HomeMy WebLinkAboutcocc_council_mtg_packet_20200218CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
February 18, 2020
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. — 6:40 p.m.
Presentation of Proclamation to staff, volunteers and board members of the Cape Canaveral Public
Library, recognizing the importance of libraries in our Community and declaring February to be
National Library Lovers' Month in the City of Cape Canaveral.
Presentation of Proclamation declaring March 2020 as Problem Gambling Awareness Month to
Florida Council on Compulsive Gambling Board President David Griffin.
Presentation by AARP Florida, Associate State Director of Advocacy & Outreach Ingrid Collins
regarding the City of Cape Canaveral's membership in the AARP Network of Age -Friendly States
and Communities Program and its role in the City's sustainability and resiliency initiatives.
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal
Year ended September 30, 2019 — Presentation by Zach Chalifour, James Moore & Co.
Interview Applicant for appointment to the Planning and Zoning Board. (Ann [Nancy] Gentilquore)
CONSENT AGENDA
6:40 p.m. — 6:45 p.m.
1. Approve Minutes for January 21, 2020 Regular Meeting.
2. Resolution No. 2020-02; approving request for funding assistance under the Florida Inland
Navigation District Waterway Assistance Program for construction of an environmental
education boardwalk and kayak/canoe dock at the future Long Point Estuary Park;
providing for the repeal of prior inconsistent resolutions, severability and an effective date.
3. Resolution No. 2020-03; authorizing joining the Florida Hate Crime Coalition; providing
for the repeal of prior inconsistent resolutions, severability and an effective date.
City of Cape Canaveral, Florida
City Council Meeting
February 18, 2020
Page 2 of 2
4. Resolution No. 2020-04; appointing a member to the Planning and Zoning Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Ann [Nancy] Gentilquore)
5. Resolution No. 2020-05; approving the First Amendment to the State of Florida
Department of Transportation Restated Interlocal Agreement for creation of the
Transportation Planning Organization; providing for the repeal of prior inconsistent
resolutions, severability and an effective date.
6. Approve Interlocal Agreement with City of Cocoa for funding potable water line design,
permitting, bidding and construction as part of the Thurm Boulevard Streetscape Project
and authorize the Mayor to execute same.
7. Award the Bid for Mowing and Landscaping Maintenance to U.S. Lawns of Rockledge,
Florida in the amount of $190,043.00 and authorize Interim City Manager to execute
Mowing and Landscaping Agreement for same.
PUBLIC HEARINGS
6:45 p.m. — 6:55 p.m.
8. Ordinance No. 01-2020; amending the City Code to establish locational, design and
operational requirements for self-service storage facilities within the City; adopting
conforming amendments to the Zoning Code including revising definitions and existing
storage regulations; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability and an effective date, second
reading.
9. Ordinance No. 02-2020; amending Chapter 26 — Elections, of the Code of Ordinances;
changing the qualifying period for candidates for the offices of Mayor and City Council to
be consistent with the requirements of the Brevard County Supervisor of Elections;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation
into the Code, severability and an effective date, first reading.
REPORTS
6:55 p.m. — 7:00 p.m.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the City Council with respect to
any matter considered at this meeting, that person will need a record of the proceedings, and for
such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested
parties may attend this Public Meeting. The facility is accessible to the physically handicapped.
Persons with disabilities needing assistance to participate in the proceedings should contact the
City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Presentation of Proclamation to staff, volunteers and board members of the Cape
Canaveral Public Library, recognizing the importance of libraries in our Community and declaring
February to be National Library Lovers' Month in the City of Cape Canaveral.
Department: Cultural and Community Affairs
Summary: The purpose of a public library is to provide resources and services, in a variety of media,
to meet the needs of a Community for education, information, personal development, recreation
and leisure, which contributes to the overall quality of life in our City.
Libraries play an important role in the development and maintenance of a democratic society, by
facilitating inclusive access to a wide and varied range of knowledge, ideas and opinions. While
they are intended to serve all people inclusively, libraries have a special responsibility to meet the
needs of children, who find such excitement in works of the imagination and benefit from enriching
experiences throughout their lives, thereby enhancing their contribution to society and the future
of our Community.
The City of Cape Canaveral is not only home to a single brick -and -mortar library facility; but also
seven Little Free Libraries located in parks and other public spaces throughout the City. Through its
partnership with Brevard County Public Libraries and participation in the Little Free Library Program,
the City of Cape Canaveral demonstrates daily its commitment to the promotion of literacy and the
accessibility of knowledge. It stands evident that this Community is one that deeply appreciates
libraries, along with the staff and volunteers that make them the valued institutions they are.
Present this evening to accept this Proclamation are several library staff members and volunteers,
as well as members of the City's Library Board.
Submitting Department Director: Molly A. Thomas Date: 2/11/2020
Attachment:
Proclamation
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2/11/2020
Interim City Manager recommends City Council take the "following action:
Approved by Interim City Manager: Todd Morley Date: 2/10/2020
Official
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS, the purpose of a public library is to provide resources and
services, in a variety of media, to meet the needs of a Community for
education, information, personal development, recreation and leisure; and
WHEREAS, libraries play an important role in the development and
maintenance of a democratic society by facilitating inclusive access to a wide
and varied range of knowledge, ideas and opinions; and
WHEREAS, libraries are of significant value to their communities by
providing educational and cultural enrichment opportunities, and acting as
a positive agency for change on both individual and community levels; and
WHEREAS, libraries have a special responsibility to meet the needs of
children and young people, who find such excitement in works of the
imagination and benefit from enriching experiences throughout their lives,
thereby enhancing their contribution to society and the future of our
Community; and
WHEREAS, the City of Cape Canaveral has not just a single public
library, but now seven Little Free Libraries that serve its community as well;
and
NOW, THEREFORE, 1, Robert E. Hoog, Mayor of the City of Cape
Canaveral, Brevard County, Florida, do hereby proclaim February, 2020 as
NATIONAL LIBRARY LOVERS MONTH
in the City of Cape Canaveral and do hereby encourage our residents to visit
one of our many library locations and enjoy the wealth of knowledge,
inspiration and imagination they have to offer.
Signed and Sealed this Day of
Mayor
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Presentation of Proclamation declaring March 2020 as Problem Gambling Awareness
Month to Florida Council on Compulsive Gambling Board President David Griffin.
Department: City Clerk's Office
Summary: As the statewide advocate and resource/referral center on issues involving problem
gambling, and pursuant to its contract with Florida state government, the Florida Council on
Compulsive Gambling (FCCG) is seeking the City's partnership in the March 2020 Problem Gambling
Awareness Month (PGAM) Campaign: "Problem Gambling Keeping You from Your Goals?" by
issuing a proclamation. With many states now legalizing sports betting, alongside the rise in daily
fantasy betting and the ever -changing growth in technology, this year's campaign focuses on the
impacts of wagering on sports among citizens of all ages. At this time, FCCG is seeking assistance
in helping to raise public awareness because "disordered gambling" (defined by the American
Psychiatric Association) is having debilitating impacts on Floridians, families, employers, insurance
companies, the criminal justice and judicial systems, communities and society at -large.
Disordered gambling affects more than 200,000 Floridians daily, which does not include the 8-10
others who are adversely affected by each gambler's activities. In addition, over 700,000 residents
are at -risk of developing a gambling addiction. At this time, nearly 90% of Florida adults, ages 18
and older, have participated in some form of gambling and among minors, ages 13-17, nearly 70%
admit to betting, despite the legal gambling age of 18. For most, gambling is an occasional pastime
and does not create hardships. However, for some it is every bit as devastating as other addictions,
such as drugs or alcohol. As sports betting opportunities have increased in recent decades, and the
ease in which one can gain access to place wagers on sporting events, FCCG believes it is imperative
that efforts be made to mitigate the expansion of gambling addiction and its effects. The attached
Proclamation will help raise awareness about problem gambling, which is treatable for those who
seek help and will educate the public about the FCCG's 24-hour confidential and multilingual
Problem Gambling Helpline, 888-ADMIT-IT.
Present tonight is David Griffin, President of the FCCG Board, to receive the Proclamation.
Submitting Department Director: Mia Goforth ' g*--Date: 2/11/2020
Attachment: Proclamation
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2/11/2020
Interim City Manager recommends City Council take the following action:
Present Proclamation to Mr. Griffin.
Approved by Interim City Manager: Todd Morley Date: 2/11/2020
Official
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS, recognizing Problem Gambling Awareness Month (PGAM)
demonstrates support in addressing problem gambling and the initiative of the Florida
Council on Compulsive Gambling to bring awareness to the issues surrounding problem
gambling in our community; and
WHEREAS, problem gambling is a serious public health issue which impacts family,
friends and businesses with significant societal and economic costs, affecting more than
one million Floridians of all ages, races and ethnic backgrounds in all communities; and
WHEREAS, it is estimated that more than six million Floridians of every age, race,
ethnicity and socioeconomic status suffer from problem gambling and need treatment;
and
WHEREAS, each problem gambler directly affects 8-10 other individuals with
negative consequences to personal and social relationships of the immediate family; and
WHEREAS, the issue of problem gambling is a community issue, as 8-10 people
are affected for every one problem gambler and conservative estimated social costs within
the State of Florida are $7 billion annually; and
WHEREAS, educating the public about how problem gambling affects everyone in
the community, including youth, older adults and families, is essential if we are to be
proactive about this problem; and
WHEREAS, the Florida Council on Compulsive Gambling's 2020 PGAM Campaign,
"Problem Gambling Keeping You from Your Goals?", provides an opportunity for the
public, policymakers, educators, businesses, mental health providers, criminal justice
professionals, the gaming industry and others to make known the adverse effects of
problem gambling, as well as available treatment; and
WHEREAS, any individual, professional or organization, dedicated to assisting
those in need, can participate in raising awareness and treating problem gambling by
promoting the statewide 24-hour confidential, multilingual HelpLine, 888-Admit-It.
NOW, THEREFORE, I, Robert Hoog, Mayor of the City of Cape Canaveral, Brevard
County, Florida, do hereby proclaim the month of March 2020 as
PROBLEM GAMBLING AWARENESS MONTH
Signed and Sealed this Day of
Mayor
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Presentation by AARP Florida, Associate State Director of Advocacy & Outreach Ingrid
Collins regarding the City of Cape Canaveral's membership in the AARP Network of Age -Friendly
States and Communities Program and its role in the City's sustainability and resiliency initiatives.
Department: Community Development
Summary: American Association of Retired Persons (AARP) is a nonprofit, nonpartisan organization
that empowers people to choose how they live as they age. The AARP Network of Age -Friendly
States and Communities Program (Program) is part of the AARP Livable Communities initiative and
an independent affiliate of the World Health Organization Global Network of Age -Friendly Cities
and Communities. The Program works throughout the nation to engage and mobilize communities,
share expertise and deliver technical assistance to the cities, counties and states in order to make
places more livable for people of all ages, especially older adults.
In December 2019, the City of Cape Canaveral joined the Program, which focuses on sustainable
changes and efforts that create livable communities where everyone can stay active, engaged, and
healthy with dignity and enjoyment. The network consists of more than 900 cities and communities
in 41 countries, working to improve their physical and social environments to become better places
in which to age.
Age -friendly communities strive to promote active, happy and healthy lifestyles for people of all
ages through the interconnected 8 Domains of Livability, which include: outdoor spaces and
buildings; transportation; housing; social participation; respect and social inclusion; civic
participation and employment; communication and information; community support and health
services.
With this in mind, the City strives to be more resilient and inclusive for all ages, and as a member
of the AARP Network of Age -Friendly States and Communities, the City will continue to pursue and
uphold the 8 Domains of Livability developed by the World Health Organization (WHO) and AARP
through its sustainability initiatives.
Submitting Department Director: David Dickey Date: 2/11/2020
Attachment: None.
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2/11/2020
Interim City Manager recommends City Council take the following action:
Receive Presentation by AARP Florida Associate Director Collins.
Approved by Interim City Manager: Todd Morley Date: 2/11/2020
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2019 — Presentation by Zach Chalifour, James Moore & Co.
Department: Financial Services
Summary: The Accounting Firm of James Moore & Co. performed the Annual Audit of the City's
Financial Statements for the Fiscal Year ended September 30, 2019. James Moore & Co. determined
the Financial Statements present fairly, in all material respects, the financial position of the City of
Cape Canaveral and are in conformity with Generally Accepted Accounting Principles. The Audit
was conducted in accordance with Generally Accepted Auditing Standards and Government Auditing
Standards. The findings and recommendations will be presented by Audit Manager Zach Chalifour.
Financial Highlights:
• The assets of the City exceeded its liabilities at the close of the most recent year by $50.4
million (net position). Of this amount, $6.5 million (unrestricted net position) may be
used to meet the City's ongoing obligations.
• The City's total net position increased by $1.61 million. This is the result of construction
projects completed during the year and the addition of capital assets, funded primarily
through capital contributions and grants.
• At the close of the Fiscal Year, the City's governmental funds reported combined ending
fund balances of $11.4 million, an increase of $297 thousand in comparison with the prior
year.
• At the close of the fiscal year, fund balance for the General Fund was $11,774,288. Of
this amount, $4,623 relates to inventory and prepaids as well as long-term advances and
is therefore nonspendable. The remaining fund balance includes: restricted ($612,387),
committed ($6,427,779), assigned ($1,206,400) and unassigned ($3,523,099) balances.
Within the committed fund balance category, the largest piece is $6,299,166 committed
for the construction of a Multigenerational Center and Cultural Arts Preservation and
Enrichment (CAPE) Center. Unassigned funds are available to fund on -going activities of
the City's various General Fund services and programs.
• The City's total long-term liabilities increased $281,636. This was due primarily to receipt
of additional State Revolving Fund money, offset by annual debt service payments on
the Capital Improvement Revenue Notes.
Submitting Department Director: John DeLeo Date: 2/7/2020
Attachment: James Moore & Associates Presentation
Financial Impact: Staff time to prepare this Agenda Item and cost of the Audit.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2/7/2020
Interim City Manager recommends City Council take the following action:
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal
Year ended September 30, 2019.
Approved by Interim City Manager: Todd Morley Date: 2/10/2020
CITY OF
CAPE CANAVERAL
Presentation To:
City of Cape Canaveral, Florida
Annual Audit for the Year Ended September 30, 2019
Presented by: Zach Chalifour, CPA
Doug Gillikin, CPA
February 18, 202C
James Moore
Certified Public Accountants and Consultants
Certificate of Achievement for
Excellence in Financial Reporting
Govemmcm Finance Officers Association
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
City of Cape Canaveral
Florida
For its Comprehensive Annual
Financial Rcpon
for the Fiscal Year Ended
September 30, 2018
Image of City Hall
James Moore
Certified Public Accountants and Consultants
Auditors' Reports
Audit Report (pages 27-29)
— Unmodified opinion
Single Audit Report (pages 121-122)
— State Single Audit - No findings
Internal Control and Compliance Report
(pages 123-124)
— No finding or comments
Chapter 10.550 Auditor General Report
(pages 125-126)
— All prior year comments resolved
Independent Accountants' Examination
Report (page 127)
Image of Welcome to City of Cape Canaveral EST 1963 Sign
General Fund
(Page 50)
• Fund Balance:
— Nonspendable $ 4,623
— Restricted $ 612,387
— Committed $ 6,427,779
— Assigned $ 1,206,400
— Unassigned $ 3,523,099
— Total Fund Balance $ 11,774,288
Image of walkway at Manatee Sanctuary Park
CITY OF
Cape Canaveral
James Moore
Certified Public Accountants and Consultants
General Fund
(continued)
• GFOA Recommendation:
— Minimum of 2 Months (16.7%) of recurring expenditures
and transfers out in assigned + unassigned fund balance.
• Total Assigned/Unassigned Fund Balance $ 4,729,499
• 2019 Expenditures + Transfers Out $12,179,975
• Percentage Assigned/Unassigned Fund
Balance as a percentage of
Expenditures and Transfers out
• Prior Year
CIT'OF
CAPE CANAVERAL
38.8%
34.1%
James Moore
Certified Public Accountants and Consultants
CRA Fund
(Pages 50 & 52)
• Total Fund Balance $ 44,132
• Revenue Increase Last 3 Years
$938,108
$655,589 $515,003
• Expenditures
— $343,366 operating/capital outlay
— $685,634 transfers out for debt service payments
• Separate Examination Report on Compliance
Image of walkway over body of water
James Moore
Certified Public Accountants and Consultants
Questions?
Image of beach crossover
James Moore
Certified Public Accountants and Consultants
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Interview Applicant for appointment to the Planning and Zoning Board. (Ann [Nancy]
Gentilquore)
Department: Community Development
Summary: Ms. Gentilquore is a retired Kennedy Space Center employee of 35 years. While working
at the Space Center, she served on numerous boards, committees and working groups. As she
states in her application, Ms. Gentilquore has a strong background in project planning,
development and management. She has volunteered at Cape Canaveral Hospital and desires to
serve her community.
Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve
on a board or committee of the City shall complete interviews with the Board or Committee on
which the person is seeking appointment and with the City Council.
Based on the Applicant's interest and positive recommendation from the Planning and Zoning
Board at its December 4, 2019 meeting, it is recommended Council interview Ms. Gentilquore.
Submitting Department Director: David Dickey? Date: 2/11/2020
Attachment:
1 — Board Application — Ann [Nancy] Gentilquore
2 — Board Recommendation Memo
Financial Impact: Staff time and effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2/11/2020
Interim City Manager recommends City Council take the following action:
Interview Applicant.
Approved by Interim City Manager: Todd Morley Date: 2/10/2020
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.
1.
2.
GENERAL
Applicant Name: Ann (Nancy) Gentilquore
Home Address:
8764 Ilex Ct, Cape Canaveral, FL
3. Home and Cellular Telephone: 321-408-0109
4. Occupation: Retired
5. Business Telephone:
6. Business Address:
7. E-Mail: BaileysID20@yahoo.com
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to serve
on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County?
2. • Have you been a resident of the City of Cape
Canaveral for 12 months or longer?
3a. Are you a Business owner.
3b. If yes to 3a, please list the name:
(Y) X (N)
(Y) X, (N)
(Y) (N) X
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) )X
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) X,
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? (Y) X (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage?
(Y) (N) X
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 currently volunteer at Cape Canaveral Hosp but Would
Like to contribute more to our City
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. Board of Adjustment*
b. 2 Business and Economic Development Board
c. Code Enforcement Board*
d. Community Appearance Board
e. 4 Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. 3 Library Board
h. 1 Planning and Zoning Board*
i. Other.
*Members of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any govemmental board or committee:
I was employed at KSC for 35 years during which I
served on numerous committees and working groups
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for m mbership on the desired board or committee.
I have a strong background in project planning,
Development and Management
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State
disclosing race, gender, and physical disabilities of board and committee members. Please check the
appropriate boxes:
Page 2 of 3
RACE
African -American
Asian -American
Hispanic -American
Native -American
X Caucasian
Not Known
GENDER
Male
X Female
Not Known
DISABILITY
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY
ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 221.
Signature (Applicant's Signature)
Please return to:
City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
Date: 10/23/19
RECEIVED
OCT 24 2019
KS
11:51 AM
For Office Use Only:
Date application received:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
By:
Page 3 of 3
Attachment 2
City of Cape Canaveral Community Development
100 Polk Avenue
P.O. Box 326
Cape Canaveral, FL 32920
321-868-1220
Memo
TO: Cape Canaveral City Council
VIA: Todd Morley, Interim City Manager
FROM: David Dickey, Community Development Director
DATE: February 5, 2020
RE: Recommendation to the City Council — Planning and Zoning Board Applicant
Ann (Nancy) Gentilquore
At the December 4, 2019 Planning and Zoning Board meeting, the Board interviewed Ann
(Nancy) Gentilquore to fill a vacancy. Based on Ms. Gentilquore's background and professional
experience, the Board unanimously recommended the vacancy be filled by Ms. Gentilquore.
Please let me know if you have any questions. Thank you.
Item No. 1
DRAFT
CAPE CANAVERAL CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral, Florida
TUESDAY
January 21, 2020
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:01 PM. Council Member Morrison
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Mike Brown
Mayor Bob Hoog
Council Member Mickie Kellum
Council Member Wes Morrison
Council Member 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
Leisure Services Director
Public Works Services Director
Deputy City Clerk
Executive Assistant to the City Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriffs Office Lieutenant
Canaveral Fire Rescue Assistant Chief/Fire Marshal
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
David Dickey
Molly Thomas
Gustavo Vergara
Jim Moore
Daniel LeFever
Lisa Day
Andrew Walters
Quincy Hines
John Cunningham
PUBLIC PARTICIPATION: Ryan Hamby, resident, expressed concerns regarding speeding traffic
around the intersection of Madison and Magnolia Avenues and urged the City to consider
installing speed humps, signs, or add more frequent police patrols. Mayor Hoog indicated the
issue would be investigated and thanked Mr. Hamby.
CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion.
Council Member Kellum removed Items 1 and 2.
1. Approve Minutes for December 17, 2019 Regular Meeting.
DRAFT
City of Cape Canaveral, Florida
City Council Meeting Minutes
January 21, 2020
Page 2 of 5
2. Award the Bid for construction of Water Reclamation Facility Process Improvements to
Carr & Collier, Inc. of Leesburg, Florida in the amount of $1,249,700 and authorize Interim
City Manager to execute Construction Agreement for same.
3. Award the Bid for replacement of Force Main No. 7 to T B Landmark Construction, Inc. in
the amount of $293,031 and authorize Interim City Manager to execute Construction
Agreement for same.
A motion was made by Council Member Kellum, seconded by Council Member Raymond,
to approve Item No. 3 on the Consent Agenda. The motion carried 5-0.
1. Council Member Kellum requested City Council Meeting Minutes from December 17, 2019
reflect her name in place of Rocky Randels under "Council Members Present"; and a revision to
Consent Agenda Item 3, to reference Mayor Pro Tem Brown and Council Member Kellum in the
discussion portion. A motion was made by Council Member Kellum, seconded by Council
Member Raymond, to accept the revised language for the City Council Meeting Minutes of
December 17, 2019. The motion carried 5-0.
2. Discussion ensued and included clarification regarding the Project Description contained
within the Agenda Item Summary, the Florida Department of Environmental Protection Consent
Order requirements, Construction Contract, grant funding up to $750,000 through the Florida
State Legislature excluded from the Construction Contract, the Project scheduled to go out for
bid late this year and whether the City is applying for grants through the Indian River Lagoon
Fund and the Florida League of Cities. Capital Projects Director Ratliff confirmed those options
will be reviewed. Interim City Manager stated the proposed Construction Agreement covers
installing various nutrient probes, installing variable frequency drives, replacing the flow meter
and installing the permanent carbon feed system. A motion was made by Council Member
Kellum, seconded by Council Member Raymond, to accept Consent Agenda Item 2. The
motion carried 5-0.
PUBLIC HEARINGS:
4. 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, second reading: City
Attorney Garganese read the title into the record and explained Ordinance amendments based
on the comments and direction received from the City Council during the first reading which are
being presented for consideration, including a sliding scale based on property size on page two
of the Ordinance, clarification that Staff decisions on proposed minor amendments shall be in
writing to the Planning and Zoning Board as part of the Board's regular meeting and a correction
to use present tense in the sliding scale portion. Discussion ensued and included Interim City
Manager Morley's suggestion to revise the language to Ordinance No. 19-2019, Section 110-221
DRAFT
City of Cape Canaveral, Florida
City Council Meeting Minutes
January 21, 2020
Page 3 of 5
(b), page 2 of 7, to "However, at the discretion of the community development director," and
explained the reason behind it. Council reached consensus to accept the amendments with no
need to come back for an additional reading. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Brown,
seconded by Council Member Raymond, to adopt Ordinance No. 19-2019 as written and
with the amendment, at second reading. The motion carried 5-0.
5. 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, second reading: City Attorney Garganese read
the title into the record, explained the Item and reviewed amendments based on Council direction
after the first hearing, additional conforming amendments made to mirror the Code language in
the C-1, C-2 zoning districts and also the 100-foot distance requirement for preexisting residential
or designated residential uses on the City's Future Land Use and Zoning Maps. Discussion ensued
regarding an eligible property located south of Church Lane. The Public Hearing was opened.
There being no comment, the Public Hearing was closed. A motion was made by Council
Member Morrison, seconded by Council Member Raymond, to adopt Ordinance No. 20-
2019 at second reading. The motion carried 5-0.
6. Ordinance No. 01-2020; amending the City Code to establish locational, design and
operational requirements for self-service storage facilities within the City; adopting conforming
amendments to the Zoning Code including revising definitions and existing storage regulations;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the
Code, severability and an effective date, first reading: City Attorney Garganese read the title into
the record and explained the Item. Discussion ensued and included how the action could set a
precedent for more storage facilities and issues surrounding storage units in the City, non-
conforming classifications and special exception history in the City, the proposed Ordinance may
incentivize redevelopment under new operational requirements and design standards, review and
approval process, outside storage, acreage requirements and controlling the amount of units,
supply and demand for facilities, ambiguous language with regard to construction materials and
enforcement, aesthetics, the Ordinance clarifies the definition of the use beyond the C-2 zoning
district to the M-1 zoning district and a suggestion to add form -based pictures as a guide for self-
service storage facilities in the Code and striking through the C-2 portion. City Attorney Garganese
and Interim City Manager Morley provided alternatives for Council consideration to either let
Ordinance No. 01-2020 die with no action or approve with modifications. The Public Hearing was
opened. Douglas Raymond, resident, expressed opposition to adopting the Ordinance. The Public
Hearing was closed. A motion was made by Council Member Morrison, seconded by Council
Member Kellum, to approve Ordinance No. 01-2020 as written. Motion failed 3-2 with
Mayor Hoog, Mayor Pro Tem Brown and Council Member Raymond voting against. Council
Member Morrison requested to make another motion. A motion was made by Council Member
DRAFT
City of Cape Canaveral, Florida
City Council Meeting Minutes
January 21, 2020
Page 4 of 5
Morrison, seconded by Council Member Kellum, to strike through the C-2 zoning district
portion and approve the rest of Ordinance No. 01-2020 as written. The motion carried 3-2
with Mayor Pro Tem Brown and Council Member Raymond voting against. Discussion
ensued and included how storage units belong in the M-1 zoning district, researching this type of
development should include the City Planner and positive comments regarding recent changes
on State Road A1A.
REPORTS:
Mayor Hoog discussed Mayor Emeritus Rocky Randels' current efforts advocating for the City in
Tallahassee and commented on proposed State legislation regarding vacation rentals that will
hurt Cape Canaveral and Home Rule in municipalities if passed.
Mayor Pro Tem Brown discussed pedestrian safety on State Road A1A in the City and Satellite
Beach and information received from Brevard County Sheriff's Office, Canaveral Precinct
Commander Walters regarding proactive law enforcement measures taken to address traffic
infractions in the City.
Commander Walters discussed a pedestrian safety grant funded by the Florida Department of
Transportation which resulted in the number of issued citations rising over thirty percent since
last year, warnings issued to pedestrians and bicyclists and the City has the highest congestion of
anywhere along State Road A1A due to high -volume transient traffic. Council thanked
Commander Walters and the Brevard County Sheriff's Office for their efforts.
Council Member Raymond discussed the Space Coast League of Cities meetings, where a Mayors
discussion included the recent fatality in the City of Satellite Beach on State Road A1A and the
flashing yellow lighted crosswalks; and the invitation received by the City representatives on behalf
of the Council of Local Authorities for International Relations, Kimotsuki, Japan for the Mayor, City
Hall staff and previous host families from Cape Canaveral to travel to their Town in October 2020
during the annual Yabusame Festival and requested the Council reply. Discussion ensued and
included invitation details, Council Member interest in attending, extending the opportunity to
other citizens of the City and Cultural and Community Affairs Director Molly Thomas attending on
behalf of the City. Interim City Manager Morley provided two points of clarification that the
initiative is based on a pending federal grant for which representatives need the names of the
travelers and that Staff will ensure the offer to pay for Cape Canaveral travelers air fare and lodging
cannot be reciprocated as the City does not have a similar grant program in place at this time.
Council reached consensus for Staff to respond to the invitation with attendees to be
Council Member Raymond and Douglas Raymond, Cultural and Community Affairs Director
Thomas, to inquire if the offer could be extended to other City residents and to respond by
the end of the week to travel to Kimotsuki, Japan on behalf of the City.
DRAFT
City of Cape Canaveral, Florida
City Council Meeting Minutes
January 21, 2020
Page 5 of 5
Council Member Kellum discussed attending the 2020 Institute of Elected Municipal Officials
Training, how much is done in the City with a small work force, Home Rule and the rights of local
governments impacted by legislation on short-term rental properties, cell towers and tree
removal; and requested Council consensus to consider having Staff place related information in
Weekly Updates for citizen awareness.
Council Member Morrison thanked City Staff for their various efforts and assistance and discussed
the upcoming Sea Oats Planting in February.
Mayor Hoog thanked first responders and Staff and discussed reports of graffiti and damage to
bus shelters in the City.
Interim City Manager Morley discussed renegotiation efforts begun regarding Cherie Down Park
and potential uses for capital improvements to the park, the first Coffee with the Interim City
Manager scheduled for January 29 at Manatee Sanctuary Park, City Hall Open House events are
scheduled for February 14 and 15, and will attend the Florida City and County Management
Association Conference February 6 and 7.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:04 PM.
Bob Hoog, Mayor
Mia Goforth, City Clerk
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Item No. 2
Subject: Resolution No. 2020-02; approving request for funding assistance under the Florida Inland
Navigation District Waterway Assistance Program for construction of an environmental education
boardwalk and kayak/canoe dock at the future Long Point Estuary Park; providing for the repeal of
prior inconsistent resolutions, severability and an effective date.
Department: Capital Projects
Summary: The City -owned property located at the western end of Long Point Road consists of
approximately 7.9 acres, representing one of the last natural habitat areas within City limits
(Attachment 1). In 2019, the City entered into two agreements with St. Johns River Water
Management District (SJRWMD) to establish conservation easements on the property. As part of
the agreements, SJRWMD provided funds to the City for the removal of large areas of non-native
Brazilian pepper trees and to replant the areas with native species of trees and shrubs. Eradication
of the non-native plant species and the planting of new vegetation restores the property to its
natural state thus providing critical habitat for bird species including heron, ibis, spoonbill, osprey,
brown pelican, sea gull and other animal species. The conservation easements also allow for the
construction of a number of park -related amenities including an environmental education
boardwalk. Considering the lack of natural habitat within City limits and outside funding that was
provided for the work, this approach to improving the property was a win -win for all parties
involved.
Current/Proposed Future Improvements. In 2019, the City's contractor removed Brazilian pepper
trees and other non-native species and replanted the area with native species of trees and shrubs
(Attachments 2 and 3). The City's consultant is currently monitoring the site to ensure Brazilian
pepper trees do not resprout. To further improve the property, provide recreational activities to
residents and establish a new City park (Long Point Estuary Park — Attachment 3), the City proposes
to perform the following tasks in three work phases:
• Phase 1 - Construct an environmental education boardwalk from the end of Long Point
Road to the Banana River (approximately 1,000+ feet in length) and construct wildlife
observation platforms and kayak/canoe dock along the Banana River shoreline;
• Phase 2 - Construct a small parking area with a nature center/restroom on the eastern end
of the property; and
• Phase 3 - Install other park -related amenities (e.g., bat houses, bird houses, etc.).
To help defray costs for construction of the Phase 1 activities, the City is preparing a grant
application to Florida Inland Navigation District (FIND) to fund approximately 50% of the costs.
Phase 1 construction costs are estimated at $740,000 (Attachment 4); the City's application, which
is due in March 2020, will request $370,000 in funding support. Staff is also currently investigating
other potential sources of funding. To complete the grant application, the City Council must adopt
a resolution pledging future financial support for the project (Attachment 5).
Potential Future Park Uses. In order to provide residents additional access to the Banana River for
recreational activities, the City developed a Banana River Lagoon Waterway Trails Master Plan (Plan).
The key component of the Plan is construction of a series of wildlife observation platforms and
kayak/canoe docks that extend from the proposed aquarium site at Port Canaveral south to Cocoa
City of Cape Canaveral
City Council Meeting — February 18, 2020
Agenda Item No. 2
Page 2 of 2
Beach, perhaps as far as the Thousand Islands area (Attachment 6). This waterway trail would qualify
for State certification, would be the only such recreational amenity in east -central Florida and would
include wildlife observation platforms and kayak/canoe docks at the following locations:
• Brevard Aquarium site (Northwest Nature Park);
• Banana River Park;
• Manatee Sanctuary Park;
• Long Point Park;
• Center Street; and
• Wildlife Watersports Facility (Cocoa Beach) and into the Thousand Islands area.
Funding for construction costs of these facilities would be through grants from various
organizations that provide support for environmental education and recreational facilities.
Discussions with the Canaveral Port Authority, City of Cocoa Beach, SJRWMD and the Brevard Zoo
(aquarium) are ongoing. The need for this waterway trail program is long overdue as the Banana
River Lagoon has been an under-utilized natural asset for the City and surrounding populations.
With current City growth along with Port Canaveral's tourism, the development of this
educational/recreational facility provides for a winning program.
Submitting Department Director: Jeff Ratliff, - Date: 2/5/2020
Attachments:
#1 — Location Map
#2 — Aerial View of Property After Removal of Brazilian Pepper Trees
#3 — Planting, Boardwalk and Kayak/Canoe Dock Plan
#4 — Phase 1 Construction Costs (FIND Attachment E-5)
#5 — Resolution No. 2020-02 and FIND Attachment E-7
#6 — Selected Portions of Banana River Lagoon Waterway Trails Master Plan
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2/5/2020
Interim City Manager recommends City Council take the following action:
Adopt Resolution No. 2020-02.
Approved by Interim City Manager: Todd Morley Date: 2/5/2020
Attachment 1
BKI, Consulting Ecologists
401 Ocean Ave. Suite 204
Melbourne Beach, Florida 32951
321-951-7964
Subject: Location Map
Project: Long Point Road Property
Date: 11/10/18
Note: LABINS 2015 High Resolution Aerial
Attachment 2
Aerial view of area mulched within Long Point Park
Attachment 3
LONG POINT ESTUARY PARK
CITY OF CAPE CANAVERAL, FL
PLANTING PLAN
GENERAL NOTES FOR PLANTING PROGRAM AT LONG POINT ESTUARY PARK
1. A CONCEPTUAL BOARDWALK HAS BEEN SHOWN ON THIS PLANTING PLAN
FOR THE LONG POINT ESTUARY PARK. THIS BOARDWALK IS PROPOSED AS
SIX FOOT (6') WIDE WITH TEN FOOT (10') BUFFERS OFF EITHER SIDE. NEW
PLANTINGS SHOULD NOT BE PUT IN THIS ENVELOPE.
2. PRIOR TO THE START OF PLANTING THE NEW TREES, AN ON SITE MEETING
WILL BE HELD WITH CITY STAFF TO REVIEW THE PLAN AND COORDINATE
PLANTING ZONES.
3. AN EROSION CONTROL PLAN BY THE NURSERY FOR THIS WORK SHALL
ENSURE NO EXCAVATED MATERIAL I5 DISCHARGED INTO THE EXISTING SITE
DITCHES. THIS PLAN WILL BE REVIEWED BY CITY STAFF PRIOR TO START OF
WORK.
4. IT IS PROPOSED THAT TREE PLANTINGS WILL FOLLOW NATURAL PATTERNS
WITH CLUSTERS OR CLUMPING, AND STRANDS BEING PLACED IN
ACCORDANCE WITH THIS PLAN.
5. NEW TREE WATERING WILL BE BY THE CITY. COORDINATION WITH REUSE
WATER IN THE AREA WILL BE CONSIDERED.
6. APPROXIMATELY 330 TREES WILL BE PLANTED. TREES WILL BE OF 5' HEIGHT
AND COME IN 3 GALLON BUCKETS. TREES TO BE PLANTED INCLUDE:
a, LIVE OAK
b. RED CEDAR
c. CABBAGE OR SABAL PALM
d. PIG NUT HICKORY
e. AMERICAN HOLLY
7. TREES WILL BE PLANTED BY THE BEEMAN NURSURY AND IN CONFORMANCE
TO THE SJRWMD MITIGATION PLAN FOR THIS PROJECT.
8. TREES NEED TO BE PLANTED TO ALLOW FOR CITY WATERING BY USE OF
SMALL EQUIPMENT.
9. UPON COMPLETION OF PLANTING, CITY WILL PROVIDE TEMPORARY SIGNAGE
OR GATE SYSTEM TO PROTECT YOUNG TREES.
PLANT LEGEND
QUANTITY
54
48
34
113
81
TOTAL: 330
SYMBOL
0
0
PLANT NAME
LIVE OAK
PIG NUT HICKORY
O SOUTHERN RED CEDAR
SABAL PALM
0 AMERICAN HOLLY
SPECIFICATIONS
FULL 3 GAL, 20' O.C.±
FULL 3 GAL, 20' O.L.±
FULL 3 GAL, 20' 0.C.±
FULL 3 GAL,15' O.C.±
FULL 3 GAL,15' O.C.±
aew:mc<®es
Draw* lalaresatioa
Dew Sy: 00
arcked ay: JAP
Append ey. JAP
Dee: JULY 5. 2010
Seal
Maw* Number
Attachment 4
ATTACHMENT E-5
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM 2020
PROJECT COST ESTIMATE
(See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios)
Project Title:
LONG POINT ESTUARY PARK
Applicant:
CITY OF CAPE CANAVERAL
Project Elements
(Please list the MAJOR project elements
and provide general costs for each one.
For Phase I Projects, please list the major
elements and products expected)
Quantity or
Total Estimated
Cost
(Number and/or
Footage etc.)
Applicant's Cost
(To the nearest $50)
FIND Cost
(To the nearest $50)
• Engineering Construction Plans /
Mitigation for Dock
$25,000
$12,500
$12,500
• Dock (w/Decking); 480 s.f.
$45,000
$22,500
$22,500
• Boardwalk System; 2000 s.f.
$605,000
$302,500
$302,500
• Observation Deck
$50,000
$25,000
$25,000
• Stabilized Parking; 8 spaces
$10,000
$5,000
$5,000
• Mobilization
$3,000
$1,500
$1,500
• Erosion Control Turbidity Barrier
$2,000
$1,000
$1,000
**TOTALS =
$740,000
$370,000
$370,000
Form No. 90-25 (New 10/14/92, Revised 04-24-06)
Attachment 5
RESOLUTION NO. 2020-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA; APPROVING REQUEST FOR FUNDING ASSISTANCE UNDER THE
FLORIDA INLAND NAVIGATION DISTRICT WATERWAY ASSISTANCE
PROGRAM FOR CONSTRUCTION OF AN ENVIRONMENTAL EDUCATION
BOARDWALK AND KAYAK/CANOE DOCK AT THE FUTURE LONG POINT
ESTUARY PARK; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is interested in completing the following described project for the
enjoyment of the citizenry of Cape Canaveral and the State of Florida.
Project Title: Long Point Road Estuary Park
Total Estimated Cost: $740,000 (FIND funding request of 50% of project
cost - $370,000)
Brief Description of Project: The seven -plus acre waterfront park is part of the City's three-
mile Waterway Trails Program for kayaks and canoes. Long Point Estuary Park was
incorporated as a kayak/canoe dock similar to the FIND -supported Banana River Park dock,
and Long Point Estuary Park will include boardwalks and observation decks to provide
Banana River Lagoon educational benefits. Waterway signs for safety will be established
along the eastern shallow waters of the Lagoon and will not impact any main navigation.
For this FIND grant, we are requesting financial support of a second kayak/canoe dock at
Long Point Estuary Park (City -owned) and a boardwalk segment with observation deck.
FIND has previously funded our first kayak/canoe dock at Banana River Park which has been
very successful.
WHEREAS, the authority under Section 2(b), Article VII, of the State Constitution to
exercise any power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Florida Inland Navigation District (FIND) financial assistance is required for the
program mentioned above, and
WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in
the best interests of the public health, safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
City of Cape Canaveral
Resolution No. 2020-02
Page 1 of 2
Section 2. FIND Grant Application. The project described above is authorized and Staff is
directed to make application to FIND in the amount of 50% of the actual cost of the project on
behalf of the City of Cape Canaveral.
Section 3. City Certification. The City of Cape Canaveral certifies that it will accept the terms
and conditions set forth in FIND Rule 66B-2, FAC, as described in Attachment E-7, incorporated
herein.
Section 4. 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 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 18th day of February, 2020.
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. 2020-02
Page 2 of 2
Resolution No. 2020-02
ATTACHMENT E-7
RESOLUTION FOR ASSISTANCE 2020
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, the CITY OF CAPE CANAVERAL is interested in carrying out the following
described project for the enjoyment of the citizenry of CAPE CANAVERAL and the State
of Florida:
Project Title Long Point Estuary Park
Total Estimated Cost $740,000
Brief Description of Project: The 7+ acre waterfront park is part of the City's three-mile
Waterway Trails Program for kayaks and canoes. Long Point Estuary Park was
incorporated as a kayak/canoe dock similar to the FIND supported Banana River Park dock,
and Long Point Estuary Park will include boardwalks and observation decks to provide
Banana River Lagoon educational benefits. Waterway signs for safety will be established
along the eastern shallow waters of the Lagoon and will not impact any main navigation.
For this FIND grant, we are requesting financial support of a second kayak/canoe dock at
Long Point Estuary Park (City -owned) and a boardwalk segment with observation deck.
FIND has previously funded our first kayak/canoe dock at Banana River Park which has
been very successful.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the CITY OF CAPE CANAVERAL that the project
described above be authorized,
AND, be it further resolved that said CITY OF CAPE CANAVERAL make application to
the Florida Inland Navigation District in the amount of $370,000 (50%) of the actual cost
of the project in behalf of said CITY OF CAPE CANAVERAL,
AND, be it further resolved by the CITY OF CAPE CANAVERAL that it certifies to the
following:
1. That it will accept the terms and conditions set forth in FIND Rule 66B-2
F.A.C. and which will be a part of the Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
(1)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
3. That it has the ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said CITY OF CAPE
CANAVERAL for public use.
4. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by persons with disabilities as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post -audit of expenses
incurred on the project prior to, or in conjunction with, request for the final 10% of the
funding agreed to by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the CITY OF CAPE CANAVERAL at a legal meeting held on this 18th
day of February 2020.
Attest Signature
Title Title
(2)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
City of Cape Canaveral
Banana River Lagoon
Waterway Trails
Master Plan
August 2018
Attachment 6
Shoreline Master P/an , Canaveral/Cocoa Beach Paddle Trail
Collage of photos and maps related to the area, kayaking and wildlife
JOHN A. PEKAR, P.E., LLC
Civil Engineering/Consulting
102 Columbia Drive
Suite 207
Cape Canaveral, FL 32920
Office Phone: 321-613-2959
Cell Phone: 321-288-1040
johnpekarpe@gmail.com
Roni Flow: roniflowe@gmail.com
Office Manager Cell Phone: 321-403-9899
LEGEND
1. NORTHWEST NATURE PARK
2. BANANA RIVER PARK
3. MANATEE SANCTUARY PARK
4. LONGPOINT ESTUARY PARK
5. CENTER STREET PARK
Cropped map of area
WATERWAY TRAIL AND PARK IMPROVEMENT LOCATIONS
Map of area
SEE ENLARGEMENT
NEXT PAGE
EXISTING
DRAINAGE
PIPE
DIRECTION OF WATER FLOW
EXISTING WETLAND
A1A
BANANA RIVER
NORTHWEST NATURE PARK
ENLARGED MAP OF AREA
LEGEND
A. STABILIZED GRAVEL PARKING
B. HANDICAPPED PARKING (2 SPACES)
C. BIKE RACK
D. ENTRY INFORMATION KIOSK
E. ADA RAMP TO RAISED BOARDWALK
F. BAT HOUSE
G. RAISED BOARDWALK: < OR = 6' WIDTH
H. BOARDWALK SEATING AREA
I. SHALLOW STORMWATER TREATMENT DETENTION
J. COLLECTION SWALE (BOLD & GOLD)
K UPLAND NATIVE PALMS
L. OSPREY NEST PLATFORM
M. COVERED OBSERVATION DECK WITH KIOSK
N. KAYAK DOCK
O. SPREADER DISCHARGE
P. OYSTER BEDS
Q. HABITAT DEPRESSIONS
R. HABITAT ISLANDS
NORTHWEST NATURE PARK ENLARGEMENT
Aerial of Banana River Park
EXISTING PARKING
NEW KAYAK
STORAGE
NEW BENCH
WITH CANOPY
NEW
BENCHES
NEW
KIOSK
EXISTING KAYAK LAUNCH
EXISTING SOCCER FIELD
NEW NATIVE PALMS
NEW WAY-
FINDING FLAG
BANANA RIVER
BANANA RIVER PARK IMPROVEMENTS
Aerial of Manatee Sanctuary Park
NEW BOARDWALK
WAY-FINDING FLAG
NEW KAYAK DOCK
NEW COVERED
PAVILION WITH
KIOSK
MANATEE SANCTUARY PARK IMPROVEMENTS
Map of proposed Longpoint Estuary Park
LEGEND
A. ENTRANCE GATE
B. STABILIZED GRAVEL PARKING
C. HANDICAPPED PARKING (2 SPACES)
D. PRE-FAB ADA RESTROOM
E. ADA RAMP TO RAISED BOARDWALK
F. INFORMATION KIOSK
G. BIKE RACK
H. RAISED WOODEN BOARDWALK ( < OR = 6' WIDTH)
I. BOARDWALK SEATING AREA
J. BAT HOUSE
K. UPLAND NATIVE PALMS
L. OSPREY NEST PLATFORM
M. COVERED OBSERVATION DECK AND KIOSK
N. OPEN VIEWING DECK
O, SMALL COVERED PAVILION
P. KAYAK DOCK
Q. OYSTER BEDS
R. SHALLOW STORMWATER TREATMENT DETENTION
S. SPREADER DISCHARGE
T. HABITAT ISLAND
LONGPOINT ESTUARY PARK
Map of Center Street Park
BANANA
RIVER
NEW KAYAK
DOCK
NEW BOARDWALK
NEW
KIOSK
EXISTING GAZEBO
AND CONCRETE
WALKWAY
EXISTING ROCK
REVETMENT
NEW WAY -FINDING FLAG
CENTER STREET PARK IMPROVEMENTS
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Item No. 3
Subject: Resolution No. 2020-03; authorizing joining the Florida Hate Crime Coalition; providing
for the repeal of prior inconsistent resolutions, severability and an effective date.
Department: Legislative
Summary: This past January, the City of Cape Canaveral was invited to join the Florida Hate Crime
Coalition (FHCC). Founded in 2016 by the Anti -Defamation League, FHCC was established to
advocate for, and expand, comprehensive hate crime laws in Florida.
FHCC's core belief is that everyone should have a vested interest in ensuring that Florida is a safe
place for all, residents and tourists alike. Further, FHCC believes that if anyone at risk of being
victimized by a hate crime simply for who they are, what religion they practice, who they love or
what their national origin may be (all examples that are currently covered under the hate crime law),
then they should care that Florida hate crime law does not currently cover disability, gender, gender
identity, "association with" or mixed -motive hate crimes.
Partnered with over 200 organizations, elected officials and law enforcement leaders, FHCC's
mission is to secure amendments to the Florida hate crime law that would protect all Floridians. As
part of this mission, the City of Cape Canaveral has been invited to join FHCC. There is no cost to
join the coalition, as FHCC only requires the City to lend its name in support of its efforts via a
resolution (Attachment 1).
As part of its invitation, FHCC has provided an FAQ regarding hate crimes and Florida legislation
(Attachment 2).
Submitting Council Member: Mayor Bob Hoog j G' ` Date: 2/11/2020
Attachments:
1. Resolution No. 2020-03
2. FHCC FAQs
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo ' Date: 2/11/2020
Interim City Manager recommends City Council take the "following action:
Adopt Resolution No. 2020-03.
Approved by Interim City Manager: Todd Morley Date:: 2/11/2020
Attachment 1
RESOLUTION NO. 2020-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY FLORIDA; AUTHORIZING JOINING THE FLORIDA HATE
CRIME COALITION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Anti -Defamation League (ADL) is a leading anti -hate organization, founded in
1913 due to an escalating climate of anti-Semitism and bigotry; and
WHEREAS, ADL is a global leader in exposing extremism, delivering anti -bias education
and is a leading organization in training law enforcement; and
WHEREAS, ADL's ultimate goal is a world in which no group or individual suffers from
bias, discrimination or hate; and
WHEREAS, the Florida Hate Crime Coalition (FHCC) was established in 2016 by the ADL
to advocate for, and expand, comprehensive hate crimes law in Florida: and
WHEREAS, partnered with over 200 organizations, elected officials and law enforcement
leaders, FHCC's mission is to secure amendments to the Florida hate crime law that would protect
all Floridians: and
WHEREAS, residents, businesses and the government of Cape Canaveral believe diversity
within our community is a source of strength and opportunity; and
WHEREAS, the City of Cape Canaveral City Council chooses to be a leader in promoting
tolerance, inclusion, human rights, social justice and public safety; and
WHEREAS, the City of Cape Canaveral City Council stands opposed to manifestations of
hate, acts of intolerance and reaffirms its values of inclusion, respect and justice; and
WHEREAS, the City of Cape Canaveral City Council believes that joining FHCC would be
in the best interests of the residents and businesses of the City of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Joining FHCC. The City Council directs the City Manager's Office to take action to
join the FHCC.
City of Cape Canaveral
Resolution No. 2020-03
Page 1 of 2
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 18th day of February, 2020.
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. 2020-03
Page 2 of 2
Attachment 2
FLORIDA
HATE
CRIMES
COALITION
Let's Act to Protect
All Floridians
FAQ: HATE CRIMES & FLORIDA LEGISLATION
Why Are Hate Crime Laws Needed?
Hate crimes target victims simply for who they are. In these crimes, violence is not used as a means for
victim compliance. Rather, inflicting maximum violence is the goal. All that matters to the assailant is
that the victim appears to be of a particular race, religion, or other group. Because hate crime victims are
interchangeable and random, these crimes terrorize the entire victim's community and often lead to
similarly terrorizing retaliatory hate crimes against the perpetrator's community. So hate crime laws,
which increase sentences for criminals who commit them, are a way for society to recognize that these
crimes strike special fear within victimized groups, fragment communities, and tear at the very fabric of
our democratic way of life.
Who Does Florida's Hate Crime Laws Exclude?
Although Florida already has a hate crime law, it is not comprehensive. Floridians are not protected by it
if they are targeted for a crime because of physical disability, gender, or gender identity. And the law
does not cover "association with" hate crimes where, for example, a person is victimized for being at a
bar or restaurant with African American or Hispanic friends. It also does not cover "mixed motive" hate
crimes. So, for instance, if a perpetrator involved in a fender -bender assaults the other driver while yelling
racial epithets and angry remarks about the accident at the victim, a hate crime cannot be charged. The
legislation that the Florida Hate Crime Coalition supports — HB 655 and SB 940 — closes these critical gaps
in the law.
How Many Hate Crimes Occur in Florida?
According to the most recent hate crime statistics, Florida has witnessed significant increases in hate
crimes in recent years. The FBI reports that hate crimes in Florida have remained at record highs for the
past two years — with 141 reported hate crimes in 2018 and 145 in 2017, compared to 96 in 2016 and 72
in 2015. The Florida Attorney General's 2017 Hate Crime Report, the most recent available, reflects a
36.3% increase from 2016 to 2017. Due to the gaps in Florida's hate crime laws, these statistics do not
account for hate crimes that were committed because of physical disability, gender, gender identity, as
well as "association with" or "mixed motive" hate crimes. Furthermore, there is significant underreporting
of hate crimes in America. In fact, a U.S. Department of Justice survey estimates that 250,000 hate crime
victimizations annually occur in the United States.
Do Hate Crime Laws Punish Thought or Speech?
No - Americans are free to believe and say whatever they want. Hate crime laws only punish criminal acts,
such as aggravated assault or vandalism. Just like any criminal case, hate crime laws require the
underlying criminal act and bias motive to be proven with evidence beyond a reasonable doubt. In 1994,
the Florida Supreme Court upheld Florida's hate crime law against a First Amendment challenge. The year
before, the U.S. Supreme Court unanimously upheld a Wisconsin hate crime law against a similar
constitutional challenge.
Do Hate Crime Laws Give Special Rights to Special Groups?
No - Hate crime laws are color blind. They cover victims whether they are in the majority or minority. In
fact, based on the FBI's 2018 national hate crime statistics, 19% of race -based hate crimes were against
white people, 13% of religious -based hate crimes were against Christians, 47% of gender -based hate
crimes were against men, and 1% of sexual -orientation based hate crimes were against heterosexuals.
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Item No. 4
Subject: Resolution No. 2020-04; appointing a member to the Planning and Zoning Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and
an effective date. (Ann [Nancy] Gentilquore)
Department: City Clerk's Office
Summary: At its December 4, 2019 Meeting, the Planning and Zoning (P&Z) Board interviewed
Ann (Nancy) Gentilquore to fill a vacancy and voted to recommend her for appointment.
Ms. Gentilquore will be filling the remainder of an existing, unexpired term that will end September
15, 2021.
Following completion of this term, Ms. Gentilquore will be eligible for reappointment to the P&Z
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 P&Z Board.
Submitting Department Director: Mia Goforth ' Date: 2/11/2020
Attachment: Resolution No. 2020-04
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2/11/2020
Interim City Manager recommends City Council take the following action:
Adopt Resolution No. 2020-04.
Approved by Interim City Manager: Todd Morley Date: 2/10/2020
RESOLUTION NO. 2020-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER TO THE
PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §2-256
established a Board known as the Planning and Zoning Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a member to the Planning and Zoning 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 City Code §2-171(f), the City Council of the City of
Cape Canaveral hereby appoints the following individual to the Planning and Zoning Board:
Ann (Nancy) Gentilquore shall be appointed to an existing, unexpired term on the
Planning and Zoning Board, to serve until November 15, 2021.
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 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 18th Day of February, 2020.
[Signature Page follows]
City of Cape Canaveral
Resolution No. 2020-04
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. 2020-04
Page 2 of 2
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Item No. 5
Subject: Resolution No. 2020-05; approving the First Amendment to the State of Florida
Department of Transportation Restated Interlocal Agreement for creation of the Transportation
Planning Organization; providing for the repeal of prior inconsistent resolutions, severability and
an effective date.
Department: City Clerk's Office
Summary: At its May 20, 2014 Meeting, City Council approved Resolution No. 2014-17, entering
into a Restated Interlocal Agreement with the State of Florida Department of Transportation (FDOT)
for the creation of a Transportation Planning Organization.
The resulting Space Coast Transportation Planning Organization (SCTPO) was established to
coordinate transportation planning and funding throughout Brevard County.
Resolution No. 2020-05 (Attached) authorizes the Interim City Manager to execute the proposed
First Amendment (Exhibit "A" to Resolution No. 2020-05), which adds language for Brevard County
to serve as a representative of the Central Florida Expressway Authority, with one County
Commission Member, appointed by the Chair of the Brevard County Board of County
Commissioners, to serve on the Governing Board of the Central Florida Expressway Authority.
Submitting Department Director: Mia Goforth Date: 2/11/2020
Attachment: Resolution No. 2020-05 with Exhibit "A" — First Amendment to the FDOT Restated
Interlocal Agreement
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2/11/2020
Interim City Manager recommends City Council take the 'following action:
Adopt Resolution No. 2020-05.
Approved by Interim City Manager: Todd Morley Date: 2/10/2020
RESOLUTION NO. 2020-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY FLORIDA; APPROVING THE FIRST AMENDMENT TO THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RESTATED
INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION
PLANNING ORGANIZATION; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority under Section 2(b), Article VII, of the State
Constitution to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City desires to remain party to the Restated Interlocal Agreement which
established the transportation planning organization "TPO", and to continue participating
cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive
transportation planning process to further the proper location and development of transportation
facilities in relation to the overall plan of community development; and
WHEREAS, the City desires to continue developing transportation plans and programs
which provide for the development of transportation facilities that will function as a multi -modal
and intermodal transportation system for the metropolitan planning area; and
WHEREAS, participation in the Interlocal Agreement ensures eligibility for the receipt of
certain federal funds and operating assistance; and
WHEREAS, the Interlocal Agreement satisfies the requirements of, and is consistent with,
Section 339.175(2)(b), Florida Statutes; and
WHEREAS, the Interlocal Agreement is consistent with the statutory requirements set
forth in section 163.01, Florida Statutes, relating to interlocal agreements; and
WHEREAS, the City Council of the City of Cape Canaveral deems this Resolution is in the
best interests of public health, safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Approval of First Amendment to Restated Interlocal Agreement. The City
Council of the City of Cape Canaveral hereby authorizes the Interim City Manager to execute the
First Amendment to the Restated Interlocal Agreement with the Florida Department of
City of Cape Canaveral
Resolution No. 2020-05
Page 1 of 2
Transportation attached hereto as Exhibit "A" fully incorporated herein by this reference, and any
mutually agreed -upon renewals and extensions thereto.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 18th day of February, 2020.
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. 2020-05
Page 2 of 2
RESOLUTION NO. 2020-05 - EXHIBIT "A"
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
THIS FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT, made and
entered into this day of , 2020, by and between the FLORIDA
DEPARTMENT OF TRANSPORTATION; the COUNTY OF BREVARD, a political
subdivision of the State of Florida; the CITY OF CAPE CANAVERAL, a
Florida Municipal Corporation; the CITY OF COCOA, a Florida
Municipal Corporation; the CITY OF COCOA BEACH, a Florida Municipal
Corporation; the TOWN OF INDIALANTIC, a Florida Municipal
Corporation; the CITY OF INDIAN HARBOUR BEACH, a Florida Municipal
Corporation; the CITY OF MELBOURNE, a Florida Municipal Corporation;
the TOWN OF MELBOURNE BEACH, a Florida Municipal Corporation; the
CITY OF PALM BAY, a Florida Municipal Corporation; the CITY OF
ROCKLEDGE, a Florida Municipal Corporation; the CITY OF SATELLITE
BEACH, a Florida Municipal Corporation; the CITY OF TITUSVILLE, a
Florida Municipal Corporation; the CITY OF WEST MELBOURNE, a Florida
Municipal Corporation; and the CANAVERAL PORT AUTHORITY, an
independent special taxing district and political subdivision of the
State of Florida, collectively known as "the parties".
WITNESSETH
WHEREAS, the parties entered into a Restated Interlocal
Agreement for the Creation of the Transportation Planning
Organization by instrument recorded on July 15, 2014, in Official
Records Book 7166, Page 2144, Public Records of Brevard County,
Florida; and
WHEREAS, the parties deem it appropriate to amend the Restated
Interlocal Agreement for the Creation of the Transportation Planning
Organization; and
WHEREAS, each signatory through its governing body or authority
has taken the necessary action to approve this First Amendment to
the Restated Interlocal Agreement for the Creation of the
Transportation Planning Organization,
NOW THEREFORE, in consideration of the covenants herein
contained, it is mutually agreed between the parties as follows:
SECTION 1. RECITALS. Each and all of the foregoing recitals
("WHEREAS" clause) is incorporated herein and declared to be true.
Page 1 of 18
Interlocal
SECTION 2 . AMENDMENT TO SECTION 4 . 01 . Section 4 . 01 (a) of the
Restated Interlocal Agreement for the Creation of the Transportation
Planning Organization is hereby amended as set forth below. New
language is underlined, and deleted text is strickcn through:
Section 4 . 01 Composition and membership of governing board.
(a) The membership of the TPO shall consist of nineteen voting
members and one non-voting advisor. The names of the member local
government entities and the voting apportionment of the governing
board as approved by the Governor shall be as follows :
Brevard County 5 representatives1/
Canaveral Port Authority 1 representative
City of Cape Canaveral 1 shared representative?/
City of Cocoa 1 representative
City of Cocoa Beach 1 shared representative?/
City of Indian Harbour Beach 1 shared representative3/
City of Melbourne 3 representatives4/
City of Palm Bay 3 representatives
City of Rockledge 1 representative
City of Satellite Beach 1 shared representative3/
City of Titusville 2 representatives
City of West Melbourne 1 representative
Town of Indialantic 1 shared representative3/
Town of Melbourne Beach 1 shared representative3/
Florida Department of
Transportation 1 non-voting advisors/
1/ The Brevard County Board of County Commissioners also represent
the Space Coast Area Transit ("SCAT") , an agency which operates a
major mode of transportation, Titusville-Cocoa Airport District and
the Titusville-Cocoa Airport Authority ("TICO") , and Valkaria
Airport. Additionally, Brevard County will serve as a
representative of the Central Florida Expressway Authority, an
agency that operates a major mode of transportation. §348 . 751 et
seq. , Florida Statutes . One County Commission member appointed by
the Chair of the Brevard County Board of County Commissioners serves
on the Governing Board of the Central Florida Expressway Authority.
§348 . 753 (3) et seq. , Florida Statutes .
2/ The City of Cape Canaveral and the City of Cocoa Beach have
formed the North Beaches Coalition, and pursuant to Section
339 . 175 (4) (b) , Florida Statutes (2014) , share one voting delegate on
the TPO Governing Board.
3/ The City of Indian Harbour Beach, the City of Satellite Beach,
the Town of Indialantic, and the Town of Melbourne Beach have formed
the South Beaches Coalition, and pursuant to Section 339 . 175 (4) (b) ,
Page 2 of 18
Interlocal
Florida Statutes (2014), share one voting delegate on the TPO
Governing Board.
4/ The City of Melbourne also represents the City of Melbourne
Airport Authority. One City Council member appointed by the City of
Melbourne must also serve on the Governing Board of the City of
Melbourne Airport Authority.
5/ The Florida Department of Transportation is a party to this
Interlocal Agreement pursuant to Section 339.175(2)(b), Florida
Statutes (2014). The Florida Department of Transportation is not a
member of the TPO Governing Board but serves as a non -voting advisor
pursuant to Section 339.175(4)(a), Florida Statutes (2014).
SECTION 3. SEVERABILITY. Should any section, sentence or clause of
this Agreement be deemed unlawful by a Court of competent
jurisdiction, no other provision hereof shall be affected and all
other provisions of this Agreement shall continue in full force and
effect.
SECTION 4. EFFECTIVE DATE. This Agreement shall become effective
upon its filing with the Clerk of the Circuit Court of Brevard
County, Florida, as provided in Section 163.01(11), Florida
Statutes.
[Intentionally Left Blank]
Page 3 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CANAVERAL PORT AUTHORITY, an
independent special taxing
district and political
subdivision of the State of
Florida
By:
Micah Loyd, Chairman
ATTEST: As Approved by the Board on:
(SEAL)
Bob Harvey, Secretary/Treasurer
Review for legal form and
content:
Harold Bistline, General Counsel
Page 4 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
By:
Bryan Lober, Chair
ATTEST: As Approved by the Board on:
(COUNTY SEAL)
Scott Ellis, Clerk
Review for legal form and
content:
Assistant County Attorney
Page 5 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF CAPE CANAVERAL, a Florida
Municipal Corporation
By:
Todd Morley, Interim City Manager
ATTEST: As Approved by the City
Council on:
(SEAL)
Mia Goforth, City Clerk
Review for legal form and
content:
Anthony Garganese, City Attorney
Page 6 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF COCOA, a Florida
Municipal Corporation
By:
John A. Tikanich, City Manager
ATTEST: As Approved by the City
Council on:
(SEAL)
Carie E. Shealy, City Clerk
Review for legal form and
content:
Anthony Garganese, City Attorney
Page 7 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF COCOA BEACH, a Florida
Municipal Corporation
By:
James P. McKnight, City
Manager
ATTEST: As Approved by the City
Commission on:
(SEAL)
Loredana Kalaghchy, City Clerk
Review for legal form and
content:
Becky Vose, City Attorney
Page 8 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF INDIAN HARBOUR BEACH, a
Florida Municipal Corporation
By:
Mark K. Ryan, City
Manager
ATTEST: As Approved by the City
Council on:
(SEAL)
Sue Frank, City Clerk
Review for legal form and
content:
Karl Bohne, City Attorney
Page 9 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF MELBOURNE, a Florida
Municipal Corporation
By:
Shannon Lewis, City
Manager
ATTEST: As Approved by the City
Council on:
(SEAL)
Cathleen A. Wysor, City Clerk
Review for legal form and
content:
Alison L. Dawley, City Attorney
Page 10 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
TOWN OF MELBOURNE BEACH, a
Florida Municipal Corporation
By:
Beth Mascaro, Town Manager
ATTEST: As Approved by the Town
Commission on:
( SEAL )
Nancy Wilson, Town Clerk
Review for legal form and
content:
Cliff R. Repperger, Town Attorney
Page 11 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF PALM BAY, a Florida
Municipal Corporation
By:
Lisa Morrell, City
Manager
ATTEST: As Approved by the City
Council on:
(SEAL)
Terese M. Jones, City Clerk
Review for legal form and
content:
Patricia Smith, City Attorney
Page 12 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF ROCKLEDGE, a Florida
Municipal Corporation
By:
Brenda Fettrow, City
Manager
ATTEST: As Approved by the City
Council on:
(SEAL)
Lisa Nicholas, City Clerk
Review for legal form and
content:
Joseph E. Miniclier, City Attorney
Page 13 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF SATELLITE BEACH, a
Florida Municipal Corporation
By:
Courtney Barker, City
Manager
ATTEST: As Approved by the City
Council on:
(SEAL)
Gwen Peirce, City Clerk
Review for legal form and
content:
James P. Beadle, City Attorney
Page 14 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF TITUSVILLE, a Florida
Municipal Corporation
By:
William S. Larese, City
Manager
ATTEST: As Approved by the City
Council on:
(SEAL)
Wanda F. Wells, City Clerk
Review for legal form and
content:
Richard C. Broome, City Attorney
Page 15 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF WEST MELBOUNRE, a Florida
Municipal Corporation
By:
Scott Morgan, City
Manager
ATTEST: As Approved by the City
Council on:
(SEAL)
Cynthia S. Hanscom, City Clerk
Review for legal form and
content:
Morris Richardson, City Attorney
Page 16 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
TOWN OF INDIALANTIC, a Florida
Municipal Corporation
By:
Michael Casey, Town
Manager
ATTEST: As Approved by the Town
Council on:
(SEAL)
Rebekah Raddon, Town Clerk
Review for legal form and
content:
Paul R. Gougelman, Town Attorney
Page 17 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
FLORIDA DEPARTMENT OF
TRANSPORTATION
By:
Secretary
ATTEST: As Approved on:
, Agency Clerk
Review for legal form and
content:
, General
Counsel
(SEAL)
Page 18 of 18
Interlocal
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Item No. 6
Subject: Approve Interlocal Agreement between the City of Cocoa and the City of Cape Canaveral
for funding potable water line design, permitting, bidding and construction services as part of the
Thurm Boulevard Streetscape Project and authorize the Mayor to execute same.
Department: Capital Projects
Summary: The Thurm Boulevard Streetscape Project includes the design, permitting, bidding and
construction of numerous roadway, drainage and sidewalk improvements in the Thurm Boulevard
corridor from SR A1A to West Central Boulevard. Prior to design of the project, City Staff was
notified by the City of Cocoa Utilities Department of the need to upgrade potable water lines in the
site vicinity. Specifically, approximately 850 feet of water line is in need of excavation and
replacement with pvc pipe along the northern side of Thurm Boulevard near the intersection with
SR A1A (Attachment 1).
After several staff meetings/discussions, both municipalities elected to cooperate and design,
permit and bid all improvements under a single contract as a cost-effective alternative to multiple
contracts. Cape Canaveral's City Engineer will include the design, permitting and bidding of the
potable water line with the design, permitting and bidding of the other infrastructure
improvements. Construction of the potable water line and other infrastructure improvements will
be performed by a single contractor selected through the public bidding process. All costs
associated with the potable water line replacement will be reimbursed to the City of Cape Canaveral
by the City of Cocoa upon completion. This coordination/cooperation between municipalities will
reduce costs, promote efficiency, prevent unnecessary duplication of effort and reduce further
inconvenience to the citizens of Cape Canaveral.
Staff recommends the City Council approve the Interlocal Agreement with the City of Cocoa
(Attachment 2).
Submitting Department Director: Jeff Ratliff Date: 1/31/2020
Attachments:
#1 — Potable Water Line Map
#2 — Interlocal Agreement
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 1/31/2020
Interim City Manager recommends City Council take the following action:
Approve Interlocal Agreement.
Approved by Interim City Manager: Todd Morley Date: 1/31/2020
Attachment 1
Potable Water Line Map
602
600
6" PVC
Extent of AC
Main
Replacement
SV15394
Hydrant Assembly to
be replaced
BOV line DNE
Hydrant Assembly to
be replaced
PWSV05826
Attachment 2
Prepared by and Return to:
City of Cocoa
Attention: Utilities Director
65 Stone Street
Cocoa, Florida 32920
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF COCOA AND CITY OF CAPE CANAVERAL
(Thurm Boulevard Project)
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into on this day of
, 2020, by and between the CITY OF COCOA, a Florida municipal corporation,
whose address is 65 Stone Street, Cocoa, Florida 33922 (hereafter referred to as the "Cocoa")
and the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose address is 100 Polk
Avenue, Cape Canaveral, Florida 32920 (hereafter referred to as the "Cape Canaveral").
WITNESSETH:
WHEREAS, Cape Canaveral provides roadway and other public infrastructure
improvements within the City of Cape Canaveral, Florida; and
WHEREAS, Cape Canaveral plans to construct roadway, drainage, and sidewalk
improvements within and along Thurm Boulevard ("Cape Canaveral Thurm Boulevard Project");
and
WHEREAS, during Cape Canaveral's construction of the Cape Canaveral Thurm
Boulevard Project, Cocoa desires to simultaneously remove and replace existing water utility
infrastructure within and along Thurm Boulevard ("Cocoa Utilities Project"); and
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 1 of 13
WHEREAS, Cape Canaveral desires to cooperate with Cocoa to remove and install the
water mains along Thurm Boulevard in conjunction with the Cape Canaveral Thurm Boulevard
Project; and
WHEREAS, Cocoa's work will be performed in conjunction with the Cape Canaveral
Thurm Boulevard Project to promote efficiency, to prevent unnecessary duplication of effort, and
to reduce further inconvenience to the citizens of Cape Canaveral, Brevard County; and
WHEREAS, Cocoa desires Cape Canaveral's assistance in coordinating the construction
of the Cocoa's Utilities Project in conjunction with the Cape Canaveral Thurm Boulevard Project;
and
WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 163 and
166, Florida Statutes and other applicable law; and
WHEREAS, the parties hereto have determined that this Agreement is in furtherance of
intergovernmental cooperation and the public health, safety and welfare.
NOW THEREFORE, in consideration of the premises herein, the parties hereby agree as
follows:
Section 1. Recitals. The above recitals are hereby deemed true and correct and are
hereby incorporated herein by this reference.
Section 2. Purpose. The purpose of this Agreement is for Cocoa and Cape
Canaveral to cooperate and coordinate together the design, permitting, bidding, and installation
of the Cape Canaveral Thurm Boulevard Project and Cocoa Utilities Project.
Section 3. Project. Cocoa and Cape Canaveral agree to cooperate and coordinate
the design, permitting, bidding, and installation of the Cape Canaveral Thurm Boulevard Project
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 2 of 13
and Cocoa Utilities Project (hereinafter together referred to as the "Joint Project"). The following
terms and conditions are further assented to and agreed by the parties with respect to the Joint
Project:
3.1 Plans and Permits. Cape Canaveral is responsible for preparing all necessary
engineering plans for the design of the Joint Project, but Cocoa will have the right to
provide comments on the engineering plans before Cape Canaveral approves the plans.
The plans for the removal and replacement of Cocoa's utilities (water mains) shall be
consistent with the City of Cocoa's Utilities Handbook and the most current version of
the Cocoa's Technical Provisions and Standard Details Manual. Cocoa's comments will be
considered in good faith and shall be incorporated into the plans to the extent
reasonable and necessary to comply with Cocoa's Technical Provisions and Standards.
Cape Canaveral shall be responsible for obtaining all required state and local permits for
the Joint Project, and to the extent necessary by a permitting agency governing the Joint
Project, Cocoa shall be the permittee or co-permittee for its removal and replacement of
water mains. The Parties anticipate the following permits may be required to complete
the Joint Project: FDEP Specific Permit Construct PWS Components, FDOT Utility Permit,
Cape Canaveral ROW Permit, FDEP Construction Permit, and SJRWMD Stormwater
Permit.
3.2 Construction Management. Cape Canaveral shall be responsible for competitive
bidding and contracting with the Contractor required to construct the Joint Project in
accordance with applicable law and Cape Canaveral's approved competitive bidding
process. Cape Canaveral shall provide Cocoa written notice of any such competitive
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 3 of 13
bidding and Cocoa shall have the right to provide comments to Cape Canaveral
regarding any competitive bid under this Agreement before any bid is awarded to a
Contractor by Cape Canaveral, provided such comments are timely and provided within
the award schedule established by Cape Canaveral. Further, Cape Canaveral shall be
responsible for the construction management of the Joint Project and Cape Canaveral
shall ensure that its Contractor provides Cocoa with periodic inspection and status
reports as reasonably requested by Cocoa. Cape Canaveral shall keep Cocoa apprised of
the construction of the Joint Project. Cocoa and Cape Canaveral shall cooperate with
each other with respect to the construction management of the Joint Project, and Cocoa
shall have the right to participate in all Joint Project progress meetings. Upon completion
of the Joint Project to the satisfaction of the parties, Cape Canaveral shall transfer, or
have its Contractor transfer, to Cocoa, by bill of sale, title to the water main free and clear
of all liens and encumbrances and provide Cocoa "as -built" drawings of said utilities
infrastructure certified by the professional engineer registered in the State of Florida who
was responsible for the Joint Project.
3.3 Construction Contracts. All contracts and subcontracts for the construction of
Cocoa's water main under this Agreement must include hold harmless and
indemnification provisions to protect Cocoa in a form acceptable to Cocoa. The
construction Contractors and subcontractors must provide insurance certificates and
endorsements of acceptable levels and qualities of insurance, naming Cocoa as an
additional named insured, and evidence of said hold harmless and indemnity prior to
commencement of work. Cape Canaveral must submit draft contract language
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 4 of 13
containing this language to Cocoa and its City Attorney to review and allow Cocoa at
least seven (7) days to review and comment on the same. If Cocoa submits comments,
Cape Canaveral shall use all reasonable efforts to incorporate Cocoa's comments into the
contracts and subcontracts, as applicable. The construction contract language
requirements set forth in this section will be set forth in the bid documents prepared by
Cape Canaveral so that all bidders are appraised of this requirement prior to submitting
a bid for the Joint Project.
3.4 Joint Project Costs; Cocoa and Cape Canaveral Cost -Sharing; Change Orders.
Each party will be responsible for the costs associated with the design, permitting, and
installation (materials and labor) of their respective work. However, the parties anticipate
that they will be able to identify common costs associated with the Joint Project during
the design, permitting, and construction phase of the Joint Project that can be equally
shared by the parties. As such, the parties will endeavor, to the maximum extent practical
and feasible during this Joint Project, to identify such common costs by mutual
agreement, and said costs shall be reduced in writing that will be signed by the City
Managers of Cape Canaveral and Cocoa ("Shared Cost Memo"). The Shared Cost Memo
will be developed during the design phase of the Joint Project, updated during the
bidding phase, and finalized upon receiving the construction bids. Cape Canaveral and
Cocoa agree to split and pay the costs described on the Shared Cost Memo equally
(50%) each. Any proposed change orders for the Joint Project must be reviewed and
approved by Cocoa and Cape Canaveral in writing. Additionally, with respect to change
orders, in the event the Joint Project Contractor seeks additional compensation for
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 5 of 13
delays, time extensions, or some other valid reason, any such request will be handled as
a contract amendment between Cape Canaveral and the Contractor via the change order
process. If the requested change order requested by the Contractor is specific to a
portion of the Joint Project solely related to either Cape Canaveral or Cocoa's scope of
work, then only the party whose scope of work is affected will pay for the change order.
If the requested change order is related to the common costs of the Joint Project, then
Cape Canaveral and Cocoa agree to share the costs of the change order.
3.5 Payment by Cocoa. Prior to Cape Canaveral issuing a Notice to Proceed with the
construction of the Joint Project, Cape Canaveral shall deliver a written notice to Cocoa
itemizing Cocoa's share of the Joint Project costs as set forth in Section 3.4 of this
Agreement. Upon delivery of the invoice, Cocoa will have five (5) business days in which
to accept the invoice or identify and notify Cape Canaveral of any discrepancies.
Discrepancies will be worked out by the parties expeditiously so as not to unreasonably
delay the Joint Project schedule. Within thirty (30) days from the date that Cocoa accepts
the invoice, Cocoa will issue payment to Cape Canaveral for its share of the Joint Project
costs stated in the accepted invoice. Cape Canaveral will retain Cocoa's payment in
escrow and shall only use said payment to Cocoa's Joint Project costs. During the
Construction phase of the Joint Project, Cape Canaveral and Cocoa will jointly review any
progress payment requests made by the Contractor and jointly sign off on the requests
prior to Cape Canaveral making payment to Contractor. Any Cocoa funds not expended
by Cocoa due to any additional Joint Project costs savings, if any, will be returned to
Cocoa within thirty (30) days of the Joint Project deemed complete by the parties. Cape
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 6 of 13
Canaveral shall be responsible for paying all Contractors in full. Cape Canaveral will
likewise pay for its share of the Joint Project costs.
Section 4. Duty to Act in Good Faith. Cape Canaveral and Cocoa agree to proceed
in good faith consistent with the terms of this Agreement. Each Party shall proceed with the
design, permitting and installation of the Joint Project as rapidly as is practical and feasible.
Section 5. Implementation and Other Documents. To the extent that additional
documents are required to be prepared and executed in order to effectuate this Agreement, the
Cape Canaveral City Manager and Cocoa City Manager are authorized to prepare or have
prepared said documents and execute the same. Further, the parties agree to cooperate and
execute such other instruments and documents as may be required to effectuate this
Agreement including, but not limited to, any permit applications required by any governing
agency.
Section 6. Employee Status. Each party shall be responsible for their own
employees, contractors and agents. Persons employed by Cape Canaveral in the performance of
services and functions pursuant to this Agreement shall not be deemed to be the employees or
agents of Cocoa. Persons employed by Cocoa in the performance of services and functions
pursuant to this Agreement shall not be deemed to be the employees or agents of Cape
Canaveral.
Section 7. Indemnification; Attorney's Fees; Sovereign Immunity. Neither party
to this Agreement, its officers, employees or agents shall be deemed to assume any liability for
the acts, omissions or negligence of the other party, its officers, employee, contractors or
agents, except as provided by this Agreement. Each party shall bear their own attorney's fees,
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 7 of 13
costs and expenses related to any litigation, suit, dispute, controversy, mediation, or proceeding
appellate proceedings against the other party, arising out of, based on, or related to, this
Agreement. The parties intend to avail themselves of the benefits of section 768.28, Florida
Statutes, and any other statute and common law governing sovereign immunity to the fullest
extent possible and nothing herein shall be construed as a waiver of sovereign immunity by the
parties.
sent to:
Section 8. Notices.
(a) Whenever either party desires to give notice to the other party, notice shall be
sent to:
For CAPE CANAVERAL:
Jeff Ratliff
Capital Projects Director
100 Polk Avenue
Cape Canaveral, Florida 32920
(321) 868-1220 Ext. 221
With copy to the City Attorney:
Anthony A. Garganese
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407) 425-9566 (Phone)
agarganese@orlandolaw.net
For COCOA:
Jack Walsh
Utilities Director
351 Shearer Blvd
Cocoa, Florida 32922
(321) 433-8701 (Phone)
jwalsh@cocoafl.org
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 8 of 13
With copy to the City Attorney:
Anthony A. Garganese
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407) 425-9566 (Phone)
agarganese@orlandolaw.net
(b) Either of parties may change, by written notice as provided herein, the addresses
or persons for receipt of notices. Each such notice shall be deemed delivered on the date
delivered if by personal delivery or on the date of transmission if by email, or on the date upon
which the return receipt is signed or delivery is refused or notice is designated by the postal
authorities as not deliverable, as the case may be, if mailed or date of delivery by overnight
delivery services as evidenced by a service receipt.
Section 9. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, shall be an original, but all
counterparts shall together constitute one and the same instrument.
Section 10. Term; Entire Agreement. The term of this Agreement commences on
the Effective Date set forth in Section 18 of this Agreement and shall remain in effect until the
Joint Project has been completed to the satisfaction of both parties. The term of this Agreement
may also be terminated or extended by mutual written agreement of the parties. This
Agreement constitutes the entire agreement of the parties with respect to the subject matter
hereof, and neither this Agreement nor any portion of it may be altered, modified, waived,
deleted or amended except by a written instrument equal in dignity herewith and executed by
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 9 of 13
the parties to be bound thereby. This Agreement supercedes all oral agreements and
negotiations between the parties relating to the subject matter of this Agreement.
Section 11. Binding Effect; Waiver; Time Extensions. This Agreement shall be
binding upon and inure to the benefit of the successors in interest, transferees and assigns of
the parties. No failure by a party to exercise any right, power, or privilege under this Agreement
is a waiver of that or any other right, power, privilege under this Agreement. The parties may
agree, in writing, to extend or change any of the deadlines specified in this Agreement.
Section 12. Public Records. The parties shall allow public access to all documents,
papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes,
which have been made or received in conjunction with this Agreement.
Section 13. Conflict of Interest. Both parties agree that they will not commit any act
in the performance of its obligations pursuant to this Agreement that would create a conflict of
interest, as defined by Chapter 112, Florida Statutes.
Section 14. Force Majeure. In the event that performance of this Agreement by any
party is prevented or interrupted by a Force Majeure Event, said party shall not be liable for such
nonperformance, but only for the duration or to the extent of said Force Majeure Event and only
if said party is not directly or indirectly responsible therefor. Any party claiming to be relieved of
any duty pursuant to this Section shall give prompt written notice thereof to the other party. The
parties agree, however, to remedy with all reasonable dispatch the cause or causes preventing a
party from carrying out this Agreement. For purposes of this Section, the phrase "Force Majeure
Event" shall mean an event not the fault of, and beyond the reasonable control of, the party
claiming excuse which makes it impossible or extremely impracticable for such party to perform
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 10 of 13
obligations imposed on it by this Agreement, by virtue of its effect on the physical facilities and
their operation or employees essential to such performance. Force Majeure Events include (a) an
"act of God" such as a hurricane, tornado, hail storm, drought, earthquake, flood, climatic event,
earth movement, or similar catastrophic event; (b) an act of the public enemy, terrorism,
sabotage, civil disturbance or similar event; (c) a strike, work stoppage, picketing or similar
concerted labor action; (d) delays in construction caused by unanticipated negligence or breach
of contract by a third party or inability to obtain environmental permits or essential materials
after diligent and timely efforts; (e) an order or regulation issued by a federal, state, regional or
local regulatory agency after the Effective Date or a judgment or order entered by a federal or
state court after the Effective Date; or (f) any other action by any third party that makes it
impossible or extremely impracticable for a party to perform its obligations under this
Agreement.
Section 15. Default and Remedy. Failure on the part of any party to observe,
comply with, perform or maintain in any material way any term, covenant, condition, duty,
obligation, representation or warranty contained in or arising out of this Agreement, shall
constitute a default under this Agreement. Upon occurrence of a default by any party, the non -
defaulting party shall deliver written notice to the party in default in the manner provided in
Section 8, identifying the specific nature of the default therein. The party in default shall have
thirty (30) days within which to cure such default unless the nature of the default is such that it
cannot be cured within thirty days, the party in default shall have additional time that may be
necessary to cure the default, so long as the party in default commences the cure and diligently
prosecutes such cure until completion. For any default not cured as provided herein, the non-
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 11 of 13
defaulting party may seek specific performance arising from the default. However, before any
litigation is filed, the parties agree to mediate the dispute involving the default in good faith.
The cost of any mediator share be shared equally by the parties.
Section 16. Governing Law and Venue. The parties acknowledge that this
Agreement was entered into and delivered within the State of Florida. This Agreement shall be
governed by and construed in accordance with laws of the State of Florida, without giving effect
to any choice of laws or rules thereof which may direct the application of laws of another
jurisdiction. The venue for any judicial proceedings shall be in a State court of competent
jurisdiction located in Brevard County. The parties hereby waive their right to a jury trial.
Section 17. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the
benefit of Cape Canaveral and Cocoa and no right or cause of action shall accrue to or for the
benefit of anyone other than Cape Canaveral and Cocoa. Nothing in this Agreement, expressed
or implied, is intended or shall be construed to confer upon or give any person or entity other
than Cape Canaveral and Cocoa any right, remedy, or claim under or by reason of this
Agreement or any provisions or conditions hereof; and all of the provisions, representations,
covenants and conditions herein contained shall inure to the sole benefit of and shall be binding
upon Cape Canaveral and Cocoa.
Section 18. Effective Date; Recordation. This Agreement shall take effect on the
date that it is executed by both parties hereto and recorded in the Official Records of Brevard
County, Florida. Upon execution of this Agreement by both parties, Cocoa shall promptly record
this Agreement in the Official Records of Brevard County, Florida, and return a recorded copy of
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 12 of 13
this Agreement to the Cape Canaveral City Clerk at the address listed in Section 8 of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the date first written.
ATTEST: CITY OF COCOA, FLORIDA:
By:
Carie Shealy, MMC, City Clerk Jake Williams Jr., Mayor
As authorized for execution by the City of Cocoa
City Council at its , 2020 regular
meeting.
ATTEST: CITY OF CAPE CANAVERAL, FLORIDA
By:
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
As authorized for execution by the Cape Canaveral
City Council at its , 2020 regular
meeting.
INTERLOCAL AGREEMENT
CITY OF COCOA/CITY OF CAPE CANAVERAL
Page 13 of 13
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Item No. 7
Subject: Award the Bid for Mowing and Landscaping Maintenance to U.S. Lawns of Rockledge,
Florida in the amount of $190,043.00 and authorize Interim City Manager to execute Mowing and
Landscaping Agreement for same.
Department: Public Works Services
Summary: Public Works Services (PWS) invited qualified Licensed Contractors, in accordance with
the City's Purchasing Policy and Florida Statutes, to submit a Bid for Mowing and Landscaping
Maintenance of City areas (including Parks, City owned ROW's, medians, entryways, City buildings,
State Road A1A areas per FDOT's MOT agreement, stormwater retention areas, stormwater
easements and lift stations). The Project work includes mowing all grassed areas, hedge trimming,
weeding and detailing all flower beds.
Firm Selection Process. Staff advertised this bid opportunity on December 12, 2019 by posting (1)
a legal ad in the Florida Today newspaper and (2) a notice on the City's web page. In addition to a
"Bid Submittal" notation which provided that the contract will be awarded pursuant to the
requirements of applicable state and federal laws and regulations, the Advertisement for Bids also
expressly provided as follows: "SPECIFIC CRITERIA: The Contractor performing this service shall have
a strong background in providing a positive working relationship with cities having a Council/City
Manager type government and a history of performing lawn maintenance. In addition, the
contractor shall have all necessary credentials to perform this work including liability insurance,
FDOT work zone safety certification, a minimum of five (5) years' experience in the landscaping
maintenance field and proof of worker's compensation insurance.
Three sealed bid submittals were received and publicly opened at City Hall on January 28, 2020. Of
the three bids, one bid (Schurlknight's Landscaping LLC) was incomplete and lacked information
needed to proceed with the review process. A summary of the three sealed bids submitted for the
Project is included in Attachment #1.
Upon review of the submitted information from the three bidders, Staff recommends the contract
be awarded to U.S. Lawns with a bid amount of $190,043.00. Although Schurlknight's Landscaping
LLC was the low bidder with a bid of $148,955.00, it lacked requested information to make it a
complete bid package. U.S. Lawns is recommended for this Contract due to the following:
• Extensive experience with municipal contracts;
• Amount of years being in service as reputable company; and
• Active FDOT work zone safety certification.
This contract is for seven (7) months and the City is exploring options for next year. Historically, the
City has contracted Mowing and Landscaping on an annual basis. The service has at times been
unreliable, sub -standard and costly. Accordingly, PWS Staff is now reaching out to other cities for
best practices and exploring all costs associated with mowing and maintenance by City Staff and/or
an expanded Work Squad inmate contract with Florida Department of Corrections. A schedule of
startup costs and an amortization schedule will be submitted for review by the Interim City Manager
in the near future.
City of Cape Canaveral
City Council Meeting — February 18, 2020
Agenda Item No. 7
Page 2 of 2
Project Estimated Costs and Funding. This Contract is funded through the various City
Departments under Contract Services. Down to Earth's (existing contractor) resignation letter was
received in November 2019, but verbally agreed to carry out services until a new contractor was
awarded.
Submitting Department Director: James Moore Date: 2/11/2020
Attachments:
#1 — Bid Summary
#2 — Bid Tab Sheet #2020-01
Financial Impact: $190,043.00 for the mowing and landscaping maintenance contract to U.S. Lawns
of Rockledge, Florida funded by various City Departments; Staff time and effort to prepare this
Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2/11/2020
Interim City Manager recommends City Council take the following actions: Award the Bid for
Mowing and Landscaping Maintenance to U.S. Lawns of Rockledge, Florida in the amount of
$190,043.00 and authorize Interim City Manager to execute Mowing and Landscaping Agreement
for same.
Approved by Interim City Manager: Todd Morley Date: 2/11/2020
Attachment 1
CITY OF CAPE CANAVERAL
Request for Bids
MOWING AND LANDSCAPE MAINTENANCE
BID #2020-01
City of Cape Canaveral City Hall
Conference Room A
100 Polk Avenue
Cape Canaveral, Florida 32920
MINUTES
Thursday
January 28, 2020
2:05 P.M.
CALL TO ORDER: Public Works Director James Moore called the Meeting to order at 2:05 P.M.
Others present:
Jeff Ratliff, Capital Projects Director
Daniel LeFever, Deputy City Clerk
Peter Black, -Blue Bell Landscaping, Inc.
Mr. Moore proceeded to open the bids received and announced the results:
BID #2020-01 - MOWING AND LANDSCAPE MAINTENANCE:
Firm Location Bid Amount
Schurlknight's Landscaping LLC Cocoa, FL $148,955.00
Blue Bell Landscaping, Inc. Merritt Island, FL $210,921.00
US Lawns of Brevard Rockledge, FL $190,043.00
Capital Projects Director Ratliff stated the Bids would be carefully reviewed for compliance. Public
Works Director Moore adjourned the meeting at 2:08 P.M.
Daniel LeFever, Deputy City Clerk
Attachment 2
Copy of cocc bid 2020 01 bid tab sheet 202001
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA I
LANDSCAPED AREAS UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES
A YEAR
City Hall,Cape Center,BCSO,Canaveral City Hall-100 Polk Ave.
Fire and Rescue,Community and
Economic Development,Library BCSO Precinct-111 Polk Ave.
Mowing Operations $ 231.00 30 $ 6,930.00 Canaveral Fire and Rescue-
Hedge Trimming $ 250.00 7 $ 1,750.00 190 Jackson Ave.
Weed Spraying $ 45.00 7 $ 315.00 Cape Center-105 Polk Ave.
Palm Trimming(57-[45 IM; 12 Lib]) $1,311.00 1 $ 1,311.00 Library-201 Polk Ave.
B Recreation Complex
Mowing Operations $ 200.00 30 $ 6,000.00 7300 N.Atlantic Ave.(SR A1A)
Hedge Trimming $ 323.00 7 $ 2,261.00
Palm Trimming (20) $ 460.00 1 $ 460.00
C Xeriscape Park
South Side of Cape Center
Mowing Operations $ 46.00 30 $ 1,380.00
(105 Polk Ave.)between Polk and
Hedge Trimming $ 82.00 7 $ 574.00 Taylor Ave.
Palm Trimming(4) $ 92.00 1 $ 92.00
D Veteran's Memorial Park
Mowing Operations $ 80.00 30 $ 2,400.00 Adjacent to Library
Hedge Trimming $ 82.00 7 $ 574.00 (201 Polk Ave.)
Palm Trimming(6) $ 138.00 1 $ 138.00
Page 1 of 9 Corrected Palm Cell Numbers 1G
Copy of cocc_bid_2020-01_bid_tab_sheet_202001
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA I (Continued) TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
E Bennix Park
MowingOperations Washington Ave.North Side
$ 80.00 30 $ 2,400.00 (Between Poinsetta Ave.and
Hedge Trimming $ 205.00 7 $ 1,435.00 Rosalind Ave.)
Palm Trimming(30) $ 690.00 1 $ 690.00
F Canaveral & Canaveral Beach Blvds.
(Medians Only)
Mowing Operations $ 120.00 30 $ 3,600.00
Hedge Trimming $ 230.00 7 $ 1,610.00
Palm Trimming(98) $ 2,254.00 1 $ 2,254.00
East Central Blvd.
(Medians Only)
G
and West Central Blvd.
(Medians and Tree Lines)
Mowing Operations $ 250.00 30 $ 7,500.00
Hedge Trimming $ 155.00 7 $ 1,085.00
Palm Trimming(106) $ 2,438.00 1 $ 2,438.00
H Cape View Elementary Tree Line and
Kindergarten Cape View Elementary School
Mowing Operations $ 50.00 30 $ 1,500.00 (8840 Rosalind Ave.)
Palm Trimming(17) $ 391.00 1 $ 391.00
Page 2 of 9 Corrected Palm Cell Numbers 1 G
Copy of cocc_bid_2020-01_bid_tab_sheet_202001
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA I (Continued) TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
Harbor Heights
(Medians Only)
I
Mowing Operations $ 40.00 30 $ 1,200.00 Harbor Dr.
(Off N.Atlantic Ave.)
Hedge Trimming $ 70.00 7 $ 490.00
Palm Trimming(4) $ 92.00 1 $ 92.00
J N.Atlantic Ave. Junction at N.Atlantic Ave and A1A,
1 Landscaped/grass areas
Mowing Operations $ 65.00 30 $ 1,950.00 immediately to the south of the
Hedge Trimming $ 75.00 7 $ 525.00 intersection
K
Canaveral City Park and Ball Park
Mowing Operations $ 300.00 30 $ 9,000.00
Infield Mowing $ 60.00 52 $ 3,120.00
7920 Orange Ave.
Hedge Trimming $ 70.00 7 $ 490.00
Palm Trimming(144) $ 3,312.00 1 $ 3,312.00
Aeration,Top Dressing,and Verticutting $ 2,750.00 1 $ 2,750.00
L Center Street Park and Streetscape
Mowing Operations $ 50.00 30 $ 1,500.00 West End of Center St.
Hedge Trimming $ 58.00 7 $ 406.00 (Off N.Atlantic Ave.)
Palm Trimming(19) $ 437.00 1 $ 437.00
M South City Entrance Sign
SR A1A
Mowing Operations $ 36.00 30
$ 1,080.00 (Northeast Corner Including Palm
Hedge Trimming $ 58.00 7 $ 406.00 Tree Area Parallel to Grant Ave.)
Palm Trimming(9) $ 207.00 1 $ 207.00
Page 3 of 9 Corrected Palm Cell Numbers 1 G
Copy of cocc_bid_2020-01_bid_ta b_sheet_202001
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA I (Continued) TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
111
N SR AMA Landscaped Easement Areas Christ Lutheran Church -7511 N.
Atlantic Ave.
Center St.-7077 N.Atlantic Ave.
Mowing Operations 30 (Two Areas North and South of
$ 220.00 $ 6,600.00 Center St.on SR A1A)
Area Immediately North of 6395 N.
Hedge Trimming 7 Atlantic Ave.and South of Cape
$ 178.00 $ 1,246.00 Shores Dr.
Palm Trimming(35) $ 805.00 1 $ 805.00 6121 N.Atlantic Ave.
O Patriots Park
East End of Longpoint Rd.
Mowing Operations $ 60.00 30 $ 1,800.00 (West Side of N.Atlantic Ave.)
Palm Trimming (21) $ 483.00 1 $ 483.00
I
P Columbia Drive(Medians Only)
Mowing Operations $ 85.00 30 $ 2,550.00
Medians Only
Hedge Trimming $ 205.00 7 $ 1,435.00
Palm Trimming(9) $ 207.00 1 $ 207.00
Q Thurm Boulevard(Medians Only)
Mowing Operations $ 85.00 30 $ 2,550.00
Medians Only
Hedge Trimming $ 130.00 7 $ 910.00
Palm Trimming(14) $ 322.00 1 $ 322.00
Page 4 a!,i Corrected Palm Cell Numbers 1G
Copy of cocc_bid_2020-01_bid_tab_sheet_202001
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA I (Continued) TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
R Manatee Sanctuary Park
701 Thurm Blvd.(Park Is Located on
Mowing Operations $ 300.00 30
$ 9,000.00 River Just North of Water
Palm Trimming(238) $ 5,474.00 1 $ 5,474.00 Reclamation Facility)
Edging of Exercise Trail $ 35.00 7 $ 245.00
S Banana River Park 901 Puerto Del Rio Dr.Soccer Field
Mowing Operations $ 132.00 52 $ 6,864.00 and Park Area Including Canoe
Palm Trimming38 Launch Area
( ) $ 874.00 1 $ 874.00
T North City Entrance Sign A1A
Mowing Operations $ 40.00 30 $ 1,200.00 North End of Cape Canaveral on
Hedge Trimming $ 50.00 7 $ 350.00 West Side of Astronaut Blvd.
Palm Trimming(6) $ 138.00 1 $ 138.00
i
U N.Atlantic Ave. Entrance Sign North End of Cape Canaveral on
Mowing Operations $ 40.00 30 $ 1,200.00 West Side of N.Atlantic Ave. by Port
Palm Trimming(14) $ 322.00 1 S 322.00 Entrance
✓ Ridgewood Ave.
Redevelopment Project Parallel to
Mowing Operations $ 290.00 30 $ 8,700.00 Oceanfront from East Central Blvd.to
Hedge Trimming $ 275.00 7 $ 1,925.00 Johnson Ave.
Palm Trimming(106) 1 $ 2,438.00 1 $ 2,438.00
Page 5 of 9 Corrected Palm Cell Numbers 1 G
Copy of cocc_bid_2020-01_bid_tab_sheet_202001
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA II TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
RIGHTS-OF-WAY
i
A N.Atlantic Ave.
North Entrance Sign to A1A
Mowing Operations $ 285.00 30 $ 8,550.00 intersection,all ROW including
Hedge Trimming $ 178.00 7 $ 1,246.00 sidewalks and bike paths
(Undeveloped Areas Only)
Palm Trimming (61) $ 1,403.00 1 $ 1,403.00
B East Central Blvd. -From N.Atlantic Ave.
East to Ridgewood Ave.
Mowing Operations $ 265.00 14 $ 3,710.00
(Undeveloped Areas Only)
Palm Trimming(60) $ 1,500.00 1 $ 1,500.00
C West Central Blvd. -From Thurm Blvd
East to N.Atlantic Ave.
(Undeveloped Areas Only)
Mowing Operations $ 116.00 14 $ 1,624.00
Palm Trimming(39) $ 975.00 1 $ 975.00
I
D Beach End Streets(Harbor Heights to
Johnson Ave.)
Mowing Operations $ 165.00 14 $ 2,310.00
E Harbor Heights/Harbor Dr.Stormwater
Retention Harbor Dr.(Off N.Atlantic Ave.)Cul
Mowing Operations $ 66.00 14 de Sac Area at East End
$ 924.00
F Oak Lane
ROW on Both Sides of Roadway
Mowing Operations $ 66.00 14 $ 924.00
G SR A1A East Side and West Side
Mowing Operations $ 248.00 14 $ 3,472.00 (Undeveloped Areas Only)
H Thurm Blvd. From SR A1A on East Side to West
Mowing Operations $ 330.00 14 $ 4,620.00 Central Blvd.on North Side(To the
Wall of Discovery Bay Development)
Palm Trimming (32) $ 800.00 1 $ 800.00
Page ti of 9 Corrected Palm Cell Numbers 1G
Copy of cocc_bid_2020-01_bid_tab_sheet_202001
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA II(Continuedi TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
RIGHTS-OF-WAY
I Jefferson/Poinsettia Ave.
Right-of-way Along Undeveloped Lot.
Mowing Operations $ 35.00 14 $ 490.00
J Washington/Poinsettia Ave.
Right-of-way Along Undeveloped Lot.
Mowing Operations $ 35.00 14 $ 490.00
i
K Madison/Magnolia Ave.
Right-of-way Along Undeveloped Lot.
Mowing Operations $ 33.00 14 $ 462.00
L Buchanan/Orange Ave.
Right-of-way Along Undeveloped Lot.
Mowing Operations $ 33.00 14 $ 462.00
r r
M Canaveral Blvd. Right-of-way on the North Side of
Canaveral Blvd. in Front of Gated
Mowing Operations $ 50.00 14 $ 700.00 Development.
Page %u`9 Corrected Palm Cell Numbers 1G
Copy of cocc_bid_2020-01_bid_tab_sheet_202001
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA III TIMES PER
WATER RECLAMATION FACILITY AND LIFT UNIT COST YEAR TOTAL COST ADDRESS/NOTES
STATIONS
A Water Reclamation Facility
601 Thurm Blvd.
Mowing Operations $ 463.00 / 30 $ 13,890.00
B Lift Stations See Attached List and Map for
Mowing Operations $ 210.00 30 $ 6,300.00 Locations.
BID AREA IV
UNIT COST TIMES PER TOTAL COST
MOWING/SLOPE MOWING OF CENTRAL YEAR LOCATION: North and South of West
DITCH AND OTHER AREAS Central Blvd.from Port to SR A1A.
A Central Ditch
Mowing Operations $ 675.00 7 $ 4,725.00
B Stormwater Pond -Manatee Park LOCATION: 701 Thurm Blvd.
Mowing Operations $ 99.00 30 $ 2,970.00
C Stormwater Ponds-Plant
LOCATION: 601 Thurm Blvd.
Mowing Operations $ 83.00 30 $ 2,490.00
D Stormwater Easement
LOCATION: 8893 N.Atlantic Ave.
Mowing Operations $ 500.00 1 $ 500.00
BID AREA V 1
UNIT COST TIMES PER TOTAL COST
Miscellaneous Mowing per Request YEAR
A Code Enforced Empty Lots, ROWs and
Abandoned Residential Lots $ 1,500.00 1 $ 1,500.00 f J
Page r;of,, Corrected Palm Cell Numbers 1G
Copy of cocc_bid_2020-01_bid_tab_sheet_202001
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID #2020-01 TAB SHEET GRAND TOTAL
BID AREA I - LANDSCAPED AREAS
$ 133,691.00 I
BID AREA II - RIGHTS-OF-WAY
$ 34,662.00
BID AREA III -WATER RECLAMATION FACILITY AND LIFT
STATIONS
$ 20,190.00I
BID AREA IV- MOWING/SLOPE MOWING OF CENTRAL DITCH
AND OTHER AREAS
$ 10,685.00I
BID AREA V - MISCELLANEOUS MOWING PER REQUEST
$1,500.00
GRAND TOTAL OF BID AREAS I, II, III AND IV
$ 190,043.00
VENDOR INFORMATION NOTES: lye also attached a copy of our
quality control sheets as well. We will have a
COMPANY NAME: US Lawns of Brevard designated crew for your property to include
a personal property account manager to
COMPANY REPRESENTATIVE: Shawn Choron over see the operations on your properties
that's over the crew foreman. All US Lawns
MAILING ADDRESS: 374 Commerce Pkwy. Rockledge, Fl.32952 employees are also uniformed with all the
OFFICE-321-636-0655 proper personal protection equipment.
PHONE:
MOBILE-321-302-9794
Page 9 of 9 Corrected Palm Cell Numbers 1 G
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Item No. 8
Subject: Ordinance No. 01-2020; amending the City Code to establish locational, design and
operational requirements for self-service storage facilities within the City; adopting conforming
amendments to the Zoning Code including revising definitions and existing storage regulations;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the
Code, severability and an effective date, second reading.
Department: Community Development
Summary: Mr. Ronald Abeles, the applicant and managing member of the Limited Liability
Company that owns property located at 190 Center Street, desires to construct a self -storage facility
on the property; however, this type of use is not allowed on the property as it is zoned C-2 and self -
storage is only allowed in the M-1 zoning district. Therefore, the request is to revise the C-2 zoning
district to allow self -storage as a special exception.
As defined in City Code Section 110-1, mini -storage is "the renting of storage space which is
utilized for the incidental storage of personal effects, which space shall not exceed 280 square
feet of net floor area. When used for such a purpose, such property may not be used in
combination with any other use, with the exception of storage garage."
The C-2 zoning district is "associated with a mix of low density commercial and light industrial.
The types of uses permitted are to serve employment and consumer needs of nearby residential
neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in
this zone shall be contained in an enclosed structure." Allowed uses include craft distilleries,
veterinary hospitals, new and used auto sales and service, car washes and vocational and trade
schools.
As indicated by the City Zoning Map (Attachment 1), there are two C-2 zoning districts in the City.
One located on and around Center Street, west of N. Atlantic Avenue, while the other is located on
the east side of Astronaut Boulevard, centered on W. Central Boulevard. Should the proposed
ordinance be adopted, mini -storage would be permitted as a special exception in these two areas.
The City currently has a number of mini -storage facilities to include several locations on Imperial
Boulevard, one located at 8550 Astronaut Boulevard and at the intersection of Central Boulevard
and N. Atlantic Avenue. The existing inventory of mini -storage is generally older with very little
aesthetic appeal. A number of these facilities are located in C-1 and C-2 zoning districts, which
means that they are nonconforming and therefore subject to restrictions contained in Code Sec.
110-195. These restrictions effectively eliminate the opportunity for redevelopment of the
nonconforming mini -warehouse facilities. The proposed ordinance removes these impediments
and facilitates the redevelopment of the nonconforming facilities within the C-2 zoning district.
Adoption of the ordinance would revise/establish locational, design and operational
requirements for these facilities (see Sec. 110-459 of Attachment 2). Also, a new definition of
"self-service storage facilities" is proposed (Sec. 110-1) as well as a number of conforming
amendments throughout Articles IX and X of the Zoning Code.
City of Cape Canaveral
City Council Meeting — February 18, 2020
Agenda Item No. 8
Page 2 of 4
The following minimum design standards shall apply to the construction of new self-service storage
facilities or, to the maximum extent feasible, shall be applied to the expansion or redevelopment of
existing self -storage facilities. The minimum standards shall be in addition to other applicable
design standards (e.g., EOOD):
(1) Storage facilities are permitted only in multi -story structures designed to emulate office
buildings compatible and in harmony with applicable aesthetic standards including the
Economic Opportunity Overlay District standards.
(2) Storage facilities shall be designed to ensure that access to the individual storage units shall
only be gained from the interior of the building(s). Individual storage units shall not exceed
300 square feet of net floor area.
(3) The main office entrance of the storage facility for design purposes shall be located at
ground level and oriented towards the street side. The main office entrance foyer shall
contain a minimum interior space dimension of at least 10 feet in height and 500 square
feet in size. This space shall be used as the main entrance foyer for customers even if the
majority of customers using the facility enter through loading docks, bays, doors or other
entrances. However, up to 25% of this space may also be used for storage supply sales and
office use to support the rental of the storage units.
(4) If the storage facility abuts a residentially zoned property or existing residential
development, the facility loading bays, entrances, docks or doors shall not be located on
any side abutting the residentially zoned property or residential development and shall not
be visible from said residential property.
(5) Loading bays, docks, entrances to individual storage units or bays may not be located on a
street facing side of a building.
(6) Storage facility access shall be secured such that access to the individual storage units shall
only be gained after entering the building through a secured access point. Fences and walls
including entry gates shall be constructed of high quality materials and shall be compatible
and in harmony with the design and materials of the facilities and site. Decorative metal or
wrought iron fences are preferred. Chain -link or similar fences, barbed wire or razor wire
fences and walls made of precast concrete are prohibited. Fences or walls are not allowed
between the main or front building on the site and the street.
(7) Storage facility buildings shall be surfaced in high quality materials compatible and in
harmony with the site. Unfaced concrete block, painted masonry, tilt -up and pre -cast
concrete panels and prefabricated metal sheets are prohibited. Prefabricated buildings are
not allowed.
(8) Exterior colors, including any internal corridors or doors visible through windows, shall be
muted tones.
(9) The facade of the storage facility building shall have exterior vertical surfaces covered by a
material or combination of materials such as decorative brick veneer, stone, stucco, textured
block or similar decorative materials. All materials shall be of high quality.
(10) Storage facility buildings shall be clad with a mix of durable, low maintenance materials that
convey the appearance of high quality. Upon final compatibility and harmony approval by
the Community Appearance Board, allowed cladding materials shall include high grade
metal composite materials with a factory -applied finish, brick, brick veneer, stone, simulated
stone, stucco, cement fiberboard, and concrete masonry units with integrated color,
City of Cape Canaveral
City Council Meeting — February 18, 2020
Agenda Item No. 8
Page 3 of 4
provided the outer surface is either split face or ground faced, or a combination of the two.
Prohibited cladding materials include unbacked, non -composite sheet metal products (e.g.,
standing -seam metal or flat panels that can be easily dented), smooth faced concrete
masonry units that are painted or unfinished, board or batten siding, plastic or vinyl siding
or unfinished wood.
(11) Storage facility buildings resembling long, traditional warehouse buildings are prohibited.
(12) Streetscape landscaping required by the City Code shall not be fenced.
(13) Electrical service to the storage units shall be for lighting and climate control only. No
electrical outlets are permitted inside individual storage units. Lighting fixtures and switches
shall be of secure design that will not allow the tapping of fixtures for other purposes.
(14) The minimum lot size shall be not less than one and one-half (1.5) acres.
Operational Requirements. The following minimum operational standards shall apply to self-
service storage facilities and tenants of individual storage units:
(1) Individual storage units shall not be used for activities such as residences, offices,
workshops, studios, or hobby or rehearsal areas. Further, storage units shall not be used for
manufacturing, fabrication or processing of goods, services or repair of vehicles, engines,
appliances or other equipment, or any other industrial activity whatsoever. In addition,
storage units shall not be used for commercial activity or places of business of any kind
including, but not limited to, retail sales, garage or estate sales, or auctions.
(2) Storage of flammable, explosive, perishable or hazardous materials within individual storage
units and on site is prohibited.
(3) The storage of gasoline powered motor vehicles within an individual storage unit is
prohibited.
(4) Keeping of animals is prohibited.
(5) Storage facilities shall not operate or allow tenant access between the hours of 10:00 p.m.
and 6:00 a.m.
(6) All goods and property shall be stored in an enclosed building. Outdoor storage of goods
and property shall be prohibited.
(7) Temporary storage units or shipping containers are prohibited on the property except as
provided under Section 82-400 of the City Code.
(8) Storage facilities shall have security access control to buildings and individual storage units
and enhanced electronic video surveillance of the property.
(9) Rental agreements shall provide tenants with written notice of the minimum operational
standards set forth in this section and any other conditions imposed by the City.
At its August 21, 2019 meeting, the Planning and Zoning Board recommended approval of
Ordinance No. 01-2020.
At its January 21, 2020 meeting, the Council approved the proposed ordinance on first reading;
however, Staff was asked to revise several items, to include:
City of Cape Canaveral
City Council Meeting — February 18, 2020
Agenda Item No. 8
Page 4 of 4
1. Storage facilities will only be permitted within the M-1 zoning district. The initial draft
allowed these facilities in the C-2 zoning district as a Special Exception; and
2. Photos have been added to the Design Standards section of the Ordinance to provide
examples of multi -story structures designed to emulate office buildings.
The Notice of Hearing was placed for advertisement in Florida Today on February 6, 2020 and the
Ordinance is presented for second reading and final adoption.
Submitting Department Director: David Dickey Date: 2/11/2020
/
Attachments:
1 — City Zoning Map
2 — Ordinance No. 01-2020
Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this
agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2/11/2020
Interim City Manager recommends City Council take the following action:
Adopt Ordinance No. 01-2020, second reading.
Approved by Interim City Manager: Todd Morley Date: 2/11/2020
Attachment 1
City of Cape Canaveral
Zoning Map
MILLER LEG
L 2!_3-:9 ._—•"1fuk m,!{ai,9F 1R.111011a
r ima IN ui~r Aa Ou ®r+.11.
Legend
ZONING
- C1
C2
M1
R1
R2
R3
N
W+E
S
STREET LEGEND
A Clara Elizabeth Lane
B Maple Court
C Palm Way
D Croton Court
E Oleander Court
F Coquina Lane
G Camelia Court
H Jasmine Court
I Honeysuckle Way
J Intrepid Way
K Aquarius Way
L Tranquility Way
M Shuttle Way
N Falcon Way
O Coconut Way
TROPIC BEACH,R,-
BEACH
__PARK
`HIA OH
City of Cape Canaveral
Zoning Map
Map Prepared by Miller Legg & Associates, Inc.
July 02 2008
Data Source: Brevard County Property Appraiser Office.
City of Cape Canaveral, Brevard County Government.
Miles
0 0.050.1 0.2 0.3 0.4 0.5
V:\Prgetls\2004\04-00170 General Planning Svcs \GI Maps Juy2008\CC Zoning_July2008
Attachment 2
1 ORDINANCE NO. 01-2020
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE
5 CITY CODE TO ESTABLISH LOCATIONAL, DESIGN AND
6 OPERATIONAL REQUIREMENTS FOR SELF-SERVICE STORAGE
7 FACILITIES WITHIN THE CITY; ADOPTING CONFORMING
8 AMENDMENTS TO THE ZONING CODE INCLUDING REVISING
9 DEFINITIONS AND EXISTING STORAGE REGULATIONS;
10 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
11 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
12 CODE, SEVERABILITY, AND AN EFFECTIVE DATE.
13
14 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
15 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
16 law, and the City's inherent police power to establish zoning regulations within the jurisdictional
17 limits of the City of Cape Canaveral; and
18 WHEREAS, due to modern trends in siting and tenant demand, for high quality climate
19 controlled self -storage units for dead storage of goods and property within the City, the City
20 Council finds it to be in the City's best interest to provide for the future consideration of additional
21 limited locations for self-service storage facilities pursuant to the siting, design and operational
22 requirements set forth in this Ordinance; and
23 WHEREAS, the City's Land Planning Agency conducted a public hearing to consider this
24 Ordinance on August 21, 2019, and after receiving testimony and evidence and deliberating about
25 the merits of the Ordinance, recommend that the City Council adopt the Ordinance; and
26 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
27 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
28 Cape Canaveral.
29 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
30 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
31 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as
32 legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
33 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape Canaveral,
34 Florida, is hereby amended as follows: (underlined type indicates additions to the City Code and
35 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of
City of Cape Canaveral
Ordinance No. 01-2020
Page 1 of 7
1 text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks
2 and set forth in this Ordinance shall remain unchanged from the language existing prior to
3 adoption of this Ordinance):
4 CHAPTER 110 — ZONING
5 ARTICLE I. — IN GENERAL
6 Sec. 110-1. — Definitions.
7 Garage, storage means a building or portion of a building thereof designed or used exclusively
8 for thc storagc or parking of automobiles. Service othcr than storagc at such storagc garage
9 shall be limited to lubrication, washing, waxing and polishing. When used for such a purpose,
10 such property may not be used in combination with any othcr use, with thc exception of mini
11 storagc.
12 MiniSelf-Service Storage Facilities means an establishment containing separate the renting of
13 storage spaces that are leased or rented to customers as individual units. The term is synonymous
14 with mini -warehouses, mini -storage, self -storage facilities and self -storage warehouse. which is
15 utilized for the incidental storage of personal effects, which space shall not exceed 280 square
16 feet of net floor area. When used for such a purpose, such property may not be used in
17 combination with any other use, with the exception of storage garage.
18
19
20 ARTICLE VII. — DISTRICTS
21
***
***
22 DIVISION 7. — M1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT
23 Sec. 110-352. - Principal uses and structures.
24 In the M-1 light industrial and research and development district, the following uses and
25 structures are permitted, provided any use or group of uses that are developed, either
26 separately or, if developed as a unit with certain site improvements, shared in common, meet
27 requirements of article IX of this chapter:
28
29
30
31
32
33
(4) Ministorage and storage garages. Self -Service Storage Facility, subject to the
requirements of section 110-459 of this Code.
City of Cape Canaveral
Ordinance No. 01-2020
Page 2of7
1
2 ARTICLE IX. — SUPPLEMENTARY DISTRICT REGULATIONS
3
***
4 Sec. 110-459. —Self-Service Storage Facilities. Mini warehouse ersonal property storage
5 fa, T
6 (a) Storage buildings shall bc subdivided by permanent partitions into spaces containing not more
7 than 300 square feet each. (b) Storage of goods shall bc limited to personal property with no retail
8 sales, service establishments, offices, apartments (other than manager's office and apartment),
9 commercial distribution or warehousing allowed. (c) The minimum lot size shall be not less than
10 two acres. (d) If the facilities are lighted, lighting shall be designed and installed so as to prevent
11 glare or excessive light on adjacent property. No source of illumination shall bc allowed if such
12 source of illumination would bc visible from a residentially zoncd district to thc cxtcnt that it
13 interferes with thc residential use of that arca. (c) Minimum yard requirements: (i) Front 30 feet.
14 (ii) Side and rear Zero feet if adjacent to a commercial district; 15 feet side yard and ten feet rear
15 yard if adjacent to residential district. (f) Perimeter landscaping adjacent to streets: All vehicular
16 use areas (VUAs) which arc not entirely scrccncd by an intervening building from any abutting
17 dedicated public street, to thc cxtcnt such areas arc not so scrccncd, shall contain thc following:
18 (i) A landscaped area of not less than 20 square feet for each linear foot of vehicular use area
19 (VUA) street frontage; (ii) No less than one tree, of four inch caliper or greater, located within 25
20 feet of the street right of way, for each 25 linear feet, or fraction thereof, of VUA street frontage.
21 The intent and purpose of this Section is to provide minimum design and operational
22 requirements for self -storage facilities located within the City.
23 (a) Design Standards. After [EFFECTIVE DATE OF ORDINANCE], the following minimum
24 design shall apply to the construction of new self-service storage facilities or, to the maximum
25 extent feasible, the expansion or redevelopment of existing self -storage facilities. Such minimum
26 standards shall be in addition to other applicable design standards (e.g., EOOD, aesthetic review
27 process):
28 (1) Storage facilities are permitted only in multi -story structures designed to emulate office
29 buildings compatible and in harmony with applicable aesthetic standards including the
30 Economic Opportunity Overlay District standards.
31 (2) Storage facilities shall be designed to ensure that access to individual storage units is
32 only available from an interior corridor of the building(s). Individual storage units shall not
33 exceed 300 square feet of net floor area.
34 (3) The main office entrance of the storage facility for design purposes shall be located at
35 ground level and oriented towards the street side. The main office entrance foyer shall contain
36 a minimum interior space dimension of at least 10 feet in height and 500 square feet in size.
City of Cape Canaveral
Ordinance No. 01-2020
Page 3of7
1 This space shall be used as the main entrance foyer for customers. However, up to 25% of
2 this space may also be used for storage supply sales and office use to support the rental of
3 the storage units.
4 (4) If the storage facility abuts residentially zoned property or existing residential
5 development, the facility loading bays, docks or doors shall not be located on any side
6 abutting the residentially zoned property or residential development and shall not be
7 visible from said residential property.
8 (5) Access to interior common areas via loading bays, docks, or doors may not be located on
9 a street facing side of a building.
10 (6) Storage facility access shall be secured such that access to the individual storage units shall
11 only be gained after entering the building through a secured access point. Fences and walls
12 including entry gates shall be constructed of high quality materials and shall be compatible
13 and in harmony with the design and materials of the facilities and site. Decorative metal or
14 wrought iron fences are preferred. Chain -link or similar fences, barbed wire or razor wire
15 fences and walls made of precast concrete are prohibited. Fences or walls are not allowed
16 between the main or front building on the site and the street.
17 (7) Storage facility buildings shall be surfaced in high quality materials compatible and in
18 harmony with the site. Unfaced concrete block, painted masonry, tilt -up and pre -cast
19 concrete panels and prefabricated metal sheets are prohibited. Prefabricated buildings are
20 not allowed.
21 (8) Exterior colors, including any internal corridors or doors visible through windows, shall be
22 muted tones.
23 (9) The facade of the storage facility building shall have exterior vertical surfaces with at least
24 fifty (50) percent of the area covered by a material or combination of materials such as
25 decorative brick veneer, stone, stucco, textured block or similar decorative materials. All
26 materials shall be of high quality.
27 (10) Storage facility buildings shall be clad with a mix of durable, low maintenance materials
28 that convey the appearance of high quality. Upon final compatibility and harmony approval
29 by the Community Appearance Board, allowed cladding materials shall include high grade
30 metal composite materials with a factory -applied finish, brick, brick veneer, stone, simulated
31 stone, stucco, cement fiberboard, and concrete masonry units with integrated color, provided
32 the outer surface is either split face or ground faced, or a combination of the two. Prohibited
33 cladding materials include unbacked, non -composite sheet metal products (e.g., standing-
34 seam metal or flat panels that can be easily dented), smooth faced concrete masonry units
35 that are painted or unfinished, board or batten siding, plastic or vinyl siding or unfinished
36 wood.
City of Cape Canaveral
Ordinance No. 01-2020
Page4of7
1 (11) Storage facility buildings resembling long, traditional warehouse buildings are prohibited.
2 (12) Streetscape landscaping required by the City Code shall not be fenced.
3 (13) Electrical service to the storage units shall be for lighting and climate control only. No
4 electrical outlets are permitted inside individual storage units. Lighting fixtures and switches
5 shall be of secure design that will not allow the tapping of fixtures for other purposes.
6 (14) The minimum lot size shall be not less than one and one-half (1.5) acres.
7 (15) The following images are demonstrative examples of multi -story structures designed to
8 emulate office buildings:
9
10 Images of two demonstrative examples of multi-story structures designed to emulate office buildings
11
12 Images of two demonstrative examples of multi-story structures designed to emulate office buildings
13
'brand new storage facit
City of Cape Canaveral
Ordinance No. 01-2020
Page 5 of 7
1 Images of two demonstrative examples of multi-story structures designed to emulate office buildings
2
3 (b) Operational Requirements. The following minimum operational standards shall apply to
4 self-service storage facilities and tenants of individual storage units:
5 (1) Individual storage units shall not be used for activities such as residences, offices,
6 workshops, studios, or hobby or rehearsal areas. Further, storage units shall not be used for
7 manufacturing, fabrication or processing of goods, services or repair of vehicles, engines,
8 appliances or other equipment, or any other industrial activity whatsoever. In addition,
9 storage units shall not be used for commercial activity or places of business of any kind
10 including, but not limited to, retail sales, garage or estate sales, or auctions.
11 (2) Storage of flammable, explosive, perishable or hazardous materials within individual
12 storage units and on site is prohibited.
13 (3) The storage of gasoline powered motor vehicles within an individual storage unit is
14 prohibited.
15 (4) Keeping of animals is prohibited.
16 (5) Storage facilities shall not operate or allow tenant access between the hours of 10:00 p.m.
17 and 6:00 a.m.
18 (6) All goods and property shall be stored in an enclosed building. Outdoor storage of goods
19 and property shall be prohibited.
20 (7) Temporary storage units or shipping containers are prohibited on the property except as
21 provided under Section 82-400 of the City Code.
22 (8) Storage facilities shall have security access control to buildings and individual storage units
23 and enhanced electronic video surveillance of the property.
24 (9) Rental agreements shall provide tenants with written notice of the minimum operational
25 standards set forth in this section and any other conditions imposed by the City.
26 ***
City of Cape Canaveral
Ordinance No. 01-2020
Page 6of7
1 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
2 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
3 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
4
5 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
6 Canaveral City Code and any section or paragraph, number or letter and any heading may be
7 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
8 like errors may be corrected and additions, alterations, and omissions, not affecting the
9 construction or meaning of this Ordinance and the City Code may be freely made.
10
11 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
12 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
13 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed
14 a separate, distinct and independent provision, and such holding shall not affect the validity of
15 the remaining portions of this Ordinance.
16
17 Section 6. Effective Date. This Ordinance shall become effective immediately upon
18 adoption.
19
20 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of February,
21 2020.
22
23
24 Bob Hoog, Mayor
25
26 ATTEST: For Against
27
28 Mike Brown
29
30 Mia Goforth, CMC Robert Hoog
31 City Clerk
32 Mickie Kellum
33 Planning & Zoning Board
34 Hearing: August 21, 2019 Wes Morrison
35 First Reading: January 21, 2020
36 Advertisement: February 6, 2020 Angela Raymond
37 Second Reading: February 18, 2020
38
39 Approved as to legal form and sufficiency
40 for the City of Cape Canaveral only by:
41
42
43 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 01-2020
Page 7of7
CAPE CANAVERAL
City of Cape Canaveral
City Council Meeting - February 18, 2020
Agenda Item Summary
Item No. 9
Subject: Ordinance No. 02-2020; amending Chapter 26 — Elections, of the Code of Ordinances;
changing the qualifying period for candidates for the offices of Mayor and City Council to be
consistent with the requirements of the Brevard County Supervisor of Elections; providing for the
repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability
and an effective date, first reading.
Department: City Clerk's Office
Summary: The Brevard County Supervisor of Elections, on behalf of the City of Cape Canaveral and
all other cities/towns in Brevard County, conducts municipal elections. On July 15, 2019, Brevard
County Supervisor of Elections (BCSOE) Lori Scott requested all cities/towns adjust their qualifying
dates for the period to end 78 days prior to the date of an election, allowing time for ballot
processing. Due to the timing, the City had to operate under an extremely tight timeframe to
accommodate this request.
The City Council convened a Regular Meeting on August 6, 2019 and approved Ordinance No.
14-2019, an Emergency Ordinance, to adjust the Qualifying Period for the 2019 City Election, per
BCSOE's request. The incorporated recitals of the Emergency Ordinance also stated an intent to
amend the qualifying period permanently prior to May 17, 2020. Emergency ordinances do not
require a second reading and, for that reason, can only authorize a temporary action. A standard,
two -reading ordinance is required to amend City Code permanently.
Ordinance No. 02-2020 (Attached) amends City Code to adjust the Qualifying Period for 2020 and
beyond. If adopted, the Qualifying Period for the 2020 City Election will run from Monday, August
3, 2020 at 12:00 noon to Friday, August 14, 2020 at 12:00 noon. This will allow ample time to provide
candidate information to BCSOE by their requested deadline.
The new Qualifying Period, established in the proposed Ordinance, spans ten business days, rather
than the current eleven business days. This adjustment keeps official qualifying entirely within the
month of August. This will streamline the process with consistent financial reporting for all
candidates. This adjustment will also be more efficient, by beginning the Qualifying Period at the
beginning (Monday) of one week, and ending it at the end (Friday) of the following week.
This adjustment does not preclude a potential candidate's desire to campaign before officially
qualifying to run. All City residents who are registered voters may announce intentions to run for
office at any time prior to an official Qualifying Period, as long as the Statement of Campaign
Treasurer and Designation of Campaign Depository (Form DS-DE 9) and Statement of Candidate
(Form DS-DE 84) are filed with the City Clerk, the Qualifying Officer. Form DS-DE 9 must be filed
prior to opening a campaign account.
For more information regarding City elections, please contact the City Clerk's Office.
Submitting Department Director:
Mia Goforth A4*--- Date: 2/11/2020
Attachment: Ordinance No. 02-2020
City of Cape Canaveral
City Council Meeting — February 18, 2020
Agenda Item No. 9
Page 2 of 2
Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this
Agenda Item.
Reviewed by Administrative/Financial
Services Director:
John DeLeo X Date: 2/11/2020
Interim City Manager recommends City Council take the following action:
Approve Ordinance No. 02-2020 on first reading.
Approved by Interim City Manager: Todd Morley Date: 2/11/2020
ORDINANCE NO. 02-2020
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY
FLORIDA; AMENDING CHAPTER 26 — ELECTIONS, OF THE CODE OF
ORDINANCES; CHANGING THE QUALIFYING PERIOD FOR CANDIDATES FOR
THE OFFICES OF MAYOR AND CITY COUNCIL TO BE CONSISTENT WITH THE
REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, pursuant to Section 26-3 of the City Code, the City's current qualifying period
for candidates running for the office of Mayor and City Council shall be at any time after 12:00
noon of the 88th day prior to the general election and no later than 12:00 noon of the 74th day
prior to the date of the general election ("Existing Qualifying Period"); and
WHEREAS, the current termination date of the existing Qualifying Period does not comply
with a directive given by the Brevard County Supervisor of Elections to complete and provide all
ballot referendum language and a list of qualified Council candidates no later than the 78th day
prior to the City election; and
WHEREAS, at its August 6, 2019 Regular Meeting, the City Council adopted Ordinance
No. 14-2019, an Emergency Ordinance, reducing the 2019 City election's Qualifying Period by four
(4) days to comply with the Brevard County Supervisor of Elections directive; and
WHEREAS, Ordinance No. 14-2019 also stated an intent to permanently amend the
qualifying period prior to May 17, 2020; and
WHEREAS, the City Council hereby declares that it supports the Voting Rights Act of 1965,
and the provisions of Section 4(e), and therefore, for purposes of complying with a directive given
by the Brevard County Supervisor of Elections, the City Council desires to modify the qualifying
period for the City's municipal election by adjusting the qualifying period so the City Clerk may
provide all ballot referendum language and a list of Council candidates to the Brevard County
Supervisor of Elections no later than the 78th day prior to a City election; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
Cape Canaveral.
City of Cape Canaveral
Ordinance No. 02-2020
Page 1 of 3
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Code Amendment. Section 26-3 of the Code of Ordinance, City of Cape
Canaveral, Brevard County Florida, is hereby amended as follows (underlined type indicates
additions and strikeout type indicates deletions):
Sec. 26-3. - Qualifying period —Generally.
The qualifying period for C€andidates for the offices of the mayor and city council
shall qualify and pay the applicable qualifying fee and assessment during regular
business hours of the City be at any time after 12:00 noon of the 92nd 88th day
prior to the general municipal election and no later than 12:00 noon of the 81 st
4 day prior to the date of the gcncral municipal election. However, in the
event that the first or last filing day falls on a Saturday, Sunday or legal holiday,
then, as may be applicable, the subject first filing date shall be rescheduled to the
next regular business day and the last filing date shall be rescheduled to the last
preceding regular business day.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter and any heading may
be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
2020.
City of Cape Canaveral
Ordinance No. 02-2020
Page 2 of 3
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
First Reading: February 18, 2020
Advertisement:
Second Reading:
Bob Hoog, Mayor
Mike Brown
Robert Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Ordinance No. 02-2020
Page 3 of 3
For Against