
Native -American
X Caucasian
Not Known
GENDER
Male
X Female
Not Known
DISABILITY
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY
ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 207.
Signature
Please return to:
City of Cape Canaveral
Office of the City Clerk
100 Polk Avenue
Cape Canaveral Florida 32920
Date: 29 August 2018
For Office Use Only:
Date application received: 4//('2)17'
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Attachment 2
7300 North Atlantic Ave, Cape Canaveral, FL 32920
P.O. Box 326
321-868-1220
Memo
CITY OF CAPE CANAVERAL
Leisure Services
TO: Cape Canaveral City Council
VIA: Mia Goforth, Interim City Manager
FROM: Gustavo Vergara, Leisure Services Director
DATE: 9/27/2019
RE: Recommendation to the City Council — Culture and Leisure Services Board
Mr. Joel Fair and Ms. Kathy Parks
At the September 26, 2019 Culture and Leisure Services Board meeting, the Board interviewed two
applicants to fill two vacancies starting October 1, 2019. Based on their interviews and experience,
the Board recommended upcoming vacancies be filled by Mr. Joel Fair and Ms. Kathy Parks.
Please let me know if you have any questions. Thank you.
Item No. 2
DRAFT
CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral,Florida
THURSDAY
September 12,2019
5:30 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:30 PM. Council Member Randels
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Mike Brown
Mayor Bob Hoog
Council Member Wes Morrison
Council Member Rocky Randels
Council Member Angela Raymond
Others Present:
City Manager David L. Greene
City Clerk Mia Goforth
Community Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Lieutenant Quincy Hines
PUBLIC PARTICIPATION: None.
PUBLIC HEARINGS:
1. Resolution No.2019-12-,adopting a tentative millage rate for the levy of Ad Valorem Taxes
for Fiscal Year 2019/2020 on all taxable property located within the City of Cape Canaveral,
Brevard County,Florida;providing for an effective date: Community Services Director Surprenant
read the title into the record. Mayor Hoog explained the item and stated the tentative millage rate
of 3.7256 mills. The Public Hearing was opened. There being no comment, the Public Hearing
was closed.A motion was made by Council Member Morrison,seconded by Council Member
Raymond,to adopt Resolution No. 2019-12. The motion carried 5-0.
2. Ordinance No. 16-2019-, adopting the Annual General Fund, Wastewater Enterprise Fund,
Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project
Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2019, and ending
DRAFT
City of Cape Canaveral, Florida
City Council Special Meeting
September 12, 2019
Page 2 of 2
September 30, 2020-, providing for an effective date, first reading: Community Services Director
Surprenant read the title into the record. Discussion ensued and included clarification of projected
decreases and increases in the budget and debt payments. The Public Hearing was opened. There
being no comment, the Public Hearing was closed. A motion was made by Council Member
Randels,seconded by Council Member Raymond,to approve Ordinance No. 16-2019 at first
reading. The motion carried 4-1,with Council Member Morrison voting against.
ADJOURNMENT:
There being no further business,the Meeting adjourned at 5:39 PM.
Bob Hoog,Mayor
Mia Goforth, CMC, City Clerk
DRAFT
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral,Florida
TUESDAY
September 17,2019
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:03 PM. Mayor Pro Tem Brown
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Mike Brown
Mayor Bob Hoog
Council Member Wes Morrison
Council Member Rocky Randels
Council Member Angela Raymond
Others Present:
City Attorney Anthony Garganese
City Clerk Mia Goforth
Community Development Director David Dickey
Community Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Human Resources/Risk Management Director Jane Ross
Deputy Financial Services Director Melinda Huser
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Commander Linda Moros
Brevard County Sheriff's Office Lieutenant Ross Torquato
Canaveral Fire Rescue Chief Dave Sargeant
Canaveral Fire Rescue John Cunningham
ADD-ON ITEM: Consider approving Mutual Separation Agreement with David L. Greene:
Discussion ensued regarding placement of the Add-On Item after the Consent Agenda. A motion
was made by Council Member Randels, seconded by Council Member Morrison,to add the
Item to the Agenda. The motion carried 5-0.
PUBLIC PARTICIPATION: Ray Osborne, 209 Holman Road, discussed improvements in the
City, vulnerability and sustainability, solar energy, historic preservation and City storm
preparations.
Attorney Kim Rezanka, 96 Willard Street, Cocoa FL, indicated she and client, Oshri Gal were
ready to answer questions related to Item No. 7 if needed.
DRAFT
City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2019
Page 2 of 5
Katheryn Seidel, 135 Oak Lane, expressed appreciation over solutions the City offers regarding
Oak Lane.
Ray Osborne, 209 Holman Road, inquired how the vulnerability study and solar ready buildings
would factor into the Board of Adjustment process.
Alicia Spring, 126 Oak Lane, discussed Agenda Item No. 2, Resolution No. 2019-13 regarding
Oak Lane and length of time taken by the City to address the matter.
Bernard Lennon, 126 Oak Lane,distributed a letter regarding Agenda Item Nos.2 and 10 regarding
Oak Lane and requested Council read it before making decisions on those matters.
PRESENTATIONS/INTERVIEWS: Presentation of Proclamation joining the Economic
Development Commission of Florida's Space Coast in celebrating our Military through the"Space
Coast Salutes Our Military" bumper sticker campaign: Mayor Hoog presented the Proclamation
to Economic Development Commission Staff Member Trudy McCarthy and Space Coast Defense
Alliance Task Force representative and City of Titusville Council Member Robert Jordan. Council
Member Jordan addressed and thanked the City Council on behalf of the Military and their families
for the support.
Interview Applicant for appointment to the Board of Adjustment. (John Bond): City Attorney
Garganese confirmed the information in Mr. Bond's application was true and correct. Mr. Bond
shared his work background and history serving the City as a member of the Board of Adjustment
and City Council. Council addressed and thanked Mr. Bond.
CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion.
Council Member Morrison removed Item Nos. 2 and 3.
1. Approve Minutes for August 20,2019 Budget Workshop and Regular Meeting and August
29, 2019 Special Meeting.
2. Resolution No. 2019-13-, certifying a Right-of-Way and Maintenance Map of Oak Lane
located within the jurisdictional limits of the City of Cape Canaveral, Florida; providing for the
filing of the Map in the Office of Clerk of the Circuit Court of Brevard County pursuant to Section
95.361, Florida Statutes;providing for the repeal of prior inconsistent resolutions, severability and
an effective date.
3. Resolution No. 2019-14; authorizing an addendum to the Agreement for Municipal Law
Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of
Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an
effective date.
4. Resolution No. 2019-15; authorizing an addendum to the Contract for fire protection and
emergency medical services between the City of Cape Canaveral,Florida and the Cape Canaveral
DRAFT
City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2019
Page 3 of 5
Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions,
severability and an effective date.
5. Resolution No. 2019-18; reappointing members to the Library Board of the City of Cape
Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective
date. (Larry Holmes and Therese Zyhowski)
6. Resolution No. 2019-20; appointing a Member to the Board of Adjustment of the City of
Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an
effective date. (John Bond)
7. Consider approving the Wave Village Development Agreement proposing a mixed-use,
multi-phase Port of Ca11 Facility project on approximately five (5) acres of real property located
at 8801 Astronaut Boulevard and within the AlA Economic Opportunity Overlay District.
A motion was made by Council Member Morrison,seconded by Council Member Raymond,
to approve Item Nos. 1,4, 5, 6 and 7 on the Consent Agenda. The motion carried 5-0.
#2 Discussion ensued over the letter submitted by Mr. Lennon regarding Oak Lane Agenda
Items and a need for Council to review it. A motion was made by Council Member Morrison,
seconded by Council Member Randels, to table Item No. 2 without discussion. The motion
carried 4-1,with Mayor Hoog voting against.
#3 Discussion ensued regarding staffing levels and the Municipal Law Enforcement Services
addendum to the Agreement for fiscal year 2019-2020. A motion was made by Council Member
Morrison, seconded by Council Member Raymond,to approve Resolution No. 2019-14. The
motion carried 5-0.
A recess period was requested to review the Add-On Agenda Item. City Attorney Garganese
recommended tabling Agenda Item No. 10, Ordinance No. 17-2019, as Resolution No. 2019-13
had been tabled. A motion was made by Mayor Pro Tem Brown, seconded by Council
Member Morrison, to table Item No. 10, Ordinance No. 17-2019, first reading. The motion
carried 5-0. Mayor Hoog called for a ten-minute recess to review the Add-On Item at 6:36 PM,
the Meeting was reconvened at 6:44 PM.
ADD-ON ITEM: Consider approving Mutual Separation Agreement with David L. Greene:
Discussion included the terms of the City Manager's Contract and the Mutual Separation
Agreement between the City and Mr. Greene, receiving the Item on short notice, the meeting
between Mayor Hoog and Mr. Greene on September 16, 2016, preparation of the Mutual
Separation Agreement and Agenda Item by City Attorney Garganese and concerns over the issue.
City Attorney Garganese addressed the concerns and detailed the terms of the Agreement and
preparation of the Item. Patrick Campbell, 307 Surf Drive, expressed his opinion on the Item and
desire to know more. Ray Osborne, 209 Holman Road, expressed the desire to know more about
the Item. Mayor Hoog indicated the Mutual Separation Agreement is necessary and expressed he
DRAFT
City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2019
Page 4 of 5
was not at liberty to provide specific details. A motion was made by Council Member Morrison to
table the Item. The motion died for lack of a second. Discussion ensued on possible outcomes and
consequences of not approving the Item. A motion was made by Council Member Randels,
seconded by Council Member Raymond, to approve the Mutual Separation Agreement
signed by David L. Greene. The motion carried 4-1,with Council Member Morrison voting
against. City Attorney Garganese suggested moving the appointment of an Interim City Manager
to the last item on the Agenda. Mayor Hoog agreed.
PUBLIC HEARING:
8. Ordinance No. 15-2019-, establishing Public/Recreation and Conservation Zoning
Districts; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation
into the Code, severability and an effective date, second reading: City Attorney Garganese read
the title into the record and explained the Item. Discussion ensued and included concern over
principal uses in City Code Sec. 110-381, providing information and definitions for the listed
public facilities such as amphitheaters, community centers and restaurants and how such projects
would require Council approval over any City-owned public property for such facility. City
Attorney Garganese advised Council could make a motion to postpone the Item for second reading.
A motion was made by Council Member Randels, seconded by Council Member Raymond,
to postpone the second reading of Ordinance No. 15-2019 until the next City Council
Meeting.City Attorney Garganese responded to a question from Ray Osborne,209 Holman Road,
and confirmed that historic or archeological sites is still a principal use under Sec. 110.389. The
motion carried 5-0.
ITEM FOR ACTION:
9. a. Resolution No. 2019-19; adopting a Final Millage Rate for the levy of Ad Valorem
Taxes for Fiscal Year 2019/20 on all taxable property located within the City of Cape Canaveral,
Brevard County, Florida; providing for an effective date: City Attorney Garganese read the title
into the record and summarized the Item. Discussion ensued regarding compliments to Staff and
lowering of taxes. The Public Hearing was opened. There being no comments,the Public Hearing
was closed. A motion was made by Council Member Randels, seconded by Mayor Pro Tem
Brown,to adopt Resolution No. 2019-19. The motion carried 5-0.
b. Ordinance No. 16-2019; adopting the Annual General Fund,Wastewater Enterprise
Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital
Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2019, and
ending September 30, 2020-, providing for an effective date, second reading: City Attorney
Garganese read the title into the record and summarized the Item. Discussion ensued and included
Indian River Lagoon and other Stormwater Improvement projects, the need for more emphasis on
infrastructure such as street lights and sidewalk improvements and other opinions regarding the
Budget. A motion was made by Council Member Randels, seconded by Council Member
Raymond,to adopt Ordinance No. 16-2019 at second reading.The Public Hearing was opened.
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City of Cape Canaveral, Florida
City Council Regular Meeting
September 17, 2019
Page 5 of 5
There being no comment, the Public Hearing was closed. The motion carried 4-1,with Council
Member Morrison voting against.
10. Ordinance No. 17-2019; amending the Supplementary Zoning District regulations
regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading: (Was tabled earlier
in the meeting)
Mayor Hoog stated it was time to appoint a City Manager. Discussion ensued and included
confidence in the Staff to manage the City until a City Manager is selected, waiting until next
month to make a selection and a question as to whether the person selected as City Manager tonight
would be eligible to be appointed City Manager later. City Attorney Garganese advised the
position of Interim City Manager be filled,is necessary due to the fact the City of Cape Canaveral
is a Council-Manager form of government per the City Charter, the position requires certain
authority to make administrative and executive decisions and it would not disqualify the person
appointed tonight from being chosen as the City Manager. Discussion continued and included the
qualified and professional nature of the City Directors and recommendations in favor of City Clerk
Goforth and Economic Development Director Morley. Council reached consensus for Staff to
discuss, decide and make a recommendation to City Council for the City Manager position within
the next thirty days. A motion was made by Council Member Morrison, seconded by Mayor
Hoog,to nominate Mia Goforth as Interim City Manager.Ms. Goforth expressed appreciation
in being nominated and agreed to accept the offer for one month. The motion carried 5-0.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:04 PM.
Bob Hoog, Mayor
Mia Goforth, CMC, City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 3
Subject: Resolution No. 2019-21; approving a Memorandum of Agreement for Highway
Maintenance along State Road A1A with the Florida Depaitiuent of Transportation; providing
for the repeal of prior inconsistent resolutions, severability and an effective date.
Department: Public Works Services
Summary: Before 2014, the City performed routine maintenance of all shoulders, landscaped
and/or turf areas within the Florida Department of Transportation (FDOT) rights -of -way along
certain portions of State Road AlA (a.k.a. SR A1A, Astronaut Boulevard, Highway AlA and
North Atlantic Avenue south of International Drive) within the City limits using City resources.
At the March 18, 2014 Regular Meeting, the City entered into a Memorandum of Agreement
(MOA) with FDOT (Resolution 2014-06) to compensate the City for SR A1A routine
maintenance in the amount of $2,472.00 per year ($618.00 per quarter). That MOA provided for
a three-year term with one (1) option to extend the term for an additional three (3) years. With
the current agreement set to expire May 31, 2020, the City has been solicited by FDOT to enter
into a new MOA.
The new MOA provides for a three-year term with one (1) option to extend the term for an
additional three (3) years. Under the new MOA, FDOT agrees to compensate the City for SR
A1A routine maintenance (see below) in the amount of $6,236.00 per year ($1,559.00 per
quarter) for the duration of the term.
• Routine maintenance/maintenance activities, as defined in Exhibit C of the MOA are
large machine mowing, small machine mowing, manual weed control, roadside litter
removal and edging and sweeping.
This revenue will help offset the cost of the City's contracted landscaping firm and inmate crew,
both of which currently perform the bulk of the SR A1A routine maintenance.
Resolution No. 2019-21 (Attached) authorizes the execution of the MOA, and the Resolution
becomes an exhibit to the MOA.
0
Submitting Department Director: Joshua A. Surprenant Date: 10/7/19
Attachment:
Resolution No. 2019-21 with Exhibit "A" — Memorandum of Agreement — Contract No. ASE65
Financial Impact: $6,236.00 per year paid to the General Fund, beginning June 1, 2020 to help
offset the cost of the City's contracted landscaping firm and inmate crew, both of which
currently perform the bulk of the SR AlA routine maintenance.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/7/19
The Interim City Manager recommends that City Council take the following action:
Adopt Resolution No. 2019-21.
Approved by Interim City Manager: Mia Goforth Date: 10/7/19
RESOLUTION NO. 2019-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA; APPROVING A MEMORANDUM OF
AGREEMENT FOR HIGHWAY MAINTENANCE ALONG STATE ROAD
A1A WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority under Section 2(b), Article VII, of the State
Constitution to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City and the Florida Department of Transportation ("FDOT") desire to
enter into a Memorandum of Agreement for Highway Maintenance ("MOA") to provide for the
City to perform routine maintenance of all shoulders, landscaped and/or turfed areas within the
FDOT rights -of -way along certain portions of State Road A1A located within the municipal
boundaries of the City of Cape Canaveral; and
WHEREAS, the MOA provides for a three-year term with one option to extend the term
for an additional three (3) years contingent upon satisfactory performance evaluations by FDOT
and subject to availability of funds; and
WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is
in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT 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. Approval of MOA for Highway Maintenance. The City Council of the City of
Cape Canaveral hereby authorizes the City Manager to execute that Highway MOA with FDOT,
attached hereto as Exhibit "A" and fully incorporated herein by this reference, and any mutually
agreed upon renewals or extensions thereto.
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.
City of Cape Canaveral
Resolution No. 2019-21
Page 1 of 2
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 15th day of October, 2019.
ATTEST:
Daniel LeFever,
Interim City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
City of Cape Canaveral
Resolution No. 2019-21
Page 2 of 2
Resolution No. 2019-21 Exhibit "A"
FLORIDA DEPARTMENT OF TRANSPORTATION REv. 12/13/2018
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
CONTRACT NO.: ASE65
FINANCIAL PROJECT NO.:426503-1-78-03
This AGREEMENT, entered this day of , 201 , by and between the
Florida Department of Transportation, a component agency of the State of Florida, hereinafter called the
DEPARTMENT and City of Cape Canaveral, a municipal corporation duly enacted under the laws of the State
of Florida, hereinafter called the LOCAL GOVERNMENT.
RECITALS
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety and functionality, has constructed roadway, roadside areas, and
medians on that part of the State Highway system within the limits of the LOCAL GOVERNMENT or adjacent
to;
WHEREAS, the LOCAL GOVERNMENT acknowledges that there is mutual benefit in effectively
maintaining these areas and the LOCAL GOVERNMENT is of the opinion that said roadway, roadside areas
and median strips shall be attractively maintained;
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating
and setting forth the responsibilities of each party;
WHEREAS, the LOCAL GOVERNMENT, by Resolution No. 2019-21 dated the 15th
day of October, 2019 attached hereto as EXHIBIT"A", which by reference hereto shall become a part
hereof, desires to enter into this Agreement and authorizes its officers to do so.
NOW THEREFORE, for and in consideration of mutual benefits to flow each to each other, the parties
covenant and agree as follows:
PROVISIONS
1) The LOCAL GOVERNMENT shall be responsible for routine maintenance activities of all roadway
features within the DEPARTMENT's right of way having limits described in EXHIBIT "B", or
subsequent amended limits mutually agreed upon in writing by both parties. For the purpose of this
Agreement, the maintenance activities to be performed by the LOCAL GOVERNMENT are defined in
EXHIBIT "C", or as defined by amended definitions agreed upon in writing by both parties.
2) The LOCAL GOVERNMENT shall perform the maintenance activities as described in EXHIBIT "C"
in accordance with DEPARTMENT publications:
a) Maintenance Rating Program (MRP) Handbook, latest edition, which by reference hereto shall
become a part hereof. The activities shall be performed in a manner that results in a minimum
MRP score of 80.
CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 1
Resolution No. 2019-21 Exhibit "A"
b) FDOT Standard Plans, current edition, which by reference hereto shall become a part hereof.
3) The LOCAL GOVERNMENT shall be responsible for monitoring maintenance operations and the
maintenance of traffic ("MOT") throughout the term of the Agreement in accordance with the latest
edition of FDOT Standard Specifications, Section 102. The LOCAL GOVERNMENT is responsible
for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan
shall be in accordance with the latest version of FDOT Standard Plans, Index 102-600 series.
4) The DEPARTMENT may, at its discretion, perform periodic inspections of any or all locations. If it is
determined that any of the roadway features defined in EXHIBIT "C" are not being maintained as
required by this Agreement, the DEPARTMENT will issue a notice of such deficiency to the LOCAL
GOVERNMENT's point of contact by email or certified mail. The LOCAL GOVERNMENT shall
have thirty (30) days to correct the deficiency (ies) and to notify the DEPARTMENT by email or certified
mail, that the deficiency (ies) has been corrected. If said deficiency or deficiencies are not corrected within
this time period the DEPARTMENT may at its option, proceed as follows:
a) Maintain the roadway features declared deficient with the DEPARTMENT or DEPARTMENT
Contractor's material, equipment and personnel. The actual cost for such work will be deducted
from payment to the LOCAL GOVERNMENT; or
b) Terminate this Agreement in accordance with the provisions of this Agreement.
5) In the event of a Governor Declared Emergency, a natural disaster or significant occurrence (hurricane,
tornado, vehicle accident, hazardous waste spills, etc.) the LOCAL GOVERNMENT and the
DEPARTMENT will cooperate and coordinate the use of their respective resources to provide for clean
up, removal, and disposal of debris or other substances from the DEPARTMENT's right of way described
in EXHIBIT "B" or any amended limits mutually agreed upon in writing by both parties hereto. The
DEPARTMENT will not deduct any payment to the LOCAL GOVERNMENT, costs for impairment
of performance of any activity or part thereof defined in EXHIBIT "C", as a result of such event and the
redirection of LOCAL GOVERNMENT forces towards fulfillment of the responsibility under this article.
This paragraph shall not be interpreted to reduce the LOCAL GOVERNMENT's right to compensation
or reimbursement from any other sources (i.e.: FEMA) for the debris removal or other activities of the
LOCAL GOVERNMENT subsequent to a natural disaster or accident.
6) During the term of this Agreement, the DEPARTMENT may from time to time engage in transportation
projects on the roads covered by this Agreement. Some of these projects may involve the
DEPARTMENT's construction contractor temporarily assuming maintenance responsibility for the
limits of the project. In that event, the DEPARTMENT will notify the LOCAL GOVERNMENT of
the limits of the project and the time frame for that project. During that time and for those limits, the
LOCAL GOVERNMENT may be released from its obligation to perform maintenance on those roads
and the compensation to be paid under this Agreement may be reduced for the duration of the construction
project. The reduction in compensation shall be based on the formula used to initially compute the amount
of compensation under this Agreement. The LOCAL GOVERNMENT will be notified of the amount
of the reduction as part of the aforementioned notice.
CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 2
Resolution No. 2019-21 Exhibit "A"
TERM
1) After this Agreement has been executed by the parties, the DEPARTMENT will issue a Notice to Proceed
to the LOCAL GOVERNMENT which may be sent by electronic mail at the DEPARTMENT's
discretion. The term of this Agreement commences on the effective date of the Notice to Proceed and
will continue for a period of three (3) years from the effective date on the Notice to Proceed. This
Agreement may be renewed for a period that may not exceed one three (3) year term.
2) A renewal may be made at the discretion of the DEPARTMENT and will be subject to the same terms
and conditions set forth in this Agreement. A renewal shall be contingent upon satisfactory performance
evaluations by the DEPARTMENT and subject to the availability of funds. Renewals must be mutually
agreed upon by both parties and in writing and must be executed prior to the expiration date of its
preceding term.
3) In the event this Agreement extends beyond the DEPARTMENT's current Fiscal year that begins July 1
of each year and ends June 30 of each succeeding year, the LOCAL GOVERNMENT and the
DEPARTMENT mutually agree that the State of Florida's performance and obligation to pay under this
contract is contingent upon and annual appropriation by the Legislature. In addition, Section
339.135(6)(a), Florida Statutes, is incorporated by reference, and is set forth herein below as follows:
F.S. "339.135(6)(a) "- The Department, during any Fiscal Year, shall not expend money, incur any
liability, or enter into any Contract which, by its terms, involves any expenditure of money in excess of
the amounts budgeted as available for expenditure during such Fiscal Year. Any Contract, verbal or
written, made in violation of this subsection is null and void, and no money may be paid under such
contract. The Department shall require a statement from the Comptroller of the Department that funds
are available prior to entering into any such Contract or any other binding commitment offunds. Nothing
herein shall prevent the making of Contracts for periods exceeding one (1) year, but any Contract so made
shall be executory only for the value of services to be rendered or agreed to be paid for in succeeding
fiscal years; and this paragraph shall be incorporated verbatim in all Contracts of the Department which
are for an amount in excess of $25, 000 and having a term for a period of more than one year.
COMPENSATION
1) The DEPARTMENT agrees to pay the LOCAL GOVERNMENT, following a Notice to Proceed,
compensation for the cost of maintenance as described in the Provisions Section of this Agreement. The
payment will be for the amount of $1559.00 per quarter, equating to $6236.00 per year for the duration
of the term.
2) Payment shall be made only after receipt of goods and services as provided in Section 215.422, Florida
Statutes. Detailed quarterly invoices and any associated documents, including Maintenance Management
System (MMS) breakdown of all activities, shall be submitted to the DEPARTMENT's Project
Administrator: Lori Benton. Delivery shall be effective upon receipt of a proper quarterly invoice and
any required associated documents.
a) Upon receipt, the DEPARTMENT has seven (7) working days to inspect and approve the goods
and services, unless otherwise specified herein. The DEPARTMENT has twenty (20) days to
CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 3
Resolution No. 2019-21 Exhibit "A"
deliver a request for payment (voucher) to the Depailiuent of Finance. The twenty (20) days are
measured from the latter of the date the invoice is received, at the location stated herein, or the
goods and services are received, inspected and approved.
b) Any penalty for delay in payment shall be in accordance with Section 215.422, Florida Statutes.
Section 215.422(5), Florida Statutes, provides that all purchasing Agreements between a State
agency and a vendor, applicable to this section, shall include a statement of the vendor's rights and
the State's responsibilities under this section. The vendor's rights shall include being provided
with the name and telephone number of the Vendor Ombudsman within the Department of
Financial Services.
c) If payment is not available within forty (40) days, a separate interest penalty as established
pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice
amount, to the LOCAL GOVERNMENT. Interest penalties of less than one ($1.00) dollar shall
not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices, which have
been returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT
preparation errors, will result in a delay in the payment. The invoice payment requirements do not
start until a properly completed invoice is received by the DEPARTMENT.
d) A Vendor Ombudsman has been established within the Department of Financial Services. The
duties of this individual include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor Ombudsman
may be contacted at (850) 413-5516 or by calling the Depaili-nent of Financial Services Consumer
Hotline, 1-800-342-2762.
3) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof.
4) Records of costs incurred under the terms of this Agreement shall be maintained and made available upon
request of the DEPARTMENT at all times during the period of this Agreement and for three (3) years
after final payment is made. Copies of these documents and records shall be furnished to the
DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT's
general accounting records and project records, together with supporting documents and records of the
LOCAL GOVERNMENT, all subcontractors performing work, and all other records of the LOCAL
GOVERNMENT and subcontractors considered necessary by the DEPARTMENT for a proper audit
of costs.
CONDITIONS FOR TERMINATION
1) This Agreement or any part thereof is subject to termination at the discretion of the DEPARTMENT
under any of the following conditions:
a) In the event the Legislature fails to make an annual appropriation to pay for the LOCAL
GOVERNMENT's services to be performed hereunder.
b) The LOCAL GOVERNMENT has not complied with the provisions of this Agreement as
described herein, or has demonstrated a pattern of repeated non-compliance.
c) The DEPARTMENT determines that the Agreement is no longer feasible.
2) Either party may terminate this Agreement in writing with thirty (30) days' notice.
CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 4
Resolution No. 2019-21 Exhibit "A"
NOTICES AND POINTS OF CONTACT
All correspondence regarding this Agreement shall be directed to the following points of contact:
a) For the DEPARTMENT:
Title: Contractor Coordinator
Name: Lori Benton
Address: 555 Camp Road, Cocoa, FL 32927
Telephone: (321) 634-6097
Email: Lori.Benton@dot.state.fl.us
b) For the LOCAL GOVERNMENT:
Title: Infrastructure Maintenance Manager
Name: Tim Carlisle
Address: P.O. Box 326, Cape Canaveral, FL 32920
Telephone: (321) 474-5728
Email: t.carlisle@cityofcapecanaveral.org
ADDITIONAL PROVISIONS AND LEGAL REQUIREMENTS
1) LEGAL REQUIREMENTS. This Agreement is executed and entered into in the State of Florida and
will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal
laws, rules, and regulations.
a) If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of
the Agreement will remain in full force and effect and such term or provision will be deemed
stricken.
b) The LOCAL GOVERNMENT shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL
GOVERNMENT to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the DEPARTMENT.
c) The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL
GOVERNMENT, its employees, contractors, subcontractors, consultants, and sub consultants are
not agents of the DEPARTMENT as a result of this Agreement.
d) The LOCAL GOVERNMENT shall not cause any liens or encumbrances to attach to any portion
of the DEPARTMENT's right-of-way.
e) Nothing herein shall be construed as a waiver of either party's sovereign immunity.
2) PUBLIC ENTITY CRIME. The LOCAL GOVERNMENT affirms that it is aware of the provisions of
Section 287.133(2)(a), Florida Statutes. 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
CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 5
Resolution No. 2019-21 Exhibit "A"
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 thirty six (36) months from the date of being placed on the convicted vendor list. The LOCAL
GOVERNMENT agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further
acknowledges and agrees that any conviction during the term of this Agreement may result in the
termination of this Agreement.
3) UNAUTHORIZED ALIENS. The DEPARTMENT will consider the employment of unauthorized
aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and
Nationalization Act, cause for termination of this Agreement.
4) NON-DISCRIMINATION. The LOCAL GOVERNMENT will not discriminate against any employee
employed in the performance of this Agreement, or against any applicant for employment because of age,
ethnicity, race, religious belief, disability, national origin, or sex. The LOCAL GOVERNMENT shall
provide a harassment -free workplace, with any allegation of harassment given priority attention and action
by management. The LOCAL GOVERNMENT shall insert similar provisions in all contracts and
subcontracts for services by this Agreement.
5) DISCRIMINATORY VENDOR LIST. The LOCAL GOVERNMENT affirms that it is aware of the
provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the
discriminatory vendor list 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. The LOCAL GOVERNMENT
further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and
agrees that placement on the list during the term of this Agreement may result in the termination of this
Agreement.
6) ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs.
7) TRAVEL. There shall be no reimbursement for travel expenses under this Agreement.
8) PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy
accruing to either Party upon breach or default by either Party under this Agreement, will impair any such
right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any
breach or default or any similar breach or default.
9) MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both
Parties to this Agreement.
10) NON -ASSIGNMENT. The LOCAL GOVERNMENT may not assign, sublicense, or otherwise transfer
its rights, duties, or obligations under this Agreement without the prior written consent of the
DEPARTMENT. Any assignment, sublicense, or transfer occurring without the required prior written
approval of the DEPARTMENT will be null and void. The DEPARTMENT will at all times be entitled
to assign or transfer its rights, duties, or obligations under this Agreement to another governmental entity
in the State of Florida, upon giving prior written notice to the LOCAL GOVERNMENT. In the event
CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 6
Resolution No. 2019-21 Exhibit "A"
that the DEPARTMENT approves transfer of the LOCAL GOVERNMENT's obligations, the LOCAL
GOVERNMENT remains responsible for all work performed and all expenses incurred in connection
with this Agreement.
11) The LOCAL GOVERNMENT agrees to include the following indemnification in all contracts with
contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this
Agreement:
"The contractor / subcontractor / consultant / subconsultant shall indemnify, defend, save and hold
harmless the State of Florida, Department of Transportation and all of its officers, agents or employees
from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or
due to any negligent act or occurrence of omission or commission of the contractor / subcontractor /
consultant / subconsultant, its officers, agents or employees."
12) BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and
their respective successors and assigns. Nothing in this Agreement is intended to confer any rights,
privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided
for in this Agreement.
13) INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any
party because that party or that party's legal representative drafted the provision.
14) ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a
part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions,
or obligations other than those contained in this Agreement. This Agreement supersedes all previous
communication, representation, or agreement, either verbal or written, between the Parties. No amendment
will be effective unless reduced to writing and signed by an authorized officer of the LOCAL
GOVERNMENT and the authorized officer of the DEPARTMENT or his/her delegate.
15) DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals.
16) E-VERIFY — the LOCAL GOVERNMENT shall:
a) utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the LOCAL GOVERNMENT during the term of the
contract; and
b) expressly require any subcontractors performing work or providing services pursuant to the state
contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the subcontractor during the contract
term.
The remainder of this page is intentionally left blank
CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 7
Resolution No. 2019-21 Exhibit "A"
17) The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the
obligation to comply with s.20.055(5), Florida Statutes.
EXECUTION
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year
first above written.
LOCAL GOVERNMENT:
Attest:
Printed Name & Title
Printed Name & Title
Legal Approval:
DEPARTMENT:
By:
Alan Hyman, P.E., Director of Transportation Operations
Attest:
Printed Name & Title
Legal Approval:
CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 8
Resolution No. 2019-21 Exhibit "A"
EXHIBIT A
Resolution, following on next page.
CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 9
EXHIBIT B
Resolution No. 2019-21 Exhibit "A"
SECTION S.R.
70080 A1A
PROJECT LIMITS:
LOCATION
From M.P. 1.495 (east side of A1A) and M.P.
0.883 (west side of A1A) north to M.P. 3.309
LENGTH
2.426 miles
CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 10
Resolution No.2019-21 Exhibit"A"
EXHIBIT C
MAINTENANCE ACTIVITIES:
(Maintenance Activities to be included and part of this Agreement will be checked in the INC. column)
Inc, ACTIVITY DESCRIPTION
❑ 433 Sodding: Cutting and placing sod in areas along the roadside associated with reworking non-
paved shoulders, slopes,ditches,median islands,utility strips and repairing washouts.
❑ 435 Seeding,Fertilizing and Mulching: Seeding,fertilizing,and mulching of the roadside.
❑ 436 Reworking Non-Paved Shoulders, Front Slopes, and Roadside Ditches (Mechanical):
Reworking non-paved shoulders, front slopes, roadside ditches and turnouts either by the
addition of suitable material and reshaping,or by cutting down built-up areas.
❑ 451 Clean Drainage Structures: Cleaning storm drains, French drains, manholes, side drains,
cross drains,inlets,piped outfalls,box culverts,and other miscellaneous drain structures.
❑ 459 Concrete Sidewalk Repair: Repair or replacement of existing sections of concrete sidewalk.
❑ 461 Roadside Ditches—Clean and Reshape: Cleaning and reshaping of ditches other than outfalls.
X 471 Large Machine Mowing: Mowing of roadside areas with large mowers where conditions
accommodate the efficient use of 7 foot and larger mowers, alone or in combination.
❑ 482 Slope Mowing: Grass, brush, and weed cutting along slopes too steep to safely mow or are
inaccessible for conventional mowing tractors.
X 485 Small Machine Mowing: Mowing the roadside with small hand or riding mowers have a
cutting width of 40 inches or less.
X 487 Manual Weed Control: Brush, weed, and grass cutting 100 mm (4") or less in diameter
performed with hand tools.
❑ 490 Fertilizing: Fertilizing to provide required nutrients to establish and maintain an acceptable
roadside turf.
X 492 Tree Trimming & Removal: The trimming of the height and sides of trees and removal of
undesirable trees(over 4 inches in diameter or trimming that cannot be done under Activity 487
Weed Control -Manual). To include the chipping and/or removal of all debris from work site.
❑ 493 Landscaped Area Maintenance: All efforts required for proper maintenance of landscaped
areas,including litter removal,mowing,edging,fertilizing,weeding,mulching,etc.
❑ 494 Chemical Grass and Weed Control: The application (handgun, basal or cut stump) of
herbicides to slopes,ditches,fence,guardrail,barrier wall,reinforced earthen walls,sidewalks,
bridges,curb and gutter,obstructions, shoulders, and other areas not assessable to mowers.Not
to include chemical applications within landscape or mitigation areas.
CONTRACT NO.:ASE65 FINANCIAL PROJECT NO.:426503-1-78-03 11
Resolution No.2019-21 Exhibit"A"
❑ 498 Storm Water Management: To maintain,to the maximum extent practicable, all
surface/storm water management systems to a functioning state as designed and in compliance
with the permit conditions and/or applicable rules and regulations.
❑ 527 Fence Repair: To provide highway safety and deter unauthorized and unrestrained access to
highway facilities.
X 541 Roadside Litter Removal: Cleaning roadways and roadsides of debris, such as cans,bottles,
paper, Adopt-A-Highway litter. Includes the hauling and disposal of litter. Does not include
wayside parks,rest areas and service plaza barrels.
❑ 542 Road Sweeping(Manual): To remove debris from the roadway where mechanical means are
not feasible before a drainage or safety problem is created or before it becomes unsightly.
❑ 543 Road Sweeping (mechanical): Machine sweeping of roadway to protect the facility from
excessive accumulation of debris.
X 545 Edging & Sweeping: Removal of vegetation and debris from the curb,gutter and sidewalk.
CONTRACT NO.:ASE65 FINANCIAL PROJECT NO.:426503-1-78-03 12
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 4
Subject: Resolution No. 2019-23; appointing members to the Culture and Leisure Services
Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Joel Fair and Kathy Parks)
Department: Legislative
Summary: At its September 26, 2019 Meeting, the Culture and Leisure Services (CLS) Board
interviewed Applicants to fill vacancies and voted to recommend Joel Fair and Kathy Parks for
appointment.
Mr. Fair and Ms. Parks will both be starting new, three-year terms on the CLS Board that were
vacated by two members that were not eligible for reappointment per City Code of Ordinances
Section 2-171(f).
Following completion of their first appointed terms, Mr. Fair and Ms. Parks will be eligible for
reappointment to their respective boards for one additional term, consistent with the limitations
set forth in Section 2-171(f), City Code.
It is now incumbent upon City Council to appoint members to the CLS Board.
Submitting Department Director: Daniel LeFever Date: 10/3/19
Attachment:
Resolution No. 2019-23
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/2/19
The Interim City Manager recommends that City Council take the following action:
Adopt Resolution No. 2019-23.
Approved by Interim City Manager: Mia Goforth Date: 10/3/19
RESOLUTION NO. 2019-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA; APPOINTING MEMBERS TO THE
CULTURE AND LEISURE SERVICES 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 54-26 established a Board known as the Culture and Leisure Services Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint 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. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the
City Council of the City of Cape Canaveral hereby appoints the following individuals to the
following board:
Joel Fair and Kathy Parks shall be appointed to the Culture and Leisure Services Board for
new, 3-year terms, to serve until October 1, 2022.
Following completion of their first terms, appointees shall be eligible for reappointment to their
board for one additional term consistent with the limitations set forth in Section 2-171(0, 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.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 15th day of October, 2019.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2019-23
Page 1 of 2
ATTEST:
Daniel LeFever
Interim City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
City of Cape Canaveral
Resolution No. 2019-23
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 5
Subject: Resolution No. 2019-24; in support of Florida Senator Debbie Mayfield's efforts to
ensure the safety of all passenger rail systems in Florida by encouraging the Governor and
Florida Department of Transportation to fulfill the recommendations within the Office of Public
Policy and Government Accountability's Study regarding passenger rail; providing for the
repeal of prior inconsistent resolutions, severability and an effective date.
Department: Legislative
Summary: In 2018, the Florida Office of Public Policy and Government Oversight (OPPAGA)
contracted with CPCS Transcom to conduct a study of Florida's passenger rail systems. The
resulting Passenger Rail Study report (Attachment 1) identified high rates of severe injuries,
fatalities, trespassing incidents as well as gaps in Florida Department of Transportation's
(FDOT) regulations governing safe operations of trains at certain speeds.
The report also identified the need for FDOT to clarify its mandate on passenger rail oversight
and a lack of resources for many local governments to modify their infrastructure to cope with
expansion of passenger rail services.
Florida State Senator Debbie Mayfield has requested FDOT immediately accept the findings of
the OPPAGA study and develop regulations governing higher -speed trains. Resolution No.
2019-24 (Attachment 2) proclaims support for Senator Mayfield's efforts as well as encouraging
Governor DeSantis to direct FDOT to develop plans for reducing rail system fatalities and
consider alternate routes for higher -speed passenger rail in a further effort to mitigate dangerous
situations.
Submitting Department Director: Daniel LeFever Date: 10/7/19
Attachments:
1. CPCS Florida Passenger Rail Study — October 2018
2. Resolution No. 2019-24
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/7/19
The Interim City Manager recommends that City Council take the following action:
Adopt Resolution No. 2019-24.
Approved by Interim City Manager: Mia Goforth Date: 10/7/19
Attachment 1
www.cpcstrans.com
CPCS
_FINAL REPORT_.
Florida Passenger Rail System Study
(Client Ref: RFP No. 917)
Final Report
Prepared for:
Office of Program Policy Analysis and Government
Accountability (OPPAGA)
Prepared by:
CPCS
To View the Full Report, please visit:
http://www.oppaga.state.fl.us/MonitorDocs/Reports/pdf/18-RAILrpt.pdf
Solutions for
growing economies
CPCS Ref: 18330
October 31, 2018
Attachment 2
RESOLUTION NO. 2019-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA; IN SUPPORT OF FLORIDA SENATOR
DEBBIE MAYFIELD'S EFFORTS TO ENSURE THE SAFETY OF ALL
PASSENGER RAIL SYSTEMS IN FLORIDA BY ENCOURAGING THE
GOVERNOR AND FLORIDA DEPARTMENT OF TRANSPORTATION
TO FULFILL THE RECOMMENDATIONS WITHIN THE OFFICE OF
PUBLIC POLICY AND GOVERNMENT ACCOUNTABILITY'S STUDY
REGARDING PASSENGER RAIL; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the Florida Office of Public Policy and Government Oversight (OPPAGA)
used funds set aside in the State Budget for Fiscal Year 2018/19 to contract with CPCS Transcom,
an international transportation and power infrastructure consulting group, to conduct a study of
Florida's passenger rail systems; and
WHEREAS, CPCS released its findings October 31, 2018, which encompassed an
inventory of all existing and future passenger rail systems in the state, the accident and incident
reports of each and an overview of the jurisdictions that regulate passenger rail including federal,
state, regional and local levels; and
WHEREAS, the CPCS Passenger Rail Study (PRS) identified a major issue in the State
of Florida regarding the high rate of severe injuries and fatalities and high levels of trespassing
incidents on railroad right-of-ways due to trail services operating in dense urban areas; and
WHEREAS, the CPCS PRS identified gaps in regulations, specific to higher -speed rail
operations and a series of rail expansion projects, noting there are Florida Department of
Transportation (FDOT) regulations governing the safe operations of trains operating up to seventy-
nine (79) miles per hour and trains operating at speeds of over one -hundred, twenty-five (125)
miles per hour, but there is a glaring absence of regulations governing higher -speed rail systems
including All Aboard Florida; and
WHEREAS, the CPCS PRS identified the need to clarify FDOT's mandate on oversight
of passenger rail with respect to maintenance, safety, revitalization and expansion as the
department is "given an explicit role to oversee rail planning and implementation" through the
Passenger Rail Investment and Improvement Act of 2008; and
WHEREAS, the CPCS PRS found the lack of resources for local governments for
planning rail projects as evidenced by the under -regulated development of higher -speed passenger
rail in some counties, cities and small communities which are overburdened financially and
technically by massive changes to their infrastructure including roadways and grade crossings; and
WHEREAS, the City Council of the City of Cape Canaveral wishes to express its full
support of Senator Mayfield's hard work in preventing unsafe conditions in Brevard County.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
City of Cape Canaveral
Resolution No. 2019-24
Page 1 of 2
Section 1. 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. The City Council of the City of Cape Canaveral fully supports Florida
Senator Debbie Mayfield's request that FDOT immediately accept the findings of the OPPAGA
study and develop regulations governing higher -speed passenger trains.
Section 3. The City Council of the City of Cape Canaveral encourages Governor
DeSantis to address the high number of deaths on all forms of rail systems in Florida and direct
the FDOT to develop plans for reducing the number of deaths, accidents and derailments, as
Florida's rail system is one of the most dangerous in the country.
Section 4. The City Council of the City of Cape Canaveral encourages Governor
DeSantis to direct FDOT to consider an alternative route for higher -speed passenger rail where
reduced population density and much fewer at -grade crossings will save the lives, livelihoods and
the tax dollars of all Florida residents.
Section 5. 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 6. This Resolution shall become effective immediately upon adoption by the
City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 15th day of October, 2019.
ATTEST:
Daniel LeFever
Interim City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
City of Cape Canaveral
Resolution No. 2019-24
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 6
Subject: Approve renewal of James Moore & Co., P.L. as Independent Auditor and authorize
execution of Engagement Letter.
Department: Administrative/Financial Services
Summary: On July 20, 2010 the City Council approved James Moore & Co., P.L. as
Independent Auditor for the City from FY 2010 to FY 2014 and renewed James Moore & Co.,
P.L. again on April 21, 2015 for FY 2015 to FY 2019. The Engagement Letter (Attachment 1)
supports the City's request to have James Moore perform as the City of Cape Canaveral's
Independent Auditor for years ended September 30, 2020, 2021, 2022, 2023 and 2024. The
agreement may be terminated by either party for non-compliance with the terms as noted in this
Engagement Letter. The parties will provide 30 days' notice of their intention to terminate the
engagement.
The City has received outstanding support from James Moore & Co., P.L. and desires to have the
contract renewed with the similar terms stated above and costs as follows: The cost of the
proposed audit for FY 2019/20 will be $48,500 and $48,500 for FY 2020/21's audit. This cost is
$500 higher or about 1% over the cost of the FY 2018/19 audit. For the following years: 2022 &
2023, cost per audit would be $49,000 and for 2024 the cost would increase to $49,500. In the
event the Consumer Price Index (CPI) was negative, a reduction in the financial audit fees for the
respective year under audit may be renegotiated based on the index.
In the event that a federal or state single audit is required, the fee shall be increased for an
additional $3,500 per major program required to be tested. Expenditures of federal and/or state
grants in excess of $750,000 in a single fiscal year will require a federal and/or state single audit.
The time at which such a fee would be incurred, is dependent upon Capital Projects supported by
grants of this magnitude and when they are ongoing.
The 2018 Peer Review Letter is attached (Attachment 2) as stated in the Engagement Letter.
Submitting Department Director: John DeLeo Date: 10/7/19
Attachment:
1. Engagement Letter
2. Peer Review Letter
Financial Impact: See above.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/7/19
The Interim City Manager recommends that City Council take the following action:
Approve renewal of James Moore & Co., P.L. as Independent Auditor and authorize execution of
Engagement Letter.
Approved by Interim City Manager: Mia Goforth Date: 10/7/19
Attachment 1
. James Moore
Certified Public Accountants and Consultants
August 28, 2019
To the Honorable Mayor and City Council Members,
City of Cape Canaveral, Florida:
You have requested that we audit the financial statements of the governmental activities, the business -type
activities, each major fund, and the aggregate remaining fund information of City of Cape Canaveral,
Florida (the City), as of September 30, 2020, 2021, 2022, 2023, and 2024, and for the years then ended, and
the related notes to the financial statements, which collectively comprise the City's basic financial
statements as listed in the table of contents.
In addition, if applicable, we will audit the City's compliance over major federal award programs and major
state projects for the years ended September 30, 2020, 2021, 2022, 2023, and 2024. We are pleased to
confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audits
will be conducted with the objectives of our expressing an opinion on each opinion unit and an opinion on
compliance regarding the City's major federal award programs and major state projects.
Accounting principles generally accepted in the United States of America, (U.S. GAAP,) as promulgated
by the Governmental Accounting Standards Board (GASB) require that supplementary information, such
as management's discussion and analysis (MD&A) or budgetary comparison information, be presented to
supplement the basic financial statements. Such information, although not a part of the basic financial
statements, is required by the GASB, who considers it to be an essential part of financial reporting for
placing the basic financial statements in an appropriate operational, economic, or historical context. As part
of our engagement, we will apply certain limited procedures to the required supplementary information
(RSI) in accordance with auditing standards generally accepted in the United States of America (U.S.
GAAS). These limited procedures will consist primarily of inquiries of management regarding their
methods of measurement and presentation, and comparing the information for consistency with
management's responses to our inquiries. We will not express an opinion or provide any form of assurance
on the RSI. The following RSI is required by U.S. GAAP. This RSI will be subjected to certain limited
procedures but will not be audited:
1. Management's discussion and analysis
2. Budgetary comparison schedules (if presented as RSI)
Supplementary information other than RSI will accompany the City's basic financial statements. We will
subject the following supplementary information to the auditing procedures applied in our audit of the basic
financial statements and perform certain additional procedures, including comparing and reconciling the
supplementary information to the underlying accounting and other records used to prepare the basic
financial statements or to the basic financial statements themselves, and additional procedures in
accordance with U.S. GAAS. We intend to provide an opinion on whether the following supplementary
information is presented fairly in all material respects in relation to the basic financial statements as a whole:
1. Schedule of expenditures of federal awards and state financial assistance (if applicable)
2. Combining and nonmajor fund schedules
121 Executive Circle
Daytona Beach, FL 32114-1180
Telephone: 386-257-4100
133 East Indiana Avenue
DeLand, FL 32724-4329
Telephone: 386-738-3300
5931 NW 1st Place
Gainesville, FL 32607-2063
Telephone: 352-3 78-1331
2477Tim Gamble Place, Suite 200
Tallahassee, FL 32308-4386
Telephone: 850- 386-6184
Website: www.jmco.com 1 Email: info@jmco.com Member of AGN International with offices in principal cities worldwide
City of Cape Canaveral, Florida
August 28, 2019
Page 2
Also, the document we submit to you will include the following other additional information that will not
be subjected to the auditing procedures applied in our audit of the basic financial statements:
1. Introductory section
2. Statistical section
Data Collection Form
Prior to the completion of our engagement, if applicable, we will complete the sections of the Data
Collection Form that are our responsibility. The form will summarize our audit findings, amounts and
conclusions. It is management's responsibility to submit a reporting package including financial statements,
schedule of expenditure of federal awards, summary schedule of prior audit findings and corrective action
plan along with the Data Collection Form to the federal audit clearinghouse. The financial reporting
package must be text searchable, unencrypted, and unlocked. Otherwise, the reporting package will not be
accepted by the federal audit clearinghouse. We will assist you in the electronic submission and
certification. You may request from us copies of our report for you to include with the reporting package
submitted to pass -through entities.
The Data Collection Form is required to be submitted within the earlier of 30 days after receipt of our
auditors' reports or nine months after the end of the audit period, unless specifically waived by a federal
cognizant or oversight agency for audits. Data Collection Forms submitted untimely are one of the factors
in assessing programs at a higher risk.
Audit of the Financial Statements
We will conduct our audit in accordance with U.S. GAAS and the standards applicable to financial audits
contained in Government Auditing Standards, issued by the Comptroller General of the United States of
America; the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform
Administrative Requirements, Cost Principles, Audit Requirements for Federal Awards (Uniform
Guidance), Section 215.97, Florida Statutes, Florida Single Audit Act, and the provisions of Chapter
10.550, Rules of the State of Florida, Office of the Auditor General. Those standards and the Uniform
Guidance require that we plan and perform the audit to obtain reasonable assurance about whether the basic
financial statements are free from material misstatement. An audit involves performing procedures to obtain
audit evidence about the amounts and disclosures in the financial statements. The procedures selected
depend on the auditor's judgment, including the assessment of the risks of material misstatement of the
financial statements, whether due to fraud or error, misappropriation of assets, or violations of laws,
governmental regulations, grant agreements, or contractual agreements. An audit also includes evaluating
the appropriateness of accounting policies used and the reasonableness of significant accounting estimates
made by management, as well as evaluating the overall presentation of the financial statements. If
appropriate, our procedures will therefore include tests of documentary evidence that support the
transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation
of cash, investments, and certain other assets and liabilities by correspondence with creditors and financial
institutions. As part of our audit process, we will request written representations from your attorneys, and
they may bill you for responding. At the conclusion of our audit, we will also request certain written
representations from you about the financial statements and related matters.
Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an
unavoidable risk that some material misstatements or noncompliance (whether caused by errors, fraudulent
City of Cape Canaveral, Florida
August 28, 2019
Page 3
financial reporting, misappropriation of assets, or violations of laws or governmental regulations) may not
be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS;
Government Auditing Standards of the Comptroller General of the United States of America; Section
215.97, Florida Statutes, Florida Single Audit Act; the provisions of Chapter 10.550, Rules of the State of
Florida, Office of the Auditor General and will include tests of accounting records, a determination of major
state project(s) in accordance with Chapter 10.550, Rules of the State of Florida, Office of the Auditor
General and other procedures we consider necessary to enable us to express such opinions and to render
the required reports. Please note that the determination of abuse is subjective and Government Auditing
Standards does not require auditors to detect abuse.
In making our risk assessments, we consider internal control relevant to the entity's preparation and fair
presentation of the financial statements in order to design audit procedures that are appropriate in the
circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal
control. However, we will communicate to you in writing concerning any significant deficiencies or
material weaknesses in internal control relevant to the audit of the financial statements that we have
identified during the audit. Our responsibility as auditors is, of course, limited to the period covered by our
audit and does not extend to any other periods.
We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in
which it is necessary for us to modify our opinions or add emphasis -of -matter or other -matter paragraphs.
If our opinions on the basic financial statements are other than unmodified, we will discuss the reasons with
you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not
formed opinions, we may decline to express opinions or to issue a report as a result of this engagement.
We will issue a written report upon completion of our audit of the City's basic financial statements. Our
report will be addressed to the governing body of the City. We cannot provide assurance that unmodified
opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions,
add an emphasis -of -matter or other -matter paragraph(s), or withdraw from the engagement.
In accordance with the requirements of Government Auditing Standards, we will also issue a written report
describing the scope of our testing over internal control over financial reporting and over compliance with
laws, regulations, and provisions of grants and contracts, including the results of that testing. However,
providing an opinion on internal control and compliance over financial reporting will not be an objective
of the audit and, therefore, no such opinion will be expressed.
We also will issue a written report as required by Chapter 10.550, Rules of the State of Florida, Office of
the Auditor General upon completion of our audit.
Audit of Major Program/Project Compliance
If applicable, our audit of the City's major federal award program(s) and state project(s) compliance will
be conducted in accordance with the requirements of the Single Audit Act, as amended; the Uniform
Guidance; and Chapter 10.550, Rules ofthe State of Florida, Office ofthe Auditor General; and will include
tests of accounting records, a determination of major programs/projects in accordance with the Uniform
Guidance, Chapter 10.550, Rules of the State of Florida, Office of the Auditor General, and other
procedures we consider necessary to enable us to express such an opinion on major federal award program
and major state project compliance and to render the required reports. We cannot provide assurance that an
unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for
us to modify our opinion or withdraw from the engagement.
City of Cape Canaveral, Florida
August 28, 2019
Page 4
The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance
about whether the entity has complied with applicable laws and regulations and the provisions of contracts
and grant agreements applicable to major federal award programs. Our procedures will consist of
determining major federal programs and performing the applicable procedures described in the U.S. Office
of Management and Budget OMB Compliance Supplement for the types of compliance requirements that
could have a direct and material effect on each of the entity's major programs. The purpose of those
procedures will be to express an opinion on the entity's compliance with requirements applicable to each
of its major programs in our report on compliance issued pursuant to the Uniform Guidance.
Also, as required by the Uniform Guidance, we will perform tests of controls to evaluate the effectiveness
of the design and operation of controls that we consider relevant to preventing or detecting material
noncompliance with compliance requirements applicable to each of the entity's major federal award
programs. However, our tests will be less in scope than would be necessary to render an opinion on these
controls and, accordingly, no opinion will be expressed in our report.
Chapter 10.550, Rules of the State of Florida, Office of the Auditor General requires that we also plan and
perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable
laws and regulations and the provisions of contracts and grant agreements applicable to major state projects.
Our procedures will consist of tests of transactions and other applicable procedures described in the State
of Florida State Projects Compliance Supplement for the types of compliance requirements that could have
a direct and material effect on each of the Organization's major state projects. The purpose of these
procedures will be to express an opinion on the City's compliance with requirements applicable to each of
its major state projects in our report on compliance issued pursuant to Chapter 10.550, Rules of the State
of Florida, Office of the Auditor General.
Also, as required by Chapter 10.550, Rules of the State of Florida, Office of the Auditor General, we will
perform tests of controls over compliance to evaluate the effectiveness of the design and operation of
controls that we consider relevant to preventing or detecting material noncompliance with compliance
requirements applicable to each major state project. However, our tests will be less in scope than would be
necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report
on internal control issued pursuant to Chapter 10.550, Rules of the State of Florida, Office of the Auditor
General.
We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the
entity's major federal award programs and major state projects, and a report on internal controls over
compliance that will report any significant deficiencies and material weaknesses identified; however, such
report will not express an opinion on internal control.
Management's Responsibilities
Our audit will be conducted on the basis that management acknowledge and understand that they have
responsibility:
1. For the preparation and fair presentation of the financial statements in accordance with accounting
principles generally accepted in the United States of America;
2. For the design, implementation, and maintenance of internal control relevant to the preparation and
fair presentation of financial statements that are free from material misstatement, whether due to
fraud or error;
City of Cape Canaveral, Florida
August 28, 2019
Page 5
3. For identifying, in its accounts, all federal awards received and state financial assistance expended
during the period and the federal programs under which they were received, including federal
awards and funding increments received prior to December 26, 2014 (if any), and those received
in accordance with the Uniform Guidance (generally received after December 26, 2014);
4. For maintaining records that adequately identify the source and application of funds for federally
funded activities;
5. For preparing the schedule of expenditures of federal awards and state financial assistance
(including notes and noncash assistance received) in accordance with the Uniform Guidance and
Chapter 10.550, Rules of the State of Florida, Office of the Auditor General requirements;
6. For the design, implementation, and maintenance of internal control over federal awards, state
financial assistance, and compliance;
7. For establishing and maintaining effective internal control over federal awards and state financial
assistance that provides reasonable assurance that the nonfederal entity is managing federal awards
and state projects in compliance with federal and state statutes, regulations, and the terms and
conditions of the federal awards and state financial assistance;
8. For identifying and ensuring that the entity complies with federal and state statutes, regulations,
and the terms and conditions of federal award programs and state financial assistance projects and
implementing systems designed to achieve compliance with applicable federal and state statutes,
regulations, and the terms and conditions of federal award programs and state financial assistance
proj ects;
9. For disclosing accurately, currently, and completely the financial results of each federal award and
major state project in accordance with the requirements of the award;
10. For identifying and providing report copies of previous audits, attestation engagements, or other
studies that directly relate to the objectives of the audit, including whether related recommendations
have been implemented;
11. For taking prompt action when instances of noncompliance are identified;
12. For addressing the findings and recommendations of auditors, for establishing and maintaining a
process to track the status of such findings and recommendations and taking corrective action on
reported audit findings from prior periods and preparing a summary schedule of prior audit
findings;
13. For following up and taking corrective action on current year audit findings and preparing a
corrective action plan for such findings;
14. For submitting the reporting package and data collection form to the appropriate parties;
15. For making the auditor aware of any significant contractor relationships where the contractor is
responsible for program compliance;
16. To provide us with:
a. Access to all information of which management is aware that is relevant to the preparation
and fair presentation of the financial statements, and relevant to federal award programs
and state financial assistance projects, such as records, documentation, and other matters;
b. Additional information that we may request from management for the purpose of the audit;
and
c. Unrestricted access to persons within the entity from whom we determine it necessary to
obtain audit evidence.
17. For adjusting the financial statements to correct material misstatements and confirming to us in the
management representation letter that the effects of any uncorrected misstatements aggregated by
us during the current engagement and pertaining to the current year period(s) under audit are
immaterial, both individually and in the aggregate, to the financial statements as a whole;
18. For acceptance of nonattest services, including identifying the proper party to oversee nonattest
work;
City of Cape Canaveral, Florida
August 28, 2019
Page 6
19. For maintaining adequate records, selecting and applying accounting principles, and safeguarding
assets;
20. For informing us of any known or suspected fraud affecting the entity involving management,
employees with significant role in internal control and others where fraud could have a material
effect on compliance;
21. For the accuracy and completeness of all information provided;
22. For taking reasonable measures to safeguard protected personally identifiable and other sensitive
information;
23. For confirming your understanding of your responsibilities as defined in this letter to us in your
management representation letter; and
24. For identifying and ensuring that the entity complies with applicable laws, regulations, contracts,
agreements, and grants. Additionally, as required by Uniform Guidance and Chapter 10.550, Rules
of the State of Florida, Office of the Auditor General, it is management's responsibility to follow
up and take corrective action on reported audit findings and to prepare a summary schedule of prior
audit findings and a corrective action plan. The summary schedule of prior audit findings should
be available for our review at the commencement of fieldwork.
With regard to the supplementary information referred to above, you acknowledge and understand your
responsibility (a) for the preparation of the supplementary information in accordance with the applicable
criteria, (b) to provide us with the appropriate written representations regarding supplementary information,
(c) to include our report on the supplementary information in any document that contains the supplementary
information and that indicates that we have reported on such supplementary information, and (d) to present
the supplementary information with the audited financial statements, or if the supplementary information
will not be presented with the audited financial statements, to make the audited financial statements readily
available to the intended users of the supplementary information no later than the date of issuance by you
of the supplementary information and our report thereon.
As part of our audit process, we will request from management written confirmation concerning
representations made to us in connection with the audit.
Investment Attestation Engagement
You have requested that we examine compliance with Section 218.415, Florida Statutes, Local Government
Investment Policies of the City for the year ended 2020, 2021, 2022, 2023, and 2024. We are pleased to
confirm our acceptance and our understanding of this examination engagement by means of this letter. Our
examination will be conducted with the objective of expressing an opinion as to whether the City complied
in all material respects with Section 218.415, Florida Statutes, Local Government Investment Policies.
Practitioner Responsibilities
We will conduct our examination in accordance with the attestation standards related to examinations of
the American Institute of Certified Public Accountants. An examination -level attestation engagement
involves performing procedures to obtain attest evidence about whether compliance with Section 218.415,
Florida Statutes, Local Government Investment Policies is fairly presented, in all material respects, in
conformity with Section 218.415, Florida Statutes, Local GovernmentlnvestmentPolicies. The procedures
selected depend on the practitioner's judgment, including the assessment of the risks of material
misstatement or misrepresentation of the subject matter, whether due to fraud or error.
City of Cape Canaveral, Florida
August 28, 2019
Page 7
Because of the inherent limitations of an examination, together with the inherent limitations of internal
control, an unavoidable risk that some material misstatements or misrepresentations may not be detected
exists, even though the examination is properly planned and performed in accordance with the attestation
standards related to examinations of the American Institute of Certified Public Accountants. However, we
will inform you of any material errors or fraud that comes to our attention, unless clearly inconsequential.
Management Responsibilities
Our examination will be conducted on the basis that management and, when appropriate, those charged
with governance acknowledge and understand that they have responsibility:
1. For the design, implementation, and maintenance of internal control relevant to Section 218.415,
Florida Statutes, Local Government Investment Policies, which is the best means of preventing or
detecting errors or fraud;
2. For selecting and determining the suitability and appropriateness of the criteria upon which the
Section 218.415, Florida Statutes, Local Government Investment Policies will be evaluated; and
3. To provide us with:
a. Access to all information of which management is aware that is relevant to the
Section 218.415, Florida Statutes, Local Government Investment Policies such as records,
documentation, and other matters and that you are responsible for the accuracy and
completeness of that information;
b. Additional information that we may request from management for the purpose of the
examination; and
c. Unrestricted access to persons within the entity from whom we determine it necessary to
obtain attest evidence.
As part of our examination process, we will request from you written confirmation concerning
representations made to us in connection with the examination.
Reporting
We will issue a written report upon completion of our examination of Section 218.415, Florida Statutes,
Local Government Investment Policies. Our report will be addressed to the governing body. We cannot
provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is
necessary for us to modify our opinion, add an emphasis -of -matter or other -matter paragraph(s), or
withdraw from the engagement.
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we
request and will locate any documents or support for any other transactions we select for testing.
During the course of the audit, we may observe opportunities for economy in, or improved controls over,
your operations. We will bring such matters to the attention of the appropriate level of management, either
orally or in writing.
City of Cape Canaveral, Florida
August 28, 2019
Page 8
You agree to inform us of facts that may affect the financial statements of which you may become aware
during the period from the date of the auditor's report to the date the financial statements are issued.
Zach Chalifour is the service leader for the audit services specified in this letter. His responsibilities include
supervising the services performed as part of this engagement and signing or authorizing another qualified
firm representative to sign the reports.
Our fees for the audit of the financial statements and related services, including expenses, for each of the
fiscal years included in this engagement are as follows:
Year
Single Audit
Financial (per major
Audit program)
2020 $ 48,500 $ 3,500
2021 48,500 3,500
2022 49,000 3,500
2023 49,000 3,500
2024 49,500 3,500
If the annual Consumer Price Index (CPI — All Urban Customers Series ID: CUURX000SAO, not seasonally
adjusted, size class B/C, all items, as published by the United States Bureau of Labor Statistics) for the 12
months preceding a year-end audit date is a negative value, a reduction in the financial audit fees for the
respective year under audit may be renegotiated based on the index.
Upon completion of the audit for the year ended September 30, 2024, this engagement may be renewed for
an additional five-year period at the option of both parties. Any renewals will be evidenced by a new
engagement letter.
At the conclusion of our audit engagement, we will communicate to those charged with governance the
following significant findings from the audit:
• Our view about the qualitative aspects of the entity's significant accounting practices;
• Significant difficulties, if any, encountered during the audit;
• Uncorrected misstatements, other than those we believe are trivial, if any;
• Disagreements with management, if any;
• Other findings or issues, if any, arising from the audit that are, in our professional judgment,
significant and relevant to those charged with governance regarding their oversight of the financial
reporting process;
• Material, corrected misstatements that were brought to the attention of management as a result of
our audit procedures;
• Representations we requested from management;
• Management's consultations with other accountants, if any; and
• Significant issues, if any, arising from the audit that were discussed, or the subject of
correspondence, with management.
In accordance with the requirements of Government Auditing Standards, we have attached a copy of our
latest external peer review report of our firm for your consideration and files.
City of Cape Canaveral, Florida
August 28, 2019
Page 9
We will perform the following nonattest services: Preparation of financial statements (if requested),
Schedule of Federal Awards and State Financial Assistance (if requested), and Data Collection Form (if
applicable). With respect to any nonattest services we perform, the City's management is responsible for
(a) making all management decisions and performing all management functions; (b) assigning a competent
individual (John DeLeo, Administrative & Financial Services Director) to oversee the services; (c)
evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the
results of the services performed; and (e) establishing and maintaining internal controls, including
monitoring ongoing activities.
The audit documentation for this engagement is the property of James Moore & Co., P.L. and constitutes
confidential information. However, we may be requested to make certain audit documentation available to
a grantor or their designee, a federal or state agency providing direct or indirect funding, or the U.S.
Government Accountability Office pursuant to authority given to it by laws or regulation, or to peer reviews.
If requested, access to such audit documentation will be provided under the supervision of James Moore &
Co., P.L. personnel. We will notify you of any such request. Furthermore, upon request, we may provide
copies of selected audit documentation to these agencies and regulators. The regulators and agencies may
intend, or decide, to distribute the copies or information contained therein to others, including other
governmental agencies.
We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the
significant terms of our engagement. If you have any questions, please let us know. If you agree with the
terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.
Very truly yours,
ItiMle
icljvAe.
JAMES MOORE & CO., P.L.
RESPONSE:
This letter correctly sets forth the understanding of the City of Cape Canaveral, Florida.
By
Title
Date
Attachment 2
HADDOX
REID
EUBANK
BETTS PLLC
CPAs & Advisors
REPORT ON THE FIRM'S SYSTEM OF QUALITY CONTROL
April 11,2018
To the Members
James Moore & Co., P.L.
and the National Peer Review Committee
We have reviewed the system of quality control for the accounting and auditing practice
of James Moore & Co., P.L. (the firm) in effect for the year ended October 31, 2017. Our
peer review was conducted in accordance with the Standards for Performing and
Reporting on Peer Reviews established by the Peer Review Board of the American
Institute of Certified Public Accountants (Standards).
A summary of the nature, objectives, scope, limitations of, and the procedures performed
in a System Review as described in the Standards may be found at
www.aicpa.org/prsummary. The summary also includes an explanation of how
engagements identified as not performed or reported in conformity with applicable
professional standards, if any, are evaluated by a peer reviewer to determine a peer
review rating.
Firm's Responsibility
The firm is responsible for designing a system of quality control and complying with it to
provide the firm with reasonable assurance of performing and reporting in conformity
with applicable professional standards in all material respects. The firm is also
responsible for evaluating actions to promptly remediate engagements deemed as not
performed or reported in conformity with professional standards, when appropriate, and
for remediating weaknesses in its system of quality control, if any.
Peer Reviewer's Responsibility
Our responsibility is to express an opinion on the design of the system of quality control
and the firm's compliance therewith based on our review.
One Jackson Place, Suite 500 r PO. Drawer 22507 • Jackson, MS 39225-2507 • Ph: 601-948-2924 • Fx: 601-960-9154 r www.HaddoxReid.com
Required Selections and Considerations
Engagements selected for review included engagements performed under Government
Auditing Standards, including compliance audits under the Single Audit Act, and audits
of employee benefit plans and an examination of a service organization (SOC 2
engagement).
As a part of our peer review, we considered reviews by regulatory entities as
communicated by the firm, if applicable, in determining the nature and extent of our
procedures.
Opinion
In our opinion, the system of quality control for the accounting and auditing practice of
James Moore & Co., P.L. in effect for the year ended October 31, 2017, has been suitably
designed and complied with to provide the firm with reasonable assurance of performing
and reporting in conformity with applicable professional standards in all material
respects. Firms can receive a rating of pass, pass with deficiency (ies) or fail. James
Moore & Co., P.L. has received a peer review rating of pass.
Haddox Reid Eubank Betts PLLC
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 7
Subject: Approve the Twelfth Addendum to Professional Services Agreement for Fertilization,
Insect, Disease, Weed Control and Pest Control Services in the amount of $49,496 with Black's
Spray Service, Inc. and authorize the Interim 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 (Canaveral) Ditch. A contract for pest control services for all City buildings was
awarded to Black's in 2010.
Total cost for all services is $49,496, a 3% increase of $1,442 from FY 2018/19. The attached
Bid Tab Sheet detailing the proposed costs and scope of service to be provided by Black's for
FY 2019/20 are included as Exhibit "1" to the Attachment.
In general, Staff is very pleased with the level of service and customer support provided by
Black's.
The initial Professional Services Agreement between the City and Black's allowed for five (5)
extensions of one-year periods. The Seventh Addendum to the Agreement (executed in 2014
with an expiration of September 30, 2015) provided that "the parties shall have the option to
extend the term of this Agreement for two (2) additional one-year periods." The Eighth
Addendum provided for a one-year extension period, which expired on September 30, 2016.
The Ninth Addendum provided for a one-year extension period, which expired September 30,
2017. The Tenth Addendum, which expired on September 30, 2018, provided for a one-year
extension period. The Eleventh Addendum, expired September 30, 2019, and provided that the
parties shall have the option to extend the term of this Agreement for five (5) additional one-
year periods. The Twelfth Addendum provides for a one-year extension period, which is
scheduled to expire on September 30, 2020.
Submitting Department Director: Joshua A. Surprenant Date: 10/7/19
Attachment: Twelfth Addendum to Professional Services Agreement with Exhibit "1" FY
2019/20 Chemical Applications Bid Tab Sheet FY 2019/20.
Financial Impact: $49,496 with Black's Spray Service, Inc. for Fertilization, Insect, Disease,
Weed Control and Pest Control Services funded by Departments throughout the City; Staff time
and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/7/19
The Interim City Manager recommends that City Council take the following action:
Approve the Twelfth Addendum to Professional Services Agreement for Fertilization, Insect,
Disease, Weed Control and Pest Control Services in the amount of $49,496 with Black's Spray
Service, Inc. and authorize Interim City Manager to execute same.
Approved by Interim City Manager: Mia Goforth Date: 10/7/19
TWELFTH ADDENDUM TO
PROFESSIONAL SERVICES AGREEMENT
THIS TWELFTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
("Twelfth Addendum") is made and entered this day of , 2019 by and between
the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address
is 100 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, terminated on September
30, 2019; 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 Twelfth 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, 2019 and terminating on September 30, 2020. The parties shall have
the option to extend the term of this Agreement for four (4) additional one (1) 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.
Twelfth Addendum to Professional Services Agreement
City of Cape Canaveral / Black's Spray Service, Inc.
Page 1 of 2
ARTICLE 3 — PAYMENT OF CONTRACTOR
Article 6 of the Agreement, which addresses payment of contractor, is hereby deleted in its entirety
and replaced with the following language:
The City shall pay to Contractor $49,496.00 for chemical applications (e.g., fertilization,
insect control, and weed control) as described in Exhibit "1," Chemical Applications Bid Tab
Sheet. 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 Finance Department for payment. Payments shall
be processed consistent with the Florida Local Government Prompt Payment Act.
ARTICLE 4 — OTHER PROVISIONS
Any other term or provision of the Agreement not expressly modified by this Twelfth Addendum,
or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth or Eleventh
Addenda, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Twelfth Addendum as of
the day and year first above written.
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
Attest: By:
City Manager
By:
City Clerk
WITNESSES:
Print Name:
Print Name:
CONTRACTOR:
Black's Spray Service, Inc.,
a Florida corporation.
By:
Carlos S. Boyer, President
Twelfth Addendum to Professional Services Agreement
City of Cape Canaveral / Black's Spray Service, Inc.
Page 2 of 2
Exhibit"1"
City of Cape Canaveral
Chemical Applications
BID TAB SHEET FY 2019/20
APPLICATION AREAS UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES
YEAR
A City Hall,Cape Center,Sheriffs Annex,
Library
Turf Applications(Granular/Liquid) $ 169.95 6 $ 1,019.70 Annex-111 Polk Ave.
Ornamental Fertilization(Granular) $ 370.80 2 $ 741.60
City Hall/Cape Center-100/105 Polk Ave
Tree Fertilization(Granular) $ 103.00 2 $ 206.00
Herbicide Applications $ 123.60 10 $ 1,236.00 Library-201 Polk Ave.
City Hall-$130X6;
Sheriffs Annex-$65X6;
Rec Center-$65X6;
Canaveral Park-$145X6;
Facilities Pest Control Manatee Park-$50X6;
Public Works-$125X6;
Streets-$55X6
$ 654.05 6 $ 3,924.30
B Recreation Complex
Turf Applications(Granular/Liquid) $ 108.15 6 $ 648.90
Ornamental Fertilization(Granular) $ 123.60 2 $ 247.20 7300 N Atlantic Ave.
Tree Fertilization(Granular) $ 30.90 2 $ 61.80
Herbicide Applications $ 77.25 10
$ 772.50
C Xeriscape Park South Side of City Hall
105 Polk Ave.between Polk and Taylor
Herbicide Applications Avenues
$ - 10 $ -
D Veteran's Memorial Park
Turf Applications(Granular/Liquid) $ 30.90 6 $ 185.40 Adjacent to Library
Ornamental Fertilization(Granular) $ 46.35 2 $ 92.70 201 Polk Ave.
Herbicide Applications $ 30.90 10 $ 309.00
Page 1 of 8
Exhibit"1"
City of Cape Canaveral
Chemical Applications
BID TAB SHEET FY 2019/20
APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES
YEAR
E Bennix Park
Turf Applications(Granular/Liquid) $ 154.50 6 $ 927.00 Washington Ave.
Ornamental Fertilization(Granular) $ 139.05 2 $ 278.10 (Between N.Atlantic and Rosalind Ave.)
Tree Fertilization(Granular) $ 61.80 2 $ 123.60
Herbicide Applications $ 61.80 10 $ 618.00
F Canaveral&Canaveral Beach Blvd
Turf Applications(Granular/Liquid) $ 185.40 6 $ 1,112.40
Ornamental Fertilization(Granular) $ 108.15 2 $ 216.30 Medians Only
Tree Fertilization(Granular) $ 46.35 2 $ 92.70
Herbicide Applications $ 77.25 10 $ 772.50
G N Ridgewood, E Central,W Central
Turf Applications(Granular/Liquid) $ 370.80 6 $ 2,224.80
Ornamental Fertilization(Granular) $ 216.30 2 $ 432.60
Tree Fertilization(Granular) $ 61.80 2 $ 123.60
Herbicide Applications $ 216.30 10 $ 2,163.00
H Cape View Tree Line and Kindergarten
Turf Applications(Granular/Liquid) $ 15.45 6 $ 92.70 Cape View Elementary School
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 8840 Rosalind Ave.
Tree Fertilization(Granular) $ 46.35 2 $ 92.70
Herbicide Applications $ 15.45 10 $ 154.50
Page 2 of 8
Exhibit"1"
City of Cape Canaveral
Chemical Applications
BID TAB SHEET FY 2019/20
APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES
YEAR
I Harbor Heights
Turf Applications(Granular/Liquid) $ 30.90 6 $ 185.40 Harbor Dr.
Ornamental Fertilization(Granular) $ 30.90 2 $ 61.80 (Off North Atlantic Ave.)
Tree Fertilization(Granular) $ 15.45 2 $ 30.90
Herbicide Applications $ 30.90 10 $ 309.00
J North Atlantic Avenue
Turf Applications(Granular/Liquid) $ 30.90 6 $ 185.40
Ornamental Fertilization(Granular) $ 427.45 2 $ 854.90
Tree Fertilization(Granular) $ 427.45 2 $ 854.90
Herbicide Applications $ 360.50 10 $ 3,605.00
K Canaveral City Park and Ball Park
Turf Applications(Granular/Liquid) $ 185.40 6 $ 1,112.40
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 7920 Orange Ave-(Top Choice-Both
$ - Infields and Outfields; Playground;and,
Herbicide Applications Pavilion)
$ 30.90 10 $ 309.00
Turf Application Little League Infield $ 77.25 12 $ 927.00
Top Choice Application $ 1,133.00 1 1 $ 1,133.00
L Center Street Park and Streetscape
Turf Applications(Granular/Liquid) $ 15.45 6 $ 92.70 West End of Center St.
Ornamental Fertilization(Granular) $ 92.70 2 $ 185.40 (Off N.Atlantic Ave.)
Tree Fertilization(Granular) $ 30.90 2 $ 61.80
Herbicide Applications $ 103.00 10 $ 1,030.00
Page 3 of 8
Exhibit"1"
City of Cape Canaveral
Chemical Applications
BID TAB SHEET FY 2019/20
APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES
YEAR
M South City Entrance Sign
Turf Applications(Granular/Liquid) $ -
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 N Atlantic Ave.
Tree Fertilization(Granular) $ 15.45 2 $ 30.90 (Between Grant Ave.and Johnson Ave.)
Herbicide Applications $ 15.45 10
$ 154.50
N A1A Landscaped Areas
Ornamental Fertilization(Granular) $ 231.75 2 $ 463.50
Tree Fertilization(Granular) $ 231.75 2 $ 463.50
Herbicide Applications $ 216.30 10 $ 2,163.00
O Patriot's Park
Turf Applications(Granular/Liquid) $ 30.90 6 $ 185.40 West End of Longpoint Rd.
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 (W side of N Atlantic Avenue)
Tree Fertilization(Granular) $ 15.45 2 $ 30.90 Top Choice-Playground
Herbicide Applications $ 30.90 10 $ 309.00
Top Choice Application $ 103.00 I 1 $ 103.00
P Columbia Drive
Turf Applications(Granular/Liquid) $ 46.35 6 $ 278.10
Ornamental Fertilization(Granular) $ -
Tree Fertilization(Granular) $ 30.90 2 $ 61.80
Herbicide Applications $ -
Page 4 of 8
Exhibit"1"
City of Cape Canaveral
Chemical Applications
BID TAB SHEET FY 2019/20
APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES
YEAR
Q Thurm Blvd Medians
Turf Applications(Granular/Liquid) $ 30.90 6 $ 185.40
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90
Herbicide Applications $ -
R Manatee Park
Turf Applications(Granular/Liquid) $ 30.90 6 $ 185.40 801 Thurm Blvd(Park located on river just
Ornamental Fertilization(Granular) $ 46.35 2 $ 92.70 north of Cape Canaveral Public Works
Tree Fertilization(Granular) $ 61.80 2 $ 123.60 Facility-Top Choice-Pavilion, Exercise
Herbicide Applications $ 309.00 10 $ 3,090.00 Trail and Bench Areas
Top Choice Application $ 772.50 1 $ 772.50
S Banana River Park
Turf Applications(Granular/Liquid) $ 154.50 6 $ 927.00
Ornamental Fertilization(Granular) $ 23.18 2 $ 46.36 901 Thurm Blvd-Top Choice Areas-Soccer
Tree Fertilization(Granular) $ 84.98 2 $ 169.96 Field and Playground
Herbicide Applications $ 92.70 10 $ 927.00
Top Choice Application $ 721.00 1 $ 721.00
T N City Entrance Sign A1A
Turf Applications(Granular/Liquid) 6 $ - North End of Cape Canaveral on west side of
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 Astronaut Blvd.
Tree Fertilization(Granular) 2 $ -
Herbicide Applications $ 15.45 10 $ 154.50
Page 5 of 8
Exhibit"1"
City of Cape Canaveral
Chemical Applications
BID TAB SHEET FY 2019/20
APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES
YEAR
U N Atlantic Entrance Sign
Turf Applications(Granular/Liquid) 6 $ - North end of Cape Canaveral on west side of
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 N.Atlantic Ave.by Port Entrance
Herbicide Applications $ 15.45 10 $ 154.50
V Water Reclamation Plant
Turf Applications(Granular/Liquid) 6 $ -
Ornamental Fertilization(Granular) $ 30.45 2 $ 60.90 701 Thurm Blvd.
Tree Fertilization(Granular) $ 92.70 2 $ 185.40
Herbicide Applications $ - 10 $ -
North and south sides of West Central Blvd
W AQUATICS between Southgate Mobile Homes and Oak
Manor Drive-$50.00X12=$600.00;
Manatee Park Ponds-$16.25X12=$195.00;
Water Treatment Plant Ponds-
$6.25X12=$75.00
Aquatic Herbicide Application
$ 298.70 12 $ 3,584.40
X Sandpiper Park Playground(Canaveral
Ballpark)
Turf Applications(Granular/Liquid) $ 61.80 6 $ 370.80
Y RIDGEWOOD AVE
Turf Applications(Granular/Liquid) $ 229.90 6 $ 1,379.40
Ornamental Fertilization(Granular) $ 157.59 2 $ 315.18
Ridgewood Ave.
Tree Fertilization(Granular) $ 92.70 2 $ 185.40
Herbicide Applications $ 159.65 10 $ 1,596.50
Top Choice $ - 1 $ -
Aquatic Herbicide Application $ - 4 $ -
Page 6 of 8
Exhibit"1"
BID TAB SHEET GRAND TOTAL
TURF AREAS I
I $ 12,225.30
TOP CHOICE I
I $ 2,729.50
ORNAMENTALS I
I $ 4,305.54
TREES I
I $ 2,899.46
HERBICIDE APPLICATION I
I $ 19,827.50
AQUATIC APPLICATION I
I $ 3,584.40
FACILITIES PEST CONTROL I
$ 3,924.30
GRAND TOTAL OF CHEMICAL BID AREA $ 49,496.00
Page 7 of 8
Exhibit"1"
VENDOR INFORMATION
COMPANY NAME: Black's Spray Service, Inc
COMPANY REPRESENTATIVE: Carlos Boyer, President
MAILING ADDRESS: 3625 N.Courtenay Pkwy, Merritt Island, FL 32953
OFFICE-321-452-4911
PHONE:
MOBILE-321-794-6096
Page 8 of 8
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 8
Subject: Approve the Fourth Addendum to Professional Services Agreement for Mowing and
Landscaping Services in the amount of $203,249 with SSS Brevard OPCO, LLC dba Down to
Earth — Melbourne and authorize Interim City Manager to execute same.
Department: Public Works Services
Summary: The City and SSS Brevard OPCO, LLC dba Down to Earth — Melbourne (fka Green
Leaf Landscaping & Irrigation) entered into a Professional Services Agreement on August 24,
2015 following an award of the City's "Mowing/Maintenance of City Landscaped Areas,
Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the
Central Ditch". The Agreement between the City and Down to Earth — Melbourne allows for
five (5) one-year extensions.
Starting in May/June of 2019 Green Leaf Landscaping & Irrigation went through a
rebrand/reorganization, and began doing business as Down to Earth — Melbourne. During this
reorganization Down to Earth — Melbourne suffered several growing pains, to include staffing
issues. Those staffing issues resulted in a lower level of service, which was felt throughout the
Community. Staff communicated the City's performance concerns to the Down to Earth —
Melbourne management team, and Down to Earth — Melbourne was able to quickly restore their
reputation, and has been performing well since.
Staff is very pleased with Down to Earth's collective performance since 2015, and their
dedication to the City.
The proposed Fourth Addendum to Professional Services Agreement:
1. Extends the Professional Services Agreement for one (1) year (from October 1, 2019
to September 30, 2020);
2. Revises the Scope of Service to reflect recent changes in the City's needs and
itemized costs as referenced in Exhibit 1;
3. Reflects the decrease of $2,736, resulting in a total contract amount of $203,249 for
FY 2019/20.
Submitting Department Director: Joshua A. Surprenant /0 Date: 10/7/19
Attachment: Fourth Addendum to Professional Services Agreement with Exhibit "1" Mowing
and Landscape Maintenance BID #2019-2020 Tab Sheet (Scope of Service)
Financial Impact: $203,249 for Professional Services Agreement for Mowing and Landscaping
Services with SSS Brevard OPCO, LLC dba Down to Earth — Melbourne funded by City
Depailinents; Staff time and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/7/19
The Interim City Manager recommends that City Council take the following action:
Approve the Fourth Addendum to Professional Services Agreement for Mowing and
Landscaping Services in the amount of $203,249 with SSS Brevard OPCO, LLC dba Down to
Earth — Melbourne and authorize Interim City Manager to execute same.
Approved by Interim City Manager: Mia Goforth Date: 10/7/19
FOURTH ADDENDUM TO
PROFESSIONAL SERVICES AGREEMENT
THIS FOURTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
("Agreement") is made and entered this day of , 2019 by and between the CITY
OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100 Polk
Avenue, Cape Canaveral, Florida, 32920 ("City"), and SSS BREVARD OPCO, LLC DBA DOWN
TO EARTH — MELBOURNE, a Florida corporation, whose principal address is 2800 Allen Hill
Drive, Melbourne, Florida 32940 ("Contractor").
WITNESSETH:
WHEREAS, the City and Contractor previously entered into the August 24, 2015 "Green
Leaf Landscaping & Irrigation Professional Services Agreement" ("Agreement") following an award
of the City's "Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation
Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract to Contractor; and
WHEREAS, a First Addendum to the Agreement, dated October 1, 2016, was entered into by
the parties for the City's 2016/17 fiscal year, a Second Addendum to the Agreement, dated October 1,
2017, was entered into by the parties for the City's 2017/18 fiscal year and terminated on September
30, 2018, and a Third Addendum to the Agreement, dated October 1, 2018, was entered into by the
parties for the City's 2018/19 fiscal year and terminated on September 30, 2019; and
WHEREAS, Green Leaf Landscaping & Irrigation now does business as Down to Earth —
Melbourne; and
WHEREAS, the parties mutually desire to enter into a Fourth Addendum to the Agreement
and extend the term of the Agreement as set forth herein; and
WHEREAS, this Fourth 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:
SECTION 1— RECITALS
The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by
this reference.
Fourth Addendum to Professional Services Agreement
City of Cape Canaveral / Down to Earth — Melbourne
Page 1 of 3
SECTION 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, 2019 and terminating on September 30, 2020.
SECTION 3 — SCOPE OF SERVICE
Contractor shall do, perform, deliver and carry out, in a professional manner, the types of services as
set forth in Exhibit "1" Scope of Service, attached hereto and fully incorporated herein by this
reference.
SECTION 4 — PAYMENT OF CONTRACTOR
The City shall pay to Contractor $203,249 for the mowing and maintenance of the certain
landscaped areas of the City as described in Section 3, Scope of Service, and Exhibit "1" of this
Fourth Addendum. 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 shall be reviewed and approved
by the Agreement Administrator, indicating that the services being invoiced are in conformity with
the Agreement. The invoices shall be sent to the Finance Depaitinent for payment. Payments shall
be processed consistent with the Florida Local Government Prompt Payment Act.
SECTION 5 — 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:
Joshua A. Surprenant
Public Works Services Director
City of Cape Canaveral
PO Box 326
Cape Canaveral, Florida 32920
And if sent to the Contractor, shall be mailed to:
Alan Jaffa
Down to Earth — Melbourne
2800 Allen Hill Drive
Melbourne, FL 32940
Copy to:
City Manager
City of Cape Canaveral
PO Box 326
Cape Canaveral, Florida 32920
Fourth Addendum to Professional Services Agreement
City of Cape Canaveral / Down to Earth — Melbourne
Page 2 of 3
SECTION 6 — OTHER PROVISIONS
Any other term or provision of the Agreement and the First, Second and Third Addendum not
expressly modified by this Fourth Addendum shall remain in full force and effect. The Agreement
as amended by the First, Second, Third and Fourth Addendum shall also collectively be referred
to as the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Twelfth Addendum as
of the day and year first above written.
Attest:
By:
City Clerk
WITNESSES:
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
By:
City Manager
CONTRACTOR:
SSS Brevard OPCO, LLC dba
Down To Earth — Melbourne
a Florida corporation.
By:
Print Name: Print Name:
Title:
Print Name:
Fourth Addendum to Professional Services Agreement
City of Cape Canaveral / Down to Earth — Melbourne
Page 3 of 3
Exhibit"1" Bid Tab Sheet-Down to Earth FY19-20
City of Cape Canaveral
Mowing and Landscape Maintenance
BID #2019-2020 TAB SHEET
BID AREA I TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
City Hall,Cape Center, BCSO,Canaveral City Hall-100 Polk Ave.
A Fire and Rescue,Community and
Economic Development, Library BCSO Precinct-111 Polk Ave.
Mowing Operations $ 80.00 44 $ 3,520.00 Canaveral Fire and Rescue-
Hedge Trimming $ 1,104.00 $ 13,248.00 190 Jackson Ave.
Weed Spraying $ 368.00 6 $ 2,208.00 Cape Center-105 Polk Ave.
Palm Trimming(57-([45 IM; 12 Lib]) $ 530.00 1 $ 530.00 Library-201 Polk Ave.
B Recreation Complex
Mowing Operations $ 85.00 44 $ 3,740.00 7300 N.Atlantic Ave.(SR A1A)
Hedge Trimming $ 280.00 12 $ 3,360.00
Palm Trimming(20) $ 200.00 1 $ 200.00
C Xeriscape Park
South Side of Cape Center
Mowing Operations $ 40.00 44 $ 1,760.00 (105 Polk Ave.)between Polk and
Hedge Trimming $ 45.00 12 $ 540.00 Taylor Avenues
Palm Trimming(4) $ 40.00 1 $ 40.00
D Veteran's Memorial Park
Mowing Operations $ 45.00 44 $ 1,980.00 Adjacent to Library
Hedge Trimming $ 30.00 12 $ 360.00 (201 Polk Ave.)
Palm Trimming(6) $ 60.00 1 $ 60.00
Page 1 of 9 Corrected Palm Cell Numbers 1G
Exhibit"1" Bid Tab Sheet-Down to Earth FY19-20
City of Cape Canaveral
Mowing and Landscape Maintenance
BID #2019-2020 TAB SHEET
BID AREA I (Continued) TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
E Bennix Park
Washington Ave. north side
Mowing Operations $ 60.00 44 $ 2,640.00 (Between Poinsetta Ave.and
Hedge Trimming $ 120.00 12 $ 1,440.00 Rosalind Ave.)
Palm Trimming(30) $ 300.00 1 $ 300.00
F Canaveral&Canaveral Beach Blvds.
(Medians Only)
Mowing Operations $ 110.00 44 $ 4,840.00
Hedge Trimming $ 150.00 12 $ 1,800.00
Palm Trimming(98) $ 980.00 1 $ 980.00
East Central.
G (Medians Only)
and West Central
(Medians and Tree Lines)
Mowing Operations $ 220.00 44 $ 9,680.00
Hedge Trimming $ 75.00 12 $ 900.00
Palm Trimming(106) $ 1,060.00 1 $ 1,060.00
H Cape View Elementary Tree Line and
Kindergarten Cape View Elementary School
Mowing Operations $ 40.00 44 $ 1,760.00 (8840 Rosalind Ave.)
Palm Trimming(17) $ 170.00 1 $ 170.00
Page 2 of 9 Corrected Palm Cell Numbers 1G
Exhibit"1" Bid Tab Sheet-Down to Earth FY19-20
City of Cape Canaveral
Mowing and Landscape Maintenance
BID #2019-2020 TAB SHEET
BID AREA I (Continued) TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
Harbor Heights
'Medians Only)
Mowing Operations $ 25.00 44 $ 1,100.00 Harbor Dr.
Hedge Trimming $ 35.00 12 $ 420.00 (Off N.Atlantic Ave.)
Palm Trimming(4) $ 40.00 1 $ 40.00
J N.Atlantic Ave.
SR A1A/N.Atlantic to Welcome Sign
Mowing Operations $ 65.00 44 $ 2,860.00 N end of N Atlantic by Port
Hedge Trimming $ 155.00 12 $ 1,860.00
K Canaveral City Park and Ball Park
Mowing Operations $ 270.00 44 $ 11,880.00
Infield Mowing $ 45.00 88 $ 3,960.00 7920 Orange Ave.
Hedge Trimming $ 40.00 12 $ 480.00
Palm Trimming(144) $ 1,440.00 1 $ 1,440.00
Aeration,Top Dressing,and Verticutting $ 2,300.00 1 $ 2,300.00
L Center Street Park and Streetscape
Mowing Operations $ 35.00 44 $ 1,540.00 West End of Center St.
Hedge Trimming $ 25.00 12 $ 300.00 (Off N.Atlantic Ave.)
Palm Trimming(19) $ 190.00 1 $ 190.00
M South City Entrance Sign
SR A1A
Mowing Operations $ 20.00 44 $ 880.00 (North east corner including palm
Hedge Trimming $ 20.00 12 $ 240.00 tree area parallel to Grant Ave.)
Palm Trimming(9) $ 90.00 1 $ 90.00
Page 3 of 9 Corrected Palm Cell Numbers 1G
Exhibit"1" Bid Tab Sheet-Down to Earth FY19-20
City of Cape Canaveral
Mowing and Landscape Maintenance
BID #2019-2020 TAB SHEET
BID AREA I (Continued) TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
N SR A1A Landscaped Easement Areas Christ Lutheran Church-7511 N.
Atlantic Ave.
Center St.-7077 N.Atlantic Ave.(two
Mowing Operations areas north and south of Center St.
$ 100.00 44 $ 4,400.00 on SR A1A)
Area immediately north of 6395 N.
Hedge Trimming Atlantic Ave.and south of Cape
$ 55.00 12 $ 660.00 Shores Dr.South
Palm Trimming(35) $ 350.00 1 $ 350.00 6121 N.Atlantic Ave.
O Patriots Park
East End of Longpoint Rd.
Mowing Operations $ 45.00 44 $ 1,980.00 (West Side of N.Atlantic Ave.)
Palm Trimming(21) $ 210.00 1 $ 210.00
P Columbia Drive(Medians Only)
Mowing Operations $ 75.00 44 $ 3,300.00 Medians Only
Hedge Trimming $ 81.00 12 $ 972.00
Palm Trimming(9) $ 90.00 1 $ 90.00
Q Thurm Boulevard(Medians Only)
Mowing Operations $ 55.00 44 $ 2,420.00 Medians Only
Hedge Trimming $ 40.00 12 $ 480.00
Palm Trimming(14) $ 140.00 1 $ 140.00
Page 4 of 9 Corrected Palm Cell Numbers 1 G
Exhibit"1" Bid Tab Sheet-Down to Earth FY19-20
City of Cape Canaveral
Mowing and Landscape Maintenance
BID #2019-2020 TAB SHEET
BID AREA I (Continued) TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
R Manatee Park
701 Thurm Blvd.(Park is located on
Mowing Operations $ 240.00 44 $ 10,560.00 river just north of Water Reclamation
Palm Trimming(238) $ 2,380.00 1 $ 2,380.00 Plant)
Edging of Exercise Trail $ 100.00 12 $ 1,200.00
S Banana River Park 901 Puerto Del Rio Dr.Soccer Field
Mowing Operations $ 80.50 44 $ 3,542.00 and Park area including Canoe
Palm Trimming(38) $ 380.00 1 $ 380.00 Launch area
T North City Entrance Sign A1A
Mowing Operations $ 25.00 44 $ 1,100.00 North end of Cape Canaveral on west
Hedge Trimming $ 38.00 12 $ 456.00 side of Astronaut Blvd.
Palm Trimming(6) $ 60.00 1 $ 60.00
U N.Atlantic Ave. Entrance Sign North end of Cape Canaveral on west
Mowing Operations $ 25.00 44 $ 1,100.00 side of N.Atlantic Ave.by Port
14 entrance
Palm Trimming( ) $ 140.00 1 $ 140.00
✓ Ridgewood Ave.
Redevelopment project running
Mowing Operations $ 300.00 44 $ 13,200.00 parallel to oceanfront from
Hedge Trimming $ 150.00 12 $ 1,800.00 East Central to Johnson Ave.
Palm Trimming(106) $ 1,060.00 1 $ 1,060.00
Page 5 of 9 Corrected Palm Cell Numbers 1G
Exhibit"1" Bid Tab Sheet-Down to Earth FY19-20
City of Cape Canaveral
Mowing and Landscape Maintenance
BID #2019-2020 TAB SHEET
BID AREA II TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
RIGHTS-OF-WAY
A N.Atlantic Ave. North entrance sign to landscaped
Mowing Operations $ 250.00 44 $ 11,000.00 triangle area(undeveloped areas
61 only)
Palm Trimming( ) $ 610.00 1 $ 610.00
B East Central Blvd-From N.Atlantic East
to Ridgewood Ave.
Mowing Operations $ 200.00 24 $ 4,800.00 (Undeveloped areas only)
Palm Trimming(60) $ 600.00 1 $ 600.00
C West Central Blvd.-From Thurm Blvd
East to N.Atlantic Ave.
Mowing Operations $ 45.00 24 $ 1,080.00 (Undeveloped areas only)
Palm Trimming(39) $ 390.00 1 $ 390.00
D Beach End Streets(Harbor Heights to
Johnson Ave.)
Mowing Operations $ 30.00 24 $ 720.00
E Harbor Heights/Harbor Dr.Stormwater
Retention Harbor Dr.(Off N.Atlantic Ave.)
MowingOperations Culdesac area at the end
p $ 45.00 24 $ 1,080.00
F Oak Lane
Mowing Operations $ 45.00 24 $ 1,080.00
G SR A1A East side and west side
Mowing Operations $ 110.00 24 $ 2,640.00 (undeveloped areas only)
H Thurm Blvd. From SR A1A on east side to West
Central Blvd on the north side.(To
Mowing Operations $ 220.00 I 24 $ 5,280.00 the wall of the Discovery Bay
Palm Trimming(32) $ 320.00 1 $ 320.00 Development)
Page 6 of 9 Corrected Palm Cell Numbers 1G
Exhibit"1" Bid Tab Sheet-Down to Earth FY19-20
City of Cape Canaveral
Mowing and Landscape Maintenance
BID #2019-2020 TAB SHEET
BID AREA II(Continued) TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
RIGHTS-OF-WAY
I Jefferson/Poinsettia Ave.
Right-of-way along undeveloped lot.
Mowing Operations $ 15.00 24 $ 360.00
J Washington/Poinsettia Ave.
Right-of-way along undeveloped lot.
Mowing Operations $ 15.00 24 $ 360.00
K Madison/Magnolia Ave.
Right-of-way along undeveloped lot.
Mowing Operations $ 12.00 24 $ 288.00
L Buchanan/Orange Ave.
Right-of-way along undeveloped lot.
Mowing Operations $ 12.00 24 $ 288.00
M Canaveral Blvd Right-of-way on the north side of
Canaveral Blvd in front of the gated
Mowing Operations $ 18.00 24 $ 432.00 development.
Page 7 of 9 Corrected Palm Cell Numbers 1G
Exhibit"1" Bid Tab Sheet-Down to Earth FY19-20
City of Cape Canaveral
Mowing and Landscape Maintenance
BID #2019-2020 TAB SHEET
WATER RECLAMATION PLANT AND LIFT UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES
STATIONS YEAR
A Water Reclamation Plant
601 Thurm Blvd.
Mowing Operations $ 350.00 44 $ 15,400.00
B Lift Stations See attached list and map for
Mowing Operations $ 120.00 44 $ 5,280.00 locations.
BID AREA IV Ur
UNIT COST TIMES PER TOTAL COST
MOWING/SLOPE MOWING OF CENTRAL YEAR LOCATION: North and South of West
DITCH AND OTHER AREAS Central Blvd.from Port to SR A1A.
A Central Ditch
Mowing Operations $ 600.00 12 $ 7,200.00
B Stormwater Pond-Manatee Park
LOCATION: 701 Thurm Blvd.
Mowing Operations $ 75.00 42 $ 3,150.00
C Stormwater Ponds-Plant
Mowing Operations $ 45.00 42 $ 1,890.00 LOCATION: 601 Thurm Blvd.
D Stormwater Easement
LOCATION: 8893 N.Atlantic
Mowing Operations $ 325.00 1 $ 325.00
Page 8 of 9 Corrected Palm Cell Numbers 1G
Exhibit"1" Bid Tab Sheet-Down to Earth FY19-20
City of Cape Canaveral
Mowing and Landscape Maintenance
BID #2019-2020 TAB SHEET
BID #2015-09 TAB SHEET GRAND TOTAL
BID AREA I - LANDSCAPED AREAS
$ 138,676.00
BID AREA II - RIGHTS-OF-WAY
$ 31,328.00 I
BID AREA III -WATER RECLAMATION PLANT AND LIFT STATIONS
$ 20,680.00I
BID AREA IV- MOWING/SLOPE MOWING OF CENTRAL DITCH
AND OTHER AREAS
$ 12,565.00
GRAND TOTAL OF BID AREAS I, II, III AND IV
$ 203,249.00
VENDOR INFORMATION NOTES:
COMPANY NAME: Down to Earth
COMPANY REPRESENTATIVE:Travis Anderson
MAILING ADDRESS:2800 Allen Hill Ave.Melbourne, FI.32940
OFFICE-321-242-1180
PHONE:
MOBILE-321-890-5662
Page 9 of 9 Corrected Palm Cell Numbers 1G
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 9
Subject: Request to postpone the second reading of Ordinance No. 15-2019; establishing
Public/Recreation and Conservation Zoning Districts; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date. (postponed on September 17, 2019)
Department: City Clerk's Office
Summary: At its September 17, 2019 Regular Meeting, City Council voted 5-0 to postpone
Agenda Item 8 - Ordinance No. 15-2019; establishing Public/Recreation and Conservation
Zoning Districts; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, second reading.
The postponement was requested to allow City Staff and City Attorney an opportunity to address
several items that were raised by the Council at the September 17, 2019 Regular Meeting.
However, as of the October agenda deadline, the requested revisions have not been finalized.
To preserve the September 17, 2019 advertisement, it is requested that the Council postpone
second reading until the November 19, 2019 Regular Meeting.
Submitting Department Director: Daniel LeFever Date: 10/4/19
Attachment: None
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 10
Subject: Resolution No. 2019-13; certifying a Right -of -Way and Maintenance Map of Oak
Lane located within the jurisdictional limits of the City of Cape Canaveral, Florida; providing
for the filing of the Map in the Office of Clerk of the Circuit Court of Brevard County pursuant
to Section 95.361, Florida Statutes; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (tabled on September 17, 2019)
Item must be removed from table by majority vote before considering Item for discussion.
Department: City Clerk's Office
Summary: At its September 17, 2019 Regular Meeting, City Council voted 4-1 to table Agenda
Item 2 - Resolution No. 2019-13; certifying a Right -of -Way and Maintenance Map of Oak Lane
located within the jurisdictional limits of the City of Cape Canaveral, Florida; providing for the
filing of the Map in the Office of Clerk of the Circuit Court of Brevard County pursuant to
Section 95.361, Florida Statutes; providing for the repeal of prior inconsistent resolutions,
severability and an effective date.
City Attorney Anthony Garganese, who serves as Parliamentarian at all City Council meetings
(City Code Sec. 2-127), recommends:
1. The City Council must remove the Item from the table by majority vote before
any discussion on the Item takes place.
2. If the Item is not removed from the table, it will not be considered by Council.
3. If the Item is removed from the table, discussion on the Item will occur and
Council can provide direction it deems appropriate.
Submitting Department Director: Daniel LeFever Date:10/4/19
Attachment: Copy of the original Agenda Item 2 from the Regular City Council Meeting on
Tuesday, September 17, 2019 - Resolution No. 2019-13; certifying a Right -of -Way and
Maintenance Map of Oak Lane located within the jurisdictional limits of the City of Cape
Canaveral, Florida; providing for the filing of the Map in the Office of Clerk of the Circuit Court
of Brevard County pursuant to Section 95.361, Florida Statutes; providing for the repeal of prior
inconsistent resolutions, severability and an effective date.
ATTACHMENT
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/17/2019
Item No. 2
Subject: Resolution No. 2019-13; certifying a Right -of -Way and Maintenance Map of Oak
Lane located within the jurisdictional limits of the City of Cape Canaveral, Florida; providing
for the filing of the Map in the Office of Clerk of the Circuit Court of Brevard County pursuant
to Section 95.361, Florida Statutes; providing for the repeal of prior inconsistent resolutions,
severability and an effective date.
Department: Community Development
Summary: As far as the City can determine, Oak Lane first appeared in the unrecorded plat of
Jewell Properties, Inc., dated June 15, 1956. The City was incorporated in 1963. Pursuant to
City of Cape Canaveral Resolution No. 77-39, the City Council previously applied to Brevard
County in 1977 for conveyance of that certain land commonly known as Oak Lane. Thereafter,
a substantial portion of Oak Lane was conveyed to the City by Brevard County in 1977 by
County Deed recorded in Brevard County Official Records Book 1832 at page 429. The portion
of Oak Lane conveyed to the City by Brevard County, and the remaining portion of Oak Lane
connecting the former County portion to N. Atlantic Avenue, have been regularly maintained or
repaired continuously and uninterruptedly by the City for approximately more than four decades
as an unpaved public road.
As more fully explained in the Agenda Item for the proposed Ordinance No. 17-2019, due
primarily to the current unpaved status of Oak Lane and competing surveys related to several
single-family homes constructed in 2014/2015 on lots abutting the southern boundary of Oak
Lane, the location of the Oak Lane Right -of -Way was being questioned by some of the property
owners including whether the four (4) single-family homes constructed by Sheropa, LLC. are in
compliance with the minimum 25-foot front -yard setback requirement under the City Code. As
a result, on September 4, 2018, the City engaged Campbell Surveying, LLC. to prepare a Map
of Survey to, among other things, establish the legal description for the Oak Lane Right -of -Way
and to install survey markers evidencing the location of the right-of-way, and to identify private
improvements existing within the right-of-way. In addition, Campbell Surveying, LLC. also
prepared a Right -of -Way and Maintenance Map of Oak Lane suitable for recording with the
Clerk of Court of Brevard County in accordance with law. (Attachment 1, Exhibit A). The
Right -of -Way and Maintenance Map and Map of Survey have identical legal descriptions for
Oak Lane, but serve different purposes.
A draft of the Map of Survey was provided to all property owners abutting Oak Lane. City staff
noticed and conducted a community meeting on May 15, 2019, with the property owners with
surveyor John Campbell to discuss the Map of Survey. City staff received verbal and written
comments from property owners regarding the proposed legal description for Oak Lane. After
the meeting, adjustments to the Oak Lane survey and legal description were made by the
Campbell Surveying, LLC. to address the comments pertaining to the boundaries of Oak Lane,
primarily regarding the width of Oak Lane commencing at the northwest corner and the northern
boundary of Oak Lane.
Section 95.361, Florida Statutes authorizes the state, counties and municipalities to certify and
record right-of-way maps with the clerk of the circuit court when public roads are regularly
maintained or repaired continuously and uninterruptedly by the applicable government agency
for a statutory minimum number of years of 4 (four) or 7 (seven) years. The recording of the
City Council Meeting
Date: 9/17/2019
Item No. 2
Page 2 of 2
map notes for the public record the location of the roadway in question and that all right, title,
easement and appurtenances to roadway are vested in the government agency certifying and
recording the map. The recording of a right-of-way map is intended to provide the government
in question and the public certainty as to the location and right, title easement and appurtenances
to public roads.
Under the aforementioned circumstances, City staff is recommending that the City Council
adopt Resolution No. 2019-13 certifying and recording the Right -of -Way & Maintenance Map
of Oak Lane with the Brevard County Clerk of the Circuit Court.
This item was originally scheduled to be heard at the Regular City Council Meeting of Tuesday,
September 3, 2019 but was cancelled on September 2, 2019 due to the projected impacts of
Hurricane Dorian.
Submitting Department artment Director: David Dickey Date: 9/10/19
Y
Attachment:
Resolution No. 2019-13 including Exhibit A (Right -of -Way and Maintenance Map of Oak Lane)
Financial Impact: Staff time to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/10/19
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2019-13.
Approved by City Manager: David L. Greene Date: 9/10/19
RESOLUTION NO. 2019-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
CERTIFYING A RIGHT-OF-WAY AND MAINTENANCE
MAP OF OAK LANE LOCATED WITHIN THE
JURISDICTIONAL LIMITS OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR THE FILING
OF THE MAP IN THE OFFICE OF CLERK OF THE
CIRCUIT COURT OF BREVARD COUNTY PURSUANT TO
SECTION 95.361, FLORIDA STATUTES; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Oak Lane is a City public road located within the jurisdictional limits of the
City of Cape Canaveral, Florida; and
WHEREAS, Oak Lane is one of two (2) remaining unpaved City public roads located
within the City of Cape Canaveral; and
WHEREAS, a substantial portion of Oak Lane was conveyed to the City by
Brevard County in 1977 by County Deed recorded in Brevard County Official Records Book
1832 at Page 429, and that portion and the remaining portion of Oak Lane have regularly been
maintained or repaired continuously and uninterruptedly by the City for decades, and all right,
title, easement and appurtenances to Oak Lane herein described vested in the City of
Cape Canaveral, in accordance with provisions of Section 95.361, Florida Statutes, or by
other lawful means of acquisition including by County Deed; and
WHEREAS, the City Council hereby finds that it is in the best interests of the public
health, safety and welfare to certify and record the Right -of -Way and Maintenance Map of Oak
Lane described herein and to declare of record said road to be a dedicated public road; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida:
Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2. Certification of Map; Execution of Certificate of Approval. The City Council
of the City of Cape Canaveral hereby certifies the Right -of -Way and Maintenance Map of Oak
Lane prepared by Campbell Surveying, LLC, as attached hereto and incorporated herein by this
reference as Exhibit "A." The Mayor and City Clerk are hereby authorized to complete and
execute the Certificate of Approval by the City Council of Cape Canaveral set forth on the Right -
of -Way and Maintenance Map.
City of Cape Canaveral
Resolution 2019-13
Page 1 of 2
Section 3. Recording of Map and Resolution. Upon completion and execution of the
Certificate of Approval referenced in Section 2 herein, the City Clerk is hereby instructed to
record the Right -of -Way and Maintenance Map in the office of clerk of the Circuit Court in
Brevard County in accordance with Section 95.361(3), Florida Statutes. In addition, a copy of
this Resolution shall also be recorded in the Official Records of Brevard County, Florida.
Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. 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 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this
17th day of September 2019.
ATTEST:
Mia Goforth, CMC
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
City of Cape Canaveral
Resolution 2019-13
Page 2 of 2
RIGHT OF WAY & MAINTENANCE MAP
11 Ar,CCWONMSMHEFRC2IALVLHDIG'N'OEW" E"T
OCCUPIES CORNER POSITION. CORNER MATHEMATICALLY
F2E-ESTABLISHED FROM DOCUMENTS OF RECORDS LISTED.
CCR#0015013, CCR#0018708 CCR#0034963 ALSO FROM TIES FROM
O.R.B. 2615. PAGE 860,0TE, THIS CORNER IS ACCEPTED BY
COMMON REPORT AS NOTED IN CCR# 0015015.
2.. IRON PIPE
NORTHWEST CORNER OF LOT
A TUTEN'S SUBDIVISION
PLAT BOOK I, PAGE 22
LOCATION FROM PREVIOUS
SURVEY
I/2” IRON ROD 8, ILL EPGRIDBPLRE'CIAN.P
ON SECTION LINE. LOCATION
I FROM PREVIOUS SURVEY
I 1/2'. IRON PIPE
SOUTHVVEST CORNER OF THE NORTH
165 FEET OF LOT A TUTEN'S
SUBDIVISION PLAT BOOK I, PAGE 22.
LOCATION FROM PREVIOUS SURVEY
LOT A
LOT B
SOUTHVVEST CORNER OF THE NORTH TUTEWS SUBDIVISION
66 FEET OF LOT B TUTEN'S PLAT BOOK I, PAGE 22
SUBDIVISION PLAT BOOK I, PAGE 22.
FOUND 84.' IRON ROD 8, CAP LB 6700
PSM 4301 2.0, EAST, ON LINE.
,LOCATION FROM PREVIOUS SURVEY
11.1;;;ES';')/4 CORNER SECTION 14, TOWNSHIP 24 SOUTH,
RANGE 57 EsAST. NO CORNER FOUND OR SET. Lo,
SEE CCR#001477
LOT 2
AKERSFIELD
PLAT BOOK 48, PAGE 34
ORB 762, PAGE, 200
L 2
LOT 1
LOT 20
LOT
LOT 18
OAK LANE
CITY OF CAPE CANAVERAL, FLORIDA
LOT 1V
L 6
SW CORNER OF SECTION 14, TOVUNSHIP 24 SOUTH, RANGE 37 EAST
RECOVERED NAIL 8, DISK GEDDA, LB6556. POSITION PER FDOT
1;10G0PITo_'1)5F16T CCIZIt'4T8°110- L'INAOPT F, TSHTI TPEO FST BG1'; 11 CON' ° N
0 SURVEYOR'S A TITLE REPORT A NOTES»
SURVEYORS NOTES CONCERNING TITLE REPORT
SUBDIVISION. There are...how,
MAINTAINED RIGHT OF WAY. This Easement is shown on the survey and is noted exception #9
3. Item 10 deals with a blanket Easement given to Florida Power and Light Company recorded in Deed Book 3962t
MAINTAINED RIGHT OF WAY and all of [Leland con,.ed to the City ofCape Canaver5ltromBrevard
County by deed recorded in 01031832 at Ng,. 429. This ,5sernent shown on the s50,as ,..ceptior: 10.
4. ner" 11 7:: 1 Qf"rP"'Ie rehe'ori'd7d1"nerdhrr4t0=5Cg're7Pfle Cr7d"raayl"=" tl e
est= nd fi=tr:dr TeXec'ept „ 11r r "
5. 1..12 05. in,s-esress Ease...given to Floyd 55d yrnond jarnies.5n by deed recorded OR133195t
deed recorded in ORB 183, Page 429. Ms..... shown.the Survey and is noted. er,,,tion 12.
10. 1.5,17 is a 20foet wide utility easement recerded in ORB 4429 atPage 2659 and re recorded in 01034409 at
easement touches the property in question 51, its ...Western Boundary. This Easement is used for both
12. 1..20 deals with a 5 foot city 51,55Water E5sement recorded 4,0.37432 at Page 720. This ....I is
N"T21:31 1-LNi j,r1E3\12S0 (UP)D V P11-2-F0 80°7°K,D) P"E 22
NORTH LINE OF THE SOUTH 165 FEET OF LOT,AETUTEN S SUBDIVISION, PLAT BO 1
N'"1-518'67 (Or, DEED 395 re'ALD'I' Z3173,4'7, O'r L.
PoTsc,L,A.'°2
LOT 15 LOT 14 LOT 13 LOT 12
BCOOPK° E4NOS, T4 '5'
<< THE UNDERGROND UTILITY I NFORMAT ION »
As shown here., basecl, part up. lam..., furnished!,
sizes P size s are
0 LEGEND A SYMBOLS >>
• Set 5/8"iron rebar with cap
marked PLS 2351 / LB 7978
• 0.TP.FoundOpen TopPipe
•
• Nail &Disk Control Point
PLS 2351 / LB 7978
•
Set 4,1"concrete monument
PRM PLS 2351 / LB 7978
with Bras s disk marked with
SPeLT 3'1;1' /t 771 8'
• Found nail d disk
No klenhfication
• Sanitary Manhole
• Storm Manhole
• Telephone Manhole
te M.. Meter
m e Valve
EH. Fite Hydrant
,YOY' Wood Powe r Pole
Light Pole
r="8—
=
LOT ,
LOT 10
LOT 8 LOT V
rNSur, 'LYN°,
PARCEL A 03
.T 6
SOUTH LINE OF LOT B, TUTEN1S SUBDIVISION, PLAT BOOK 1 PAGE 22
20 CHAINS OR 1320' (P)
0 LEGAL A DESCRIPTION »
LOT 5
LOT 4
goRKDTBs vp'A'a 72\1E
Resolution No. 2019-13
PARCEL A.05
C ITY OF CAPE C ANAVERAL OAK L ANE RIGHTOF W L EGAL D ESCRIPTIONAS REPAREDBY URVEYOR:
A portion of Lot Ain TUTENSSUBDIVISIOIV, according to the plat thereof recorded in PlatBook 1 atPage 22 of the NblicRecords ol&evardCounty, Florida, thesame being all of the lands transferred byBrevar d County to the City
ofC, Canaveral by- deed recorded in OfiScial Records Boo lc 1852 atPage 429 of the Publi c Records of Brevard County, togethe with, portion of Oak Ltme that ha s continuous' y and y bee yy and presently being
maintained by the City ofCape Canaveral that lie s East of the East line of sal d Official Records Book 1832 atPage 429 and Westof the West right,- way line of Nor th Atlantic Avenue AKA STATE ROAD 401 ( 60 foot wide roadway)The
To Wit.
Commence at the intersection of the West Right of Way line of STATEROAD 401 with theNorth IThe ofthe South 165 feetof LotA of said TUTENS SUBDIVISION said point is witnessed by a 2 inch iron pipe,. thence runS 060
point heir, the Point ofBeginnin g of the follow, g described right of wtyy for OAK LAN, thence continueS 0605501"W along the Wes t right of w yline ofSTATEROAD401 for 50.35 feet to a point°. theSouth line that certain
with a 4 inch square d concrete monument with brass disc #PLS 2351; thence leaving the West right ofyuy line of STATE ROAD401 run N8905755"Wqlong theSouth line of the aforesaid ingress -egress easementand along the Southerly
limits of the are a maintained by the Cit yof CapeCanaveral for 13035 feet to a poinC said point bet. g marked with a StainlessSteel Nail and Disk set in drill hol e marked P.R.M# PLS 2351; thence run N 7403800"W continu,l, the
1832 at,e429 of the Public Records ofBrevard Comyty, Flofida, said pointbeing marked with a 4 inch square conci-etemoimment.th bmssth,c#11,S2351;thence run N 8905755"W along of theSouth line of the lands described in
aforesaid Official Records book 1832 at Page 429 for 434.95 feet to the Northyvest comer of the lands described in Official Records Book 5282 atPage 1102 of the Public Records ofBrevard County; thence run S 01.'3112"E along the West
line of said Official Records Book 5282 at Page 1102 for 16.50 feet tothe point of intersection with the Sou( h lined that part of OAK LANE that has been maintained bythe yofCape Canaveral, said point is marked with a 4 inch square
concrete monument with brass disc #2351; thcmce run N 8905755"W for 94.05 feet to a point on theEast line of the West440 feet of LotA and LotB of the aforesaid plat of TUTENS SUBDIVISION said point is marked with a 4 inch
square concrete monument with brass disc#2351; thence run N 01031'12"W along the Eastline of the West440 feet of said Lots A and LotB for 66,50 feet to a poirg said,. is marked with a 4 inch square inch concrete monument with
brass disc#2351; thence runs S 89,05755"E ak, the North line of the lands describe d Official Records Boa k 1832 al, g e429 16,58735 feet to a point marked with, 4 inc h square concrete monument with brass di s c#2351, said
point es on the most.. y line of the conveyance from Brevar d County to the Cityof Ca, Canaveral described in Official Records Book 1832 atP, 42, thence run S 01031'12"E atm, g said East line for 15.50 kelt a point,
intersection with that partof OAK LANE that has been maintained by the Cityof Cap eCanaveralt Thence run S 8905752"E along said Maintained line of 13540 feet to the Point ofBeginning.
Exhibit "A"
°
LOT 2
LOT 1
Esn°,,NN'114 .g`r Tc E,L,spna.
A SITE >>9901A— ( ..k.'_
' • \ _.._ '
Iromilim:ri
; .•-.1 '' -
,,,.,...1
\
L-4,1. i'l,.........
V
0 LOCATION A MAP >>
D„PD'IX.,°rZG2:',45
L-4t, SE CORNER F THE SW 1 /4 OF THE
IN /4 SECTION 14, TOWNSHIP 24
so, y
IVOUTCHOOR'FaTNEIR' SET
0 EASEMENT'S A LEGEND >>
K,42W/1
F PB;1?' Bi= ET
. 9911,
,SEMENT
, - 9
F
0 SURVEYOR'S A REPORT >>
hereon.
6.BearingsarebasedonDeedofrecordreferencedto S8,57'5 V' E along
North property line.
0 EXPLANATION OF ABBREVIATIONS »
'mme"em"t ntic if',isruirdi"'n" NA'D. 11\i'F'.XAALTupsEiT'.
CD CHORDDISTANCE
r9Z, PIrs:;edVil7cge . KNIC, S
m-sum—t°nPlat PI'Ll E. PZUtility Easement FFE FINISHFLOOR cAppwiRoNizoi,
Measurmenthempeed PUED.E. PublicUtilityEasemmit CB CifoRDBET)LE,, D E DR.AGEE EmEmT “C' I'leasunv8r.akala.d .c. co„crete CBS' ),I,'tME ELEV. ELEVATION OIL. Paficeial RenordBook E3P. Edged Pavement
L ARcLENGTH
R RAivus
Y
ATE
: Wre,',.TrryLine
Ilkjighar177"'
= Pro
P- CTilleerIcin 'Line
Top of Bank ofPoncl,Swale or Ditch
- Taiefangg'Swak' Ditch
of
to [on
50
<< SCALE A 1" =50 >>
0 25 50
200
CERTIFICATEOFAPPROVALBYTHECITYCOUNCILOFTHECITYOFCAPE
CANAVERAL
!HEREBY CERTIFY that., the foregoing 1,:ght of Way&Maintenance Map
was approvedby the Cit yCouncil of the Cit yof Ca, Canaveral, Bmva County Florida, .d the CITY
HEREBY FURTHERN CERTIFIES that a j.,rtion of said right of way is vested in the ofCape Canavrem 1 by
virtue of a CountyDeed recorded in Official Record Book 183, Page 429 of public records of Brevard
inaccordance withSection 95.361.17orida Statutes,
Mayor:
Attest:
CERTIFICATE OF CLERK
I HEREBY CERTIFY: thatlhaveexaminedtheforgoing Right of Way&Maintemmce Map and find thatitcomplies
informwithallof the recpMementsofChapter 177, Part 1, Florida Statutes, aritl was filed for record on
File No
SIGNED:
Scott Ellis, Clerkof the Circuit Court,
In and for Breyard County,Florida
CERTIFICATE OFSURVEYOR
KNOW ALL MENBY THESE PRESENTS that the undersigned bein g a licensed and registered Land Surveyor, does
con,lies va the requirements of section 472.027 Florida Statutes and 177 Pa, 1, Florida Statut s ,as amended
ay, that said Ian s are located in Brevard Coy, Dodd,
foh n R. Campbell Surveying LIC
115 Alm a Bout,. Suite 102
Memittislan, 32953
Certificateof Authorization No. LB 7879
LICENSED B USINESS # 79 78
115 Alma Blvd.,Suite 102 / Address:P.O.Box541866
Merri tIsland, EL 32954 Phon (321)514.6920
SPECIFIC PURPOSE SURVEY
L CA, FL 32,20
D ZE:f2T0118°2F9L„V
CHFCICEDB,R.0 AALPBElf
D.2411/NBK E.L. HALE
P REPARED FOR .0 CERTIFIED TO:
C ITY OF
CAPE CANAVERAL
DATE 2/25.19
R mislays
DATE
4/10/19
PROJECT No. .2018-290
CRP.,
SECTION 14
T GUNSHIP SOUTH
R ANGE 37 EAST
6/20/19
Revise Right of Way Boundar y per CityComments
6/28/19
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 11
Subject: Ordinance No. 17-2019; amending the Supplementary Zoning District regulations
regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading. (tabled on
September 17, 2019)
Item must be removed from table by majority vote before considering Item for discussion.
Department: City Clerk's Office
Summary: At its September 17, 2019 Regular Meeting, City Council voted 4-1 to table Agenda
Item 10 - Ordinance No. 17-2019; amending the Supplementary Zoning District regulations
regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading.
City Attorney Anthony Garganese, who serves as Parliamentarian at all City Council meetings
(City Code Sec. 2-127), recommends:
1. The City Council must remove the Item from the table by majority vote before
any discussion on the Item takes place.
2. If the Item is not removed from the table, it will not be considered by Council.
3. If the Item is removed from the table, discussion on the Item will occur and
Council can provide direction it deems appropriate.
Submitting Department Director: Daniel LeFever Date: 10/4/19
Attachment: Copy of the original Agenda Item 10 from the Regular City Council Meeting on
Tuesday, September 17, 2019 - Ordinance No. 17-2019; amending the Supplementary Zoning
District regulations regarding Oak Lane; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the Code, severability and an effective date, first
reading.
ATTACHMENT
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/17/2019
Item No. 10 REVISED
Subject: Ordinance No. 17-2019; amending the Supplementary Zoning District regulations
regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading.
Department: Community Development
Summary: In 2014/2015, Sheropa, LLC. applied for and received building permits to
construct four single-family homes on four (4) separate lots abutting the southern boundary of
Oak Lane (127, 131, 135 and 139 Oak Lane). Per the City Building Department's practice, the
building permits were issued in reliance upon certified surveys, which in this case were
submitted by Walker Surveying, a licensed surveyor in the State of Florida. The Walker
Surveying surveys demonstrated compliance with City Code requirements, including property
lines, setbacks, the location of improvements, etc. The permit applications also included copies
of warranty deeds, with legal descriptions consistent with the surveys.
However, as the City Council is aware from a previous variance proceeding related to 127 Oak
Lane in 2017, during the permitting and construction of the four (4) single-family homes,
competing surveys were submitted to the City disputing the accuracy of several of the surveys
submitted by Walker Surveying, specifically whether the single-family homes were constructed
in compliance with the City's zoning side and front setback requirements.
In fact, relevant to the side setback issue, a quiet title action is still pending involving Sheropa,
LLC. (127 Oak Lane) and the property owner of 123 Oak Lane related to the side lot boundary
line between 123 and 127 Oak Lane. In addition, it is the City's understanding that Sheropa,
LLC. is attempting to resolve a side setback issue related to the side lot boundary line between
131 Oak Lane owned by Sheropa, LLC. and 135 Oak Lane which is owned by another property
owner.
Furthermore, due primarily to the current unpaved status of Oak Lane and competing surveys,
the location of the Oak Lane Right -of -Way was being questioned by some of the property
owners including whether the four (4) single-family homes constructed by Sheropa, LLC. are
in compliance with the minimum 25-foot front setback requirement under the City Code. As
a result, on September 4, 2018, the City engaged Campbell Surveying, LLC. to prepare a Map
of Survey to, among other things, establish the legal description for the Oak Lane Right -of -
Way and to install survey markers indicating the location of the right-of-way, and in an
effort to identify private improvements existing within the right-of-way. A copy of the Oak
Lane Map of Survey is attached to this Agenda Item (Attachment 1).
In addition, Campbell Surveying, LLC. measured the distance of fronts of all six (6) of the
single-family homes along the southern boundary of Oak Lane from the southern boundary of
Oak Lane Right -of -Way. The measurement was taken to determine whether these six (6)
homes are in compliance with the current minimum 25-foot front setback requirement. Based
on these measurements taken by Campbell Surveying, LLC., five (5) of the six (6) single-
family homes are not in compliance with the minimum front setback requirement to varying
degrees including the four (4) single-family homes constructed by Sheropa, LLC. The
closest home (135 Oak Lane) is 19.1 feet from the southern boundary of Oak Lane. The
single-family homes along the
City Council Meeting
Date: 9/17/2019
Item No. 10
Page 2 of 2
northern boundary of Oak Lane were not measured because they all appear to be well within the
minimum 25-foot front setback requirement.
Furthermore, as part of the surveying assignment, Campbell Surveying, LLC. identified on
the survey all utilities and private improvements existing within the Oak Lane Right -of -
Way. Based on the survey, it appears that all property owners along the southern and
northern boundary of Oak Lane, and several utilities, have one or more private
improvements located within the Oak Lane Right -of -Way such as driveway aprons, pavers,
mailboxes, landscaping, and utilities.
Based on the Map of Survey provided by Campbell Surveying, LLC., there is a need to adopt
supplemental zoning regulations to address front setback and existing private improvements
and utilities within and along Oak Lane in order to address property interests.
The proposed Ordinance (Attachment 2) will result in a legislative amendment to Chapter 110
— Zoning, by creating a new section (Sec. 110-490.2) specifically for properties abutting Oak
Lane to include a new minimum front setback of 19 feet. Furthermore, the Ordinance provides
for certain private improvements to be located within the unpaved portion of Oak Lane;
however, upon written notice by the City, property owners will have to relocate said
improvements under certain circumstance identified in the Ordinance. Adoption of the
Ordinance will bring the front setbacks of all single-family homes along Oak Lane and the
private improvements within the Oak Lane Right -of -Way into compliance with the City Code.
First hearing of this item was originally scheduled to be heard at the Regular City Council
Meeting of Tuesday, September 3, 2019 but was cancelled on September 2, 2019 due to
projected impacts of Hurricane Dorian.
Submitting4.Department Director: David Dickey. Date: 9/10/19
Attachments:
1. Map of Survey
2. Ordinance No. 17-2019
Financial Impact: Staff time to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/10/19
The City Manager recommends that City Council take the following action:
Approve Ordinance No. 17-2019 on first reading.
Approved by City Manager: David L. Greene Date: 9/10/19
<< LEGEND A SYMBOLS >>
marked: PL S 2351 / LB 7978
• 0.T.P. Found Open Top Pipe
•
• Nail 2 Disk Control Point
PLS. 2351 / LB 7978
Mir disk marked
PRA! S 2351 / LB 7978
with Brass disk markedwith
Surveyor s number Per Plat
A Set nail and. mark,
PLS 2351 / LB 7978
• Fomd anddisk,
No Identification
4P
• Sank& yManhate
• Stonn Manhole
• Telephone Manhole
• Telephone Box
Wat e Meter
m Water Valye
F Eire Hydrant
ac#2 Wo o d Power Pole
• ConcretePowe r Pole
it Light Pale
• Guy.,
MAP OF SURVEY
OAK LANE
IN A PORTION OF SECTION 14, TOWNSHIP 24 SOUTH,
RANGE 37 EAST, BREVARD COUNTY, FLORIDA
NORTH LINE OF THE SOUTH 165 FEET OF LOT A, TUTEN'S SUBDIVISION, PLAT BOOK PAGE 22
PARCEL A.01
ORB 6130 PG 2243
LOT 18
LOT 17
NORTH LINE OF DEED BOOK 395 PAGE 145
586 8' (D)
PARCEL A.02
ORB 24 PG 3
cnxiTC1c2Iii9gr
S S9.54'5, F
FOUND 1/2" IRON ROD &
CAP LB 5633, 0 34' N OF LINE
FOUND 1/2" IRON ROD
NO ID, 0 37' S OF LINE
PARCEL A.03
ORB 9 PG 311 ORB 364 PG 312
cAlciggiro
Attachment 1
TT ,
ORB 762 PG 200
PATRCELNTA,059
LOT 16
,
'''
N , 1,1 2, , ,,
• ' ,
MI I Fit -'ill Ma War' . . Atillifir ,
94. ,
PARCEL A.10
ORB 5282 PG 1103
LOT 15
.0 SURVEYOR'S A TITLE REPORT A NOTES»
SURVEYORS NOTES CONCERNING TITLE REPORT
LOT 14
RESIDENCE
CAPE ClA31,7A Z12<., FIE_ 32920
TAX FIA-0111-T=49527895
PARCEL 2,27
ORB 5282 PG 1102
LOT 13
OCEAN GARDENS WAVE TWO
394' (D)
PARCEL A.26
ORB 5282 PG 1101
ORB 5 PG 528
SOUTH LINE OF DEED BOOK 395 PAGE
880 (D)
LOT 12
LOT ,
LOT 10
5651
LOT 9 LOT B
PARCEL A.25
ORB 5282 PG 1100
PARCEL A.17
ORB 206 PG 577
LOT 7 LOT 6
PLAT BOOK 40, PAGE 45
<< SURVEYOR'S A REPORT >>
1. Item 8 deals with Restrictions, conditions, easements and dedications contained in the record plat .TUTENS
SUBDIVISION. There are ....how..
2. Item, deals with a blanket Easement given to Florida Power an ht mpany recorded in Deed Book 395 at
MAINTAINED RIGHT OF WAY. This Easement is shown on the survey and is noted exception #9
3. Ite.10 deals with a blanket Easement give. to Fkil,(5t,la Power and Light Comp., re.rded in Deed Book 396 at
NIZXZEZW1==all=land:‘,:=2tgt=====ard
deed recorded in ORB 1832 at Page 429. This easements is show. on the Survey and is noted. exception12.
10. 11..17 is a 20 foot wide utility easement recerded in ORB 4429 atPage 2659 and re recorded in 012134409 at
ease...touches the property in question along its most Wester...Mary. This Easement is ..sed for both
12. 1..20 deals with a 5 foot city ofCacoa Water Easement recorded in ORB 7432 at Page 720.4...r...is
6.BearingsarebasedonDeedofrecordreferencedto S89.57'51, almigthe
North properly line.
<< THE UNDERGROND UTILITY INFORMATION >>
is based, th pat upon idormatio.. fumishedby
believed to be rel.] n its accurac yan comPiciencs t
PARCEL A 09
DB 745 PG 459
LOT 5 LOT 4
OCEAN GARDENS WAVE ONE
LOT 3
PARCEL A 07
PARCEL A 06 DB 403 PG 388
..NBALO=AvE.E''
cAPTEAY'A'c'EL'72.:2°
S 99.57',5"
5 10'
TO POB OF PARCEL A.17
LOT 2 LOT 1
<< LEGAL A DESCRIPTION >> PLAT BOOK 38, PAGE 72
CITYOF CAPE CANAVERAL OAK L ANE R IGHTOF W AY L EGAT D ESCRIPTIONAS PREPAREDBY $ URVEYOR:
A portion of Lot A in TUTEMSSUBDMSION, according to the plat thereof recorded in Plat Book P, 22 o the Public Records ofBreeard Co.uny, FloOda, the same being did the lands transfer., d byBrevard Com,. the
maintained by the City of Ca, Canayeralthat lie s East of the East line of said Officia 1 RecordsBook 1832 atPa,ge 429 .md West of the West right of way line of Nor t h Atlantic Avenue AKA STATE ROAD 401 (60 foot wide roadway) The
To Wit:
Commence at the intersection of the West Right of Way line of STATE ROAD 4 01 with the North line of the Sout h 165 feet of Lot A of said TUTENSSUBDIVISION. said point is witnessedby a 2 inch Rano', thence run S 060
53'01'W in 13790 feet to the intersection with the North line of that pa t d'OAK LANE that has been maintainedby the Cit y of C.., Canaveral, said pointis marked with a 4 inch square concrete monument with brass disk #PLS 2351,said
point ben.g thePond offlegMningof the following describe d rightof Ray fo c OAK LANE; thence continueS 06D5501" W along the West right of way line of STA TE ROAD 401 for 50.35 feet to a pointonthe South line that....
with a 4 inch squaredconcrete monument with bras s disc #PLS 2351:thence leaving the West right of wayline of STATE ROAD 401 run N8905755" W ak,theSouth line of the afmsaid Mgress-egress easementand along theSoutherly
Ihnit,the are a maintained by the Ot y of Ca, Canaveral for 130.35 feet o anoint said point ben; g marked with a StainlessSted Nail and Disk set in drill hole marked P.R.M# PLS 2351; thence run N 7403800"W continuing along.,
1832 at Page 429 of the Public Records,' BreyardCount, Florida, said point being marked with a 4 inch square concrete monument with Inass disc #PLS 2351; thence run IV 8905755" W along of theSouth line of the lands described in
aforesaid Official Record s book 1832 at Page 429 for 43495 feet to the Northwest corner of the lands described Odic., 1 Records Book 528 2 atPage 1102 of the Public Records of Breyard Coun, thence run SOID3112"Ealong the West
line of saiclOfficial Records Book 5282 at Page 1102 for 16.50 feet to the point of intersection with the South line of that part of OAK LANE that has been ma.tained by the City of Cape Canaveral, said point is marked with a 4 .ch square
concrete...mm..0th brass disc #2351; thence run N 8905755"W for94.05 feet to a point on the East line of the West 440 ketof Lot A and LotB of the aforesaid plat of TUTEMSSUBDIVISION said point markedndth a 4 inch
square concrete monumentwith brass .5,2351; thence run NOID3112" W along the East line of the West440 feetof said Lots A andLotB for 66.50 feet to a pain, said pa. s marked with a 4 inch squa. inch concrete monument
intersection with that part,' OAK LANE that has been maintaine d by the City of Cape Canaveral; Thence run S 89D5752"Ealong said Maintained line of 135.40 feet to the Point of Beginning.
<< EXPLANATION OF ABBREVIATIONS >>
Point of Commencement PB PlatBook A/C AirConditioner N.A.V.D. NATIONAL GEODETIC
Poi. of Beginning DB. DEE6 BOOK F. Fomid VERTKALDATuri
MeasuredDistance LB LicensedBusiness N N CD CHORD DISTANCE
MeasuunentOnPbt LS LicensedSurveyor A.KA C.L.F. CHAIN LINK FENCE
MeasurmentfromDeed PublicUtility Easement FFE FINISHF OHW OvERHEADWIRE
6C» MeasurnientCalculated PublicUtilityEasement CB CHORD CIR CAPPED IRON ROD
PG Page C.B.S. CONCRETE BLOCK D.E. DRAINAGE EASEMENT
O.RB. OfficialRecord Book E.O.P. EdgeofPavement STRUCTURE ELEV. ENEWIONI
EdgeotWater
itY,NGTH = radar
A DELTA
HP HEHPO ICA, dary Line
moue. s te
Ruw RE_usEwATER --- — = T9Pof Bank,,d,valcor.9,
T`gritlaWsl'ale'r
he,e, thlt tr,e r,
act 5a I ta,r, th,,,A,
5,17.052, c ,9,-t06,"K
4.,
" W ;
sai
3
--$. 47_
A SITE >>WA
<< LOCATION A MAP >>
FOUND 1/2" IRON ROD NO ID I
0 71 FEET WEST, ON LINE
Fm0oUNNLEDm E4N"_>r‘ 4N" 0C OuN TENE
6N
LOT 4
LOT 3
LOT 2
LOT 1
Fsr\cipoRNN DA '6,1-sP2c784,
NORTH LINE OF DEED BOOK 395 PAGE1145
, 293.20 (D) FmTNuD E4"X4"
NE CORNER OF LOT B
TUTEN'S SUBDIVISION
PN LoA Tc oBRONOEKR 1E, oPu AN, Go E 02R2 E
DEED BOOK 424, PAGE 566
POBEGINNING
DEED BOINT OKOF 395 PAGE 145
ORB 762 PG 200
I — —
SE CORNER OF THE SW 1/4 OF THE
I NW 1/4 SECTION 14, TOWNSHIP 24
SOUTH,RANGE 37 EAST
▪ NO CORNER FOUND OR SET
0
<< EASEMENT'S A LEGEND >>
K4N/1
R',En„LETNINT,
0214%
F PET, E VT' T
30
<< SCALE A 1" =30 >>
0 15 30
120
TH°N
R INEERING CO
ON EAST LINE OF THE SW 1/4 OF
THENW 1/4 OF SECTION 14
EAST LINE OF DEED
BOOK 395 PAGE 145
FOUND 1/2" IRON ROD NO ID
NW CORNER OF LOT 1
PLAT BOOK 32 PAGE 75
LICENSED B USINESS # 79 78
115 Alma Blvd.,Suite 102 / MailingAddress:P.O.Box 541866
MerrittIsland, FL 32954 Phone:(321)514.6920
o
oAK C.. ANL' APE .. 1, 32920
LIUNLIMIC Y VLr,v S .2 OF C NECKED BY 42.0 WPM S ECTION ,
r'j,r D WG 201,290BISDY DEM,. EL H ALE T
P REPARED FOR .0 C ERTIFIED ro: DATE 2/25./19 PROF, N ,20,290 AWGE 37 EAST
C ITY OF
CAPE C A1VAVERAL
R ENSIGNS D ATE D ESCRIPTICHS
4/10/19 Add Working Document and CityComments
# 2 6/20/19 Revise Right of Way Bounder y per CityComments
#3 6/28/19 Revise City Comments
#4 8/21/19 Revise , Comments
Attachment 2
1 ORDINANCE NO. 17-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING THE SUPPLEMENTARY ZONING DISTRICT
6 REGULATIONS REGARDING OAK LANE; PROVIDING
7 FOR THE REPEAL OF PRIOR INCONSISTENT
8 ORDINANCES AND RESOLUTIONS, INCORPORATION
9 INTO THE CODE, SEVERABILITY AND AN EFFECTIVE
10 DATE.
11
12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
14 law, and pursuant to Section 316.006(2), Florida Statutes, the City shall have original jurisdiction
15 over all streets and highways located within the City's jurisdictional boundaries, except state roads,
16 and shall have the power to regulate all such streets and highways as provided by law; and
17
18 WHEREAS, Oak Lane is a City public road located within the jurisdictional boundaries
19 of the City of Cape Canaveral, Florida; and
20
21 WHEREAS, Oak Lane is one of two (2) remaining unpaved City public roads located
22 within the City of Cape Canaveral; and
23
24 WHEREAS, a substantial portion of Oak Lane was conveyed to the City by Brevard
25 County in 1977 by County Deed recorded in Brevard County Official Records Book 1832 at Page
26 429, and that portion and the remaining portion of Oak Lane have regularly been maintained or
27 repaired continuously and uninterruptedly by the City for decades; and
28
29 WHEREAS, the City Council recently adopted Resolution No. 2019-13 certifying a Right-
30 of -Way and Maintenance Map for Oak Lane, prepared by Campbell Surveying, LLC., and
31 recognizing all right, title, easement and appurtenances to Oak Lane described in said Resolution
32 are vested in the City of Cape Canaveral, in accordance with the provisions of Section 95.361,
33 Florida Statutes, or by other lawful means of acquisition including by County Deed; and
34
35 WHEREAS, based on the Right -of -Way and Maintenance Map and survey information
36 provided by Campbell Surveying, LLC., the City Council finds that there is a need to adopt
37 supplemental zoning regulations to address front setback and existing private improvements and
38 utilities within and along Oak Lane in order to address property interests; and
39
40 WHEREAS, the City's Land Planning Agency conducted a public hearing regarding this
41 Ordinance on and recommended that the City Council adopt this
42 Ordinance; and
43
44 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
45 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
46 Canaveral.
47
48 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
49 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
City of Cape Canaveral
Ordinance No. 17-2019
Page 1 of 3
1
2 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
3 reference as legislative findings and the intent and purpose of the City Council of the City of Cape
4 Canaveral.
5
6 Section 2. Code Amendment. Chapter 110, Article IX — Supplementary District
7 Regulations of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as
8 follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks
9 (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Article IX —
10 Supplementary District Regulations. It is intended that the text in Chapter 110, Article IX —
11 Supplementary District Regulations denoted by the asterisks and set forth in this Ordinance shall
12 remain unchanged from the language existing prior to adoption of this Ordinance:
13
14 CHAPTER 110 - ZONING
15
16 * * *
17 ARTICLE IX. - SUPPLEMENTARY DISTRICT REGULATIONS.
18
19 * * *
20
21 Sec. 110-490.2. — Oak Lane
22
23 Notwithstanding any contrary provision in the City Code, the following provisions shall
24 apply to properties abutting Oak Lane:
25
26 (a) The minimum front setback shall be 19 feet.
27
28 (b) Private driveway aprons, curbing, pavers, mailboxes, landscaping, and utilities
29 ("Private Improvements") may be maintained by property owners within the unpaved portion of
30 Oak Lane at the property owner' s expense. However, upon written notice by the City, property
31 owners shall be required to remove and relocate the Private Improvements in the event the City
32 determines that removal and relocation is required because of any of the following reasons:
33
34 (1) An emergency exists;
35 (2) The Private Improvements interfere with the free flow of vehicular or pedestrian traffic
36 within Oak Lane; or
37 (3) The repair, maintenance or improvement of Oak Lane by the City.
38
39 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
40 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
41 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
42
43 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
44 Canaveral City Code and any section or paragraph, number or letter and any heading may be
45 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
46 like errors may be corrected and additions, alterations, and omissions, not affecting the
47 construction or meaning of this Ordinance and the City Code may be freely made.
48
City of Cape Canaveral
Ordinance No. 17-2019
Page 2 of 3
1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
4 be deemed a separate, distinct and independent provision, and such holding shall not affect the
5 validity of the remaining portions of this Ordinance.
6
7 Section 6. Effective Date. This Ordinance shall become effective immediately upon
8 adoption by the City Council of the City of Cape Canaveral, Florida.
9
10 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
11 of , 2019.
12
13
14 Bob Hoog, Mayor
15
16
17
18 ATTEST: For Against
19
20 Mike Brown
21
22 Mia Goforth, CMC Robert Hoog
23 City Clerk
24 Wes Morrison
25
26 First Reading: September 17, 2019 Rocky Randels
27 Advertisement:
28 Second Reading: Angela Raymond
29
30
31
32
33 Approved as to legal form and sufficiency
34 for the City of Cape Canaveral only by:
35
36
37 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 17-2019
Page 3 of 3
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 12
Subject: Ordinance No.18-2019; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital
Fund Budgets for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019;
providing for the repeal of prior inconsistent ordinances and resolutions and an effective date,
first reading.
Department: Administrative/Financial Services
Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 18-2019
(Attachment) is presented for adoption. Exhibit "A" to the Ordinance details the revenues and
expenditures pertaining to the Starting Budget, Budget Transfers, Year-end Budget Adjustments
and concludes with the 2019 Ending Budget. The revenues and expenditures have been adjusted
to reflect what Staff believes to be the final Budget. This shows revenue that has exceeded
estimates or was under -realized.
Exhibit "B" shows a complete Budget Adjustment Detail sequentially numbered by
Account/Department. As with past years, the Comprehensive Annual Financial Report (CAFR)
will provide the actual expenditures for this budget year. It is anticipated that the FY 2018/19
Estimated Ending Fund Balances as compared to the Budget are as follows:
General Fund $1,279,806
Special Revenue Fund $37,978
Capital Projects Fund -
Wastewater Enterprise Fund $1,693,294
Stormwater Enterprise Fund $386,361
This is the first reading of Ordinance No. 18-2019.
Submitting Department Director: John DeLeo Date: 10/7/19
Attachment: Ordinance No. 18-2019 with Exhibits "A" and "B".
Financial Impact: No additional financial impact is experienced through the formal adoption
of the Budget Adjustments and Amendments. However, the financial impact of each Adjustment
or Amendment is recorded at the face value of the Amendment.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/7/19
The Interim City Manager recommends that City Council take the following action:
Approve Ordinance No. 18-2019, first reading.
Approved by Interim City Manager: Mia Goforth Date: 10/7/19
ORDINANCE NO. 18-2019
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL
GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY FUND,
CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND ENTERPRISE
CAPITAL FUND BUDGETS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2018, AND ENDING SEPTEMBER 30, 2019; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS AND AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency
Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached
hereto as Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal
year beginning October 1, 2018, and ending September 30, 2019, are hereby approved and adopted.
SECTION 2. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
, 2019.
Bob Hoog, Mayor
ATTEST:
Mike Brown
Daniel LeFever, Interim City Clerk Bob Hoog
Wes Morrison
Rocky Randels
Approved as to Form:
Angela Raymond
Anthony A. Garganese, City Attorney
First Reading: 10/15/2019
Legal Ad Published:
Second Reading:
FOR AGAINST
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2019
FY 2018-2019
GENERAL FUND
FY 2019 FY 2019 FY 2019 FY 2019
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 714,776 $ - $ 619,389 1,334,165.00
Cash Forward-Trans Impact Fees - - - -
Cash Forward-R&R 320,000 - (320,000) -
Ad Valorem Taxes 4,391,937 - 71,732 4,463,669
Local Option Gas Tax 359,493 - (20,050) 339,443
Franchise Fees 857,793 - (223,492) 634,301
Utility Taxes 1,260,225 - (213,970) 1,046,255
Communications Service Tax 469,873 - (124,537) 345,336
Permits&Licenses 423,152 - 259,829 682,981
Impact Fees 10,200 - (9,740) 460
Long Point Road Estuary Rehab
State Grants 50,000 - (50,000) -
State Shared Revenue 953,883 - (109,721) 844,162
Local Shared Revenue 128,000 - - 128,000
Charges for Services 31,410 - (14,639) 16,771
Garbage&Recycling Revenue 1,141,781 - (112,512) 1,029,269
Recreation Fees 92,125 - (7,394) 84,732
Fines&Forfeitures 19,900 - 195,927 215,827
Interest Income 63,960 - 185,331 249,291
Fire Hydrant Rental Fee 73,573 - (4,992) 68,581
Miscellaneous Revenue 100,350 - 166,126 266,476
Transfer from School Guard Crossing Fund 2,385 - - 2,385
Transfer from CC Redevelopment Fund 685,634 - 308 685,942
Contribution from Wastewater Fund 691,442 - 0 691,442
Contribution from Stormwater Fund 19,566 - - 19,566
Other Sources Loan Proceeds 4,600,000 (4,541,500) 58,500
TOTAL REVENUES $ 17,461,458 $ - $ (4,253,904) $ 13,207,554
EXPENDITURE
Legislative $ 32,505 $ - $ (8,552) $ 23,953
Administrative Services 509,648 111,282 $ (34,061) 586,869
Community Development 273,732 29,000 $ 47,004 349,736
Protective Services 2,882,653 $ (7,162) 2,875,491
Fire/Rescue Services 2,077,985 $ 38,277 2,116,262
Building&Code Enforcement 461,458 23,565 $ (14,520) 470,503
Infrastructure Maintenance 1,104,717 - $ (53,995) 1,050,722
Economic Development 150,002 $ (17,862) 132,140
Leisure Services 715,033 12,205 $ (83,686) 643,552
Community Engagement 214,320 - $ (140,839) 73,481
Legal Services 265,600 $ (55,572) 210,028
Solid Waste 1,137,610 - $ (23,828) 1,113,782
Debt Service 1,291,428 - $ 0 1,291,428
Non-Departmental 1,243,644 - $ (312,299) 931,345
Transfer to Community Redevelopment Agency 4,600,000 - $ (4,541,500) 58,500
Transfer to Capital Construction Fund - -
Transfer to Wastewater Enterprise Fund - (88) (88)
Transfer to N Atlantic Ave Improvement Fund - 44 44
Contingency 501,103 (176,052) 954,755 1,279,806
TOTAL EXPENDITURES $ 17,461,438 $ - $ (4,253,884) $ 13,207,554
Excess of Revenues Over/(Under)Expenditures $ -
Page 1 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2019
FY 2018-2019
POLICE EDUCATION FUND
FY 2019 FY 2019 FY 2019 FY 2019
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Police Education Income $ 990 $ - $ (171) $ 819
Interest Income 194 - $ 103 297
TOTAL REVENUES $ 1,184 $ - $ (68) $ 1,116
EXPENDITURE
Education&Training $ - $ - $ - $ -
Contingency 1,184 - (68) 1,116
TOTAL EXPENDITURES $ 1,184 $ - $ (68) $ 1,116
Excess of Revenues Over/(Under)Expenditures $ -
FIRE PROTECTION FUND
FY 2019 FY 2019 FY 2019 FY 2019
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward R&R $ - $ - $ -
Interest Income 144 42 186
Impact Fees - - - -
Net Increase(decrease)in FMV - - - -
TOTAL REVENUES $ 144 $ - $ 42 $ 186
EXPENDITURE
Transfer to GF $ - $ -
Contingency 144 - 42 186
TOTAL EXPENDITURES $ 144 $ - $ 42 $ 186
Excess of Revenues Over/(Under)Expenditures $ -
SCHOOL CROSSING GUARD FUND
FY 2019 FY 2019 FY 2019 FY 2019
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 1,574 $ - $ 1,574
Parking Fine Surcharge 750 - $ 570 1,320
Interest Income 61 - $ (61) -
TOTAL REVENUES $ 2,385 $ - $ 509 $ 2,894
EXPENDITURE
Transfer to General Fund $ 2,385 $ - $ - $ 2,385
Contingency - - 509 509
TOTAL EXPENDITURES $ 2,385 $ - $ 509 $ 2,894
Excess of Revenues Over/(Under)Expenditures $ -
Page 2 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2019
FY 2018-2019
LIBRARY FUND
FY 2019 FY 2019 FY 2019 FY 2019
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ -
Ad Valorem Taxes $ 68,430 $ - $ 1,118 $ 69,548
Ad Valorem Tax Delinquent 50 - $ (14) 36
Tax Penalty Income 60 - $ (22) 38
Interest Income 4,968 - $ 2,633 7,601
Interest-Library Impact Fees - - $ - -
Interest-Tax Collections 42 - $ 110 152
Net Increase(decrease)in FMV - - $ - -
Impact Fees-Library - - $ 80 80
Transfer from Capital Construction Fund - - $ - -
TOTAL REVENUES $ 73,550 $ - $ 3,904 $ 77,454
EXPENDITURE
Operating Expenses $ 34,850 $ - $ (11,435) $ 23,415
Capital Purchases 31,200 - $ 1,466 32,666
Contingency 7,500 - $ 13,873 21,373
TOTAL EXPENDITURES $ 73,550 $ - $ 4,404 $ 77,454
Excess of Revenues Over/(Under)Expenditures $ -
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2019 FY 2019 FY 2019 FY 2019
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 66,659 $ - $ 66,659
State Grant DEO $ -
Shared Revenue from Cape Canaveral 468,799 - $ - 468,799
Shared Revenue from Brevard County 468,799 - $ - 468,799
Interest Income - - $ 486 486
Net Increase(decrease)in FMV - - $ - -
Transfer from General Fund 4,600,000 $ (4,541,500) 58,500
TOTAL REVENUES $ 5,604,257 $ - $ (4,541,014) $ 1,063,243
EXPENDITURE
Operating Expenses $ 11,299 $ - $ 5,382 $ 16,681
Capital Purchases 4,855,000 $ (4,561,190) 293,810
Debt Service 737,958 - $ - 737,958
Transfer to N.Atlantic Ave.Imp.Fund - - $ - -
Contingency $ 14,794 14,794
TOTAL EXPENDITURES $ 5,604,257 $ - $ (4,541,014) $ 1,063,243
Excess of Revenues Over/(Under)Expenditures $ -
Page 3 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2019
FY 2018-2019
LAW ENFORCEMENT TRUST FUND
FY 2019 FY 2019 FY 2019 FY 2019
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 7,146 $ - $ - $ 7,146
Interest-State 72 - $ (29) $ 43
Contraband Income 1,000 - $ 572 $ 1,572
Net Increase(decrease)in FMV - - $ - -
TOTAL REVENUES $ 8,218 $ - $ 543 $ 8,761
EXPENDITURE
School Resource Officer $ 8,218 $ - $ (2.00) $ 8,216
Contingency - - 545 545
TOTAL EXPENDITURES $ 8,218 $ - $ 543 $ 8,761
Excess of Revenues Over/(Under)Expenditures $ -
Page 4 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2019
FY 2018-2019
CAPITAL CONSTRUCTION FUND
FY 2019 FY 2019 FY 2019 FY 2019
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward-General Government $ - $ 1,824 $ 1,824.00
Cash Forward-Fire/Rescue - - - -
Cash Forward-Protective Services - - - -
Cash Forward-Leisure Services - - - -
Cash Forward-Library - - - -
Interest-General Government - - - -
Interest-Fire/Rescue - - - -
Net Increase(decrease)in FMV - - - -
Transfer from General Fund - - -
Cap.Expansion Fees-General Government - - - -
Cap.Expansion Fees-Fire/Rescue - - - -
TOTAL REVENUES $ - $ - $ 1,824 $ 1,824
EXPENDITURE
Capital-General Government $ - $ - $ 1,824 $ 1,824
Capital-Fire/Rescue - - - -
Transfer to General Fund - - - -
Transfer to Library Fund - - - -
Contingency-General Government - - -
Contingency-Fire/Rescue - -
TOTAL EXPENDITURES $ - $ - $ 1,824 $ 1,824
Excess of Revenues Over/(Under)Expenditures $ -
Page 5 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2019
FY 2018-2019
WASTEWATER ENTERPRISE FUND
FY 2019 FY 2019 FY 2019 FY 2019
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 1,165,224 $ - $ 1,165,224
St.John's RWMD Grant -
Utility Operating Income 3,861,325 - 112,007 3,973,332
Utility Penalty Income 60,500 - (2,669) 57,831
Impact Fees - - - -
Reuse Hook-Up Fees 3,900 - (1,886) 2,014
Reclaimed Water Revenue 85,105 - (1,554) 83,551
Investment Income 9,780 - 3,835 13,615
Sale of Fixed Assets 5,000 - (3,328) 1,672
Miscellaneous Income - - 1,112 1,112
Transfer from CC CRA Fund 52,323 - 1 52,324
SRF Loan Proceeds 2,513,000 - (792,533) 1,720,467
Net Increase(decrease)in FMV - - - -
TOTAL REVENUES $ 7,756,157 $ - $ (685,015) $ 7,071,142
EXPENDITURE
Personal Services $ 1,394,496 $ - $ (138,022) $ 1,256,474
Operating Expenses 1,113,101 68,000 $ (68,354) 1,112,747
Debt Service 498,308 $ (476,380) 21,928
Contribution to General Fund 691,442 - $ 88 691,530
Transfer to Enterprise Capital Fund 3,990,600 $ (1,695,432) 2,295,168
Contingency 68,210 (68,000) $ 1,693,084 1,693,294
TOTAL EXPENSES $ 7,756,157 $ - $ (685,016) $ 7,071,141
Excess of Revenues Over/(Under)Expenses $ -
Page 6 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2019
FY 2018-2019
STORMWATER ENTERPRISE FUND
FY 2019 FY 2019 FY 2019 FY 2019
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 100,000 $ - $ - $ 100,000
IRL Grant 11,000 - $ (11,000) -
Stormwater Utility Fees 899,580 - (119,152) 780,428
Investment Income 6,060 - (4,074) 1,986
Sale of Fixed Asset - -
SRF Loan Proceeds - - -
Net Increase(decrease)in FMV - - - -
TOTAL REVENUES $ 1,016,640 $ - $ (134,226) $ 882,414
EXPENDITURE
Personal Services $ 212,919 $ - $ 1,146 $ 214,065
Operating Expenses 225,319 118,000 $ (80,897) 262,422
Contribution to General Fund 19,566 - $ - 19,566
Transfer to Enterprise Capital Fund 303,600 - $ (303,600) -
Contingency 255,236 (118,000) $ 249,125 386,361
TOTAL EXPENSES $ 1,016,640 $ - $ (134,226) $ 882,414
Excess of Revenues Over/(Under)Expenses $ -
ENTERPRISE CAPITAL FUND
FY 2019 FY 2019 FY 2019 FY 2019
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Transfer from Wastewater Fund $ 3,990,600 $ - $ (1,695,432) $ 2,295,168
Transfer from Stormwater Fund 303,600 - $ (303,600) -
SRF Loan Proceeds - - - -
Enterprise Capital Contingency -
TOTAL REVENUES $ 4,294,200 $ - $ (1,999,032) $ 2,295,168
EXPENDITURE
Capital-Wastewater $ 3,990,600 $ - $ (1,791,953) $ 2,198,647
Capital-Stormwater 303,600 - $ (278,600) 25,000
Contingency-Wastewater - - $ 96,521 96,521
Contingency-Stormwater - - $ (25,000) (25,000)
TOTAL EXPENSES $ 4,294,200 $ - $ (1,999,032) $ 2,295,168
Excess of Revenues Over/(Under)Expenses $ -
Page 7 of 7
General Ledger
Budget Adjustment Summary
City of
Cape Canaveral
Exhibit B
Account Number Beginning Budget Amount Current Budget
001-002-513-110000 Executive Salaries 740,150.00 111,282.24 851,432.24
001-003-515-462000 Equipment Maintenance 0.00 29,000.00 29,000.00
001-006-524-400000 Travel&Per Diem 4,003.00 3,000.00 7,003.00
001-006-524-462000 Equipment Maintenance 9,860.00 18,265.00 28,125.00
001-006-524-540000 Memberships&Training 5,850.00 2,300.00 8,150.00
001-011-572-540000 Memberships&Training 695.00 12,205.00 12,900.00
001-017-901-462000 Equip.Maint.-City Network 144,916.00 72,000.00 216,916.00
001-017-901-990000 Contingency 501,103.00 -248,052.24 253,050.76
401-010-535-310000 Professional Services 15,000.00 30,000.00 45,000.00
401-010-535-462200 Collection System Maintenance 78,950.00 38,000.00 116,950.00
401-010-535-990000 Contingency 68,210.00 -68,000.00 210.00
403-018-538-310100 Engineering Fees 34,000.00 118,000.00 152,000.00
403-018-538-990000 Contingency 255,236.00 -118,000.00 137,236.00
405-010-535-633005 Canaveral Prk Exfiltration Sys 130,000.00 64,100.00 194,100.00
405-010-535-641002 RAS Pump/Motor Replacement 22,000.00 6,000.00 28,000.00
405-010-535-641015 Refrigerator Replacement 8,500.00 -3,800.00 4,700.00
405-010-535-642012 Blower Pipe-Digester 2nd Basin 50,000.00 -50,000.00 0.00
405-010-535-642015 SCADA System 290,000.00 -6,000.00 284,000.00
405-010-535-642016 Specialty Lab Equipment 16,000.00 3,800.00 19,800.00
405-010-535-642023 WWTP Gate 5,800.00 14,200.00 20,000.00
405-010-535-642029 WWTP Lighting Rehabilitation 226,500.00 -28,300.00 198,200.00
GL-Budget Adjustment Summary(10/2/2019- 12:00 PM) Page 1
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 13
Subject: City Code Section 2-28 — Code of Conduct.
Department: City Council
Summary: Per City Code Section 2-28 (attached), all Council Members have committed to the
Code of Conduct by written affirmation.
City Council is to act collectively, not individually, to set/revise and/or to apply the City's
governing policies that the City Manager and Staff administer. A Council Member does not
manage the affairs of the City. City Policy is set by the majority of the City Council and not by
the wishes of one individual Council Member. Council Members should avoid conflicts and
using one's official position for personal, professional, or partisan gain. In addition, a Council
Member must refrain from any individual action that could compromise lawfully authorized
decisions of the City or the integrity of the City. A Council Member is required to support and
accept the duly authorized decisions of the City Council and City electorate. A Council Member
cannot be "for" and "against" the City he/she is representing. In conclusion, a Council Member
must always look out for the best interests of the citizens of the City, and with appropriate
leadership that nurtures and motivates City citizens to be stakeholders in the affairs and
achievements of the City. In other words, a Council Member should work to create a positive
environment for the good of all.
Submitting Council Member: Angela Raymond Date: 10/1/19
Attachment: City Code Section 2-28. - Code of conduct.
Financial Impact: None anticipated at this time.
Cape Canaveral, FL Code of Ordinances Page 1 of 3
Sec. 2-28. - Code of conduct.
In addition to adhering to the requirements of state law, all councilmembers shall commit to
the following code of conduct by written affirmation, which shall remain on file with the city clerk,
as follows:
(a) I affirm that the proper statutory and City Charter role of a councilmember,
as with any elected member of a legislative body, is to act collectively, not
individually, to set and/or revise and/or to apply the city's governing policies
and that the city manager and staff administer such policies.
(b) I understand that a councilmember does not manage the affairs of the city. I
will not intrude into daily operations or spheres of responsibility designated
by Florida Statutes, City Code, and City Charter to the city manager as the
chief executive officer; or undermine the city manager's lawful authority.
Further, I understand that the city manager is responsible for administering
the policy direction established by a majority vote of the city council and not
the policy wishes of one individual councilmember.
(c) I will represent the interests of the entire city when making decisions and will
rely upon available facts and my independent judgment. In my capacity as a
councilmember, I will avoid conflicts of interest and avoid using my official
position for personal, professional, or partisan gain.
(d) I will demonstrate dignity, respect, and courtesy toward those whom I am in
contact with in my capacity as a councilmember. I will refrain from
intimidation and ridicule of fellow councilmembers, city manager, city
attorney, staff, citizens of the city, and city utility customers.
(e) In my capacity as a councilmember, I will refrain from inappropriate language
including statements that are malicious, threatening, slanderous, disparaging,
mean -spirited, vulgar or abusive. All disagreements, concerns or criticisms
shall be framed in language that is in keeping with the dignity and
professionalism of an elected official and the honor of the city council.
(f) I will focus on solving problems. I will maintain appropriate decorum and
professional demeanor in the conduct of city business and work
cooperatively and conscientiously with others as I request or receive
information, examine data or weigh alternatives in the decision -making
process.
Cape Canaveral, FL Code of Ordinances Page 2 of 3
(g) I will demonstrate patience and refrain from demanding, interruptive access
to staff or immediate responses or services when requesting information that
requires significant staff time in research, preparation or analysis or that will
result in staff neglect of urgent duties. Such requests will be made through
the city manager for scheduling and prioritizing through consensus of the city
council.
(h) I will devote adequate time for preparation prior to city council meetings and
as much as possible, I will be in attendance at such meetings and all other
scheduled events where my participation is required.
(i) I will respect diversity and encourage the open expression of divergent ideas
and opinions from fellow city councilmembers, city manager, city attorney,
staff, citizens of Cape Canaveral, and city utility customers. I will listen actively
and objectively to others' concerns or constructive criticisms.
(j) I will refrain from any individual action that could compromise lawfully
authorized decisions of the city or the integrity of the city and my fellow
councilmembers. I will delineate clearly for any audience whether I am acting
or speaking as an individual citizen or in my capacity as a representative of
the city.
(k) I will maintain in confidence any privileged or confidential information
provided to me by the city and will not disclose such information publicly or
to any person who has not been duly authorized by the city to receive such
information, unless such disclosure is duly authorized by the city council or
city manager or required by law. In addition, I will refrain from copying any
written privileged or confidential documents provided to me by the city and
will keep such documents in safekeeping. Further, upon leaving office or
upon request by the city council or city manager, I will return to the city any
privileged or confidential documents or materials provided to me by the city
while serving on the city council.
(I) I will abide by all laws of the state applicable to my conduct as a
councilmember, including, but not limited to, the Government in the
Sunshine Law, the Florida Code of Ethics for Public Officers, and city rules of
procedure and codes of conduct.
Cape Canaveral, FL Code of Ordinances Page 3 of 3
(m) I will promote constructive relations in a positive climate with all city
employees, city attorney, and city contractors and consultants consistent with
my role as a councilmember, as a means to enhance the productivity and
morale of the city. I will support the city manager's decision to employ the
most qualified persons for staff positions. I will recognize the bona fide
achievements of the city manager, staff, city attorney, city contractors and
consultants, business partners, and other sharing in, and striving to achieve,
the city's mission.
(n) I will enhance my knowledge and ability to contribute value to the city as a
councilmember by keeping abreast of issues and trends that could affect the
city through reading, continuing education and training. I will study policies
and issues affecting the city, and will attend training programs if required by
the city. My continuing goal will be to improve my performance as a
councilmember.
(o) I will value and assist my fellow councilmembers by exchanging ideas,
concerns, and knowledge through lawful means of communication. I will help
build positive community support for the city's mission and the policies
established by the city council.
(p) I will support and advocate for my beliefs, but will remain open to
understanding the views of others. I recognize that I share in the
responsibility for all city decisions and will accept the will of duly authorized
decisions of the city council and city electorate.
(q) I understand that my first priority as a councilmember will always be to look
out for the best interests of the citizens of the city and the public health,
safety and welfare. I will seek to provide appropriate leadership that nurtures
and motivates city citizens to be stakeholders in the affairs and achievements
of the city.
(r) I will be accountable to the city council for violations of this code of conduct.
(Ord. No. 09-2011, § 2, 10-18-11)
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/15/2019
Item No. 14
Subject: City Council direction regarding the City -owned, unpaved portion of the Ridgewood
Avenue Extension Property.
Department: Economic Development
Summary: The undeveloped, 50-ft. wide, City -owned, unpaved portion of the Ridgewood
Avenue Extension Property (Subject Parcel) (Attachment 1) is situated at the north end of
Ridgewood Avenue. At one time the Subject Parcel and other connecting parcels were
designated to be a northward extension of Ridgewood Avenue connecting to and through Harbor
Heights, the Villages of Seaport and Shorewood Drive and ultimately to George King Boulevard
in the Port. However, development approvals over the years have precluded its development as
a roadway through to George King Boulevard, leaving the Subject Parcel undeveloped.
On September 20, 2019 the City issued a Fact Sheet (Attachment 2) which included the
following information:
• A natural path is located on Ocean Woods private property and provides Ocean Woods
residents access (foot traffic & bicycles) to the Ocean Wood's private beach access. The
City is unaware of any Public Access Easements giving the public the right to travel
across the natural path located on Ocean Woods private property.
• Representatives from Ocean Woods Homeowners Association (HOA) and Ocean Oaks
HOA requested to meet with City Staff regarding the Subject Parcel. The representatives
asked if the City would consider conveying (transferring ownership) a portion or all of
the property, which is located south and east of the Ocean Woods' natural path.
• Staff subsequently attended a site visit with the two HOA representatives to gather
additional information regarding the request. The request is still being evaluated by the
City.
• No action has been taken by the City to convey any portion of the Subject Parcel and the
City is under no obligation to convey the property. Any decision to convey the property
would have to be made by the City Council by ordinance at a public hearing.
While it is still understood that the two HOAs remain interested in the property, in the weeks
since, feedback from residents outside of Ocean Woods and Ocean Oaks indicate:
• There is no desire for a vehicular traffic roadway to be built upon the Subject Parcel.
• Some residents believed the Ocean Woods path was on City property and did not know
that Ocean Woods has the right to restrict access to Ocean Woods residents.
• The neighborhoods connected by the path would be negatively affected if Ocean Woods
closed the path. See email from Harbor Heights resident (Attachment 3).
• The City should proceed with the construction of a city -maintained sidewalk through the
Subject Parcel allowing foot and bicycle traffic between the Harbor Heights
neighborhood and Ridgewood Avenue.
City Council Meeting
Date: 10/15/2019
Item No. 14
Page 2 of 2
• The City should do nothing and retain the Subject Property, thereby reserving the ability
to construct a City -maintained sidewalk allowing foot and bike traffic between the
Harbor Heights neighborhood and Ridgewood Avenue should it ever be necessary.
Staff requests the City Council forward this matter to the Planning and Zoning Board for public
input and a future Council recommendation; or provide Staff with alternate direction.
Submitting Department Director: Todd Morley Date: 10/8/19
Attachments:
(1) Survey of Ridgewood Avenue Extension
(2) Ridgewood Avenue Extension Facts Sheet
(3) Email from Harbor Heights Resident
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/8/19
The Interim City Manager recommends that City Council take the following action:
Provide direction regarding the Ridgewood Avenue Extension property.
Approved by Interim City Manager: Mia Goforth Date: 10/8/19
MAP SHOWING RIGHT OF WAY OF RIDGEWOOD EXTENSION
& MARKERS SET OR FOUND
Attachment 1
FOUND 4"x4" CONCRETE MONUMENT
NO IDENTIFICATION
SET RED FIBERGLASS WITNESS MARKER
FOUND 5/8' IRON ROO w/ CAP
.SET RED RHERCLASS WITNESS MARKER
SET 5/8" IRON ROD W/ CAP'
STAMPED ALLEN ENG LB 266" &
ED FIBERGLASS WITNESS MARKER MP.)
GRAFI-0C SCALE
Prepared By:
ALLEN
Engineering, Inc.
SURVEYORS - ENGINEERS
188 DIXIE LANE
COCOA BEACH. FLORIDA 32931
TELEPHONE:(321)783-7443 - FAX: (321)783-5902
WEBSITE: www.alleneng.net EMAIL: info@alleneng.net
SURVEYOR'S NOTE:
The right of way alignment shown is based on a Boundary Survey performed
in October of 1992 and updated and recertified in November of 1993, for
Towne Realty, Job 1920714, by Allen Engineering. Inc.
SURVEYOR'S CERTIFICATION:
I hereby certify the iron rods with plastic cops shown hereon were set or found
during a held survey performed under my direction on February 4, 2013. All
field work was performed in accordance with the applicable requirements of the
Minimum Technical Standards for Land Surveys in Florida as described in Chapter
5J17-5, Florida Administrative Code, pursuant to Chapter 472.027 Florida
Statutes -
Not valid without the signature
and the original raised seal of a
Florida licensed surveyor and mapper.
ALLEN ENGINEERING, INC.
Robert M. Salmon
Professional Surveyor & Mapper
Florida Registratian No. 4262
Attachment 2
Ridgewood Avenue Extension Fact Sheet
September 20, 2019
(The underlying images below are from the Brevard County Property Appraisers Office Website. Blue line arrows
have been added for illustrative purposes.)
• A public beach access maintained by the City is located adjacent to Harbor Dr. and
currently serves the public, including residents of Harbor Heights.
• The City has not discovered any recorded private beach access easements running in
favor of residents of Harbor Heights.
• To the south of the City's public beach access adjacent to Harbor Dr., a private beach
access easement benefiting Ocean Woods lies across a potion of the City's Ridgewood
Avenue Extension property and continues further to the east across a northern portion of
the Ocean Oaks property. This easement was conveyed to Ocean Woods many years ago.
The City is not responsible for the Ocean Woods private beach access easement.
• A natural path is located on Ocean Woods private property and provides Ocean Woods
residents access to the Ocean Wood's private beach access described above. The City is
unaware of any Public Access Easements giving the public the right to travel across the
natural path located on Ocean Woods private property.
• Ocean Woods has the right to restrict access to the natural path located on the Ocean
Woods private property to Ocean Woods residents, but historically has permitted the
public to use the natural path.
• Representatives from Ocean Woods and Ocean Oaks requested to meet with City Staff
regarding the unpaved portion of the Ridgewood Avenue Extension property, which was
conveyed by deed to the City many years ago. At that meeting the representatives asked
if the City would consider conveying a portion of the unpaved part of the Ridgewood
Avenue Extension property which is located south and east of the natural path. Staff
agreed to meet.
• Staff subsequently attended a site visit with the two parties to gather additional
information regarding the request. The request is still being evaluated by the City.
• No action has been taken by the City to convey any portion of the Ridgewood Avenue
Extension property and the City is under no obligation to convey the property. Any
decision to convey the property would have to be made by the City Council by ordinance
at a public hearing.
Attachment 3
From: Anon Anon [mailto:coexjet@gmail.com]
Sent: Sunday, September 8, 2019 7:49 PM
To: Todd Morley <T.Morley@cityofcapecanaveral.org>
Subject: Re: Ridgewood Ave. Extension
Warning -This email originated outside the City of Cape Canaveral mail system. Please
review the sender's address. Report any suspicious mail to John DeLeo or Sam Thorpe
Todd,
Good to talk to you last week regarding the possible divesting of the Ridgewood Extension by
the city. While no one ever wants to see that road built, I do have a couple thoughts (concerns)
that should be addressed.
Most importantly, 1 feel the city needs to keep a small right of way to allow foot and bike traffic
between the Harbor Heights neighborhood and Ridgewood Ave. I understand now that the
Ocean Woods path is primarily on private land and that they currently have no plans to restrict
access to it. (for which we all are very grateful). However, those plans may change in the future
and would be detrimental to the neighborhoods on either side should the city not have retained a
small right of way. The biggest detriment would be to the children of Harbor Heights, as they
use this access daily to get to and from school. Cape View Elementary students are considered
"walkers", and busing is not provided. Cape View also serves as the "bus stop" for Freedom
Seven and Stevenson students (among others) from our neighborhood. They would need to walk
all the way out to North Atlantic (or walk the beach) to transition between neighborhoods if not
for the path. A half mile walk becomes nearly 2 miles. It's used by students and adults
alike. Without it, a short walk or bike ride becomes a longer drive. We're a bike/pedestrian
friendly city. It's important to ensure our future ability to transition between neighborhoods
should Ocean Woods or Ocean Oaks choose to make changes.
I also feel the extension land should be restricted from any future development and maintained
"as is" as "green space".
Thank you for your time.
Brendan Meckel
390 Harbor Dr.
603-438-6988