HomeMy WebLinkAboutcocc_council_mtg_packet_20191217CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
December 17, 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.
PRESENTATIONS/INTERVIEWS:
6:15 p.m. 6: 25 p.m.
Presentation of the John Land Award to Mayor Bob Hoog in honor of his 20 years as an elected
official by Florida League of Cities Membership Services Manager Mark R. Sittig.
Interview Applicant for appointment to the Culture and Leisure Services Board. (Marlene
Woodside)
CONSENT AGENDA:
6: 25 p.m. 6: 30 p.m.
1. Approve Minutes for November 19, 2019 Sine Die and Regular Meetings.
2. Resolution No. 2019-25; bestowing upon Rocky Randels the official honorary title of
"Mayor Emeritus of the City of Cape Canaveral" and establishing the duties, privileges
and conditions of this volunteer, unpaid position; providing for the repeal of prior
inconsistent resolutions, termination provisions, severability and an effective date.
3. Resolution No. 2019-26; providing for the division of a parcel of land owned by Wave
Developments, LLC and located at 8801 Astronaut Boulevard, Cape Canaveral, Florida
(existing Parcel ID. 24-27-15-00-817) into two (2) Lots of Record for development
purposes subject to an existing Development Agreement recorded in the Official Record
Book 8542, Page 727 of the Public Records of Brevard County, Florida; providing for
repeal of prior inconsistent resolutions, severability and an effective date.
4. Resolution No. 2019-27; appointing a member 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. (Marlene Woodside)
City of Cape Canaveral, Florida
City Council Meeting
December 17, 2019
Page 2 of 2
5. Award Agreement for Code Enforcement Special Magistrate Services to Fishback
Dominick and authorize Mayor to execute Agreement for same.
6. Award the Bid for construction of Polk Ave./Orange Ave. Maintenance Upgrade for Select
Stormwater Systems to Gregori Construction, Inc., of Titusville, Florida in the amount of
$239,382 and authorize City Manager to execute Construction Agreement for same.
7. Reappoint Interim City Manager Todd Morley as the City's Representative on the Space
Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and
appoint City resident Arlyn DeBlauw as the North Beaches Coalition Alternate on the
SCTPO Citizens' Advisory Committee.
PUBLIC HEARINGS:
6: 30 p.m. 6: 45 p.m.
8. Ordinance No. 19-2019; amending the City's Site Plan Review Requirements under
Chapter 110 — Zoning of the City Code; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the Code, severability and an effective date,
first reading.
9. Ordinance No. 20-2019; amending the City Code Chapter 110 — Zoning regarding tattoo
establishments and body piercing salons required to be licensed under Chapter 381, Florida
Statutes; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading.
ITEM FOR ACTION:
6: 45 p.m. 6: 50 p.m.
10. Appoint a Voting Delegate/Director and Alternate to the Space Coast League of Cities.
ITEM FOR DISCUSSION:
6: 50 p.m. 7: 00 p.m.
11. Impacts of adding a pool to the Canaveral City Park Multi -Generational Facility (MGF)
Project.
REPORTS:
7: 00 p.m.— 7:15 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: 12/17/2019
PRESENTATIONS/INTERVIEWS
Subject: Presentation of the John Land Award to Mayor Bob Hoog in honor of his 20 years as
an elected official by Florida League of Cities Membership Services Manager Mark R. Sittig.
Department: Legislative
Summary: In November 1986, Bob Hoog was first elected to serve a three-year term as a City
Council Member, followed by five consecutive elected terms from 2002-2015. During his time
as a Council Member, Mr. Hoog served as the appointed Mayor Pro Tem for 101/2 of those years.
In November 2015, he was elected Mayor and subsequently re-elected in November 2018. This
past November, Mayor Hoog achieved his 20th year as an elected official of the City of Cape
Canaveral.
To mark this occasion, Mark R. Sittig, on behalf of the Florida League of Cities, will be
presenting the John Land Award to Mayor Hoog. This Award, named in honor of long-time
Apopka Mayor John Land, commemorates elected officials across the State who have dedicated
decades of service to the public as representatives in municipal governments.
Submitting Department Director: Mia Goforth A4-- Date: 12/6/19
Attachment: None
Financial Impact: Staff time/effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/10/19
The Interim City Manager recommends City Council take the following action:
Recognize Mayor Hoog with the Presentation.
Approved by Interim City Manager: Todd Morley Date: 12/6/19
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/17/2019
PRESENTATIONS/INTERVIEWS
Subject: Interview Applicant for appointment to the Culture and Leisure Services Board.
(Marlene Woodside)
Department: Leisure Services
Summary: A seat on the Culture and Leisure Services (CLS) Board was vacated by the
November election of then Board Member Mickie Kellum to the City Council. On November
20, 2019, the Culture and Leisure Services Board interviewed and recommended Marlene
Woodside to fill the vacancy.
Ms. Woodside, who previously served on the Board for 6 years, is a resident of Cape Canaveral
and meets all of the eligibility criteria established in the City Code. Her professional
background/experience is relevant to CLS Board duties and based on her interview/interest, the
Board recommends she be appointed by the City Council (Attachment 2).
Submitting Department Directors: Gustavo Vergara Date: 12/10/19
Attachments:
1 — Board Application
2 — CLS Board Recommendation Memo
Financial Impact: Staff time and effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/10/19
The Interim City Manager recommends City Council take the following action:
Interview Applicant Marlene Woodside.
Approved by Interim City Manager: Todd Morley Date: 12/6/19
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: Marlene Woodside
2. Home Address:
732 Bayside Dr. Unit 206
3. Home and Cellular Telephone: 321 613 3105
5
4. Occupation: Retired
5. Business Telephone:
6. Business Address:
7. E-Mail: MARLENEWOODSIDE@CFL.RR.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 aimrnittee.
1. Are you duly registered to vote in Brevard County? (Y)✓ (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y)✓ (N)
3a. Are you a Business owner: (Y) (N)✓
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N)✓
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N)✓
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral? initials
(Y)✓ (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N)✓
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
I WAS 1 of the first members of the Beautifucation
Board (Attached News Article) and served with Culture Leisure Board For About 3 YRS - I enjoy my town
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. * Culture and Leisure Services Board
g. Library Board
h. Planning and Zoning Board* Pe, j
i. Other. Would also enjoy Volunteer for Arts Programs
*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 govemmental board or committee:
I briefly served on Development Board While Living at Merritt Isl.
4. Please list any specializedskills and training (e.g., architect, engineer, general contractor, etc:)
that you feel help to qual' you for membership on the desired board or committee.
I have been educated in the arts, many programs and profess. decator (Not active) College Photo have judged our students art shows journalism
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State
disclosing race, gender, and physical disabilities of board and committee members. Please check the
appropriate boxes:
Page 2 of 3
RACE GENDER
African -American Male
Asian -American z% Female
Hispanic -American Not Known
Native -American
Caucasian
Not Known
DISABILITY — Only a small amount not enough to keep me from serving
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:
cwaya„,,,
Please retum to:
City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
Date: 7/C r
For Office Use Only:
Date application received:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Marlene is a professional artist with a lifelong passion for the arts. Her works have
been exhibited in juried and non-juried shows earning many ribbons and awards.
She has also been featured in various publications and in 1999 her design was
selected for the Melbourne Beach founder's day T-Shirt.
Over the years Marlene has been very active in local art organizations including the
Brevard Watercolor Society and the Central Brevard Art Association. In 1997 she
was one of the founders of the Strawbridge Art I Pague in Melbourne, Florida.
A second passion has been Marlene's love for the town of Cape Canaveral. It was
love at first sight when she and her family relocated to this area in 1965. When the
town voted to establish a beautification board she was one of the first volunteer
members and was awarded a key to the city in 1989 for her efforts. Her spirit of
volunteerism continues as a member of the culture and leisure services board and
her advocacy for the advancement of the arts in her community.
Attachment 2
7300 North Atlantic Ave
Cape Canaveral, FL 32920
P.O. Box 326
321-868-1220
Memo
TO:
VIA:
FROM:
DATE:
RE:
CITY OF CAPE CANAVERAL
Leisure Services
Cape Canaveral City Council
Todd Morley, Interim City Manager
Gustavo Vergara, Leisure Services Director
12/03/2019
Recommendation to the City Council — Culture and Leisure Services Board
Ms. Marlene Woodside
At the November 20, 2019 Culture and Leisure Services Board meeting, the Board interviewed one
applicant to fill a seat vacated by Council Member Mickie Kellum. Based on her interview and
experience, the Board recommended the vacancy be filled by Ms. Marlene Woodside.
Please let me know if you have any questions. Thank you.
Item No. 1
CAPE CANAVERAL CITY COUNCIL SINE DIE MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral, Florida
TUESDAY
November 19, 2019
6:00 PM
DRAFT MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member
Raymond led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Mayor
Council Member
Council Member
Council Member
Mike Brown
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
Others Present:
Interim City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Community Development Director
Cultural and Community Affairs Director
Human Resources/Risk Management Director
Leisure Services Director
Public Works Services Director
Deputy City Clerk
Deputy Financial Services Director
Executive Assistant to the City Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Canaveral Fire Rescue Assistant Chief/Fire Marshal
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
David Dickey
Molly Thomas
Jane Ross
Gustavo Vergara
Jim Moore
Daniel LeFever
Melinda Huser
Lisa Day
Linda Moros
Alan Confreda
John Cunningham
City Attorney Garganese advised Council that discussion Agenda Items 6, 7 and 8 should be
moved from the Sine Die Agenda and placed onto the Regular Agenda as Items 17, 18 and 19 as
new business for discussion under the new City Council.
PUBLIC PARTICIPATION: Lee Vicidomini, 421 Lincoln Avenue, expressed thanks to the City
Council and Staff for doing a good job, urged for civility in Council Meetings going forward,
recommended Rocky Randels be named as an ambassador for the City and praised Mr. Randels'
work and expertise. Mayor Hoog recognized Brevard County District 2 Commissioner Bryan
Lober in the audience.
CONSENT AGENDA: No Items were removed.
1. Approve Minutes for October 15, 2019 Regular City Council Meeting.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting
November 19, 2019
Page 2 of 6
2. Approve the Amended Twelfth Addendum to Professional Services Agreement for
Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of
$54,606 with Black's Spray Service, Inc. and authorize the Interim City Manager to
execute same.
A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to
approve Item Nos. 1 and 2 on the Consent Agenda. The motion carried 5-0.
PUBLIC HEARING:
3. 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 revisions made to the Ordinance since the first reading.
Discussion ensued. The Public Hearing was opened. There being no discussion, the Public Hearing
was closed. A motion was made by Mayor Pro Tem Brown, seconded by Council Member
Raymond, to adopt Ordinance No. 15-2019 at second reading. The motion carried 5-0.
4. 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, second reading: City Attorney
Garganese read the title into the record and explained the Item. Discussion ensued. The Public
Hearing was opened. There being no discussion, the Public Hearing was closed. A motion was
made by Council Member Randels, seconded by Mayor Pro Tem Brown, to adopt Ordinance
No. 17-2019 at second reading. The motion carried 5-0.
5. 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,
second reading: City Attorney Garganese read the title into the record and explained the Item.
Discussion ensued. The Public Hearing was opened. There being no discussion, the Public Hearing
was closed. A motion was made by Council Member Randels, seconded by Council Member
Raymond, to approve Ordinance No. 18-2019 at second reading. The motion carried 5-0.
Discussion ensued regarding Rocky Randels' service to the City and naming him as a City
ambassador. A motion was made by Council Member Morrison, seconded by Council
Member Raymond, for Staff to begin the process of defining the role Rocky Randels may
play in a volunteer capacity as an ambassador representing the City in a professional
manner. Discussion ensued and included how there would be no compensation in pay for the
duties involved as an ambassador for the City and the term Mayor Emeritus is an appropriate title
for the volunteer position. The motion carried 5-0. Mayor Hoog thanked Council Member
Randels. There being no further business, the meeting adjourned Sine Die at 6:30 p.m.
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CALL TO ORDER: The Chair called the Meeting to order at 6:36 PM.
City of Cape Canaveral, Florida
City Council Regular Meeting
November 19, 2019
Page 3 of 6
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Mayor
Council Member
Council Member
Council Member
DRAFT
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
Others Present:
Interim City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Community Development Director
Cultural and Community Affairs Director
Human Resources/Risk Management Director
Leisure Services Director
Public Works Services Director
Deputy City Clerk
Deputy Financial Services Director
Executive Assistant to the City Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Canaveral Fire Rescue Assistant Chief/Fire Marshal
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
David Dickey
Molly Thomas
Jane Ross
Gustavo Vergara
Jim Moore
Daniel LeFever
Melinda Huser
Lisa Day
Linda Moros
Alan Confreda
John Cunningham
OATHS OF OFFICE: City Attorney Garganese administered the Oath of Office to Mike Brown
and Mickie Kellum.
PRESENTATION TO OUTGOING COUNCIL MEMBER ROCKY RANDELS: Mayor
Hoog presented a gift from the City to Rocky Randels in recognition of 31 years of service.
SELECTION OF MAYOR PRO TEM: Mayor Hoog opened the floor to nominations. A motion
was made by Council Member Raymond, seconded by Mayor Hoog, to nominate Mike
Brown for Mayor Pro Tem. A motion was made by Council Member Kellum to nominate Angela
Raymond for Mayor Pro Tem. Discussion ensued. City Attorney Garganese provided instruction
under Roberts Rules of Order that once each Council Member is given the opportunity to make
one nomination, the nominations should be closed and then deliberate selection of one of the
nominees to serve as Mayor Pro Tem by a motion, second and majority vote. There being no
further nominations, Mayor Hoog closed nominations and discussion ensued regarding the two
nominations on the floor. The motion for Mike Brown carried 3-2, with Council Member
Kellum and Council Member Morrison voting against.
PUBLIC PARTICIPATION: None.
PRESENTATIONS/INTERVIEWS: Presentation of Proclamation in Support of the Brevard
Zoo's Aquarium Project: Mayor Hoog presented the Proclamation to Brevard Zoo Executive
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting
November 19, 2019
Page 4 of 6
Director Keith Winsten. Mr. Winsten detailed the status of the project and thanked the City for the
support and early adoption of the Proclamation.
Presentation to the Financial Services Department of the Certificate of Achievement for
Excellence in Financial Reporting Fiscal Year ending September 30, 2018: Mayor Hoog presented
Certificate of Achievement to Administrative/Financial Services Director John DeLeo who stated
the City has received this award for 24 years in a row and recognized Staff for their work.
CONSENT AGENDA: Mayor Hoog inquired if any Items need to be removed for discussion.
Council Member Kellum removed Item No. 12.
9. Resolution No. 2019-24; reappointing Members to the Planning and Zoning Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and
a retroactive effective date. (John Price and Lamar Russell).
10. Approve RZK Task Order and Amended Construction Budget for Multi -Generational
Facility and CAPE Center solar initiatives and authorize Interim City Manager to execute same.
11. Approve final design from Architects RZK, Inc. for the inclusion of a Splash Pad and
supplemental structures associated with redevelopment of Canaveral City Park.
12. Approve the proposed 2020 City Council Regular and Budget Meeting Schedule.
A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Brown, to
approve Item Nos. 9, 10 and 11. The motion carried 5-0.
#12 Council Member Kellum expressed a desire for adding a pool to the Multi -Generational
Facility Project and the reasons why. Discussion ensued. City Attorney Garganese pointed out that
the subject being discussed was not related to pulled Consent Agenda Item 12. Interim City
Manager Morley suggested further discussing the addition of a pool under Reports, since Item 11
had just been approved. Discussion ensued regarding Item 12. A motion was made by Council
Member Morrison, seconded by Council Member Raymond, to adopt the 2020 City Council
Regular and Budget Meeting Schedule. The motion carried 5-0.
ITEM FOR ACTION:
13. Appoint a Council Member as the Alternate Voting Delegate to the Space Coast
Transportation Planning Organization (SCTPO) Governing Board, representing the North Beaches
Coalition (NBC): A motion was made by Council Member Raymond, seconded by Mayor
Hoog, nominating Council Member Mickie Kellum as the City's Alternate Voting Delegate.
Discussion ensued. The motion carried 5-0.
ITEMS FOR DISCUSSION:
14. Review of Code of Conduct (Submitted by Council Member Raymond): Discussion ensued
and included having Council pledge to uphold the Code of Conduct, negative feedback received
from the public in regard to Council conduct, the need to act in a professional, non -confrontational
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting
November 19, 2019
Page 5 of 6
and courteous way before implementing penalties and the topic is timely with the addition of a
new Council Member and at the New Year.
15. City Manager (Submitted by Council Member Raymond): Discussion ensued and included
Interim City Manager Morley's current six-month term, searching for a new City Manager,
challenges of conducting a search within and outside of the City, not eliminating Interim City
Manager Morley as a candidate, pros and cons of residency requirements and polling citizens,
Human Resources Director Ross' upcoming retirement, Deputy Finance Director Huser will be
the new Human Resources Director and confirmation that Interim City Manager Morley received
a pay increase since being appointed.
16. Affordable Housing (Submitted by Council Member Raymond): Discussion ensued and
included making affordable housing in the City a first priority, researching what Council has
control over, policies to promote affordable homes, density concerns, Homestead Exemption
program for seniors, the number of non -homesteaders and renters in the City, disagreement with
adoption of City Ordinance No. 03-2018, affordable and lower income housing development
implementation challenges, greenspaces and parking.
17. Discussion to consider amending the City of Cape Canaveral Parking Regulations:
(Submitted by Council Member Morrison): Discussion ensued and included parking regulations
related to private and commercial properties, parking on grass in residential and commercial areas,
sustainability solutions, impacts on the Indian River Lagoon, harmful nature of minimum parking
requirements across the country and moving away from minimum dimensions. Community
Development Director Dickey discussed the challenges of redevelopment, getting the necessary
changes into place to meet the Code and how Staff may bring new policies for Council
consideration after the Planning and Zoning Board meeting scheduled for December 4, 2019.
Interim City Manager Morley discussed an initiative relating to "maximum impervious area on
any given lot".
18. Discussion on options we have within the limits of FL Law 219-131 regarding
telecommunication/wireless facilities. (Submitted by Council Member Morrison): Discussion
ensued and included adapting City policy with the State Law and a planned facility tower near
Harbor Heights, the letter of a resident was read into the record, tight restrictions in State Law,
citizen participation, small timeframe for the Harbor Heights installation and limited
maneuverability for the structure. City Attorney Garganese read directly from the Act, detailing
the City may not require a meeting before filing an application and cannot require direct or indirect
notification for a public meeting for the placement of communication facilities in the right-of-way
and stated those are just two of many restrictions from the Florida legislature. Discussion ensued
regarding the challenges the City faces and possible alternatives through Staff analysis of standards
and restrictions from adopting certain regulations with regard to the State right-of-ways.
19. Discussion Item to consider directing the City Attorney to draft an ordinance that would
require a unanimous vote by the Council to take action on amending, terminating or renewing a
contract or employment agreement with the City Manager when the item to take Action was not
consistent with Sec. 2-60 of the City Ordinances (Submitted by Council Member Morrison):
Discussion ensued and included how a City Manager employment agreement and separation
should be handled with regard to City Code, taking no Council action without prior notice and
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting
November 19, 2019
Page 6 of 6
placing that requirement within the Code or a contract for employment, time constraints and
urgency may require immediate Council action, similar instances regarding past City Managers,
navigating costs and public perception.
Lee Vicidomini, 421 Lincoln Avenue, expressed opinions regarding affordable housing, landlords
and giving a tax break to owners of rental property to encourage low-income housing, property
owners that do not reside in the City, elected officials that do not own property in the City,
encouragement for a productive Council going forward and support for hiring from within and for
Interim City Manager Morley.
REPORTS:
Council Member Raymond discussed the Multi -Generational Facility hosting future events, kudos
to Staff for the Bike and Pedestrian Accessibility Community Outreach Session and City
Halloween Trunk or Treat/Monster Mash, the Space Coast League of Cities meetings, the League's
Advocacy Team trips to Tallahassee and the League's co -sponsored educational Scholarship
Application is ready online.
Council Member Morrison thanked Rocky Randels for his service to the City, congratulated Mayor
Pro Tem Brown and City Council Member Kellum on their election wins and thanked Interim City
Manager Morley and City Attorney Garganese for their work.
Council Member Kellum discussed citizen favor for the addition of a small pool inside the Multi -
Generational Facility, requested Staff research the costs for a design change, expressed desire the
Facility be used in a variety of ways and also suggested a Silver Sneakers program be started
through the City.
Mayor Pro Tem Brown thanked Rocky Randels for his service to the City, congratulated Council
Member Kellum and thanked Staff and First Responders.
Mayor Hoog confirmed the Mayors' Fitness Challenge will be noticed on the City website and
discussed the need for Council Consensus regarding the request put forth by Council Member
Kellum. Discussion ensued on time to include a design change and different options for a small
indoor pool. Council reached consensus for Staff to research changing the design of the Multi -
Generational Facility to include an indoor pool and bring the Item back to the December 17,
2019 Regular City Council Meeting.
Interim City Manager Morley thanked Rocky Randels for his service.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 9:31 PM.
Bob Hoog, Mayor
Mia Goforth, City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/17/2019
Item No. 2
Subject: Resolution No. 2019-25; bestowing upon Rocky Randels the official honorary title of
"Mayor Emeritus of the City of Cape Canaveral" and establishing the duties, privileges and
conditions of this volunteer, unpaid position; providing for the repeal of prior inconsistent
resolutions, termination provisions, severability and an effective date.
Department: City Clerk's Office
Summary: Rocky Randels, a retired United States Postal Service Postmaster with a career
spanning almost 40 years, made the City of Cape Canaveral his home in 1980. In 1982, Mr.
Randels volunteered to serve the City as an appointed member of the Planning and Zoning
Board; in 1987 he was elected to the City Council and served 28 consecutive years from 1987
to 2015, the latter 18 years as Mayor. In 2016, Mr. Randels was elected to serve another 3 years
as a Cape Canaveral City Council Member, bringing his total service to 31 years.
Along with serving the City as an advocate of his community's interests at Federal, State and
County levels, he has been a champion for all municipalities across Florida through the Space
Coast League of Cities and the Florida League of Cities. Throughout his tenure on the City
Council, Mr. Randels earned the respect and admiration from colleagues, businesses, local
charities, citizens and City Staff for his dedication and commitment to improve the quality of
life for all community members of Cape Canaveral and municipalities throughout the State of
Florida.
On Tuesday, November 19, 2019, Rocky Randels' three-year term as an elected official ended.
However, during the Regular City Council Meeting that took place that same evening, he was
recognized for his achievements and dedicated service to the City by fellow residents, the
Mayor, Council Members and City Staff. The City Council also voted unanimously to direct
Staff to begin the process of defining a professional role that Rocky Randels could encompass
in the capacity of a volunteer ambassador for the City.
City Staff and the City Attorney have drafted Resolution No. 2019-25 attached herewith,
including the following provisions:
Section 2. Mayor Emeritus. The City Council hereby bestows the official honorary title of
"Mayor Emeritus" on former Mayor Rocky Randels. It shall be the duty of the Mayor Emeritus
to serve as an Advocate and "good will" Ambassador for the City of Cape Canaveral, in
perpetuity unless terminated by either party in accordance with Section 4 of this Resolution.
However, should Rocky Randels announce candidacy and/or qualify to run for any elected
office, the title and duties shall automatically terminate upon his announcement and/or
qualifying for elected office.
Section 3. Duties and Privileges; Conditions. The following duties and privileges and
conditions are approved by the City Council:
A. Duties and Privileges. Mayor Emeritus shall be considered a volunteer and unpaid City
position. Subject to City rules and policies, the duties and privileges of Mayor Emeritus shall
include:
City Council Meeting
Date: 12/17/2019
Item No. 2
Page 2 of 3
a. Advocate and "good will" Ambassador for the City of Cape Canaveral
b. Access to City email/Office 365 Cloud service
c. Access to City Hall with a new ID Badge and City business cards
d. Access to Council Workroom/Computer
e. Upon prior approval by the City Manager or City Council, and subject to budget
appropriations by the City Council, direct payment or reimbursement by the City
of expenses related to the official approved duties of Mayor Emeritus such as
approved memberships, events, meetings, meals, mileage and lodging.
B. Good Will Role. As a "good will" Ambassador of the City, the Mayor Emeritus agrees not to
make any oral or written communication to any person or entity which disparages, or has the
effect of damaging the reputation of, or otherwise working in any way to the detriment of the
City.
C. No Binding Authority. However, neither this Section nor any other provision of this
Resolution shall be interpreted or construed as granting to Mayor Emeritus any authority
whatsoever to bind or commit the City to any matter or decision by verbal or written contract or
by any other means.
D. Sunshine Law Guidance. The Mayor Emeritus position shall not be considered, interpreted
or construed as being a member of the City Council or any other City board or committee. Thus,
for Sunshine Law purposes, the Mayor Emeritus can freely communicate his view of City related
issues not only at public meetings of the City Council, or other City board or committee, but he
can also freely communicate his view outside of a public meeting with members of the City
Council and other City board and committee members, provided the Mayor Emeritus shall not
serve as a conduit to communicate between Council Members and City Board and Committee
Members regarding their respective issues that foreseeably will be considered by the Council,
board or committee at a future meeting.
E. Public Records Guidance. All public records made or received by the Mayor Emeritus, as
the term "public record" is defined by Florida law, in connection with official City business and
this Resolution shall be maintained by the Mayor Emeritus and delivered to the City Clerk for
archiving and disposition pursuant to Florida law.
Section 4. Repeal of Prior Inconsistent Resolutions; Termination. All resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict. The City
Council may terminate the "Mayor Emeritus" designation at any time, without notice or penalty,
by repealing this Resolution. Rocky Randels may terminate his acceptance of the official
honorary title of "Mayor Emeritus" and the duties and privileges afforded by this Resolution at
any time by providing written notice of termination to the City Manager or Mayor or as
otherwise provided in Section 2 regarding candidacy for office.
Submitting Department Director: Mia Goforth Date: 12/6/19
Attachment:
Resolution No. 2019-25
City Council Meeting
Date: 12/17/2019
Item No. 2
Page 3 of 3
Financial Impact: Upon prior approval by the City Manager or City Council, and subject to
budget appropriations by the City Council, direct payment or reimbursement by the City of
expenses related to the official approved duties of Mayor Emeritus such as approved
memberships, events, meetings, meals, mileage and lodging. Staff time and effort to prepare this
Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo '. Date: 12/3/19
The Interim City Manager recommends City Council takethe following action:
Approve Resolution No. 2019-25.
Approved by Interim City Manager: Todd Morley Date: 12/6/19
RESOLUTION NO. 2019-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
BESTOWING UPON ROCKY RANDELS THE OFFICIAL
HONORARY TITLE OF "MAYOR EMERITUS OF THE
CITY OF CAPE CANAVERAL" AND ESTABLISHING THE
DUTIES, PRIVILEGES AND CONDITIONS OF THIS
VOLUNTEER, UNPAID POSITION; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
TERMINATION PROVISIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, Rocky Randels has been a resident of the City of Cape Canaveral for almost
forty years; and
WHEREAS, during this time period, Rocky Randels has served the City of Cape
Canaveral as an appointed member of the City's Planning and Zoning Board and an elected
member of the City Council as either Council Member or Mayor for 31 years including 28
consecutive years from 1987 to 2015; and
WHEREAS, Rocky Randels has tirelessly and diligently served the City of Cape
Canaveral community by advocating the City's interests at Federal, State and County levels
including before many Boards of Directors, Committees and Associations of both governmental
and private organizations; and
WHEREAS, Rocky Randels has also championed the interests of the City of Cape
Canaveral and all municipalities for decades across the State of Florida through the Florida League
of Cities and Space Coast League of Cities; and
WHEREAS, throughout his tenure on the City Council, including as the City's Mayor,
Rocky Randels earned the respect and admiration from his colleagues, businesses, local charities
and citizens for his dedicated and unwavering commitment to improve the quality of life for all
citizens of the City of Cape Canaveral and municipalities throughout the State of Florida; and
WHEREAS, the City Council desires to honor Rocky Randels' distinguished service to
the City of Cape Canaveral by conferring upon him the honorary title of "Mayor Emeritus of the
City of Cape Canaveral, Florida," and
WHEREAS, the City Council finds that this Resolution serves a municipal purpose and is
in the best interests of the City of Cape Canaveral and its citizens, businesses, institutions and
community and charitable organizations; 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.
City of Cape Canaveral
Resolution 2019-25
Page 1 of 4
Section 2. Mayor Emeritus. The City Council hereby bestows the official honorary title of
"Mayor Emeritus" on former Mayor Rocky Randels. It shall be the duty of the Mayor Emeritus
to serve as an Advocate and "good will" Ambassador for the City of Cape Canaveral, in perpetuity
unless terminated by either party in accordance with Section 4 of this Resolution. However, should
Rocky Randels announce candidacy and/or qualify to run for any elected office, the title and duties
shall automatically terminate upon his announcement and/or qualifying for elected office.
Section 3. Duties and Privileges; Conditions. The following duties and privileges and
conditions are approved by the City Council:
A. Duties and Privileges. Mayor Emeritus shall be considered a volunteer and unpaid City
position. Subject to City rules and policies, the duties and privileges of Mayor Emeritus shall
include:
a. Advocate and "good will" Ambassador for the City of Cape Canaveral
b. Access to City email/Office 365 Cloud
c. Access to City Hall with a new ID Badge and City business cards
d. Access to Council Workroom/Computer
e. Upon prior approval by the City Manager or City Council, and subject to
budget appropriations by the City Council, direct payment or reimbursement
by the City of expenses related to the official approved duties of Mayor
Emeritus such as approved memberships, events, meetings, meals, mileage
and lodging.
B. Good Will Role. As a "good will" Ambassador of the City, the Mayor Emeritus agrees
not to make any oral or written communication to any person or entity which disparages, or has
the effect of damaging the reputation of, or otherwise working in any way to the detriment of the
City.
C. No Binding Authority. However, neither this Section nor any other provision of this
Resolution be shall interpreted or construed as granting to Mayor Emeritus any authority
whatsoever to bind or commit the City to any matter or decision by verbal or written contract
or by any other means.
D. Sunshine Law Guidance. The Mayor Emeritus position shall not be considered,
interpreted or construed as being a member of the City Council or any other City board or
committee. Thus, for Sunshine Law purposes, the Mayor Emeritus can freely communicate his
view of City related issues not only at public meetings of the City Council, or other City board or
committee, but he can also freely communicate his view outside of a public meeting with members
of the City Council and other City board and committee members, provided the Mayor Emeritus
shall not serve as a conduit to communicate between councilmembers and City board and
committee members regarding their respective issues that foreseeably will be considered by the
Council, board or committee at a future meeting.
E. Public Records Guidance. All public records made or received by the Mayor Emeritus,
as the term "public record" is defined by Florida law, in connection with official City business and
this Resolution shall be maintained by the Mayor Emeritus and delivered to the City Clerk for
archiving and disposition pursuant to Florida law.
City of Cape Canaveral
Resolution 2019-25
Page 2 of 4
Section 4. Repeal of Prior Inconsistent Resolutions; Termination. All resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict. The City
Council may terminate the "Mayor Emeritus" designation at any time, without notice or penalty,
by repealing this Resolution. Rocky Randels may terminate his acceptance of the official honorary
title of "Mayor Emeritus" and the duties and privileges afforded by this Resolution at any time by
providing written notice of termination to the City Manager or Mayor or as otherwise provided in
Section 2 regarding candidacy for office.
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, and acceptance by Rocky Randels by
execution of this Resolution.
[Adoption and Signature Page Follows]
City of Cape Canaveral
Resolution 2019-25
Page 3 of 4
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
this 17th day of December 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
Mickie Kellum
Wes Morrison
Angela Raymond
I hereby accept the title "Mayor Emeritus of the City of Cape Canaveral, Florida" and
agree to abide by the terms and conditions of this Resolution:
Rocky Randels, Mayor Emeritus
Date:
City of Cape Canaveral
Resolution 2019-25
Page 4 of 4
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/17/2019
Item No. 3
Subject: Resolution No. 2019-26; providing for the division of a parcel of land owned by Wave
Developments, LLC and located at 8801 Astronaut Boulevard, Cape Canaveral, Florida
(Existing Parcel ID. 24-37-15-00-817) into two (2) Lots of Record for development purposes
subject to an existing Development Agreement recorded in Official Record Book 8542, Page
727 of the Public Records of Brevard County, Florida; providing for the repeal of prior
inconsistent resolutions, severability and an effective date.
Department: Community Development
Summary: Wave Developments, LLC (Applicant) is requesting approval for a lot split for
property located at 8801 Astronaut Boulevard. The parcel is zoned C-1 and is approximately
five (5) acres in size. The proposed lot split would create two parcels: Parcel "A" consisting of
3.106 acres; and Parcel "B" consisting of 1.894 acres.
At its September 17, 2019 Regular Meeting, Council approved a Development Agreement (DA)
with the Applicant to construct a multi -phased, tourist related Port of Call Facility on the
Property. As set forth in the DA, "Wave Village" shall be developed in four (4) phases.
As contemplated by Section5(H)(d) of the DA, the Applicant has petitioned the City to divide
the property into two (2) separate lots and to develop the two lots as one unified project
compatible in design, appearance and use with one another.
The DA also addresses the following development -related matters:
• Shared Parking and Ingress/Egress. Phases 1, 2, 3 and 4 shall each support and maintain
the shared parking and ingress/egress plan approved by the City, pursuant to the Wave
Village Parking Analysis attached to the Development Agreement.
• Shared Stormwater Retention. Subject to permit approval by applicable governmental
agencies, the structures in Phase 1, 2, 3 and 4 shall be permitted to utilize shared
stormwater retention facilities and appurtenant structures. As part of the lot split
approval, the Applicant shall be required to record a shared stormwater easement in the
Official Records of Brevard County prior to the issuance of a Certificate of Occupancy
(CO) on the last building constructed.
• Lot Frontage. As required by the DA, each lot shall have frontage on both West Central
Boulevard and State Road A1A, thereby allowing each lot to have up to a maximum of
two (2) ground monument signs including one (1) on West Central Boulevard and the
other on State Road AlA.
In 2010, the City amended its code to provide for a "lot split" which allows a one-time division
of a parcel resulting in the creation of one additional parcel (Sec. 98-66). This new process
consolidated the previous 2-step process (preliminary & final plat approval) into one step. The
process involves the Planning and Zoning (P&Z) Board making a recommendation to the City
Council, which will take final action on the application through the approval of a resolution.
City Council Meeting
Date: 12/17/2019
Item No. 3
Page 2 of 3
The Code establishes the following criteria (Sec. 98-66(b)(4)) that must be considered as part of
the review:
a. The proposed lot split shall in every respect meet the criteria established elsewhere in
this chapter and the city code for the category of zoning and other relevant codes and
applicable law under which the property is zoned. The proposed lot split meets
applicable rules and is consistent with City zoning regulations.
b. The application is consistent with the city's comprehensive plan. The application is
consistent with the applicable sections of the City's comprehensive plan.
c. The application does not create any lots, tracts of land or developments that do not
conform to the City Code. The proposed lots are consistent with applicable Code
sections.
d. The application provides for proper ingress and egress to all affected properties
through a public or approved private street or perpetual cross access easements. Each
of the proposed lots have proper access from both Astronaut Boulevard and W. Central
Boulevard. Furthermore, the applicant will execute a cross -access easement between
the two parcels prior to the issuance of a CO for the final building.
e. The application is compatible and in harmony with the surrounding neighborhood
including with respect to the size of existing surrounding lots and development trends
in the neighborhood which have been previously approved by the city council. The
surrounding area is characterized by commercial/retail development supportive of the
areas location relative to Port Canaveral. The size of the proposed lots are consistent
with existing lots in the immediate area.
f. The application does not create burdensome congestion on the streets and highways.
The proposed lot split will not have an adverse impact on the local road network. An
off -Astronaut driveway was designed to reduce/ease turning movements from & to
AIA.
g. The application promotes the orderly layout and use of land. The proposed lot split will
facilitate the proposed uses as defined in the recently approved DA.
h. The application provides for adequate light and air. The proposed lot split will not have
an adverse impact on the provision of adequate light and air to neighboring properties.
i. The application does not create overcrowding of land. The proposed lot split is
consistent with applicable massing/density standards as contained in City Code.
j. The application does not pose any significant harm to the adequate and economical
provision of water, sewer, and other public services. Development associated with the
proposed lot split will be required to meet the City's concurrency requirements.
The City Attorney has prepared Resolution No. 2019-26 (Attached) as required by Code Sec.
98-66. Upon recordation of the of the Resolution, each of the two lots shall be deemed a lot of
record for development purposes. This Lot Split shall be subject to the Declaration of Covenants
which are listed in Exhibit C to the Resolution.
At its Regular Meeting held on December 4, 2019, the P&Z Board recommended Approval of
the requested Lot Split.
Submitting Department Director:
David Dickey Date: 12/10/19
City Council Meeting
Date: 12/17/2019
Item No. 3
Page 3 of 3
Attachment: Resolution No. 2019-26 w/Exhibits
Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare
Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo % Date: 12/10/19
The Interim City Manager recommends City Council take the following actions:
1. Approve Resolution No. 2019-26; and
2. Authorize the Mayor to execute same.
Approved by Interim City Manager: Todd Morley Date: 12/10/19
RESOLUTION NO. 2019-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR THE
DIVISION OF A PARCEL OF LAND OWNED BY WAVE
DEVELOPMENTS, LLC AND LOCATED AT 8801
ASTRONAUT BOULEVARD, CAPE CANAVERAL,
FLORIDA (EXISTING PARCEL ID. 24-37-15-00-817) INTO
TWO (2) LOTS OF RECORD FOR DEVELOPMENT
PURPOSES SUBJECT TO AN EXISTING DEVELOPMENT
AGREEMENT RECORDED IN OFFICIAL RECORD BOOK
8542, PAGE 727 OF THE PUBLIC RECORDS OF BREVARD
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Section 98-66 of the City Code allows an owner of a single parcel of land of
sufficient size that satisfies zoning bulk regulations to divide the parcel of land once to create an
additional parcel of land; and
WHEREAS, Section 98-66 of the City Code authorizes the City Council to approve such
division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and
application process for lot splits; and
WHEREAS, Wave Developments, LLC (hereinafter "Owner") is the owner of certain real
property located at 8801 Astronaut Boulevard, Cape Canaveral, Florida, more particularly
depicted and legally described herein ("Property"); and
WHEREAS, the Property is subject to a Development Agreement previously entered into
by and between Wave Developments, LLC and the City, recorded in Official Record Book 8542,
Page 727 of the Public Records of Brevard County, Florida, under which the Owner has agreed to
construct a multi -phased, tourist related Port of Call Facility on the Property; and
WHEREAS, as contemplated by Section 5(H)(d) of the Development Agreement, Owner
has petitioned the City, pursuant to Section 98-66 of the City Code, to divide said property into
two (2) separate lots, and develop the two lots as one unified and harmonious project compatible
in design, appearance and use with each other; and
WHEREAS, said lots are more particularly depicted and legally described herein; and
City of Cape Canaveral
Resolution No. 2019-26
Page 1 of 3
WHEREAS, at its public meeting on December 4, 2019, the City's Planning & Zoning
Board considered the Owner's Application for a Lot Split and recommended approval to the City
Council; and
WHEREAS, the City Council finds that Owner has satisfied all of the requirements for
lot splits set forth in section 98-66 of the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Resolution is
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA HEREBY RESOLVES, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Approval and Condition of Lot Split.
(a) Subject to the condition stated below, the City Council hereby approves, pursuant
to section 98-66 of the City Code, the division of the real property located at 8801 Astronaut
Boulevard (Parcel Id.: 24-37-15-00-817), and legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference, into two (2) separate lots. Said separate lots are
referred to as Parcels "A" and "B" and more particularly depicted and legally described on
"Exhibit B" as respectively containing 3.106 acres and 1.894 acres, more or less.
(c) Upon recordation of this Resolution in the Official Public Records of Brevard
County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant
to applicable law.
(d) The Lot Split approved hereunder by the City Council shall be conditioned upon
and subject to the Declaration of Covenants which has been accepted and relied upon by the City
Council in conjunction with the approval of this Resolution. A copy of the Declaration of
Covenant, in substantial form, is attached hereto and incorporated herein as Exhibit "C." A
complete original of the Declaration of Covenants shall be executed by the Owner and the City
and recorded separately from this Resolution in the Official Records of Brevard County, Florida.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed
to the extent of the conflict.
Section 4. $everability. If any section, subsection, sentence, clause, phrase word or provision
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed a
City of Cape Canaveral
Resolution No. 2019-26
Page 2 of 3
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Resolution.
Section 5. Instructions to Staff. Pursuant to section 98-66 of the City Code, the City Clerk
is hereby directed to record this Resolution in the Official Public Records of Brevard County,
Florida in conjunction with or at such time a fully executed and recordable Declaration of
Easements has been delivered to the City by the Owner.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral. However, the Resolution shall not
be binding upon the Property until recorded by the City in accordance with the requirements of
this Resolution.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, this l7th day of December 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
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Resolution No. 2019-26
Page 3 of 3
Resolution No. 2019-26
Exhibit "A"
LEGAL DESCRIPTION
PER OFFICSAL RECORDS BOOK 5305, PAGE 1185, PUBUC RECORDS OF BREYARD COUNTY, FLORIDA
A PARCEL OF LAND SITUATE IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST. THE CITY OF
CAPE CANAVERAL. BREVAAD COUNTY, FLORIDA, BEING IAGRE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH UNE OF THE SOUTH 3316.80 FEET OF SAID
SECTION 15 AND THE WEST RIGHT-OF-WAY UNE OF STATE ROAD AMA. A 100.00 FOOT
RIGHT-OF-WAY; THENCE S. 37'22'24" E., ALONG SAID WEST RIGHT-OF-WAY UNE, FOR A DISTANCE
OF 1255.12 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 5. 37'22'24"E., FOR A DISTANCE
OF 452.06 FEET TO THE A POINT OF CURVATURE OF A CURVE. CONCAVE WESTERLY, HAVING A RADIUS
Of 25.00 FEET; THENCE SOUTHEASTERLY AND SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE AND
THE NORTHERLY RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD, UNDEDICATED, HAVING A WIDTH OF
100.00 FEET, THRU A CENTRAL ANGLE OF 10000'12", FOR A DISTANCE OF 43.453 FEET; THENCE
CONTINUE ALONG SAID CENTRAL. BOULEVARD RIGHT-OF-WAY, 5. 62'37'48" W., FORA DISTANCE OF
336.52 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY. HAVING A RADIUS OF
561.05 FEET; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF
14'57'08", FOR A DISTANCE OF 146.42 FEET; THENCE N. 37'22'24" W., FOR A DISTANCE OF 374.37
\FI `T; THENCE N. 52'37'36" E., FOR A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING.
Resolution No. 2019-26
COMPOSITE EXHIBIT "B"
4 PAGES
Legal Descriptions for Parcel A and Parcel B
GRAPHIC SCALE so tSKI TCH OF LEGAL DESCRIPTION
om:=
(IN FEET)
I INCH = 100 FEET
SECTION 15
TOWNSHIP 24 SOUTH
RANGE 37 EAST
BREVARD COUNTY, FLORIDA
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PARCEL A EXHIBIT "A" POINT OF
PUBLIC RECORDS NOTE:
ALL OF THE RECORDING INFORMATION CONTAINED
HEREIN REFERS TO THE PUBUC RECORDS OF
BREVARD COUNTY, FLORIDA, UNLESS OTHERWISE
INDICATED. ANY REFERENCE HEREIN TO A BOOK
AND PAGE OR INSINUMLNI NUMI3EN IS A
REFERENCE_ TO THE OFFICIAI RFCORD ROOKS OF
SAID COUNTY, UNLESS INDICATED TO THE
CONTRARY.
SPIRIT REALTY LP
8959 ASTRONAUT BLVD.
24-37-15-00-25
ORB 8404, PG. 336
NOT PLATTED
COMMENCEMENT
N. UNE OF THE
S. 3316.80 FEET
OF SECTION 15
& W. R/W OF SR A1A
RACETRAC PETROLEUM INC.
8899 ASTRONAUT BLVD.
24-37-15-01—•-1
ASTRONAUT BLVD.
RACETRAC PETROLEUM LOT 1,
PLAT BOOK 82, PAGE 13
N5737'36"E 500.00' (D)
POINT OF BEGINNING
NE CORNER OF ORB 5305, PG, 1185
PARCEL "A"
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OR 3.106 ACRES, MORE OR LESS.
R=581.05'
L=119.63'
CB=N71.28'25"E LOITICIAL RECORDS
CHD.=119.41' BOOK 5305
OFFICIAL RECORDS (0) —
BOOK
RI'CHT-OF-WAY
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MEETS THE MINIMUM TEC'1i'tlC7
P'rcOFESSL*1 J. SURYEYIRS .AMU1
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PAGE 1185
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SIGNING MATE: 10/8/200
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MADE UNDER MY RESPONSIBLE CHARM AND
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:N NUL' 34-17.D51, FLORIADA ADMINISTRATIVE
472.' OF TN • FIDRIDA STATUTES.
„CHRISTOPHER S. BOWERS P.S.U.
ET.A. CER'T. NO, 5990
THIS SKETCH HIS SEEN PREPARED FOR THE EXcWSWE USE OF THE
PERSONS OR ORGANNUZAT1OH IDENTIFIED BF1AW AND RS
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EXHIBIT A. SKETCH OF LEGAL DESCRIPTION ONLY.
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LEGAL DESCRIPTION:
A PARCEL OF LAND LYING WITHIN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH UNE OF THE SOUTH 3316.60 FEET OF SECTION 15 WITH THE
SOUTHWESTERLY RIGHT—OF—WAY OF STATE ROAD A1A, A PUBUC ROAD RIGHT—OF—WAY 100 FEET IN WIDTH. SAID ROAD
ALSO KNOWN AS ASTRONAUT BOULEVARD, AND RUN 53722'24"E ALONG SAID SOUTHWESTERLY RIGHT—OF—WAY OF A
DISTANCE OF 1255,12 FEET, TO THE NORTHEAST CORNER OF OFFICIAL RECORDS BOOK 5305, PAGE 1185, PUBLIC
RECORDS OF BREVARD COUNTY, FLORIDA, SAID POINT ALSO EIEING THE POINT OF BEGINNING.
THENCE CONTINUE S3722'24"E ALONG SAID SOUTHWE51 tHLY RIGHT—OF—WAY OF ASTRONAUT BOULEVARD A DISTANCE OF
234.02 FEET; THENCE DEPARTING SAID SOUTHWESTERLY RIGHT—OF—WAY, RUN S5737'36"W A DISTANCE OF 3E17.01) FEET;
THENCE S37'22'24"E A DISTANCE OF 178.92 FEET TO THE NORTHWESTERLY RIGHT—OF—WAY OF CENTRAL BOULEVARD, A
100' EASEMENT PER OFFICIAL RECORDS BOOK 2497, PAGE 2391, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; SAD
POINT ALSO BEING ON THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 561.05 FEET, A CENTRAL
ANGLE OF 1213'02", AND A RADIAL BEARING OF N24 38'06hf; THENCE FROM A TANGENT BEARING OF 565'21'54'W, RUN
ALONG THE NORTHWLS1ENLY RIGHT—OF—WAY OF CENTRAL BOULEVARD AND THE ARC OF SAID CURVE A DISTANCE OF
119.53 FEET: THENCE DEPARTING SAID NORTHWESTERLY RIGHT —OF --WAY OF CENTRAL BOULEVARD, RUN N3722'24"W A
DISTANCE OF 374.37 FEET; THENCE N52'37'369£ A DISTANCE OF 500.00 FEET TO THE SOUTHWtS'i tRLY RIGHT—OF—WAY OF
ASTRONAUT BOULEVARD, SAID POINT ALSO USING THE POINT OF BEGINNING.
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F1.A. CERT. NO, 5990
TFNS SKETCH HIS BEEN PREWRED FOR 711E EXCUUSNE USE OF THE:
PERSON, PERSONS OR OROMIZATION (DENIMS) BELOW AHD ITS
CERTIFICATION US HOH-TRANSFERABLE. AHY COPY HEREOF, TO BE
coRRIDERED VMJD. MUST BE Di90S4ED MWTH 1W SEAL OF A
REO{SIFREO SURVEYOR EMPLOYED BY THIS FIRM.
WAVE DEVELOPMENTS LLC
EXHIBIT 'A". SKETCH or LEGAL DESCRIPTION ONLY.
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Al I OF THE RECORDING INFORMATION CONTAINED
HEREIN REFERS TO THE PUBLIC RECORDS CF
BREVARD COUNTY, FLORIDA, UNLESS OTHERWISE
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EXHIBIT 'A". SKETCH OF LEGAL DESCRIPTION ONLY.
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LEGAL DESCRIPTION:
A PARCEL OF LAND LYING WITHIN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 3316.80 FEET OF SECTION 15 WITH THE
SOUTHWESTERLY RIGHT—OF—WAY OF ASTRONAUT BOULEVARD, A PUBLIC ROAD RIGHT—OF—WAY 100 FEET IN WIDTH, SAID
ROAD ALSO KNOWN AS STATE ROAD AIA, AND RUN S3T22124"E ALONG SAID SOUTHWESTERLY RIGHT—OF—WAY, A DISTANCE
OF 1255.12 FEET, TO THE NORTHEAST CORNER OF OFFICIAL RECORDS BOOK 5305, PAGE 1185, PUBUC RECORDS OF
BREVARD COUNTY, FLORIDA; THENCE CONTINUE S37'22'241 ALONG SAID SOUTHWESTERLY RIGHT—OF—WAY OF ASTRONAUT
BOULEVARD A DISTANCE OF 234.02 FEET, TO THE POINT OF BEGINNING.
THENCE CONTINUE S3T2724"E ALONG SAID SOUTHWESTERLY RIGHT—OF—WAY OF ASTRONAUT BOULEVARD A DISTANCE OF
218.04 FEET TO THE POINT OF CURVATURE OF THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
25.00 FEET, AND A CENTRAL ANGLE OF 100'00' 12"; THENCE RUN ALONG THE ARC OF SAID CURVE A LENGTH OF 43.83
FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID POINT ALSO LYING ON THE NORTHWESTERLY RIGHT—OF—WAY OF
CENTRAL BOULEVARD, AN EASEMENT 100 FEET IN WIDTH PER OFFICIAL RECORDS BOOK 2497, PAGE 2391, PUBUC
RECORDS OF BREVARD COUNTY, FLORIDA; THENCE RUN S63'37'48"W A DISTANCE OF 336.52 FEET TO THE POINT OF
CURVATURE; THENCE RUN 582'37'48"W ALONG THE NORTHWES FU LY RIGHT—OF—WAY OF CENTRAL BOULEVARD A DISTANCE
OF 336.52 FEET TO THE POINT OF CURVATURE OF AN ARC, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 561.05 FEET,
AND A CENTRAL ANGLE OF 744'08'; THENCE RUN ALONG THE ARC OF SAID CURVE A LENGTH OF 28.78 FEET; THENCE
DEPARTING SAID NORTHWESTERLY RIGHT—OF—WAY OF CENTRAL BOULEVARD, RUN N37*2724"W A DISTANCE OF 178.92 FEET;
THENCE 1+152'37'364E A DISTANCE OF 387.00 FEET TO THE SOUTHWESTERLY RIGHT—OF—WAY OF ASTRONAUT BOULEVARD,
SAID POINT ALSO BEING THE POINT OF FIFGINN1NG.
CONTAINING: B2497.44 SQUARE FEET, OR 1.894 ACRES, MORE OR LESS.
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SHEET
PROJE
CERT1` ON
I HEREBY CERTIFY THAT THIS
MEETS E MINT -
CODE. PURSUANT-YO
MY RESPONSIBLE CHARGE AND
SET FORTH BY THE BOARD OF
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027 OF T'E FLDRIDA STATUTES.
CHRISTOPHER S. BOWERS P.S.M.
b CERT. jM01 5990
TMIIS SKETCH HAS BEEN PREPARED FUR THE EXCLUSIVE USE Of THE
PERSON. PERSONS OR ORGANIZATION I)(NWIED BELON MD fIS
CERTIFICATION IS NON-TR14 BLE. ANY COPY HEREOF, TO BE
CONSIDERED VAUD, MUST BE EMBOSSED WITH 11E SEAL OF A
MASTERED SURVEYOR DIPLOhEM Fff THIS FNRAL
WAVE DEVELOPMENTS LLC
EXHIBIT A. SKETCH OF LEGAL DESCRIPTI
NOT A BOUNDARY SURVEY,.
ORGAN
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srrrN I,Johorr'i 13hrr1,Abell utm. Fi. 12V5
Phone (32; } 751-fiO X Fax M1) 751.60 89 — LA 7040
Prepared by and retum to:
Mitchell S. Goldman, Esquire
96 Willard Street, Suite 302
Cocoa, FL 32922
Resolution No. 2019-26
Exhibit "C"
DECLARATION OF COVENANTS
THIS DECLARATION OF COVENANTS is made this day of
20 , by Wave Developments LLC, a Florida limited liability company ("Wave").
WHEREAS, Wave owns that certain real property described in Exhibit "A" attached hereto
("Parent Parcel"); and,
WHEREAS, Wave wants to split out and separate a portion of the Parent Parcel as
described in Exhibit "B" attached hereto ("Split -Out Parcel"); and,
WHEREAS, Wave will own the real estate described in Exhibit "C" once the Split -Out
Parcel is recorded ("Remaining Parcel"); and
WHEREAS, the City of Cape Canaveral ("City") will not permit the proposed lot split
absent certain assurances from Wave as set forth herein;
WHEREAS, this Declaration of Covenants is being recorded in accordance with the
requirements of Section S.H. of the Port of Call Facility Development Agreement between Wave
and the City, which is dated November 17, 2019 and recorded at Brevard County Official Records
Book 8542, page 727 ("Development Agreement"); and
NOW THEREFORE, for good and valuable consideration, Wave declares as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. As a condition of the proposed split out and development of the Split -Out Parcel,
the City will require that Wave comply with all applicable building and zoning requirements. In
addition, as to both the Split -Out Parcel and Remaining Parcel, Wave hereby grants each respective
Parcel a blanket easement over the other for purposes of: (a) legally adequate parking for the Split -
Out Parcel and Remaining Parcel; (b) legally adequate drainage, stormwater, and utility easements
and agreements servicing the Split -Out Parcel and Remaining Parcel; and, (c) legally adequate
access to and from the Split -Out Parcel and the Remaining Parcel.
3. These covenants shall run with the land forever, and are not subject to the doctrine
of merger because Wave owns both the Split -Out Parcel and Remaining Parcel. However, should
Wave decide not to proceed with recording the Split -Out Parcel, it may terminate this Declaration.
Dated this day of , 20 .
Witnesses: Wave Developments LLC
By:
Print Name: Oshri Gal, Member
Print Name:
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
, 20 , by Oshri Gal, as Member of Wave Developments LLC.
Notary Public
Personally Known ❑ or Produced Identification ❑
Pursuant to the terms and conditions of Section S.H. of the Development Agreement,
this Declaration of Covenants is hereby accepted and relied upon by the City of Cape Canaveral
as a condition of the aforementioned split out and development of the split -out parcel.
Todd Morley, Interim City Manager
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/17/2019
Item No. 4
Subject: Resolution No. 2019-27; appointing a member 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. (Marlene Woodside)
Department: Legislative
Summary: At its November 20, 2019 Meeting, the Culture and Leisure Services (CLS) Board
interviewed one applicant to fill a vacancy and voted to recommend Marlene Woodside for
appointment.
Ms. Woodside will be filling the last year of a three-year term on the CLS Board that was vacated
by Council Member Mickie Kellum when she was elected to City Council.
Following completion of this term, Ms. Woodside will be eligible for reappointment to the CLS
Board, consistent with the limitations set forth in Section 2-171(f), City Code.
It is now incumbent upon City Council to appoint a member to the CLS Board.
Submitting Department Director: Mia Goforth ' Date: 12/6/19
Attachment:
Resolution No. 2019-27
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/10/19
The Interim City Manager recommends City Council take the following action:
Adopt Resolution No. 2019-27.
Approved by Interim City Manager: Todd Morley Date: 12/6/19
RESOLUTION NO. 2019-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA; APPOINTING A MEMBER 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 a member 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 individual to the
following board:
Marlene Woodside shall be appointed to the Culture and Leisure Services Board for an
existing, unexpired term, to serve until October 1, 2020.
Following completion of this term, appointee shall be eligible for reappointment to the board for
additional terms 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 17th day of December, 2019.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2019-27
Page 1 of 2
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
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Resolution No. 2019-27
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/17/2019
Item No. 5
Subject: Award Agreement for Code Enforcement Special Magistrate Services to Fishback
Dominick and authorize Mayor to execute Agreement for same.
Department: Community Development
Summary: With the issuance of Request for Qualifications (RFQ) 2019-01 (Attachment 1), the
City solicited qualifications from Florida licensed attorneys to provide Code Enforcement
Special Magistrate (Magistrate) services. This was in furtherance of the adoption of the 2018
edition of the International Property Maintenance Code (IPMC) that required a Magistrate be
appointed to handle IPMC appeals and related matters.
In addition, at its June 18, 2019 Meeting, Council adopted Ordinance No. 11-2019 which
updated the City's general Code Enforcement regulations and provided an option of appointing
a Magistrate to handle other general Code Enforcement cases in lieu of the City's Code
Enforcement Board.
With respect to the Magistrate process, all hearings are open to the public, at which cases will
be presented by a Code Enforcement Officer. All testimony will be given under oath and shall
be recorded. The burden of proof shall be upon the City to show, by a preponderance of
evidence, that a violation exists. The Magistrate shall take testimony from the Code Enforcement
Officer, alleged violator and any relevant witnesses.
Formal rules of evidence shall not apply, but fundamental due process shall be observed and
shall govern these hearings. At the conclusion of the hearing, the Magistrate shall issue findings
of fact, based on the evidence and conclusions of law, and shall issue an order. The order shall
be read aloud at the hearing and shall be reduced to writing and mailed to the alleged violator.
The order may be recorded in the public records of Brevard County.
An aggrieved party may appeal a final order of the Magistrate within 30 days. All appeals shall
be filed to the Brevard County Circuit Court. A request for satisfaction, release or reduction of
a Code Enforcement lien shall be considered by the City Council. The Magistrate shall comply
with Florida's Public Records Act.
As indicated above, RFQ 2019-01 was prepared to solicit proposals from interested parties and
advertised on July 11, 2019, with a submittal deadline of August 23, 2019. One firm, Fishback
Dominick, submitted a timely response to the RFQ (Attachment 2). Mr. Richard Geller, a partner
with Fishback Dominick, is listed as the party to provide Magistrate services. To provide ample
opportunity for submittals, a two -week extension to September 6, 2019 was provided. No
additional responses were submitted.
Mr. Geller is certified by the Florida Bar to practice City, County and Local Government Law.
He serves as the Assistant City Attorney for Winter Park, Winter Garden, Belle Isle and DeBary.
He is Counsel to Winter Park on Code Enforcement matters, attends Code Compliance Board
meetings and has successfully defended appeals to the Orange County Circuit Court. The RFQ
indicates he will not charge for travel time to or from the City for Magistrate hearings.
City Council Meeting
Date: 12/17/2019
Item No. 5
Page 2 of 3
Per the proposed Agreement, the City shall pay Special Magistrate a minimum base fee of Five
Hundred Sixty -Two and 50/100 Dollars ($562.50) per scheduled hearing ("Base Fee"). The
Base Fee shall include preparation for the scheduled hearing and up to two and one-half hours
of Special Magistrate time during the hearing and shall also include travel time to and from the
hearing. Special Magistrate shall receive Two Hundred Twenty -Five Dollars ($225.00) per hour
for any additional time required to be expended by the Special Magistrate in furtherance of his
duties and responsibilities required by this Agreement. Special Magistrate shall not charge for
routine office expenses such as phone calls, overhead and clerical and secretarial services.
However, Special Magistrate shall receive cost reimbursement for any reasonable out-of-pocket
expenses such as postage, process servers and copying charges.
The Agreement shall be for a term of twenty-four (24) months and, upon mutual agreement of
the parties, may be renewed for three (3) additional one (1) year terms. The City may terminate
the Agreement without prior notice. The Magistrate may terminate the Agreement by providing
thirty (30) days written notice. Note that the RFQ indicated an initial term of one (1) year, unless
otherwise directed by the City Council.
RFQ 2019-01 established a Scope of Work for the selected candidate to include the following:
• The Magistrate shall conduct hearings as provided in Chapter 162, Florida Statutes and City
of Cape Canaveral Ordinances related to the enforcement of the City of Cape Canaveral
Code of Ordinances, other adopted ordinances, land development regulations, permits and
policies of the City of Cape Canaveral.
• The Magistrate agrees to observe all pertinent laws in the exercise of his or her duties,
including, but not limited to, the Sunshine Law, the Public Records Law, Chapter 112 of
the Florida Statutes relating to conflicts of interest and laws relating to procedures for quasi-
judicial hearings.
• The Magistrate shall serve at the pleasure of City Council and shall not be deemed an
employee of the City.
• The City shall provide such clerical and administrative personnel as deemed reasonably
necessary to support the Magistrate's activities and assist in the proper performance of
duties. The Magistrate shall not be authorized to engage, hire or use any person, except
those provided by the City to assist in the performance of duties, at the City's expense.
• The jurisdiction of the Magistrate is not exclusive. An alleged violation of a code provision
may be pursued by another remedy at the option of the City Manager and nothing shall
prevent the City from taking such other lawful action, including but not limited to resorting
to equitable actions.
• The Magistrate shall serve a one (1) year term, which shall be automatically extended on a
yearly basis unless otherwise directed by City Council prior to the expiration of the current
term. Selection of a Magistrate to assist with a particular case shall be decided on a rotation
basis if more than one Magistrate is selected to serve by City Council or City Manager.
• All other relevant assignments relating to Code Enforcement Magistrate services, as may
be requested.
City Council Meeting
Date: 12/17/2019
Item No. 5
Page 3 of 3
RFQ 2019-01 also established minimum qualifications for the successful candidate:
• Must be a member in good standing of The Florida Bar for a minimum of five (5) years and
otherwise meet the requirements set forth in City Ordinance Nos. 05-2019 and 11-2019;
• Be engaged in the practice of law;
• Shall carry and provide proof of $1,000,000 professional/malpractice insurance before
award of contract;
• Be knowledgeable of Florida law and the code enforcement process, the International
Property Maintenance Code (2018 edition or previous recent editions) and the City of Cape
Canaveral's Code of Ordinances; and
• Must not, at the time or appointment and during tenure as Magistrate, simultaneously serve
another "office" in violation of Florida's dual office prohibition.
Mr. Geller meets and oftentimes exceeds the minimum qualifications established in the RFQ.
Submitting Department Director: David Dickey Date: 12/10/19
Attachment:
1. RFQ 2019-01
2. August 23, 2019 RFQ Opening Minutes
3. RFQ 2019-01 Response — Fishback Dominick
4. Agreement for Special Magistrate
Financial Impact: Five Hundred Sixty -Two and 50/100 Dollars ($562.50) per scheduled
hearing funded by the General Fund plus hourly, as needed. Cost of advertisement and
codification; Staff time and effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/10/19
The Interim City Manager recommends City Council take the following actions:
1. Award Agreement for Code Enforcement Special Magistrate Services; and
2. Authorize Mayor to execute Agreement for same.
Approved by Interim City Manager: Todd Morley Date: 12/10/19
Attachment 1
Request for Qualifications to
Provide Special Magistrate
Services for Code Enforcement
RFQ 2019-01
City of Cape Canaveral, Florida
CITY OF
CAPE CANAVERAL
Due: August 23, 2019
9:00 A.M. EST
REQUEST FOR QUALIFICATIONS
RFQ 2019-01 - Code Enforcement Special Magistrate
The City of Cape Canaveral, Florida, hereinafter referred to as the "City", is soliciting qualified
Florida licensed attorneys to provide code enforcement special magistrate services in accordance
with City of Cape Canaveral Ordinances Nos. 05-2019 and 11-2019 and Florida Statutes Chapter
162. Currently, the City has a code enforcement board that handles code enforcement cases.
However, the City Council recently enacted Ordinance No. 05-2019, which adopted the 2018
edition of the International Property Maintenance Code ("IPMC") and requires that a special
magistrate be appointed by the City Council to handle future IPMC appeals and related matters.
In addition, the City Council also recently enacted Ordinance No. 11-2019 which updated the
City's general code enforcement regulations and provides the City Council with the option of
appointing, at its discretion, a special magistrate in the future to handle other general code
enforcement cases in lieu of the City's code enforcement board. Therefore, the successful
Respondent(s) shall not only handle IPMC cases, but may also be requested to handle general code
enforcement cases depending on the City Council's decision to appoint a special magistrate for
general code enforcement cases. Work load under this assignment may vary from time to time
depending on the number of active IPMC and general code enforcement cases.
Copies of the aforesaid Ordinances are on the City's website or may be obtained from the City
Clerk's office. The City Code is published on Municode.com. To be considered, please submit
three (3) sealed statements of qualifications and a thumb drive ("Qualification Package") in one
sealed envelope entitled "RFQ 2019-01 Special Magistrate" to the City of Cape Canaveral
Community Development Director, 100 Polk Avenue, Cape Canaveral, Florida 32920 until 9:00
A.M. EST, August 23, 2019. Late submittals and facsimile or email submissions will not be
considered. The Respondent shall bear all costs associated with the preparation and submission.
Information submitted in response to this RFQ will become the property of the City and is subject
to Florida public records law.
Tentative RFO Schedule
The City's schedule (timetable) for this Solicitation is as follows:
Advertising July 11, 2019
Deadline for Questions August 8, 2019
Proposal Due Date (9:00 A.M.) August 23, 2019
Evaluation Committee Meeting TBD
City Council Meeting September 17, 2019
Acceptance and Rejections
The City reserves the right to reject any or all submissions with or without cause; to waive any or
all irregularities with regard to the specifications and to select the Respondent offering the greatest
benefit to the City. Questions, clarification or further information regarding the RFQ may be
obtained at m.goforth@,cityofcapecanaveral.org or d.lefever@,cityofcapecanaveral.org. The City
reserves the right to withdraw this RFQ or delay or modify the above dates and timeline as needed.
City of Cape Canaveral
RFQ 2019-01
Page 2 of 6
INSTRUCTIONS TO RESPONDENTS
DISQUALIFICATION OF RESPONDENTS:
A. NON -COLLUSION AFFIDAVIT: Each Respondent must complete the attached Affidavit
of Non -Collusion (See Exhibit A) and include it with the submittal. Failure to submit a
correctly executed Affidavit of Non -Collusion shall be grounds for rejection of a response to
this RFQ. If it is discovered that collusion exists among the Respondents then the response of
all participants shall be rejected and no participants will be considered in future responses for
the same work.
B. PUBLIC ENTITY CRIMES: Any person 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 services to a public entity, as provided in Section 287.133(2)(a), Florida Statutes. Any
Respondent who shall perform work which is intended to benefit the City shall not be a
convicted vendor. The Respondent further understands and accepts that any contract issued
as a result of this solicitation shall be either voidable by the City or subject to immediate
termination by the City, in the event there is any misrepresentation or lack of compliance with
the mandates of Section 287.133, Florida Statutes. The City, in the event of such termination,
shall not incur any liability to the Respondent for any work. Respondent is required to sign
the "Sworn Statement on Public Entity Crimes" attached as Exhibit B to this RFQ.
C. CONFLICT OF INTEREST: Any Respondent who is deemed to have a conflict of interest
prohibited by Chapter 112, Florida Statutes or by the Rules of Professional Conduct of The
Florida Bar, shall be disqualified.
D. LOBBYIST DISCLOSURE: Under no circumstances shall any Respondent, or any person
or persons acting for or on behalf of any Respondent, seek to influence or gain the support of
any member of City Council or Staff favorable to the interest of any Respondent, or seek to
influence or gain the support of any member of City Council or Staff against the interest of
any other Respondent. From the date of issuance of this RFQ until final action by City
Council, Respondents are not to discuss the RFQ or any part thereof with any employee, agent
or any other representative of the City except as expressly authorized herein. The only
communications that shall be allowed with regard to this RFQ are requests for clarification of
the RFQ addressed to the City Clerk and submission of the Response. Any activities contrary
to this paragraph may result in the exclusion of the Respondent from consideration by the
City.
E EXANIINATION OF RFQ DOCUMENTS: Each Respondent shall examine the RFQ and
other contract documents and inform him or herself regarding any and all conditions and
requirements that may affect cost, progress or performance of the work to be performed under
the contract. Ignorance on the part of the Respondent in no way relieves the Respondent of
the obligations and responsibilities assumed under the contract.
F. SCOPE OF WORK: The scope of work to be performed by the awarded firm/individual
consists of, but is not limited to, the following:
City of Cape Canaveral
RFQ 2019-01
Page 3 of 6
• The Special Magistrate shall conduct hearings as provided in Chapter 162, Florida Statutes
and City of Cape Canaveral Ordinances related to the enforcement of the City of Cape
Canaveral Code of Ordinances, other adopted ordinances, land development regulations,
permits and policies of the City of Cape Canaveral.
• Special Magistrate agrees to observe all pertinent laws in the exercise of his or her duties,
including, but not limited to, the Sunshine Law, the Public Records Law, Chapter 112 of
the Florida Statutes relating to conflicts of interest and laws relating to procedures for
quasi-judicial hearings.
• The Special Magistrate shall serve at the pleasure of City Council and shall not be deemed
an employee of the City.
• The City shall provide such clerical and administrative personnel as deemed reasonably
necessary to support the Special Magistrate's activities and assist in the proper performance
of duties. The Special Magistrate shall not be authorized to engage, hire or use any person,
except those provided by the City to assist in the performance of duties, at the City's
expense.
• The jurisdiction of the Special Magistrate is not exclusive. An alleged violation of a code
provision may be pursued by another remedy at the option of the City Manager and nothing
shall prevent the City from taking such other lawful action, including but not limited to
resorting to equitable actions.
• The Special Magistrate shall serve a one (1) year term, which shall be automatically
extended on a yearly basis unless otherwise directed by City Council prior to the expiration
of the current term. Selection of a Special Magistrate to assist with a particular case shall
be decided on a rotation basis if more than one Special Magistrate is selected to serve by
City Council or City Manager.
• All other relevant assignments relating to code enforcement Special Magistrate services,
as may be requested.
G. QUALIFICATIONS:
• Must be a member in good standing of The Florida Bar for a minimum of five (5) years
and otherwise meet the requirements set forth in City Ordinances Nos. 05-2019 and 11-
2019; and
• Be engaged in the practice of law; and
• Shall carry and provide proof of $1,000,000 professional/malpractice insurance before
award of contract; and
• Be knowledgeable of Florida law and the code enforcement process, the International
Property Maintenance Code (2018 edition or previous recent editions) and the City of Cape
Canaveral's Code of Ordinances; and
• Must not, at the time or appointment and during tenure as Special Magistrate,
simultaneously serve another "office" in violation of Florida's dual office prohibition.
Preference may be given to those attorneys who have prior local government experience,
experience in a judicial capacity, certification by The Florida Bar in an appropriate area or
experience as a hearing officer, mediator, arbitrator or special magistrate. Residency in the
City of Cape Canaveral is not required.
City of Cape Canaveral
RFQ 2019-01
Page 4 of 6
FL INDEMNIFICATION: Respondent shall agree to indemnify and hold harmless the City,
its Council members, officers, employees and agents from all actions, claims, penalties,
judgments, liabilities, losses and causes of action which may arise out of its fulfillment of
the contract awarded pursuant to this RFQ. Respondent shall defend the City and shall pay
all reasonable expenses incurred by the City in defending itself, with regard to all damages
and penalties the City may legally be required to pay as a result of the negligence of the
Respondent as aforesaid. Nothing in this indemnification is intended to constitute a waiver
of the City's limitation on liability as set forth in Section 768.28, Florida Statutes. This
covenant shall survive the expiration or termination of this Request for Qualifications. This
provision shall not be construed to require Respondent to indemnify the City in situations
wherein their rulings are appealed in the ordinary course as provided by law.
L PUBLIC RECORDS: The Special Magistrate shall comply with Florida's Public Records
Act, Chapter 119, Florida Statutes. If determined to be acting on behalf of the City as
provided under Section 119.011(2), Florida Statutes, the Special Magistrate specifically
agrees to:
(1) Keep and maintain public records required by the City to perform the service.
(2) Upon request from the City's custodian of public records or designee, provide the City
with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes or as otherwise provided by law.
Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract and following completion of the contract if the special magistrate does not
transfer the records to the City.
(4) Upon completion of the contract term, transfer, at no cost, to the City, all public
records in possession of the Special Magistrate or keep and maintain public
records required by the City to perform the service. If the Special Magistrate
transfers all public records to the City upon the completion of the contract, the
Special Magistrate shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Special Magistrate keeps and maintains public records upon completion of the
contract, the Special Magistrate shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
City, upon request from the City's custodian of public records or designee, in a
format that is compatible with the information technology of the City.
IF THE SPECIAL MAGISTRATE, AS CONTRACTOR, HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SPECIAL MAGISTRATE'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS OR DESIGNEE AT 321-868-1220
x201, m.goforth@,cityofcapecanaveral.org OR BY MAIL TO MIA GOFORTH,
CITY CLERK, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920.
(3)
City of Cape Canaveral
RFQ 2019-01
Page 5 of 6
ASSIGNMENT: The Special Magistrate shall not assign, transfer, convey, sublet or
otherwise dispose of the contract, or of any or all of its rights, title or interest therein,
or the Special Magistrate' s power to execute such contract to any person, company or
corporation without prior written consent of the City. Such consent may be withheld
for any reason in the sole discretion of City Council.
K. RESPONSE FORMAT AND REQUIRED INFORMATION: All Responses shall
include the following information, organized in a clear and concise manner:
• Title Page. This shall show the individuals name, physical address, telephone
number, email address and date.
• Brief Profile and Statement (2-page maximum), providing a history of your
experience and expertise as it relates to this position.
• Up-to-date Resume.
• Statement of local availability and degree of accessibility to the City.
• Respondent may submit hourly rates for Code Enforcement Special Magistrate
Services or a flat rate per case. Either option shall include billing for review of
complaints, research and attendance at hearings.
• Three (3) professional references.
• Preferred day and time for special magistrate hearings.
• Statement as to whether any relationship or work of the Respondent
(individually or as a firm, if applicable) presents a potential or actual conflict of
interest pursuant to Chapter 112, Florida Statutes or by the Rules of Professional
Conduct of The Florida Bar.
L. SELECTION PROCESS
After the proposals are opened by the Community Development Director, a list of
proposals received will be posted on the City of Cape Canaveral's website. Thereafter,
the proposals shall be reviewed by an Evaluation Committee consisting of the City
Manager, Community Development Director and the City Planner or such other
person(s) appointed by the City Manager. The City Attorney shall be an advisor to the
Evaluation Committee and the City Council. The Evaluation Committee shall make
recommendations to City Council for the appointment of a Special Magistrate(s). The
City Council will appoint, in its sole discretion, the Special Magistrate(s) that the City
Council determines is in the best interests of the City. A contract will subsequently be
prepared and executed between the Special Magistrate(s) and the City setting forth the
specific terms and conditions of the engagement consistent with the RFQ.
M RESERVATION OF RIGHTS
The City reserves the right to modify the specifications in this RFQ as needed based
on the responses received if in the best interest of the City.
City of Cape Canaveral
RFQ 2019-01
Page 6 of 6
Exhibit A
AFFIDAVIT OF NON -COLLUSION
RFQ #2019-01
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
STATE OF FLORIDA
COUNTY OF
Being first duly sworn, affiant deposes and says that:
1. He/she is
Respondent that has submitted the attached Response;
of , the
2. He/she is fully informed respecting the preparation and contents of the attached Response and of
all pertinent circumstances respecting such Response;
3. Such Response is genuine and is not a collusive or sham Response;
4. Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or
agreed, directly or indirectly with any other Respondent, firm, or person to submit a collusive or sham
Response in connection with the contract for which the attached Response has been submitted or to refrain
from responding in connection with such contract, or has in any manner, directly or indirectly, sought by
agreement or collusion or communication or conference with any other respondent, firm, or person to fix
the rate or rates in the attached Response or of any other respondent, or to fix any overhead, profit, or cost
element of the Response price or the response price of any other respondent, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Cape Canaveral
or any person interested in the proposed contract; and
5. The rate or rates quoted in the attached Response are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Respondent or any of its agents,
representatives, owners, employees, or parties in interest, including this affiant.
Signature
The foregoing instrument
Date
was acknowledged before me this day of , 20 , by
(name of person whose
(title) of
the person described herein, or who produced
identification, and who did/did not take an oath.
signature is being notarized) as
(Name of Vendor), known to me to be
(type of identification) as
Notary Signature
Name:
My Commission Expires:
Commission Number:
Exhibit B
SWORN STATEMENT ON PUBLIC ENTITY CRIMES
UNDER FLORIDA STATUTES
RFQ #2019-01
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted by , on behalf of
whose business address is
and (if applicable) Federal Employer
Identification Number (FEIN) is
2. I understand that a "public entity crime" as defined in Florida Statutes 287.133(1)(g) means a
violation of any state or federal law by a person with respect to and directly related to the transaction
of business with any public entity or with an agency or political subdivision of any other state or with
the United States, including, but not limited to, any bid or contract for goods or services, any lease for
real property, or any contract for the construction or repair of a public building or public work,
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Florida Statutes 287.133(1)(b)
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or
nolo contendere.
4. I understand that an "affiliate" as defined in Florida Statutes 287.133(1)(a) means:
A predecessor or successor of a person convicted of a public entity crime or an entity under the control
of any natural person who is active in the management of the entity and who has been convicted of a
public entity crime. The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another person, or a pooling of
equipment or income among persons when not fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined by Florida Statutes 287.133(1)(e) means any natural
person or entity organized under the laws of any State or of the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or
which otherwise transects or applies to transact business with a public entity. The term "person"
includes those officers, directors, executives, partners, shareholders, employees, members, and agents
who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation
to the entity submitting this sworn statement. Please indicate which statement applies:
Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity, nor
any affiliate of the entity, were charged with and convicted of a public entity crime after July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity, or
an affiliate of the entity, has been charged with and convicted of a public entity crime after July 1, 1989
AND - please indicate which additional statement applies:
The entity submitting this sworn statement, or one of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity, was charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings, and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. (Attach a copy of the final order.)
I understand that the submission of this form to the City of Cape Canaveral is for the City of Cape
Canaveral only. I also understand that I am required to inform the City of Cape Canaveral prior to
entering into a contract in excess of $25,000 of any change in the information contained in this form.
Signature Date
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
(name of person whose signature is being notarized) as
(title) of (Name of Vendor), known to me
to be the person described herein, or who produced (type of identification)
as identification, and who did/did not take an oath.
Notary Signature
Name:
My Commission Expires:
Commission Number:
Attachment 2
CITY OF CAPE CANAVERAL
Request for Quotes
CODE ENFORCEMENT SPECIAL MAGISTRATE
RFQ #2019-01
City of Cape Canaveral City Hall
Conference Room A
100 Polk Avenue
Cape Canaveral, Florida 32920
MINUTES
Friday
August 23, 2019
9:05 A.M.
CALL TO ORDER: Community Development Director David Dickey called the Meeting to order
at 9:05 P.M.
Others present:
Patrice Huffman, Senior Secretary
Daniel LeFever, Deputy City Clerk
Director Dickey proceeded to open the submittal received and announced the results:
CODE ENFORCEMENT SPECIAL MAGISTRATE — RFQ #2019-01:
Firm
Fishback Dominick
Location
Winter Park, FL
Attorney
Richard S. Geller
Director Dickey stated the submittal would be reviewed and recommendation presented to City
Council at a future meeting and adjourned the meeting at 9:08 A.M.
Daniel LeFever, Deputy City Clerk
Attachment 3
RFQ 2019-01
CODE ENFORCEMENT SPECIAL MAGISTRATE
August 21, 2019
Respondent:
Richard S. Geller
Fishback Dominick
1947 Lee Road
Winter Park, FL 32789
(407) 262-8400
rgeller@fishbacklaw. com
FISHBACK DOMINICK
ATTORNEYS AT LAW
1947 LEE ROAD
WINTER PARK, FLORIDA 32789-1834
G. BEN FISHBACK (1893-1963)
JULIAN K. DOMINICK (1924-2003)
MARK F. AHLERS
*A. KURT ARDAMAN
CHRISTOPHER R. CONLEY
KURT H. GARBER
RICHARD S. GELLER
ERIC B. JONTZ
LANCE D. KING
* DANIEL W. LANGLEY
MICHAEL D. TEMPKINS
OF COUNSEL
JOHN F. BENNETT
JEFFRY R. JONTZ
DAVID H. POPPER
CHARLES R. STEPTER, JR.
VIA EXPRESS MAIL
Mr. David Dickey
Community Development Director
City of Cape Canaveral
City Hall
100 Polk Avenue
Cape Canaveral, Florida 32920
August 21, 2019
RE: RFQ 2019-01— Code Enforcement Special Magistrate
Brief Profile and Statement
Dear Mr. Dickey and members of the Evaluation Committee:
TEL (407) 262-8400
FAX (407) 262-8402
WWW. FISH BAC KLAW.COM
FLORIDA BAR BOARD CERTIFIED IN
* CITY, COUNTY AND LOCAL GOVERNMENT
I am writing in response to the City's Request for Qualifications to express my strong
interest in the position of Code Enforcement Special Magistrate. I am board certified by the
Florida Bar in City, County, and Local Government Law. Board certification requires a rigorous
evaluation of legal knowledge, experience, competency, and professionalism.
I am counsel to the City of Winter Park on code enforcement matters, attend their Code
Compliance Board meetings, and have successfully defended code enforcement appeals to the
Orange County Circuit Court. I have practiced law for 27 years, the last decade as an assistant city
attorney and litigator for our firm's municipal clients the cities of Belle Isle, DeBary, Longwood,
Winter Garden, and Winter Park. I very much enjoy my practice.
I obtained my J.D., cum laude, from Temple University in Philadelphia, where I served as
an associate research editor on the Temple Law Review. I interned with two United States District
Court Judges, for whom I drafted numerous judicial opinions. As an Orange County Planning and
Zoning Board Commissioner for several years, I decided zoning matters in countless quasi-judicial
hearings. I taught land use law to Master of Planning students as an adjunct professor at Rollins
College.
FI^-'IHEIBACK, DOMINICK, BENNETT, A 1 1D MANS AEILEES, LANGLEY & GELLER 7.11,11)
Evaluation Committee
City of Cape Canaveral
August 20, 2019
Page 2
Fishback Dominick, one of Central Florida's oldest law firms, has provided the highest
quality legal services since 1935. Martindale -Hubbell rates our firm, and me, AV -Preeminent, the
highest in competency and ethical standards, based on reviews by other attorneys. Martindale -
Hubbell has included Fishback Dominick on The Bar Register of Preeminent Lawyers, consisting
of the most distinguished law firms in the United States.
In accordance with the RFQ, I am enclosing an updated Resume, a Statement of Local
Availability and Accessibility, a proposed Fee Schedule, three Professional References from city
officials for whom I have provided legal services, a Statement of Preferred Days and Times, a
Statement of Non -Conflict, as well as an Affidavit of Non -Collusion and Sworn Statement on
Public Entity Crimes.
If selected, I will uphold the City of Cape Canaveral's ordinances, Florida Statutes Chapter
162 governing code enforcement, and will conduct hearings with fairness and professionalism. I
would very much appreciate an opportunity to meet with the Evaluation Committee and City
Council. Thank you for your kind consideration.
Very truly yours,
Richard S. Geller
RSG
Enclosures
S:\RSG\Fishback Dominick\Responses to Municipal Request for Proposals\City of Cape Canaveral - Special Magistrate 2019\Letter to City Clerk
re Code Enforcement Special Magistrate position - rsg - 8 20 19.docx
FISHBACK DOMINICK
ESTABLISHED 1935
ATTORNEYS AND COUNSELORS AT LAW
THE FLORIDA BAR
BOARD CERTIFIED
CITY, COUNTY &
LOCAL
GOVERNMENT LAW
AV
AV PREEMINENT
Martindale-Hubbeir
Lawyer Ratings
Fishback Dominick
1947 Lee Road
Winter Park, FL 32789
(407) 262-8400
rgeller@fishbacklaw.com
About Fishback Dominick
Fishback Dominick. one of Central
Florida's oldest law firms, has
provided the highest quality legal
services since 1935. Martindale -
Hubbell rates our firm AV -
Preeminent. the highest in
competency and ethical standards.
Martindale -Hubbell has included
Fishback Dominick on The Bar
Register of Preeminent Lawyers,
consisting of the most distinguished
law firms in the United States.
Our firm has extensive experience as
City Attorneys for Belle Isle, DeBary,
Longwood, Winter Garden, and
Winter Park. At the request of other
city attorneys, we serve as special
counsel to their cities on various
matters.
The Florida Supreme Court has
awarded Fishback Dominick the
Chief Justice's Law Firm
Commendation for Pro Bono Service
to the underprivileged.
RICHARD S. GELLER, PARTNER
PRACTICE AREAS
• Local Government Law
The Florida Bar board certified Mr. Geller in City, County, and Local Government Law. He
serves as assistant city attorney for Winter Park, Winter Garden, Belle Isle, and DeBary,
Florida. He focuses on representing municipal clients in litigation.
• Code Enforcement
Mr. Geller is counsel to Winter Park on code enforcement matters, attends Code Compli-
ance Board meetings, and has successfully defended appeals to the Orange County
Circuit Court.
• Litigation
For 27 years, Mr. Geller has litigated and gone to trial on a wide variety of issues. includ-
ing claims of fraud, breach of contract, breach of fiduciary duty, breach of trust, interfer-
ence with business relations, deceptive and unfair trade practices, unfair debt collec-
tions, replevin, evictions. foreclosures, and criminal racketeering.
• Land Use and Development
Mr. Geller selectively represents land owners and developers in land use and zoning
entitlement matters.
EDUCATION AND HONORS
Temple University, Juris Doctor, cum /aude (1992)
Member(1990-1991) and Associate Research Editor, Temple Law Review (1991-1992)
Miami University (Oxford, Ohio), Bachelor of Arts (1988)
JUDICIAL INTERNSHIPS
Judicial Intern to U.S. District Judge Stanley Brotman, District of NewJersey (1991-1992)
Judicial Intern to U.S. District Judge Carl B. Rubin, Southern District of Ohio (1991)
QUASI-JUDICIAL EXPERIENCE
District 1 Commissioner, Orange County Planning & Zoning Commission (2009-2012)
Mr. Geller passed judgment on private sector rezoning applications as well as staff's
legislative proposals to amend the zoning code and add Smart Growth concepts to the
Comprehensive Plan. Mr. Geller played a key role in re -drafting the Horizon West Code.
RATINGS
AV —Preeminent peer -review rated by Martindale -Hubbell (2006-present)
"Orlando's Top Lawyers ," Orlando Home & Leisure Magazine (2010-present)
COURTS OF PRACTICE:
All State of Florida Courts (Admitted in Florida in 1997)
United States District Courts, Florida Middle and Southern Districts
United States Court of Appeals for the Eleventh Circuit
LEGAL PUBLICATIONS:
"The Legality of Form -Based Zoning Codes," 26 Journal of Land Use and Environmental Law
(Florida State University College of Law), Number 1 (Fall 2010), available at:
http://www.law.fsu.edu/journals/landuse/vo126 1/geller.pdf)
Richard S. Geller
LEGAL PUBLICATIONS (CONT'D) •
"Civil' Procedure—Expandingthe Minimum Contacts Doctrine," 64 Temp/e_LawReview 1025 (1991).
TEACHING EXPERIENCE:
Adjunct Professor, Rollins College, Master of Planning in Civic Urbanism program (2011-2014).
Mr. Geller taught Land Use Law, including transportation regulation, the drafting of conventional as well as cutting -edge: form -based
zoning codes, and supervised independent studies by master of planning students.
VOLUNTEER COMMUNITY ACTIVITIES:
Chair, Congress for the New Urbanism —Florida chapter (2018-present)
Vice -Chair (2018-present), and Board Member (2013-present),Bike Walk Central Florida
Winter Park Health Foundation, (2013-2017)
THE FLORIDA BAR
BOARD CERTIFIED
CITY, COUNTY &
LOCAL
GOVERNMENT LAW
AV
AV PREEMINENT
Martindale-Hubbeir
Lawyer Ratings
Mr. Geller is a strong and effective advocate, known for thorough research, attention to detail, persistence, and persuasiveness. A
civil trial attorney for 27 years, Mr. Geller has represented public and private sector clients in the areas of °.business and general litiga-
tion aswell as land use law in'Federal and State Courts. Recent municipal litigation experience includes:
• Successful defense of code compliance appeals to the Circuit Court, including for unauthorized tree removal and plant-
jngs and construction without a permit.
• . Successful defense of.a municipality in aft appeal to the United States District Court by an applicant denied a special
exception to build a cell tower. The case was dismissed in response to a summary judgment motion prepared by Mr. Geller.
• • Successful defense of a municipality in lawsuit brought by a disgruntled contractor seeking payment after defaulting on
a sewer construction project. Mr. Geller won the case on summary judgment, including a judgment for attorneys fees.
• Represented a municipality in multi -party' construction, litigation relating to the installation of a defective underground
stormwater sewer systems. The case settled.
• Represented a municipality in litigation against an IT firm that installed unlicensed software'on the City's computers and
misrepresented hardware purchased. The, case settled.
Earlier in his career, Mr. Geller's practice included defending businesses and quasi -government entities, against claims of civil rights
violations. He has litigated a myriad: of alleged constitutional violations, including First Amendment, unlawful, search and: seizure,.
equal protection, and due process, claims. He has also defended clients against allegations of discrimination based on pregnancy
and the Americans With Disabilities Act.
Besides municipalities, his clients have included.a'diverse mix of businesses, including banking and insurance institutions, pest con-
trol companies, rental car companies, a resort, inventory;floorplan finance companies, and motor vehicle dealerships and°auctions.
Mr. Geller has also defended professionals against, claims of professional liability. Complex transactions' underlie many cases. "_-
Mr. Geller was born in Cincinnati, Ohio. He earned his B.A. at Miami University in Oxford, Ohio and 1.D., cumiaude,'from Temple Uni-
versity in Philadelphia. In an intenselycompetitive process the Law Review board selected him to work as a staff member and, later,
as an associate research editor. Before joining Fishback Dominick in 2008, he worked fora dozen years as a litigator witha large
Downtown Orlando law firm as an associate and partner. Early in his career, Mr. Geller practiced in the area of railroad defense litiga
tionwith alaw firm in Ashland, Kentucky and, before that, as a commercial litigator with a boutique litigation firm in _Philadelphia,
Pennsylvania.
FISHBACK DOMINICK
ESTABLISHED 1935
ATTORNEYS AND COUNSELORS AT LAW
STATEMENT OF LOCAL AVAILABILITY AND DEGREE OF ACCESSIBILITY
According to GoogleMaps, Fishback Dominick is located 62.2 miles away from City Hall.
During peak rush hour, 5:10 PM on Tuesday, August 20, 2019, Google indicated that travel time
would take 1 hour and 16 minutes. Mr. Geller's travel time and accessibility should not differ
materially from that of the City of Cape Canaveral's City Attorney.
PROPOSED FEE SCHEDULE
Fishback Dominick proposes to bill $225.00 per hour, in one -tenth increments, with a 2.5
hour minimum per hearing. Billed time would include preparing subpoenas, preparing for and
conducting code enforcement hearings, reviewing code enforcement complaints and the hearing
record, performing any necessary legal or building code research, and preparing written Orders
with Findings of Fact and Conclusions of Law. Fishback Dominick would not charge for travel
time to or from the City of Cape Canaveral.
PROFESSIONAL REFERENCES
Ms. Keri Martin
Manager of Risk Management
City of Winter Park
401 Park Avenue, Sout
Winter Park, FL 32789
(407) 599-3390
lcmartin@cityofwinterpark.org
(Ms. Martin oversees the City of Winter Park's Code Compliance Division)
Mr. Bob Francis
City Manager
City of Belle Isle
1600 Nela Avenue
Belle Isle, Florida 32809
(407) 851-7730
bfrancis@belleislefl.gov
Mr. Carmen Rosamonda
City Manager
City of DeBary
16 Colomba Road
DeBary, FL 32713
(386) 668-2040
CRosamonda@DeBary.org
PREFERRED DAY AND TIME FOR SPECIAL MAGISTRATE HEARINGS
The scheduling of Special Magistrate Hearings should take into account the schedules of
the City's code enforcement officers, supervisory staff, the City Attorney, building officials, the
Community Development Director, and any others who would expect to attend such hearings
regularly.
Assuming that the City would want to continue holding hearings at 6 PM, Mr. Geller is
generally available any evening during the business week; however, Thursdays are not preferred.
STATEMENT OF NO CONFLICT OF INTEREST
Mr. Geller is unaware of any relationship or work, pertaining to himself or to Fishback
Dominick, which would present a potential or actual conflict of interest in violation of Florida
Statutes chapter 112 or the Florida Bar's Rules of Professional Conduct.
NON -COLLUSION AFFIDAVIT
Please see the attached Non -Collusion Affidavit.
SWORN STATEMENT ON PUBLIC ENTITY CRIME
Please see the attached Sworn Statement on Public Entity Crime.
Exhibit A
AFFIDAVIT OF NON -COLLUSION
RFQ #2019-01
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
STATE OF FLORIDA
COUNTY OF ORANGE
Being first duly sworn, affiant deposes and says that:
1. He is Richard Geller of Fishback Dominick the
Respondent that has submitted the attached Response;
2. He is fully informed respecting the preparation and contents of the attached Response and of
all pertinent circumstances respecting such Response;
3. Such Response is genuine and is not a collusive or sham Response;
the
4. Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or
agreed, directly or indirectly with any other Respondent, firm, or person to submit a collusive or sham
Response in connection with the contract for which the attached Response has been submitted or to refrain
from responding in connection with such contract, or has in any manner, directly or indirectly, sought by
agreement or collusion or communication or conference with any other respondent, firm, or person to fix
the rate or rates in the attached Response or of any other respondent, or to fix any overhead, profit, or cost
element of the Response price or the response price of any other respondent, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Cape Canaveral
or any person interested in the proposed contract; and
5. The rate or rates quoted in the attached Response are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Respondent or any of its agents,
representatives, owners, employees, or parties in interest, including this affiant.
Signature
8/21/19
Date
The foregoing instrument was acknowledged before me this 21st day of August, 2019, by
Richard Geller (name of person whose signature is being notarized) as
Partner (title) of Fishback Dominick (Name of Vendor) known to me to be
the person described herein or who produced (type of identification) as
identification, and who did take an oath.
JEANETTE R. CHURN
MY COMMISSION EXPIRES
October 24, 2019
#FF 244668
Bonded thru
Notary Public Underwriters
NOTARY PUBLIC STATE OF FLORIDA
Notary Signature
Name: Jeanette R. Churn
My Commission Expires: 10/24/19
Commission Number:FF244668
..a_ k4.)-?1ZV
Identification Number (FEIN) is
Exhibit B
SWORN STATEMENT ON PUBLIC ENTITY CRIMES
UNDER FLORIDA STATUTES
RFQ #2019-01
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
submi ted by a,,tel_j jd, on behalf of
whose business address is
T is sworn statement is
►y l , L s'a % 89 and (if applicable) Federal Employer
59- m854/0 .
2. I understand that a "public entity crime" as defined in Florida Statutes 287.133(1)(g) means a
violation of any state or federal law by a person with respect to and directly related to the transaction
of business with any public entity or with an agency or political subdivision of any other state or with
the United States, including, but not limited to, any bid or contract for goods or services, any lease for
real property, or any contract for the construction or repair of a public building or public work,
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Florida Statutes 287.133(1)(b)
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or
nolo contendere.
4. I understand that an "affiliate" as defined in Florida Statutes 287.133(1)(a) means:
A predecessor or successor of a person convicted of a public entity crime or an entity under the control
of any natural person who is active in the management of the entity and who has been convicted of a
public entity crime. The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another person, or a pooling of
equipment or income among persons when not fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined by Florida Statutes 287.133(1)(e) means any natural
person or entity organized under the laws of any State or of the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or
which otherwise transects or applies to transact business with a public entity. The term "person"
includes those officers, directors, executives, partners, shareholders, employees, members, and agents
who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation
to the entity submitting this sworn statement. Please indicate which statement applies:
Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity, nor
any affiliate of the entity, were charged with and convicted of a public entity crime after July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity, or
an affiliate of the entity, has been charged with and convicted of a public entity crime after July 1, 1989
AND - please indicate which additional statement applies:
The entity submitting this sworn statement, or one of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity, was charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings, and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. (Attach a copy of the final order.)
I understand that the submission of this form to the City of Cape Canaveral is for the City of Cape
Canaveral only. I also understand that I am required to inform the City of Cape Canaveral prior to
entering into a contract in excess of $25,000 of any change in the information contained in this form.
Date
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 21st day of August, 2019, by
Richard Geller (name of person whose signature is being notarized) as
Partner (title) of Fishback Dominick (Name of Vendor) known to me to be
the person described herein or who produced (type of identification) as
identification, and who did take an oath.
JEANETTE R. CHURN
MY COMMISSION EXPIRES
October 24, 2019
#FF 244668
Bonded thru
Notary Public Underwriters
NOTARY PUBLIC STATE OF FLORIDA
Notary Signature
Name: Jeanette R. Churn
My Commission Expires: 10/24/19
Commission Number:FF244668
Attachment 4
AGREEMENT FOR SPECIAL MAGISTRATE
THIS AGREEMENT made and entered into this day of , 2019, by and
between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, located at 100
Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter referred to as the "City"), and The
Law Firm of FISHBACK DOMINICK, whose address is located at 1947 Lee Road, Winter
Park, Florida is (hereinafter referred to as the "Special Magistrate").
WITNESSETH:
WHEREAS, the City solicited proposals for code enforcement special magistrate
services; and
WHEREAS, Special Magistrate responded to the City's request for proposals; and
WHEREAS, the City desires to enter into an agreement with Special Magistrate for the
provision of code enforcement special magistrate services as provided herein.
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, City and Special Magistrate agree as follows:
ARTICLE 1
DEFINITIONS
1.1 City Manager. Whenever the term City Manager is used herein, it is intended to
mean the City Manager of the City of Cape Canaveral or Designee. The City Manager is the
administrative head of all departments of the City Government. In the administration of this
contract, as contrasted with matters of policy, all parties may rely upon instructions or
determinations made by the City Manager or Designee.
1.2 City Council. Whenever the term City Council is used herein, it is intended to mean the
City Council of the City of Cape Canaveral, Florida, which is the governing body of the City of
Cape Canaveral, Florida.
1.3 City. Whenever the term City is used herein, it is intended to mean the City of Cape
Canaveral, Florida, a Florida municipal corporation.
1.4 Special Magistrate. Whenever the term Special Magistrate is used herein, it is intended
to mean Richard S. Geller, Esquire, the person selected to perform the services of Special
Magistrate pursuant to this Agreement, who is a member of the Florida Bar in good standing, has
no less than five (5) years practice experience, which includes courtroom and administrative
Page 1 of 8
Agreement for Special Magistrate
hearing experience, and does not serve as a special magistrate for any other government agency
consistent with the provisions of Article II, section 5(a), Florida Statutes.
ARTICLE 2
SCOPE OF SERVICES
2.1 The Special Magistrate agrees to perform the functions specifically set forth in the Code
of Ordinances of the City of Cape Canaveral, Florida to include holding hearings and assessing
fines against violators of City codes and ordinances. Unless otherwise directed by the City, all
hearings shall be held in the City Council Chambers at City Hall located at 100 Polk Avenue,
Cape Canaveral, Florida 32920.
2.2 The Special Magistrate shall be vested with the authority granted to special magistrates
pursuant to the City Code, Chapter 162, Florida Statutes and other applicable law. The Special
Magistrate will function in a quasi-judicial capacity and shall be subject to the same duties,
rights, and immunities as other judicial officers, including the duty to operate independently and
impartially and to exercise discretion in formulating orders within the parameters of the
jurisdiction granted.
2.3 The Special Magistrate agrees to perform the functions specifically set forth in Chapter
82, Article IX of the City Code regarding the International Property Maintenance Code and
Chapter 2, Article VI of the City Code regarding general code enforcement.
2.4 The City hereby agrees to cooperate expeditiously and provide necessary administrative
staff and financial support as may be reasonably required for the proper performance of the
Special Magistrate's duties.
2.5 The City reserves the unconditional right at any time and at its discretion to appoint and
assign special magistrate services to other duly qualified attorneys.
ARTICLE 3
COMPENSATION AND METHOD OF PAYMENT
3.1 Compensation. City shall pay Special Magistrate a minimum base fee of Five Hundred
Sixty -Two and 50/100 Dollars ($562.50) per scheduled hearing ("Base Fee"). The Base Fee
shall include preparation for the scheduled hearing and up to two and one-half hours of Special
Magistrate time during the hearing and shall also include travel time to and from the hearing.
Special Magistrate shall receive Two Hundred Twenty -Five and No/100 Dollars ($225.00) per
hour for any additional time required to be expended by the Special Magistrate in furtherance of
Page 2 of 8
Agreement for Special Magistrate
his duties and responsibilities required by this Agreement. Special Magistrate shall not charge
for routine office expenses such as phone calls, overhead, and clerical and secretarial services.
However, Special Magistrate shall receive cost reimbursement for any reasonable out-of-pocket
expenses such as postage, process servers, and copying charges.
3.2 Payment. City agrees that it will make its best efforts to pay Special Magistrate within
thirty (30) calendar days of receipt and approval ( as to form) of Special Magistrate's invoice.
Invoices shall reflect the time, place, date, duration, and parties as to each hearing and shall
reflect the number of hours expended for each such hearing. Payments under this agreement and
interest on any late payments shall be governed by and construed in accordance with the Florida
Prompt Payment Act, Section 218.70, et seq., Florida Statues, as amended.
ARTICLE 4
CHANGES IN SCOPE OF WORK
4.1 City or Special Magistrate may request changes that would increase, decrease, or
otherwise modify the scope of the services to be provided under this Agreement. Such changes
and method of compensation must be agreed upon in writing in a document of equal dignity
herewith prior to any deviation from the terms of this Agreement, including the initiation of any
extra work. Such changes when properly executed shall become an Amendment to this
Agreement.
ARTICLE 5
MISCELLANEOUS
5.1 Term. The term of this Agreement shall commence upon the Effective Date and
continue for a term of two (2) years. Upon mutual agreement of the parties, the Agreement may
be renewed for three (3) additional one year terms unless terminated as provided herein.
5.2 Termination. Special Magistrate agrees to serve at the pleasure of the City Council. No
pre -termination notice will be required by the City to terminate this Agreement. However,
Special Magistrate may terminate this Agreement by providing thirty (30) days written notice of
such termination to the City. Upon termination, the Special Magistrate shall be paid
compensation for services performed to the date of termination.
5.3 Assignment. This Agreement, or any interest herein, shall not be assigned, transferred
or otherwise encumbered, under any circumstances, by Special Magistrate, without the proper
written consent of City. However, the Agreement shall run to the City of Cape Canaveral
government and its successors.
Page 3 of 8
Agreement for Special Magistrate
5.4 All Prior Agreements Superseded. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, or understandings applicable to these
matters contained herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed that no
modification, amendment or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same formality and equal
dignity herein.
5.5 Notices Any notice, payment or other communication under this Agreement
required hereunder or desired by the party giving such notice shall be given in writing and shall
be deemed to have been duly given, served and delivered, if delivered by hand or mailed by
United States registered or certified mail or sent by facsimile, addressed as follows:
If to Special Magistrate
Richard S. Geller
Fishback Dominick
1947 Lee Road
Winter Park, Florida 32789
(407) 262-8400
If to City:
City Manager
City of Cape Canaveral
100 Polk Avenue
City of Cape Canaveral, Florida 32920
(321)-868-1220
Each party hereto may change its mailing address by giving to the other party hereto, by hand
delivery, United States registered or certified mail notice of election to change such address.
5.6 Conflict of Interest. Special Magistrate affirms that his/her retention shall not result in
an actual or potential conflict of interest with any party who may be affected by the award of this
contract. Should any potential or existing conflict be known by Special Magistrate, said Special
Magistrate must specify the party with whom the conflict exists or might arise, the nature of the
conflict, and whether the Special Magistrate would or would not step aside or resign from that
engagement or representation creating the conflict. Special Magistrate shall not act as counsel to
any third party or as an expert witness in any lawsuit in which the City is named as an adverse
party.
5.7 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida, and the parties stipulate that the venue shall be Brevard
County, Florida.
5.8 Public Records. The Special Magistrate shall allow public access to all documents,
papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and
Page 4 of 8
Agreement for Special Magistrate
made or received by the Special Magistrate in conjunction with this Agreement. Specifically, the
Special Magistrate shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by the City in order to perform the service.
(b) Upon request of the City's custodian of public records, provide the City with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in state law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Special
Magistrate does not transfer the records to the City.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City
all public records in possession of the Special Magistrate upon termination of the
Agreement and destroy any duplicate public records that are exempt or confidential
and exempt from the public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology system of the City.
(e) IF THE SPECIAL MAGISTRATE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
SPECIAL MAGISTRATE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS MIA GOFORTH, CITY CLERK, AT (321) 868-1220
(X207), M.GOFORTH@CITYOFCAPECANAVERAL.ORG, 100 POLK
AVENUE, CAPE CANAVERAL, FLORIDA 32920.
5.9 Miscellaneous. If any term or condition of this Agreement shall be invalid or
unenforceable, the remainder of the terms and conditions of this Agreement shall remain in full
force and effect. This Agreement shall not be more strictly construed against either party hereto
by reason of the fact that one party may have drafted or prepared any or all of the terms and
provisions hereof.
5.10 Independent Special Magistrate. Special Magistrate understands and agrees that
Special Magistrate is an independent Special Magistrate and not a City employee and is not
entitled to any City benefits, insurances, or compensation other than as provided in this
agreement.
Page 5 of 8
Agreement for Special Magistrate
5.11 Insurance and Bond. Special Magistrate shall provide and maintain, during the entire
term of this Agreement, without cost to the City, insurance in the following types and limits with
a company or companies authorized to do business in the State of Florida. Special Magistrate
shall not commence work under the Agreement until City has received an acceptable certificate
or certificates of insurance and endorsement evidencing the required insurance, which is as
follows:
(A) General Liability insurance on forms no more restrictive than the latest edition of
the Commercial General Liability policy (CG 00 01 or CG 00 02) of the Insurance
Services Office or equivalent without restrictive endorsements, with the following
minimum limits and coverage limits fully available during the entire contract period:
General Liability
Each Occurrence/General Aggregate $1,000,000
Professional Liability $1,000,000
Premises Operation $1,000,000
Personal & Adv. Injury $1,000,000
Medical Expense $5,000
(B) Automobile liability insurance, including owned, non -owned and hired autos with
the following minimum limits and coverage:
Combined Single Limit $300,000
Or
Bodily Injury (per person) $100,000
Bodily Injury (per accident) $100,000
Property Damage $50,000
(C) Workers' compensation insurance in accordance with Florida Statute, Chapter
440, and/or any other applicable law requiring workers' compensation (Federal,
maritime, etc).
(D) Additional Requirements:
(1) City of Cape Canaveral shall be named and endorsed as an additional
insured on the General liability policy.
(2) The General Liability policy is to contain or be endorsed to name the City, its
officers, officials and employees as additional insureds as respects to the liability arising
out of the activities performed under this Agreement. Such coverage shall be primary to
the extent of Special Magistrate negligent acts or omissions or willful misconduct, and
Page 6 of 8
Agreement for Special Magistrate
shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability. In addition, a waiver of
subrogation by the commercial liability insurer shall be provided that lists or names the
additional insured as subject to the waiver. The additional insured shall be non-
contributory. Coverage shall be on an "occurrence" basis and not "claims made."
(3) Certificates of insurance shall provide for a minimum of thirty (30) days prior
written notice to the City of any material change or cancellation of the required
insurance, with ten (10) day written notice of cancellation due to non-payment of
premium.
(4) Certificates of insurance shall identify this Agreement in the Description of
Operations section of the Certificate.
(5) The Certificate holder section of each policy shall state: City of Cape
Canaveral, 100 Polk Avenue, Cape Canaveral, Florida 32920.
(6) Special Magistrate shall be solely responsible for all deductibles and self-
insurance retention on Special Magistrate Liability Insurance policies. All of the policies
of insurance so required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded shall not be canceled, materially changed or
renewal refused without thirty (30) calendar days written notice, or without ten (10) days
written notice of cancellation due to non-payment of premium, being given to City by
certified mail.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
for the purposes stated herein.
Signed, sealed and delivered in the
SPECIAL MAGISTRATE: presence of Witnesses:
FISHBACK DOMINICK
By:
Richard S. Geller
Page 7 of 8
Agreement for Special Magistrate
CITY OF CAPE CANAVERAL: Attest:
Bob Hoog, Mayor Mia Goforth, City Clerk
Approved by the City Council on December 17, 2019
Approved as to Form and Legality
For the City of Cape Canaveral Only:
Anthony A. Garganese, City Attorney
Page 8 of 8
Agreement for Special Magistrate
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/17/2019
Item No. 6
Subject: Award the Bid for construction of Polk Ave./Orange Ave. Maintenance Upgrade for
Select Stormwater Systems to Gregori Construction, Inc., of Titusville, Florida in the amount of
$239,382 and authorize Interim City Manager to execute the Construction Agreement for same.
Department: Capital Projects
Summary: Staff invited qualified Licensed Contractors, in accordance with the City's
Purchasing Policy and Florida Statutes, to submit a Bid for construction of Polk Ave./Orange
Ave. Maintenance Upgrade for Select Stormwater Systems. Gregori Construction, Inc. of
Titusville, Florida was the lowest acceptable bidder at $239,382.
Project Description. The Project work area (Attachment 1) includes (1) the western half of the
300 block of Polk Avenue and (2) Orange Avenue from Polk Avenue southward to Fillmore
Avenue. Existing stormwater pipes and manholes are undersized and have subsided to the point
they do not adequately drain the drainage area during heavy thunderstorms, tropical storms, etc.
Several residences have been flooded over the years due to the poor drainage. The work includes
construction of upsized stormwater pipes/manholes to improve stormwater flow and reduce
residential/street flooding. The proposed project is consistent with the City's adopted
Community Redevelopment Agency (CRA) Plan.
Firm Selection Process. Staff advertised this bid opportunity on October 10, 2019 by posting
(1) a legal ad in the Florida Today newspaper, (2) a notice on the City's web page and (3) bid
information on Demandstar (internet bid service). A "Bid Submittal" notation was included
which stated the Contract would be awarded pursuant to the requirements of applicable State
and Federal laws and regulations.
Six contractors submitted sealed bids for the Project which were publicly opened in City Hall
Conference Room A on November 14, 2019 (Attachment 2). Upon review of the submitted bids,
Staff and the City Engineer recommend that the project be awarded to Gregori Construction,
Inc. of Titusville, Florida with a bid amount of $239,382. ABC Land Clearing and Development,
Inc., of Cocoa, Florida submitted the lowest bid at $226,923.50; however, this bid was delivered
after the submittal deadline of 2:00 P.M. As stated in Notice to Bidders in the Request for
Proposal: "Sealed bids will be received by the City Clerk, City of Cape Canaveral, at City Hall,
100 Polk Avenue, Cape Canaveral, Florida 32920 until 2:00 P.M. on Thursday, November 14,
2019. Any bids received after the above time will not be accepted under any circumstances. Any
uncertainty regarding the time a bid is received will be resolved against the Bidder. Bid opening
will be promptly at 2:05 P.M. on Thursday, November 14, 2019 in the first floor conference
room at City Hall, Cape Canaveral, Florida, at which time all bids received will be publicly
opened and read aloud." A proposed Construction Agreement with Gregori Construction, Inc.
is included as Attachment 3.
Project Funding. This Project is funded through the City's CRA and is budgeted for
FY2019/2020; adequate funds are available to fully pay for this Project.
Submitting Department Director:
Jeff Ratliff Date: 12/2/19
City Council Meeting
Date: 12/17/2019
Item No.
Page 2 of 2
Attachments:
#1 -Work Area
#2 - November 14, 2019 Bid Opening Minutes
#3 - Construction Agreement
Financial Impact: $239,382 funded by the CRA for construction of
Maintenance Upgrade for Select Stormwater Systems to Gregori
Titusville, Florida; advertising fee, Staff time and effort to prepare this
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/9/19
Polk Ave./Orange Ave.
Construction, Inc., of
Agenda Item.
The Interim City Manager recommends City Council take the following action:
Award the Bid for construction of Polk Ave./Orange Ave. Maintenance Upgrade for Select
Stormwater Systems to Gregori Construction, Inc., of Titusville, Florida in the amount of
$239,382 and authorize Interim City Manager to execute the Construction Agreement for same.
Approved by Interim City Manager: Todd Morley Date: 12/9/19
Work Area
Attachment 1
Replacement stormwater
pipe and manholes
Attachment 2
CITY OF CAPE CANAVERAL
Request for Bids
POLK AVE./ORANGE AVE. MAINTENANCE UPGRADE FOR SELECT
STORMWATER SYSTEMS
BID #2019-06
City of Cape Canaveral City Hall
Conference Room A
100 Polk Avenue
Cape Canaveral, Florida 32920
MINUTES
Thursday
November 14, 2019
2:05 P.M.
CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:05 P.M.
Others present:
Jim Paton, Atlantic Development of Cocoa, Inc.
Stanley Lee, Gregori Construction, Inc.
Daniel LeFever, Deputy City Clerk
Mr. Ratliff proceeded to open the bids received and announced the results:
BID #2019-06 - POLK AVE./ORANGE AVE. MAINTENANCE UPGRADE FOR SELECT
STORMWATER SYSTEMS:
Firm Location Bid Amount
Jobear Contracting, Inc. Palm Bay, FL $428,431.75
Gregori Construction, Inc. Titusville, FL $239,382.00
Johnson -Davis, Inc. Ft. Pierce, FL $254,010.00
SDV Services, LLC Titusville, FL $338,772.00
Atlantic Development of Cocoa, Inc. Cocoa, FL $318,010.85
Hinterland Group, Inc. Cocoa, FL $239,820.00
A bid was received from ABC Land Clearing & Development, Inc., located in Cocoa, FL, in the
amount of $226,923.50, at 2:01 P.M., past the deadline, and was not eligible for consideration.
Mr. Ratliff stated the Bids would be reviewed and adjourned the meeting at 2:11 P.M.
Daniel LeFever, Deputy City Clerk
Attachment 3
City of Cape Canaveral Polk Ave./Orange Ave.
Maintenance Upgrade for Select Stormwater Systems
SECTION 00 50 00
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2019 between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and , a
State Certified General Construction Firm authorized and duly licensed to do business in the State of
Florida (herein referred to as CONTRACTOR), as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the
Contract Documents, for the Maintenance Upgrade for Select Stormwater Systems of Polk
Ave. and Orange Ave. as set forth in the Scope of Services, attached hereto as Exhibit "A",
and fully incorporated by this reference ("Work").
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits
and Addendum to the Agreement; Engineering Plans and Drawings prepared by John A.
Pekar, P.E., LLC, dated July 31, 2019, Bid #2019-06; Documents issued by the CITY;
CONTRACTOR'S Bid Submittal; General Conditions by the CITY; Supplemental Terms and
Conditions by the CITY; and all Change Orders approved by the CITY after execution of this
Agreement. These Contract Documents are hereby incorporated into this Contract by this
reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing
on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be
resolved by giving precedence in the following order:
a. Agreement Exhibits and Addenda; CONTRACTOR'S Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions;
d. General Terms and Conditions; or
e. Engineering Plans and Drawings.
Any inconsistency in the work description shall be clarified by the CITY and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should
any errors, ambiguities or discrepancies be found in the Agreement or specifications, the CITY
at its sole discretion will interpret the intent of the Agreement and work descriptions and the
CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out
the work in accordance with the decision of the CITY. When the material, article or equipment
is designated by a brand name and more than one brand name is listed, it will be understood
that the work is based on one brand name only. The CONTRACTOR will be responsible for all
coordination necessary to accommodate the material, article or equipment being provided
without additional cost to the CITY. A substitute material, article or equipment is allowed if it is
reasonably equivalent to the brand name specified. The CITY has full discretion to decide
whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to
CONSTRUCTION AGREEMENT 00 50 00 - 1
City of Cape Canaveral Polk Ave./Orange Ave.
Maintenance Upgrade for Select Stormwater Systems
use of the substitute for a specified brand name and allow the CITY to make a determination
before CONTRACTOR uses the substitute.
5. CONTRACT TIME - The CONTRACTOR shall begin work within thirty (30) days after the
issuance of a written Notice to Proceed and shall complete the Work (substantial completion)
within one hundred fifty (150) calendar days. The CONTRACTOR shall complete the Work
(final completion) within one hundred eighty (180) calendar days from the date of the Notice to
Proceed. Extensions, if any, are authorized by CITY, and may only be granted in writing.
6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence
of this Agreement and that CITY will suffer financial loss if the Work is not substantially
complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed
in accordance with the General Conditions. They also recognize the delays, expense and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by
CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any
such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as
a penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00) per day for each day
that expires after the time specified in Paragraph 5 for final completion until the work is finally
complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00) dollars
as consideration for this provision.
7 CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in
current funds for the performance of the work, subject to additions and deductions by Change
Order, the Total Contract Price of
($ ). Payments will be
made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit
Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached
or repeated herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves
the right to revoke and terminate this Agreement and rescind all rights and privileges associated
with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to
revoke and terminate this Agreement in the following circumstances, each of which shall
represent a default and breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within seven (7) calendar days after
written notice from the CITY specifying the default complained of unless, however, the
nature of the default is such that it cannot, in the exercise of reasonable diligence, be
remedied within seven (7) calendar days, in which case the CONTRACTOR shall have
such time as is reasonably necessary to remedy the default, provided the CONTRACTOR
promptly takes and diligently pursues such actions as are necessary therefore; or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of
creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts;
or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in
performing the Work hereunder; or
CONSTRUCTION AGREEMENT 00 50 00 - 2
City of Cape Canaveral Polk Ave./Orange Ave.
Maintenance Upgrade for Select Stormwater Systems
d. CONTRACTOR has committed any act of fraud upon the CITY; or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while
performing its obligations under this Agreement; or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right,
or remedy CITY may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY
shall have the right to exercise any other remedy the CITY may have by operation of law,
without limitation, and without any further demand or notice. In the event of such termination,
CITY shall be liable only for the payment of all unpaid charges, determined in accordance with
the provisions of this Agreement, for Work properly performed prior to the effective date of
termination.
9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood;
windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor
force); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their
equipment or facilities; court injunction or order; federal and/or state law or regulation; order by
any regulatory agency; or cause or causes beyond the reasonable control of the party affected;
provided that prompt notice of such delay is given by such party to the other and each of the
parties hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days, either party may terminate this
Agreement.
10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid,
against public policy, void or otherwise unenforceable by a court of law, the parties, at the sole
discretion and option of the CITY, shall negotiate an equitable adjustment in the affected
provision of this Agreement. The validity and enforceability of the remaining parts of this
Agreement shall otherwise be fully enforceable
11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract
price to CONTRACTOR, on the basis of application for payments submitted to the CITY or
CITY's Project Manager, by CONTRACTOR as the work progresses and in accordance with
the Contract Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. CONTRACTOR does not make prompt and proper payments to subcontractors;
c. CONTRACTOR does not make prompt and proper payments for labor, materials, or
equipment furnished him;
d. Another Contractor is damaged by an act for which CONTRACTOR is responsible;
e. Claims or liens are filed on the job; or
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City of Cape Canaveral Polk Ave./Orange Ave.
Maintenance Upgrade for Select Stormwater Systems
f. In the opinion of the City of Cape Canaveral, CONTRACTOR'S work is not progressing
satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project
in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion
of the project, CITY shall reduce to 5% the amount of the retainage withheld from each
subsequent progress payment made to the CONTRACTOR unless the project is subject to
Federal funding, in whole or in part, and the project is subject to laws and regulations contrary
to the Act. The term "50% completion of the project" shall mean the point at which the CITY
has expended 50% of the total cost of the construction services purchased under this
Agreement together with all costs associated with existing change orders and other additions
or modifications to the construction services provided for in this Agreement. After 50%
completion, the CONTRACTOR may present to the CITY a payment request for up to one-half
of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR
unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The
remaining retainage amount withheld shall be released with the Final Payment after the
issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR
within thirty (30) days after the work is fully and properly completed, if the contract has been
fully and timely performed, but subject to the condition that final payment shall not be due until
CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract,
or receipt of releases of lien fully covering all labor, materials and equipment for which a lien
could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such
claims.
By making payments, CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
b. Work that does not comply with the Contract Documents;
c. Outstanding claims of liens; or
d. Failure of CONTRACTOR to comply with any special guarantees required by the
Contract Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE
ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the CITY are as
follows:
a. General Administration of Contract. The primary function of the CITY is to provide
the general administration of the contract. In performance of these duties, Jeff Ratliff or his
authorized representative is the CITY's Project Manager during the entire period of
construction. The CITY may change the Project Manager during the term of this contract.
b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with
the progress and quality of the work by CONTRACTOR and may make periodic visits to
the work site. The CITY will not be responsible for the means of construction, or for the
sequences, methods and procedures used therein, or for the CONTRACTOR's failure to
perform the work in accordance with the Contract Documents.
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City of Cape Canaveral Polk Ave./Orange Ave.
Maintenance Upgrade for Select Stormwater Systems
c. Access to Worksite for Inspections. The CITY shall be given free access to the
worksite at all times during work preparation and progress. The Project Manager is not
obligated to make exhaustive or continuous onsite inspections to perform his duties of
checking and reporting on work progress, and any such inspections shall not waive CITY's
claim regarding defective work by CONTRACTOR.
d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be
the initial interpreter of the contract document requirements, and make decisions on claims
and disputes between CONTRACTOR and CITY.
e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which
in its opinion does not conform to the Contract Documents, and in this connection may stop
the work or a portion thereof, when necessary.
f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR
as the work progresses, based on CONTRACTOR's applications and CITY's inspections
and observations, and will issue certificates for progress payments and final payments in
accordance with the terms of the Contract Documents.
14. PROGRESS MEETING — CITY's Project Manager may hold periodic progress meetings on a
monthly basis, or more frequently if required by the CITY, during the term of work entered into
under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel
shall attend such meetings as designated by the CITY's Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection
with the project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise
and direct the work, and give it all attention necessary for such proper supervision and
direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict
discipline among his employees, and he agrees not to employ for work on the project any
person unfit or without sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all
labor, materials and equipment, including tools, construction equipment and machinery,
utilities, including water, transportation, and all other facilities and work necessary for the
proper completion of work on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall
secure all licenses and permits necessary for proper completion of the work, paying the
fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if
authorized in the Contract Documents) hold or will secure all trade or professional licenses
required by law for CONTRACTOR to undertake the contract work.
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City of Cape Canaveral Polk Ave./Orange Ave.
Maintenance Upgrade for Select Stormwater Systems
e. CONTRACTOR will provide written guarantee for work and materials for one (1)
calendar year after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights
or any monies due or to become due hereunder without the prior, written consent of the CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is
subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for
all acts and/or omissions performed by the subcontractor as if no subcontract had been
made.
b. If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to
remedy the situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of
this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to
provide CITY and its affiliates with insurance coverage as set forth by the CITY.
17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than CITY and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not
employed or retained any company or person, other than a bona fide employee working solely
for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal -
agent relationship between the parties and neither party is authorized to, nor shall either party
act toward third persons or the public in any manner which would indicate any such relationship
with the other party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold
harmless and defend the CITY, its officers, agents, officials, representatives, employees,
and/or attorneys against any and all liability, loss, cost, damages, expenses, claim or actions,
of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal,
which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in
part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors,
subcontractor(s), representatives, servants or employees in the execution, performance or
non-performance or failure to adequately perform CONTRACTOR's obligations pursuant to
this Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own
expense or to provide for such defense, at the sole option of the CITY, as the case may be, of
any and all claims of liability and all suits and actions of every name and description that may
be brought against the CITY, its officers, agents, officials, representatives, employees, and/or
attorneys which may result from the services under this Agreement whether the services be
CONSTRUCTION AGREEMENT 00 50 00 - 6
City of Cape Canaveral Polk Ave./Orange Ave.
Maintenance Upgrade for Select Stormwater Systems
performed by the indemnifying party or anyone directly or indirectly employed or hired by them.
In all events the CITY shall be permitted to choose legal counsel of its sole choice, the fees for
which shall be subject to and included with this indemnification provided herein, as long as said
fees are reasonable. This paragraph shall survive termination of this Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability
for the safety and supervision of its principals, employees, contractors, and agents while
performing work provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby
represents and warrants to the CITY the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida
and is in good standing under the laws of Florida, and is duly qualified and authorized to
carry on the functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal
right to enter into and perform the obligations set forth in this Agreement and all applicable
exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR
has been duly authorized by the board of directors and/or president of CONTRACTOR.
In support of said representation, CONTRACTOR agrees to provide a copy to the CITY
of a corporate certificate of good standing provided by the State of Florida prior to the
execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the
work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR
agrees to provide a copy of all said licenses to the CITY prior to the execution of this
Agreement.
23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form
approved by the CITY's City Attorney and in accordance with Florida law and in an amount
specified in the Contract Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for
providing the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the
minimum amount of $2,000,000 as the combined single limit for each occurrence to protect
the CONTRACTOR from claims of property damages which may arise from any Work
performed under this Agreement whether such Work is performed by the CONTRACTOR
or by anyone directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum
$1,000,000 property damage as the combined single limit for each occurrence to protect
the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as
well as from claims from property damage, which may arise from the ownership, use, or
maintenance of owned and non -owned automobiles, including rented automobiles whether
such operations be by the CONTRACTOR or by anyone directly or indirectly employed by
the CONTRACTOR.
CONSTRUCTION AGREEMENT 00 50 00 - 7
City of Cape Canaveral Polk Ave./Orange Ave.
Maintenance Upgrade for Select Stormwater Systems
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate
Workers' Compensation Insurance in at least such amounts as are required by law and
Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees
performing Work for the CITY pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein
identified shall be maintained during the term of this Agreement. A copy of a current Certificate
of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this
Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates
shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day
advance written notification to the CITY in the event of cancellation or modification of any
stipulated insurance coverage. The CITY shall be an additional named insured on all
stipulated insurance policies as its interest may appear, from time to time, excluding
workers' compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed
by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance
provisions contained in this paragraph section 24.
25. MEDIATION/VENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in mediation.
The parties agree to equally share the cost of the mediator. Should the parties fail to resolve
their differences through mediation, then any cause of action filed hereunder shall be filed in
the Circuit or County Court for Brevard County, Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed,
governed, and enforced in accordance with the laws of the State of Florida. Venue for any state
action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation
shall be Orlando, Florida.
27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from
the non -prevailing party the costs and expenses of such action including, but not limited to,
reasonable attorney's fees, whether at settlement, trial or on appeal.
28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the
applicable party at the address shown on page 9 of this Agreement.
29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that
the contractual relationship between the CITY and CONTRACTOR is such that the
CONTRACTOR is an independent contractor and not an agent of the CITY. The
CONTRACTOR, its contractors, partners, agents, and their employees are independent
contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to
establish any relationship other than that of an independent contractor, between the CITY, on
one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or
after the performance of the Work under this Agreement.
CONSTRUCTION AGREEMENT 00 50 00 - 8
City of Cape Canaveral Polk Ave./Orange Ave.
Maintenance Upgrade for Select Stormwater Systems
30. DOCUMENTS - Public Records: Pursuant to Section 119.0701, Florida Statutes and other
applicable public records laws, CONTRACTOR agrees that any records, documents,
transactions, writings, papers, letters, computerized information and programs, maps, books,
audio or video tapes, films, photographs, data processing software, writings or other
material(s), regardless of the physical form, characteristics or means of transmission, of
CONTRACTOR related, directly or indirectly, to the services provided to the CITY under this
Agreement and made or received pursuant to law or ordinance or in connection with the
transaction of official business by the CITY, may be deemed to be a public record, whether in
the possession or control of CITY or the CONTRACTOR. Said records, documents,
transactions, writings, papers, letters, computerized information and programs, maps, books,
audio or video tapes, films, photographs, data processing software, writings or other
material(s), regardless of the physical form, characteristics or means of transmission of
CONTRACTOR are subject to the provisions of Chapter 119, Florida Statutes, and may not be
destroyed without the specific written approval of the CITY's designated custodian of public
records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK
AVENUE, CAPE CANAVERAL, FLORIDA 32920.
CONTRACTOR is required to and agrees to comply with public records laws.
CONTRACTOR shall keep and maintain all public records required by CITY to perform the
services as agreed to herein. CONTRACTOR shall provide the CITY, upon request from the
CITY CLERK, copies of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by law.
CONTRACTOR shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for
the duration of the Agreement term. Upon completion of the Agreement, CONTRACTOR
shall transfer to CITY, at no cost, all public records in possession of the CONTRACTOR,
provided the transfer is requested in writing by the City Clerk. Upon such transfer,
CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. However, if the City Clerk does not
request that the public records be transferred, the CONTRACTOR shall continue to keep and
maintain the public records upon completion of the Agreement and shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided
to CITY, upon request from the City Clerk, in a format that is compatible with the information
technology systems of CITY. Should the CITY not possess public records relating to this
Agreement which are requested to be inspected or copied by the CITY or any other person,
the CITY shall immediately notify CONTRACTOR of the request and the CONTRACTOR
shall then provide such records to the CITY or allow the records to be inspected or copied
within a reasonable time. If the CONTRACTOR does not comply with a public records
request, the CITY may enforce this Section to the extent permitted by law. CONTRACTOR
acknowledges that if the CONTRACTOR does not provide the public records to the CITY
within a reasonable time, the CONTRACTOR may be subject to penalties under Section
119.10, Florida Statutes. The CONTRACTOR acknowledges that if a civil action is filed
against the CONTRACTOR to compel production of public records relating to this Agreement,
the court may assess and award against CONTRACTOR the reasonable costs of
enforcement, including reasonable attorney fees. All public records in connection with this
CONSTRUCTION AGREEMENT 00 50 00 - 9
City of Cape Canaveral Polk Ave./Orange Ave.
Maintenance Upgrade for Select Stormwater Systems
Agreement shall, at any and all reasonable times during the normal business hours of the
CONTRACTOR, be open and freely exhibited to the CITY for the purpose of examination,
audit or otherwise. Failure by CONTRACTOR to grant such public access and comply with
public records laws and/or requests shall be grounds for immediate unilateral cancellation of
this Agreement by the CITY upon delivery of a written notice of cancellation. If the
CONTRACTOR fails to comply with this Section, and the CITY must enforce this Section, or
the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter
119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the CITY
shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any
damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And, if
applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and
damages which the CITY had to pay a third party because of the CONTRACTOR's failure to
comply with this Section. The terms and conditions set forth in this Section shall survive the
termination of this Agreement.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the CITY's right to
sovereign immunity under Section 768.28, or other limitations imposed on the CITY's potential
liability under state or federal law. As such, the CITY shall not be liable, under this Agreement
for punitive damages or interest for the period before judgment. Further, the CITY shall not be
liable for any claim or judgment, or portion thereof, to any one person for more than two
hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which,
when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars ($300,000.00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to
be construed as part of this Agreement.
33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by
the Parties has been induced by no representations, statements, warranties, or agreements
other than those expressed herein. This Agreement embodies the entire understanding of the
parties, and there are no further or other agreements or understandings, written or oral, in effect
between the parties relating to the subject matter hereof unless expressly referred to herein.
Modifications of this Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision
of this Agreement shall not be considered a waiver of that term, condition, or provision in the
future. No waiver, consent, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of each party hereto.
This Agreement may be executed in any number of counterparts, each of which when so
executed and delivered shall be considered an original agreement; but such counterparts shall
together constitute but one and the same instrument.
35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the interpretation
of this Agreement in the event of a dispute between the parties.
36. NOTICE - Any notice, request, instruction, or other document to be given as part of this
Agreement shall be in writing and shall be deemed given under the following circumstances:
CONSTRUCTION AGREEMENT 00 50 00 - 10
City of Cape Canaveral Polk Ave./Orange Ave.
Maintenance Upgrade for Select Stormwater Systems
when delivered in person; or three (3) business days after being deposited in the United States
Mail, postage prepaid, certified or registered; or the next business day after being deposited
with a recognized overnight mail or courier delivery service; or when transmitted by facsimile
or telecopy transmission, with receipt acknowledged upon transmission; and addressed as
follows (or to such other person or at such other address, of which any party hereto shall have
given written notice as provided herein):
For City: For Contractor:
City of Cape Canaveral
City Manager
100 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220 Phone:
Fax: 321-868-1248 Fax:
Either party may change the notice address by providing the other party written notice of the
change.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
CONTRACTOR:
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name:
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
Attest: By:
Todd Morley, Interim City Manager
By:
Mia Goforth, City Clerk
Date
CONSTRUCTION AGREEMENT 00 50 00 - 11
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/17/2019
Item No. 7
Subject: Reappoint Interim City Manager Todd Morley as the City's Representative on the
Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee
and appoint City resident Arlyn DeBlauw as the North Beaches Coalition Alternate on the
SCTPO Citizens' Advisory Committee.
Department: City Clerk's Office
Summary: The Space Coast Transportation Planning Organization (SCTPO) is a metropolitan
planning organization established under §339.175, Florida Statutes, to coordinate transportation
planning and finance throughout Brevard County.
2019 City representatives on the SCTPO Technical Advisory Committee (TAC) and Citizens'
Advisory Committee (CAC) are Interim City Manager Todd Morley and City resident Arlyn
DeBlauw, respectively. Interim City Manager Morley and Mr. DeBlauw have each expressed
interest in continuing to serve. Through an agreement with Cocoa Beach, representation on the
CAC is shared between the two cities as the North Beaches Coalition (NBC). For 2020, it is
Cocoa Beach's turn to have a Delegate on the CAC, with Cape Canaveral's appointee serving
as the Alternate.
It is now incumbent upon City Council to appoint a City employee as TAC Member and a City
resident as Alternate CAC Member.
Submitting Department Director: Mia Goforth A4--- Date: 12/6/19
Attachment: None
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/10/19
The Interim City Manager recommends City Council take the following action: Reappoint
Interim City Manager Todd Morley as the City's Representative on the SCTPO TAC and
appoint City resident Arlyn DeBlauw as the NBC Alternate on the SCTPO CAC.
Approved by Interim City Manager: Todd Morley Date: 12/6/19
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/17/2019
Item No. 8
Subject: Ordinance No. 19-2019; amending the City's Site Plan Review Requirements under
Chapter 110—Zoning of the City Code;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: The proposed Ordinance creates more specific and relevant criteria applicable to
all site plan submittals as follows:
The following review criteria shall be applied by the City when making any final decision on
whether to approve, deny, or approve with conditions any site plan application:
(1) Whether the applicant has demonstrated the proposed site plan, including its proposed
density, height, scale and intensity, hours of operation, building and lighting design,
setbacks, buffers, noise, refuse, odor,particulates, smoke,fumes and other emissions,
parking and traffic-generating characteristics, number of persons anticipated using,
residing or working under the plan, and other off-site impacts, is compatible and
harmonious with adjacent land uses, and will not adversely impact land use activities
in the immediate vicinity.
(2) Whether the applicant has demonstrated the size and shape of the site, the proposed
access and internal circulation, and the design enhancements to be adequate to
accommodate the proposed density, scale and intensity of the site plan requested. The
site shall be of sufficient size to accommodate design amenities such as screening,
buffers, landscaping, open space, off-street parking, safe and convenient automobile,
bicycle, and pedestrian mobility at the site, and other similar site plan improvements
needed to mitigate against potential adverse impacts of the proposed use.
(3) Whether the proposed site plan will have an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values.
(4) Whether the proposed site plan will have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation and wildlife, open
space, noxious and desirable vegetation, and flood hazards.
(5) Whether the proposed site plan will have an adverse impact on historic, scenic, and
cultural resources, including views and vistas, and loss or degradation of cultural and
historic resources.
(6) Whether the proposed site plan will have an adverse impact on public services,
including water, sewer, stormwater and surface water management,police,fire,parks
and recreation, streets,public transportation, marina and waterways, and bicycle and
pedestrian facilities.
(7) Whether the proposed site plan and any related applicable traffic report provided by
the applicant, details safe and efficient means of ingress and egress into and out of the
site and adequately addresses the impact of projected traffic on the immediate
neighborhood, traffic circulation pattern for the site, and traffic flow through
immediate intersections and arterials.
(8) Whether the proposed site plan will have an adverse impact on housing and social
conditions, including variety of housing unit types and prices, and neighborhood
quality.
City Council Meeting
Date: 12/17/2019
Item No. 8
Page 2 of 3
(9) Whether the proposed site plan avoids significant adverse odor, emission, noise, glare,
and vibration impacts on adjacent and surrounding lands regarding refuse collection,
service delivery,parking and loading, signs, lighting, and other site elements.
(10) Whether the applicant has provided an acceptable security plan for the proposed
establishment to be located on the site that addresses the safety and security needs of
the establishment and its users and employees and minimizes impacts on the
neighborhood, if applicable.
(11) Whether the applicant has provided on the site an acceptable plan for the mass delivery
of merchandise for new large footprint buildings (greater than fifteen thousand
(15,000) square feet) including the hours of operation for delivery trucks to come into
and exit the property and surrounding neighborhood, if applicable.
(12) Whether the applicant has demonstrated that the proposed site plan has been designed
to incorporate mitigative techniques to prevent adverse impacts addressed in the
criteria stated herein or to adjacent and surrounding uses and properties.
(13) If required by the City, whether the applicant has agreed to execute a binding
development agreement to incorporate the terms and conditions of approval deemed
necessary by the City including, but not limited to, any mitigative techniques and plans
required by City Code.
Currently, the criteria used to review a proposed site plan are limited to items to determine
compliance with technical specifications. The intent behind establishing the recommended
criteria is to provide Staff and elected/appointed bodies tools to properly evaluate potential
adverse impacts of a proposed development both on and off the site.
Additionally, City Code requires a site plan be submitted and reviewed"for all development and
redevelopment projects, except single-family, two-family or three-family dwelling units, or
alterations thereto, and minor commercial improvements." Further, that all new commercial
buildings or structures and new residential structures with four or more dwelling units also be
subject to the site plan process.
The site plan approval process consists of the following steps (Sec. 110-223):
1. Application submittal;
2. Application forwarded to review depaiintents;
3. If there are any review comments, applicant shall respond;
4. Revised site plan submitted to Planning and Zoning Board for its review and
recommendation; and
5. City Manager or designee makes final decision on the application.
There have been instances where after the site plan approval has been granted (Step 5 above),
an applicant requests a minor technical adjustment to the previously reviewed and approved site
plan. Typically, the adjustment has a nominal impact on the overall site layout of the project.
However, in these instances, the Code does not provide for a deviation from the approved plan
and results in the applicant having to go back through the entire process (Steps 1-5 above).
City Council Meeting
Date: 12/17/2019
Item No. 8
Page 3 of 3
To streamline the site plan approval process and to avoid unnecessary delays for development
projects, the attached Ordinance provides for a minor site plan adjustment exception.
Notwithstanding subsection (a), planning and zoning board review is not required for minor
amendments to a site plan that has been previously reviewed by the planning and zoning board,
provided that any structural or impervious surface area or residential density is not being
decreased, increased or otherwise modified by more than twenty percent (20%) of the existing
amount of structure or impervious surface area or residential density previously reviewed or
constructed.
At its December 4, 2019 meeting, the Planning and Zoning Board recommended Approval of
Ordinance No. 19-2019.
Submitting Department Director: David Dickey? Date: 12/10/19
Attachment: Ordinance No. 19-2019
Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare
Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/10/19
The Interim City Manager recommends City Council take the following action:
Approve Ordinance No. 19-2019 upon first reading.
Approved by Interim City Manager: Todd Morley Date: 12/10/19
1 ORDINANCE NO. 19-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING THE CITY'S SITE PLAN REVIEW
6 REQUIREMENTS UNDER CHAPTER 110 - ZONING OF
7 THE CITY CODE; PROVIDING FOR THE REPEAL OF
8 PRIOR INCONSISTENT ORDINANCES AND
9 RESOLUTIONS, INCORPORATION INTO THE CODE,
10 SEVERABILITY AND AN EFFECTIVE DATE.
11
12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
13 State Constitution, to exercise any power for municipal purposes, except when expressly
14 prohibited by law, and has the power to adopt local land development regulations; and
15
16 WHEREAS, under the existing City Code, all development and redevelopment projects,
17 except single-family, two-family or three-family dwelling units, or alterations thereto, and minor
18 commercial improvements, are required to undergo site plan review and approval; and
19
20 WHEREAS, also under the existing City Code, the City's Planning & Zoning Board is
21 required to review proposed site plans related to new commercial buildings or structures and new
22 residential structures with four or more dwelling units; and
23
24 WHEREAS, there have been instances when after Planning & Zoning Board review, an
25 applicant requests very minor technical adjustments to previously reviewed and recommended
26 site plans that have no or a mere nominal impact on the overall site layout of a proposed project,
27 and in such instances, the applicant is currently required to go back to the Planning & Zoning
28 Board for review of the very minor adjustment; and
29
30 WHEREAS, the City Council desires to streamline the site plan approval process,
31 and avoid unnecessary delays in the development permit process, by adopting a minor site
32 plan adjustment exception to the Planning & Zoning Board's review requirement so minor
33 technical adjustments to previously reviewed and recommended site plans are not required
34 to undergo additional review before the Planning & Zoning Board for matters having no or a
35 mere nominal impact; and
36
37 WHEREAS, the City Council also desires to establish more specific and relevant review
38 criteria applicable to the City's site plan decision making process; and
39
40 WHEREAS, the City's Planning & Zoning Board (Land Planning Agency) conducted a
41 public hearing regarding this Ordinance on December 4, 2019 and recommended that the City
42 Council adopt this 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. 19-2019
Page 1 of 6
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 VI — Site
10 Plan. It is intended that the text in Chapter 110, Article VI — Site Plan denoted by the asterisks
11 and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
12 of this Ordinance:
13
14 CHAPTER 110 - ZONING
15
16 * * *
17 ARTICLE VI. - SITE PLANS
18
19 Sec. 110-221. - Submittal and review required.
20
21 O Under this chapter, site plan submittal and staff review shall be required for all
22 development and redevelopment projects, except single-family, two-family or three-family
23 dwelling units, or alterations thereto, and minor commercial improvements. Further, site plan
24 submittal and planning and zoning board review is required for the following:
25
26 (1) New commercial buildings or structures.
27 (2) New residential structures with four or more dwelling units.
28
29 (b) Notwithstanding subsection (a), planning and zoning board review is not required for minor
30 amendments to a site plan that has been previously reviewed by the planning and zoning board,
31 provided that any structural or impervious surface area or residential density is not being
32 decreased, increased or otherwise modified by more than twenty percent (20%) of the existing
33 amount of structure or impervious surface area or residential density previously reviewed or
34 constructed.
35
36 Sec. 110-222. — Requirements and Review Criteria -required.
37
38 C Site plan application submittal requirements criteria required under this chapter shall be as
39 follows:
40
41 (1) Plan drawn to scale by an appropriately licensed design professional, no greater than one
42 inch to 50 feet, on sheets two feet by three feet, showing the following site data:
43 a. Size, height, number of units and location of proposed and existing structures and their
44 relationship to property lines, setbacks, easements, streets, etc.
45 b. Dimensions and total gross acreage of the site and percentage devoted to structures and
46 percentage of parking area devoted to landscaping with curbs and water provisions.
47 c. Total number of units proposed; total number and size of on -site parking spaces and loading
48 zones.
City of Cape Canaveral
Ordinance No. 19-2019
Page 2 of 6
1 d. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the
2 site and that no traffic problems are created by the proposed ingress and egress routes. In addition,
3 a traffic report prepared by a traffic engineer shall be submitted to demonstrate compliance with
4 the City's site plan requirements. The traffic report may be waived by the City if the anticipated
5 traffic impact of the proposed project is deemed minor by the City. This traffic report is in addition
6 to any traffic impact study required by Section 86-6(2) of the City Code related to capacity and
7 level of service thresholds for arterial and collector transportation facilities.
8 e. Calculation of density (dwelling units per acre).
9 f. Location and dimension of areas for parks, canals, waterways, boat slips, parking areas,
10 swimming pools, driveways, recreation, trash and garbage pickup, sidewalks, dune crossovers, etc.
11 g. In those site plans which require a subdivision of land, no site plan shall be approved until
12 the city council has given approval to the preliminary plat.
13 h. The type of enclosure for and location of communal -type trash containers (dumpsters). Type
14 of enclosure shall be subject to approval and acceptance of the planning and zoning board.
15 i. Fire alarm and standpipe data, when required.
16 j. Site vicinity map.
17 k. Location of planned landscaping in compliance with sections 110-566 and 110-567.
18
19 (2) Topographic survey, including the following:
20 a. USC and G.S. datum plane.
21 b. Existing and proposed streetlights, water, sewer, paving, storm drains, fire hydrants,
22 sidewalks, etc.
23 c. Lot lines and dimensions of all setbacks, structures and easements.
24 d. Location of established seawall line and information for construction, if required.
25 e. Surveyor's certification.
26 f. Elevations to be given on one -foot intervals.
27 g. Range markers and coastal construction setback line, where required.
28 h. Location and type of existing trees four inches in diameter or larger.
29
30 (3) Engineering data, including the following:
31 a. Finished grades for entire parcel, finished elevations for floors, streets, parking lots,
32 sidewalks, ten inches of adjoining property, etc.
33 b. Details, sections and specifications required of all improvements, such as streetlights, water
34 and sewer (structures, pipes, appurtenances), paving and drainage, curbs, storm drainage and
35 sidewalks.
36 c. Engineer's seal required in drawings.
37 d. Engineering storm drainage design calculation and drainage maps.
38
39 (4) Square footage of building for the following:
40 a. Living.
41 b. Parking.
42 c. Other.
43 d. Total under roof.
44
45 (5) Drawing notes required as follows:
46 a. Sidewalk and sanitary sewers to be constructed to city standards.
47 b. Water lines to conform to City of Cocoa standards.
48 c. Where applicable, fire alarm system to be installed and connected to city fire department
49 standards.
City of Cape Canaveral
Ordinance No. 19-2019
Page 3 of 6
1
2 (6) For mean high water, survey shall be done by procedures established by F.S. § 177.25 et
3 seq.
4
5 (b) The following review criteria shall be applied by the City when making any final decision
6 on whether to approve, deny, or approve with conditions any site plan application:
7
8 (1) Whether the applicant has demonstrated the proposed site plan, including its proposed
9 density, height scale and intensity, hours of operation, building and lighting design, setbacks,
10 buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and
11 traffic -generating characteristics, number of persons anticipated using, residing or working under
12 the plan, and other off -site impacts, is compatible and harmonious with adjacent land uses, and
13 will not adversely impact land use activities in the immediate vicinity.
14
15 (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access
16 and internal circulation, and the design enhancements to be adequate to accommodate the proposed
17 density, scale and intensity of the site plan requested. The site shall be of sufficient size to
18 accommodate design amenities such as screening, buffers, landscaping, open space, off-street
19 parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other
20 similar site plan improvements needed to mitigate against potential adverse impacts of the
21 proposed use.
22
23 (3) Whether the proposed site plan will have an adverse impact on the local economy, including
24 governmental fiscal impact, employment, and property values.
25
26 (4) Whether the proposed site plan will have an adverse impact on the natural environment,
27 including air, water, and noise pollution, vegetation and wildlife, open space, noxious and
28 desirable vegetation, and flood hazards.
29
30 (5) Whether the proposed site plan will have an adverse impact on historic, scenic, and
31 cultural resources, including views and vistas, and loss or degradation of cultural and historic
32 resources.
33
34 (6) Whether the proposed site plan will have an adverse impact on public services, including
35 water, sewer, stormwater and surface water management, police, fire, parks and recreation,
36 streets public transportation, marina and waterways, and bicycle and pedestrian facilities.
37
38 (7) Whether the proposed site plan and any related applicable traffic report provided by the
39 applciant details safe and efficient means of ingress and egress into and out of the site and
40 adequately addresses the impact of projected traffic on the immediate neighborhood, traffic
41 circulation pattern for the site, and traffic flow through immediate intersections and arterials.
42
43 (8) Whether the proposed site plan will have an adverse impact on housing and social
44 conditions, including variety of housing types and proces, and neighborhood quality.
45
46 (9) Whether the proposed site plan avoids significant adverse odor, emission, noise, glare,
47 and vibration impacts on adjacent and surrounding lands regarding refuse collection,
48 service delivery, parking and loading, signs, lighting, and other site elements.
49
City of Cape Canaveral
Ordinance No. 19-2019
Page 4 of 6
1 (10) Whether the applicant has provided an acceptable security plan for the proposed
2 establishment to be located on the site that addresses the safety and security needs of the
3 establishment and its users and employees and minimizes impacts on the neighborhood, if
4 applicable.
5
6 (11) Whether the applicant has provided on the site an acceptable plan for the mass delivery of
7 merchandise for new large footprint buildings (greater than fifteen thousand (15,000) square
8 feet) including the hours of operation for delivery trucks to come into and exit the
9 property and surrounding neighborhood, if applicable.
10
11 (12) Whether the applicant has demonstrated that the proposed site plan has been designed to
12 incorporate mitigative techniques to prevent adverse impacts addressed in the criteria stated
13 herein or to adjacent and surrounding uses and properties.
14
15 (13) If required by the City, whether the applicant has agreed to execute a binding development
16 agreement to incorporate the terms and conditions of approval deemed necessary by the City
17 including, but not limited to, any mitigative techniques and plans required by City Code.
18
19 * * *
20
21 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
22 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
23 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
24
25 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
26 Canaveral City Code and any section or paragraph, number or letter and any heading may be
27 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
28 like errors may be corrected and additions, alterations, and omissions, not affecting the
29 construction or meaning of this Ordinance and the City Code may be freely made.
30
31 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
32 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
33 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
34 be deemed a separate, distinct and independent provision, and such holding shall not affect the
35 validity of the remaining portions of this Ordinance.
36
37 Section 6. Effective Date. This Ordinance shall become effective immediately upon
38 adoption by the City Council of the City of Cape Canaveral, Florida.
39
40 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
41 of , 2020.
42
43
44
45 [Signature Page Follows]
46
47
48
49
City of Cape Canaveral
Ordinance No. 19-2019
Page 5 of 6
1
2
3 Bob Hoog, Mayor
4 For Against
5 Mike Brown
6
7 Mia Goforth, CMC Bob Hoog
8 City Clerk
9 Mickie Kellum
10 First Reading: December 17, 2019
11 Advertisement: Wes Morrison
12 Second Reading:
13 Angela Raymond
14 Approved as to legal form and sufficiency
15 for the City of Cape Canaveral only by:
16
17
18 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 19-2019
Page 6 of 6
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/17/2019
Item No. 9
Subject: Ordinance No. 20-2019; amending the City Code Chapter 110 — Zoning regarding
tattoo establishments and body piercing salons required to be licensed under Chapter 381,
Florida Statutes; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the code, severability and an effective date, first reading.
Department: Community Development
Summary: At the October 15, 2019 Council meeting, members of the audience addressed the
Council regarding the current zoning limitation placed on tattoo shops. Currently, the City Code
limits tattoo and body piercing establishments to the M-1 zoning district. It was the position of
the speakers that this restriction limits the viability of these businesses and represents a possible
violation of First Amendment rights.
With respect to the First Amendment violation, there have been several recent legal challenges
(one in the Eleventh Circuit Court of Florida) that speak to this. In Buehrle v. City of Key West,
the City banned tattoo establishments from its historic districts to protect these areas from
deterioration. However, the City did not demonstrate that the ban served a significant public
interest. Also, in Anderson v. City of Hermosa Beach, the United States Court of Appeal, Ninth
Circuit, concluded "in sum, we hold that the tattoo itself, the process of tattooing, and the
business of tattooing are forms of pure expression fully protected by the First Amendment."
In general, tattooing is a "safe procedure if performed under appropriate sterilized conditions."
Yurkew, 495 F.Supp. at 1252. According to the Centers for Disease Control and Prevention,
"[T]attoo artists protect themselves and their clients when following safe and healthy practices,"
including "using sterile needles and razors, washing hands, wearing gloves, and keeping
surfaces clean." See Centers for Disease Control and Prevention, Body Art: Tattoos and
Piercings (Jan. 21, 2008).
Florida Administrative Code, Chapter 64E spells out operational requirements that all tattoo
establishments must follow. Also, Florida Statutes requires anyone seeking licensure to
successfully complete an educational course on bloodborne pathogens and communicable
diseases. Compliance is monitored through regular inspections of tattoo establishments by the
Florida Department of Health.
However, it is recognized that the City can establish reasonable time, place and manner
restrictions on tattoo and piercing establishments. See Ward v. Rock Against Racism (1989) and
United States v. O'Brien (1968). These include regulations dealings with such things as taxes,
health regulations, or nuisance ordinances.
To that end, the proposed ordinance limits tattoo and body piercing establishments to the City's
C-1 and C-2 zoning districts. The establishments must be located within a building that fronts
State Road AlA or the west side of N. Atlantic Avenue south of Church Lane. In addition, the
establishment shall not be located within 100 feet of any pre-existing residential use or property
designated residential on the City's future land use or zoning maps. Note that the proposed
ordinance removes these businesses from being allowed in the City's M-1 district. This is
consistent with how the City's zoning ordinance treats similar commercial businesses.
City Council Meeting
Date: 12/17/2019
Item No. 9
Page 2 of 2
At its December 4, 2019 meeting, the Planning and Zoning Board recommended Approval of
Ordinance No. 20-2019.
Submitting Department Director: David Dickey Date: 12/10/19
Attachment: Ordinance No. 20-2019
Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare
Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/10/19
The Interim City Manager recommends City Council take the following action:
Approve Ordinance No. 20-2019 upon first reading.
Approved by Interim City Manager: Todd Morley Date: 12/10/19
1 ORDINANCE NO. 20-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING THE CITY CODE CHAPTER 110 — ZONING
6 REGARDING TATTOO ESTABLISHMENTS AND BODY
7 PIERCING SALONS REQUIRED TO BE LICENSED UNDER
8 CHAPTER 381, FLORIDA STATUTES; PROVIDING FOR
9 THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
10 AND RESOLUTIONS, INCORPORATION INTO THE CODE,
11 SEVERABILITY, AND AN EFFECTIVE DATE.
12
13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
15 law, and the City's inherent police power to establish zoning regulations within the jurisdictional
16 limits of the City of Cape Canaveral; and
17 WHEREAS, the City Council recognizes that tattooing is a form of expressive activity
18 afforded First Amendment protection. Buehrle v. City of Key West, 813 F.3d 973 (l lth Cir. 2015)
19 (City failed to meet its burden of demonstrating that its ban on tattoo establishments in historic
20 district served its alleged significant governmental interest of protecting historic district from
21 deterioration, and thus ordinance was not narrowly tailored to serve a significant governmental
22 interest); See also, Anderson v. City of Hermosa Beach, 621 F.3d 1051 (9th Cir. 2010)( holding
23 that the City's total ban on tattoo parlors was not a reasonable `time, place, or manner' restriction
24 because it is substantially broader than necessary to achieve the City's significant health and safety
25 interests and because it entirely forecloses a unique and important method of expression); and
26 WHEREAS, the City Council also recognizes that the City may impose reasonable time,
27 place, and manner restrictions on tattooing establishments and body piercing salons, See Ward v.
28 Rock Against Racism, 491 U.S. 781, 791 (1989); United States v. O'Brien, 391 U.S. 367, 377
29 (1968) including, but not limited to, generally applicable laws such as taxes, health regulations, or
30 nuisance ordinances; and
31 WHEREAS, due to modern trends in siting and recent demand expressed to the City
32 Council, for safe and licensed tattoo establishments and body piercing salons required to be
33 licensed under Chapter 381, Florida Statutes within the City, the City Council finds it to be in the
34 City's best interest to provide for alternative limited commercial locations for licensed
35 tattoo establishments and body piercing salons pursuant to the requirements set forth in this
36 Ordinance; and
37 WHEREAS, the City Council also recognizes that the City is currently undergoing a
38 comprehensive rezoning study and project that will maintain and preserve certain portions of the
City of Cape Canaveral
Ordinance No. 20-2019
Page 1 of 5
1 C-1 Zoning District for commercial related uses (especially along the State Road A1A corridor)
2 and also address numerous pre-existing residential uses located within current C-1 Zoning areas that
3 will likely be rezoned residential for purposes of making said residential uses conforming, and
4 therefore, there is a substantial government interest within City of Cape Canaveral to ensure that
5 any future tattoo establishments and body piercing salons within the C-1 Zoning District, as a
6 commercial use, be located within a commercial building located adjacent to and fronting the
7 commercial corridor State Road AIA and not within 100 feet of pre-existing residential uses; and
8 WHEREAS, the City's Land Planning Agency conducted a public hearing to consider
9 this Ordinance on December 4, 2019, and after receiving testimony and evidence and
10 deliberating about the merits of the Ordinance, recommend that the City Council adopt the
11 Ordinance; and
12 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
13 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
14 Canaveral.
15 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
16 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
17 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as
18 legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
19 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape Canaveral,
20 Florida, is hereby amended as follows: (underlined type indicates additions to the City Code and
21 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of
22 text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks
23 and set forth in this Ordinance shall remain unchanged from the language existing prior to
24 adoption of this Ordinance):
25
26
27
28 ARTICLE VII. — DISTRICTS
29
CHAPTER 110 — ZONING
30 DIVISION 5. - C-1 LOW DENSITY COMMERCIAL DISTRICT
31 Sec. 110-331. - Intent; applicability.
32 (a) The requirements for the C-1 low density commercial district are intended to apply to an
33 area adjacent to major arterial streets and convenient to major residential areas. The types of uses
34 permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as
35 the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce
City of Cape Canaveral
Ordinance No. 20-2019
Page 2 of 5
1 conflict with adjacent residential uses and to minimize the interruption of traffic along
2 thoroughfares.
3 (b) The provisions of this division shall apply to all property designated as C-1 low density
4 commercial on the city's official zoning map. Further, those properties zoned C-1 that are located
5 within the boundaries of the AlA Economic Opportunity Overlay District, established pursuant to
6 article X of this chapter, shall be subject to the guidelines and standards of that article.
7 Sec. 110-332. - Principal uses and structures.
8 In the C-1 low density commercial district, the following uses and structures are permitted:
9 y.Y'.*
10 20. Tattoo establishments and body piercing salons required to be licensed under Chapter 381,
11 Florida Statutes, provided however, the establishment or salon must be located within a building
12 adjacent and fronting State Road A1A (Astronaut Blvd.) or the west side of N. Atlantic Avenue
13 south of Church Lane and no such establishment or salon shall be permitted to locate within 100
14 feet of any property with a pre-existing residential use or designated residential on the city's
15 comprehensive plan future land use map and/or official zoning map. Said 100 feet shall be
16 measured by following a straight line, without regard to intervening structures, from the building
17 or portion thereof in which the establishment or salon is occupying to the nearest boundary of the
18 residential property.
19 ***
20 DIVISION 6. - C-2 COMMERCIAL/MANUFACTURING DISTRICT
21 ***
22 Sec. 110-340. - Intent; applicability.
23 (a) The requirements for the C-2 commercial/manufacturing district are intended to apply to
24 an area adjacent to major arterial streets, located adjacent to existing commercial or manufacturing
25 uses and convenient to major residential areas. This district would be associated with a mix of low
26 density commercial and light industrial. The types of uses permitted are intended to serve
27 employment and consumer needs of nearby residential neighborhoods, as well as the commercial
28 needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed
29 structure.
30 (b) The provisions of this division shall apply to all property designated as C-2
31 commercial/manufacturing on the city's official zoning map. Further, those properties zoned C-2
32 that are located within the boundaries of the AlA Economic Opportunity Overlay District,
33 established pursuant to article X of this chapter, shall be subject to the guidelines and standards of
34 that article.
35 Sec. 110-341. - Principal uses and structures.
36 In the C-2 commercial/manufacturing district, the following uses and structures are permitted:
City of Cape Canaveral
Ordinance No. 20-2019
Page 3 of 5
1
***
2 25. Tattoo establishments and body piercing salons required to be licensed under Chapter 381,
3 Florida Statutes, provided however, the establishment or salon must be located within a building
4 adjacent and fronting State Road A1A (Astronaut Blvd.), and no such establishment or salon shall
5 be permitted to locate within 100 feet of any property with a pre-existing residential use or
6 designated residential on the city's comprehensive plan future land use map and/or official zoning
7 map. Said 100 feet shall be measured by following a straight line, without regard to intervening
8 structures, from the building or portion thereof in which the establishment or salon is occupying
9 to the nearest boundary of the residential property.
10 ***
11
12 DIVISION 7. — M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
13 DISTRICT
14
15 ***
16
17 Sec. 110-352. - Principal uses and structures.
18
19 In the M-1 light industrial and research and development district, the following uses and structures
20 are permitted, provided any use or group of uses that are developed, either separately or, if
21 developed as a unit with certain site improvements, shared in common, meet requirements of
22 article IX of this chapter:
23
24 ***
25 11. RESERVED. Tattoo establishments and those body piercing establishments required to
26 be licensed under F.S. § 381.0075, provided however, no such establishment shall be permitted to
27 locate within 100 feet of any pre existing residential use or any property designated residential on
28 the city's comprehensive plan future land use map and/or official zoning map.
29
30 ***
31
32 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
33 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
34 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
35
36 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
37 Canaveral City Code and any section or paragraph, number or letter and any heading may be
38 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
39 like errors may be corrected and additions, alterations, and omissions, not affecting the
40 construction or meaning of this Ordinance and the City Code may be freely made.
41
42 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
43 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
44 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
City of Cape Canaveral
Ordinance No. 20-2019
Page 4 of 5
1 be deemed a separate, distinct and independent provision, and such holding shall not affect the
2 validity of the remaining portions of this Ordinance.
3
4 Section 6. Effective Date. This Ordinance shall become effective immediately upon
5 adoption.
6
7
8 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
9 of , 2020.
10
11
12 Bob Hoog, Mayor
13
14 ATTEST: For Against
15
16 Mike Brown
17
18 Mia Goforth, CMC Bob Hoog
19 City Clerk
20 Mickie Kellum
21 First Reading: December 17, 2019
22 Advertisement: Wes Morrison
23 Second Reading:
24 Angela Raymond
25
26
27 Approved as to legal form and sufficiency
28 for the City of Cape Canaveral only by:
29
30
31 Anthony A. Garganese, City Attorney
32
City of Cape Canaveral
Ordinance No. 20-2019
Page 5 of 5
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/17/2019
Item No. 10
Subject: Appoint a Voting Delegate/Director and Alternate to the Space Coast League of Cities.
Department: City Clerk's Office
Summary: Every December, the governing body of each member municipality must appoint a
Voting Delegate/Director and an Alternate to the Space Coast League of Cities (SCLOC). Only
the member municipality's Elected Officials, City Manager, City Attorney, City Clerk and
Department Directors are eligible to be a Voting Delegate/Director and Alternate. The person
appointed as Voting Delegate serves as both the member municipality's Voting Delegate at
membership meetings and as its representative to the Board of Directors. The Voting Delegate
and the Director are the same person. The sole function of the Alternate for the Voting
Delegate/Director is to vote in the absence of the Voting Delegate/Director.
Council Member Angela Raymond is the current Voting Delegate/Director and former Council
Member Rocky Randels was the Alternate. As the City has historically appointed elected
officials to serve as SCLOC Voting Delegates/Directors/Alternates, Staff recommends Council
appoint two of its own members to these positions.
Submitting Department Director: Mia Goforth A4--- Date: 12/6/19
Attachment: None
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/10/19
The Interim City Manager recommends City Council take the following action:
Appoint a Voting Delegate/Director and Alternate to the SCLOC.
Approved by Interim City Manager: Todd Morley Date: 12/6/19
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/17/2019
Item No. 11
Subject: Impacts of adding a pool to the Canaveral City Park Multi -Generational Facility
(MGF) Project.
Department: Leisure Services
Summary: At the November 19, 2019 City Council Meeting, Staff was directed to investigate
the possibility of adding a small swimming pool inside the MGF Project located at Canaveral
City Park. Architects RZK, Inc. provided the attached letter regarding the addition of a pool.
Other considerations:
Costs:
• Liability insurance premium increase by as much as 20% depending on the pool's size,
• Property insurance premium increase,
• Staffing increase (lifeguards and associated aquatic personnel to cover operating hours),
• Daily maintenance costs of chemicals, cleaning supplies, paper goods, electricity/gas
and other supplies/equipment necessary to run an aquatic facility, and
• Precise numbers are difficult to predict as size of the facility would dictate costs.
Site impact:
• Placing the pool outside of the building will impact required on -site parking.
Pool size considerations:
• The size of the pool will affect the City's ability to serve residents as a small pool equals
lower load capacity and could create scheduling conflicts. Conversely, a large pool
would accommodate more residents but would include higher operating and
maintenance costs.
Submitting Department Director: Gustavo Vergara 9`-) Date: 12/10/19
Attachment: Architects RZK Inc. submittal
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 12/10/19
The Interim City Manager recommends City Council take the following action:
Provide direction to Staff.
Approved by Interim City Manager: Todd Morley Date: 12/9/19
RZK
Architects RZK, Inc.
November 25, 2019
Mr. Gustavo Vergara
City of Cape Canaveral
7300 N. Atlantic Avenue
Cape Canaveral, FL 32920
Reference: Multi -Generational Center (RZK # 2018.12)
Subject: Swimming Pool Addition
Dear Mr. Vergara:
Architects RZK, Inc. (RZK) understands the City of Cape Canaveral desires to include
a swimming pool within the Multi -Generational Center (MGC) building.
With that in mind, I've polled our design consultants and we believe the most
reasonable method of accomplishing this would be to add a stand-alone, or isolated
extension, to the current MGC design to house the pool. The extension would be a self-
contained building with a connecting link into the MGC.
Our rationale is based upon the following:
• Placing a pool within the current building, regardless of the size, would require a
complete redesign of the Multi -Generational Center as the design is presently
complete, with exception of adding the solar power system. It would involve all
disciplines and be a major effort as we would essentially need to start over with
the design. This is not a practical endeavor for the City.
• A pool, especially one with chlorine purification, would create a caustic
atmosphere which would rapidly deteriorate interior finishes within the MGC.
Even if all the finishes and fixtures were changed to something more durable
during the redesign effort.
• The project schedule would be delayed significantly with a redesign and the cost
for the facility would increase due to the delay.
Designing an addition to be located to the north where the small parking lot is presently
shown is more practical (see attached highlighted plan).
Consider the following.
• Adjusting the site permitting would be minimal effort as the change would need
only to be approved by the City., provided we could maintain the current
stormwater retention volume in that area.
600 Florida Avenue, Suite 201 • Cocoa, Florida 32922 • Office: (321) 631-8039 • Fax: (321) 639-6872
AA C001568
• If the pool was to be placed at grade level the City would need to accept the Toss
of those ten (10) parking spaces.
• If the pool were placed above the parking, so as not to impact the parking count,
that could be accomplished but at a much higher cost versus placing the pool at
grade level because the pool structure would be multi -story versus a single story
facility.
• A structure for only the pool would allow the design team to mitigate the impact of
the caustic nature of the atmosphere associated with the pool purification
methods and essentially the present MGC design.
Should you have any questions please feel free to contact me at your convenience.
Sincerely,
Architects RZK, Inc.
John C. Zwick, President, Architect LEED AP
2|Page City of Cape Canaveral
55
FOUND 5, IRON ROD
CAP LB 6464
36X30" CATCH BASIN 6.74
36X30" CATCH BASIN 6.79
F4FOUND
IRCN ROD NO ID
SET NAIL & DISK ALLEN
ENG LB 6fi
36X30" CATCH BASIN 169
SD
TRANSFORMER PAD
COORDINATE WITH
ELECTRICAL PLANS
AND FPL
12 LF CONC. RAMP
W/ALUM. HANDRAIL,
FOOT INDEX 15-070
ORANGE AVENUE
EV. DUAL CHARGING
STATION, SEE NOTE a8
FOUIVD I/z"
No ID
IRON R,_
25.
SETBACK
GONG. STEP;
(2) 6' RISER .
12' TREAD
NOTliF BOARD
2EA.
FTP 20-06
FTP 22-
36X., CATCH ,ASIN 6.73,
5406" .ACP
INSTALL STANDARD BOLLARDS
(4 TYP. EA SIDE)
JACKSON 4 saLAR
5s ss POYYERED LED
AVENUE BOLLARDS, 2
CENTER TO BE
36X30' CATi_ REMOVABLE
SITE INFORMATION:
OWNER: SURVEYOR &CIVIL NGINEER:
City of Cape Canaveral Allen Engineering, Inc.
100 Polk Ave. 106 Dixie Lane
Cape Canaveral, FL 32901 Cocoa Beach, FL. 32931
Telephone: (321) i'421220 elephone: (321) "22 443
PM. Todd Morle Faz: 321 7835902
Y ( )
t.modey®cityofcapecanaveral.org info allene .""
(321)-868-1205
ARCHITECT: LANDSCAPE ARCHITECT:
Architects RZK,Edward J. Haeck, R.L.A.
60D Florida Ave. Suite 202 1711 Hickory St.
Cocoa, FL 32922 Melbourne, FL 32901
Telephone: (321) 631-8039 Telephone (321) 327-4524
eyi cflrrom
Site acreage: 218,010 S.F. = 5.00 Acres
Account jj : 2433266
Taz Parcel ID : 24-37-23 CG-P
Zoning: R-2 (Medium Density Residential District)
F.L.U.: PUB (Public/Recreation)
Adjacent zoningEst: R-2
North: R-2-2 West: R-2
South: R
SOLAR POWERED LIGHT
FIXTURE. CITY STANDARD
ss
rJ ss ss
SMH 7,9(
SWIMMING POOL ADDITION
121.32.
l
ARCHWAY ENTRY ?-•
SIGNS.
GNS. SEE ARCH. PLANS_ - & — —
Exist. Building coverage: ,250 S.F. = .D52 AC. =1.66%
Exist. Parking coverage: 8,934 S.F = 0.205 AC. =3.75%
Exist. Sidewalk coverage: 1_887 S.F. = 0.365 AC. =2.60%
Prop. Building coverage: 15,137 F.
Prop. Parking coverage: 21,957 S.F.
Prop. Sidewalk coverage: 30,405 S.F. 0.698 AC.=13.96%
Impervious coverage: 67,499 S.F = 1.55 AC. = 31.00%
Open area: 150511 S.F. = 3.. AC. = 69.00%
Total 218,010 S.F. = 5.00 AC.=100.00%
Setbacks Required Provided
Front: 25' 25'
Side: 25' 79'
Rear: 25' 251'
Lat Width
Lat Depth
Max Building Height
Max Building Coverage
75'
100'
400.39'
514.61'
32.00'
6.52%
55
55
ROLL OUT CONTAINER
TRASH ENCLOSURE
RELOCATED BALLFIELD
LIGHTING
PAVER WALK
(T1'P•)
MONROE AVENUE
ss
55 55 55
ss
MA. EXISTING SIDEWALK
-ss
275.08'
NORTH OF BLOCK 33 AND LOTS 1-16 OF BLOCK
AND THAT PORTION OF JACKSON AVENUE LYING EAST OF GRANO VENUE
AND WEST OF MAGNOLIA AVENUE
NOTES:
1. FOR GENERAL NOTES SEE SHEET C-001.
2. ALL SIDEWALKS WITHIN CITY R/W SHALL BE 4. THICK TO MATCH EXISTING SIDEWALK.
3. ALL CONSTRUCTION IN CITY R/W MUST MEET FDOT DESIGN STANDARDS AND FOOT STANDARD
SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, LATEST EITION.
4. SOD ALL AREAS DISTURBED BY CONSTRUCTION ONSITE AND IN PUBLIC R/T WITH 00130 SOD. SLID
SHALL BE ESTO WffH STAGGERED JOINTS AND CUT -IN TD MATCH LEVEL WITH EXISTING SOD.
5. ALL PAVEMENT STRIPING SHALL BE THERMOPLASTIC.
6. BIKE RACK PADS TO BE CONSTRUCTED BY CONTRACTOR. BIKE RACKS TO BE PROVIDED AND
INSTALLED BY CITY. CONTRACTOR TO COORDINATE BIKE PAD CONSTRUCTION WFIH COY.
7. A BIKE -SHARE STATION WILL SOON BE CONSTRUCTED BY THE CITY ALONG MONROE AVE AND WILL
NOT AFFECT THESE DRAWINGS.
8. CONTRACTOR SHALL PROVIDE THE POWER AND FOUNDATION SUPPORT FOR THE ELECTRIC VEHICLE
(E.V.) CHARGING STATIONS, THE CITY WILL PROVIDE AND INSTALL HCS SHARE 2 CHARGING STATIONS
MANUFACTURED BY CLIPPER CREEK, COORDINATE WITH THE CITY.
SECURITY CAMERA/LIGHT POLE
7
7.5
55
APPROX. OMITS OF
coNST ATi
14. CONC. WALK
PROMENADE; PICTURE FRAME
JOINT PATTERN WN GHT
BROOM FINISH OW.)
z R U
14' PAVER WALK
MP.)
SEE SHEET C-102
SS
Ss
\o.CLPu
n-0H 8.14
REUSE VAULT
(BY OTHERS)
ARCHWAY NTRYCH. SIGNS, SEE AR
PLANS
ss
4. DIA.
POWERED -LIGHT
FIXTURE, CITY STANDARD
(Tr•)
DMH 8.19N
LEGEND:
HANDICAP PARKING SYMBOL
PARKING SPACE COUNT
TRAFFIC FLOW
STOP SIGN & STOP BAR
STOP
R1-1
SF SILT FENCE
- - PROPERTY BOUNDARY
APPROX. LIMIT OF CONSTRUCTION
a-❑ SOLAR POWERED LIGHT FIXTURE (SINGLE)
36X3D" CATCH ASIIJ 6.38
DMH 6,93
ssss
SET NAIL & DISK ALLEN
ENG LB 2661
'STP
FTP 20-06
FTP 22-06
_FOUND 1/2" IRON ROD
NO ID
36X3C,, CATCH BAST IJ_
fi.42
Z
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INSTALL STANDARD
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N'
t{ED LIGHT SOLAR POWERED AVENUE
BOLLARDS, 2 CENTER
TO BE REMOVABLE
KEYMAP
N.T.S.
N
20 40'
GRAPHIC SCALE
1"= 20'
®fM Mamas let TAIL
Architects RZI{, Inc.
AA-0001.
600 FLORIDA AVENUE
SUITE 201
COCOA, FL 32922
T 321.631.8039
F 321.639.6372
www. ARC H ITECTS RZK.com
ngNineering,lnc.
ENGNEERS - SURVEYORS
108 DD) = LAPS (P.O. BOX 321320
COCOA BEACH, FLORDA 32932-1321
TELEPHONE (320783-7443
FAX. (321)783-5902
E INL nioalenerpnet
No 65400
SUBMITTALS
CONSTRUCTION DOGS 02,7/19
FOR PERMIT
FOR CLIENT REVIEW
03/05/19
COCOA WATER REV.
04/02/19
COMM. APPEAR. BOARD
05/22/19
CAPE CANAVERAL
MULTI
GENERATIONAL
FACILITY
7920 ORANGE AVE., FL.
DRAWING TITLE:
SITE AND
STRIPING PLAN
ISSUED FOR
PERMIT
DATE: 05/22/19
JOB NO.: 180015
DRAWN BY: PAR
CHECKED BY: DAL
DRAWING NO.:
0-101