HomeMy WebLinkAboutcocc_council_mtg_packet_20201020CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
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AGENDA
October 20, 2020
6:00 P.M.
COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting
will be held both in -person and virtually by communications media technology (CMT).
Instructions for the public to attend and provide public comments during this meeting are
accessible at www.cityofcapecanaveral.org/instructions as well as attached to this agenda.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear
on the agenda and any agenda item that is listed on the agenda for final official action by the City
Council excluding public hearing items which are heard at the public hearing portion of the
meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-
judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City
Council will not take any action under the "Public Participation" section of the agenda. The Council
may schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS/INTERVIEWS
6:15 p.m. — 6:30 p.m.
Presentation of Proclamation to Unit Commander Brian Schneider and other representatives from
the Space Coast Young Marines, declaring the week of October 23, 2020 through October 31,
2020 as Red Ribbon Week in the City of Cape Canaveral.
Presentation of check from State Senator Tom Wright, awarding the City of Cape Canaveral a
$250,000 grant for construction of new headworks (influent filter system) and replacement of the
sand filter system with disc filters at the City's Water Reclamation Facility.
Interview Applicant for appointment to the Culture and Leisure Services Board. (Anthony J. Divito)
CONSENT AGENDA
6:30 p.m. — 6:35 p.m.
1. Approve Minutes for September 3, 2020 Special and September 15, 2020 Regular Meetings.
2. Resolution No. 2020-25; adopting the Brevard County 2020 Local Hazard Mitigation
Strategy Multi -Jurisdictional Plan ("Plan"); supporting the County's pursuit of funding
opportunities for the Plan; supporting continued participation in the Plan; providing for
repeal of prior inconsistent resolutions, severability and an effective date.
City of Cape Canaveral, Florida
City Council Meeting
October 20, 2020
Page 2 of 3
3. Resolution No. 2020-26; reappointing a member to the Business and Economic
Development Board of the City of Cape Canaveral; providing for the repeal of prior
inconsistent resolutions, severability and an effective date. (Jared Saft)
4. Resolution No. 2020-27; temporarily reducing Commercial Recreational Franchise Fees
due to the COVID-19 Pandemic Emergency until the Emergency Declaration adopted by
the City Council pursuant to Resolution No. 2020-09 is terminated; providing for the repeal
of prior inconsistent resolutions, severability and an effective date.
5. Resolution No. 2020-28; appointing and reappointing members to the Culture and Leisure
Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions, severability and a retroactive effective date. (Anthony J. Divito and Marlene
Woodside)
6. Award bid for construction of improvements to West Central Boulevard to Gibbs and
Register of Winter Garden, Florida in the revised bid amount of $1,651,816 and authorize
City Manager to execute Construction Agreement for same.
7. Accept revised letterhead system that facilitates Americans with Disabilities Act (ADA)
compliance, minimizes waste and reinforces the City's brand and history.
PUBLIC HEARINGS
6:35 p.m. — 6:55 p.m.
8. Ordinance No. 03-2020; amending Sections 2-57 and 2-58 regarding scheduling Council
Meetings; providing a conforming amendment to Section 18-1 related to the definition of
Civil Emergencies; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability; and an effective date, second reading.
9. Ordinance No. 05-2020; generally related to land use and zoning requirements;
authorizing the operation of "Mobile Food Dispensing Vehicles" as a temporary accessory
use in certain limited zoning districts in furtherance of Section 509.102(2), Florida Statutes
and at special events authorized by the City; providing general standards for operating
Mobile Food Dispensing Vehicles; providing for the repeal of prior inconsistent ordinances
and resolutions; incorporation into the Code; severability; and an effective date, first reading.
10. Ordinance No. 06-2020; establishing alternative parking surfaces, sustainable green
parking lot alternatives and bicycle parking requirements by amending Chapter 110
Zoning, Article IX, Division 2. — Off -Street Parking of the City Code; providing for the repeal
of prior inconsistent ordinances and resolutions, incorporation into the Code, severability
and an effective date, first reading.
11. Ordinance No. 07-2020; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise
Capital Fund Budgets for the Fiscal Year beginning October 1, 2019, and ending September
30, 2020; providing for the repeal of prior inconsistent ordinances and resolutions and an
effective date, first reading.
City of Cape Canaveral, Florida
City Council Meeting
October 20, 2020
Page 3 of 3
ITEM FOR ACTION
6:55 p.m. — 7:00 p.m.
12. Provide direction regarding implementation of Granicus, LLC, dba Host Compliance,
Short -Term Rental (STR) compliance management software.
ITEM FOR DISCUSSION
7:00 p.m. — 7:05 p.m.
13. Council Code of Conduct Article II. Sec. 2-28 City Code of Ordinances. (Submitted by
Mayor Hoog)
REPORTS
7:05 p.m. — 7:15 p.m.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the City Council with respect to
any matter considered at this meeting, that person will need a record of the proceedings, and for
such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested
parties may attend this Public Meeting. The facility is accessible to the physically handicapped.
Persons with disabilities needing assistance to participate in the proceedings should contact the
City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CITY OF CAPE CANAVERAL
ATTENTION: TEMPORARY VIRTUAL PUBLIC MEETING AND COMMENT INSTRUCTIONS
IN LIGHT OF COVID-19 EMERGENCY
Due to the COVID-19 Pandemic Emergency, public access to City Hall is limited in an effort to comply
with Federal and State public health and safety directives to keep our citizens and City officials and
employees safe. As a result, the City of Cape Canaveral will be temporarily utilizing virtual
Communications Media Technology (CMT) for City Council and other board meetings pursuant to the
Governor's Executive Order Number 20-69 and Florida Statutes, Section 120.54(5)(b)(2) until further
notice. Governor DeSantis' Executive Order suspended the requirement of a quorum to be present in
person or having a local government body meet at a specific public place. Therefore, the City Council
and Advisory Board Members may attend public meetings and participate by telephonic and video
conferencing. However, the City of Cape Canaveral remains committed to providing alternative
platforms for citizens to virtually attend scheduled public meetings and have an opportunity to submit
their public comments in an efficient, orderly and safe manner.
INSTRUCTIONS FOR VIRTUAL MEETING ATTENDENCE AND AGENDA ACCESS
The City of Cape Canaveral temporary CMT meeting platform is GoToWebinar. Videoconferencing and
teleconferencing will be used to virtually connect the following meeting participants: City Council, Board
Members, City Staff, City Attorney, City consultants and Applicant(s), if any, for purposes of conducting
public meetings.
However, the public may virtually attend the meeting live by viewing and listening to the meeting by
accessing the meeting at an Internet address and/or phone number/access code listed at the top of
each respective meeting agenda and on the City website's Events Calendar available at:
www.cityofcapecanaveral.org/calendar.php.
To obtain a copy of the board meeting agenda, interested persons should go to the City's online Public
Records/Laserfiche WebLink and search for the specific board and agenda package at:
cityofcapecanaveral.org/government/city_departments/city_clerk_s_office/public_records_laserfiche_weblink.php
PARTICIPATION OPPORTUNITIES DURING MEETINGS VIA GOTOWEBINAR PLATFORM
There will be appropriate times during GoToWebinar hosted meetings when the chairperson or
designee of the meeting will invite live public comment during the public participation portion of the
meeting and for specific agenda items. You must be properly
logged into the live GoToWebinar meeting on your computer or
electronic device and have a functioning microphone to
participate live. When these invitations are announced by the
chairperson or designee at the meeting, citizens may virtually raise MUTED
their hand to speak by pressing the hand feature on the 14 ell Microphone (HDWebcamC510)
GoToWebinar screen in timely manner so as to be recognized as a
speaker by the City Staff person monitoring the meeting. The hand Speakers (FEigh Definition Aud...
feature is illustrated in the accompanying screenshot to the right.
File View Help
Audio
Sound Check
Computer audio
Phone call
Muted
Microphone (HD Webcam C510)
Speakers (High Definition Aud...
When the speaker is recognized by the Meeting Organizer, their audio microphone will be unmuted to
address the Council or Board Members. Speakers must clearly state their names and address for the
record and then provide comments within three (3) minutes. Public comments must be relevant to the
agenda item being considered at that time. Irrelevant and repetitive comments will be deemed out -of -
order and will not be heard. At the conclusion of a citizen's public comment opportunity, the audio will
be muted so the Council or Board may continue conducting the meeting.
City of Cape Canaveral - Virtual Meeting Instructions — Updated 07/14/2020
Page 1 of 2
Public comments are limited to three (3) minutes. The comments will be heard at the meeting and
summarized into the record. Public comments are subject to City meeting rules of decorum. The
speaker's activated audio may be muted by the City for violating the time limit or rules of decorum.
Please also note that the time allocated to each person for public comment is subject to the discretion
of the Council or Board and may be reduced from three (3) minutes based on the number of speakers
or comments received or previous comments made by the speaker.
PUBLIC COMMENT AND PUBLIC PARTICIPATION INSTRUCTIONS
Public comments in the form of email or written correspondence (either mailed or hand- delivered) will
be accepted no later than 24 hours ahead of a scheduled Workshop or Regular Meeting. Public
comments in the form of email or written correspondence will be accepted within a reasonable amount
of time prior to Special City Council Meetings. Emails and correspondence will be read into the record.
However, Staff reserves the right to aggregate and summarize comments substantially similar (generally
5 public comment emails or more). Additionally, each public comment must address one subject at a
time at virtual and hybrid public meetings. Emails and correspondence will be forwarded to the City
Council and/or Advisory Board Members prior to the scheduled meeting for their review.
Section 286.0114, Florida Statutes, affords the public a reasonable opportunity to be heard during public
City Council and Advisory Board Meetings. In light of challenges posed to hosting traditional public
gatherings due to the COVID-19 Pandemic Emergency, Staff is continually working to develop efficient
methods to ensure an accessible range of opportunities for public participation. We appreciate your
patience as we work to implement these improvements, and ask that any questions or concerns
regarding Public Participation and Public Comments be directed to the City Clerk's Office at
cityclerk@cityofcapecanaveral.org or by phone at (321) 868-1220.
ACCESSIBILITY STATEMENT
The City broadcasts all City Meetings via it's website through a third -party provider that enables live
captioning. However, in accordance with the Americans with Disabilities Act of 1990, persons needing
additional special accommodation to participate in this meeting may contact the City Clerk's Office at
321-868-1220 no later than one (1) business day prior to the meeting.
MISCELLANEOUS
The rules established herein are intended to provide a general framework for the conduct of public CMT
meetings as authorized pursuant to the Governor's Executive Orders Nos. 20-52 and 20-69. The City of
Cape Canaveral reserves the right to modify, amend, or discontinue these temporary procedures for
public comments, with or without notice, in order to ensure compliance with applicable laws, rules and
regulations; to overcome technical or logistical difficulties or practical challenges in implementing public
meetings via CMT; or to ensure the public health, safety and welfare of the public.
Thank you for your patience and understanding during this very challenging time. For more information
about these temporary procedures or public meetings, please contact the City Clerk.
Rev. 07/14/2020
City of Cape Canaveral - Virtual Meeting Instructions — Updated 07/14/2020
Page 2 of 2
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Presentation of Proclamation to Unit Commander Brian Schneider and other representatives
from the Space Coast Young Marines, declaring the week of October 23, 2020 through October 31,
2020 as Red Ribbon Week in the City of Cape Canaveral.
Department: Legislative
Summary: The mission of the Young Marines program is to develop good citizenship and promote
a healthy, drug -free lifestyle in our youth. Drug awareness and education are vital and key elements
in the Young Marines' fight against illicit drug use and trafficking in our communities.
Red Ribbon Week is an annual campaign organized by the Young Marines as an opportunity to
promote illicit drug awareness and this year will take place during the week of October 23, 2020
through October 31, 2020. Young Marines actively and aggressively participate in the Red Ribbon
Week campaign and work together with municipalities with the goals of ridding our communities
of illicit drug use and those that traffic and profit from them, achieving a positive impact in our
youth and our communities and developing responsible citizenship in our youth.
Present this evening to accept this Proclamation are Unit Commander Brian Schneider and other
representatives from the Space Coast Young Marines.
Submitting Council Member: Mayor Hoog Date: 10/05/2020
Attachment: Proclamation
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/02/2020
The City Manager recommends the City Council take the following action:
Present Proclamation to Unit Commander Brian Schneider and other representatives from the
Space Coast Young Marines.
Approved by City Manager: Todd Morley Date: 10/02/2020
Official
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS, communities across America have been plagued by the numerous
problems associated with illicit drug use and individuals and entities that traffic in them;
and
WHEREAS, there is hope in winning the war on drugs, and that hope lies in
education and drug demand reduction, coupled with the hard work and determination of
organizations such as the Young Marines of the Marine Corps League to foster a healthy,
drug -free lifestyle; and
WHEREAS, governments and community leaders know that citizen support is one
of the most effective tools in the effort to reduce the use of illicit drugs in our
communities; and
WHEREAS, the Red Ribbon has been chosen as a symbol commemorating the
work of Enrique "Kiki" Camarena, a Drug Enforcement Administration agent who was
murdered in the line of duty, and represents the belief that one person can make a
difference; and
WHEREAS, the Red Ribbon Campaign was established by Congress in 1988 to
encourage a drug -free lifestyle and involvement in drug prevention and reduction efforts;
and
WHEREAS, October 23, 2020 through October 31, 2020 has been designated
National Red Ribbon Week, which encourages Americans to wear a Red Ribbon to show
their support for a drug -free environment.
NOW, THEREFORE, 1, Robert E. Hoog, Mayor of the City of Cape Canaveral,
Brevard County, Florida, hereby proclaim October 23, 2020 through October 31, 2020 as
RED RIBBON WEEK
in the City of Cape Canaveral and urge all citizens to join me in this special observance.
Signed and Sealed this _ Day of _, _
_ Mayor
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Presentation of check from State Senator Tom Wright, awarding the City of Cape
Canaveral a $250,000 grant for construction of new headworks (influent filter system) and
replacement of the sand filter system with disc filters at the City's Water Reclamation Facility.
Department: City Manager's Office
Summary: Beginning in late-2019, City Staff contacted both the offices of State Senator Tom
Wright and State Representative Tyler Sirois about possible grant funding from the State Legislature
for the construction of improvements at the City's Water Reclamation Facility (WRF). Since the City
was already midway through the design process for replacing the WRF headworks (influent filter
system) and sand filter system with disc filters, this project was a perfect fit for potential grant
funding and was nearly "shovel -ready". The City was notified in mid-2020 that the funding request
for $250,000 was approved by the State Legislature and Governor Ron DeSantis.
Upon notification of grant approval, City Staff worked with Florida Department of Environmental
Protection to develop a Grant Agreement and Work Plan for project implementation. The final Grant
Work Plan which summarizes future site activities is attached.
State Senator Tom Wright, representing the State Legislature, will be presenting a check to the City
in the amount of $250,000 for construction of the WRF improvements. Staff would like to give
special thanks to State Senators Tom Wright and Debbie Mayfield, State Representative Tyler Sirois,
and the City's Governmental Affairs Consultant, Jerry Sansom.
Submitting Department Director: Todd Morley Date: 09/23/2020
Attachment:
Grant Work Plan
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 09/23/2020
The City Manager recommends the City Council take the following action:
Accept presentation of check from State Senator Tom Wright.
Approved by City Manager: Todd Morley Date: 09/23/2020
ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Cape Canaveral Wastewater Plant Improvements
PROJECT LOCATION: The Project will be located in the City of Cape Canaveral (City) within Brevard
County; Lat/Long (28.392582, -80.617584). See Figures 1 and 2 for a location map and site plan.
PROJECT BACKGROUND: These proposed improvements are part of a two -phased approach to
upgrade the City's Water Reclamation Facility (WRF). Constructed in the 1960s and rehabbed in the mid-
1990s, many of the treatment components have exceeded their useful life. Newer and more efficient
technologies are now available that significantly improve the wastewater treatment process. The goal of
these improvements is to upgrade the treatment process so that WRF effluent (reclaimed water) contains
lower concentrations of nitrogen and phosphorous, thus (1) improving the quality of reclaimed water
available for irrigation to City residents and (2) reducing concentrations of nitrogen and phosphorous in
surface water runoff to the Banana River, part of the Indian River Lagoon system and an Outstanding
Florida Water.
The City entered into a Consent Order (OGC File No. 18-0196) with Florida Department of Environmental
Protection (FDEP) in 2018 due to several exceedances in nitrogen and phosphorous in the WRF effluent.
As part of the consent order, the City was required to complete a WRF Process Evaluation Report. The
report was completed in January 2019 by the City's consultant and included a number of proposed
improvements including:
• Perform increased influent sampling (two times per week);
• Perform increased effluent sampling (two times per week);
• Prepare, distribute and evaluate questionnaires to potential Significant Industrial Users (Ms);
• Clean fermentation, pre and post anoxic basins;
• Install nutrient probes and associated monitoring;
• Install variable speed drives on internal recycle pumps;
• Install IR flow meter, piping modifications, isolation plug valves and vault;
• Replace RAS flow meter;
• Install supplemental carbon system; and
• Replace influent screen system.
The report was subsequently approved by FDEP. All of the listed projects are either complete or in the
process of being completed with the exception of the Influent Screen Structure/Tertiary Filter
Improvements Project.
PROJECT DESCRIPTION: (1) Replacement of Pretreatment Structure: The initial project phase is to
replace the entire pre-treatment structure (headworks) of the WRF. The current headworks includes
mechanical and manual bar screens that frequently clog, impact downstream treatment equipment and
require extensive maintenance. Both screens have exceeded their useful life, are maintenance intensive and
allow debris into the waste stream thus impacting the downstream treatment process. The entire headworks
will be replaced with a high efficiency drum screen to remove debris entering the waste stream and
significantly reduce future maintenance costs.
DEP Agreement No. LPA0096, Attachment 3, Page 1 of 3
(2) Replacement of Sand Filters: The secondary project phase is to replace the entire sand filtration system.
The filters are located downstream in the treatment process and filter out concentrations of nitrogen and
phosphorous. The sand filtration units have exceeded their useful life, are maintenance intensive and are
less efficient than newer technologies in the removal of nitrogen and phosphorous. The sand filters will be
replaced with high efficiency disc filters to provide advanced filtration of the waste stream.
Budget Information:
Estimated Total Cost for Improvements - $1,786,400
State Legislature Funds Approved - 250,000
The Project will be completed with state and City funds as shown above. The City contribution will be
through a State Revolving Fund (SRF) loan and sanitary sewer fees. This project is not a continuation of
an existing project.
TASKS:
#1: Bidding and Contractor Selection
Deliverables: The Grantee will prepare a bid package, publish a public notice, solicit bids, conduct pre -bid
meetings, and respond to bid questions in accordance with the Grantee's procurement process, to select one
or more qualified and licensed contractors to complete construction of the Influent Screen Structure/Tertiary
Filter Improvements.
Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid
package; and 3) a written notice of the selected contractor.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been completed as described above. Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement following
the conclusion of the task.
#2: Construction
Deliverables: The Grantee will construct the Influent Screen Structure/Tertiary Filter Improvements in
accordance with the construction contract documents.
Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as
provided in the Grantee's Certification of Payment Request; and 2) a signed Engineer's Certification of
Payment Request.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been completed as described above. Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than quarterly.
DEP Agreement No. LPA0096, Attachment 3, Page 2 of 3
PROJECT TIMELINE &BUDGET DETAIL:
The tasks must be completed by, and all documentation received by,the corresponding task end date. Cost
reimbursable grant funding must not exceed the budget amounts as indicated below.
Task Budget Grant Task Start Task End
No. Task Title Category Amount Date Date
1 Bidding and Contractor Contractual $1,000.00 09/01/2020 10/15/2020
Selection Services
2 Construction Contractual $249,000.00 11/15/2020 09/01/2021
Services
Total: $250,000.00
Note that,per Section 4 of the Agreement [or Section 8.h.of Attachment 1],authorization for continuation
and completion of work and any associated payments may be rescinded,with proper notice,at the discretion
of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date
carries the risk that funds for this project may become unavailable in the future. This should be a
consideration for the Grantee with this and future requests for extension.
Note: The budget for this project is estimated and subject to change as the project progresses. A change
order or amendment is expected to reallocate the budget.
DEP Agreement No. LPA0096,Attachment 3,Page 3 of 3
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Presentations/Interviews
Subject: Interview Applicant for appointment to the Culture and Leisure Services Board. (Anthony
J. Divito)
Department: Leisure Services/ Cultural + Community Affairs
Summary: On October 1, 2020, a vacancy opened up on the City's Culture and Leisure Services
(CLS) Board, due to a member terming out.
At its October 1, 2020 Meeting, the CLS Board interviewed and recommended applicant Anthony J.
Divito (Attachment 1) to fill the vacancy on the Board.
Mr. Divito is a resident of Cape Canaveral and meets all eligibility criteria established in City Code.
His background/experience is relevant to CLS Board duties and based on his interview/interest in
the City of Cape Canaveral CLS Board, the Board recommends he be appointed by the City Council
(Attachment 2).
Submitting Department Directors: Gustavo Vergara
+ Molly Thomas Date: 10/08/2020
Attachments:
1. Board Application
2. CLS Board Recommendation Memo
Financial Impact: Staff time and effort to complete the Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/07/2020
The City Manager recommends the City Council take the following action:
Interview Applicant Anthony J. Divito.
Approved by City Manager: Todd Morley Date: 10/08/2020
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. GENERAL
1. Applicant Name:Anthony J. Divito (Tony)
2. Home Address: 8416 Canaveral Blvd Unit C-101 CC 32920
3. Home and Cellular Telephone: 321 355 8446
4. Occupation:Retired
5. Business Telephone: NA
6. Business Address: NA
7. E-Mail: ajdiv001@gmail.com
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to serve
on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County?
(Y) ✓ (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) ✓ (N)
3a. Are you a Business owner: (Y) (N) ✓
3b. If yes to 3a, please list the name: N/A
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N) ✓
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N) ✓
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) ✓ (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) ✓
initials
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:
Community Involvement As I Am Retired
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. Board of Adjustment*
b. Business and Economic Development Board
c. Code Enforcement Board*
d. 1 Community Appearance Board
e. Construction Board of Adjustment and Appeals*
f. 3 Culture and Leisure Services Board
g. 2 Library Board
h. Planning and Zoning Board*
Other:
*Members of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
N/A
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
N/A
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State
disclosing race, gender, and physical disabilities of board and committee members. Please check the
appropriate boxes:
Page 2 of 3
RACE
African -American
Asian -American
Hispanic -American
Native -American
✓ Caucasian
Not Known
GENDER
✓ Male
Female
Not Known
DISABILITY
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY
ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 221.
Signature:
Date: 8/14/2018
Please return to:
City Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received: 8/14/18 MG
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Attachment 2
City of Cape Canaveral Leisure Services
7300 North Atlantic Avenue
P.O. Box 326
Cape Canaveral, FL 32920
321-868-1226
Memo
TO: Cape Canaveral City Council
VIA: Todd Morley, City Manager
FROM: Gustavo Vergara, Leisure Services Director
DATE: October 2, 2020
RE: Recommendation to the City Council — Culture and Leisure Services Advisory
Board Applicant Anthony (Tony) J. Divito
At the October 1, 2020 Culture and Leisure Services Advisory Board meeting, the Board
interviewed Anthony (Tony) J. Divito to fill a vacancy. Based on Mr. Divito's background and
experience, the Board unanimously recommended the vacancy be filled by Mr. Divito.
Please let me know if you have any questions. Thank you.
Item No. 1 DRAFT
CAPE CANAVERAL CITY COUNCIL
SPECIAL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
HYBRID MEETING via GoToWebinar
Thursday
September 3, 2020
5:01 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:01 P.M. and read a statement
regarding virtual participation. Mayor Pro Tem Brown 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:
City Manager Todd Morley
City Attorney Anthony Garganese (arrived 5:24 P.M.)
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community + Economic Development Director David Dickey
Cultural + Community Affairs Director/Organizer Molly Thomas
HR/Risk Management Dir. & EOT Incident Commander Melinda Huser
Leisure Services Director Gustavo Vergara
Public Works Services Director James Moore
Community Affairs Manager Stephanie Johnson
Brevard County Sheriff's Office Commander Andrew Walters
Brevard County Sheriff's Office Lieutenant Ross Torquato
Canaveral Fire Rescue Chief Dave Sargeant
Canaveral Fire Rescue Deputy Chief Christopher Quinn
PUBLIC PARTICIPATION: None.
AGENDA ITEMS:
1. Resolution No. 2020-18; adopting a Tentative Millage Rate for the levy of Ad Valorem
Taxes for Fiscal Year 2020/21 on all taxable property located within the City of Cape Canaveral,
Brevard County, Florida; providing for an effective date: Mayor Hoog read the title into the record.
City Manager Morley reviewed the Item. Discussion ensued and included pros and cons regarding
lowering the Millage Rate, City Budget reserves and contingency, the City having one of the lowest
tax rates in Brevard County, Strategic Planning Retreat, changing Budget Workshop schedules,
uncertainty regarding the Pandemic's effects on the economy, area municipalities making cuts to
their budgets, safety, sidewalks and greenspaces versus spending on large City projects already
underway and Community Redevelopment Agency funding for small improvements.
City of Cape Canaveral, Florida DRAFT
City Council Special Meeting — Hybrid
September 3, 2020
Page 2 of 2
Administrative/Financial Services Director DeLeo recommended keeping the Millage at the
rollback rate and advised caution due to potential impacts to the City Budget from hurricanes, the
COVID-19 virus or overruns in costs for projects. City Manager Morley indicated the proposed
Budget prepared by Staff can address anticipated expenditures, cautioning that, to delay or
postpone projects now will introduce additional costs later. Discussion continued regarding the
need for confidence in Staff, to keep moving forward and not spending budgeted travel and per
diem funds. Mayor Hoog opened public comment. There being none, public comment was closed.
Discussion ensued and included the current fiscal year and proposed tentative millage rates, a
proposed Millage Rate reduction to 3.6350, which in turn reduces the Proposed Budget by
approximately $23,000, ad valorem tax impacts to property and business owners, business owners
versus renters and the Council's work to help the community with fee reductions during the
Pandemic. A motion was made by Council Member Morrison, seconded by Council Member
Kellum, to reduce the Millage Rate to 3.6350 for Resolution No. 2020-18. Motion failed 2-3
with Mayor Pro Tem Brown, Mayor Hoog and Council Member Raymond voting against.
Mayor Hoog called for another motion. A motion was made by Council Member Raymond,
seconded by Mayor Pro Tem Brown, to adopt the Millage Rate of 3.6396 as written in
Resolution No. 2020-18. Motion carried 3-2 with Council Member Kellum and Council
Member Morrison voting against.
2. Ordinance No. 04-2020; adopting the Annual General Fund, Wastewater Enterprise Fund,
Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds
and Agency Fund Budgets for the Fiscal Year beginning October 1, 2020, and ending September
30, 2021; providing for an effective date, first reading: City Attorney Garganese read the title into
the record. Discussion ensued and included the Multi -Generational Facility (MGF) and the Culture,
Arts, Preservation + Enrichment (CAPE) Center Projects, scaling down the MGF, desires for finished
sidewalks and more greenspace in the City, importance of a place to gather for citizens, delays
increasing construction costs, the need to provide structure and activities for youths and seniors,
concerns over the health, safety and security of the City, Request for Qualifications bid process,
concern over increases in original approved costs, data from the City Survey regarding fitness
opportunities, safety and dissatisfaction with State Road A1A in the City, allocating funds to the
Florida Department of Transportation in hopes of making safety improvements to State Road A1A
and the City visioning. A motion was made by Council Member Raymond, seconded by Mayor
Pro Tem Brown, to approve Ordinance No. 04-2020, at first reading. The Public Hearing was
opened. There being no comments, the Public Hearing was closed. The motion carried 3-2 with
Council Member Kellum and Council Member Morrison voting against.
Council Member Morrison announced that September is Suicide Prevention Month and called for
awareness and support for the cause.
ADJOURNMENT: There being no further business, the Meeting adjourned at 6:49 P.M.
Mia Goforth, City Clerk
Bob Hoog, Mayor
DRAFT
CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
September 15, 2020
6:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. Mayor Pro Tem Brown led
the Pledge of Allegiance. Mayor Hoog read a statement regarding virtual participation.
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:
City Manager Todd Morley
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community and Economic Development Director David Dickey
Cultural and Community Affairs Director Molly Thomas
Leisure Services Director Gustavo Vergara
Public Works Services Director Jim Moore
HR/Risk Management Director Melinda Huser
Accountant Jenny Coldiron
Deputy City Clerk Daniel LeFever
Brevard County Sheriff's Office Commander Andrew Walters
Canaveral Fire Rescue Chief Dave Sargeant
PUBLIC PARTICIPATION: City Clerk Goforth read four (4) emails (attached), regarding short-
term vacation rental issues in the City. Discussion ensued and included challenges of enforcement
due to State rules and regulations versus local legislation, a company Staff is researching which
provides an interactive portal for the community and assists Staff with enforcement and
monitoring of violations and compliance, criminal nuisance abatement, the high percentage of
vacation rental units not owned by citizens living in the City and the burden placed upon City Staff
and the Brevard County Sheriff's Office to respond to complaints and compliance. Rhonda
Breininger, resident and short-term vacation rental owner, shared opinions and experiences as a
manager of these properties and reported harassment received from some renters in the City.
CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion.
Council Member Morrison removed Items 4, 7 and 9.
City of Cape Canaveral, Florida DRAFT
City Council Meeting — Hybrid
September 15, 2020
Page 2 of 5
1. Approve Minutes for August 18, 2020 Budget Workshop and Regular Meeting.
2. Resolution No. 2020-19; authorizing an addendum to the Agreement for Municipal Law
Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff
of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and
an effective date.
3. Resolution No. 2020-20; authorizing an addendum to the Contract for fire protection
and emergency medical services between the City of Cape Canaveral, Florida and the Cape
Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent
resolutions, severability and an effective date.
4. Resolution No. 2020-21: due to the economic uncertainty associated with the COVID-19
Pandemic Emergency, temporarily modifying the payment terms for City impact fees to be
made payable no later than the time of issuance of a Certificate of Occupancy; providing for
the repeal of prior inconsistent resolutions, severability and an effective date.
5. Resolution No. 2020-23; reappointing members to the Board of Adjustment of the City
of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and
an effective date. (Linda M. Brown and Joe Elliott)
6. Resolution No. 2020-24; due to the economic uncertainty associated with the COVID-
19 Pandemic Emergency, amending the effective date of Resolution No. 2020-01 amending
Appendix B, Schedule of Fees of the City Code related to Chapter 82 Building Permits and
Chapter 22 Community Appearance Board Applications; providing for the repeal of prior
inconsistent resolutions, severability and an effective date.
7. Approve City of Cape Canaveral Piggyback Agreement for Professional Building
Department Services with Joe Payne, Inc., and authorize the Mayor to execute same.
8. Appoint City Planner Brenda Defoe-Surprenant as the City's voting representative on
the Space Coast Transportation Planning Organization's Technical Advisory Committee for the
remainder of 2020.
9. Approve Construction Manager At Risk (CMAR) Construction Agreement for the
construction of site and building improvements for the City of Cape Canaveral Multi -
Generational Facility (MGF) and remodel of the former City Hall building to become the City of
Cape Canaveral Culture, Arts, Preservation + Enrichment (CAPE) Center to W+J Construction
Corp., in the amount of $7,998,193 and authorize City Manager and City Attorney to complete
the agreement with the Contractor and execute the Agreement on the City's behalf.
A motion was made by Council Member Morrison, seconded by Council Member Raymond,
to pass Consent Agenda Items 1, 2, 3, 5, 6 and 8. The motion carried 5-0.
4. Discussion ensued and included desire for Staff to research whether other municipalities
require payment of impact fees upfront, support for the Resolution as written and bringing the
measure back to Council to make it permanent. Council reached consensus for Staff to conduct
research regarding timing and collection of impact fees in municipalities throughout Brevard
City of Cape Canaveral, Florida DRAFT
City Council Meeting — Hybrid
September 15, 2020
Page 3 of 5
County. A motion was made by Council Member Morrison, seconded by Council Member
Raymond, to adopt Resolution No. 2020-21. The motion carried 5-0.
7. Discussion ensued and included hourly versus daily rates within the contract Agreement,
striking language under Section 6.1 Price beginning after "(69.50)" and the Contractor's approval
to do so. A motion was made by Council Member Morrison, seconded by Council Member
Kellum, to approve Item 7, as amended. Motion carried 5-0.
9. Discussion ensued and included reasons why the Item should not have been placed under
the Consent Agenda, the Project process, increase in costs related to original projected cost
estimates, the City's Visioning supports the Project, support for approving the Item versus
bringing it back later, impacts to next year's City Budget, reducing the footprint of the Multi -
Generational Facility to cut costs, confidence in Staff, the success of the Fire Station and City Hall
Projects and how change orders are processed. John C. Zwick, Architects RZK, Inc., provided
Council with information regarding Construction Management At Risk process, general
competitive bid processes and answered questions. Discussion ensued. Eric Costin, W+J
Construction, confirmed Mr. Zwick had delivered the guaranteed maximum price, all parties
worked hard to avoid change orders and the company is ready to move forward. Rhonda
Breininger, resident, inquired about funding and shared opinions regarding skate parks. Roger
Bing, resident, suggested funds could be used to help businesses or street beautification projects
and expressed concerns over the timing, costs and transparency of the process up to this point.
Mayor Hoog suggested Mr. Bing speak with Leisure Services Director Vergara; City Manager
Morley stated Project Plans are available on the City website. Katrina Freeman, resident and
representative for residents at Sand Pebbles Condominium, expressed concerns over costs and
debt related to the Project, residents feeling excluded from planning the Multi -Generational
Facility and use of the Project parking. Leisure Services Director Vergara confirmed additional Staff
will be hired to run the Facility. Joel Fair, resident, expressed support for the Project, thanked
Council for making an investment in the community and giving youth and seniors a place to go.
Administrative/Financial Services Director DeLeo confirmed the funding covers the Project with
no remaining debt and City finances are solid. Discussion continued regarding potential uses and
benefits of the Multi -Generational Facility. Mayor Hoog inquired if online attendees were ready
to speak. Chris Cloney, resident, expressed concerns regarding the Agenda Item language and
typos. Andrea Shea -King, resident, inquired how Staff reached the recommendation being offered
in the Agenda Item. Mr. Zwick explained the Request for Qualifications process. Suzanne Eliot,
resident, requested Council give more consideration to the Item due to the current pandemic
situation and suggested more attention be paid to State Road A1A. Discussion continued and
included delays in the Project, the desire for a pool, with what to replace the skate park, impact of
the exfiltration system for stormwater, recreational programming such as Pickle Ball, the Silver
Sneakers Program, multi -purpose and banquet rooms within the Facility, sports and Little League
Baseball programming. A motion was made by Mayor Pro Tem Brown, seconded by Council
Member Raymond, to approve the Construction Manager At Risk Construction Agreement,
Item 9 Motion carried 3-2, with Council Members Kellum and Morrison voting against.
PUBLIC HEARINGS
10. Ordinance No. 03-2020; amending Sections 2-57 and 2-58 regarding scheduling Council
Meetings; providing a conforming amendment to Section 18-1 related to the definition of Civil
City of Cape Canaveral, Florida DRAFT
City Council Meeting — Hybrid
September 15, 2020
Page 4 of 5
Emergencies; 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. Discussion ensued and included conducting virtual
meetings while under an Emergency Declaration, concern over draft language under Sec. 2-57
(a)(2), the Florida Sunshine Law related to Council Members contacting each other and potential
need to exclude Staff when calling or scheduling special meetings. City Attorney Garganese
confirmed he and Council Member Morrison discussed the Item, Ordinance No. 03-2020
establishes rules the governing body to schedule meetings, it does not address the Sunshine Law
and recommended the safest course of action to contact the City Clerk's Office or City Manager
to schedule meetings. Discussion continued. A motion was made by Council Member
Morrison, seconded by Council Member Kellum, to approve Ordinance No. 03-2020, as
written, at first reading. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. The Motion carried 5-0.
11a. Resolution No. 2020-22; adopting a Final Millage Rate for the levy of Ad Valorem Taxes
for Fiscal Year 2020/2021 on all taxable property located within the City of Cape Canaveral,
Brevard County, Florida; providing for an effective date: City Attorney Garganese read the title
into the record. Mayor Hoog summarized the Item. Discussion ensued and included a tax decrease
and how the City went below the roll -back rate in the previous Fiscal Year. 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 Resolution No. 2020-22,
as written. The motion carried 4-1, with Council Member Morrison voting against.
11b. Ordinance No. 04-2020; adopting the Annual General Fund, Wastewater Enterprise
Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital
Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2020, and
ending September 30, 2021; providing for an effective date, second reading: City Attorney
Garganese read the title into the record. Discussion ensued and included the Multi -Generational
Facility and estimated annual and maintenance costs. The Public Hearing was opened. There being
no comment, the Public Hearing was closed. A motion was made by Council Member
Raymond, seconded by Mayor Pro Tem Brown, to adopt Ordinance No. 04-2020, as written,
at second reading. The motion carried 3-2, with Council Members Kellum and Morrison
voting against.
ITEMS FOR DISCUSSION
12. Discussion under Florida Sunshine Law and the City Ordinances (Code of Conduct)
Section 2-172, Section 2.07 and Section 2.09 applied to City Council Member Angela Raymond's
performance at the May 8, 2020 Special City Council Meeting and the May 16, 2020 Regular
City Council Meeting. (Submitted by Council Member Morrison): Discussion ensued and
included why the Item is being discussed again, process improvements, Council Code of Conduct
enforcement and accountability, behavior of other Council Members during public meetings and
political motivation, the idea of creating an oversight board and current problems filling Advisory
Boards. A motion was made by Council Member Morrison, seconded by Council Member
Kellum, that Council seek out a third party chosen by Staff to come back with a
recommendation on an entity to do an investigation, on whether or not Council Member
Raymond's actions during the May 8, 2020 Special City Council Meeting were in violation
City of Cape Canaveral, Florida DRAFT
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September 15, 2020
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of the Council Code of Conduct and to confirm Council Member Raymond's denial of talking
to someone during that meeting is true or false. The motion failed 3-2, with Mayor Hoog,
Mayor Pro Tem Brown and Council Member Raymond voting against.
13. Parking Space Minimum Widths and Spaces (Submitted by Council Member Morrison):
Discussion ensued and included studying other municipalities parking minimums, excessive
parking at some establishments in the City, protecting the Lagoons, using the reduction in space
widths to increase green space, green parking, stormwater drainage, leaving the decision on uses
up to property owner and pros and cons on how businesses might use the measure.
14. Discussion on City of Cape Canaveral Reclaimed Water Policy (Submitted by Council
Member Morrison): Discussion ensued and included the need for a process to disconnect
reclaimed water and directing Staff to review and improve the current policy.
Administrative/Financial Services Director DeLeo indicated Staff will work with the City of Cocoa
to insert a note within customer water utility bills.
REPORTS:
Council Member Kellum suggested Council discuss and investigate making the City golf -cart
friendly. Discussion ensued and included pros and cons of such a measure. City Attorney
Garganese stated the City Council could authorize golf -cart operation on specific roads subject to
uniform traffic laws. Commander Walters indicated he could not support the measure. Discussion
continued regarding issues related to electric and motorized vehicles. Council Member Kellum
discussed attending the Space Coast Transportation Planning Organization meeting and
mentioned the Florida Department of Highway Transportation plans to widen State Road 528.
Council Member Morrison indicated matching funds towards improvements to State Road A1A in
the City are welcomed by the State and thanked City Manager Morley for efforts related to having
representatives from the Florida Department of Highway Transportation and the Space
Coast Transportation Planning Organization address the Council.
Council Member Raymond attended the Space Coast League of Cities Meeting and expressed
desire to see someone from the City receive the annual Scholarship one day.
City Manager Morley announced the bike -sharing program in the City has ended and
the company, Zagster, has offered to donate the bikes to the City. City Attorney Garganese
explained Council needs to reach consensus or make a motion on whether the City wants to
accept that donation or not. Discussion ensued. A motion was made by Council
Member Morrison, seconded by Mayor Pro Tem Brown, to accept all donations from
Zagster, in as -is condition. The motion carried 5-0.
ADJOURNMENT: There being no further business, the Meeting was adjourned at 10:03 P.M.
Bob Hoog, Mayor
Mia Goforth, City Clerk
From: Robert Fika
To: City Clerk
Subject: Violations on Air BNB in Cape Canaveral
Date: Tuesday, September 8, 2020 10:55:30 AM
Please read my email at next Sept 15 meeting
My name is. Bob Fika. I own 346 Chandler Street. My wife and I have owned this property for approximately 18
years. We plan to retire here in 18 months. I'm a Florida born resident and love living in this community
3 years ago ,348 Chandler sold to a investor who lives in Gainesville. He has turned this townhouse into a nightmare
to live by. He Constantly violates codes for short term Rentals. I have provided a huge amount of information to a
code enforcement employee. Nothing has happened to change the situation
Since this has started , the same investor has purchased 2 more short term properties in Cape Canaveral. In my block
alone there are at least 5 now. I'm not stating they are all in violation of codes. But I'm sure if you would look into
this. You would find a huge eye opening as to how much you are missing. I will gladly provide all my emails if you
wish to see them. Also you can contact sheriff department and pull all the times they have been out on neighbors
property.
My wife and I are so tired of this that we are talking of moving out of This community as we haven't seen anybody
addressing the issues.
I would gladly meet with anyone willing to listen. I will be willing to join a committee to help also.
Please let me know your thoughts.
Thank you
Bob Fika
Sent from my iPhone
Florida has a very broad public records law. As a result, any written communication created or received by the City
of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless
otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address
released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office
by phone or in writing.
From: Jo Sojourner
To: City Clerk
Subject: To be read at September 15 2020 City Council meeting
Date: Tuesday, September 8, 2020 5:55:29 PM
Dear Mayor, City Manager, City Attorney and Council
members:
I am writing to express my concerns about the Airbnb and VRBO vacation rentals in our
City, that is out of control. There are over 300 of these rentals in our City. I was advised by
Code Enforcement that these rentals are required to be for a minimum of seven days. If the
owners do not rent for seven days, there is a $500 fee for each night not rented. Code
Enforcement advised they do not have the manpower to keep up with these vacation rentals,
and rely on the residents to inform them. This is unacceptable!
I understand the City of Cape Canaveral imposed a seven consecutive day rental restriction on
residential vacation rentals and that durational restriction is not preempted by Florida law
because it was enacted by the City before June 1, 2011.
How are these vacation rentals able to list their properties on Airbnb and VRBO for less than
the seven day minimum? Who is monitoring this?
What information is provided by the City to these Vacation Rental Property Owners? Are
there any rules? Does the Vacation Rental Property Owners have a duty to convey rules
(regarding parking, noise, etc.) to their tenants? If so, what are they?
Why do the residents have to file complaints with Code Enforcement, numerous times, and
nothing is done by Code Enforcement?
Why do the residents have to call law enforcement for noise complaints from these tenants
during the hours of 10pm-6am? Why do residents have to call law enforcement because the
tenants are blocking sidewalks?
What is Code Enforcement doing? Are they patrolling these vacation rentals at night and on
the weekends?
Why does the City have a law that is not enforced?
Respectfully,
Jo Sojourner
Florida has a very broad public records law. As a result, any written communication created or
received by the City of Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address released in response to a
public -records request, do not send electronic email to this entity. Instead, contact our office
by phone or in writing.
From: Gillian Franklin
To: City Clerk
Subject: Fw: Vacation Rentals
Date: Thursday, September 10, 2020 10:11:57 AM
Ms. Goforth, I am requesting this to be read in public comments at our next City Council
meeting September 15, 2020. Thank you.
Forwarded Message
From: Gillian Franklin <flfranklins@yahoo.com>
To: Jo Sojourner <josojourner@yahoo.com>; Tim County <tcounty608@gmail.com>; robert fika
<bob.fika@chadwellsupply.com>
Sent: Thursday, September 10, 2020, 10:01:35 AM EDT
Subject: Vacation Rentals
Please review before I send this to the City Clerk.
Members of the City Council,
I move here, like so many others, for the tranquil beach, the appeal of small town living and the relative
safety of our communities. This place is infectious, it's people are welcoming, it truly is a "hidden gem."
Over the years I have seen a positive trend, good people fixing up their properties, taking pride in their
neighborhoods and communities. As a result, it has become a desirable place to live and invest in.
Recently though, I have seen another trend. This trend however is not positive for our good citizens. It
is causing unrest and tension. It is causing dislike and outright hatred toward our fellow neighbors. All
this because of an explosion in vacation rentals in our city. There appears to be a blatant disregard for
following the law among some of these owners. Chiefly, not following occupancy standards, quiet hour
rules and length of stay ordinances. The good people of Cape Canaveral should not have to rely on the
Sheriffs Department to mitigate these problems. We also should not be relied on solely to turn these
offenders in for their violations.
This is why I am respectfully asking that the City take on a more pro -active position on this issue before
our good citizens grow frustrated and give up on our wonderful city. Let's show these owner's of vacation
rentals that there are consequences to their illegal actions and take back control of our "hidden gem."
Thank you,
David Franklin
Florida has a very broad public records law. As a result, any written communication created or
received by the City of Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address released in response to a
public -records request, do not send electronic email to this entity. Instead, contact our office
by phone or in writing.
From: TIM
To: City Clerk
Subject: City Council. Short term rentals
Date: Thursday, September 10, 2020 2:08:03 PM
I am writing to express my concerns with the proliferation of short term vacation rentals in
our city. My understanding is that there is a regulation requiring a minimum seven day rental.
Unfortunately this regulation has been ignored. Within the last year a home in my
neighborhood has been converted to a STR. The owner is charging $500 per night. This has
resulted in loud parties, cars blocking sidewalks and trash being blown around the
neighborhood. The vast majority of the rentals have been for less than seven days. I have on
multiple occasions watched children, senior citizens and others being forced into the street
because of blocked sidewalks. The Sheriff's office has been called many times about these
issues but they continue to happen.
The only way to persevere our city is to enforce the seven day rule. Also communication
between the sheriff's office and the city about citizen complaints of parties and parking issues
is a must. And STR owners should have to answer for their renters actions. If inspectional
services cannot handle the increased workload more personnel must be hired and paid for by
STR owners.
Thank you,
Tim County
Elbow Key Ct
Sent from XFINITY Connect Mobile App
Florida has a very broad public records law. As a result, any written communication created or
received by the City of Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address released in response to a
public -records request, do not send electronic email to this entity. Instead, contact our office
by phone or in writing.
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 2
Subject: Resolution No. 2020-25; adopting the Brevard County 2020 Local Hazard Mitigation
Strategy Multi -Jurisdictional Plan (Plan); supporting the County's pursuit of funding opportunities
for the Plan; supporting continued participation in the Plan; providing for repeal of prior
inconsistent resolutions, severability and an effective date.
Department: Capital Projects
Summary: The 2020 Local Hazard Mitigation Strategy Multi -Jurisdictional Plan (Plan) was prepared
in cooperation with all Brevard County municipalities and other stakeholders. These plans are
developed by governmental agencies to reduce or eliminate the risks associated with natural and
man-made disasters and are in accordance with the Disaster Mitigation Act (DMA) of 2000. DMA is
a mechanism for collaboration between state and local entities that encourages pre -disaster
planning, recognizes the need for mitigation and designates funding for projects through Federal
grant opportunities.
The Florida Division of Emergency Management Mitigation Planning Unit assists counties in the
update and review of the Plan. Without an approved Plan, a county will be unable to apply for many
Federal grants, and the Plan must be updated every five years to remain compliant. Staff
recommends the City Council accept and adopt this Plan for the following reasons:
• The City is vulnerable to the human and economic costs of natural, technological and
societal disasters;
• The City recognizes the importance of reducing or eliminating these vulnerabilities
for the overall good and welfare of the community;
• The City has been an active participant in the Brevard Prepares LMS Steering
Committee, which consists of representatives from the communities of Brevard
County that establish a comprehensive, coordinated planning process to eliminate
or decrease these vulnerabilities;
• City Staff have identified and justified a number of proposed projects and programs
needed to mitigate the vulnerabilities of the City to impacts of future disasters;
• The proposed projects and programs have been incorporated into the updated 2020
edition of the Plan that has been prepared and issued for consideration and
implementation by the communities of Brevard County;
• The Plan is in compliance with the local hazard mitigation requirements of §322 of
the Disaster Mitigation Act of 2000 (DMA2K) as implemented in 44 CFR, Part 201;
• Acceptance and adoption of the Plan is necessary in order to maintain eligibility for
future hazard mitigation project grant funding; and
• Acceptance and adoption obligates the Brevard County Board of County
Commissioners to pursue available funding opportunities for implementation of the
proposals designated therein.
There are numerous approved mitigation projects "ahead" of approved projects for the City; most
are Brevard County projects. Additionally, funds for mitigation projects are typically not available
until after major natural disasters; funding of approved mitigation projects can take many years and
only if funds are available. Due to this lack of funding, Brevard Prepares recommends that
City of Cape Canaveral
City Council Meeting — October 20, 2020
Agenda Item No. 2
Page 2 of 2
municipalities move forward with their proposed mitigation projects to limit any future impacts
from natural disasters.
Due to its length, the entire Plan has been placed on the City web page's Document Center, under
Human Resources & Risk Management. City Staff encourages the City Council and residents to visit
the web page and review the Plan. A copy of the Executive Summary of the Plan is included as
Attachment #1. Resolution No. 2020-25 is included as Attachment #2.
Submitting Department Director: Jeff Ratliff Date: 09/24/2020
Attachments:
#1 - Plan Executive Summary
#2 - Resolution No. 2020-25
Financial Impact: Staff time and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 09/23/2020
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2020-25.
Approved by City Manager: Todd Morley Date: 09/24/2020
Attachment #1
LMS Executive Summary
The Federal and State government requires that Brevard County have a Hazard
Mitigation Plan in compliance with the local hazard mitigation requirements of Section
322 of the Disaster Mitigation Act of 2000 as implemented in 44 CFR 201.6(b)-(d); and,
27P-22 Florida Administrative Code. In 1998, public and private sector interests of
Brevard County joined together as Brevard Prepares to pre -identify critical facilities and
projects and programs that could be done to help reduce the impacts of future disasters.
The projects and programs are called mitigation initiatives. Currently, the Brevard
Prepares Steering Committee hears new initiatives and guides the LMS process on an
annual basis. However, every 5 years the State reviews and approves the Strategy
using state and federal guidance documents. The Brevard Prepares Steering
Committee has undertaken a comprehensive planning process in conjunction with
Brevard County Emergency Management, culminating in the publication of this 2020
update of the Brevard County Local Mitigation Strategy.
The Brevard County Local Mitigation Strategy (LMS) provides the framework to reduce
identified hazards within the county with an objective of increasing the County's
resilience. The purpose of the LMS through its guiding body Brevard Prepares Steering
Committee is to decrease the vulnerability of the citizens, governments, businesses and
institutions of Brevard County, Florida, to the future human, economic and
environmental costs of natural, technological, and societal disasters. The Brevard
Prepares Steering Committee develops, monitors, and maintains the local strategy for
hazard mitigation which is intended to accomplish this purpose. The representatives of
the Brevard Prepares Steering Committee build and sustain a culture of preparedness
and mitigation-mindset that will make the County more socially, ecologically, and
economically resilient before, during, and after an incident. Resilience in our
communities depends on working together.
The LMS is a multi -jurisdictional hazard mitigation plan, and the planning effort has
been conducted through the coordinated, cooperative effort of local governments and
other organizations and agencies within Brevard County. The local governments include
the City of Cape Canaveral, the City of Cocoa, the City of Cocoa Beach, the Town of
Grant-Valkaria, the Town of lndialantic, the City of Indian Harbour Beach, the Town of
Malabar, the City of Melbourne, the Town of Melbourne Beach, the City of Palm Bay,
the Town of Palm Shores, the City of Rockledge, the City of Satellite Beach, the City of
Titusville, the City of West Melbourne and Brevard County.
Other key participant organizations and agencies involved with this project include
Waste Management, Canaveral Port Authority, St. John's River Water Management
District (SJRWMD), Harris Corporation, Florida Institute of Technology, and Brevard
Public Schools.
LMS Executive Summary
For this 2020 update, a new hazard and risk analysis was completed by Brevard County
Emergency Management in cooperation with partner jurisdictions. Brevard Prepares
Steering Committee worked to identify, justify and prioritize specific proposals for
projects and programs that will mitigate (avoid or minimize) these vulnerabilities in the
future. These proposed projects and programs are also referred to as Mitigation
Initiatives in this the LMS.
Other items besides the hazard descriptions. and the mitigation initiatives include:
• A description of the activities of local government and private organizations that
promote hazard mitigation; a description of the policies, ordinances or programs
that guide those activities; and any deficiencies in the policies, ordinances, and
programs with recommendations to correct those deficiencies.
• A description of the methods used to engage private sector participation.
• A statement of general mitigation goals
• A description of the procedures used by the Brevard Prepares Steering
Committee to review the LMS at regular intervals to ensure that it reflects current
conditions within the County.
• A hazard assessment to include, at the minimum, an evaluation of the
vulnerability of structures, infrastructure, special risk populations, environmental
resources and the economy to storm surge, high winds, flooding, wildfires and
any other hazard to which the community is susceptible.
• A statement of procedures used to set the order of priority for projects based on
project variables which shall include technical and financial feasibility.
• A list of approved projects in order of priority with estimated costs and associated
funding sources.
• A list of critical facilities that must remain operational during and after a disaster.
• A list of repetitive loss structures.
• Maps, in Geographical Information System (GIS) format, depicting hazard areas,
project locations, critical facilities and repetitive loss structures.
At the conclusion of each planning cycle (5 years), the updated LMS is submitted to the
Florida Division of Emergency Management (FDEM), who also has the authority to
review the document on behalf of the Federal Emergency Management Agency
(FEMA), for review in comparison to the requirements from the Local Mitigation Plan
Review Guide, revised by FEMA in October 2011. Once it is determined that this plan
adequately addresses these requirements and receives conditional approval; the plan is
then submitted to the participating jurisdictions for formal adoption and approval.
Adoption resolutions will be attached to the plan as Appendix VII. In accordance with
Federal practice, the participating local jurisdictions have one year from the date of
State approval of the plan to complete the formal adoption.
Attachment #2
RESOLUTION NO. 2020-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; ADOPTING THE BREVARD COUNTY 2020
LOCAL HAZARD MITIGATION STRATEGY MULTI -JURISDICTIONAL PLAN
(PLAN); SUPPORTING THE COUNTY'S PURSUIT OF FUNDING
OPPORTUNITIES FOR THE PLAN; SUPPORTING CONTINUED PARTICIPATION
IN THE PLAN; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is vulnerable to the human and economic costs of
natural, technological and societal disasters, and
WHEREAS, the City of Cape Canaveral recognizes the importance of reducing or
eliminating these vulnerabilities for the overall good and welfare of the community, and
WHEREAS, the Brevard County 2020 Local Hazard Mitigation Strategy Multi -Jurisdictional
Plan (Plan) was prepared in cooperation with all Brevard County municipalities and other
stakeholders to reduce or eliminate the risks associated with natural and man-made disasters; and
WHEREAS, the City of Cape Canaveral has been an active participant in the Brevard
Prepares LMS Steering Committee, which has established a comprehensive, coordinated planning
process to eliminate or decrease these vulnerabilities, and
WHEREAS, the City of Cape Canaveral's staff have identified and justified a number of
proposed projects and programs needed to mitigate the vulnerabilities of the City of Cape
Canaveral to the impacts of future disasters, and
WHEREAS, these proposed projects and programs have been incorporated into the
updated 2020 edition of the Plan that has been prepared and issued for consideration and
implementation by the communities of Brevard County; and
WHEREAS, the Plan is in compliance with the local hazard mitigation requirements of §322
of the Disaster Mitigation Act of 2000 (DMA2K) as implemented in 44 C.F.R., Part 201; and
WHEREAS, approval and adoption of the Plan is necessary in order to maintain eligibility
for future hazard mitigation project grant funding; and
WHEREAS, the City Council deems it is in the best interests of public health, safety and
welfare of the citizens of Cape Canaveral to accept and adopt the Plan.
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. Adoption of Brevard County 2020 Local Hazard Mitigation Strategy
Multi -Jurisdictional Plan. The City Council of the City of Cape Canaveral hereby approves and
adopts the Plan.
City of Cape Canaveral
Resolution No. 2020-25
Page 1 of 2
Section 3. Pursue Funding Opportunities. The agency personnel of the Brevard County
Board of County Commissioners are requested and instructed to pursue available funding
opportunities for implementation of the proposals designated in the Plan.
Section 4. Continued Participation. The City of Cape Canaveral will continue to
participate in Brevard Prepares to support the Plan.
Section 5. Encouragement of Others. The City Council of the City of Cape Canaveral will
further encourage other businesses, industries and community groups within Brevard County to
also participate in Brevard Prepares to support the Plan.
Section 6. 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 7. 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 8. 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 20th day of October, 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. 2020-25
Page 2 of 2
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 3
Subject: Resolution No. 2020-26; reappointing a member to the Business and Economic
Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions, severability and an effective date. (Jared Saft)
Department: City Clerk's Office
Summary: The term for Business and Economic Development Board Member Jared Saft will expire
November 1, 2020. Mr. Saft has served on the Board since June 20, 2017 and has expressed a desire
to continue serving for an additional three-year term. Consistent with §2-171(f), City Code, Mr. Saft
is eligible for reappointment as this would be his second -consecutive three-year term.
Following completion of this term, Mr. Saft may be eligible for reappointment to the Board for an
additional term, provided no other qualified applicant(s) submit application(s) seeking
appointment, consistent with §2-171(f), City Code.
It is now incumbent upon the City Council to reappoint a member to the Business and Economic
Development Board.
Submitting Department Director: Mia Goforth Date: 10/06/2020
Attachment:
Resolution No. 2020-26
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/06/2020
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2020-26.
Approved by City Manager: Todd Morley Date: 10/06/2020
RESOLUTION NO. 2020-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA; REAPPOINTING A MEMBER TO THE BUSINESS AND ECONOMIC
DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Section 22-27 established a Board known as the Business and Economic Development Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint Members to said Boards.
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. Reappointment to City Advisory Boards. Pursuant to Section 2-171(e) of the
Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the
following individual to the Business and Economic Development Board:
Jared Saft shall be reappointed to serve until November 1, 2023.
Following completion of this term, this appointee may be eligible for reappointment if no other
qualified applicants submit applications seeking appointment, consistent with the limitations set
forth in section 2-171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 20th day of October, 2020.
[Signature page follows]
City of Cape Canaveral
Resolution No. 2020-26
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. 2020-26
Page 2 of 2
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 4
Subject: Resolution No. 2020-27; temporarily reducing Commercial Recreational Franchise Fees
due to the COVID-19 Pandemic Emergency until the Emergency Declaration adopted by the City
Council pursuant to Resolution No. 2020-09 is terminated; providing for the repeal of prior
inconsistent resolutions, severability and an effective date.
Department: Leisure Services
Summary: At its April 21, 2020 Regular Meeting, the Council reached Consensus for City Staff to
present ideas related to the reduction of fees and regulations in an effort to assist
residents/businesses impacted by the COVI D-19 Pandemic Emergency and related economic issues.
This meeting resulted in Council approving the temporary reduction of certain fees. Since then, it
has come to Staff's attention that a temporary reduction of Commercial Recreational Franchise Fees
would provide an additional area of economic relief.
Currently the City has only one Commercial Recreational Franchise. The City entered into an
agreement (Attachment 1) with A1A Beach Rentals in September of 2014 for operation of
Kayak/Paddleboard eco-tours and equipment rentals out of Banana River Park. The yearly cost of
the Franchise Fee is $500. The owner of A1A Beach Rentals approached Staff about a possible
reduction of 50% ($250) of the annual franchise fee because the business was adversely affected
by the COVID-19 Pandemic.
A1A Beach Rentals' operation at Banana River Park has remained compliant with the City's
Commercial Recreational Franchise requirements as governed by City Code Section 54-6.
Staff recommends City Council approve Resolution No. 2020-27 (Attachment 2), which provides for
a temporary 50% reduction of Commercial Recreational Franchise Fees while the City is under the
COVID-19 Emergency Declaration.
Submitting Department Director: Gustavo Vergara Date: 10/09/2020
Attachments:
1. A1A Management LLC, Original Vendor Agreement
2. Resolution No. 2020-27
Financial Impact: $250 decrease in revenue to the General Fund; Staff time and effort to complete
the Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/09/2020
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2020-27.
Approved by City Manager: Todd Morley Date: 10/09/2020
Attachment 1
VENDOR AGREEMENT
THIS AGREEMENT is made this 16th day of September, 2014 ("Effective Date"), by and
between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose
address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and A1A MANAGEMENT LLC,
whose address is 6811 N. Atlantic Avenue, Suite C, Cape Canaveral, Florida, 32920 ("Vendor").
RECITALS:
WHEREAS, the Vendor desires to offer kayak and paddleboard eco tours, lessons and rentals
("Services") for the benefit of the public using the sand beach areas at Banana River Park within the
City's jurisdictional boundaries; and
WHEREAS, the City desires to allow the Vendor to offer such Services to the public under the
terms and conditions set forth in this Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good, diverse
and valuable considerations, the receipt and sufficiency all or which is hereby acknowledged, the parties
desiring to be legally bound do hereby agree as follows:
ARTICLE 1
GENERAL PROVISIONS
1.1 Engagement. The City hereby engages the Vendor and the Vendor agrees to perform the
Services outlined in EXHIBIT "A" for the stated fee arrangement. No prior or present agreements or
representations shall be binding upon any of the parties hereto unless incorporated in this Agreement.
1.2 Due Diligence. The Vendor acknowledges that he/she has conducted an investigation
prior to execution of this Agreement and satisfied himself/herself as to the conditions affecting the
Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary
insurance as set forth herein, and the steps necessary to complete the Services herein. The Vendor
warrants unto the City that he/she has the competence and abilities to carefully and faithfully complete the
Services set forth herein. The Vendor shall perform the Services with due and reasonable diligence
consistent with sound professional practices.
1.3 Consultants Competitive Negotiation Act Services. The Vendor warrants unto the City
that the services being performed pursuant to this Agreement do not constitute professional services as
defined by Section 287.055(2) (a), Florida Statutes.
ARTICLE 2
Page 1 of 7
PAYMENT TERMS
2.1 Payment Terms. Payment of $500 is due upon contract execution and at each annual
renewal period thereafter.
ARTICLE 3
GENERAL CONDITIONS OF SERVICES
3.1 Provision of Services is a Private Undertaking. With regard to any and all Services
performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the
contractual relationship between the City and the Vendor is such that the Vendor is not an agent of the
City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an
independent contractor between the City and the Vendor during or after the performance of the Services
under this Agreement.
3.2 Warranty of Services. The Vendor hereby warrants unto the City that he/she has
sufficient experience to properly complete the Services specified herein or as may be performed pursuant
to this Agreement. The Vendor shall comply with all laws, ordinances, rules and regulations in the
performance of the Services. The Vendor shall pay all taxes, fees and license fees required by law,
including but not limited to occupational fees and withholding taxes and assume all costs incident to the
Services, except as provided herein.
ARTICLE 4
SUBCONTRACTS; ASSIGNMENT
4.1 Assignment and Subcontracting. Unless otherwise specifically required by this
Agreement, the Vendor shall not assign, sublet or transfer any rights or Services under or interest in
(including, but without limitations, moneys that may become due) this Agreement without the written
consent of the City, except to the extent that any assignment, sublet, or transfer is mandated by law or the
effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written
consent to any assignment, no assignment shall release or discharge the assignor from any duty or
responsibility under this Agreement. Further, the Vendor shall not subcontract any portion or all of the
Services without the written consent of the City. Nothing under this Agreement shall be construed to give
any rights or benefits in this Agreement to anyone other than the City and the Vendor, and all duties and
responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the
City and the Vendor and not for the benefit of any other party.
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1 Governing Law; Venue. This Contract shall be governed by the law of the State of
Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that
the Agreement was consummated in Brevard County, and the site of the Services is Brevard County. If
any dispute concerning this Contract arises under Federal law, the venue shall be Orlando, Florida.
Page 2 of 7
5.2 Notices. All notices, demands, requests, instructions, approvals, and claims shall be in
writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an
individual authorized to receive mail for the below listed individuals, all to the following individuals at
the following locations:
TO THE CITY:
David L. Greene
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
(321) 868-1230 (Phone)
(321) 868-1248 (Fax)
TO THE VENDOR:
Attn: David Lane
A1A Management LLC
6811 N. Atlantic Avenue
Suite C
Cape Canaveral, FL 32920
Telephone: 321-505-7455
Fax:
Notice shall be deemed to have been given and received on the date the notice is physically received if
given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall be deemed to have
been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth
above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name
of the person to whom notice is to be given or the address at which notice is to be received.
5.3 Public Record. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Vendor related, directly
or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or
control of the City or the Vendor. Said record, document, computerized information and program, audio
or video tape, photograph or other writing of the Vendor is subject to the provisions of Chapter 119,
Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon
request by the City, the Vendor shall promptly supply copies of said public records to the City. All
books, cards, registers, receipts, documents and other papers in connection with this Agreement shall at
any and all reasonable times during the normal working hours of the Vendor be open and freely exhibited
to the City for the purpose of examination and/or audit.
5.4 Amendment of Agreement. Modifications or changes in this Agreement must be in
writing and executed by the parties bound to this Agreement.
Page 3 of 7
5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal,
unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from this
Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional word,
sentence or paragraph did not exist.
5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between the
parties hereto, the parties agree to bear their own costs and attorney's fees.
5.7 Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations or Agreements, either oral or
written, and all such matters shall be deemed merged into this Agreement.
5.8 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign
immunity under Section 768.28, Florida Statutes or other limitations imposed on the City's potential
liability under state or federal law. As such, Vendor agrees that the City shall not be liable under this
Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be
liable for any claim or judgment, or portion thereof, to any one person for more than two hundred
thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all
other claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00).
ARTICLE 6
PROTECTION OF PERSONS AND PROPERTY; INSURANCE
6.1 Worker's Compensation. Upon the effective date of this Agreement, Vendor shall
provide proof of worker's compensation insurance in the minimum amount required by law (if required).
6.2 General Liability. Insurance Requirements: Upon award, the Vendor shall be
required to obtain and furnish to the City, prior to the contract being effective, Certificates of Insurance
approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered
and licensed to do business in the State of Florida. The Vendor shall be required to name the City as an
additional named insured with the following minimum coverages:
a. Workers' Compensation: If applicable, shall be maintained by the Vendor for all employees
engaged in the work in accordance with the laws of the State of Florida. Employers liability
insurance shall be maintained by the Vendor at limits no less than the following:
$100,000 Each Accident
$100,000 Disease Each Employee
$500,000 Disease Aggregate
b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with
minimum limits not less than the following:
$1,000,000 Bodily Injury and Property Damage — each occurrence
$1,000,000 Personal and Advertising Injury — each occurrence
$2,000,000 General Aggregate
Page 4 of 7
$2,000,000 Products/Completed Operations Aggregated Limit
$ 5,000 Medical Payment
$ 100,000 Fire Damage Legal Liability
Coverage shall include contractual liability and Vendor's liability.
c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single
limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws
of the State of Florida, as to the ownership, maintenance and use of all owned, non -owned, leased
or hired vehicles.
(The above requirements may be reduced in the final contract at the City's sole discretion.)
6.3 Requirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The
insurance required by this Article shall include the liability and coverage provided herein, or as required
by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be
purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or
endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until
at least thirty (30) days' prior written notice has been given to the City and the Vendor by certified mail,
return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to
by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional
insured". The Vendor shall cause its insurance carriers to furnish insurance certificates specifying the
types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a
statement that no insurance under such policies shall be canceled without thirty (30) days' prior written
notice to the City in compliance with other provisions of this Agreement. For all Services performed
pursuant to this Agreement, the Vendor shall continuously maintain such insurance as required by
Sections 6.1, 6.2, and 6.3. In the event Vendor fails to maintain said insurance, City, at its option, may
elect to terminate this Agreement by written notice to Vendor.
6.4 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the
City and its employees, officers, and attorneys from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or
indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or
resulting from Vendor's performance of any Services provided pursuant to this Agreement.
The indemnification provided above shall obligate the Vendor to defend at his/her own expense or to
provide for such defense, at the option of the City, as the case may be, of any and all claims of liability
and all suits and actions of every name and description that may be brought against the City or its
employees, officers and attorneys which may result from the Services under this Agreement whether the
Services be performed by the Vendor or anyone directly or indirectly employed by them. In all events,
the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be
reasonable and subject to and included with this indemnification provided herein. This paragraph 6.4
shall survive termination of this Agreement.
Page 5 of 7
6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use that
degree of care and skill ordinarily exercised, under similar circumstances by reputable persons providing
the same or similar services.
ARTICLE 7
TERMINATION OF THE CONTRACT
7.1 Termination for Convenience by City. The City Council may terminate this
Agreement with thirty (30) days written notice to Vendor. Such termination shall be at City Council's
sole discretion.
7.2 Termination for Cause by City. Vendor acknowledges and agrees that if,
through any cause, the Vendor fails to fulfill in a timely and proper manner its obligations under
this Agreement, or if the Vendor shall violate any of the provisions of this Agreement, the City
Manager or City Manager's designee may upon written notice to the Vendor, terminate the right
of the Vendor to proceed under this Agreement, or with such part or parts of the Agreement as to
which there has been default, and may hold the Vendor liable for any damages caused to the City
by reason of such default and termination. In the event of such termination, the Vendor shall not
be relieved of liability to the City for damages sustained by the City by reason of any breach of
this Agreement by the vendor.
7.3 Termination by Vendor. With at least thirty (30) days written notice to the City,
Vendor may terminate this Agreement if the City fails to comply with the terms and conditions of this
Agreement.
7.4 Termination by Consent. This Agreement may be terminated by the mutual written
consent of both parties at any time, and without penalty.
7.5 Upon Termination. Upon termination of this Agreement, Vendor shall be entitled to no
additional compensation. Upon notice of termination, the Vendor shall cease all Services being provided
hereunder.
7.6 Waiver. Failure of the City to insist upon performance within any time period or upon a
proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to
perform on the part of the Vendor.
ARTICLE 8
TERM OF AGREEMENT
8.1 Term. The term of this Agreement shall commence on the Effective Date of this
Agreement and end on September 16, 2017, unless extended by mutual written agreement of the parties.
ARTICLE 9
CONFLICTS
9.1 Conflicts. In the event that a conflict arises as to the contents of Exhibit "A" and the
Agreement, the Agreement shall govern.
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of the
date first written above.
ATTEST:
Mia Goforth
Title: Deputy City Clerk
ATTEST:
Molly Thomas
Title: Sr. Secretary
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was before me this 29 day of Sept, 2014, by
David Lane, who executed the foregoing instrument and acknowleged
before me that he/she executed the same for the uses and purposes therein expressed and ___ who is
personally known to me or ___ who has produced FL DL as identification and who did take
an oath.
CITY:
CITY OF CAPE CANAVERAL, FLORIDA
David L. Greene
David L. Greene, City Manager
Date: 12/3/14
VENDOR:
A1A MANAGEMENT LLC
David Lane
Print Name: David Lane
Date: 9/29/2014
NOTARY PUBLIC
STATE OF FLORIDA
(NOTARY SEAL)
MOLLY ABIGAIL THOMAS
Commission # FF 118375
My Commission Expires
AprI1 30, 2018
Molly abaigail thomas
Notary Public Signature
Typed or Printed Notary Name:
Molly Abaigail Thomas
Page 7 of 7
Attachment 2
RESOLUTION NO. 2020-27
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA;
TEMPORARILY REDUCING COMMERCIAL RECREATIONAL FRANCHISE FEES
DUE TO THE COVID-19 PANDEMIC EMERGENCY UNTIL THE EMERGENCY
DECLARATION ADOPTED BY THE CITY COUNCIL PURSUANT TO RESOLUTION
NO. 2020-09 IS TERMINATED; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, this Resolution is adopted in accordance with the emergency powers vested
in the City of Cape Canaveral pursuant to Chapter 252, Florida Statutes, Chapter 18 of the City
Code and other applicable law (hereinafter referred to as "City's Emergency Powers"); and
WHEREAS, the City Council previously adopted Emergency Resolution No. 2020-09 in
response to the COVID-19 Pandemic Federal and State Emergency; and
WHEREAS, the City Council finds that the COVID-19 Pandemic Emergency has had a
negative economic impact on the world economy including the residents and businesses of Cape
Canaveral; and
WHEREAS, the City Council desires to exercise the City's Emergency Powers and
temporarily reduce certain City fees to afford economic relief to residents and businesses in the
City of Cape Canaveral as more specifically set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Temporary Reduction or Waiver of Certain City Fees. As specifically
stated in this Section, the following City fee is hereby temporary reduced until the COVID-19
Emergency Declaration adopted by the City Council pursuant to Resolution No. 2020-09 is
terminated:
1. Commercial Recreational Franchise fees shall be reduced by fifty percent
(50%).
City of Cape Canaveral
Resolution No. 2020-27
Page 1 of 2
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Council, or parts of resolutions in conflict herewith, are hereby
repealed to the extent of the conflict for the term of this Resolution.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this resolution.
Section 5. Effective Date. This Resolution shall take effect immediately upon
adoption by the City Council, and shall terminate upon the termination of the Declaration of
Emergency set forth in Resolution No. 2020-09.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting
duly assembled on the 20th day of October, 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. 2020-27
Page 2 of 2
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 5
Subject: Resolution No. 2020-28; appointing and reappointing members to the Culture and Leisure
Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions, severability and a retroactive effective date. (Anthony J. Divito and Marlene Woodside)
Department: City Clerk's Office
Summary: At its October 1, 2020 Meeting, the Culture and Leisure Services (CLS) Board interviewed
applicant Anthony J. Divito to fill a vacancy and voted to recommend Mr. Divito for appointment.
The term for CLS Board Member Marlene Woodside expired October 1, 2020. Ms. Woodside has
served on the Board since December 17, 2019, filling the remainder of a vacant term, and has
expressed a desire to continue serving a full, three-year term.
Following completion of these appointed terms, Mr. Divito and Ms. Woodside will be eligible for
reappointment to the CLS Board for one additional term each, consistent with the limitations set
forth in Section 2-171(f), City Code.
It is now incumbent upon City Council to appoint and reappoint members to the CLS Board.
Submitting Department Director: Mia Goforth Date: 10/08/2020
Attachment:
Resolution No. 2020-28
Financial Impact: Staff time and effort to complete the Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/07/2020
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2020-28.
Approved by City Manager: Todd Morley Date: 10/08/2020
RESOLUTION 2020-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA; APPOINTING AND REAPPOINTING MEMBERS TO THE CULTURE
AND LEISURE SERVICES BOARD OF THE CITY OF CAPE CANAVERAL;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY AND A RETROACTIVE EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section
54-26 established a Board known as the Culture and Leisure Services Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a member to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the
City Council of the City of Cape Canaveral hereby appoints the following individual to the Culture
and Leisure Services Board:
Anthony J. Divito shall be appointed, to serve until October 1, 2023.
Following completion of the first term, appointee shall be eligible for reappointment to the Culture
and Leisure Services Board for one additional term consistent with the limitations set forth in
Section 2-171(f), City Code.
Section 3. Reappointment. Pursuant to Section 2-171(e) of the Cape Canaveral City Code,
the City Council of the City of Cape Canaveral hereby reappoints the following individual to the
Culture and Leisure Services Board:
Marlene Woodside shall be reappointed, to serve until October 1, 2023.
Following completion of the first full term, appointee shall be eligible for reappointment to the
Culture and Leisure Services Board for one additional term consistent with the limitations set forth
in Section 2-171(f), City Code.
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
City of Cape Canaveral
Resolution No. 2020-28
Page 1 of 2
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 become retroactively effective on October 1,
2020
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 20th day of October, 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. 2020-28
Page 2 of 2
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 6
Subject: Award bid for construction of improvements to West Central Boulevard to Gibbs and
Register of Winter Garden, Florida in the revised bid amount of $1,651,816 and authorize City
Manager to execute Construction Agreement for same.
Department: Capital Projects
Summary: Staff invited qualified licensed contractors, in accordance with the City's Purchasing
Policy and Florida Statutes, to submit a bid for the construction of improvements to West Central
Boulevard from State Road A1A to Thurm Boulevard. Two bids were received on August 13, 2020
with Gibbs and Register submitting the low bid of $2,166,770. However, subsequent value
engineering conducted by Gibbs and Register and City Staff lowered the estimated project cost to
$1,651,816.
Project History: Staff conducted an in-house roadway inventory in 2015 to prioritize maintenance
requirements for all City -owned streets. Results of the inventory revealed that a majority of the
roadways on the western side of SR A1A were in poor condition with West Central Boulevard (from
SR A1A to Thurm Boulevard) in the worst condition of any City -owned roadway. The following issues
were noted during the inventory concerning West Central Boulevard:
• Extensive and long longitudinal and transverse cracking along entire roadway (>1/4 inch
with grass);
• Smaller areas of alligator cracking;
• Large areas of rutting/wear;
• Smaller areas of patching;
• Several sags;
• Uneven subsidence has made poor pavement edge with curbing;
• Curbing needs replacement — cracked and subsidence;
• Geotechnical cores revealed substandard and failing base materials; and
• Worst condition of all roads in City.
Selected portions of the 2015 Street Inventory Report are included as Attachment #2. West Central
Boulevard (planned streetscape) was scheduled to be repaired (i.e., reconstructed) during the
construction of a proposed Assisted Living Facility; however, as that facility has yet to be
constructed, the City is moving forward with streetscape improvements to the roadway. (Note: West
Central Boulevard west of State Road A1A is a privately -owned street. However, the City has an
easement for the entire 100' wide right-of-way to provide maintenance and infrastructure upgrades
[Attachment #1].)
Project Scope of Work: In general, the project scope of work includes the (1) complete
reconstruction of the roadway including base materials and (2) construction of streetscape
amenities from SR A1A to Thurm Boulevard. Specific construction tasks to be completed are listed
in Attachment #2. Extensive maintenance of traffic (MOT) will be required for this project; however,
at least one lane of traffic will remain open at all times. Due to some anticipated disruption to the
neighborhood, Staff and the selected contractor will conduct a pre -construction public meeting
with area residents.
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item No. 6
Page 2 of 2
Firm Selection Process: Staff advertised the bid on July 2, 2020 by posting (1) a legal ad in the
Florida Today newspaper, (2) a notice on the City web page and (3) bid information on Demandstar
(Internet bid service). A "Bid Submittal" notation was included, which stated the Contract would be
awarded pursuant to the requirements of applicable State and Federal laws and regulations. A
mandatory pre -bid meeting was then held on July 8, 2020 for prospective bidders.
Two contractors submitted sealed bids for the project which were publicly opened at City Hall on
August 13, 2020 (Attachment #3). Gibbs and Regsiter submitted the low bid of $2,166,770. However,
subsequent value engineering lowered the estimated project cost to $1,651,816 (Attachment #4).
A proposed Construction Agreement with Gibbs and Register is included as Attachment #5. A letter
from the City Engineer approving of the revised bid submittal is included as Attachment #6.
Submitting Department Director: Jeff Ratliff Date: 09/24/2020
Attachments:
#1 — Deed and Easements
#2 — 2015 Street Inventory Report
#3 — August 13, 2020 Bid Opening Minutes
#4 — Gibbs and Register Revised Quote
#5 — Construction Agreement
#6 — City Engineer's Letter
Financial Impact: $1,651,816 for construction of improvements to West Central Boulevard to
Gibbs and Register of Winter Garden, Florida funded by the Community Redevelopment Agency.
Staff time and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 09/24/2020
The City Manager recommends the City Council take the following action: Award bid for
construction of improvements to West Central Boulevard to Gibbs and Register of Winter Garden,
Florida in the revised bid amount of $1,651,816 and authorize City Manager to execute Construction
Agreement for same.
Approved by City Manager: Todd Morley Date: 09/24/2020
Attachment #1
DEED AND EASEMENTS
CEVESCO, INC., a corporation organized and existing under the laws
of the State of Delaware, and duly qualified to do business in the State
of Florida, party of the first part, does hereby grant, bargain and sell
to the City of Cape Canaveral, a municipal corporation, party of the
second part, whose post office address is105 PoIk Avenue, Cape Canaveral,
Florida 32920, for and in consideration of the sum of TEN
AND NO/100 DOLLARS ($10.00) and other good and valuable consideration in
hand paid by said party of the second part, receipt whereof is hereby
acknowledged, the following described land situate, lying and being in
the County of Brevard, State of Florida, to wit:
A portion of Section 15, Township 24 South, Range 37 East, City of
Cape Canaveral, Brevard County, Florida, move .particularly de-
scribed as follows:
Commence at the Southeast corner of said Section 15; thence
N89°27°20"W along the. South line of said Section for a distance of
781.10 feet; thence N00°32'40"E for a distance of 942.28 feet to a
point —on the Westerly right of way. line of State Raad A-1-A, a
100.00 foot right of way, thence S52°38'50"W along the centerline
of Tower Boulevard, a 60.00 foot undedicated right of way, for a
distance of 911.00 feet to the Point of Beginning; thence
S37°21'10"E for a distance of 5..00 feet; thence S52°38'50"W for a
distance of 10.00 feet; thence N37°21'10"W for a distance of 10.00
feet: thence N52°38'50"E for a distance of 10.00 feet; thence
S37°21'10"E for a distance of 5.00 feet to the Point of Beginning.
Containing 100.00 square feet.
This Deed is given to the City of Cape Canaveral for the purpose of
conveying title to a parcel of land on which has been constructed a
sewerage lift station, and should this use of said property be ever
discontinued or abandoned by the City of Cape Canaveral, title of the
land described above shall revert to Cevesco, Inc., its successors and
assigns.
EASEMENTS
CEVESCO, INC. also hereby grants, bargains and sells to the City of
Cape Canaveral, an assignable, non-exclusive easement for street
right-of-way and utility lines, including the right to construct,
emplace, maintain, inspect, operate,, protect, repair, and remove such
utilities over, under and across the following described lands situate,
lying and being.in Brevard County, Florida, to wit:
Return to:
This Instrument Prepared by
J. M. STARLING
CROFTON, HOLLAND,STARLING, P.A.
609 Palm Ave. P. O. Box 669 Titusville, Fla. 32780
REC FEE $13.00 REC'D PAYMENT AS
DOC ST $45 MODICATED FOR CLASS
INT TAX $ "O" INITANGIBLE & DOC
SER CHG $ STAMP TAXES SIGNED
REFUND $
Clerk Circuit Court Brevard Co. Florida,
PARCEL 1 Easement
A portion of. Section 15, Township 24 South, Range 37 East, City of
Cape Canveral, Bevard County, Florida, being a strip of land 60.00
feet -in width lying 30.00 feet on each side of the following
described centerline:
Commence at the Southeast corner of said Section;15; thence
N89°27'20"W along the South line of said Section for a distance of
781.10 feet; thence N00°32'40"E for a distance of 942.28 feet to a
point on the Westerly right of way, line of State Road A-1-A, a
100.00 foot right of way, the Point of Beginning; thence S
52°38'50"W for a distance of 958.13 feet to a point of curvature of
a curve to the right having a radius of 349.73 feet' thence
Southwesterly along the arc of .said curve thru a central angle of
37°53'50" for. a distance of 231.32 feet to a point of tangency;
thence N89°27'20"W for a distance of 158.78 feet to a polnt of
curvature Of curve to the right having a radius of 1043.56 feet;
thence Westerly along the arc of said curve thru a central angle of
27'06'26" for a distance of 493.72 feet to a point of tangency;
thence N62°20'54"W for a distance of 186.60 feet to a point of
curvature of a curve to the right having a radius of 1050.00 feet;
thence Northwesterly along the arc of said curve thru a central
angle of 61°30'00" for a distance of 1127.05 feet to a point of
tangency; thence N00°50'54"W for a distance of 321.05 feet to the
Point of Termination. Said 60.00 foot strip of land is bounded on
the East by the Westerly right of way of State Road A-1-A and on
the Northwest by the North right of way line of Central Boulevard,
an undedicated 100.00 foot right of way, being a line bearing
N89°27'20"W.
PARCEL 2 - Easement
A portion of Section 15, Township 24 South, Range 37 East, City of
Cape Canveral, Brevard County, Florida, being a strip of land
100.00 feet in width lying 50.00 feet on each side of the following
described centerline:
Commence at the Southeast corner of said Section 15; thence N
89°27'20"W along the South line of said Section for a distance of
1532.48 feet; thence NOO°32'40"E for a distance of 1907.62 feet to
a point on the Westerly right of way line of State Road A-1-A, a
100.00 foot right of way, the Point of Beginning; thence S
62°38'50"W for a distance of 378.00 feet to a point of curvature of
a curve to the right having a radius of 611.05 feet; thence
Southwesterly along the arc of said.curve thru a central angle of
27°53'50" for a distance of 297.52 feet to a point of tangency;
thence N89'27'20"W for a distance of 1007.77 feet to the Point of
Termination. Said.100.00 foot strip of land is bounded on the East
by the Westerly right of' way of State Road A-1-A and on the West by,
the Westerly right-of-way line of Tower Boulevard, an undedicated
60.00 foot right of way, being a line bearing N00°50'54"W.
The City of Cape Canaveral and its assigns shall utilize the
easements herein granted in such a manner that such use does not unduly
interfere with the use by others of the easement areas for purposes of
ingress and egress and other utilities.
IN WITNESS WHEREOF, the said party of the first part has caused
these presents to be signed in its name by its proper officer, and its
corporate seal to be affixed, the day and year above written.
CEVESCO, INC.
(CORPORATE SEAL)
By
George H. Firkins, Jr.
Vice President
STATE OF FLORIDA
COUNTY OF BREVARD'
I HEREBY CERTIFY that on this day personally appeared before me, an
officer authorized to administer oaths and take acknowledgments, George
H. Firkins, Jr., Vice-President-of-Cevesco, Inc., a Delaware corporation
duly qualified to do business in the State of Florida, and he-acknowl-
edged before me that he executed the foregoing Deed and Easements as
such officer on behalf of said corporation freely and voluntarily for
the purposes herein expressed, and that the seal affixed. hereto is the
true corporate seal of said corporation.
WITNESS my hand and official seal this 6th day of March,
1984.
Barbara J. Bradley
Notary Public
My Commission Expires
Notary Public, State of Florida
My Commission Expires Sept 6, 1987
OFF. REC.
2497
PAGE
2393
Attachment #2
Public Works Services
Memo
TO: David Greene
City Manager
VIA: Joyce Muse
PWS Director
FROM: Jeff Ratliff
PWS Deputy Director
DATE: September 15, 2015
RE: Street Inventory
Background Information. Prior to performing pavement inspections on all City -owned
streets, Staff researched several state Department of Transportation (DOT) websites to
find a comprehensive and well-defined pavement inspection method. A comprehensive
report was issued by the Washington State DOT (and others) and is entitled "Pavement
Surface Condition Field Rating Manual for Asphalt Pavements". This report lists 14
conditions that may be generally encountered in asphalt pavement and include the
following:
• Rutting and wear*;
• Alligator cracking*;
• Longitudinal cracking*;
• Non -wheel path longitudinal cracking;
• Transverse cracking*;
• Raveling and aging*;
• Flushing/bleeding*;
• Patching*;
• Original WSDOT patching;
• Corrugation and waves*;
• Sags and humps*;
• Block cracking;
• Pavement edge condition*; and
• Crack seal condition.
Several of the 14 conditions were determined to not be applicable to City -owned streets
and were thus eliminated from project documentation. The conditions that were
investigated are shown above with a "*".
The Washington State DOT method uses a simple inspection rating scale of Low,
Medium and High for each potential pavement condition. In this study of City -owned
streets, Low was assigned a value of 1.0, Medium was assigned a value of 2.0 and High
was assigned a value of 3.0. If a condition was not observed, it was assigned a value of
0.0. Values were then summarized and roads were assigned a general condition status
based on a 0 — 30 point scale as follows:
• 0 — 4.9: Good;
• 5 — 10: Fair;
• 10.1 — 20: Poor; and
• 20.1 — 30:
Field Activities. Pavement inspections of all City -owned streets were performed by City
Staff the weeks of August 31 and September 7. Each street was observed on two
occasions under dry conditions. Photographs of pavement conditions and measurements
of pavement cracking were collected.
Criticality. Staff also developed the concept of "criticality" for each street in order to
develop a priority listing of pavement/street repairs. A number of factors were used to
determine criticality including, but not limited to, the following:
• Volume of traffic (if known);
• Presence/absence of four-way stops and/or traffic lights;
• Zoning designation;
• Location within the City;
• Street orientation;
• Staff knowledge of street usage; and
• Redevelopment potential.
Street Mileage. A summary of the approximate total length of paved/unpaved streets in
the City is as follows:
• 21.8 miles of paved streets (includes SR A1A);
• 0.4 miles of unpaved streets (Holman Road and Oak Lane);
• 3.0 miles of streets with soon to be paved (North Atlantic Avenue) or state-owned
(SR A1A); and
• 18.8 miles of paved streets in some need of future repair.
Possible Street Treatments/Repairs. Staff recently met with representatives of
Pavement Technology, Inc. (PTI) to discuss possible treatments for the City's streets. PTI
is the contractor that treats the streets in the City of Cocoa Beach with a surficial
pavement product called Reclamite. Discussions with PTI revealed several possible
options to improve the streets in the City including the following:
• Reclamite — This is a surficial treatment primarily for recently installed asphalt.
Reclamite penetrates the surface and combines with the asphalt to reverse the
hardening process and at the same time seals the surface against the intrusion of
air and water. Reclamite should be applied on pavements no older than five years.
This is a short-term and surficial treatment; cost of $5,984 per lane mile.
• Full -depth reclamation (FDR) — Streets that show signs of significant asphalt
distress and substantial base failure often require FDR. In this process, the entire
asphaltic surface and underlying base (up to 12 inches deep) are pulverized and
injected with selected additives. Conventional paving is then performed in 2-3
days. This is a long-term and costly treatment; cost of $165,440 per lane mile.
• Micro Surfacing (Single and Double) — These processes are used as pavement
preservation techniques on streets that have started to show signs of cracking,
aging and oxidation. Additionally, by preparing the existing asphalt with crack
seal, reflective cracking and base failures can be reduced by eliminating surficial
moisture intrusion using an asphaltic slurry. This a short-term and surficial
treatment; cost is $13,376 per lane mile for single lift of slurry and $21,120 per
lane mile for double lift of slurry.
• Crack Seal — This method involves the application of a thick layer of polymer -
modified asphalt emulsion which is immediately followed by the application of
high quality aggregate. This is a short-term treatment; cost is $2,500 per lane
mile.
• Cold in -place recycling — This method is for significant street failures with thick
asphaltic surfaces. Existing asphalt material is recycled and injected with asphalt
emulsion to create a new "sub -asphalt". Conventional paving is then performed in
2-3 days. This is a long-term and costly treatment; cost is $211,200 per lane mile.
Summary of Results. A number of general pavement conditions were observed during
the field inspections including the following:
• The majority of streets located west of SR A1A are in worse condition than those
located east of SR A1A;
• The majority of streets located west of SR A1A exhibit some cracking greater
than 1/4 inch;
• The streets located east of SR A1A, which were most likely constructed at the
same time with the same materials and were milled/paved in 2005, all exhibit very
similar pavement conditions (i.e., longitudinal and transverse cracking);
• The intersections of the Presidential streets exhibit significantly more longitudinal
and transverse cracking than pavement outside of intersections;
• The streets located east of SR A1A exhibit maximum cracking of 1/4 inch;
• Longitudinal and transverse cracking were the majority of pavement conditions
observed in all streets;
• Cracking of asphalt was more prevalent adjacent to larger apartment parking lots;
• The majority of streets located east of SR A1A exhibited isolated sagging areas
over the location of sanitary sewer lines (i.e., in the middle of the street);
• The majority of concrete curbing is either cracked, has subsided in areas (poor
drainage) or is discolored;
• Numerous driveways in the right-of-way adjacent to street curbing have subsided
and will require repair if new curbing is constructed; and
• The beach end areas of streets exhibited slightly more longitudinal and transverse
cracking than other areas.
The streets with the highest cumulative scores (prioritized repairs) were as follows:
• West Central Boulevard (west of SR A1A) — 23.0;
• International Drive — 17.5;
• Lindsey Court — 15.0;
• Holman Road — 12.0;
• Coral Drive — 11.5; and
• Harbor Drive — 10.5.
Of the City's 18.8 miles which need some form of future repair, 4.6 miles currently rate
as "good", 11.9 miles currently rate as "fair", 1.9 miles currently rate as "poor" and 0.4
miles currently rate as "worst". Tables 1 and 2 present summaries of conditions,
summary scores and the recommended treatment method for each City -owned street.
Selected photographs and condition information for each street are shown in Attachment
No. 1. The Report from the Washington State DOT is included as Attachment No. 2.
Recommendations.
Based upon field observations conducted during this investigation, the following actions
are recommended:
• Several streets (rated "worst" and "poor") located west of SR A1A should be
treated by the proposed method prior to other streets;
• Streets not treated during the major paving event in 2005 should then be treated
with the proposed method; and
• Most streets will require treatment using FDR; and
• Several streets are currently in good condition and should be considered for
treatment with Reclamite.
Since the recommended treatment for most City -owned streets is FDR, it may not be
feasible to treat many streets during a single fiscal year. A significant amount of funds
will be required to treat all City -owned streets. However, streets will continue to
deteriorate due to anticipated truck traffic supporting redevelopment activities and
continued construction of capital improvement projects.
Table 2. Summary of Findings
SCORE I CRITICALITY I COMMENTS
West of SR A1A
West Central Blvd 23.0 High Roadway needs rebuilt including base material-John Pekar previously completed analysis of roadway-worst road in City.
Thurm Blvd 5.4 Medium No curbing/stormwater system for most of road-future streetscape project.Several sets of pavement-intersection in poor
condition.
Columbia Dr 1.4 Medium Somewhat unsightly appearance due to several paving operations-road in good condition.
Long Point Rd 9.5 Low Extensive pavement cracking with aging appearance.
International Dr 17.5 Medium Roadway to be relocated as part of SR A1A Streetscape Project-2nd worst road in City.
Center Street 3.0 Medium Roadway was paved after construction of Solana-on-the-River Condominiums-some areas of cracking and uplifting in
western end of road.
Holman Rd 12.0 Low Only eastern portion of roadway is paved-third worst road in City.
Banana River Dr 0.4 Low One small area of transverse cracking-road in good condition.
East of SR A1A
Harbor Dr/Coquina Lane 10.5 High Significant cracking with aging-waves present in isolated areas.
Coral Dr 11.5 High Significant cracking with aging-waves present in isolated areas-smaller areas need patching.
West/East Central Blvd 0.4 High Paved by County prior to turnover to City-road in good condition-should consider replacing curbing in areas.
Oak Lane NA Low Dirt road-frequent erosional issues(e.g.,ruts)-new construction at west end of road.
Circle Dr 5.0 Low Similar to Presidential streets-intersection in worse condition.
Surf Dr 3.0 Low Minor cracking-better condition than most Presidential streets.
Canaveral Bch Blvd 5.0 Medium Widespread cracking-similar to most Presidential streets.
Canaveral Blvd 5.0 Medium Widespread cracking-similar to most Presidential streets.
Chandler St 5.0 Low Widespread cracking-similar to most Presidential streets.
Caroline St 4.0 Medium Minor cracking-slightly better condition than most Presidential streets.
Rosalind Ave 6.0 High Extensive cracking-more cracking at intersections-similar to other N-S roads in Presidential streets area.
Ridgewood Ave 0.2 High Extremely minor cracking-road in good condition.
Long Point Road 2.0 Low Minor cracking-slightly better condition than most Presidential streets.
Church Lane 1.0 Low Minor cracking-slightly better condition than most Presidential streets.
Washington Ave 6.0 High Paved as part of a force main repair project-somewhat unsightly due to two sets of pavement.
Adams Ave 5.0 Low Widespread cracking-similar to most Presidential streets.
Jefferson Ave 5.4 Low widespread cracking-slightly worse than most Presidential streets.
Madison Ave 6.0 Medium Widespread cracking-similar to most Presidential streets.
Monroe Ave 5.0 Low Widespread cracking-similar to most Presidential streets.
Jackson Ave 5.0 Low Widespread cracking-similar to most Presidential streets.
Harrison Ave 5.4 Medium Widespread cracking-slightly more cracking than other Presidential streets.
Tyler Ave 5.4 Low Widespread cracking-slightly more cracking than other Presidential streets.
Polk Ave 5.0 Low Widespread cracking-similar to most Presidential streets.
Taylor Ave 4.6 Medium Widespread cracking-slightly better condition than most Presidential streets.
Fillmore Ave 5.4 Low Widespread cracking-slightly more cracking than most Presidential streets.
Pierce Ave 5.0 Low Widespread cracking-similar to most Presidential streets.
Buchanan Ave 5.0 Medium Widespread cracking-similar to most Presidential streets.
Lincoln Ave 5.4 Low Widespread cracking-slightly more cracking than other Presidential streets.
Johnson Ave 5.0 Low Widespread cracking-similar to most Presidential streets.
Poinsettia Ave 5.6 High N-S Presidential streets in worse shape than E-W-intersections extensively cracked.
Orange Ave 6.6 High N-S Presidential streets in worse shape than E-W-intersections extensively cracked.
Magnolia Ave 6.1 High N-S Presidential streets in worse shape than E-W-intersections extensively cracked.
Presidential/Aurora Court 5.0 Low Numerous drainage issues since road was paved-do not recommend repaving.
Lindsey Court 15.0 Low Worst street in NE portion of City-extensively cracked with potholes.
Attachment #3
CITY OF CAPE CANAVERAL
Request for Bids
WEST CENTRAL BOULEVARD STREETSCAPE
BID #2020-02
City of Cape Canaveral City Hall
East Entrance Porte Cochere
100 Polk Avenue
Cape Canaveral, Florida 32920
MINUTES
Thursday
August 13, 2020
2:05 P.M.
CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:05 P.M.
Others present:
Daniel LeFever, Deputy City Clerk
Brian Huffman, Gibbs & Register, Inc.
Mr. Ratliff proceeded to open the bids received and announced the results:
BID #2020-02 - WEST CENTRAL BOULEVARD STREETSCAPE:
Firm Location Bid Amount
SDV Services LLC Titusville, FL $2,649,233.00
Gibbs & Register, Inc. Winter Garden, FL $2,166,770.00
Capital Projects Director Ratliff stated the bids would be reviewed and adjourned the meeting at
2:06 P.M.
Daniel LeFever, Deputy City Clerk
Attachment #4
CITY OF CAPE CANAVERAL-WEST CENTRAL BOULEVARD IMPROVEMENTS
PROPOSED MODIFICATIONS TO BID#2020-02-GIBBS REGISTER,INC.-September 10,2020
ORIGINAL CONTRACTOR BID 08/13/2020 G&R PROPOSED MODIFICATIONS
ITEM I ODPI UNIT IEST QTY IUNIT PRICE I TOTAL PRICE _ I UNIT IEST QTY IUNIT PRICE I TOTAL PRICEI COMMENTS
PART A--GENERAL CONSTRUCTION OPERATIONS PART A--GENERAL CONSTRUCTION OPERATIONS
MOBILIZATION LS 1 200,000.00 200,000.00 LS 1 82,500.00 82,500.00 Revised item.
EROSION CONTROL LS 1 17,000.00 17,000.00 LS 1 10,000.00 10,000.00 Revised item.
M.O.T. LS 1 75,000.00 75,000.00 LS 1 18,000.00 18,000.00 Revised item. Assumed 1-way traffic method to be approved.
LAYOUT,AS-BUILT SURVEY LS 1 65,000.00 65,000.00 LS 1 30,000.00 30,000.00 Revised item.
SUBTOTAL PARTA 357,000.00 SUBTOTAL PARTA 140,500.00 Revised subtotal.
PART B--DEMOLITION PART B--DEMOLITION
SAW-CUT&REMOVE EXIST ASPH PAVEMENT SY 10,086 3.50 35,301.00 SY 10,086 3.50 35,301.00
SAW-CUT&REMOVE EXIST CONCRETE CURB LF 5,733 6.00 34,398.00 LF 5,733 6.00 34,398.00
SAW-CUT&REMOVE EXISTING SIDEWALK SY 570 7.00 3,990.00 SY 570 7.00 3,990.00
REMOVE EXISTING 24"RCP LF 83 20.00 1,660.00 LF 83 20.00 1,660.00
REMOVE EXISTING 24"X36"ERCP LF 16 20.00 320.00 LF 16 20.00 320.00
REMOVE EXISTING 18"RCP LF 135 20.00 2,700.00 LF 135 20.00 2,700.00
REMOVE EXISTING CONCRETE DRIVEWAY SY 96 7.00 672.00 SY 96 7.00 672.00
REMOVE EXISTING ASPHALT DRIVEWAY SY 153 5.00 765.00 SY 153 5.00 765.00
REMOVE EXISTING VALLEY GUTTER LF 110 6.00 660.00 LF 110 6.00 660.00
REMOVE EXISTING CATCH BASIN EA 5 550.00 2,750.00 EA j 5 550.00 2,750.00
ABANDON EXIST SANITARY MH IN-PLACE EA 4 1,100.00 4,400.00 EA 4 1,100.00 4,400.00
ABANDON EXIST SANITARY SEWER IN-PLACE LS 1 20,000.00 20,000.00 LS 1 20,000.00 20,000.001
REMOVE EXISTING PALM TREES LS 1 6,500.00 6,500.00 LS 1 6,500.00 6,500.001
SUBTOTAL PART B 114,116.00 SUBTOTAL PART B 114,116.00
PART C--PAVING,DRAINAGE&EARTHWORK PART C--PAVING,DRAINAGE&EARTHWORK
PROV,HAUL,PLACE,COMP&ROUGH GR FILL CY 5,240 15.00 78,600.00 LS 1 20,000.00_ 20,000.00 Changed to LS. Assumes onsite material is suitable&no import.
FINAL GRADING OF ROAD RIGHT-OF-WAY SY 18,610 1.50 27,915.00 SY 18,610 1.50 27,915.0
2"TYPE SP-12.5 ASPH CONCRETE(FINE MIX) SY 8,512 16.00 136,192.00 I SY 8,512 16.00 136,192.0(c
8"BASE COURSE WITH SURFACE PRIME SY 11,245 20.00 224,900.00 I SY 11,245 20.00 224,900.0G1
8"STABILIZED SUBGRADE SY 11,245 9.00 101,205.00 I SY J 11,245 9.00 101,205.0CI I
1Y"SP-12.5 ASPH CONC(FINE MIX)PEDWAY SY 1,331 17.00 22,627.00 SY 1,331 17.00 22,627.0C
8"BASE COURSE WITH PRIME(PEDWAY) SY 1,512 20.00 30,240.00 Deleted bid item.Replaced with 6"Base.
6"BASE COUn.St WI i H rHIME(PEDWAY) SY 1,512 14.00 21,168.00 Added bid item.
8"siarsulctU SUBGRADE(PEDWAY) I SY 1,512 11.00 16,632.00 Deleted bid item.Replaced Compacted Subgrade.
8"COMPACTED.scour ace freuWAY) SY 1,512 3.00 4,536.00 Added bid item.
Page 1 of 3
CITY OF CAPE CANAVERAL-WEST CENTRAL BOULEVARD IMPROVEMENTS
PROPOSED MODIFICATIONS TO BID#2020-02-GIBBS REGISTER,INC.-September 10,2020
I ORIGINAL CONTRACTOR BID 08/13/2020
ITEM I ODPI UNITIEST QTYIUNIT PRICEI TOTAL PRICE _UNITIEST QTYIUNIT PRICEI TOTAL PRICEG&RI PROPOSED MODIFICATIONS
COMMENTS
IPart C(continued) Part C(continued)
5'X 4"CONCRETE SIDEWALK SY 380 51.00 19,380.00 SY 380 51.00 19,380.00
6"CONCRETE DRIVEWAY SY 72 60.00 4,320.00 SY 72 60.00 4,320.00
12"STABILIZED SUBGRADE SY 950 14.00 13,300.00 SY 72 14.00 1,008.00 Revised anticipated quantity to match 6"driveway item.
DROP CURB LF 286 23.00 6,578.00 LF 286 23.00 6,578.00
MODIFIED TYPE"F"CURB LF 2,501 19.00 47,519.00 LF 2,501 19.00 47,519.00
TYPE"F"CURB LF 3,888 20.00 77,760.00 LF 3,888 20.00 77,760.00
HANDICAP RAMPS EA 16 950.00 15,200.00 EA 16 950.00 15,200.00
TRENCH DRAIN LF 27 350.00 9,450.00 LF 27 350.00 9,450.00
18"RCP STORM SEWER * LF 215 90.00 19,350.00 Deleted bid item. Replaced with HP Pipe.
18"STORM SEWER * LF 215 45.00 9,675.00 Added bid item using HP Pipe.
24"RCP STORM SEWER * LF 248 90.00 22,320.00 Deleted bid item. Replaced with HP Pipe.
24" STORM SEWER * LF 248 65.00 16,120.00 Added bid item using HP Pipe.
30"STORM SEWER * LF 26 110.00 2,860.00 Added bid item not in original bid.
ABANDON EXIST STM DRG-THURM(SOUTH) LS 1 8,500.00 8,500.00 LS 1 8,500.00 8,500.00
34"x53"ECP STORM SEWER * LF 339 225.00 76,275.00 Deleted bid item. Replaced with HP Pipe.
42" STORM SEWER * LF 339 115.00 38,985.00 Added bid item using HP Pipe.
38"x60"ECP STORM SEWER * LF 820 250.00 205,000.00 Deleted bid item. Replaced with HP Pipe.
48" STORM SEWER * LF 820 125.00 102,500.00 Added bid item using HP Pipe.
REM/REPL CONC.REINF.TOP ADD MH R&C LS 1 2,600.00 2,600.00 LS 1 2,600.00 2,600.00
15"RCP * EA 72 50.00 3,600.00 Deleted bid item. Replaced with HP Pipe.
15"STORM SEWER * LF 72 35.00 2,520.00 Added bid item using HP Pipe.
CLEAN OUT LF 15 500.00 7,500.00 LF 15 500.00 7,500.00
6"PERF SOCKED HDPE LF 3,198 25.00 79,950.00 LF 3,198 25.00 79,950.00
6"HDPE WITH FITTINGS(UD) EA 12 90.00 1,080.00 EA 12 90.00 1,080.00
TYPE"C"INLET * EA 6 3,500.00 21,000.00 EA 6 3,500.00 21,000.00
TYPE"C"INLET(WITH J BOTTOM) * EA 1 8,500.00 8,500.00 EA 1 8,500.00 8,500.00
JUNCTION BOX * LS 6 7,500.00 45,000.00 EA 6 7,500.00 45,000.00
SOLAR LIGHTING * EA 9 1.00 9.00 Deleted bid item.
INSTALL CITY PROVIDED SOLAR LIGHTS EA 9 2,500.00 22,500.00 Deleted bid item.
SIGNAGE AND PAVEMENT MARKING LS 1 30,000.00 30,000.00 LS 1 30,000.00 30,000.00
SUBTOTAL PART C 1,385,002.00 SUBTOTAL PART C 1,116,548.00 Revised subtotal.
Page 2 of 3
CITY OF CAPE CANAVERAL-WEST CENTRAL BOULEVARD IMPROVEMENTS
PROPOSED MODIFICATIONS TO BID#2020-02-GIBBS REGISTER,INC.-September 10,2020
ORIGINAL CONTRACTOR BID 08/13/2020 G&R PROPOSED MODIFICATIONS
ITEM ODP UNIT ESTQTY UNIT PRICE TOTAL PRICE _ UNIT EST QTY UNIT PRICE TOTAL PRICE COMMENTS
PART D--SANITARY SEWER SYSTEM PART D--SANITARY SEWER SYSTEM
4'DIA SAN.SEWER MANHOLE(6'-8'DEPTH) EA 3 6,000.00 18,000.00 EA 3 6,000.00 18,000.00
4'DIA SAN.SEWER MANHOLE(8'-10'DEPTH) EA 2 6,000.00 12,000.00 EA 2 6,000.00 12,000.00
4'DIA SAN.SEWER MANHOLE(10'-12'DEPTH) EA 3 10,000.00 30,000.00 EA 3 10,000.00 30,000.00
6"PVC SANITARY SEWER(6'-8'DEPTH) * LF 80 50.00 4,000.00 EA 80 50.00 4,000.00
8"PVC SANITARY SEWER(6'-8'DEPTH) * LF 430 60.00 25,800.00 EA 430 60.00 25,800.00
8"PVC SANITARY SEWER(8'-10'DEPTH) * LF 181 65.00 1,170.00 EA 18 65.00 1,170.00
10"PVC SANITARY SEWER(8'-10'DEPTH) * LF 2731 70.00 19,110.00 EA 273 70.00 19,110.00
12"PVC SANITARY SEWER(8'-10'DEPTH) * LF 8241 75.00 61,800.00 EA 824 75.00 61,800.00
12"PVC SANITARY SEWER(10'-12'DEPTH) * LF 661 105.00 6,930.00 EA 66 105.00 6,930.00
PVC SANITARY SEWER CTE MANHOLE EA 3 2,500.00 7,500.00 EA 3 2,500.00 7,500.00
PVC SANITARY SEWER CTE SEWER EA 3 2,000.00 6,000.00 EA 3 2,000.00 6,000.00
BYPASS PUMPING LS 1 5,000.00 5,000.00 EA 1 5,000.00 5,000.00
SUBTOTAL PART D 197,310.00 SUBTOTAL PART D 197,310.00
PART E--IRRIGATION PART E--IRRIGATION
RAISE & RESET EXIST IRRIG PUMP & HOUSE EA 1 7,500.00 7,500.00 Deleted bid item.
RAISE EXIST IRRIG WELL&CTE IRRIG PIPING EA 3 7,500.00 22,500.00 Deleted bid item.
DEFLECT EXIST REUSE WM UNDER NEW STORM LS 60 125.00 7,500.00 EA 60 125.00 7,500.00
2"CONDUIT(INSTALL ONLY) ROAD SLEEVES LS 1 1,100.00 1,100.00 EA 1 1,100.00 1,100.00
SUBTOTAL PART E 38,600.00 SUBTOTAL PART E 8,600.00 Revised subtotal.
PART F--LANDSCAPING PART F--LANDSCAPING
SMALL TREES,SHRUBS,FERT.INITIAL WATER LF 1 34,000.00 34,000.00 LF 1 34,000.00 34,000.00
SOD WITHIN ROW AND BEHIND SIDEWALK SY 5,109 6.00 30,654.00 SY 5,109 6.00 30,654.00
SOD WITHIN MEDIANS SY 1,261 8.00 10,088.00 SY 1,261 8.00 10,088.00
SUBTOTAL PART F 74,742.00 SUBTOTAL PART F 74,742.00
TOTAL(PARTS A-F) 2,166,770.00 TOTAL(PARTS A-F) 1,651,816.00 REVISED TOTAL WITH PROPOSED MODIFICATIONS.
PROPOSED"ALLOWANCE"ITEM
Information regarding the existing irrigation wells is unknown,so it
is difficult to obtain an accurate estimate of the work. To expedite
the original contract,we propose either adding this "allowance"
ABANDON EXISTING IRRIGATION WELLS EA 4,000.00 12,000.00 item or addressing the well abandonment at later date.
Page 3 of 3
Attachment #5
City of Cape Canaveral West Central Boulevard Improvements
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2020 between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and , a
State Certified General Construction Firm authorized and duly licensed to do business in the State of
Florida (herein referred to as CONTRACTOR), as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the
Contract Documents, for construction of improvements to West Central Boulevard from SR
A1A to Thurm Boulevard as set forth in the Scope of Services, attached hereto as Exhibit "A",
and fully incorporated by this reference ("Work").
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; Engineering Plans and Drawings prepared by John A. Pekar, PE
dated June 23, 2020, Bid #2020-02; Documents issued by the CITY; CONTRACTOR'S Bid
Submittal; General Conditions by the CITY; Supplemental Terms and Conditions by the CITY;
and all Change Orders approved by the CITY after execution of this Agreement. These Contract
Documents are hereby incorporated into this Contract by this reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on
the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved
by giving precedence in the following order:
a. Agreement Exhibits and Addenda; CONTRACTOR'S Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions (CITY);
d. General Terms and Conditions; or
e. Engineering Plans and Drawings.
Any inconsistency in the work description shall be clarified by the CITY and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any
errors, ambiguities or discrepancies be found in the Agreement or specifications, the CITY at its
sole discretion will interpret the intent of the Agreement and work descriptions and the
CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the
work in accordance with the decision of the CITY. When the material, article or equipment is
designated by a brand name and more than one brand name is listed, it will be understood
that the work is based on one brand name only. The CONTRACTOR will be responsible for all
coordination necessary to accommodate the material, article or equipment being provided
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
without additional cost to the CITY. A substitute material, article or equipment is allowed if it is
reasonably equivalent to the brand name specified. The CITY has full discretion to decide
whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use
of the substitute for a specified brand name and allow the CITY to make a determination before
CONTRACTOR uses the substitute.
5. CONTRACT TIME - The CONTRACTOR shall begin work within thirty (30) days after the
issuance of a written Notice to Proceed and shall complete the Work (substantial completion)
within calendar days. The CONTRACTOR shall complete the Work (final
completion) within calendar days from the date of the Notice to Proceed.
Extensions, if any, are authorized by CITY, and may only be granted in writing.
6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of
this Agreement and that CITY will suffer financial loss if the Work is not substantially complete
within the time specified in Paragraph 5 above, plus any extensions thereof allowed in
accordance with the General Conditions. They also recognize the delays, expense and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by
CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any
such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00) per day for each day that
expires after the time specified in Paragraph 5 for final completion until the work is finally
complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00) dollars as
consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current
funds for the performance of the work, subject to additions and deductions by Change Order,
the Total Contract Price of one million six hundred fifty-one thousand eight hundred sixteen
dollars and no cents ($1,651,816). Payments will be made to the CONTRACTOR for actual
quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid,
which shall be as fully a part of the Contract as if attached or repeated herein.
8. TERMINATION: DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the
right to revoke and terminate this Agreement and rescind all rights and privileges associated
with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to
revoke and terminate this Agreement in the following circumstances, each of which shall
represent a default and breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within seven (7) calendar days after
written notice from the CITY specifying the default complained of unless, however, the
nature of the default is such that it cannot, in the exercise of reasonable diligence, be
remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such
time as is reasonably necessary to remedy the default, provided the CONTRACTOR
promptly takes and diligently pursues such actions as are necessary therefore; or
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of
creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in
performing the Work hereunder; or
d. CONTRACTOR has committed any act of fraud upon the CITY; or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while
performing its obligations under this Agreement; or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right,
or remedy CITY may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall
have the right to exercise any other remedy the CITY may have by operation of law, without
limitation, and without any further demand or notice. In the event of such termination, CITY
shall be liable only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for Work properly performed prior to the effective date of
termination.
9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood;
windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force);
extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment
or facilities; court injunction or order; federal and/or state law or regulation; order by any
regulatory agency; or cause or causes beyond the reasonable control of the party affected;
provided that prompt notice of such delay is given by such party to the other and each of the
parties hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days, either party may terminate this
Agreement.
10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid,
against public policy, void or otherwise unenforceable by a court of law, the parties, at the sole
discretion and option of the CITY, shall negotiate an equitable adjustment in the affected
provision of this Agreement. The validity and enforceability of the remaining parts of this
Agreement shall otherwise be fully enforceable
11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price
to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's
Project Manager, by CONTRACTOR as the work progresses and in accordance with the Contract
Documents.
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. CONTRACTOR does not make prompt and proper payments to subcontractors;
c. CONTRACTOR does not make prompt and proper payments for labor, materials, or
equipment furnished him;
d. Another Contractor is damaged by an act for which CONTRACTOR is responsible;
e. Claims or liens are filed on the job; or
f. In the opinion of the City of Cape Canaveral, CONTRACTOR'S work is not progressing
satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project
in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion
of the project, CITY shall reduce to 5% the amount of the retainage withheld from each
subsequent progress payment made to the CONTRACTOR unless the project is subject to
Federal funding, in whole or in part, and the project is subject to laws and regulations contrary
to the Act. The term "50% completion of the project" shall mean the point at which the CITY
has expended 50% of the total cost of the construction services purchased under this
Agreement together with all costs associated with existing change orders and other additions
or modifications to the construction services provided for in this Agreement. After 50%
completion, the CONTRACTOR may present to the CITY a payment request for up to one-half
of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR
unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The
remaining retainage amount withheld shall be released with the Final Payment after the
issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR
within thirty (30) days after the work is fully and properly completed, if the contract has been
fully and timely performed, but subject to the condition that final payment shall not be due
until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract,
or receipt of releases of lien fully covering all labor, materials and equipment for which a lien
could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such
claims.
By making payments, CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
b. Work that does not comply with the Contract Documents;
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
c. Outstanding claims of liens; or
d. Failure of CONTRACTOR to comply with any special guarantees required by the
Contract Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:
DUTIES AND AUTHORITY - The duties and authority of the CITY are as follows:
a. General Administration of Contract. The primary function of the CITY is to provide
the general administration of the contract. In performance of these duties, Jeff Ratliff or his
authorized representative is the CITY's Project Manager during the entire period of
construction. The CITY may change the Project Manager during the term of this contract.
b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the
work site. The CITY will not be responsible for the means of construction, or for the
sequences, methods and procedures used therein, or for the CONTRACTOR'S failure to
perform the work in accordance with the Contract Documents.
c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite
at all times during work preparation and progress. The Project Manager is not obligated to
make exhaustive or continuous onsite inspections to perform his duties of checking and
reporting on work progress, and any such inspections shall not waive CITY's claim regarding
defective work by CONTRACTOR.
d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the
initial interpreter of the contract document requirements, and make decisions on claims
and disputes between CONTRACTOR and CITY.
e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which
in its opinion does not conform to the Contract Documents, and in this connection may
stop the work or a portion thereof, when necessary.
f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR
as the work progresses, based on CONTRACTOR'S applications and CITY's inspections and
observations, and will issue certificates for progress payments and final payments in
accordance with the terms of the Contract Documents.
14. PROGRESS MEETING — CITY's Project Manager may hold periodic progress meetings on a
monthly basis, or more frequently if required by the CITY, during the term of work entered into
under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel
shall attend such meetings as designated by the CITY's Project Manager.
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with
the project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise and
direct the work, and give it all attention necessary for such proper supervision and direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person
unfit or without sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities,
including water, transportation, and all other facilities and work necessary for the proper
completion of work on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall
secure all licenses and permits necessary for proper completion of the work, paying the
fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if
authorized in the Contract Documents) hold or will secure all trade or professional licenses
required by law for CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1)
calendar year after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights
or any monies due or to become due hereunder without the prior, written consent of the CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is
subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all
acts and/or omissions performed by the subcontractor as if no subcontract had been made.
b. If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy
the situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of
this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to
provide CITY and its affiliates with insurance coverage as set forth by the CITY.
17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than CITY and CONTRACTOR.
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not
employed or retained any company or person, other than a bona fide employee working solely
for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint venture or principal -
agent relationship between the parties and neither party is authorized to, nor shall either party
act toward third persons or the public in any manner which would indicate any such relationship
with the other party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold
harmless and defend the CITY, its officers, agents, officials, representatives, employees, and/or
attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of
whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal,
which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in
part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors,
subcontractor(s), representatives, servants or employees in the execution, performance or non-
performance or failure to adequately perform CONTRACTOR's obligations pursuant to this
Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own
expense or to provide for such defense, at the sole option of the CITY, as the case may be, of
any and all claims of liability and all suits and actions of every name and description that may
be brought against the CITY, its officers, agents, officials, representatives, employees, and/or
attorneys which may result from the services under this Agreement whether the services be
performed by the indemnifying party or anyone directly or indirectly employed or hired by
them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the
fees for which shall be subject to and included with this indemnification provided herein, as
long as said fees are reasonable. This paragraph shall survive termination of this Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for
the safety and supervision of its principals, employees, contractors, and agents while
performing work provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and
warrants to the CITY the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and
is in good standing under the laws of Florida, and is duly qualified and authorized to carry
on the functions and operations set forth in this Agreement.
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal
right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
CONTRACTOR has been duly authorized by the board of directors and/or president of
CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy
to the CITY of a corporate certificate of good standing provided by the State of Florida
prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work
stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to
provide a copy of all said licenses to the CITY prior to the execution of this Agreement.
23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form
approved by the CITY's City Attorney and in accordance with Florida law and in an amount
specified in the Contract Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for
providing the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the
minimum amount of $2,000,000 as the combined single limit for each occurrence to protect
the CONTRACTOR from claims of property damages which may arise from any Work
performed under this Agreement whether such Work is performed by the CONTRACTOR
or by anyone directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum
$1,000,000 property damage as the combined single limit for each occurrence to protect
the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as
well as from claims from property damage, which may arise from the ownership, use, or
maintenance of owned and non -owned automobiles, including rented automobiles
whether such operations be by the CONTRACTOR or by anyone directly or indirectly
employed by the CONTRACTOR.
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's
Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing
Work for the CITY pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein
identified shall be maintained during the term of this Agreement. A copy of a current Certificate
of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this
Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates
shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
advance written notification to the CITY in the event of cancellation or modification of any
stipulated insurance coverage. The CITY shall be an additional named insured on all
stipulated insurance policies as its interest may appear, from time to time, excluding
workers' compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed
by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance
provisions contained in this paragraph section 24.
25. MEDIATION/VENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in
mediation. The parties agree to equally share the cost of the mediator. Should the parties fail
to resolve their differences through mediation, then any cause of action filed hereunder shall
be filed in the Circuit or County Court for Brevard County, Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed,
governed, and enforced in accordance with the laws of the State of Florida. Venue for any state
action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation
shall be Orlando, Florida.
27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover
from the non -prevailing party the costs and expenses of such action including, but not limited
to, reasonable attorney's fees, whether at settlement, trial or on appeal.
28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the
applicable party at the address shown on page 9 of this Agreement.
29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that
the contractual relationship between the CITY and CONTRACTOR is such that the
CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR,
its contractors, partners, agents, and their employees are independent contractors and not
employees of the CITY. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of an independent contractor, between the CITY, on one hand, and
the CONTRACTOR, its contractors, partners, employees, or agents, during or after the
performance of the Work under this Agreement.
30. DOCUMENTS - Public Records: Pursuant to Section 119.0701, Florida Statutes and other
applicable public records laws, CONTRACTOR agrees that any records, documents,
transactions, writings, papers, letters, computerized information and programs, maps, books,
audio or video tapes, films, photographs, data processing software, writings or other material(s),
regardless of the physical form, characteristics or means of transmission, of CONTRACTOR
related, directly or indirectly, to the services provided to the CITY under this Agreement and
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
made or received pursuant to law or ordinance or in connection with the transaction of official
business by the CITY, may be deemed to be a public record, whether in the possession or
control of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers,
letters, computerized information and programs, maps, books, audio or video tapes, films,
photographs, data processing software, writings or other material(s), regardless of the physical
form, characteristics or means of transmission of CONTRACTOR are subject to the provisions
of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the CITY's designated custodian of public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK AVENUE, CAPE CANAVERAL,
FLORIDA 32920.
CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR
shall keep and maintain all public records required by CITY to perform the services as agreed
to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that
public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the Agreement
term. Upon completion of the Agreement, CONTRACTOR shall transfer to CITY, at no cost, all
public records in possession of the CONTRACTOR, provided the transfer is requested in
writing by the City Clerk. Upon such transfer, CONTRACTOR shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. However, if the City Clerk does not request that the public records be
transferred, the CONTRACTOR shall continue to keep and maintain the public records upon
completion of the Agreement and shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to CITY, upon request from the
City Clerk, in a format that is compatible with the information technology systems of CITY.
Should the CITY not possess public records relating to this Agreement which are requested to
be inspected or copied by the CITY or any other person, the CITY shall immediately notify
CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the
CITY or allow the records to be inspected or copied within a reasonable time. If the
CONTRACTOR does not comply with a public records request, the CITY may enforce this
Section to the extent permitted by law. CONTRACTOR acknowledges that if the
CONTRACTOR does not provide the public records to the CITY within a reasonable time, the
CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The
CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel
production of public records relating to this Agreement, the court may assess and award
against CONTRACTOR the reasonable costs of enforcement, including reasonable attorney
fees. All public records in connection with this Agreement shall, at any and all reasonable times
during the normal business hours of the CONTRACTOR, be open and freely exhibited to the
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
CITY for the purpose of examination, audit or otherwise. Failure by CONTRACTOR to grant
such public access and comply with public records laws and/or requests shall be grounds for
immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written
notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must
enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages
for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this
Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs,
and any damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And,
if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and
damages which the CITY had to pay a third party because of the CONTRACTOR's failure to
comply with this Section. The terms and conditions set forth in this Section shall survive the
termination of this Agreement.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the CITY's right to
sovereign immunity under Section 768.28, or other limitations imposed on the CITY's potential
liability under state or federal law. As such, the CITY shall not be liable, under this Agreement
for punitive damages or interest for the period before judgment. Further, the CITY shall not be
liable for any claim or judgment, or portion thereof, to any one person for more than two
hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which,
when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars ($300,000.00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by
the Parties has been induced by no representations, statements, warranties, or agreements
other than those expressed herein. This Agreement embodies the entire understanding of the
parties, and there are no further or other agreements or understandings, written or oral, in
effect between the parties relating to the subject matter hereof unless expressly referred to
herein. Modifications of this Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of
this Agreement shall not be considered a waiver of that term, condition, or provision in the
future. No waiver, consent, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of each party hereto.
This Agreement may be executed in any number of counterparts, each of which when so
executed and delivered shall be considered an original agreement; but such counterparts shall
together constitute but one and the same instrument.
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
36. NOTICE - Any notice, request, instruction, or other document to be given as part of this
Agreement shall be in writing and shall be deemed given under the following circumstances:
when delivered in person; or three (3) business days after being deposited in the United States
Mail, postage prepaid, certified or registered; or the next business day after being deposited
with a recognized overnight mail or courier delivery service; or when transmitted by facsimile
or telecopy transmission, with receipt acknowledged upon transmission; and addressed as
follows (or to such other person or at such other address, of which any party hereto shall have
given written notice as provided herein):
For City: For Contractor:
City of Cape Canaveral
Todd Morley, City Manager
100 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220 Phone:
Fax: 321-868-1248 Fax:
Either party may change the notice address by providing the other party written notice of the
change.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
CONSTRUCTION AGREEMENT
City of Cape Canaveral West Central Boulevard Improvements
CONTRACTOR:
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name:
Attest:
By:
Mia Goforth, City Clerk
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
By:
Todd Morley, City Manager
Date
CONSTRUCTION AGREEMENT
Attachment #6
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 Flowe roniflowe@gmail.com
Office Manager Cell Phone: 321-403-9899
September 17, 2020
TO: Jeff Ratliff
FROM: John Pekar
SUBJECT: W. Central Boulevard — Review of Revised G&R Bid
Jeff, the revised three (3) bid sheets from Gibbs & Register look good. There are only two items
that differed from our Addendum #4 (which was not issued) as their bids were based on
information through Addendum #3. The differences included:
1. We had 300 sy of 8" stabilized subgrade under the 5'x4" concrete sidewalk. This was left out
of G&R's revised bid, although with the concrete sidewalk only 98% compaction of the
subgrade, will be okay.
2. G&R added $8,500 for costs to abandon segments of existing storm drainage line. This seems
reasonable.
In summary, their current bid is good and we would recommend City acceptance.
Sincerely,
John A. Pekar, P.E.
JAP:rmf
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 7
Subject: Accept revised letterhead system that facilitates Americans with Disabilities Act (ADA)
compliance, minimizes waste and reinforces the City's brand and history.
Department: Cultural + Community Affairs
Summary: Until recently, the official City letterhead system (stationery) had remained virtually
unchanged since 1968 (Attachment 1). Even through the rebranding initiative in 2015, the diagonal
stripes/seal design was retained for the City's formal letterhead, business cards and other official
documents.
This design however, resulted in a considerable amount of wasted space, in that:
• The diagonal placement of the header image forced users to begin their document three -
to -four inches from the top of the page (Attachment 1).
• The address information in the footer required a firm one -inch lower margin to prevent
text running directly into it, often creating the need for a second page.
The limited space resulted in inconsistent formatting throughout City documents including
unbalanced margins, offset headers and varying gaps in text (Attachment 1.b and 1.c). Essentially,
restricting content to fit within a 6.5" x 6" area and rendering nearly 58% of the page unusable for
formal correspondence (Attachment 1.d).
To help alleviate some of these issues, in 2018, Staff was directed by the City Manager to revamp
the City's letterhead system. Although the simplified version that resulted retained the original City
Seal, it departed almost entirely from the previous, heavy -line design, expanded the already
problematic footer text and utilized Times New Roman (TNR), a serif typeface, in both the header
and the footer (Attachment 1.e). Serif fonts feature additional strokes extending from the ends of
letters, making them difficult for screen -reader devices to interpret. ADA best practices discourage
the use of serif fonts for digital and web -based documents.
As part of the City's continued efforts to promote accessibility, in December of 2019, Staff was
directed to adopt a screen -reader friendly typeface and Segoe UI was selected for use on all official
City documents and correspondence, thus replacing the non-ADA compliant TNR.
The final step in implementing this conversion is to officially update the City's branded letterhead
system, to include the official City letterhead, envelopes, business cards, official documents and
other print expressions. Because this system is a reflection of the organization it serves and in many
circumstances makes the "first impression", it should be used to reinforce the City's brand in both
image and values. Given this level of importance, Staff wishes to proceed, with the approval of
Council, and has included the proposed design changes (Attachment 2).
The revised design addresses the previous issues of accessibility and useable space by
incorporating ADA compliant fonts and moving the address segment into the header. It also
incorporates the heavy -line design but in a horizontal format that is clean, buoyant and occupies
less of the content space.
To minimize both waste and cost, this conversion would be done gradually. Orders for items
featuring the updated designs would be placed on an as -needed basis, as current supplies run out
or wherein the information presented is no longer relevant/accurate.
Submitting Department Director: Molly Thomas Date: 10/12/2020
City of Cape Canaveral
City Council Meeting — October 20, 2020
Agenda Item No. 7
Page 2 of 2
Attachments:
1. Examples of formatting issues, 1968 - 2017
2. Letterhead System Proposal 2020
Financial Impact: No additional cost with gradual, as needed ordering of supplies with revised
branding; Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/09/2020
The City Manager recommends that City Council take the following action:
Accept revised letterhead system as presented.
Approved by City Manager: Todd Morley Date: 10/12/2020
Attachment 1.a
City of Cape Canaveral
105 POLK AVENUE • CAPE CANAVERAL. FLORIDA 32920
TELEPHONE 305 783-1100
REGULAR MEETING
CITY COUNCIL
January 16, 1968
4"
AGENDA
Call to order.
Roll Call.
Minutes of Regular Meeting of December 19, 1967.
Minutes of Special Meeting of December 22, 1967.
Minutes of Emergency Meeting of December 28, 1967.
Treasury Report.
Item 1. Application for on premises sale of Alcoholic Beverages by
George's Fine Foods.
Item 2. Acceptance of Pre -application for Harbor Heights South
Subdivision Plat.
Item 3. Amendment to Southern Standard Housing Code.
Item 4. Amendment to Occupational License Ordinance.
Item 5. Invoice from Peter Johnson Associates to Cape Kennedy Area
Chamber of Commerce.
DISCUSSION
Adjourn.
Attachment 1.b
Inconsistent margins
to accommodate
offset header image.
City of Cape Canaveral
105 POLK AVENUE • CAPE CANAVERAL. • FLORIDA 32920
TELEPHONE 305 7113.1100
BOARD OF ADJUSTMENT
MAY 2, 1977
7:30 P.M.
AGENDA
CALL TO ORDER
ROLL CALL
MINUTES OF FEBRUARY 28 MEETING. CONTINUED TO MARCH 3, 1977
ITEM 1. REQUEST #77-3 REQUEST FOR VARIANCE OFF SETBACKS TO
CONSTRUCT TRI-PLEX AT 23, 24, 37, CG, 56, AVON-
BY-THE-SEA, BLOCK 56, LOTS 8 & 16 .APPLICANT
MR. NICOLI LUCIANO, AGENT MR. A. BEN-KORI,
PROPERTY OWNERS MR. & MRS. GEORGE ROGERS
ITEM 2. REQUEST #77-4 REQUEST FOR VARIANCE OF SETBACKS
TO CONSTRUCT SINGLE FAMILY RESIDENCE AT 23, 24, 37
CG, 6, AVON-BY--THE-SEA, BLOCK 6, LOT 15, AND
VACATED STREET TO THE EAST, APPLICANT MR. LESLIE
JOHNSON, AGENT MR. LESLIE JOHNSON, PROPERTY OWNERS
J•1R. & MRS. SIDNEY GREGORY
ITEM 3. REQUEST #77--5 REQUEST FOR VARIANCE OF SETBACKS TO
CONSTRUCT SINGLE FAMILY RESIDENCE AT 23, 24, 37
CG, 6, AVON- BY-THE--SEA, BLOCK 6, LOT 14, AND
VACATED STREET TO THE EAST, APPLICANT MRS. MARGARET
JOHNSON, AGENT MRS. MARGARET JOHNSON, PROPERTY OWNERS
MR. & MRS. SIDNEY GREGORY
ADJOURN
Attachment 1.c
City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 1, 1997
7:00 P.M.
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
CONSIDERATIONS:
I. Motion to Approve: Minutes, May 20, 1997 Regular City Council Meeting
Minutes, June 3, 1997 Regular City Council Meeting
Minutes, June 17, 1997 Regular City Council Meeting
Minutes, June 20, 1997 Special City Council Meeting
Motion to Approve: Pedestrian Bridge Design Concept
Motion to Approve: Temporary Permit Extension for Tricon Development, Construction
Trailer
4. Motion to Approve: Cooperative Purchase of Playground Equipment for Long Point
Neighborhood Park with Cedar Grove, in the amount of $7,711.02
5. Motion to Approve: School Resource Officer Agreement with the City of Cocoa Beach, in
the amount of $4,618.34.
Format adjusted to
accommodate footer.
d:\cityclerk\cityclk\agenda\regular\ 1997\07-01-97. doc
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
City Council Regular Meeting Agenda
July 1, 1997
Page 2
RESOLUTIONS
6 Motion to Approve: Resolution No. 97-19, opposing the Florida Department of
Environmental Protection's proposal to permit clamming in areas
within the City of Cape Canaveral and the City of Cocoa Beach.
A RESOLUTION OF THE CITY OF COCOA BEACH AND CITY OF CAPE CANAVERAL,
FLORIDA ADDRESSING THE STATE OF FLORIDA'S DEPARTMENT OF ENVIRONMENTAL
PROTECTION, PROPOSED RECLASSIFICATION OF WATERS TO PERMIT COMMERCIAL
CLAMMING IN AREAS WITHIN AND ADJACENT TO THE CITY OF COCOA BEACH AND THE
CITY OF CAPE CANAVERAL, FLORIDA.
DISCUSSION:
7. Providing Reuse Water to Port Canaveral
8. Proposed C-2 Zoning District
REPORTS:
9. City Manager's Report
AUDIENCE TO BE HEARD:
Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit
their comments to five (5) minutes. The City Council will not take any action under the "Audience To
Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act
upon them in the future.
REPORTS CONTINUED:
ADJOURNMENT:
Pursuant to Section 286.1015, 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the
City Clerk's office (868-1221) 48 hours in advance of the meeting.
D:\cityclerk\CityCIk\AGENDA\REGULAR\1997\07-01-97.doc
Attachment 1.d
City of Cape Canaveral
February 8, 2017
Honorable Mayor and Members of City Council
City of Cape Canaveral
Cape Canaveral, Florida 32920
Dear Mayor and Members of City Council:
It is our pleasure to submit this Comprehensive Annual Financial Report (CAFR) for the City of
Cape Canaveral, Florida, for the Fiscal Year ended September 30, 2016. It fulfills the
requirements set forth pursuant to Florida Statutes Section 218.39 and Chapter 10.500 of the
Rules of the Auditor General of the State of Florida.
Responsibility for accuracy of the data and completeness/fairness of the presentation, including
all disclosures, rests with the City. The presentation of this data is fully supported by
management's establishment of a comprehensive internal control framework that is designed
both to protect the government's assets from loss, theft or misuse and to compile sufficient
reliable information for the preparation of the City's financial statements in conformity with
generally accepted accounting principles (GAAP). Because the cost of internal controls should
not outweigh its benefits, the City's comprehensive framework of internal controls has been
designed to provide reasonable rather than absolute assurance that the financial statements will
ae free from material misstatement. As management, we assert that, to the best of our knowledge
and belief, this Report is complete and reliable in all material respects and is reported in a
manner designed to present fairly the financial position and results of operations of the City on a
Government -wide and Fund basis. All disclosures necessary to enable the reader to gain an
understanding of the City's financial activities have been included.
Florida Statutes and the City Charter require that an annual financial audit be performed by
independent certified public accountants. The audit was performed by James Moore & Co., P.L.,
licensed certified public accountants. The goal of the independent audit is to provide reasonable
assurance that the financial statements of the City for the Fiscal Year ended September 30, 2016
are free of material misstatement. The independent audit involved examining, on a test basis,
evidence supporting the amounts and disclosures in the financial statements; assessing the
accounting principles used and significant estimates made by management; and evaluating the
overall financial statement presentation. The independent auditor concluded, based upon the
audit, mat inere was a reasonable basis for rendering an unquaiineu opinion tnat the City's
financial statements for the Fiscal Year ended September 30, 2016 are fairly presented in
conformity with GAAP. The independent auditor's report is located at the front of the financial
section of this Report.
No room for signature.
48%
of
page
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • FAX. (321) 868-1248
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
Attachment 1.e
City of Cape Canaveral
2018 Letterhead
100 Polk Avenue — P.O. Box 326 • Cape Canaveral, FL 32920 BETWEEN®
(321) 868-1220 • Fax (321) 868-1248
Visit us at www.cityofcapecanaveral.org • info@cityofcapecanaveral.org • #TheSpaceBetween
[City Seal with dual-color blue banded background motif]
Attachment 2
LETTERHEAD SYSTEM
BRAND UPDATE
2020
BACKGROUND
In December 2019, as part of continued efforts to ensure ADA compliance and accessibility to City -
generated documents, the City discontinued use of "Times New Roman" (TNR) as its primary typeface
for official communications. While the City does have an official and compatible "branded" typeface for
marketing purposes, "Ciutadella" is not a universally recognized font by standard computer or mobile
device operating systems.
Staff identified "Segoe UI' as a unique, yet universal and ADA compliant font, that was versatile enough
to be used for official documents, marketing materials and other City communications. The City's usage
of TNR extended beyond the text of it's documents and emails and served as the primary typeface
throughout its entire letterhead system, to include: business cards, stationery, envelopes and media
releases.
This package presents a revised version of the City's letterhead system. The proposed designs reflect a
clean, modern and consistent visual identity for the City. While it is not particularly necessary to make
envelopes and business cards compatible for screen readers, changing the typeface to match our other
communications illustrates our commitment to accessibility and reinforces the consistency of our brand
profile. The 2019 State of the City was a soft preview of this updated formatting and was met with an
overwhelmingly positive response. It is important to note that nothing has been changed from the
contracted branding initiative, only the way in which it is presented. Going forward, this update will
feed into the creation of a formal brand strategy, that will ensure the greatest return on the City's 2015
re -branding investment.
Molly Thomas
Cultural + Community Affairs Director
BRAND REFRESHER
A brand is effectively the aura of an organization. Its elements reflect its mission, vision, values and in
many cases the audience or community it serves. Brand is expressed through visual elements, voice
and action.
Visual Elements
Logos, typeface, colors, letterheads, business cards, etc.
Voice
Taglines, content, emphasis, purpose of communications —verbal and in print
Action
Decisions, actions that support all of the things a brand represents, i.e. accessibility or sustainability
CITY COLOR PALETTE
core palette
C-PMS 306 #59CBE8
A-PMS 1505
N-BLACK
#080808
A-PMS 219
tertiary palette
V-PMS 7549 #FFB500
E-PMS 360
R-PMS 7502 # CEB888
A-PMS 285
L-PMS 7664 C #653090
CITY TYPEFACE + FONTS
Ciutadella Ciutadella Ciutadella Ciutadella Ciutadella
Segoe UI Segoe UI Segoe UI Segoe UI Segoe UI
CITY TRADEMARKED TAGLINES
THE
SPACE
BETWEEN°
THE SPACE BETWEEN°
WAVES + WONDER°
LIFTOFF + LANDING®
INSPIRATION + RELAXATION°
FAMILY+ FRIENDS®
SUN + SEA°
HIGH-TECH + HIGH TIDE
OCEANSIDE + RIVERSIDE
SCIENCE + SANDCASTLES'
HIGH HEELS + FLIP FLOPS°
CITY OF
CAPE CANAVERAL
P.O. Box 326 • 100 Polk Avenue • Cape Canaveral, FL 32920-0326
(321) 868-1220 if www.cityofcapecanaveral.org
SAMPLE
LETTERHEAD
BUSINESS CARD RENDERINGS
PERSONALIZED
FRONT
FULL NAME
TITLE/ELECTED POSITION
www.cityofcapecanaveral.org
100 Polk Avenue P.O. Box 326
Cape Canaveral, Florida 32920
(321) 868-1220 x999
e.mail@cityofcapecanaveral.org
ALL
REVERSE
THE
SPACL
BETWEEN'
DEPARTMENT
Write your message here!
DEPARTMENT
FRONT
PUBLIC WORKS SERVICES
www.cityofcapecanaveral.org
601 Thurm Blvd. P.O. Box 326
Cape Canaveral, Florida 32920
(321) 868-1240 x999
pws@cityofcapecanaveral.org
ENVELOPE RENDERINGS
CITY OF
CAPE CANAVERAL
P.O. Box 326 100 Polk Avenue
Cape Carraueral, FL 32320-0326
EXAMPLE ADDRESSEE
123 Street Avenue
City Town, FL 32000
FRONT
THE SPACE BETWEEN
BACK
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 8
Subject: Ordinance No. 03-2020; amending Sections 2-57 and 2-58 regarding scheduling Council
Meetings; providing a conforming amendment to Section 18-1 related to the definition of Civil
Emergencies; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability, and an effective date, second reading.
Department: Legislative
Summary: At the May 19, 2020 Regular City Council meeting, Council reached consensus for Staff
to work with the City Attorney to modify the City Code regarding Emergency and Special Meetings
of the City Council to improve the process overall. Proposed Ordinance No. 03-2020, attached
herewith, unifies procedures for initiating Special, Emergency and Workshop Meetings including
examples such as:
• The City Council can initiate or approve a request for a special meeting by a vote of the
majority or unanimous consensus during a Council meeting pursuant to the Charter, article
II, section 2.11.
• An individual Council Member may initiate a special meeting by filing a written notice
(including by email) with the City Clerk and shall contain a proposed date/time and the action
item(s) requested for consideration. The Clerk shall immediately provide a copy of the notice
by email or hand delivery to each Member. If a majority of Council agrees to it, then a meeting
will be scheduled.
• Currently, a majority of the City Council can initiate an Emergency Meeting. The Proposed
Ordinance provides that an Emergency Meeting can also be initiated by the Mayor or the
City Manager.
• In the event City Hall is not available to host a Special or Emergency Meeting, the Proposed
Ordinance provides for an alternate location and/or Communication Media Technology
(CMT) virtual or remote procedures to conduct a public meeting, if authorized by law.
• The Proposed Ordinance requires that Special, Emergency and Workshop Meetings be
noticed at City Hall and on the City website; addresses the use of City social media, as deemed
practical by the City Clerk; clarifies the City Clerk is responsible for date and time coordination
of Special, Emergency and Workshop Meetings as well as proposal of alternative dates and
times as necessary for coordination purposes.
At its September 18, 2020 Regular Meeting, City Council approved Ordinance No. 03-2020 on first
reading. The Notice of Hearing was placed for advertisement in Florida Today on October 8, 2020
and the Ordinance is now presented for second reading and final adoption.
Submitting Department Director: Mia Goforth Date: 09/25/2020
Attachment: Ordinance No. 03-2020
Financial Impact: Cost of codification; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 09/25/2020
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 03-2020 at second reading.
Approved by City Manager: Todd Morley Date: 09/25/2020
1 ORDINANCE NO. 03-2020
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING
5 SECTIONS 2-57 AND 2-58 REGARDING SCHEDULING COUNCIL
6 MEETINGS; PROVIDING A CONFORMING AMENDMENT TO
7 SECTION 18-1 RELATED TO THE DEFINITION OF CIVIL
8 EMERGENCIES; PROVIDING FOR THE REPEAL OF PRIOR
9 INCONSISTENT ORDINANCES AND RESOLUTIONS,
10 INCORPORATION INTO THE CODE, SEVERABILITY, AND AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
15 law; and
16 WHEREAS, pursuant to Section 2.11(a) of the City Charter, the City Council may conduct
17 special meetings on the call of three or more members and, whenever practicable, upon no less
18 than 12 hours' notice to each member; and
19 WHEREAS, the City Council desires to amend the City Code related to scheduling and
20 conducting special meetings and emergency meetings in order to promote the efficient conduct
21 of City business; and
22 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
23 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
24 Cape Canaveral.
25 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
26 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
27 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as
28 legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
29 Section 2. Chapter 2 Code Amendment. Chapter 2 of the Code of Ordinances, City of Cape
30 Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions to the City
31 Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the
32 Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the
33 asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
34 to adoption of this Ordinance):
35 CHAPTER 2 — ADMINISTRATION
City of Cape Canaveral
Ordinance No. 03-2020
Page 1 of 6
1 ***
2 ARTICLE II.-CITY COUNCIL
3
4 DIVISION 3. - Meetings.
5
6 Sec. 2-57. - Special and emergency meetings.
7 (a) A special meeting of the city council may be initiated by any of the following means:
8 (1) Council Decision at Meeting. The city council can initiate or approve a request for a special
9 meeting goy an affirmative vote of a majority or unanimous consensus of the city council at a
10 council meeting pursuant to the Charter, article II, section 2.11.
11 (2) By serving the city manager or the city clerk notice in writing and signed by a majority of the
12 city council. The clerk shall immediately give verbal or writtcn notice of to each member of the
13 council stating the date and hour of the meeting and the purpose for which such meeting is called,
14 and no other business shall be enacted at that meeting. The clerk in the notice of a special meeting
15 initiated in this manner shall allow at least 24 hours to elapse between the call of the meeting and
16 the date and hour of the meeting. Notice shall be posted at City Hall and on the city website.
17 (2) Initiated by Councilmember. A councilmember may request a special meeting by filing a
18 written notice (including by email) with the city clerk. The written notice shall specify the purpose
19 and reason for requesting the meeting, the action item(s) requested to be considered by council,
20 and a proposed date(s) and time(s) for the meeting. Upon receipt of the notice, the clerk shall
21 immediately provide a copy of the notice by email or hand delivery to each member of the council
22 and determine whether at least a majority of the council agrees in writing to schedule a special
23 meeting to consider the action item(s). However, a meeting will not be scheduled by the clerk's
24 office unless a majority of the city council has agreed in writing to attend the meeting and consider
25 the action item(s) no later than forty-eight (48) hours from the date that the notice was delivered
26 by the clerk. If a majority of the council does not agree within said time period, the clerk shall
27 notify the councilmember initiating the request that the request is deemed expired and no further
28 action will be taken by the clerk to attempt to schedule the requested special meeting.
29 (3) Initiated by City Manager. As the administrative head of the City, the city manager shall
30 request of the city council from time to time such decisions or actions of the city council which
31 the city manager may determine are reasonably necessary for the successful accomplishment of
32 the duties of the city manager. In furtherance of these duties, the city manager may request a
33 special meeting if deemed necessary for the effective administration of the City. Such request
34 may be made by notifying each member of council, verbally or in writing (including by email),
35 about the purpose and reason for requesting the meeting, description of the action item(s) to be
City of Cape Canaveral
Ordinance No. 03-2020
Page 2 of 6
1 considered by council, and proposed date(s) and times(s) for the meeting. However, a meeting
2 will not be scheduled by the clerk's office unless a majority of the city council has agreed verbally
3 or in writing to attend the meeting and consider the action item(s).
4 (34) Emergencies. By verbal notice to the city clerk or the city manager by a majority of the city
5 council wWhenever an emergency exists which requires immediate, urgent or extraordinary action
6 by the council due to exigent circumstances affecting life safety, property damage, the business
7 affairs of the City, the environment, or an emergency measure required to be addressed under
8 chapter 18 of the City Code, the city council, mayor or city manager may call an emergency
9 meeting. Emergency meetings will be scheduled as soon as possible to address the exigent
10 circumstances. The clerk shall immediately attempt to give verbal or written notice (including by
11 email) to each member of the council stating the hour of the emergency meeting and the purpose
12 for which such meeting is called, and no other business shall be enacted at that meeting. If, after
13 reasonable diligence, it is impossible to give notice to each councilmember, such failure shall not
14 affect the legality of the meeting.
15 (b) Special and emergency meetings shall be limited to the purpose and scope of the item(s)
16 publicly noticed and placed on the meeting agenda. No other item(s) may be discussed or
17 decided by the city council at these meetings.
18 (c) Special meetings shall only be requested when there is an action item(s) to present to the
19 city council for discussion and action. Adequate time should be afforded city staff to research and
20 prepare an appropriate city council agenda item(s) (including if necessary, any related
21 documentation, ordinance, resolution or legal instrument) before a special meeting is scheduled
22 so the city council is well-informed and prepared before taking final action. Special meetings
23 should not be requested for an agenda item(s) that can be placed on a regular council agenda for
24 timely consideration except if such agenda item(s) and special meeting is approved by the city
25 council at a council meeting.
26 (d) Special meetings shall require a minimum of twenty-four (24) hours public notice and shall
27 be subject to other applicable notice requirements provided by law. There shall be no minimum
28 public notice requirements for emergency meetings unless otherwise provided by law. However,
29 public notice of emergency meetings shall be given in advance of the meeting to maximum extent
30 practicable given the emergency circumstances. Additionally, if, after reasonable diligence, it is
31 impossible to give notice of a meeting to each councilmember as required by this section, such
32 failure shall not affect the legality of the meeting.
33
34 (e) All special and emergency meetings shall be held in the City Hall unless otherwise
35 determined by the city council or City Hall is not available. such other place as designated by a
36 majority of the council in open session and All meetings shall be open to the public and the press
37 unless otherwise provided by law. If the city council has not determined otherwise, the city
City of Cape Canaveral
Ordinance No. 03-2020
Page 3 of 6
1 manager may schedule the special or emergency meeting at another appropriate location if City
2 Hall is not available. The city council may also conduct meetings by using communication media
3 technology if authorized by law.
4 (f) Notice of meetings called under this section shall be posted at City Hall and on the city
5 website, and may to the extent deemed practical and available by the clerk, be posted on suitable
6 city social media platform(s)
7 (g) The clerk shall be responsible for maintaining the city council's master meeting schedule
8 and coordinating schedules of the councilmembers, city manager and other city officials for
9 purposes of scheduling council meetings called under this section. When scheduling council
10 meetings, the clerk may freely propose alternative dates and times deemed appropriate to
11 schedule special and emergency council meetings based on the availability of the
12 councilmembers, city manager and other city officials.
13
14 Sec. 2-58. - Workshop meetings.
15 Workshop meetings may be called in the same manner as a special meeting to informally discuss
16 matters relating the [to] to city business. Workshop meetings shall be held in the place so
17 designated by council to be the locations of workshop meetings and shall be open to the public
18 and press. Notice of workshop meetings shall be posted at least 24 hours in advance at the City
19 Hall and on the city website, and may to the extent practical and available, be posted on suitable
20 city social media platform(s). Minutes of the workshop meeting shall be prepared and distributed
21 to council members.
22 * * *
23 Section 3. Section 18-1 Conforming Code Amendments. Section 18-1 of the Code of
24 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type
25 indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *)
26 indicate a deletion from the Ordinance of text existing in Section 18-1. It is intended that the text
27 in Section 18-1 denoted by the asterisks and set forth in this Ordinance shall remain unchanged
28 from the language existing prior to adoption of this Ordinance):
29 Sec. 18-1. - Definitions.
30 The following words, terms and phrases, when used in this chapter, shall have the meanings
31 ascribed to them in this section, except where the context clearly indicates a different meaning:
32 Civil emergency means: Any serious incident, situation or combination of serious
33 circumstances resulting in a state that calls for immediate, urgent or extraordinary policy
34 considerations and decisions by the city to protect the public health, safety and welfare, property,
35 environment or the function of city operations including:
City of Cape Canaveral
Ordinance No. 03-2020
Page 4 of 6
1 (1) A riot or unlawful assembly characterized by the use of actual force or violence or any
2 threat to use force if accompanied by immediate power to execute by three or more
3 persons acting together without authority of law, or act of terrorism or war.
4 (2) Any natural disaster or manmade calamity, including flood, conflagration, cyclone,
5 tornado, hurricane, earthquake or explosion, within or near the corporate limits of the
6 city resulting in, or having the high probability of causing, the death or injury of persons
7 or the destruction of property to such an extent that urgent or extraordinary measures
8 must be taken to protect the public health, safety and welfare.
9 (3) Any incident that poses an immediate threat to life, health, property, or environment.
10 (4) Any incident that has already caused loss of, or has a high probability of escalating to
11 cause immediate danger to, life, public health, property damage, or environmental
12 damage.
13 (5) Any serious medical emergency to the community such as a pandemic, plague, cholera,
14 ebola, malaria and other outbreaks of disease.
15 (6) Any incident that has caused, or poses an immediate threat to, the function of the city
16 such that city services are, or will be, seriously disrupted.
17
18 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
19 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
20 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
21
22 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
23 Canaveral City Code and any section or paragraph, number or letter and any heading may be
24 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
25 like errors may be corrected and additions, alterations, and omissions, not affecting the
26 construction or meaning of this Ordinance and the City Code may be freely made.
27
28 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
29 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
30 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed
31 a separate, distinct and independent provision, and such holding shall not affect the validity of
32 the remaining portions of this Ordinance.
33
34 Section 7. Effective Date. This Ordinance shall become effective immediately upon
35 adoption.
36
37
38
39
40
City of Cape Canaveral
Ordinance No. 03-2020
Page 5 of 6
1 ADOPTED by the City Council of the City of Cape Canaveral this 20th day of October, 2020.
2
3
4
5 Bob Hoog, Mayor
6
7 ATTEST: For Against
8
9 Mike Brown
10
11 Mia Goforth, CMC Robert Hoog
12 City Clerk
13 Mickie Kellum
14
15 Wes Morrison
Angela Raymond
16 First Reading: September 15, 2020
17 Advertisement: October 8, 2020
18 Second Reading: October 20, 2020
19
20 Approved as to legal form and sufficiency
21 for the City of Cape Canaveral only by:
22
23
24 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 03-2020
Page 6 of 6
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 9
Subject: Ordinance No. 05-2020; generally related to land use and zoning requirements;
authorizing the operation of "Mobile Food Dispensing Vehicles" as a temporary accessory use in
certain limited zoning districts in furtherance of Section 509.102(2), Florida Statutes and at special
events authorized by the City; providing general standards for operating Mobile Food Dispensing
Vehicles; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation
into the Code; severability; and an effective date, first reading.
Department: Community and Economic Development
Summary: At its December 13, 2017 Regular Meeting, the Planning and Zoning (P&Z) Board
discussed an item related to Mobile Food Dispensing Vehicles (MFDV), to include City policy which
did not allow the operation of MFDVs, other than at City approved Special Events (see definition in
Sec. 110.584-1 of proposed ordinance), such as Friday Fest or events approved through the City's
Outdoor Entertainment Event process for commercially -owned private property (e.g. Florida Beer
Company's Beerapalooza). Following the discussion, the Board reached a consensus to recommend
no change to City policy related to MFDVs.
With an effective date of July 1, 2020, the Florida Legislature enacted Section 509.102, Florida
Statutes that provides a limited preemption regarding the operation of MFDVs in Florida
municipalities. It is limited in that a municipality may not require a separate license, registration or
permit other than that required by the State or require the payment of any license, registration or
permit fee other than that required by the State. Furthermore, the preemption establishes a
municipality may not prohibit the operation of a vehicle within the entirety of its jurisdiction.
However, despite the legislation, the City maintains a high-level of home rule power with respect
to its ability to regulate land use, and in particular, the operation of MFDVs within City limits.
To recognize the provisions contained in Section 509.102, the City Attorney has prepared an
Ordinance (Attached) to authorize the operation of MFDVs as a temporary accessory use in certain
limited zoning districts. Highlights of the proposed locational guidelines include:
• As an accessory, temporary use on property zoned C-1, C-2 or M-1.
• To deliver food for sale during normal lunch or dinner hours to on -site employees of a
business located on property zoned C-1, C-2, or M-1.
• On public or private school property during a school -sponsored event.
• On City property or a public road during a Special Event, approved by the City, open to the
general public.
• On private property during a Special Event, approved by the City, which is private or open
to the public.
Highlights of the operational standards include:
• When operating on private property, a notarized affidavit signed by the property owner is
required.
• The property must be a developed site.
• A MFDV may operate at a single location no more than three (3) consecutive days. A MFDV
selling food during lunch or dinner hours is not subject to this standard.
City of Cape Canaveral
City Council Meeting — October 20, 2020
Agenda Item No. 9
Page 2 of 2
• Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.
• The MFDV shall operate on a paved surface and not exceed 600 square feet.
• Unless specifically authorized by the City's Special Event Permit, outdoor dining areas are
prohibited to include tables, chairs, benches, etc., unless
• The operation of a MFDV shall not interfere with vehicular or pedestrian traffic.
• No additional signage other than that which is affixed and displayed on the MFDV is
allowed.
• Amplified music or other sounds for purposes of attracting customers is not allowed.
• A MFDV shall not discharge waste, fat, oil, grease or similar substance from the vehicle.
• A copy of all applicable license(s) shall be maintained on the MFDV at all times.
• The operation of a MFDV on private property must be within an area specifically authorized
for accessory temporary outdoor sales on a previously approved site plan. If there is no
specific authorization, the property owner shall be required to obtain supplemental site plan
approval pursuant to Chapter 110, Article VI of City Code. Such approval shall include the
submittal of a site plan detailing, among other things, the proposed location of the MFDV
on the property. A MFDV selling food during lunch or dinner hours is not subject to this
standard.
Due to the passage of Section 509.102 Florida Statutes, it is no longer sustainable to maintain an
outright ban of MFDVs within the City limits. It is incumbent on the City to adopt reasonable
locational and operational standards to provide for this use while exercising its land use controls to
ensure the public's health, safety and welfare.
At its September 24, 2020 meeting, the Planning & Zoning Board unanimously recommended
approval of Ordinance No. 05-2020.
Submitting Department Director: David Dickey Date: 10/12/2020
Attachment:
Ordinance No. 05-2020
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: 10/02/2020
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 05-2020, first reading.
Approved by City Manager: Todd Morley Date: 10/12/2020
1 ORDINANCE NO. 05-2020
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, GENERALLY RELATED TO LAND USE AND
5 ZONING REQUIREMENTS; AUTHORIZING THE OPERATION OF
6 "MOBILE FOOD DISPENSING VEHICLES" AS A TEMPORARY
7 ACCESSORY USE IN CERTAIN LIMITED ZONING DISTRICTS IN
8 FURTHERANCE OF SECTION 509.102(2), FLORIDA STATUTES AND AT
9 SPECIAL EVENTS AUTHORIZED BY THE CITY; PROVIDING GENERAL
10 STANDARDS FOR OPERATING MOBILE FOOD DISPENSING
11 VEHICLES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
12 ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE
13 CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
14
15 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
16 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
17 law; and
18
19 WHEREAS, the Florida Legislature recently enacted Section 509.102, Florida Statutes,
20 which defines the term "mobile food dispensing vehicle" as any vehicle that is a public food service
21 establishment and that is self-propelled or otherwise moveable from place to place and includes
22 self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal;
23 and
24
25 WHEREAS, the City Council recognizes that effective July 1, 2020, Section 509.102, Florida
26 Statutes provides a limited state preemption regarding "mobile food dispensing vehicle" and that
27 a municipality may not require a separate license, registration, or permit other than the license
28 required by the state, or require the payment of any license, registration, or permit fee other than
29 the fee required by the state, as a condition for the operation of a mobile food dispensing vehicle
30 within the municipality; and
31
32 WHEREAS, the City Council also recognizes that Section 509.102, Florida Statutes,
33 provides that a municipality may not prohibit mobile food dispensing vehicles from operating
34 within the entirety of a municipal jurisdiction; and
35
36 WHEREAS, the City Council further finds that although Section 509.102, Florida Statutes
37 does preempt municipalities in certain areas, Section 509.102, Florida Statutes is intended to be a
38 partial preemption of municipal home rule authority because it expressly states that "this section
39 may not be construed to affect a municipality, county, or other local governmental entity's
40 authority to regulate the operation of mobile food dispensing vehicles other than the regulations
City of Cape Canaveral
Ordinance No. 05-2020
Page 1 of 12
1 described in Section 509.102(2), Florida Statutes; and
2
3 WHEREAS, the City Council hereby finds that despite Section 509.102, Florida Statutes,
4 municipalities continue to enjoy significant home rule authority to regulate land use, zoning and
5 operational standards related to mobile food dispensing vehicles; and
6
7 WHEREAS, under regulated circumstances, mobile food dispensing vehicles provide a
8 valuable and convenient service to the community by providing food and beverage options at
9 special events and other appropriate venues; and
10
11 WHEREAS, the City Council wishes to support convenient food and beverage options at
12 special events and other appropriate venues and encourage and support local business and
13 entrepreneurship by adopting uniform regulations to allow the operation of mobile food
14 dispensing vehicles within the City consistent with the preemption provided in Section 509.102,
15 Florida Statutes; and
16
17 WHEREAS, the City Council finds that the use and operation of mobile food dispensing
18 vehicles on real property directly affects the use of land within the City, and therefore, such uses
19 are subject to the City's legitimate land use and zoning powers under the Florida Municipal Home
20 Rule Powers Act, Community Planning Act and other applicable law. See also, Village of Euclid,
21 Ohio v. Ambler Realty Co., 272 U.S. 365 (1926) (The concept of planning and zoning is a legitimate
22 exercise of the police power of municipalities.); and
23
24 WHEREAS, unless the operation of mobile food dispensing vehicles within the City is
25 limited to certain commercial and industrial zoning districts or temporary special events, and
26 subject to some level of site plan review by the City to ensure that the real property on which they
27 operate is suitable to accommodate such use, the operation of such vehicles may negatively
28 impact the use of real property and surrounding properties and create public nuisances; and
29
30 WHEREAS, the City Council desires to avoid such negative impacts and public nuisances;
31 and
32
33 WHEREAS, the City Council also finds that the use and operation of mobile food
34 dispensing vehicles should be governed by other traditional land use and zoning requirements as
35 more specifically stated herein in order to avoid adverse negative effects which may be cause by
36 the operation of such vehicles on real property and safeguard the community; and
37
38 WHEREAS, the City Council further finds that for mobile food dispensing vehicles to
39 successfully operate their respective businesses for profit within the jurisdictional limits of the City,
40 such vendors must also rely upon and use City streets; and
City of Cape Canaveral
Ordinance No. 05-2020
Page 2 of 12
1
2 WHEREAS, the City Council additionally finds and recognizes that Florida courts have long
3 held that municipalities have the historic ability to regulate commercial use of City streets and
4 that the use of public roads for profit is a privilege, not a right, and can be regulated and controlled
5 by the government in furtherance of the public health, safety and welfare. See Seaboard Air Line
6 Ry. Co. v. Wells, 100 Fla. 1027, 1034, 130 So. 587, 591 (Fla. 1930); Pennington v. Quigg, 94 Fla. 1056,
7 1065, 114 So. 859, 862 (Fla. 1927) (The right to use City streets for conducting private business is
8 not an inherent right and can only be acquired by permission or license from the city); Jarrell v.
9 Orlando Transit Co., 123 Fla. 776, 778, 167 So. 664, 665 (Fla. 1936) (There is then no such thing as
10 a natural right to use the public highways for commercial purposes. A city may grant a limited
11 right to use the streets for private business, but such is "a privilege that may be restricted or
12 withdrawn at the discretion of the granting power. The power to do so is plenary and may extend
13 to absolute prohibition"); and
14
15 WHERAS, the City Council deems that it is necessary to regulate mobile food dispensing
16 vehicles operating upon streets within the City so such vendors operate in areas with sufficient
17 pedestrian traffic and in a manner that avoids traffic conflicts and congestion and otherwise
18 generally protects public safety and does not detract from the aesthetic beauty and attractiveness
19 of the surrounding streetscape and properties; and
20
21 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
22 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
23 Cape Canaveral.
24
25 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
26 ORDAINS, AS FOLLOWS:
27 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
28 this reference as legislative findings and the intent and purpose of the City Council of the City of
29 Cape Canaveral.
30
31 Section 2. Mobile Food Dispensing Vehicles. The City of Cape Canaveral Code of
32 Ordinances, Chapter 110, Zoning, Article IX, Division 9 Mobile Food Dispensing Vehicles and Other
33 Mobile Vendors is hereby created as set forth below (underlined type indicates additions and
34 strikeout type indicates deletions):
35
36 CHAPTER 110 — ZONING
37
38
39
City of Cape Canaveral
Ordinance No. 05-2020
Page 3 of 12
1 ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
2
3 ***
4
5 Division 9. Mobile Food Dispensing Vehicles and Other Mobile Vendors.
6
7 Sec. 110-584.1. - Mobile Food Dispensing Vehicles.
8
9 (a) Purpose and intent. The purpose and intent of this section is to establish land use
10 and zoning regulations for real property upon which a mobile food dispensing vehicle is
11 authorized to operate within the jurisdictional limits of the City. Mobile food dispensing vehicles,
12 except for those operating on real property authorized in this section, are prohibited and unlawful
13 on other real property not so authorized. This section is neither intended to prohibit mobile food
14 dispensing vehicles from operating within the entirety of the City nor regulate the licensing,
15 registration, permitting and fees of mobile food dispensing vehicles preempted by the state under
16 section 509.102, Florida Statutes.
17
18 Definitions. As used in this section, the following words and phrases shall have the
19 following meanings, unless the context clearly indicates that a difference meaning is intended:
20
21 Accessory shall mean clearly incidental or subordinate to and customary in
22 connection with the principal building or use on a developed site and which is
23 located on the same lot or parcel with such principal building or use.
24
25 City Manager shall mean the City Manager or designee thereof.
26
27 Developed site shall mean real property upon which a building and other
28 permanent improvements have been legally constructed and which is currently in
29 compliance with all land development regulations and the City Code.
30
31 Food shall mean all substances commonly used for human consumption as food,
32 beverage, confectionery or condiments, whether simple, mixed or compound, and
33 all substances or ingredients used in preparation thereof.
34
35 Mobile Food Dispensing Vehicle shall have the same meaning as that term is defined
36 in Section 509.102(1), Florida Statutes, and upon the effective date of this Section
37 means any vehicle that is a public food service establishment and that is self-
38 propelled or otherwise moveable from place to place and includes self-contained
39 utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal.
40
City of Cape Canaveral
Ordinance No. 05-2020
Page 4 of 12
1 Public road shall mean any public right-of-way for cars and trucks in the city.
2
3 Special event shall mean any organized, temporary public or private celebration or
4 gathering of people which requires a City special event permit including by way of
5 example events relating to athletic contests, carnivals, fairs, cook -offs,
6 entertainment, dancing, music concerts, dramatic productions, art exhibitions,
7 parades, fundraisers (such as religious, charitable, patriotic or philanthropic events),
8 or the sale of merchandise, food or alcohol, or any combination of the foregoing.
9
10 (c) Authorized Locations. Subject to the terms and conditions set forth in subsection
11 (d), mobile food dispensing vehicles shall be allowed to operate within the jurisdictional limits of
12 the City in the following authorized areas:
13
14 (1) As a temporary accessory use on property which is designated C-1, C-2 or
15 M-1 on the City's official zoning map.
16
17 (2) To deliver food for sale during normal lunch (approximately 12:00 PM) or
18 dinner (Approximately 6:00 PM) time to employees on -site of an existing
19 business located on property with a zoning designation of C-1, C-2 or M-
20 1. Sale of food shall be strictly limited to only the employees of the business
21 working on -site during normal business hours of the business. The sale to
22 any other persons shall be strictly prohibited unless the sales occur within
23 an area on which the subject property owner has obtained site plan
24 approval for accessory temporary outdoor sales pursuant to the provisions
25 of this Section. Sales permitted under this subsection shall be limited to
26 no more than two (2) hours on any day in which the business being served
27 is open for employees to work. The sale of food authorized by this
28 subsection shall be exempt from subsections (d)(4) and (d)(6) of this
29 Section.
30
31 (3) Within a clearly delineated area on City property or a public road which has
32 been specifically and temporarily set aside for a mobile food dispensing
33 vehicle to operate during a special event which is open to the general
34 public, provided the event has been lawfully permitted by the City and any
35 mobile food dispensing vehicle has been contractually arranged by the
36 event organizer to be part of the event.
37
38 (4) Within a clearly delineated area on public or private school property which
39 has been specifically and temporarily set aside for a mobile food dispensing
40 vehicle to operate during a school sponsored event held entirely on school
City of Cape Canaveral
Ordinance No. 05-2020
Page 5 of 12
1 property which is open to the faculty and student body, provided the event
2 has been lawfully permitted by the City and any mobile food dispensing
3 vehicle has been contractually arranged by the school to be part of the
4 event.
5
6 (5) Within a clearly delineated area on private property which has been
7 specifically and temporarily set aside for a mobile food dispensing vehicle
8 to operate during a special event held entirely on private property which is
9 private or open to the general public, provided the event has been lawfully
10 permitted by the City and any mobile food dispensing vehicle has been
11 contractually arranged by the event organizer to be part of the event.
12 However, a mobile food dispensing vehicle shall not be allowed to operate
13 on any existing single or multi -family residential use property unless the
14 area being used is common area of a residential project with at least fifty
15 (50) dwelling units. Additionally, a special event allowed on private
16 property under this subsection shall be limited to no more than one event
17 per calendar quarter.
18
19 (d) Conditions of Land Use and Operational Standards. The following land use and
20 operational standards shall apply to all mobile food dispensing vehicles operating within the City:
21
22 (1) When the mobile food dispensing vehicle will be operating on private
23 property, a notarized affidavit signed by the property owner indicating that
24 the vehicle has permission to operate and vend on the property shall be
25 submitted to the City. The affidavit must be on a form approved and
26 provided by the City and shall also indicate that the property owner
27 acknowledges the following requirements:
28
29 a. The property owner shall comply with all ordinances regarding solid
30 waste disposal and must provide the vehicle access to solid waste collection
31 on the subject property;
32 b. The property owner shall require that the vehicle meet all applicable
33 federal, state and local statutes, regulations, laws, ordinances, rules and
34 codes including, but not limited to, applicable land use and zoning
35 requirements regarding the subject property including site plan
36 requirements;
37 c. The property owner shall acknowledge that the property owner
38 understands the regulations governing mobile food dispensing vehicles
39 and will be held responsible, along with the vehicle owner, for any code
40 violations; and
City of Cape Canaveral
Ordinance No. 05-2020
Page 6 of 12
1 d. The property owner shall ensure that the property will be continuously
2 maintained in a neat, clean, and orderly manner; and
3 e. The property owner shall ensure the mobile food dispensing vehicle be
4 limited to operating as a temporary accessory use on the subject property.
5
6 (2) The subject property must be a developed site. The subject property must
7 not be vacant or unimproved.
8
9 (3) No more than one (1) mobile food dispensing vehicle shall be parked or in
10 operation on a single property at any given time, except multiple mobile
11 food dispensing vehicles may be allowed with express written permission
12 of the City during an authorized special event.
13
14 (4) A mobile food dispensing vehicle may operate at a single location up to a
15 maximum of four (4) days per week but no more than three (3) consecutive
16 days, or if operation is allowed as part of a special event permit, said
17 vehicles may operate in accordance with the duration of the special event
18 permit.
19
20 (5) Except with the express written permission of the City during an authorized
21 special event, hours of operation shall be limited between 7a.m. and 10p.m.
22
23 (6) The person in charge of the mobile food dispensing vehicle when in
24 operation on the developed site must be present at all times during hours
25 of operation.
26
27 (7) When the mobile food dispensing vehicle will be operating on private
28 property, the vehicle must be parked when in operation within an area on
29 the property specifically authorized for accessory temporary outdoor sales
30 on the property owner's master site plan previously approved by the City.
31 If the property owner does not have specific site plan approval for accessory
32 temporary outdoor sales on the master site plan, the property owner shall
33 be required to obtain supplemental site plan approval pursuant to the
34 minor site plan amendment review procedure and criteria under Chapter
35 110, Article VI of the City Code before the mobile food dispensing vehicle
36 may operate as an accessory use on the subject property. For purposes of
37 obtaining supplemental site plan approval, the property owner shall submit
38 a site plan or detailed sketch depicting the proposed location of temporary
39 mobile food dispensing vehicle operations; all parking spaces, entrances
40 and exits to and from the site; and distances from any buildings or
City of Cape Canaveral
Ordinance No. 05-2020
Page 7 of 12
1 structures, sidewalks, rights -of -way, fire hydrants, fire lanes and landscaped
2 areas, storm drains, and such other information or documentation deemed
3 by the City to be reasonably necessary to authorize outdoor accessory
4 temporary sales on the subject property in a manner that is compatible with
5 the existing uses on the subject property and the surrounding area and
6 protects the public health, safety and welfare of the citizens of the City. The
7 supplemental site plan submittal requirements required under this
8 subsection for mobile food dispensing vehicles are in lieu of the site plan
9 amendment submittal requirements under section 110-222 unless major
10 building or infrastructure improvements are being proposed to
11 accommodate the mobile food dispensing vehicles. The mobile food
12 dispensing vehicle temporary sales area must be on a paved surface and
13 not exceed an area of 600 square feet unless the City determines more area
14 is required and the subject property clearly has ample space to support a
15 larger sales area. The approved area must not adversely affect existing uses
16 on the subject property or the flow of pedestrian and vehicular traffic on
17 the developed site. There must be an adequate number of parking spaces
18 available for the general public visiting the developed site. Supplemental
19 site plan approval granted by the City under this subsection is subject to
20 being suspended or revoked pursuant to subsection (e) or at such time the
21 master site plan is revoked or modified by the City.
22
23 (8) Outdoor dining areas are prohibited including, but not limited to, tables,
24 chairs, booths, bar stools, benches, and standup counters, except if dining
25 areas are allowed with express written permission of the City during an
26 authorized special event.
27
28 (9) Mobile food dispensing vehicles selling or dispensing of food to customers
29 in a moving vehicle or otherwise engaging in drive -up sales is prohibited.
30
31 (10) A mobile food dispensing vehicle shall not be located on private property
32 upon which uncorrected code violations exist, or which is under citation for
33 code violations.
34
35 (11) Mobile food dispensing vehicles and all materials associated with such
36 vehicles must physically be moved at least daily and cannot remain on the
37 subject property outside the approved hours of operation unless otherwise
38 allowed by the City for special events. Overnight parking of mobile food
39 dispensing vehicles is prohibited unless located within an enclosed garage
40 or on property zoned for an authorized open storage use and said storage
City of Cape Canaveral
Ordinance No. 05-2020
Page 8 of 12
1 complies with any applicable storage requirements set forth in the City
2 Code.
3
4 (12) Mobile food dispensing vehicles shall not sell alcohol unless specifically
5 approved as part of a special event or other permit approved by the City.
6 The alcohol -related restrictions of Chapter 6 of the City Code are applicable
7 unless otherwise authorized by the City Code, or expressly waived by the
8 City.
9
10 (13) The operation of a mobile food dispensing vehicle must not obstruct or
11 interfere with vehicular or pedestrian traffic, building access, fire lanes,
12 crosswalks, driveways, fire hydrants, loading areas, stormwater drainage
13 systems, or landscape buffers associated with the principal use.
14
15 (14) Mobile food dispensing vehicles must not enter or park upon playgrounds,
16 playing fields and courts, sidewalks, footpaths or bicycle paths.
17
18 (15) Mobile food dispensing vehicles must not enter or park upon any "no
19 parking" area, loading zone, driveway, handicapped parking space, or
20 designated public safety lane (e.g., fire lanes) or within twenty (20) feet of a
21 crosswalk or within fifteen (15) feet of a fire hydrant or storm drainage
22 structure.
23
24 (16) No additional signage shall be permitted on the developed site related to
25 the mobile food dispensing vehicle except as to signage permanently
26 affixed and displayed on the vehicle.
27
28 (17) Amplified music or other sounds from any mobile food dispensing vehicle
29 or from audio equipment installed on the developed site by the property
30 owner or person in charge of the vehicle for purposes of vending, attracting
31 or encouraging the congregation of customers shall be prohibited.
32
33 (18) Mobile food dispensing vehicles shall maintain an appropriate number and
34 size of operable fire extinguishers.
35
36 (19) The operation of a mobile food dispensing vehicles shall not create or cause
37 nuisance conditions to include, but not be limited to, displaying flags or
38 unauthorized signage, loud noises, visual glare, flashing or animated lights,
39 shouting or amplified music or sound, excessive fumes or smoke,
40 environmental hazards, and any vehicular or pedestrian hazard.
City of Cape Canaveral
Ordinance No. 05-2020
Page 9 of 12
1
2 (20) The grounds around the mobile food dispensing vehicle and within the
3 vending space shall be kept free of litter, trash, paper and waste at all times.
4 Waste containers shall be provided and all trash shall be taken with the
5 vehicle when the vendor leaves or placed inside a commercial solid waste
6 dumpster provided by the property owner and in use and located on the
7 developed site.
8
9 (21) Mobile food dispensing vehicles must not discharge waste, fat, oil, grease
10 or such other similar substances from the vehicle. All such substances
11 related to or generated from the vehicle shall be taken with the vehicle
12 when vehicle leaves the subject property and disposed of in accordance
13 with law.
14
15 (22) Mobile food dispensing vehicles shall comply with all applicable federal,
16 state and local laws, rules and regulations including, but not limited to, the
17 standards specified by Chapter 5K-4.002, Florida Administrative Code, and
18 the U.S. Food and Drug Administrative 2001 Food Code, as such laws, rules
19 and regulations may be amended from time to time.
20
21 (23) A copy of the appropriate licenses) issued from the Florida Department of
22 Business & Professional Regulation (Division of Hotels and Restaurants)
23 shall be maintained on the mobile food dispensing vehicle at all times when
24 the vehicle is in operation on real property located within the City, and shall
25 be made available for inspection upon request by the City's law or code
26 enforcement officers.
27
28 (e) Penalties.
29
30 (1) Owners and operators of mobile food dispensing vehicles, and property
31 owners on which such vehicles operate, shall be joint and severally liable
32 for any violations of this section. The penalty provisions set forth in section
33 1-15 of the City Code shall apply to violations of this section.
34
35 (2) In addition to the penalties authorized by subsection (1), the City Manager
36 may also suspend or revoke the property owner's site plan approval for
37 accessory temporary outdoor sales and/or special event permit, as may be
38 applicable, upon a finding that a mobile food dispensing vehicle was
39 operating on the subject property in violation of this section. Prior to
40 suspending or revoking the applicable site plan approval and/or special
City of Cape Canaveral
Ordinance No. 05-2020
Page 10 of 12
1 event permit, the City Manager shall:
2
3 (i) Afford the property owner notice of the violation(s) and a
4 reasonable, informal opportunity to be heard regarding the
5 violation(s);
6
7 (ii) Consider the property owner's past record of compliance with this
8 section and related laws; and
9
10 (iii) Consider the degree of risk to public health, safety, and welfare
11 arising from the alleged violation(s) in evidence.
12
13 (3) The City Manager's decision under subsection (2) shall be rendered in
14 writing and shall be deemed final.
15
16 (4) Any site plan approval or special event permit suspended or revoked
17 pursuant to this subsection shall immediately be void and of no further use
18 and effect to any person. If revoked, the property owner shall be prohibited
19 from seeking subsequent site plan approval for accessory temporary
20 outdoor sales or a special event permit for the subject property for a period
21 of one (1) year from the date of the revocation.
22
23 (5) The operation of a mobile food dispensing vehicle without a valid site plan
24 approval for accessory temporary outdoor sales or special event permit
25 (including if operated during a period of license suspensions or revocation)
26 shall subject the owner of the property and the owner of the vehicle and
27 operator thereof to code enforcement action, civil action, or action as
28 otherwise allowed by state law or the City Code.
29
30
31 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
32 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
33 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
34
35 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
36 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
37 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
38 and like errors may be corrected and additions, alterations, and omissions, not affecting the
39 construction or meaning of this ordinance and the City Code may be freely made.
40
City of Cape Canaveral
Ordinance No. 05-2020
Page 11 of 12
1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
5 the validity of the remaining portions of this Ordinance.
6
7 Section 6. Effective Date. This Ordinance shall become effective immediately upon
8 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
9 Charter.
10
11 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
12 , 2020.
13
14
15
16
17 Bob Hoog, Mayor
18
19 ATTEST: For Against
20
21 Mike Brown
22
23 Mia Goforth, CMC Robert Hoog
24 City Clerk
25 Mickie Kellum
26
27 Wes Morrison
28
29 Angela Raymond
30
31 First Reading: October 20, 2020
32 Advertisement:
33 Second Reading:
34
35
36 Approved as to legal form and sufficiency
37 for the City of Cape Canaveral only by:
38
39
40 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 05-2020
Page 12 of 12
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 10
Subject: Ordinance No. 06-2020; establishing alternative parking surfaces, sustainable green
parking lot alternatives and bicycle parking requirements by amending Chapter 110 Zoning, Article
IX, Division 2. — Offstreet Parking of the City Code; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the Code, severability and an effective date, first
reading.
Department: Community and Economic Development
Summary: City Council accepted the City's Vulnerability Assessment at its August 20, 2019, Regular
Meeting. Low Impact Development "includes the innovative design of parking lots which are a
major source of impervious pavement. Green Parking Lots, with high levels of natural absorbent
landscaping are a great mitigation strategy to help reduce stormwater run-off, increases natural
filtration, reduces the heat island effect and improves water quality." Furthermore, "To achieve
greener parking lots, the City should assess local codes to minimize the land area devoted to
parking by reducing parking stall dimensions, promote shared parking and reduce the
minimum number of parking spaces required." (emphasis added)
At its November 19, 2019 Regular Meeting, the City Council discussed the need to revise the City's
off-street parking requirements to provide for more environmentally green and sustainable parking
lot facilities. The Minutes of said Meeting reflect Council discussion including "parking regulations
related to private and commercial properties, parking on grass in residential and commercial areas,
sustainability solutions, impacts on the Indian River Lagoon, harmful nature of minimum parking
requirements across the country and moving away from minimum dimensions."
As requested by Council, the Planning and Zoning (P&Z) Board, at its December 4, 2019 Meeting,
discussed possible revisions to City Code related to off-street parking, to include:
• the size of off-street parking spaces;
• the creation of a new category of parking spaces for compact cars;
• establishing standards for alternative parking;
• providing for administrative parking reductions; and
• the use of Alternative Parking Surfaces.
After much discussion on the topic, the P&Z Board requested Staff prepare a draft Ordinance. In
response, the City Attorney prepared the attached Ordinance reflecting the Board's previous
discussion. Highlights of the proposed ordinance, which represents a significant policy change on
how the City manages off-street parking, include:
• Reduce the minimum paved area for a parking space from 180 to 162 square feet and
reduce the minimum width from 10 to 9 feet.
• Create a compact parking space provision with minimum dimensions of eight (8) feet in
width and a minimum length of 16 feet. Parking areas of seven or more spaces may include
up to 30 percent of the required spaces to be dedicated for compact parking.
• Parking areas with 20 or more spaces may substitute up to five (5) spaces or five (5) percent
of the required auto parking spaces with motorcycle spaces.
City of Cape Canaveral
City Council Meeting — October 20, 2020
Agenda Item No. 10
Page 2 of 2
• Allow for administrative parking reductions for residential and mixed -use projects up to 15
percent of the required parking. No person shall change a use of land subject to a parking
reduction.
• Encourage the use of pervious parking surfaces by reducing the number of required spaces
by a maximum of 10 percent.
• Require parking spaces in excess of 110 percent of the required spaces, be improved with a
pervious surface.
• Allow for the use of Alternative Parking Surfaces that result in a more environmentally green
and sustainable parking facility by demonstrating consistency and compliance with a
significant combination of the following factors:
o Inclusion of facilities for alternative modes of transportation.
o Incorporation of onsite shared parking facilities.
o The aesthetic and environmentally friendly integration of the parking facility into the
surrounding built and natural environment.
o Management of water as a resource by promoting increased onsite infiltration and
retention.
o Minimizing the heat island effect through shading and use of alternative pavement
materials.
o Conservation of energy usage; encourage the use of sustainable energy infrastructure
such as solar lighting.
o Elimination of excess lighting.
o Creation of community focal points.
o Providing a sustainable growing environment for generous planting and tree rooting
areas.
• Establishes minimum maintenance standards for Alternative Parking Surfaces.
At its September 24, 2020 Meeting, the P&Z Board unanimously recommended approval of
Ordinance No. 06-2020.
Submitting Department Director: David Dickey Date: 10/12/2020
Attachment:
Ordinance No. 06-2020
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: 10/02/2020
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 06-2020, first reading.
Approved by City Manager: Todd Morley Date: 10/12/2020
1 ORDINANCE NO. 06-2020
2
3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY
4 FLORIDA; ESTABLISHING ALTERNATIVE PARKING SURFACES, SUSTAINABLE
5 GREEN PARKING LOT ALTERNATIVES AND BICYCLE PARKING
6 REQUIREMENTS BY AMENDING CHAPTER 110 ZONING, ARTICLE IX,
7 DIVISION 2. — OFF-STREET PARKING OF THE CITY CODE; PROVIDING FOR THE
8 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
9 INCORPORATION INTO THE CODE, SERVERABILITY AND AN EFFECTIVE DATE.
10
11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
13 law; and
14
15 WHEREAS, on August 20 2019, the City Council accepted the Resilient Cape Canaveral
16 Report which promotes the implementation of innovative designs of parking lots including
17 reducing the size of spaces, lots and pervious surfaces, as well as promoting natural absorbent
18 landscaping, for purposes of improving natural infiltration of rainfall and water quality, reducing
19 stormwater runoff to the Banana River Lagoon and reducing heat island effects caused by pervious
20 paved parking lots; and
21
22 WHEREAS, the City Council hereby finds that the environmental sustainability efforts set
23 forth in this Ordinance serve a legitimate governmental purpose for the overall betterment of the
24 community; and
25
26 WHEREAS, the City's Land Planning Agency reviewed and recommended approval of the
27 Ordinance at its September 24, 2020 meeting; and
28
29 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
30 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
31 Cape Canaveral.
32
33 BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,
34 Florida, as follows:
35
36 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
37 this reference as legislative findings and the intent and purpose of the City Council of the City of
38 Cape Canaveral.
39
City of Cape Canaveral
Ordinance No. 06-2020
Page 1 of 11
1 Section 2. Code Amendment. Chapter 110 — Zoning, Article IX, Division 2. —
2 Offstreet Parking is hereby amended as follows (underlined type indicates additions and strikeout
3 type indicates deletions, while *** indicate deletions from this Ordinance of said Chapter, Article
4 and Division that shall remain unchanged in the City Code):
5
6 Chapter 110 — ZONING
7
8 ***
9 Article IX. Supplementary District Regulations
10
11 ***
12 Division 2. — OFFSTREET PARKING
13
14
15 Sec. 110-491. - Number of spaces required.
16
17 There shall be provided at the time of the erection or change of use of any main building
18 or structure or at the time any main building or structure is enlarged or increased in
19 capacity, by adding dwelling units, guestrooms, floor area or seats, minimum offstreet
20 automobile parking space with adequate provisions for ingress or egress in accordance
21 with the following:
22 ***
23
24 (15) All other uses. To be determined by the city manager or designee building official,
25 who shall use the ratios established in this section as a standard for determining the
26 requirements.
27
28 Sec. 110-492. - Location of spaces.
29
30 (a) Parking spaces for all residential uses shall be located on the same property as the
31 main building, except that one-half the total number of required spaces for multiple -family
32 dwellings, townhouses and mobile homes may be located in a common parking facility
33 not more than 200 feet distant from the nearest boundary of the main building site.
34 (b) Parking spaces for other uses other than residential shall be provided on the same
35 lot or off -site on an adjacent or different property not more than 500 feet distant distance
36 measured from the nearest point of public entrance to the building to the nearest point
37 of the off -site parking area. The availability of off -site parking shall be marked with
City of Cape Canaveral
Ordinance No. 06-2020
Page 2 of 11
1 directional signage. A convenient pedestrian connection shall be provided between the
2 properties.
3 (c) Parking requirements for two or more uses of the same or different types may be
4 satisfied by the allocation of the required number of spaces for each use in a common
5 parking facility.
6 (d) Required offstreet parking areas for seven or more automobiles shall have individual
7 spaces marked and shall be so designed, maintained and regulated that no parking or
8 maneuvering shall be on any landscaped buffer, public street, walk or alley and so that any
9 automobile may be parked and unparked without moving another, allowing, however, a
10 driveway of not more than 24 feet total on any street or alley for ingress or egress to the
11 offstreet parking area.
12 (e) Parking spaces, access drives and aisles, and dumpster areas are permitted within
13 setbacks.
14 (f) Temporary parking on unpaved areas may be approved by the city manager or
15 designee as part of a permitted outdoor entertainment event or city special event. Such
16 approval shall apply only to properly licensed, operable motor vehicles for a specified
17 limited duration.
18 (g) Whenever a property owner or owners desire to propose a shared or off -site parking
19 arrangement on an adjacent or different property, the property owner(s) shall submit a
20 written explanation to the community development director explaining how the shared or
21 off -site parking arrangement will function in a safe and efficient manner consistent with
22 the requirements of the City Code. If the community development director and city
23 engineer determine that the arrangement will function sufficiently, the arrangement may
24 be approved by the City subject to the property owner(s) submitting a written cross access
25 and parking easement to the community development director for consideration and
26 approval by the City. If approved, the easement shall be recorded in the Official Records
27 of Brevard County, Florida prior to the shared or off -site parking arrangement becoming
28 effective and shall run with the land of the affected properties. If any party to the
29 easement withdraws, the affected property owners shall be required to satisfy the parking
30 requirements on -site in accordance with the provisions of the City Code.
31 ***
32 Sec. 110-494. — Dimensions.
33
34 (a) Offstreet parking spaces shall consist of a minimum paved area of 180 162
35 square feet for parking an automobile, exclusive of access drives or aisles thereto.
36 The minimum width of each space shall be 10 9 feet and minimum length shall be
37 18 feet.
City of Cape Canaveral
Ordinance No. 06-2020
Page 3 of 11
1
2 (b) Compact Parking Spaces. In parking areas for seven or more automobiles,
3 up to 30% of the total required parking spaces may be compact. The minimum
4 width of each space shall be 8 feet and minimum length shall be 16 feet. All
5 Compact spaces shall be prominently marked, posted and oriented to discourage
6 use by non -compact vehicles.
7
8 Sec. 110-495. — Alternative Sustainable Green Parking Lots.
9
10 (a) The city manager or designee may approve alternative parking
11 requirements and plans for commercial, industrial, multi -family, and mixed-
12 use developments in lieu of the standard parking requirements set forth in
13 the City Code as an incentive to encourage the construction of sustainable
14 green parking lots. Alternative parking requirements and plans may be
15 approved upon a finding that the alternative parking requirements and
16 plans will not only provide adequate parking for the affected land uses on
17 the subject property, but will also result in a more environmentally green
18 and sustainable parking lot by demonstrating consistency with the intent
19 and purpose of this section and compliance with a significant combination
20 of the following factors:
21
22 (i) The inclusion of facilities for alternative modes of transportation and
23 vehicles such as bicycles, motorcycles and compact vehicles;
24
25 (ii) The incorporation of long term shared parking facilities and
26 arrangements with affected on -site land uses with varying parking
27 demands or adjacent properties that reduce the number of required
28 parking spaces. Shared parking facilities and off -site parking
29 arrangements with adjacent or different properties shall be subject to the
30 requirements set forth in Section 110-492 of the City Code;
31
32 (iii) The aesthetic and environmentally friendly integration of the parking
33 facility into the surrounding built and natural environment;
34
35 (iv) Management of water as a resource by promoting infiltration and
36 natural water retention systems;
37
38 (v) Minimizing the heat island effect through effective and generous
39 shading, reduced parking spaces and alternative pavement materials;
40
City of Cape Canaveral
Ordinance No. 06-2020
Page 4 of 11
1 (vi) Conservation of energy usage by encouraging the placement of
2 sustainable energy infrastructure such as solar lighting and low energy
3 usage infrastructure;
4
5 (vii) Eliminating excess lighting that can waste energy, cause light
6 trespass, and diminish dark sky vistas;
7
8 (viii) Creation of focal points that add community character;
9
10 (ix) Providing a suitable growing environment for generous planting and
11 tree rooting areas by implementing safe and healthy planting practices
12 including, but not limited to, planting native high grade plant species,
13 improving soil conditions, incorporating watering and natural moisture
14 delivery and drainage systems to sustain plantings, incorporating
15 bioretention areas, and planting plant materials in groups and large swaths
16 to minimize maintenance and weeding costs.
17
18 (b) This section shall be liberally construed to implement sustainable green parking
19 facilities within the City of Cape Canaveral in lieu of traditional, less environmentally
20 friendly parking standards. The design, construction and maintenance of sustainable
21 green parking lot facilities shall be governed by commonly acceptable industry
22 standards for such facilities. The City Manager or designee is hereby authorized to
23 approve such standards to be utilized by the City in considering development permit
24 applications in furtherance of this section.
25
26 Sec. 110-496. — Administrative parking reductions.
27
28 Where two or more adjacent nonresidential uses have distinct and differing
29 peak parking usage periods, the city manager or designee may approve a
30 reduction in the required number of parking spaces provided said
31 reduction is adequately supported by the findings of a parking generation
32 study prepared by a duly qualified traffic engineer, or based on competent
33 substantial evidence of parking ratios adopted and successfully applied by
34 one or more Florida counties or other municipalities for the specific use.
35 The maximum reduction may be up to the number of parking spaces
36 required for the least intensive use.
37
38 (b) Parking areas with more than 20 spaces may substitute up to 5 standard
39 parking spaces or 5 percent of required automobile parking with
City of Cape Canaveral
Ordinance No. 06-2020
Page 5 of 11
1 motorcycle spaces. The minimum width of each space shall be 4 feet and
2 minimum length shall be 8 feet.
3
4 (c) The city manager or designee may grant a parking reduction for residential
5 and mixed use developments to allow the reduction of at least five parking
6 spaces, with the total reduction not to exceed 15 percent of the required
7 parking. The city manager or designee may grant a parking reduction
8 exceeding 15 percent for those uses that comply with the requirements of
9 subparagraph (b). Parking reductions are approved based on the operating
10 characteristics of a specific use. No person shall change a use of land that
11 is subject to a parking reduction except in compliance with the provisions
12 of this section.
13
14 (d) The city manager or designee may determine the minimum parking
15 requirements for a use which is not specifically referenced in section 110-
16 491 or for which an applicant has provided evidence that a specific use is
17 of such a unique nature that the applicable minimum parking ratio listed
18 should not be applied. The determination must be adequately supported
19 by the findings of a parking generation study prepared by a duly qualified
20 traffic engineer, or be based on competent substantial evidence of parking
21 ratios adopted and successfully applied by one or more Florida counties or
22 municipalities for the specific use.
23
24 (e) All off-street parking shall meet the following standards:
25
26 (i) The use of pervious all-weather hard surface is encouraged and can
27 reduce the minimum parking spaces required by this Section by a
28 maximum of ten (10) percent, provided ten (10) percent or more of the
29 required parking spaces utilize a pervious hard surface approved by the
30 City Engineer as an industry acceptable parking standard. In no instance
31 shall this reduction be combined with any other allowable reduction
32 that results in more than a ten (10) percent total reduction of the
33 minimum required parking spaces.
34 Example: Minimum required number of spaces = 100
35 Spaces paved with pervious surface = 10 (10% of required)
36 Reduced total number of required spaces = 90 (10 of which are
37 pervious)
38
39 (ii) Parking spaces provided in excess of one hundred ten (110) percent of
40 the minimum required by this Section shall utilize a pervious hard
City of Cape Canaveral
Ordinance No. 06-2020
Page 6 of 11
1 surface or an alternative parking surface material provided the spaces
2 comply with the requirements identified herein and such surface is
3 approved by the City Engineer as an industry acceptable parking
4 standard.
5
6 (iii) Alternative parking surface materials.
7
8 (1) Gravel parking surfaces may be utilized only if all of the following
9 criteria are met (items a—h):
10
11 a. The parking area is used for any of the following:
12
13 i. The number of parking spaces required is eight (8) or less;
14 or
15 ii. The use generates less than forty (40) Average Annual Daily
16 Trips (AADT) per day; or
17 iii. The parking space(s) are designated for employee parking only.
18
19 b. Gravel is to be washed stone size #57 (three -fourths (3/4) inch
20 or larger).
21 c. Gravel parking spaces requires the installation of an
22 appropriate sub -grade and drainage plans approved by the
23 engineering services manager.
24 d. Gravel parking lots shall be designed and constructed such
25 that siltation resulting from stormwater run-off does not
26 enter adjacent properties or public rights -of -way. The lots
27 must be designed so as to prevent loose aggregate or other
28 materials from leaving the lot.
29 e. A concrete apron, constructed as per City standards, shall be
30 installed from the edge of the pavement to the property line
31 for all entrances and exits to the parking area.
32 f. All drive aisles shall be concrete, asphalt, or a pervious all-
33 weather hard surface, as per City standards.
34 g. The area surrounding the gravel lot shall have a minimum of
35 a six (6) inch band of concrete or asphalt, a curb, or an
36 elevated landscaped area so as to contain the gravel in the
37 parking lot.
38 h. Any required handicapped parking space shall be paved.
39
City of Cape Canaveral
Ordinance No. 06-2020
Page 7 of 11
1 (2) Pervious parking surfaces, including gravel, turf or other similar
2 surface may be permitted with the written approval of the City
3 Manager or designee upon favorable recommendation of the City
4 Engineer in any of the following circumstances:
5
6 a. Uses with intermittent parking such as churches and other
7 similar establishments. All required handicapped parking
8 spaces shall be paved.
9 b. Parking spaces and vehicle driving surfaces for parking areas
10 which are designed as temporary parking, overflow or
11 storage lots, or generate less than forty (40) average daily
12 trips.
13 i. A temporary parking lot is any property, located within any
14 zoning district which allows parking lots, that provides
15 interim parking until permanent parking for a use is
16 provided or the site can be developed.
17 ii. Overflow parking for this section shall mean an area of land
18 that is either a part of a development site or not more than
19 six hundred sixty (660) feet distant, as measured along the
20 nearest pedestrian walkway, that provides in excess of one
21 hundred ten (110) percent of the minimum number of
22 parking spaces required by this Section.
23 iii. Storage lots are used to park vehicles that are not moved
24 on a daily basis (e.g. car dealerships, cruise parking, vehicle
25 rental companies, or similar uses).
26 iv. Drive aisles may be required to be paved with asphalt,
27 concrete, paver bricks or another durable material approved
28 by the City Engineer.
29
30 However, the subject lot shall meet all drainage standards required
31 by this Code or other regulatory authority. In addition, a scaled
32 plan shall be submitted clearly indicating the property owner, entity
33 responsible for the vehicles parked on the property, ingress/egress,
34 parking space layout, drive aisles, adjacent uses, any
35 landscaping/buffer requirements, and a maintenance plan which
36 includes provisions for trash or debris removal, erosion control, and
37 landscape management. The temporary, overflow, or storage lot
38 shall conform to the plan and this section.
39
City of Cape Canaveral
Ordinance No. 06-2020
Page 8 of 11
1 (3) Alternative impervious surfaces such as compacted shell or other
2 similar surface may be permitted with the approval of the City
3 Manager or designee upon favorable recommendation of the City
4 Engineer in the following circumstances.
5
6 a. Parking spaces and vehicle driving surfaces for parking areas
7 which are designed as temporary or storage lots, or
8 employee only designated parking areas. Employee only
9 parking areas must be clearly identified by appropriate
10 signage.
11 b. Alternative impervious surfaces must provide stormwater
12 attenuation and treatment in compliance with stormwater
13 permitting approvals by the City and other regulatory
14 agencies.
15
16 Maintenance of alternative parking surfaces.
17
18 (i) Off-street parking areas approved for gravel surfaces shall be
19 properly maintained to prevent the growth of grass and weeds,
20 potholes and ruts, uneven gravel surface and gravel spreading
21 outside of the designated parking lot area.
22
23 (ii) Off-street parking spaces approved for turf surfaces shall be
24 maintained and the turf kept in good condition and not allowed to
25 be overgrown or taken over by weeds. In the event the frequency
26 of parking or the length of time parked vehicles use turf surfaces
27 causes the turf to be damaged or destroyed to the extent the grass
28 ceases to grow, the City may require the turf to be replaced with
29 durable pervious material such as turf grid, gravel, porous asphalt,
30 pervious concrete, or open joint pavers.
31
32 (iii) Evidence of a violation of this subsection includes, but is not limited
33 to:
34
35 a. The settlement or alteration of the alternative parking
36 surface such that drainage patterns are redirected onto off-
37 site properties rather than the intended stormwater
38 management facilities.
39 b. The absence or failed condition of the approved alternative
40 parking surface.
City of Cape Canaveral
Ordinance No. 06-2020
Page 9 of 11
1 c. Introduction of sediment, material or debris from the
2 alternative parking surface onto city rights -of -way,
3 easements or neighboring properties.
4
5 (iv) Without limiting any other remedies the City may legally have to
6 remedy a maintenance violation under this subsection, the City may
7 also require the area to be paved or require the installation of
8 pervious hard surfaces such as pervious concrete, porous asphalt,
9 or open joint pavers to remedy any violation of this subsection. If
10 paving is deemed necessary by the City, the property owner will be
11 required to demonstrate compliance with all drainage standards
12 required by this Code or other regulatory agency.
13
14
15 Sec. 110-497. — Bicycle Parking.
16
17 Bicycle parking shall be located in a highly -visible, active, well -lighted area near a
18 building's principal entrance and shall not interfere with pedestrian movements.
19
20
21 Sec. 110-4958-110-505. — Reserved.
22
23 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
24 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
25 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
26
27 Section 4. Incorporation into Code. This Ordinance shall be incorporated into the
28 Cape Canaveral City Code and any section or paragraph, number or letter and any heading may
29 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
30 like errors may be corrected and additions, alterations, and omissions, not affecting the
31 construction or meaning of this Ordinance and the City Code may be freely made.
32
33 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
34 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
35 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
36 be deemed a separate, distinct and independent provision, and such holding shall not affect the
37 validity of the remaining portions of this Ordinance.
38
City of Cape Canaveral
Ordinance No. 06-2020
Page 10 of 11
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
2 , 2020.
3
4
5 Bob Hoog, Mayor
6
7 ATTEST: For Against
8
9 Mike Brown
10
11 Mia Goforth, CMC Robert Hoog
12 City Clerk
13 Micki Kellum
14
15 Wes Morrison
16
17 Angela Raymond
18
19
20 Approved as to legal form and sufficiency
21 for the City of Cape Canaveral only by:
22
23
24
25 Anthony A. Garganese, City Attorney
26
27
28 First Reading: October 20, 2020
29 Advertisement:
30 Second Reading:
City of Cape Canaveral
Ordinance No. 06-2020
Page 11 of 11
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 11
Subject: Ordinance No. 07-2020; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund
Budgets for the Fiscal Year beginning October 1, 2019, and ending September 30, 2020; providing
for the repeal of prior inconsistent ordinances and resolutions and an effective date, first reading.
Department: Administrative/Financial Services
Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 07-2020
(Attachment) is presented for adoption. Exhibit "A" to the Ordinance details the revenues and
expenditures pertaining to the Starting Budget, Budget Transfers, Year-end Budget Adjustments
and concludes with the 2020 Ending Budget. The revenues and expenditures have been adjusted
to reflect what Staff believes to be the final Budget. This shows revenue that has exceeded estimates
or was under -realized.
Exhibit "B" shows a complete Budget Adjustment Detail sequentially numbered by
Account/Department. As with past years, the Comprehensive Annual Financial Report (CAFR) will
provide the actual expenditures for this budget year. It is anticipated that the FY 2019/20 Estimated
Ending Fund Balances as compared to the Budget are as follows:
General Fund $1,082,607
Special Revenue Fund $83,320
Capital Projects Fund -
Wastewater Enterprise Fund -
Stormwater Enterprise Fund $517,867
This is the first reading of Ordinance No. 07-2020.
Submitting Department Director: John DeLeo Date: 10/08/2020
Attachment:
Ordinance No. 07-2020 with Exhibits "A" and "B"
Financial Impact: No additional financial impact is experienced through the formal adoption of
the Budget Adjustments and Amendments. However, the financial impact of each Adjustment or
Amendment is recorded at the face value of the Amendment; Staff time and effort to prepare this
agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/08/2020
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 07-2020, first reading.
Approved by City Manager: Todd Morley Date: 10/08/2020:
ORDINANCE NO. 07-2020
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND,
SPECIAL REVENUE FUNDS, AGENCY FUND, CAPITAL PROJECT FUNDS,
ENTERPRISE FUNDS AND ENTERPRISE CAPITAL FUND BUDGETS FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30,
2020; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS AND AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida,
as follows:
SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency Fund,
Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached hereto as
Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning
October 1, 2019, and ending September 30, 2020, are hereby approved and adopted.
SECTION 2. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
, 2020.
Bob Hoog, Mayor
ATTEST:
Mia Goforth, City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
First Reading: 10/20/2020
Legal Ad Published:
Second Reading:
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
FOR AGAINST
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2020
GENERAL FUND
FY 2020 FY 2020 FY 2020 FY 2020
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward 1,007,200 (1,007,200) -
Cash Forward-Trans Impact Fees - -
Cash Forward - R&R 199,200 (199,200) -
Ad Valorem Taxes 4,561,588 89,331 4,650,919
Local Option Gas Tax 340,810 30,447 371,257
Franchise Fees 793,548 (238,928) 554,620
Utility Taxes 1,199,478 22,588 1,222,066
Communications Service Tax 464,106 (63,989) 400,117
Permits & Licenses 543,708 (115,744) 427,964
Impact Fees 998,500 (230,998) 767,502
State Grants 50,000 (44,422) 5,578
State Shared Revenue 957,054 (53,269) 903,785
Local Shared Revenue 131,840 - 131,840
Charges for Services 31,010 8,648 39,658
Garbage & Recycling Revenue 1,182,455 (3,351) 1,179,104
Recreation Fees 103,720 (55,627) 48,093
Fines & Forfeitures 19,900 19,747 39,647
Interest Income 63,960 124,481 188,441
Fire Hydrant Rental Fee 75,780 (4,578) 71,202
Miscellaneous Revenue 122,800 48,156 170,956
Transfer from School Guard Crossing Fund 2,385 - 2,385
Transfer from CC Redevelopment Fund 685,703 - 685,703
Contribution from Wastewater Fund 691,442 - 691,442
Contribution from Stormwater Fund 19,566 - 19,566
Other Sources Loan Proceeds 4,409,000 (4,409,000) -
TOTAL REVENUES $ 18,654,753 $ - $ (6,082,907) $ 12,571,846
EXPENDITURE
Legislative 34,679 12,810 (10,064) 37,425
Administrative Services 554,400 (263,000) 291,400
Community Development 488,713 (232,596) 256,117
Protective Services 3,057,301 (10,171) 3,047,130
Fire/Rescue Services 2,189,892 73,433 (134,403) 2,128,922
Building&Code Enforcement 323,666 80,057 403,723
Infrastructure Maintenance 1,303,154 (527,937) 775,217
Economic Development 150,244 3,047 153,291
Cultural Programs 89,564 (4,359) 85,205
Leisure Services 565,595 9,000 (48,255) 526,340
Community Engagement 129,522 (35,688) 93,834
Legal Services 285,912 (122,056) 163,856
Solid Waste 1,181,465 (156,974) 1,024,491
Debt Service 1,291,582 0 1,291,582
Non-Departmental 6,461,757 (5,251,052) 1,210,705
Transfer to Community Redevelopment Agency - -
Transfer to Capital Construction Fund - -
Transfer to Wastewater Enterprise Fund - -
Transfer to N Atlantic Ave Improvement Fund - -
Contingency 547,307 (95,243) 630,543 1,082,607
TOTAL EXPENDITURES $ 18,654,753 $ 0 $ (6,082,907) $ 12,571,846
Excess of Revenues Over/(Under)Expenditures $ - $ (0) $ (0)
Page 1 of 6
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2020
POLICE EDUCATION FUND
FY 2020 FY 2020 FY 2020 FY 2020
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Police Education Income $ 999 297 1,296
Interest Income 196 114 310
TOTAL REVENUES $ 1,195 $ - $ 412 $ 1,607
EXPENDITURE
Education&Training -
Contingency 1,195 412 1,607
TOTAL EXPENDITURES $ 1,195 $ - $ 412 $ 1,607
Excess of Revenues Over/(Under)Expenditures $ - $ - $ (0)
FIRE PROTECTION FUND
FY 2020 FY 2020 FY 2020 FY 2020
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward R&R
Interest Income 168 26 194
Impact Fees 24,372 (571) 23,801
Net Increase(decrease)in FMV - -
TOTAL REVENUES $ 24,540 $ - $ (545) $ 23,995
EXPENDITURE
Transfer to GF
Contingency 24,540 (545) 23,995
TOTAL EXPENDITURES $ 24,540 $ - $ (545) $ 23,995
Excess of Revenues Over/(Under)Expenditures $ - $ - $ (0)
SCHOOL CROSSING GUARD FUND
FY 2020 FY 2020 FY 2020 FY 2020
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ - 758
Parking Fine Surcharge 1,560 67 1,627
Interest Income 825 (825) -
TOTAL REVENUES $ 2,385 $ - $ (758) $ 2,385
EXPENDITURE
Transfer to General Fund $ 2,385 - 2,385
Contingency - -
TOTAL EXPENDITURES $ 2,385 $ - $ - $ 2,385
Excess of Revenues Over/(Under)Expenditures $ - $ - $ 0
Page 2 of 6
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2020
LIBRARY FUND
FY 2020 FY 2020 FY 2020 FY 2020
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward
Ad Valorem Taxes $ 69,039 1,322 70,361
Ad Valorem Tax Delinquent 50 (45) 5
Tax Penalty Income 60 60 120
Interest Income 6,180 1,755 7,935
Interest-Library Impact Fees - -
Interest-Tax Collections 42 161 203
Net Increase(decrease)in FMV - -
Impact Fees- Library - 30,331 30,331
Transfer from Capital Construction Fund - -
TOTAL REVENUES $ 75,371 $ - $ 33,584 $ 108,955
EXPENDITURE
Operating Expenses $ 34,850 (12,082) 22,768
Capital Purchases 30,000 (1,531) 28,469
Contingency 10,521 47,197 57,718
TOTAL EXPENDITURES $ 75,371 $ - $ 34,084 $ 108,955
Excess of Revenues Over/(Under)Expenditures $ - $ - $ -
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2020 FY 2020 FY 2020 FY 2020
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 135,569 (35,003) 100,566
State Grant DEO - -
Shared Revenue from Cape Canaveral 574,578 - 574,578
Shared Revenue from Brevard County 574,578 - 574,578
Interest Income - 257 257
Net Increase(decrease)in FMV - -
Transfer from General Fund 4,409,000 (4,335,191) 73,809
TOTAL REVENUES $ 5,693,725 $ - $ (4,369,937) $ 1,323,788
EXPENDITURE
Operating Expenses $ 11,559 (9,953) 1,606
Capital Purchases 4,778,500 (4,194,345) 584,155
Debt Service 738,027 - 738,027
Contingency 165,639 (165,639) -
TOTAL EXPENDITURES $ 5,693,725 $ - $ (4,369,937) $ 1,323,788
Excess of Revenues Over/(Under)Expenditures $ - $ - $ (0)
Page 3 of 6
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2020
LAW ENFORCEMENT TRUST FUND
FY 2020 FY 2020 FY 2020 FY 2020
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 7,526 1,028 8,554
Interest-State 72 (28) 44
Contraband Income 1,000 (1,000) -
Net Increase(decrease)in FMV - -
TOTAL REVENUES $ 8,598 $ - $ 0 $ 8,598
EXPENDITURE
School Resource Officer $ 8,598 - 8,598
Contingency - -
TOTAL EXPENDITURES $ 8,598 $ - $ - $ 8,598
Excess of Revenues Over/(Under)Expenditures $ - $ - $ 0
Page 4 of 6
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2020
WASTEWATER ENTERPRISE FUND
FY 2020 FY 2020 FY 2020 FY 2020
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 1,237,066 (605,728) 631,338
St.John's RWMD Grant - -
Utility Operating Income 3,957,858 88,330 4,046,188
Utility Penalty Income 60,500 (15,899) 44,601
Impact Fees 150,000 64,796 214,796
Reuse Hook-Up Fees 3,900 (875) 3,025
Reclaimed Water Revenue 87,233 700 87,933
Investment Income 9,780 899 10,679
Sale of Fixed Assets 5,000 (5,000) -
Miscellaneous Income - -
Transfer from CC CRA Fund 52,324 (52,324) -
SRF Loan Proceeds 1,635,250 (1,140,996) 494,254
Net Increase(decrease)in FMV - -
TOTAL REVENUES $ 7,198,911 $ - $ (1,666,096) $ 5,532,815
EXPENDITURE
Personal Services $ 1,447,786 60,041 1,507,827
Operating Expenses 1,195,791 (300,931) 894,860
Debt Service 498,308 38,592 536,900
Contribution to General Fund 691,442 - 691,442
Capital Outlay 3,342,250 (1,440,465) 1,901,785
Contingency 23,334 (23,334) -
TOTAL EXPENSES $ 7,198,911 $ - $ (1,666,096) $ 5,532,815
Excess of Revenues Over/(Under)Expenses $ - $ - $ 0
Page 5 of 6
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2020
STORMWATER ENTERPRISE FUND
FY 2020 FY 2020 FY 2020 FY 2020
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward - -
IRL Grant 11,000 (11,000) -
Stormwater Utility Fees 1,014,324 (33,939) 980,385
Investment Income 4,200 (1,630) 2,570
Sale of Fixed Asset - -
SRF Loan Proceeds - -
Net Increase(decrease)in FMV - -
TOTAL REVENUES $ 1,029,524 $ - $ (46,569) $ 982,955
EXPENDITURE
Personal Services $ 220,729 49,218 269,947
Operating Expenses 295,129 (152,721) 142,408
Contribution to General Fund 19,566 (0) 19,566
Capital Outlay 344,100 (310,933) 33,167
Contingency 150,000 367,867 517,867
TOTAL EXPENSES $ 1,029,524 $ - $ (46,569) $ 982,955
Excess of Revenues Over/(Under)Expenses $ - $ - $ 0
Page 6 of 6
General Ledger [City Seal]
Budget Adjustment Summary Exhibit B City of
Cape Canaveral
ACCOUNT NUMBER DESCRIPTION BEGINNING BUDGET CHANGE ENDING BUDGET
001-001-511-492000 ELECTIONS 600 12,810 13,410
001-005-522-340000 CONTRACT SERVICES-CCVFD 1,841,640 73,433 1,915,073
001-017-901-990000 CONTINGENCY 547,307 (86,243) 461,064
401-010-535-642032 COLLECTION SYSTEM UPGRADE - 51,057 51,057
401-010-535-642018 VALVE REPLACEMENTS 250,000 (51,057) 198,943
401-010-535-552600 LAB SUPPLIES 54,610 10,000 64,610
401-010-535-545000 GENERAL INSURANCE 78,260 (10,000) 68,260
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 12
Subject: Provide direction regarding implementation of Granicus, LLC, dba Host Compliance Short -
Term Rental (STR) compliance management software.
Department: Community and Economic Development
Summary: In 2011, the Florida Legislature approved Chapter 2011-119, Florida Statutes, effectively
pre-empting local government restrictions of STRs, if such restrictions were not in place by June 1,
2011.
Since the late 1980s, the City has had a minimum seven consecutive day rental restriction on
residential property. This restriction was largely aimed at regulating the use of STRs in the City, and
was upheld by the Brevard County Circuit Court in Royal Mansions Condominium Association, Inc.
v. City of Cape Canaveral. To provide context, the City Attorney has prepared a detailed summary
of relevant statutory history regarding STRs as well as the City's regulation of same (Attachment 1).
Since the City last revised its Code related to STR's in 2013, their growth — both nationally and in
the City - has dramatically increased. This is due to a number of reasons, including higher rents than
traditional rental property, no eviction hassles and simplified marketing/management options. It is
reported that the STR market in the U.S. has grown more than 100 percent in the past three (3)
years as evidenced by the doubling of the number of Airbnb-style or type units, year -on -year. This
growth is particularly alarming for the City as there are 1,609 residential, non -homesteaded
properties, which comprise approximately 43 percent of the total residential properties.
Although this growth has provided benefits — particularly to STR owners - the Council as well as the
City's full-time residents are faced with the challenges associated with transient housing. These
challenges are typically associated with operational impacts of STRs such as noise, parking,
maximum occupancy and compliance with the City's seven consecutive day rental restriction.
Monitoring and enforcement of these impacts continues to be problematic and poses a significant
challenge for City Code Enforcement.
To this end, Staff reached out to Granicus, LLC, dba Host Compliance, which provides STR
compliance management software to local governments. Over 340 U.S. cities and counties currently
use the software, with 31 located in Florida. Solutions include:
• Mobile -enabled Registration — mobile/web forms for streamlining registration and
capturing required documentation, signatures and payments electronically.
• Address Identification — automated monitoring of 50+ STR websites (every three days) and
online dashboard with complete address information and screenshots of all identifiable
STRs in Cape Canaveral.
• Compliance Monitoring — ongoing monitoring of STRs for zoning and permit compliance
coupled with systematic outreach to illegal rental operators.
• Rental Activity Monitoring — ongoing monitoring of STR listings for units in the City limits
that indicate rental activity/frequency in violation of City's minimum night stay requirement.
Enables enforcement practices that require knowledge of STR activity levels to include
signed declarations and affidavits.
• Dedicated Hotline — 24/7 staffed telephone hotline and online platform for neighbors to
report non -emergency STR problems, submit evidence and initiate automatic follow-up
activities. Host Compliance will immediately call the property's contact to seek resolution.
City of Cape Canaveral
City Council Meeting — October 20, 2020
Agenda Item No. 12
Page 2 of 2
Staff polled seven Florida municipalities that are currently using the Host Compliance software to
administer their STR programs. These include Winter Park, Weston, Jacksonville Beach, Dania Beach,
Sanibel, Sunny Isles Beach, and Ponce Inlet. Although none had a minimum consecutive day rental
restriction, the consensus was very positive, in particular, the data/documentation provided by the
software was helpful with building cases presented to Code Boards and/or Magistrates. Several
communities reported that the data was extremely accurate and the software was very easy to use.
In addition, the capability of the software to monitor appointment calendars assisted with enforcing
minimum stay requirements.
Anticipated annual costs of the various services provided by Host Compliance are indicated in the
table below.
Annual Fees for New Subscriptions
Mobile -Enabled Registration
651/Each
$5,208.00
Address Identification
651/Rental Units
$19,575.00
Compliance Monitoring
461/Rental Units
$5,877.75
Rental Activity Monitoring
461/Rental Units
$6,510.00
Dedicated 24/7 Hotline
870/Rental Listings
$4,702.20
TOTAL
$41,872.95
*Units and listings reflect a monthly average over past 10-12 months
In conjunction with the implementation of the Host Compliance software, a system for registering
vacation rentals is required. This will provide a framework for on -going compliance monitoring by
gathering information including property ownership, management/emergency contact
information, and owner acknowledgement of applicable City rules and regulations. Furthermore,
the registration system could include an annual fee to fund City efforts in administering vacation
rentals. For example, assuming a $150.00 annual fee per unit, it is anticipated that this fee would
generate approximately $69,150 ($150.00 x 461 units) annually and cover Staff and annual software
subscription costs. This fee would increase as the subscription cost increases.
Implementation of the system will require several months as indicated below.
• October Council Meeting — Discussion of software/direction from Council
• November Council Meeting — 1st reading of Registration Ordinance
• December Council Meeting — 2nd reading of Registration Ordinance/Fee Resolution
• Mid -December — notice to STR owners of Registration Ordinance and deadline
• January 1, 2021 effective date. Possibly provide 90-day registration deadline for STR owners
Submitting Department Director: David Dickey Date: 10/12/2020
Attachment: City Attorney Garganese memo — February 28, 2017
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 10/12/2020
John DeLeo
The City Manager recommends the City Council take the following action:
Provide direction regarding implementation of Granicus, LLC, dba Host Compliance STR compliance
management software.
Approved by City Manager: Todd Morley Date: 10/12/2020
GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Law
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
February 28, 2017
Anthony A. Garganese
Board Certified City, County & Local
Government
agrganese@orlandola.net
Via email: d.dickey@cityofcapecanaveral.org
David Dickey
Community Development Director
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: Regulation of Vacation Rentals — P&Z Board Inquiry
Dear David:
At the February 22, 2017 P&Z Board Meeting, the Board requested that I provide guidance
regarding the legal extent that a municipality can regulate vacation rentals. With respect to the
question presented, it is important for the Board to also have a little historical context regarding the
law and previous attempts by the City to regulate vacation rentals. A summary of relevant
background and legal authority is provided below for the Board's consideration.
RELEVANT STATUTORY HISTORY AND LIMITATIONS
For context purposes, a "vacation rental" is any unit or group of units in a condominium or
cooperative or any individually or collectively owned single-family, two-family, three-family, or
four -family house or dwelling unit that is also a transient public lodging establishment but that is not
a timeshare project. See §509.242(1)(c), Fla. Stat. A transient public lodging establishment means
any unit, group of units, dwelling, building, or group of buildings within a single complex of
buildings which is rented to guests more than three times in a calendar year for periods of less than
30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a
place regularly rented to guests. See §509.013(4)(a)1., Fla. Stat.
The regulation of public lodging establishments has been generally preempted to the State for
many years. Notwithstanding, prior to 2011, many municipalities, like Cape Canaveral, used their
municipal home rule powers to regulate the zoning and other non -preempted operational aspects of
vacation rentals. However, in 2011, the Florida Legislature limited those home rule powers when
Ft. Lauderdale (954) 670-1979 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
D. Dickey
February 28, 2017
Page -2 —
they adopted Chapter 2011-119, Laws of Florida. Chapter. 2011-119 amended section
509.032(7)(b), Florida Statutes preempting, for the first time, all local ordinances or regulations that
restrict the use of vacation rentals, prohibit vacation rentals, or regulate vacation rentals based solely
on their classification, use or occupancy. The Florida Attorney General interpreted this law as
preempting local regulation of the rental of vacation homes. See AGO 2014-09 (citing Inf. Op. to
Mr. Albert J. Hadeed, Flagler County Attorney, dated October 22, 2013). The preemption did not
apply to ordinances or regulations adopted on or before June 1, 2011.
Just three years later, however, the Legislature again amended Section 509.032(7)(b), Florida
Statutes, and significantly relaxed the earlier broad preemption of municipal ordinances by
substituting a much narrower preemption which is in effect today. Currently, Section 509.032(7)(b)
provides:
A local law, ordinance, or regulation may not prohibit vacation rentals or regulate
the duration or frequency of rental of vacation rentals. This paragraph does not
apply to any local law, ordinance, or regulation adopted on or before June 1, 2011.
(emphasis added).
Section 509.032(7)(b) does not preempt a municipality from conducting inspections of public
lodging establishments to ensure compliance with the Florida Building Code and Fire Code. See
Eisenberg v. City of Miami Beach, 1 F.Supp.3d 1327 (U.S. S.D. of Fla., March 3, 2014). Therefore,
the City has the authority to enforce all applicable building and fire codes against vacation rentals
within the jurisdictional limits of the City of Cape Canaveral.
Furthermore, Section 509.032(7)(b) currently allows some regulation of vacation rentals, but
prevents local government from enacting a law, ordinance, or regulation that either prohibits
vacation rentals or restrict the duration or frequency of vacation rentals. For example, in AGO 2014-
09, the Florida Attorney General opined that a municipality does not have the authority to prohibit
vacation rentals in a particular area of a city where residences are otherwise allowed. Further,
although a municipality may impose a business tax receipt on a vacation rental licensed by the State
(Division of Hotels and Restaurants), it may not impose penalties on a vacation rental which conflict
with those prescribed by law. Id. Prohibiting the operation of a vacation rental without proper
licensure by the State also appears to be beyond the authority of the City. Id.
In addition, in AGO 2016-12, the Florida Attorney General was asked to opine on whether a
city may enacted an ordinance to: (A) implement distance separation requirements between vacation
rentals; or (B) limit the percentage or number of vacation rentals on a city streets or neighborhoods.
In response to these questions, the Florida Attorney General concluded that such an ordinance would
exceed the city's regulatory authority under section 509.032(7)(b) to the extent that the ordinance
could "have the effect of prohibiting a statutorily eligible housing unit from being used as a vacation
rental." Id.
Interestingly, however, the Florida Attorney General opinion recognized two circuit court
cases that apparently upheld local regulations that prescribed the documentation that must be
D. Dickey
February 28, 2017
Page -3 —
provided to a county for short-term vacation rentals and a maximum occupancy limit for all vacation
rentals. Id. (citing 30 Cinnamon Beach Way, LLC v. Flagler County, 2015-CA-167 (Fla. 7th Cir. Ct.
June 1, 2015), aff d, 183 So. 3d 373 (Fla. 5th DCA 2016) (per curiam); Fla. Gulf Coast Vacation
Homes, LLC v. City of Anna Maria, 2016-CA-629 (Fla. 12th Cir. Ct. April 11, 2016). Additionally,
the opinion noted that the final staff analysis of the 2014 legislation amending Section 509.032(7)(b)
which described the effect of the 2014 legislation as permitting local governments to create
regulations that distinguish vacation rentals from other residential property such as noise, parking,
registration, and signage requirements for vacation rentals.
Therefore, although the Florida Attorney General opined against a municipality adopting an
ordinance implementing distance separation requirements between vacation rentals and limiting the
percentage or number of vacation rentals on a particular city street or neighborhood, the Florida
Attorney General apparently recognized that the limited preemption currently set forth in section
509.032(7)(b) would not prevent a municipality from adopting regulations that distinguish vacation
rentals from other residential property relative to noise, parking, maximum occupancy, registration,
and signage requirements.
CITY HISTORY REGULATING VACATION RENTALS
Since approximately the late 1980s, the City of Cape Canaveral has had a minimum seven
consecutive day rental restriction on residential property. That restriction was upheld as a valid
restriction in the Brevard County Circuit Court Case, Royal Mansions Condominium Association,
Inc. v. City of Cape Canaveral, Case No. 89-16393-CA-N. The substance of that restriction is
currently set forth in section 110-487 of the City Code:
Sec. 110-487.Rental restrictions on dwelling units.
It shall be unlawful for any person to rent a dwelling for less than seven consecutive
days in any zoning district, excluding hotels, motels under subsection 110-332(4) and
vacation rentals in the C-1 zoning district.
Because this seven consecutive day restriction was adopted prior to June 1, 2011, this
restriction remains a valid and enforceable durational regulation and is not preempted by section
509.032(7)(b), Florida Statutes. However, that statutory preemption would likely prevent the City
from substantively modifying that durational restriction or readopting it should the City decide to
repeal that restriction in the future.
In addition, after about two years of study and hearings in 2006/2007, the City Council
previously adopted Ordinance No. 04-2007 limiting all future vacation rentals (resort dwellings and
resort condominiums) to the C-1 zoning district, and grandfathering all existing vacation rentals that
timely obtained certificates of nonconforming status from the City. However, subsequent to the
adoption of Ordinance No. 04-2007, the City Council essentially repealed that ordinance in 2012,
and adopted a new section 110-487 of the City Code which provides:
D. Dickey
February 28, 2017
Page -4 —
Sec. 110-486. Vacation Rentals.
Nothing contained in the City Code shall be construed as prohibiting the use of any
dwelling unit as a "vacation rental," as defined by Chapter 509, Florida Statutes.
Vacation rentals shall comply with the minimum seven-day rental restriction pursuant
to section 110-487 of the City Code and shall be governed by Chapter 509, Florida
Statutes, the Florida Building Code and the Florida Fire Prevention Code.
A copy of Ordinances No. 04-2007 and 06-2012 are attached for your convenience.
CONCLUSION
Section 509.032(7)(b), Florida Statutes prevents a municipality from enacting any ordinance,
law or regulation prohibiting vacation rentals or regulating the duration or frequency of rental of
vacation rentals. However, that section does not preempt a municipality from conducting inspections
of vacation rentals to ensure compliance with the Florida Building Code and Fire Code. Moreover,
that section does not prevent a municipality from adopting regulations that distinguish vacation
rentals from other residential property relative to noise, parking, maximum occupancy, registration,
signage and other similar non -prohibitory or durational requirements. Since the 1980s, the City of
Cape Canaveral has imposed a seven consecutive day rental restriction on residential vacation rentals
and that durational restriction is not preempted by Section 509.032(7)(b), Florida Statutes because it
was enacted by the City before June 1, 2011.
Please provide a copy of this letter to the members of the Planning & Zoning Board. I will be
happy to discuss this letter with the members at the next Board meeting.
Anthony A. Garganese
City Attorney
Cc: City Manager (via email)
Encl. Ordinances No. 04-2007; 06-2012
ORDINANCE NO. 04-2007
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; CLARIFYING THE INTENT OF
THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS;
DEFINING THE TERM "RESORT DWELLING;"DEFINING
THE TERM "RESORT CONDOMINIUM;" PROVIDING FOR
THE LOCATION AND REGULATION OF RESORT
DWELLINGS AND CONDOMINIUMS UNDER CONDITIONS
STATED HEREIN; AMENDING THE SUPPLEMENTAL
ZONING DISTRICT REGULATIONS TO RESTATE THAT
ANY RENTAL OF A DWELLING UNIT SHALL BE FOR A
MINIMUM OF SEVEN (7) DAYS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of
Public Works, 234 P. 381 (Cal. 1925); and
WHEREAS, limitations on resort dwellings, resort condominiums, and other transient
commercial uses serve a substantial governmental interest in preserving the character and integrity
of residential neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing
v. City of Carmel -By -The -Sea, 286 Cal. Rptr. 382 (Cal. Ct. App. 1991); and
WHEREAS, the City seeks to maintain residential zoning districts that are free from
congestion and overpopulation and that promote the permanent residency of families; and
WHEREAS, the City's zoning district regulations are intended to permit only those uses that
are expressly provided for under the list of principal uses and special exception uses for each zoning
category; and
WHEREAS, all other uses not expressly provided for as a principle use or special exception
are intended to be prohibited; and
City of Cape Canaveral
Ordinance No.04-2007
Page 1 of 10
WHEREAS, resort dwellings and resort condominiums are not currently expressly listed as
a principle or special exception use within any zoning district; and
WHEREAS, the City Council acknowledges and recognizes that resort dwellings and resort
condominiums are separate business classifications that are licensed by the State of Florida under
chapter 509, Florida Statutes; and
WHEREAS, the City Council hereby finds that it is necessary to list resort dwellings and
resort condominiums within a specific zoning district in order to preserve the residential character
of portions of Cape Canaveral and to protect Cape Canaveral from becoming an overwhelming
transient type community; and
WHEREAS, the City Council is aware of, and relies upon, case law precedent which holds
that a property owner does not have a vested right in zoning ordinances and that the mere purchase
of land does not create a right to rely on existing zoning. See, e.g., City of Miami Beach v. 8701
Collins Ave, 77 So. 2d 428 (1954); Epifano v. Town of Indian River Shores, 379 So. 2d 966 (Fla. 4th
DCA 1979); and
WHEREAS, the City Council also acknowledges that transient residential uses fall under
a different occupancy classification under the Florida Building Code than other residential uses and
that more stringent building and fire code requirements exists for transient residential uses for life
safety reasons; and
WHEREAS, the City Council also finds that in accordance with section 110-121, Cape
Canaveral Code, a change in occupancy classification of a building requires that the building official
conduct an inspection of the building to determine whether it complies with applicable building code
requirements before issuing a new certificate of occupancy for the building based on the changed
occupancy classification; and
WHEREAS, while the City Council desires to afford some limited protections to property
owners that lawfully seek to use existing residential units as either a resort dwelling or resort
condominium, the City Council seeks to balance these limited protections with the City Council's
desire to protect the residential character of Cape Canaveral consistent with the City's
Comprehensive Plan and to protect the safety of transient occupants; and
WHEREAS, the City Council hereby finds that protecting the residential character of the
City of Cape Canaveral and promoting permanent residency are of paramount public importance;
and
WHEREAS, the City Council hereby also finds that the protection of transient occupants
that lease a resort dwelling and resort condominium, by requiring property owners to demonstrate
City of Cape Canaveral
Ordinance No.04-2007
Page 2 of 10
compliance with all applicable building and fire codes, is of paramount public importance; and
WHEREAS, the City Council deems it to be in the best interests of the citizens of the City
of Cape Canaveral to provide for resort dwellings and condominiums as an additional permitted use
in the C-1 Low Density Commercial zoning districts, provided a special exception has been granted
that would allow the construction of a residential dwelling; 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.
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. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
* * *
Resort dwelling shall mean any individually or collectively owned one -family, two-family,
three-family, or four -family dwelling house or dwelling unit which is rented more than three (3)
times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever
is less, or which is advertised or held out to the public as a place regularly rented for periods of less
than thirty (30) days or one (1) calendar month, whichever is less.
City of Cape Canaveral
Ordinance No.04-2007
Page 3 of 10
Resort condominiums shall mean any unit or group of units in a condominium, cooperative,
or timeshare plan which is rented more than three (3) times in a calendar year for periods of less than
thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to
the public as a place regularly rented for periods of less than thirty (30) days or one (1) calendar
month, whichever is less.
* **
ARTICLE VII. DISTRICTS
* * *
DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 110-271. Intent.
The requirements for the R-1 low density residential district are intended to apply to an area
of single-family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
overpopulation, to promote the permanent residency of single families and to enhance and maintain
the residential character and integrity of the area.
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-1 low density residential district are as follows:
Single-family dwellings. In no case shall there be more than one principal structure per lot
or parcel. Dwelling
* * *
DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-291. Intent.
The requirements for the R-2 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation, to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
City of Cape Canaveral
Ordinance No.04-2007
Page 4 of 10
Sec. 110-292. Principal uses and structures.
In the R-2 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre;
and dwelling-unit rentals of less than seven days are expressly prohibited.
* * *
DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-311. Intent.
The requirements for the R-3 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation, to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
Sec. 110-312. Principal uses and structures.
In the R-3 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
City of Cape Canaveral
Ordinance No.04-2007
Page 5 of 10
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre;
and dwelling unit rentals of less than seven days are expressly prohibited.
* * *
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
* * *
Sec. 110-332. Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
* * *
(15) Resort dwellings or resort condominiums duly licensed by the state, provided a
special exception for a residential dwelling has been granted for the subject property.
Resort condominiums satisfying the certificate of occupancy and zoning requirements for
a hotel, motel under the City Code shall be regulated as a principle use under section 110-
332(4) Hotel, motels.
* * *
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
* * *
Sec. 110-485. Resort Dwellings; Resort Condominiums; Nonconforming Use Status;
Expiration.
(a) Resort dwellings and resort condominiums that are not located within a C-1 zoning
district shall be deemed a nonconforming use subject to the provisions of Chapter 110,
Article V, Nonconformities, of this Code, provided said resort dwelling or condominium is
declared existing in accordance the terms and conditions set forth in this section.
a In order to be declared existing under this section, the owner of the resort dwelling
or resort condominium shall timely obtain a certificate of nonconforming status from the city
City of Cape Canaveral
Ordinance No.04-2007
Page 6 of 10
manager as follows:
(1) The owner shall file a written notice of intent with the city manager within thirty
(30) days of June 19, 2007 which declares and registers the owner's intent to duly
license an existing dwelling unit or condominium unit as a resort dwelling or resort
condominium in accordance with applicable provisions of chapter 509, Florida
Statutes. The city manager shall promulgate a form to be used by owners for
purposes of declaring their intent under this subsection. A one hundred dollar
($100.00) filing fee per existing unit and one hundred dollar ($100.00) filing for a
preliminary nonconforming certificate is also hereby established and required to be
paid by the owner at the time of filing the notice of intent. If the owner fails to timely
file a notice of intent within the thirty day time period for a particular dwelling or
condominium unit, the owner shall be barred from claiming nonconforming status
under this section for said unit.
(2) Except as provided in subsection (b)(5), within one (1) year of filing the notice
of intent required by subsection (b)(1), the owner shall have obtained the requisite
license from the Florida Department of Business and Professional Regulation and
certificate of occupancy from the building official for the subject dwelling or
condominium unit. Proof of the requisite licensure and certificate of occupancy shall
be submitted to the city manager within the one year time period, and upon receipt
and verification of the same, the city manager shall issue, and record in the official
public records of Brevard County, Florida, a certificate of nonconforming status to
the owner for the subject dwelling or condominium unit. If the owner fails to provide
proof of the license and certificate of occupancy within the one year time period
required by this subsection, the owner shall be barred from claiming nonconforming
status under this section even though a notice of intent was filed under subsection
(b)(1).
(3) Proof of the requisite certificate of occupancy shall require the owner to
satisfactorily demonstrate to the building official compliance with all applicable
building codes and to also satisfactorily demonstrate to the fire chief compliance with
all applicable fire codes. In furtherance of this requirement, the owner shall be
required to file with the building official and fire chief a life safety plan for the
subject dwelling or condominium unit within thirty (30) days following the filingof
the notice of intent required under subsection (b)(1), unless filing of the life safety
plan is otherwise required by state law. Said plan shall contain the information
deemed necessary by the building official and fire chief in order to determine
compliance with the applicable building and fire codes. Upon acceptance of the life
safety plan by the building official and fire chief, the owner shall have ninety (90)
days in which to file detailed plans and specifications covering all repairs and
City of Cape Canaveral
Ordinance No.04-2007
Page 7 of 10
improvements required to demonstrate compliance with all applicable building and
fire codes, unless filing of the plans and specifications is otherwise required by state
law.
(4) The one year time period may be extended by the building official or fire chief
for good cause shown, provided that the owner has demonstrated a good faith effort
to comply with the provisions of this section and the owner has not unlawfully used
the subject unit in violation of this section after June 19, 2007.
(5) A preliminary certificate of nonconforming status for a resort dwelling or resort
condominium shall be issued for a dwelling unit that has not yet been constructed,
provided a site plan application for the construction of the dwelling unit has been
approved by, or filed with, the City by June 19, 2007, and pursuant to subsection
(b)(1), the owner has timely filed a notice of intent with the city manager which
declares and registers the owner's intent to duly license the proposed dwelling unit
or condominium unit as a resort dwelling or resort condominium in accordance with
applicable provisions of chapter 509, Florida Statutes, when the unit is constructed.
However, upon issuance of a preliminary certificate of nonconforming status, the
owner shall be required to comply with the following additional conditions in order
to receive a final certificate of nonconforming status:
(i) If a site plan was filed, but not yet approved, before June 19, 2007, the owner
shall have one (1) year from June 19, 2007 to obtain site plan approval to construct
the dwelling unit(s) or condominium unit(s);
(ii) At the time the dwelling or condominium unit receives an initial certificate of
occupancy from the building official, the unit shall meet the building and fire code
standards applicable to resort dwellings or resort condominiums; and
(iii) Within sixty (60) days of receiving a certificate of occupancy for a resort
dwelling or resort condominium unit, the owner shall be required to obtain the
requisite license from the Florida Department of Business and Professional
Regulation for said unit and shall obtain a final certificate of nonconforming status.
If the owner constructs the units and fails to meet the aforementioned conditions, the
owner shall be barred from claiming nonconforming status under this section even
though a preliminary certificate of nonconforming status was issued.
(c) Any resort dwelling or resort condominium deemed nonconforming pursuant to this
section shall lose its nonconforming status if any one (1) of the following occurs:
City of Cape Canaveral
Ordinance No.04-2007
Page 8 of 10
(1) The resort dwelling or resort condominium use is abandoned pursuant to
section 110-197 of this Code;
(2) The Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation revokes the resort dwelling's or resort
condominium's license for whatever reason, or if said license should otherwise
expire or lapse at any time for a period of time in excess of thirty (30) days.
(3) The resort dwelling or resort condominium unit has been repeatedly found to
be in violation of applicable building, fire, and zoning code requirements on more
than three (3) separate occasions within the previous three year period commencing
on the date that the most recent violation was cited. For purposes of this subsection,
the term violation shall include those violations declared by the state or the city or a
combination of violations declared by the state and city.
(d) It shall be unlawful for an owner to operate a resort dwelling or resort condominium
in a zoning district other than C-1 (Low Density Commercial District) unless the owner has
obtained a certificate of nonconforming status under this section. In furtherance of the public
health, safety, and welfare of the public that occupy resort dwellings and resort
condominiums, the city manager is hereby authorized to take whatever lawful steps are
necessary, with the assistance of the building official and fire chief, to require that the
operation of a resort dwelling or resort condominium within the city is in compliance with
the city's zoning and certificate of occupancy requirements. Said steps may include, but are
not limited to, seeking injunctive relief in a court of competent jurisdiction.
Sec. 110-486. Rental Restrictions on Dwelling Units.
It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive
days in any zoning district, excluding hotels, motels under section 110-332(4) and resort
condominiums in the C-1 zoning district.
* * *
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
City of Cape Canaveral
Ordinance No.04-2007
Page 9 of 10
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section,subsection,sentence,clause,phrase,word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,whether for substantive,procedural,or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral,Florida,this 19th day of June,
2007.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog X
Leo Nicholas Motion
Buzz Petsos Second
Rocky Randels X
C. Shannon Robers X
SUSAN STILLS, City Clerk
1st Legal Ad Published: May 29, 2007
First Reading: June 5, 2007
2nd Legal Ad published: June 12,2007
Second Reading: June 19,2007
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.04-2007
Page 10 of 10
SEAL
City of Cape Canaveral, Florida
ORDINANCE NO. 06-2012
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES TO REPEAL ZONING
REGULATIONS REGARDING THE PERMITTED
LOCATION OF "RESORT CONDOMINIUMS" AND
"RESORT DWELLINGS" NOW COLLECTIVELY KNOWN
AS "VACATION RENTALS" PURSUANT TO FLORIDA
STATUTES; MAKING CONFORMING AMENDMENTS TO
SECTION 2-283; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council previously adopted Ordinance No. 04-2007, as amended by
Ordinance No. 02-2011 (the "Resort Use Ordinances"), which expressly established that the C-1
zoning designation would constitute the applicable zoning classification for resort condominiums
and resort dwellings, as defined by chapter 509, Florida Statutes, to be located within the City; and
WHEREAS, the Resort Use Ordinances also established regulations for allowing existing
and other permitted resort condominiums and resort dwellings not within the C-1 zoning designation
to be grandfathered as nonconforming uses until abandoned pursuant to the criteria established in
the City's zoning Code; and
WHEREAS, subsequent to the adoption of the Resort Use Ordinances, the Florida
Legislature revised the nomenclature for these uses and said uses are now collectively referred to as
"vacation rentals" pursuant to section 509.242(1)(c), Florida Statutes; and
WHEREAS, in accordance with Chapter 2011-119, Laws of Florida, the City Council
acknowledges and recognizes that the Legislature has now preempted local regulations and
ordinances regarding the use of vacation rentals and that ordinances adopted on or before June 1,
2011 (including the Resort Use Ordinances) were exempted from the new preemption imposed by
the Florida Legislature; and
WHEREAS, although the Resort Use Ordinances are exempt from said preemption, the City
Council desires, as a matter of policy, to discontinue and forego the regulation of vacation rentals
by specific zoning classification; and
WHEREAS, it is the intent and purpose of this Ordinance to repeal the City's current zoning
City of Cape Canaveral
Ordinance No. 06-2012
Page 1 of 9
policy of only allowing vacation rentals to be located in the C-1 zoning classification and to allow
vacation rentals in dwellings in accordance with the applicable provisions of Florida law including
the Florida Building Code and Florida Fire Prevention Code; and
WHEREAS, notwithstanding the City Council' s desire to repeal the aforementioned zoning
regulation affecting vacation rentals, it is not the City Council's desire to repeal the minimum seven-
day rental restriction which has existed in the City of Cape Canaveral prior to the adoption of the
Resort Use Ordinances and was upheld as a valid restriction in the Brevard County Circuit Court
Case, Royal Mansions Condominium Association, Inc. v. City of Cape Canaveral, Case No. 89-
16393-CA-N; 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.
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. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and sL.uut
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Resort dwelling shall mean any individually owned one family, two family;
three-family, or four-family dwellling house or dwelling unit which is rented more than three (3)
times in a calendar year for periods of less than thirty (3) days or one (1) calendar month, whichever
is less, or which is advertised or held out to the public as a place regularly rented for periods of less
City of Cape Canaveral
Ordinance No. 06-2012
Page 2 of 9
than thirty (30) days or one (1) calendar month, whichever is less.
Resort condominiums shall mean any unit or group of units in a condominium, cooperative,
or timeshare plan which is rented more than three-(3)-times in a calendar year for periods of less than
thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to
the public as a place regularly periods of less than thirty (30) days of one (1) calendar
month, whichever is less.
* * *
ARTICLE VII. DISTRICTS
* * *
DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 110-271. Intent.
The requirements for the R-1 low density residential district are intended to apply to an area
of single-family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
overpopulation, to promote the permanent residency of single families and to enhance and maintain
the residential character and integrity of the area.
* * *
DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-291. Intent.
The requirements for the R-2 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation, to promote the presidency of
families and to enhance and maintain the residential character and integrity of the area.
* * *
DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-311. Intent.
The requirements for the R-3 medium density residential district are intended to apply to an
City of Cape Canaveral
Ordinance No. 06-2012
Page 3 of 9
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation, to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
* * *
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
Sec. 110-332. Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
* * *
{15) Resort dwellings or resort condominiums duly licensed by the state, provided a
special exceptions for a residential dwelling has been granted for the subject property. Resort
condominiums satisfying the certificate of occupany and zoning requirements for a hotel,
motel under the City Code shall be regulated as a principle use under section 110-332(4)
Hotel, motels.
* * *
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
* * *
Sec. 110-486. Resort dwelllings; Resort Condomimiums; Nonconforming Use Status;
Expiration.
(a) Resort dwellings and resort condominiums that are not located within a C-1 zoning
district shall be deemed a nonconforming use subject to the provisions of Chapter 110,
Article V, Nonconformities, of this Code, provided said resort dwelling or condominium is
declared existing in accordance the terms and conditions set forth in this section.
(b) In order to be declared existing under this section, the owner of the resort dwelling
or resort condominium shall timely obtain a certificate of nonconforming status from the city
manager as follows:
City of Cape Canaveral
Ordinance No. 06-2012
Page 4 of 9
(1) The owner shall file a written notice of intent with the city manager within thirty
(30) days of June 19, 2007 which declares and registers the owner's intent to dulu
license an existing dwelling unit or condominium unit as a resort dwellling or resort
condominium in accordance with applicable provisions of chapter 509, Florida
Statutes. The city manager shall promulgate a form to be used by owners for
purposes of declaring their intent under this subsection. A one hundred dollar
($100.00) filing fee per existing unit and one hundred dollar ($100.00) filing for a
preliminary nonconforming certificate is also hereby established and required to be
paid by the owner at the time of filing the notice of intent. If the owner fails to timely
file a notice of intent whithin the thirty day time period for a particular dwelling or
condominium unit, the owner shall be barred from claiming nonconforming status
under this section for said unit. .
(2) Except as provided in subscetion (b)(5), within one (1) year of filing the notice
of intent required by subsection (b)(1), the owner shall have obtained the requisite
license from the Florida Department of Business and Professional Regulation and
certificate of occupancy from the building offical for the subject dwellling or
condominium unit. Proof of the requisite licensure and certificate of occupancy shall
be submitted to the city manager within the one year time period, and upon receipt
and verification of the same, the city manager shall issue, and record in the offical
public records of Brevard County, Florida, a certificate of nonconforming status to
the owner for the subject dwelling or condominium unit. If the owner fails to provide
proof of the license and certificate of occupancy within one year time period
required by this subsection, the owner shall be barred from claiming nonconforming
status under this section even though a notice of intent was filed under subsection
(b)(1).
(3) Proof of the requisite certificate of occupancy shall require the owner to
satisfactorily demonstrate to the building offical compliance with all applicable
all applicable fire codes. In furtherance of this requirement, the owner shall be
required to file with the building offical and fire chief a life safey plan for the
subject dwelling or condominium unit within thiry (30) days following the filing of
the notice of intent required under subsection (b)(1), unless filing of the life safety
plan is otherwise required by state law. Said plan shall contain the information
deemed necessary by the building offical and fire chief in order to determine
compliance with the applicable building and fire codes. Upon acceptance of the life
safety plan by the building and fire chief, the owner shall have ninety (90)
days in which to file detailed plans and specifications covering all repairs and
improvements required to demonstrate compliance with all applicable building and
fire codes, unless filing of the plans and specifications is otherwise required by state
law.
(4) The one year time period may be extended by the building official or fire chief
City of Cape Canaveral
Ordinance No. 06-2012
Page 5 of 9
for good cause shown, provided that the owner has demonstrated a good faith effort
to comply with the provisions of this section and the owner has not unlawfully used
the subject unit in violation of this section after June 19, 2007.
(5) A preliminary certificate of nonconforming status for a resort dwelling or resort
condominium shall be issued for a dwelling unit that has not yet been constructed;
provided a site plan application for the construction of the dwelling unit has been
approved by, or filed with, the City by June 19, 2007, and pursuant to subsection
(b)(1), the owner has timely filed a notice of intent with the city manager which
declares and regisiters the owner's intent to duly license the proposed dwelling unit
or condominium unit as a resort dwelling or resort condominium in accordance with
applicable provisions of chapter 509, Florida Statues, when the unit is constructed.
However, upon issuance of a preliminary certificate of nonconforming status, the
owner shall be required to comply with the following additional conditions in order
to receive a final certificate of nonconforming status.
(i) If a site plan was filed, but not yet approved, before June 19, 2007, the
owner shall have one (1) year from June 19, 2007 to obtain site plan approval
to construct the dwelling unit(s) or condominium unit(s);
(ii) At the time the dwelling or condominium unit receives an initial
certificate of occupancy from the building official, the unit shall meet the
building and fire code standards applicable to resort dwellings or resort
condominiums; and
(iii) Within sixty (60) days of receiving a certificate of occupancy for a resort
dwelling or resort condominium unit, the owner shall be required to obtain
the requisite license from the Florida Department of Business and
Professional Regulation for said unit and shall obtain a final certificate of
nonconforming status.
If the owner constructs the units and fails to meet the aforementioned
conditions, the owner shall be barred from claiming nonconforming status
under this section even though a preliminiary certificate of nonconforming
status was issued.
(c) All resort dwellings and resort condominium deemed nonconforming pursuant to
this section shall remain licensed at all times by the Division of Hotels and Restaurants of
the Florida Department of Business and Professional Regulation. Should said license be
revoked for any reason, or otherwise lapse or expire, the resort dwelling or resort
condominium shall not be permitted to operate as a resort dwelling or resort condominium
until said license is renewed or restored. Should any nonconforming resort dwelling or resort
condominium license lapse for more than 180 days, said resort dwelling or resort
condominium shall be considered abandoned pursuant to section 110-197 of this Code, and
City of Cape Canaveral
Ordinance No. 06-2012
Page 6 of 9
shall lose its nonconforming status.
(d) Any resort dwelling or resort condominium deemed nonconforming pursuant to this
section shall lose its nonconforming status if any one (1) of the following occurs:
(1) The resort dwelling or resort condominium use is abandoned pursuant to
section 110-197 of this Code;
(2) The resort dwelling or resort condominium unit has been repeatedly found to
be in violation of applicable building, fire, and zoning code requirements on more
than three (3) separate occasions within the previous three year period commencing
on the date that the most recent violation was cited. For purposes of this subsection,
the term violation shall include those violations declared by the state or the city or a
combination of violations declared by the state and city.
(e) It shall be unlawful for an owner to operate a resort dwelling or resort condominium
in a zoning district other than C-1 (Low Density Commerical District) unless the owner has
obtain a certificate of nonconforming status under this section. In furtherance of the public
health, safety, and welfare of the public that occupy resort dwellings and resort
condominiums, the city manager is hereby authorized to take whatever lawful steps are
necessary, with the assitance of the building official and fire chief, to require that the
operation of a resort dwelling or resort condominium within the city is in compliance with
the city's zoning and certificate of occupancy requirements. Said steps may include, but are
not limited to, seeking injunctive relief in a court of competent jurisdiction.
Sec. 110-486. Vacation Rentals.
Nothing contained in the City Code shall be construed as prohibiting the use of any dwelling
unit as a "vacation rental," as defined by Chapter 509, Florida Statutes. Vacation rentals shall
comply with the minimum seven-day rental restriction pursuant to section 110-487 of the City Code
and shall be governed by Chapter 509, Florida Statutes, the Florida Building Code and the Florida
Fire Prevention Code.
Sec. 110-487. Rental Restrictions on Dwelling Units.
It shall be unlawful for any person to rent a dwelling for less than seven consecutive days in
any zoning district, excluding hotels; and motels under subsection 110-332(4) and resort
condominium vacation rentals in the C-1 zoning district.
Section 3. Conforming Amendment to Section 2-283. Section 2-283, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Section 2-283. It is intended that the text in Section 2-283
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
City of Cape Canaveral
Ordinance No. 06-2012
Page 7 of 9
existing prior to adoption of this Ordinance):
Sec. 2-283. Applicable codes and ordinances; class violations.
(a) The following city codes and ordinances may be enforced by civil citation to the
Brevard County Court, and are assigned the violation classification enumerated below:
* * *
(10) Reserved. Section 110-486(d), Resort dwellings, resort condominiums,
nonconforming use status; expiration ... Class IV.
***
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 06-2012
Page 8 of 9
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of
April, 2012
ROCKY RAND'ELS,Mayor
ATTEST:
ANGELA APPERSON, City Clerk
For Against
John Bond X
Bob Hoog Second
Buzz Petsos X
Rocky Randels Motion
Betty Walsh X 1
1st Legal Ad Published: March 12,2012
First Reading: March 20,2012
2nd Legal Ad published: March 29,2012
Second Reading: April 17,2012
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney i
City of Cape Canaveral
Ordinance No.06-2012
Page 9 of 9
SEAL
City of Cape Canaveral, Florida 1
City of Cape Canaveral
City Council Meeting - October 20, 2020
Agenda Item Summary
Item No. 13
Subject: Council Code of Conduct Article II. Sec. 2-28 City Code of Ordinances.
Department: City Council
Summary: Councilmember Morrison and Councilmember Kellum have been on social media
inciting discontent against the multi-gen/cape center project. This project has been in the vision
of this city for the last 12 yrs. It has been thru at least 6 council changes, thru all respective boards
and back to council. All board and council meetings were duly noticed, as per city codes. So the
project has been public for years.
The council today, has authorized the Interim city manager, Todd Morley who is at this date the
city manager, to enter into contract, as they instructed, with guidance from the city attorney,
based on all engineering, cost, surveys, design, as noted from the public meetings held by leisure
services, in city hall chambers. The city manager signs the contract, not the council, as noted in
some post.
Councilmember Morrison has stated: The attorney said the contract needed a lot of work. The
attorney's statement was, it needed a few T's crossed and some I's dotted. All legal needs were in
place. The cost of the contract. from the listed contractor was stated. The cost was above the
projected cost of the projects, due to the cost of some of the infrastructure of the park and splash
pad being added into phase 1 of the project.
Council member Morrison is wanting to change history of this city's past meeting of the Vision,
and all past councils, by these post's he has violated the City's code of conduct, as Follows:
Administration: Chapter 2 of the City Code of Ordinances
(b)(p) I understand the city manager is responsible for administering the policy direction
established by the majority vote of the city council and not the wishes of one individual council
member.
Comment from council member Morrison's post, and many other about the Mayor,
"Government at all levels do not allow one person the authority to do anything on their own due
to the dangerous ideas I was hearing from the Mayor." The council, not only the mayor has
directed the city manager to engage into the contract that was presented, of which we were
assured by the city attorney that it met all legal criteria.
Council member Morrison's quote, "I am not going to give up now, but we are down to the
wire." #2 please let me know if you agree or disagree with this decision and or what you feel is
the next step."
(j) I will refrain from any individual action that could compromise lawfully authorized decisions
of the city or the integrity of the city or my fellow councilmembers.
Social media post by council member Morrison and council member Kellum seek to undermine
the decisions duly made by the city council. Further it erodes public trust of the city council and
staff.
(d) I will refrain from any intimidation and ridicule of fellow council members.
City of Cape Canaveral
City Council Meeting — October 20, 2020
Agenda Item No. 13
Page 2 of 2
(e) In my capacity as councilmember, I will refrain from inappropriate language including
statements that are malicious, threating, slanderous, disparaging, mean spirited, vulgar, or
abusive.
A Mr. Taber is with Mr. Frederick and Andrea-shea-king, on a post (Canaveral by the Sea)
directed to councilmember Morrison, very misinformed, chastising myself and all
councilmembers. Mr. Taber admits he is relatively new and uninformed. There were many other
posts, too numerous to mention all that Councilmember Morrison or councilmember Kellum did
not take the time to inform them of the correct information. Councilmember Morrison's reply
"Thanks for digging into this issue, due to the sunshine law etc. I have provided an update on my
council page and I will be sure to answer any questions you have." 2nd comment to Mr. Taber
"Thank you! We need to keep focused on this Issue. I will be providing an opportunity for
everyone to take action very soon." Councilmember Kellum's comment to Mr. Taber "I appreciate
your comments and concern and have to say that I agree 100% with your stance." Councilmember
Kellum goes on to say about more important projects, such as the Lagoon, (which we are
overboard on, compared to other cities). "Please continue to put pressure on my fellow council
members. I will continue to try and effect change within". "Thank you for your comment".
(r) I will be accountable to the city council for violations of this code of conduct.
Submitting Council Member:
Mayor Hoog Date: 10/06/2020
Attachments:
1. Code of Conduct
2. Social Media Post Violations of Code of Conduct
Attachment 1
Sec. 2-28. -Code of conduct.
In addition to adhering to the requirements of state law, all councilmembers shall commit to the
following code of conduct by written affirmation, which shall remain on file with the city clerk, as follows:
(a) I affirm that the proper statutory and City Charter role of a councilmember, as with any elected
member of a legislative body, is to act collectively, not individually, to set and/or revise and/or to
apply the city's governing policies and that the city manager and staff administer such policies.
(b) I understand that a councilmember does not manage the affairs of the city. I will not intrude into
daily operations or spheres of responsibility designated by Florida Statutes, City Code, and City
Charter to the city manager as the chief executive officer; or undermine the city manager's
lawful authority. Further, I understand that the city manager is responsible for administering the
policy direction established by a majority vote of the city council and not the policy wishes of
one individual councilmember.
(c) I will represent the interests of the entire city when making decisions and will rely upon
available facts and my independent judgment. In my capacity as a councilmember, I will avoid
conflicts of interest and avoid using my official position for personal, professional, or partisan
gain.
(d) I will demonstrate dignity, respect, and courtesy toward those whom I am in contact with in my
capacity as a councilmember. I will refrain from intimidation and ridicule of fellow
councilmembers, city manager, city attorney, staff, citizens of the city, and city utility customers.
(e) In my capacity as a councilmember, I will refrain from inappropriate language including
statements that are malicious, threatening, slanderous, disparaging, mean-spirited, vulgar or
abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping
with the dignity and professionalism of an elected official and the honor of the city council.
(f) I will focus on solving problems. I will maintain appropriate decorum and professional demeanor
in the conduct of city business and work cooperatively and conscientiously with others as I
request or receive information, examine data or weigh alternatives in the decision-making
process.
(g) I will demonstrate patience and refrain from demanding, interruptive access to staff or
immediate responses or services when requesting information that requires significant staff time
in research, preparation or analysis or that will result in staff neglect of urgent duties. Such
requests will be made through the city manager for scheduling and prioritizing through
consensus of the city council.
(h) I will devote adequate time for preparation prior to city council meetings and as much as
possible, I will be in attendance at such meetings and all other scheduled events where my
participation is required.
(i) I will respect diversity and encourage the open expression of divergent ideas and opinions from
fellow city councilmembers, city manager, city attorney, staff, citizens of Cape Canaveral, and
city utility customers. I will listen actively and objectively to others' concerns or constructive
criticisms.
(j) I will refrain from any individual action that could compromise lawfully authorized decisions of
the city or the integrity of the city and my fellow councilmembers. I will delineate clearly for any
audience whether I am acting or speaking as an individual citizen or in my capacity as a
representative of the city.
(k) I will maintain in confidence any privileged or confidential information provided to me by the city
and will not disclose such information publicly or to any person who has not been duly
authorized by the city to receive such information, unless such disclosure is duly authorized by
the city council or city manager or required by law. In addition, I will refrain from copying any
written privileged or confidential documents provided to me by the city and will keep such
documents in safekeeping. Further, upon leaving office or upon request by the city council or
city manager, I will return to the city any privileged or confidential documents or materials
provided to me by the city while serving on the city council.
(I) I will abide by all laws of the state applicable to my conduct as a councilmember, including, but
not limited to, the Government in the Sunshine Law, the Florida Code of Ethics for Public
Officers, and city rules of procedure and codes of conduct.
(m) I will promote constructive relations in a positive climate with all city employees, city attorney,
and city contractors and consultants consistent with my role as a councilmember, as a means to
enhance the productivity and morale of the city. I will support the city manager's decision to
employ the most qualified persons for staff positions. I will recognize the bona fide
achievements of the city manager, staff, city attorney, city contractors and consultants, business
partners, and other sharing in, and striving to achieve, the city's mission.
(n) I will enhance my knowledge and ability to contribute value to the city as a councilmember by
keeping abreast of issues and trends that could affect the city through reading, continuing
education and training. I will study policies and issues affecting the city, and will attend training
programs if required by the city. My continuing goal will be to improve my performance as a
councilmember.
(o) I will value and assist my fellow councilmembers by exchanging ideas, concerns, and
knowledge through lawful means of communication. I will help build positive community support
for the city's mission and the policies established by the city council.
(p) I will support and advocate for my beliefs, but will remain open to understanding the views of
others. I recognize that I share in the responsibility for all city decisions and will accept the will
of duly authorized decisions of the city council and city electorate.
(q) I understand that my first priority as a councilmember will always be to look out for the best
interests of the citizens of the city and the public health, safety and welfare. I will seek to provide
appropriate leadership that nurtures and motivates city citizens to be stakeholders in the affairs
and achievements of the city.
(r) I will be accountable to the city council for violations of this code of conduct.
(Ord. No. 09-2011, § 2, 10-18-11)
Councilman Wes Morrison
Attachment 2
Why was the majority of our City Council who you elected not willing to allow us to meet and
review the final contract before it was signed?
Did you elect us to allow our City Staff to sign an Agreement totaling roughly $8,000,000 (Eight
Million Dollars) before we read the contract? 1 do not think so. But, that is what happened last
Tuesday.
Many of my neighbors and citizens of Cape Canaveral have been asking about the recent
controversial vote at the Sept 15th City Council Meeting for Agenda Item #9 to approve the
approximate $8 MILLION DOLLAR construction contract for both the Multi -Generational Facility
and the C.A.P.E Center within our Cultural & Leisure Services Department.
I reached out to as many people as I could prior to this meeting and have been trying to improve
our approach to this project since the beginning. Many citizens have spoken up and I have done
my best to argue that we need to not allocate this much money into one area until we have
funded higher priorities in our city.
Unfortunately, the Council voted 3-2 in favor of moving forward even though the costs
dramatically increased making this the most expensive capital project that I am aware of in the
history of our City
HOWEVER, the most concerning part of the meeting was the willingness of the Council to
approve this contract even though the actual contract we were approving was NOT provided in
the original Agenda Packet. We receive Agenda Packets one week prior to each Council meeting
and use the information within to prepare for the meeting.
When I read through the packet and saw the contract to be voted on was not included, I had to
make a special request for Council to receive it. I then received an incomplete ROUGH DRAFT
version less than 48 business hours prior to the start of the meeting. We were asked to vote to
approve a contract, yet it was not finished and/or ready to be approved as the Agenda Item
stated.
In short, the Council was willing to approve a contract which they would not see the final version
until AFTER it was signed. I reached out to many of you about my concem on this prior to the
meeting, some showed up to speak against it. 1 think we all agree, that is not how we should be
doing business as a City.
At the Council meeting, I even tried to compromise and offered to come back quickly and meet
for a final review on any day once the contract was ready to sign. What is the risk in doing that?
Why was the Council so reluctant to read a contract before the City Manager signed it?
HERE IS WHAT I WAS TOLD BY THE MAYOR: He essentially said that I would be able to read the
executed contract BEFORE the shovel hit the ground.
(Yes, you heard that correctly, but you need to hear it for yourself. He is literally saying, that I can
read it AFTER it was signed.)
If you listen, you will hear where ! replied (a little later at lh 12m in the video) that "I wanted to
read the contract BEFORE the pen hit the paper." You elected us to make informed decisions,
especially when those decisions put us into debt and total $8 million dollars and come ahead of
higher priorities.
In this country, our governing bodies at all levels usually do not allow one person the authority to
do anything on their own due to the dangerous ideas like I was hearing from the Mayor.
However, the Mayor was comforted by two other elected Members on the City Council (Brown &
Raymond) who agreed with him giving your City Council the majority support to JAM this project
to the next stage, even though it was not ready.
For those of you who have been following, you know I have consistently argued against this
process, not the necessarily the whole project. But, I am against the scope that this project now
has taken on. I am not going to (live up now. but we are down to tha wire.
This is the same majority of Council who did not want to schedule a public workshop I requested
to allow you to be informed about the designs we approved.
It is the same Council that did not want to use a small percentage of the budget to mail each
citizen (YOU) a post card about this multi -million dollar project to ensure you knew about it
And it is the same Council who does not want to consider the data from the most recent and
credible 2018 survey (largest response we have ever obtained) where only 11% of the citizens said
they were disatisfied with fitness and recreation within the City.
Think about that...why are we spending this amount of money on something that maybe 11%
think we need. And how many of that 11% think it should cost more than any other capital
expense in over 50 years of being a City?
If you would like to help please watch and then comment below or email me below your
thoughts.
W.Morrison@CityOfCapeCanaverai.org
Please let me know if you agree or disagree with this decision and or what you feel is the next
best step. I will also do my best to answer any questions. I hope you stay tuned for how you can
help as we move forward. If we do this the right, and willing to work together we can make this a
win for everyone. Unfortunately, I am not getting any flexibility from the majority of this Council.
You elected us to pay attention and I am doing my best. Please help me pay attention. You do
not need to watch the whole video (even though that may be helpful) but please try to start at 38
minutes and 15 seconds which is the time when we began discussing this specific agenda item. If
you click the link it will automatically start playing from there.
Direct Link to the City's Video starting with Agenda #9: https://youtu.be/Y4grl1yve2A?t=2295
Thank you,
Wes Morrison
City Council Member
City of Cape Canaveral
[Screenshot of YouTube-hosted video of Hybrid Council Meeting]
YOUTUBE.COM
City Council Meeting 9/15/20
Comments
Wes Morrison
Rick Wetherington Yes sir, thank you for trying to stay aware of what's
happening and let me know if there is anything I can do.
Like Reply 13h
Write a reply...
Dave Severn
Is there a lawyer out there who can file something to block this?
Unacceptable form of "government of the people".
I'll remember this come election time!!!
Like Reply 13h
Risa Budesa
This is nuts. As others have said, who signs a contract that they haven't read through
prior to signing? Congress does similar things and I'm really tired of this type of
governing. When did government stop working for the people? Will definitely
remem... See More
Like Reply 13h
Carol James Willard
Never ever sign a contract until you've read the whole thing and your attorney has
read it and agrees it is good for you or your business. Otherwise you ( and in this
case the citizens of Cape Canaveral) are royally screwed.
Like Reply 14h Edited
Dianne Marcum
Councilman Wes Morrison After moving from the city, I don't have any say in Cape
C politics, but l have known since you were elected that you are a decent and smart
man, who will do the best for CapeCanaveral.
Like Reply 13h
Steven Mogell
Wes Morrison, thank you for your oversight. Alas, I have seen this type of City
Government before.. It happens when there is a strong (full time) City Manager who
rides herd over the part time elected Council members. This coupled with an
inattentive... See More
Like Reply 1h
Like Reply 1h
Bob Petty
Business as usual with the ole boys club . Sad and can't wait for the next election.
Like Reply 5h
Sherry Homik
Maybe time for investigations into conflict of interests
Like Reply 14h
Mary Jane Brackett
God Bless you Wes- seems your out numbered...next election i pray folks remember
this
Like Reply 14h
Tammy Harrington
Thank you for the information. I do NOT agree with the way this is moving forward. I
wouldn't sign an unfinished contract for $800 let alone $8 million. And I also agree
the majority of the city may not need want or use it. That alone doesn't mean I do...
See More
Like Reply 14h Edited
Lorri J. Johns
Wesley the community is so lucky to have some like you
Like Reply 13h
Liz Havell Lockard
I read that this project had been in the works for the last 20 years (on the City's
Facebook page). Has the city been setting aside the taxpayers $ into a special
account to fund this? And in 2018 they were calling it a 5 million $ project. What
changed?
Like Reply 10h
Debbie Andra
Thank you for this post. Very informative. I don't understand why members would
approve a contract that apparently hasn't been finalized. Was this a final vote?
Maybe there should be a recall election.
Like Reply 15h
Councilman Wes Morrison
Yes, this was the final vote on the approval of the construction agreement and
the Council is not required to meet on any future decisions regarding the
construction of these specific project from what I have reviewed.
Like Reply 14h
Rick Wetherington
Wes,
Does the City of Cape Canaveral have a lawyer on retainer that reviews these
contracts that are submitted to city, and if they do what was his
recommendation on this rough draft of this contract.
Like Reply 13h
Wes Morrison
Rick Wetherington Yes, we have a lawyer. He said that it still needed changes
before it was ready to be approved. One citizen who was also an attorney
pointed out some issues with the draft contract and the Attorney reminded
him that it was a draft.
However, the contract was not provided in the Agenda. In fact, when I asked
for it I saw a few different contracts that were being exchanged. They were still
figuring out which contract to use when they settled on one shortly before I
asked.
This shows that this item was brought to us prematurely. The staff were not to
blame for this since they were working, but I do blame council for rushing it.
In my opinion, we would have never seen the contract had I not asked because
they were not ready. So, the attorneys opinion as I understood it was the
reality that the contract still needed a lot of work
Like Reply 13h Edited
Rick Wetherington
Wes, thanks for you response, and your dedication to our community.
Like Reply 13h
Cape Canaveral by the Sea
Rodney Miles Taber . Henry Frederick and Andrea
Shea -King
September 19 at 12:12 PM
Wes Morrison, please tell me if this is wrong: YOU are seemingly the
only one on City Council who looks out for the good of the residents.
My wife and I are here two years and deeply in love with Cape
Canaveral. I thought small town corruption existed only in the movies
until experiences with Oak Hill and Edgewater, and it still does! We
became aware of the "Multi -Generational Facility." We became
alarmed and attended a council meeting, but it was too late. I'd read
CC is foolishly about $20 million in debt and just committed to
another $8 million for the MGF.
We didn't know where we stood on the issue, but as we drove by the
ballfields after the meeting I understand the MGF will replace, we
became disgusted. The fields and courts and playground there were
bustling with basketball games, team sports, families watching, so
much more! Who would drive past this and decide this small town
should go into debt another $8 million to replace the bustling green
space with a glorified skate park? It didn't make any sense.
Is it too late? Can the deal be stopped with a lawsuit of some kind? Or
if corruption is uncovered?
Then Andrea Shea -King WITHDRAWS from her campaign for city
council apparently due to threats from "somewhere."
Follow the moolah?
I asked myself, "Why would some $8,000-a-year city official play dirty
to suppress Andrea's candidacy?" They wouldn't! At $8k per year the
salary makes it a post filled by concern, duty, volunteerism.
But SOMEONE peddling influence and pushing an $8 MILLION -dollar
deal may have a LOT at stake. Eliminate the impossible and you're left
with the improbable. That puts these people on a suspect list as to
what role they are really playing in selling a small town of 10,000 an $8
million dollar deal to replace ballfields with a skate park:
Mayor Bob Hoog
Mayor Pro Tem Mike Brown
Council Member Wes Morrison
Council Member Angela Raymond
Council Member Mickie Kellum
Sorry, that's how this LOOKS. As far as I know, these five can
spend/commit $8 million of their constituents money and such an
expenditure is not required to be voted on by the residents. Shame on
us! We get the government we deserve, and in too many areas of
American, life the constituents have trusted things will be run well,
when the temptations of office loom too large for smaller minds and
souls.
Oversight rests with the citizens, but there are resources. The Florida
State Attorney General's office, for example. Or the sincere who DO sit
on the current council.
In fairness, I'm relatively new and uninformed. So if I'm way off, I
eagerly invite those five above or their supporters to inform us all as
to their innocence or correct misunderstandings. But if this is how this
appears to me, this is how this will appear to others, and has already.
So consider this a notice as to at least appearances —as accurate or as
wild as it may be —which I assume are vital to any politician, or even
more, any PERSON.
What we love about CC is the smaller -town CHARACTER and the
NATURE. This seems like a threat to that. There are few places left like
CC, and we'd hate to see it lost while no one was looking.
Thoughts?
Rodney Miles Taber
Cathy Baldassare maybe you should read my full
post and occupy Cape Canaveral before you
campaign for skate parks. No one is against skate
parks. Five people deciding to put a small town 8
million dollars in debt is the issue, and I believe
they've sig... See More
Like Reply 20h
Cathy Baldassare
Rodney Miles Taber who did they sign a contract
with?
Lilo Reply 20h
Cathy Baldassare
Oh and by the way the Port Authority has plenty of
money. I know that for a fact also. But can't say
how I know.
Like Reply 20h
Arthur J Schick
Cathy Baldassare Good for you. But there are no
bids. This park takes away current parks that ARE
EXTENSIVELY USED.
Like Reply 16h
Cathy Baldassare
You said it was already under contract, so how can
it be under contract without a bid. And now I am
thinking that price includes reamping the ball fields
and such as well. that is a good thing, those parks
are so old and run down. Plus consider this they
wanted well over $300000 just for playground
equipment for Roosevelt. Things are not cheap and
something to do with safety , people think they can
charge more. Are you a builder or an engineer? I
am not saying that is not a lot of money, but I am
sure you don't know all the facts, just like I don't.
But I will say this. The kids that skate deserve a park
just like the kids that deserve basketball, baseball. I
will totally help fight for this skatepark. And if you
sure you don't know all the facts, just like I don't.
But I will say this. The kids that skate deserve a park
just like the kids that deserve basketball, baseball. I
will totally help fight for this skatepark. And if you
tell me who to call, I will try to send them to a VERY
GOOD BUILDER FOR LESS.
Like Reply 4h
Constance Henderson
Sorry but it's all corrupt, look at sheriff Wayne Ivy ...
Like Reply 16h Edited
Arthur J Schick
Wayne Ivy is a great sheriff.
Like Reply 16h
Constance Henderson
Arthur J Schick nope
Like Reply 16h
Arthur J Schick
Constance Henderson He gets the bad guys, that's
what we hired him for. Sorry if you don't like bad
guys rounded up.
Like Reply 16h
Write a reply...
Councilman Wes Morrison
Rodney Miles Taber Thank you for digging into this
issue. Due to the Sunshine Law; I am not allowed to be
collaborating directly with other Council Members on
this post. So, I have provided an update on my Council
Page and I will be sure to answer any questions you have.
For those of you who have not seen the video, it was just
posted here. I started it at the Agenda #9 where you will
hear what happened.
https://www.facebook.com/256565381498927/posts/94
2030589619066/?extid = IaxxKvrCJd r91 pds&d = n
Rodney Miles Taber
Thanks so much, Wes, and thank you for your
service.
Like Reply 13h
Councilman Wes Morrison
Rodney Miles Taber Thank you! We need to keep
focused on this issue! I will be providing an
opportunity for everyone to take action very soon.
Like Reply 13h
Rodney Miles Taber
Councilman Wes Morrison and Councilman Mickie
Kellum have been looking after our interests, I believe.
But Mayor Bob Hoog (in particular),
Mayor Pro Tem Mike Brown, and
Councilman Angela Raymond,
seem to disregard constituents' opinions and sound
governance/financial responsibility. Please see
Councilman Morrison's post in the link above. This has
become a "pass it so we can read it" situation, barreling
over us, and we should not let it stand. We should all
realize that money comes from somewhere, and as
politicians buy favor, votes, even golden parachutes with
OUR money, cities deteriorate while costs to residents
rise.
I'm a two-year resident of CC and not very familiar with
Bob Hoog, but he sits at the top of this "situation."
Even in this post people —usually who do not reside here
—have supported "skate parks" but that's not the issue.
I' m not against inrrastructure ana growth, but
(A) not by ballooning debt,
(B) not in large amounts without a public vote,
(C) not in the presence of someone announcing a run for
City Council being —even allegedly —threatened into
dropping out.
PLEASE follow Councilman Morrison and participate in
whatever solutions he suggests, as noted above. Perhaps
this can be stopped. Perhaps a majority of us will
approve it (unlikely), but regardless, even the appearance
of corruption needs to be squashed.
Otherwise, if there is an attorney among you, an
investigator among you, a journalist among you —have at
it!
And for citizens who want to stand up, perhaps we
should, all along AIA at some point because Mayor Hoog
doesn't seem to know or care that we care. Perhaps he
does! He has a large pulpit from which to explain.
Like Reply 13h
Rodney Miles Taber
And after reading other posts, I believe Angela Raymond
HAS TO GO, as does the mayor. Or, we can go deep into
debt and invite Marxist violence into our little town. It
happens.
Like Reply 13h
Lisa Caldwell
Very well spoken
Like Reply 11h
Rodney Miles Taber
Cathy Baldassare $8000000
Like Reply 21 h
Cathy Baldassare
Rodney Miles Taber , I already saw that. Please
read my comment. A skate park doesn't cost that
much. St. Pete has the biggest in state and didn't
cost that much. You people wouldn't have a
problem if it was football, basketball, baseball. Kids
that skate DESERVE something as well. Look at the
size of city hall. I do I prove my point now!!!!
Like Reply 21h
Rodney Miles Taber
If you say so! Lol
Like Reply 21 h
Rodney Miles Taber
Cathy Baldassare do you not live in Cape
Canaveral?
Like Reply
Cathy Baldassare
Rodney Miles Taber , I know more about skating
then you probably ever will. My son helped bulid
the St, Pete park and has been skating for over 18
years.
Like Reply 21 h
Cathy Baldassare
Rodney Miles Taber , by the way DO YOU
SKATE?????
Like Reply 21 h
Cathy Baldassare
BY THE WAY THE EDGEWATER SKAT PARK, HAS A
DOG PARK,ECT. AND IS VERY WELL USED!!'!!' Been
there!!!!
Like Reply 21h
Arthur J Schick
We do need to stop this folly NOW.
Like Reply 1d
Rick Woodland
The cost per resident is 800.00 plus interest. Of course
some will bare a higher burden of that cost and some
lower.
Is it worth it?
Like Reply 1d
Arthur J Schick
nope
Like Reply 1d
Diane Smith Bateson
Agree. Let's find out
Like Reply 1d
Peter Quayle
Board meeting and vote to put it down, what about all
those pipes they put in for drainage, there gonna have to
dig right , the people who live right next to it are gonna
suffer with noise and litter
Like Reply 1d
Tina Rose Freeman
Wes Morrison and Mickie Kellum are the only two who
have stood with the majority of CC citizens and voted
against the wasteful spending and against the
underhanded agenda of the other 3 council members
(including the may... See More
Like Reply 1d Edited
Vanessa Van Dongen
Tina Rose Freeman clean house mayor and Angela
need to go!
Like Reply 1d
Cathy Baldassare
l didn' t read this whole thing, but what is wrong with
building a skate park for the kids?77?7 It is a popular
sport and the kids need a place to skate.
Like Reply 22 h
A Hide 19 Replies
Arthur J Schick
8 MILLION +?
Like Reply 22h
Arthur J Schick
Too much for a skate park.
Like Reply 22h
Cathy Baldassare
Arthur J Schick , who did they get bids from????
Skateparks keep kids busy and out of trouble. I
don't live in CC, but grew up over there. Plus I
remember when CBSP was built. My son is a huge
skater and he turned into a good man. I know lots
of ... See More
Like Reply 22h
Cathy Baldassare
By the way, do you know anything about building a
skate park and what it entales????
Like Reply 22h
Arthur J Schick
$800 per person is what it takes.
Like Reply 22h
Arthur J Schick
Go give your $800 today.
Like Reply 22h Edited
Cathy Baldassare
Arthur J Schick , I guess you don't. I bet if they got
a bid from the companies I am familiar with, it
would not be $8 million. Have you build a
park????? Well 1 have.
Like Reply 22h
Barbara Kouns Hammond
Danny Cook
Like Reply 1d
Peter Quayle
Spend that money to make our beaches cleaner like
raking them , put nice palm trees , and jetty's to keep the
sand fro erosion, just some ideas , the turtles will come
no matter what it's their habitat for millions of years ,
problem solved , another n... See More
Like Reply 1d
Rick Woodland
Odds are that in years or months the skate portion of the
facility will have to be closed down over liability issues
but the tax payers will remain on the hook for the facility
for years to come.
Like Reply 1d Edited
Peter Quayle
Rick Woodland you are so right, some one will sue
, more problems
Like Reply 1d
Nancy Lundell
Rick Woodland Also, the popular of recreational
sports comes and goes. Remember rollar blading?
How about windsurfing? Who needs a splas pad???
next to the ocean not to mention the river?
Like Reply 22h
Rick Woodland
Nancy Lundell that is an excellent point that I have
firsthand experience with. In the mid 1990's I led a
group in Hawaii in developing an inline hockey
league that included building a state of the art
ocean front rink facility. We had over 120 kids... See
More
Like Reply 15h Edited
Write a reply...
Cape Canaveral Council Member Mickie Kellum
Rodney Miles Taber I appreciate your comments and
concern and have to say that I 100% agree with your
stance. It is a matter of public record that I voted against
the $8 million MGF. It is not only entirely too costly but
will destroy the green space that currently exists there.
We do need a space for the children of the city but there
are many projects that are being neglected as a result
such as A1A safety, sidewalks throughout the city, the
health of the lagoon just to name a few. Please continue
to put pressure on my fellow council members. I will
continue to try and effect change from within. Thank you
for your comments
Like Reply 1d
Marcia Gloppe
Cape Canaveral Council Member Mickie Kellum as
I've posted before the liability issue is enormous.
I've decades in public entity insurance. I'd be happy
to volunteer and come look at your insurance
program
Like Reply 1d
Rodney Miles Taber
Cape Canaveral Council Member Mickie Kellum
Mickie Kellum that's great to hear! Thank you for
your service in that case! I voted for you and will
again : )
Like Reply 1d
Victor Ronk
Cape Canaveral Council Member Mickie Kellum
I am fully aware that you voted against the MGF
project and applaud you that. CC needs to be more
responsible with projects and consider which ones
are of most important - instead "feel good"
projects such as MGF. We already have a town hall
that was over built and over spent. Which has left
us in a hole.
Also CC does not need to spend funds for electric
car power stations. Nor should we over spend in
purchasing electric cars. I disagree with the
presentation that was made to the council that an
electric auto will cost less than a typical auto over
the long run. Again the typical "feel good"
mentality.
Like Reply 1d
Tina L Hardy
Cape Canaveral Council Member Mickie Kellum
Thank you
Like Reply 1d
Write a reply...
Joe McGrath
I heard there wasn't going to be a skate park or splash
pad.
Like Reply 1d
Dawn Terwillegar Taber
Joe McGrath that's about all it is.
Like Reply 1d
Valerie Marshall Kratzer
Joe McGrath so what are they doing with 8 million
dollars? Resin the wasteful project.
Llike Reply 1d
Like Reply 1d
Arthur J Schick
They need to see this post. They need to fear their
loss.
Like Reply 1d
Sybil Rowland Jordan
Arthur J Schick not if there's no one to run against
them. Someone has already run Andrea Shea -King
off. Who is planning to run against any of them?
Like Reply 1d
View 4 more replies
Alan Nelson
I like Andrea, and am disappointed she dropped out. The
dems on the council have the majority vote right now
and as far as I've seen never vote for anything Wes or
Mickie present. Angela needs to go, she's a rubber stamp
for Mike and Bob and I've never... See More
Like Reply 1 d Edited
Arthur JSchick
My question now is: "Did we question the council
members we voted for about the MGF prior to the
election?" and if not, why didn't we?
Like Reply 1d
Dixit Modi
Just a one suggetion. Can we have hop on hop off bus
from one end of Cape Canaveral to the other end of
Brevard county on A1A?
0
Like Reply 1d • Edited
Linda Hagen
Don't forget Rocky Randels. He was the Mayor when this
crap started and then several years on city council.
Like Reply 1d Edited
Steve Logan
Sounds like Democrats are taking hold of cc
God help us !!
Like Reply 1d
Arthur J Schick
We must end the MGF whenever presented with the
possibility. Even if some money is already wasted, the
whole idea is not useful for Cape Canaveral and the
majority of it's citizens.
Like Reply 1d
Dawn Terwillegar Taber
All this could arguing could be stopped if the plan was
put to a vote of the residents.
Like Reply 1d
Peter Quayle
Dawn Terwillegar Taber it should be voted
Like Reply 1d
Tina Williams
Best written statement I've seen in a long time. Imagine
people came here because they liked the small town but
that is not what is occurring.
Like Reply 1d
Arthur J Schick
There will be a big elimination of incumbent council
members next vote. They are all gone.
Like Reply 1d
Lindsey Evon Hoffman
Like Reply 1d
Gail Cox
ALL of the people who serve on the city council are
honorable people, doing the best they can by the people
they serve. You can disagree with decisions without
making them corrupt. ALL of them have long histories of
unpaid and mostly unappreciated pu... See More
Like Reply 1d
Rodney Miles Taber
Then they should have no fear of scrutiny : )
Like Reply 1d
Trumpaign
Gail Cox it's not the matter of making anyone
corrupt, I think it's clear that all these people are
doing 'the best they can'. However, many times
that isn't enough. I believe this is a matter of being
transparent and avoiding an 'appearance' of
someth... See More
Like Reply 1d
Rodney Miles Taber
Trumpaign well said'
Like Reply 1d
Gail Cox
This has been in the planning stages for years.
Where have you been? The financing has been
public record and discussed at literally dozens of
meetings.
Frankly, I can't wait until it is built.
I realize I'm in a big minority here because this is a
deep red group but while I sometimes disagree
with Wes I would never infer that he is corrupt. I
don't think Wes believes his fellow council
don't think Wes believes his fellow council
members are either, although I'm certain he
disagrees with them on many things.
Politics has entered a whole new low when you can
present your points without inferring that someone
is corrupt. When you do that... many of us stop
listening.
Like Reply 1d
Steve Logan
Keep em honest
And accountable for there actions!!
Like Reply 1d
Marcia Gloppe
Gail Cox well obviously the planning hasn't taken
into account the intense liability issues of a
skateboard park. I worked as a public entity
insurance underwriter and loss control for decades.
I'd be happy to volunteer my time to review the
City's insurance program because you'll need
excess layers to at least $ 20 million to cover the
injury losses lawsuits. Indemnity as well as defense
costs.
And NO. Waivers do not stand up in court. There's
been lawsuits in local, state, and federal cases that
have established case law putting liability on the
city and board members for skate park injuries. As
board members you'll need public entity
professional insurance with high limits and you
should up your personal insurance as well. YOU can
be named individually on those lawsuits.
Like Reply 1d - Edited
Betty Specht Downs
Gail Cox one of them said the skate park is no
longer happening, but 8 question why it's still on
the plan. I think we need confirmation from the
mayor if it's in or out.