HomeMy WebLinkAboutcocc_council_mtg_packet_20210817_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
August 17, 2021
6:00 P.M.
For those that cannot attend the Meeting and wish to submit a public comment:
Email your comment to CityClerk@CityofCapeCanaveral.org by noon the day of the Meeting.
To stream the Meeting at home: Please visit www.cityofcapecanaveral.org/city_meetings
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 1 6:15 p.m. - 6:35 p.m.
Presentation of Proclamation declaring August 2021 as "Florida Water Professionals Month" to
representatives from the Florida Water & Pollution Control Operators Association.
Interview Applicant for appointment to the Community Appearance Board. (Angela Trulock).
Interview Applicant for appointment to the Planning and Zoning Board. (Eugene Thorpe).
Presentation of the City of Cape Canaveral 2019 Inventory of Government Operational
Greenhouse Gas Emissions.
CONSENT AGENDA 1 6:35 p.m. - 6:40 p.m.
1. Approve Minutes for July 20, 2021 Budget Workshop and Regular City Council Meeting
and July 27, 2021 Special Meeting.
2. Resolution No. 2021-11; appointing a Member to the Community Appearance Board of
the City of Cape Canaveral and appointing and reappointing Members to the Planning
and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior
inconsistent resolutions, severability and an effective date. (Angela Trulock, Eugene
Thorpe, Nancy Gentilquore and Steven Stroud)
3. Approve the Fourteenth Addendum to Professional Services Agreement for Fertilization,
Insect, Disease, Weed Control and Pest Control Services in the amount of $54,606 with
Black's Spray Service, Inc. and authorize the City Manager to execute same.
City of Cape Canaveral, Florida
City Council Regular Meeting • August 17, 2021
Agenda Page 2 of 2
4. Approve Addendum to Professional Services Agreement for Mowing and Landscaping
Services in the amount of $264,144.36 with U.S. Lawns of Brevard dba Micnor Corp. and
authorize City Manager to execute same.
5. Approve Proposal from Mead and Hunt in the amount of $46,148 to complete a Center
Street Basin Stormwater System Analysis and authorize City Manager to execute same.
PUBLIC HEARINGS 1 6:40 p.m. - 7:30 p.m.
6. Ordinance No. 29-2021; amending Chapter 46 — Library of the City Code, related to the
Library Board; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, second reading.
7. Ordinance No. 32-2021; amending Sections 2-260 and 2-262 of the City Code related to
the application procedure for code enforcement lien satisfactions and releases including
authorizing the Special Magistrate to make recommendations to the City Council regarding
such applications; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, second reading.
8. Ordinance No. 27-2021; amending Section 58-1 of the City Code related to local public
notices for Future Land Use Map amendments; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date, first reading.
9. Ordinance No. 33-2021; amending the text of the City's Comprehensive Plan to include
a Property Rights Element as required by law; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Comprehensive Plan,
severability and an effective date and legal status of the Plan Amendment, first reading.
10. Ordinance No. 35-2021; amending Section 38-33 of the City's Fire Prevention and
Protection Code related to private entry gates; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date, first reading.
ITEM FOR ACTION 1 7:30 p.m. - 7:40 p.m.
11. Discuss and choose a final design concept for the Veteran's Memorial Park Redevelopment
Project.
REPORTS 1 7:40 p.m. - 7:50 p.m.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the City Council with respect to any matter considered
at this meeting, that person will need a record of the proceedings, and for such purpose that person may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with
Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation of Proclamation declaring August 2021 as "Florida Water Professionals
Month" to representatives from the Florida Water & Pollution Control Operators Association.
Department: Legislative
Summary: The Florida Water & Pollution Control Operators Association (FW&PCOA), organized
in 1940, is a non-profit trade organization that promotes the sustainability of Florida's water utility
industry through workforce development, to protect the health of Florida's citizens and to preserve
the state's water resources. The association offers water and wastewater treatment plant operator
and water distribution system operator training courses required for the state of Florida's operator
licenses, multiple voluntary certification programs and continuing education programs for license
renewal.
Like other states, Florida is dependent on a network of aging underground pipes. The Florida
Section of the American Society of Civil Engineers' most recent report card graded the state's
Drinking Water Infrastructure a C+ and Wastewater Infrastructure a C. This assessment highlights
the importance of recognizing and supporting Florida's water professionals more than ever; out of
sight need not be out of mind.
FW&PCOA embarked on a program in 2007 to recognize all water industry employees for their
dedication and hard work in providing safe drinking water to Florida's citizens as well as protecting
Florida's environment and natural resources. Part of this program has included proclaiming a week
during the month of April as "Florida Water Professionals Week."
For 2021, FW&PCOA has expanded the celebration to include the entire month of August, renaming
the event, "Florida Water Professionals Month." They have invited the City of Cape Canaveral to join
them in honoring the efforts of water professionals in our community. The attached Proclamation
has been created to recognize this event.
FW&PCOA representatives will be present at this Council Meeting to receive the Proclamation.
Submitting Council Member: Mayor Bob Hoog
Attachment: Proclamation
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/5/21
The City Manager recommends the City Council take the following action:
Present Proclamation to representatives from FW&PCOA.
Approved by City Manager: Todd Morley Date: 8/5/21
Official
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS, the Florida Water & Pollution Control Operators Association
(FW&PCOA), organized in 1941, is a non-profit trade organization that promotes
the sustainability of Florida's water utility industry through workforce development,
to protect the health of Florida's citizens and preserve the State's water resources;
and
WHEREAS, FW&PCOA offers water and wastewater treatment plant
operator and water distribution system operator training courses required for the
State of Florida's operator licenses, multiple voluntary certification programs and
continuing education programs for operator license renewal; and
WHEREAS, FW&PCOA, in recognizing the importance of the Florida Statutes
and Administrative Code that regulate the water industry, acts as liaison between
the Florida Department of Environmental Protection and industry personnel; and
WHEREAS, FW&PCOA recognizes all those who have played a significant
part in operating and maintaining drinking water, wastewater and stormwater
systems in Florida by celebrating Florida Water Professionals Month, which
applauds their constant efforts to protect our health and environment, three
hundred sixty-five days per year, through sunshine or catastrophic storm; and
WHEREAS, water professionals are often emergency responders during
storms and other catastrophic events, working to ensure safe drinking water and
safe disposal of wastewater for our communities.
NOW, THEREFORE, I, Robert E. Hoog, Mayor of the City of Cape Canaveral,
Brevard County, Florida, do hereby designate the month of August 2021 as
FLORIDA WATER PROFESSIONALS MONTH
in the City of Cape Canaveral and extend greetings and best wishes to all observing
this recognition of these professionals.
Signed and Sealed this Day of
Mayor
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Interview Applicant for appointment to the Community Appearance Board. (Angela
Trulock).
Department: Community and Economic Development
Summary: The Community Appearance Board (CAB) is an advisory board to the City Council and
consists of seven members. Currently, there are four vacancies. At the discretion of the Council, the
Board may also include up to two (2) alternate members and an unspecified number of ex-officio
members. There are currently no alternate or ex-officio members.
Ms. Trulock is a resident of Cape Canaveral and meets minimum qualification requirements for CAB
membership. It is proposed that Ms. Trulock be appointed to fill one of the current vacancies.
Should the Council approve her appointment, three vacancies will remain.
Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve
on a board or committee of the City shall complete interviews with the Board or Committee on
which the person is seeking appointment and with the City Council.
Based on the Applicant's interest and positive recommendation from the CAB at its July 21, 2021
meeting (Attachment #2), it is recommended Council interview Ms. Trulock.
Submitting Department Director: David Dickey ► Date: 8/3/21
Attachments:
1 — Board Application — Angela Trulock
2 — CAB Recommendation Letter
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/3/21
The City Manager recommends the City Council take the following action(s):
Interview Applicant.
Approved by City Manager: Todd Morley Date: 8/3/21
City of Cape Canaveral
100 Polk Avenue
Cape Canaveral FL 32920-0326
Phone (321) 868-1220 - Fax (321) 868-1248
Attachment 1
RECEIVED
MAY 10 2021
KS
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:
GENERAL
Applicant Name:
Angela Trulock
Home Address:300 Columbia Dr. #1508, Cape Canaveral, FL 32920
Phone Number. 321-613-3527
Occupation: Retired
Business Phone: N/A
Business Address:
Email: atrulock@cfl.rr.com
ELEGIBILITY
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? X Yes 0 No
2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? X Yes 0 No
3. Are you a Business owner? Yes X-No
a. If yes, please list the name:
4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction?
Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question.
❑ Yes X-No
a. if yes, have your civil rights been restored? 0 Yes ❑ No
5. Do you presently serve on any other City of Cape Canaveral advisory board or committee?
❑ Yes X-No
a. If yes, please list each:
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 sent to having a standard background check performed on you by the City of Cape
Canaveral? X-Yes 0 No
Initials:
7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage?
❑ Yes X-No
a. If yes, please provide name(s) of person(s) and relationship to you:
City of Cape Canaveral Advisory Board Application
Pg. 1
INTEREST/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee: To be an
active participant in the growth and improvements in Cape Canaveral
2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve:
a. 5 Board of Adjustment*
b. 4 Business and Economic Development Board
c. 1 Community Appearance Board
d. 3 Culture and Leisure Services Board
e. 2 Library Board
f. 6 Planning and Zoning Board*
* 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:
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.
no prior experience
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:
Race: 0
African American Gender. ❑ Male X-Female Other
Asian American
❑ Hispanic American
X- Caucasian
❑ Other Disability: 0 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 1S YOUR SOLE OBLIGATION AND DUTY
TO COMPLY WITH SUCH LAWS.
City of Cape Canaveral Advisory Board Application
Pg. 2
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 three years from date of submission.
• If you should have any questions regarding the completion of this application, please contact the City
Clerk's Office at (321) 868-1220 ext. 206 or 207.
Signature: Angela Trulock Date: 05/10/21
Please return to:
City of Cape Canaveral
Office of the City Clerk
P.O. Box 326
Cape Canaveral Florida 32920
OFFICE USE ONLY
RECEIVED
MAY 10 2021
By: CCO DL
Enter Date & Time Received
City of Cape Canaveral Advisory Board Application Pg. 3
Attachment 2
Memo
Community + Economic Development
TO: Cape Canaveral City Council
VIA: David Dickey, Community and Economic Development Director
FROM: Brenda Defoe-Surprenant, Senior Planner
DATE: July 23, 2021
RE: Recommendation to the City Council — Community Appearance Board Applicant
Angela Trulock
At its July 21, 2021 Community Appearance Board Meeting, the Board interviewed Angela
Trulock to fill a vacancy. Based on Ms. Trulock's interview and willingness to be an active
participant in the City of Cape Canaveral, the Board unanimously recommended the vacancy be
filled by Ms. Trulock.
Please let me know if you have any questions. Thank you.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Interview Applicant for appointment to the Planning and Zoning Board. (Eugene Thorpe).
Department: Community and Economic Development
Summary: The Planning and Zoning Board (Board) is an advisory board to the City Council and
consists of seven members. Currently, there is one vacancy.
Mr. Thorpe is a property and business owner in the City (Attachment 1). He and his wife own and
operate a real estate office as well as a counseling service related to home ownership. It is proposed
that Mr. Thorpe be appointed to fill the current vacancy on the Board. Should the Council approve
his appointment, the Board will have no vacancies.
Based on the Applicant's interest and positive recommendation from the Planning and Zoning
Board at its July 28, 2021 meeting (Attachment 2), it is recommended Council interview Mr. Thorpe
for the current vacancy.
Submitting Department Director: David Dickey Date: 8/6/21
Attachments:
1 — Board Application - Eugene Thorpe
2 — Planning and Zoning Board Recommendation Letter
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/6/21
The City Manager recommends the City Council take the following action:
Interview Applicant (Eugene Thorpe).
Approved by City Manager: Todd Morley Date: 8/6/21
Attachment 1
City of Cape Canaveral
100 Polk Avenue
Cape Canaveral FL 32920-0326
Phone (321) 868-1220 — Fax (321) 868-1248
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:
GENERAL
Applicant Name: Eugene Thorpe
Home Address: 8654 Villanova Dr
Phone Number: 412.9801972
Occupation: Realtor/Business Owner
Business Phone: 321.613.2140
Business Address: 8501 Astronaut Blvd, Ste. 3 & 4
Email: themortgageprojectinc@gmail.com
ELEGIBILITY
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? • Yes ❑ No
2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? • Yes 0 No
3. Are you a Business owner? • Yes 0 No
a. If yes, please list the name: The Mortgage Project Inc & The Mortgage Ministree Project Inc
4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction?
Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question.
❑ Yes ■ No
a. If yes, have your civil rights been restored? ❑ Yes ■ No
5. Do you presently serve on any other City of Cape Canaveral advisory board or committee?
Yes X- No
a. If yes, please list each:
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? ■ Yes 0 No
Initials: ET
7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage?
O Yes ■ No
a. If yes, please provide name(s) of person(s) and relationship to you:
City of Cape Canaveral Advisory Board Application Pg. 1
INTEREST/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
I Love our community and want to see it continue to prosper
2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to see:
a. 5 Board of Adjustment*
b. 6 Business and Economic Development Board
c. 2 Community Appearance Board
d. 3 Culture and Leisure Services Board
e. 4 Library Board
f. 1 Planning and Zoning Board*
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: I have
No experience serving on a government Board
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.
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:
Race: X- African American Gender: X- Male
❑ Asian American ❑ Female
❑ Hispanic American 0 Other
❑ Caucasian
❑ Other Disability: 0 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.
City of Cape Canaveral Advisory Board Application Pg. 2
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 three years from date of submission.
• If you should have any questions regarding the completion of this application, please contact the City
Clerk's Office at (321) 868-1220 ext. 206 or 207.
Signature: Eugene Thorpe Date: May 15th 2021
Please return to:
City of Cape Canaveral
Office of the City Clerk
P.O. Box 326
Cape Canaveral Florida 32920
OFFICE USE ONLY
Enter Date & Time Received
City of Cape Canaveral Advisory Board Application Pg. 3
Attachment 2
Memo
Community + Economic Development
TO: Cape Canaveral City Council
VIA: David Dickey, Community and Economic Development Director
FROM: Brenda Defoe-Surprenant, Senior Planner
DATE: July 23, 2021
RE: Recommendation to the City Council — Planning and Zoning Board Applicant
Eugene Thorpe
At the July 28, 2021 Planning and Zoning Board Meeting, the Board interviewed Eugene Thorpe
to fill a current vacancy. Based on the interview and his willingness to be an active participant in
the City of Cape Canaveral, the Board unanimously recommended that Mr. Thorpe be appointed
to fill the vacancy on the Board.
Please let me know if you have any questions. Thank you.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation of the City of Cape Canaveral 2019 Inventory of Government Operational
Greenhouse Gas Emissions.
Department: Community and Economic Development
Summary: In early 2021, the City of Cape Canaveral began the process of developing its first
municipal greenhouse gas emissions inventory in order to create a baseline to measure the success
of sustainability-based projects and better understand the City's impacts on the environment.
Greenhouse gases are an important natural component of the Earth's climate system that influence
planetary temperatures both in the atmosphere and in the oceans. However, various human
activities since the Industrial Revolution have released an excess amount of greenhouse gases,
which are causing an unnatural rise in global temperatures and other climate -related hazards like
increased and unpredictable instances of drought, heavy rainfall and sea level rise.
Called the Audubon Florida + Regional Resilience Collaborative Climate Cohort, this initiative was
developed via Audubon Florida, the East Central Florida Regional Planning Council, and ICLEI —
Local Governments for Sustainability USA. It involved 18 local and county governments, including
Cape Canaveral, from the East Central Florida region. An intern from either the Florida Institute of
Technology, Stetson University or the University of Central Florida was assigned to each
participating government entity via funding provided by Audubon Florida, making this a zero -cost
endeavor for the City.
This internship program ran from February 2021 until July 2021, at which point the City accepted a
comprehensive greenhouse gas emissions report developed by its designated program intern that
focused on the City's energy usage, wastewater logistics, vehicle fleet and solid waste stream. The
2019 calendar year was used as a baseline for measurements, given that it was the last "normal" full
year of operations before the inventory was conducted. Due to the impacts of the COVID-19
pandemic, 2020 was deemed to be an inaccurate reflection of municipal operations because of low
occupancy rates for buildings and facilities, and consistent teleworking protocols.
Findings will also be used to develop a largescale greenhouse gas emissions inventory for the East
Central Florida area.
Submitting Department Director: David Dickey Date: 8/3/21
Attachment:
City of Cape Canaveral 2019 Inventory of Government Operational Greenhouse Gas Emissions
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/3/21
The City Manager recommends the City Council take the following action:
Receive presentation.
Approved by City Manager: Todd Morley Date: 8/3/21
City of Cape Canaveral
2019 Inventory of Government
Operational Greenhouse Gas Emissions
CITY OF
CAPE CANAVERAL
July 2021
Produced by the City of Cape Canaveral Community and Economic Development
Department
With Assistance from ICLEI-Local Governments for Sustainability USA
Currently, there are no federal or state greenhouse gas emissions regulatory requirements that the City of Cape Canaveral must follow.
The City has conducted the following greenhouse gas emissions inventory voluntarily, as it does with other initiatives relating to
sustainability. Therefore, no regulatory requirements are needed upon the publishing of this report. It is encouraged residents follow
the City's lead in regards to undertaking actions that pertain to this report and the reduction of greenhouse gas emissions so as to
reduce overall environmental impacts.
City of Cape Canaveral
2
Credits and Acknowledgements
We extend thanks to the many people who made this Greenhouse Gas Emission Inventory
possible: Zachary Eichholz, Deputy Community and Economic Development Director and
Sustainability Manager, has led this initiative at all stages and been a primary reviewer; Mayor
Robert Hoog and all other Council Members have been highly supportive throughout; various City
of Cape Canaveral departments that have supplied the necessary data; Jesse Carpentier and
Matthew Katz of ICLEI who have been primary reviewers of the inventory at all stages; Tracy Alt,
University of Central Florida student, has organized the data and generated the greenhouse gas
emission index used to supplement this report. Assistance from the following has also been very
valuable: Halle Goldstein, Conservation Organizer at Audubon Florida, and the East Central Florida
Regional Resilience Collaborative.
City of Cape Canaveral
3
Table of Contents
Credits and Acknowledgements 2
Executive Summary 5
Key Findings 7
Climate Change Background 8
ICLEI Climate Mitigation Milestones 11
Inventory Methodology 12
Understanding a Greenhouse Gas Emission Inventory 12
Local Government Operations Protocol 13
Quantifying Greenhouse Gas Emissions 13
Emissions Scopes 13
Base Year 14
Quantification Methods 15
Government Operations Emissions Inventory Results 16
Next Steps 18
Conclusion 20
Appendix: Methodology Details 21
Stationary Energy 21
Transportation 21
Wastewater 22
Inventory Calculations 22
Further Data Collection 22
References 24
City of Cape Canaveral
4
Figures
Figure 1: Ford Focus (Emissions Free Electric Vehicle in City's Fleet) 6
Figure 2: City of Cape Canaveral's Emissions Free Mobile Solar Generator 6
Figure 3: Local Government Operational Emissions by Sector 7
Figure 4: Molecular Diagram of Common Greenhouse Gases 8
Figure 5: Atmospheric Concentration of Greenhouse Gases 9
Tables
Table 1: Global Warming Potential Values 12
Table 2: Activities included in GHG Inventories Organized by Scope 14
Table 3: Local Government Emissions Inventory 16
Table 4: Energy Data Sources 21
Table 5: Emissions Factors for Electricity Consumption 21
Table 6: Transportation Data Sources 21
Table 7: MPG and Emissions Factors by Vehicle Type 21
Table 8: Wastewater Data Sources 22
City of Cape Canaveral
5
Executive Summary
The City of Cape Canaveral recognizes that greenhouse gas (GHG) emissions from human activities
such as the burning of fossil fuels, industrial agricultural processes, and deforestation are
catalyzing profound changes to the Earth's climate, the consequences of which pose substantial
risks to the present and future health, wellbeing, and economic prosperity of our Community.
The City of Cape Canaveral has taken various steps toward becoming a future -ready municipality
that is able to better handle climate -related events and subsequent economic impacts through
the establishment of infrastructure and policies that consider sustainability and resilient design
practices. The City has and continues to implement numerous measures that will allow it to
adaptively manage ecosystem services and its infrastructure for many years to come, including a
comprehensive plan regarding coastal management, enhancing bikeability and walkability
throughout the Community and utilizing renewable energy. Figure 1 is a photo of an electric
vehicle that the City has integrated into its vehicle fleet in order to reduce GHG emissions from
government operations. Figure 2 is a photo of the City's mobile solar generator that can be used
to provide electricity when the power grid is down with zero emissions. Sustainability and
resilience -based initiatives such as these will provide a basis for success of the City's most recent
effort in becoming a future -ready municipality: The 2021 City of Cape Canaveral Resiliency Action
Plan. This Plan outlines a series of Preparedness Targets that the City intends to meet over the next
thirty years. Based on a vulnerability assessment conducted in 2019, the Plan aims to enhance the
safety, readiness, and resilience of existing municipal operations, facilities, and procedures.
This report provides estimates of GHG emissions resulting from the City of Cape Canaveral's
government operations in the 2019 calendar year and is intended to be used as another measure
for which the City can gauge success in lowering its environmental impacts.
City of Cape Canaveral
6
Figure 1: Ford Focus (Emissions Free Electric Vehicle in City's Fleet)
Figure 2: City of Cape Canaveral's Emissions Free Mobile Solar Generator
City of Cape Canaveral
7
Key Findings
Figure 3 shows Local Government Operational Emissions by Sector for the City of Cape Canaveral.
Emissions are reported in metric tons where one metric ton is equal to 2,205 pounds. The Buildings
and Facilities sector accounts for a vast majority, 1,105 metric tons (MT) (83.5%), of these emissions.
The next largest contributor is employee commute, 83 MT (6.3%), followed by streetlights and
traffic signals, 78 MT (6.0%). Actions to reduce emissions from these sectors will be a key part of
any future climate action plan developed by the City of Cape Canaveral. Vehicle Fleet, 32 MT
(2.4%), and Wastewater Treatment Facilities, 26 MT (2.0%), were responsible for the remainder of
local government operations emissions. Total emissions equate to 1,324 metric tons of carbon
dioxide, which is equivalent to 3,327,474 miles driven by an average passenger vehicle or charging
161,054,864 smartphones.
The Inventory Results section of this report provides a detailed profile of emissions sources within
Cape Canaveral; information that is key to guiding local reduction efforts. These data will also
provide a baseline against which the City will be able to compare future performance and
demonstrate progress in reducing emissions.
CO2 Emissions [Metric Tons]
Vehicle Fleet, 32 MT
Streetlights and
Traffic Signals, 78 MT
Employee Commute,
83 MT
Wastewater
Treatment Facility,
26 MT
Buildings and
Facilities, 1,105 MT
Figure 3: Local Government Operational Emissions by Sector
City of Cape Canaveral
8
Climate Change Background
Naturally occurring gases dispersed in the atmosphere determine the Earth's climate by trapping
solar radiation. This phenomenon is known as the greenhouse effect. There are three prevalent
greenhouse gases (GHG's) that are produced by anthropogenic sources: carbon dioxide, nitrous
oxide, and methane, shown in Figure 4. Overwhelming evidence shows that human activities are
increasing the concentration of GHG's and changing the global climate. In 2020, atmospheric
concentrations of GHG's reached levels higher than ever previously recorded, as shown in Figure
5. The most significant contributor to the issue is the burning of fossil fuels for transportation,
electricity generation and other purposes, which introduces large amounts of carbon dioxide and
other GHG's into the atmosphere. Collectively, these gases intensify the natural greenhouse effect,
causing global average surface and lower atmospheric temperatures to rise. Global climate
change influences seasonal patterns and intensifies weather events, threatening the safety, quality
of life, and economic prosperity of communities everywhere'. Many regions are already
experiencing the consequences of global climate change, and the City of Cape Canaveral is no
exception.
Nitrous oxide (N20)
Water vapor (H20)
Methane (CH4)
Carbon
dioxide (CO2)
Figure 4: Molecular Diagram of Common Greenhouse Gases
1 International Panel on Climate Change. 2014. Climate Change 2014: Synthesis Report. Contribution of Working
Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing
Team, R.K. Pachauri and L.A. Meyer (eds.)]. IPCC, Geneva, Switzerland, 151 pp. Retrieved from
https://www.ipcc.ch/report/ar5/syr/
City of Cape Canaveral
9
Parts per million (ppm)
Carbon Dioxide (CO2)
420
410
400
390
380
370
360
350
340
330
1975
1980
1985
1990
1995
2000
2005
2010
2015
2020
Parts per billion (ppb)
1900
1850
1800
1700
1650
1600
1550
Methane (CH4)
1975 1980 1985 1990 1995 2000 2005 2010 2015 2020
Parts per billion (ppb)
335
330
325
320
315
310
305
300
295
Nitrous Oxide (N2O)
1975 1980 1985 1990 1995 2000 2005 2010 2015 2020
Parts per trillion (ppt)
600
500
400
300
200
100
0
CFC -12 CFC-11 HCFC-22 HFC-134a
1975 1980 1985 1990 1995 2000 2005 2010 2015 2020
Figure 5: Atmospheric Concentration of Greenhouse Gases
Cape Canaveral's location on a barrier island makes the City vulnerable to the impacts of sea level
rise, coastal flooding, ocean acidification, increasing frequency of extreme weather events, and
other associated with climate change. Flooding poses a significant threat to the integrity of existing
infrastructure within the City and will cause increasing damage as time passes without proper
planning. The City also faces the threat of a loss in biodiversity within the Indian River Lagoon.
Burning of fossil fuels contributes to a 15% increase in the amount of excess nutrients found within
the lagoon. These excess nutrients often lead to eutrophication, causing a decrease in the amount
of dissolved oxygen found within the water. Ultimately, this leads to algal blooms and mass fish
kills. In order to ensure the safety and wellbeing of current and future residents, and to protect
the ecosystem services provided by the Indian River Lagoon and the Atlantic Ocean, the City of
Cape Canaveral has begun taking steps toward mitigating the impacts that climate change will
have on the Community.
Many communities in the United States have started to take responsibility for addressing climate
change at the local level. Reducing fossil fuel use from government operations can have many
benefits in addition to reducing greenhouse gas emissions, such as saving taxpayer dollars through
energy efficiency improvements and reducing harmful air pollution. Via the ongoing
implementation of sustainability and resilience -based initiatives, the City will not only protect its
critical infrastructure, but also provide crucial services when it comes to confronting the challenges
posed by climate -related hazards. Such initiatives include the Adopt -A -Mangrove program, solar
street lighting, and access to services provided by the City of Cape Canaveral Community Center.
City of Cape Canaveral
10
Such progressive measures will ensure that the City of Cape Canaveral and its residents are
properly prepared for the continued impacts of climate change and allow the City to mitigate its
own contributions.
City of Cape Canaveral
11
ICLEI Climate Mitigation Milestones
In response to challenges posed by climate change, many communities in the United States —
regardless of size and location — are taking preventative mitigation steps to address emissions at
the local level.
ICLEI provides a framework and methodology for local governments to identify and reduce GHG
emissions, organized along five milestones. These five milestones are as follows:
1. Conduct an inventory and forecast of local GHG emissions;
2. Establish a GHG emissions reduction target;
3. Develop a climate action plan for achieving the emissions reduction target;
4. Implement the climate action plan; and,
5. Monitor and report on progress.
This report represents the completion of ICLEI's Climate Mitigation Milestone One for government
operations and provides a foundation for future work to reduce GHG emissions in the City of Cape
Canaveral.
City of Cape Canaveral
12
Inventory Methodology
Understanding a Greenhouse Gas Emission Inventory
The first step toward achieving tangible GHG emission reductions requires identifying baseline
emissions levels and sources and activities generating emissions in the community.
As local governments have continued to join the climate protection movement, the need for a
standardized approach to quantify GHG emissions has proven essential. This inventory uses the
approach and methods provided by the Local Government Operations Protocol for Accounting
and Reporting Greenhouse Gas Emissions (LGO Protocol), described further in the next section.
Three GHG's are included in this inventory: carbon dioxide (CO2), methane (CH4) and nitrous oxide
(N20). Many of the charts in this report represent emissions in "carbon dioxide equivalent" (CO2e)
values, calculated using the Global Warming Potentials (GWP) for methane and nitrous oxide from
the IPCC 5th Assessment Report. Global warming potential values are used to measure the relative
effects that different gases will have on global warming. A value is assigned to the different GHG's
that is relative to the amount of heat that is trapped by the same amount of carbon dioxide. Table
1 shows the potentials for carbon dioxide, methane, and nitrous oxide. For every 1 ton of carbon
dioxide that is emitted over a specified period of time, methane will absorb 28 times the amount
of heat as carbon, and nitrous oxide will absorb 265 times the amount of heat as carbon.
Greenhouse Gas
Global Warming Potential
Carbon Dioxide (CO2)
Methane (CH4)
Nitrous Oxide (N20)
1
28
265
Table 1: Global Warming Potential Values
City of Cape Canaveral
13
The emissions -generating activities represented in this inventory are the following:
• Energy and natural gas consumption from buildings, facilities, streetlights, and traffic
signals
• Wastewater treatment processes in government -owned wastewater treatment plant
• City -owned vehicle fleet
• Employee commute
Local Government Operations Protocol
In 2010, ICLEI, the California Air Resources Board (CARB), and the California Climate Action Registry
(CCAR) released Version 1.1 of the LGO Protocol.2 The LGO Protocol serves as the national
standard for quantifying and reporting GHG emissions from local government operations. The
purpose of the LGO Protocol is to provide the principles, approach, methodology, and procedures
needed to develop a local government operations GHG emissions inventory.
Quantifying Greenhouse Gas Emissions
Emissions Scopes
For the government operations inventory, emissions are categorized by scope. Using the scopes
framework helps prevent double counting. There are three emissions scopes for government
operational emissions:
• Scope 1: All direct emissions from a facility or piece of equipment operated by the
local government. Examples include tailpipe emissions from local government -owned
and operated vehicles, or emissions from a gas stove within a local government
building.
2 ICLEI. 2010. Local Government Operations Protocol for Accounting and Reporting Greenhouse Gas Emissions.
Retrieved from https://icleiusa.org/ghg-protocols/
City of Cape Canaveral
14
• Scope 2: Indirect emissions associated with the consumption of purchased or acquired
electricity, steam, heating, and cooling.
• Scope 3: All other indirect or embodied emissions not covered in Scope 2. Examples
include contracted services, embodied emissions in goods purchased by the local
government, and emissions associated with the disposal of government generated
waste.
Scope 1 and Scope 2 emissions are the most essential components of a government operations
GHG analysis as they are the most easily affected by local policy making. Table 2 shows the
activities included in this municipal inventory and the scopes they fall under.
Scope Activities
1 • Natural gas used in government buildings,
facilities, streetlights, and traffic signals.
• Vehicle fleet travel
• Off -road equipment fuel use
• Wastewater treatment plant processes
2 • Purchased [electricity, steam, heating,
and/or cooling] used in government
buildings, facilities, streetlights, and traffic
signals
3 • Employee commute travel
• Government -generated and exported solid
waste.
• Contracted fleet
• [Other contracted services]
Table 2: Activities Included in GHG Inventories Organized by Scope [Scope 1 was exclusively used]
Base Year
The inventory process requires the selection of a base year with which to compare current
emissions. The City of Cape Canaveral's municipal greenhouse gas emissions inventory utilizes
2019 as its baseline year because it is the most recent year for which necessary data is available
and represents a year of operation under 'normal' circumstances. Data from the 2020 calendar
year would reflect operations that were influenced by the onset of a global pandemic. Employee
commute reduced drastically as government officials and employees were required to work from
home, which subsequently caused a drastic reduction in electricity use within government
City of Cape Canaveral
15
buildings and facilities. This data would not be considered 'normal' and was, therefore, not selected
to conduct this inventory.
Quantification Methods
GHG emissions can be quantified in two ways:
• Measurement -based methodologies refer to the direct measurement of GHG
emissions (from a monitoring system) emitted from a flue of a power plant, wastewater
treatment plant, landfill, or industrial facility.
• Calculation -based methodologies calculate emissions using activity data and emission
factors. To calculate emissions accordingly, the basic equation below is used:
Activity Data x Emission Factor = Emissions
Most emissions sources in this inventory are quantified using calculation -based methodologies.
Activity data refer to the relevant measurement of energy use or other GHG-generating processes
such as fuel consumption by fuel type, metered annual electricity consumption, and annual vehicle
miles traveled. Please see appendices for a detailed listing of the activity data used in composing
this inventory.
Known emission factors are used to convert energy usage or other activity data into associated
quantities of emissions. Emissions factors are usually expressed in terms of emissions per unit of
activity data (e.g. lbs. CO2/kWh of electricity). For this inventory, calculations were made using
ICLEI's ClearPath tool.
City of Cape Canaveral
16
Government Operations Emissions
Inventory Results
Government operational emissions for 2019 are shown in Table 3 and Figure 6. Emissions factors
and their sources can be found on page 21 under "Appendix: Methodology Details."
Sector Source Activity Level Unit Total Emissions
(MTCO2e)
Buildings & Facilities Electricity 2,806,980 kwh 1,100.6
Natural gas 742 Thermos 3.9
Buildings & Facilities total (rounded) 1,105
Streetlights &Traffic Signals Electricity 198,278 kwh 78.0
Streetlights &Traffic Signals total 78
Vehicle Fleet Gasoline(off-road) 166 Gallons 1.5
Gasoline(on-road) 2,869.3 Gallons 25.6
Diesel(on-road) 389.3 Gallons 4.0
Vehicle Fleet total(rounded) 32
Employee Commute Gasoline 172,331 VMT 75.4
Diesel 18,240 VMT 7.6
Employee Commute total 83
Wastewater Process N20 Emissions 10,300 People 23.8
Nitrogen Discharge 1.98 Kg N{day 1.5
Wastewater total (rounded) 26
Total Emissions 1,324
Table 1: Local Government Emissions Inventory
City of Cape Canaveral
17
Figure 3, shown earlier on page 7, shows the distribution of emissions among the four sectors
included in the inventory. Buildings and facilities represent the vast majority of emissions, followed
by streetlights and traffic signals and employee commute. Vehicle fleet and wastewater treatment
facilities account for a very small portion of emissions.
City of Cape Canaveral
18
Next Steps
The local government operational emissions inventory points to a need for continuing support of
the 2021 City of Cape Canaveral Resiliency Action Plan. The City's 2019 Vulnerability Assessment
— conducted in partnership with the East Central Florida Regional Planning Council — details the
widespread impacts that can be expected due to storm surge and shallow coastal flooding
enhanced by sea level rise. Issues associated with sea level rise, flooding, and infrastructure
readiness led to the development of 56 Preparedness Targets across eight Action Categories that
Cape Canaveral can use to become a sustainable, resilient, future -ready City. The eight Action
Categories are as follows;
1. Green and Resilient Economy,
2. Natural Systems,
3. Transportation,
4. Energy,
5. Built Environment,
6. Equity and Quality of Life,
7. Waste and Consumption, and
8. Storm Readiness and Sea Level Rise.
Preparedness Targets are meant to be researched and achieved by 2050 across several
timeframes: current/ongoing, five -years, fifteen -years, and thirty -years.
This inventory will provide useful information in reducing greenhouse gas emissions that can be
applied to preparedness targets within the Natural Systems, Transportation, Energy, and Built
Environment Action Categories. Preparedness Target 10 calls for the City to plant 2,000 additional
new Florida native trees on City properties by 2030. Trees are a cost effective and efficient method
of carbon reduction and storage, and should be appropriately encouraged to be planted across
not only City but also private properties as well via education campaigns and giveaway programs.
Preparedness Target 19 found within the Transportation Action Category suggests the
City of Cape Canaveral
19
implementation of a City vehicle fleet -wide carbon dioxide emissions tracking program. Not only
will this help streamline the process of developing future greenhouse gas emission inventories,
but it will also encourage the City to develop a low -emissions vehicle fleet. Preparedness Target
29 found within the Energy Action Category calls for the City to convert at least 50% of the City's
streetlights to solar power by 2035; while simultaneously working to convert 100% of the
streetlights to solar by 2050. Emissions from streetlights and traffic signals is the third largest
greenhouse gas contributor for the City of Cape Canaveral at 78 metric tons. Due to its position
above vehicle fleet emissions, streetlights and traffic signals is an area of opportunity for the City
to easily reduce its greenhouse gas emissions overall. Preparedness Target 39 found within the
Built Environment action category suggests that within the next thirty years, all City buildings and
facilities be net zero or energy positive upon new construction or redevelopment. As the largest
greenhouse gas contributor, government owned and operated buildings and facilities should be
prioritized in an effort to substantially reduce emissions. At over 1,000 metric tons of emissions,
buildings and facilities can be retrofitted and constructed using LEED building standards and
green development practices that will allow buildings and facilities to either produce the same
amount of energy they consume or to produce more energy than needed.
Adoption of the 2021 Resiliency Action Plan will play a vital role in the City's ability to meet
appropriate Preparedness Targets that can effectively reduce GHG emissions. Continuing
education and involvement of residents and collaboration with partner organizations such as ICLEI
and the East Central Florida Regional Planning Council will also provide appropriate resources for
a broader community -based effort to lower GHG emissions City-wide.
The City should set an internal goal of having zero operational GHG emissions across its energy
and water usage, vehicle fleet, built environment, events, solid waste practices, and wastewater
operations by 2050.
City of Cape Canaveral
20
Conclusion
This inventory marks completion of Milestone One of the five ICLEI Climate Mitigation Milestones.
The next steps are to forecast emissions, set an emissions reduction target, and build upon the
City's existing Resiliency Action Plan with a more robust climate action plan that identifies specific
quantified strategies that can cumulatively meet that target. In addition, the City of Cape Canaveral
should continue to track key energy use and emissions indicators on an on -going basis. ICLEI
recommends updating the inventory at least every five -years to measure the progress of emissions
reductions. Furthermore, ICLEI offers the Contribution Analysis tool, which will allow the City of
Cape Canaveral to determine what influences changes more accurately in emissions over time.
This inventory shows that buildings and facilities, vehicle fleet, employee commute, as well as
communitywide transportation patterns will be particularly important to focus on. Through these
efforts and others, the City of Cape Canaveral can achieve additional environmental, economic,
and social benefits beyond reducing emissions.
It is important to note that this inventory is to be interpreted as a small representation of the
total GHG emissions produced by the City of Cape Canaveral. Further data can be collected for
future inventories that would provide a more accurate representation of the total emissions.
Such data includes Scope 3 emissions from the Brevard County Sheriff's Office and Fire Rescue
Station and emissions from solid waste, as discussed later in the report.
City of Cape Canaveral
21
Appendix: Methodology Details
Stationary Energy
The following table shows each activity related to energy consumption, data source, and notes on
data gaps.
Table 2: Energy Data Sources
Activity Data Source Data Gaps/Assumptions
Electricity consumption FPL
Natural gas consumption FPL
Table 3: Emissions Factors for Electricity Consumption
Year CO2 (Ibs./MWh) CH4 (Ibs./GWh) N20 (Ibs./GWh) Source
2019 861.028 557 7 FRCC eGRID
Transportation
Table 4:Transportation Data Sources
Activity Data Source Data Gaps/Assumptions
Vehicle fleet Odometer readings could have been reported
WEX receipts incorrectly
Off-road equipment WEX receipts
Employee commute Survey conducted via Not all employees completed survey, must
Survey Monkey scale up results to better represent total
emissions generated
For vehicle transportation, it is necessary to apply average miles per gallon and emissions factors
for CH4 and N20 to each vehicle type. The factors used are shown in Table 7.
Table 5: MPG and Emissions Factors by Vehicle Type (2019 National Default Values below)3
Fuel Vehicle type MPG CH4 g/mile N20 g/mile
Gasoline Passenger car/ Motorcycle 24.37713 0.0183 0.0083
Gasoline Light truck 17.86788 0.0193 0.0148
Gasoline Heavy truck 5.371652 0.0785 0.0633
3 ICLEI, 2020. National Default Vehicle Fuel Efficiency& Emissions Factors. Retrieved from
https://docs.google.com/spreadsheets/d/1KXmtHoxl-mPXzOujidtj76woUcK-RN91TM Ry-
gMoUls/edit#gid=266790155
City of Cape Canaveral
22
Diesel Passenger car/ Motorcycle 24.37713 0.0005 0.001
Diesel Light truck 17.86788 0.001 0.0015
Diesel Heavy truck 6.392468 0.0051 0.0048
Wastewater
Table 6:Wastewater Data Sources
Activity Data Source N20 Emission Factors Data Gaps/Assumptions
Nitrification 7 (g/person)
Effluent Discharge Tamara Pino 0.005 (kg N20/kg N in effluent) Potable water is not reported
Inventory Calculations
The 2019 inventory was calculated following the U.S. Community Protocol and ICLEI's ClearPath
software. As discussed in Inventory Methodology, the IPCC 5th Assessment Report was used for
global warming potential (GWP) values to convert methane and nitrous oxide to CO2 equivalent
units. ClearPath's inventory calculators allow for input of the sector activity (i.e. kWh or VMT) and
emission factor to calculate the final CO2e emissions.
Further Data Collection
Solid Waste was not reported in this inventory due to appropriate calculators being unavailable in
ClearPath. Such calculators would also generate an output from collection of sludge from the City's
wastewater treatment facility. ICLEI has taken this as an opportunity to create a new calculator in
ClearPath for solid waste that can specifically determine emissions from sludge collection.
Ideally, the City of Cape Canaveral would be able to provide totals for sludge collected from the
wastewater treatment facility and totals for mixed solid waste that is collected from government-
owned and operated facilities and buildings. Mixed solid waste can be inputted into the waste
generation calculator within ClearPath to determine emissions that are generated from waste that
City of Cape Canaveral
23
is exported to a landfill. However, this information was not included in the inventory due to the
fact that waste collection data could not be separated and categorized based on the pickup
location within the City's overall total collected waste.
In the future, the City of Cape Canaveral can work with its contracted waste removal company to
ensure that both forms of data are collected and organized in a manner that would allow for their
inclusion in a greenhouse gas emission inventory.
This inventory also lacks Scope 3 fleet emission records from the Brevard County Sheriff's Office
and Brevard County Fire Rescue Station. Data regarding fuel type, vehicle type, annual fuel use,
and annual vehicle miles traveled can be collected to determine the impact both fleets have on
the City's overall emissions. Similar to the data collected for vehicle fleet emissions from
government owned and operated vehicles, this data would provide a better understanding of the
City's total emissions, and therefore, would provide a more accurate inventory for the City of Cape
Canaveral.
City of Cape Canaveral
24
References
This report was conducted with the assistance of the following resources and organizations;
1. The International Panel on Climate Change (IPCC);
2. ICLEI-Local Governments for Sustainability USA;
3. National Oceanic and Atmospheric Administration (NOAA).
The IPCC is an intergovernmental body of the United Nations, founded with the purpose of
allowing policymakers to have access to pertinent information on climate -related changes. This
information, including implications and potential risks to infrastructure and human wellbeing, is
assessed annually in order to provide objective, relevant information on climate -related changes.
This report relied on global warming potential values as supplementary material and the 5th
Assessment Report conducted by the IPCC in 2014 to determine emissions factors used in the
ClearPath software.
ICLEI-Local Governments for Sustainability USA is an independent non-profit organization that
helps governments achieve self -defined sustainability, energy, and climate goals. Local
governments are provided with software tools, trainings, and technical assistance in order to
conduct GHG emission inventories via ICLEI's services. This inventory was conducted on behalf of
ICLEI and the East Central Florida Regional Resilience Collaborative. ICLEI provided the City of
Cape Canaveral with access to weekly trainings, the ClearPath software, and the templates needed
to carry out the inventory and generate a report.
NOAA is a government regulatory agency within the U.S. Department of Commerce that monitors
oceanic and atmospheric conditions and creates comprehensive charts and materials that can be
used to track changes in these conditions over extended periods of time. The agency is also
responsible for the annual forecasting and monitoring of severe weather and tropical cyclone
activity. This report relied specifically on NOAA's report that tracked the atmospheric
concentrations of GHG's over a forty -five-year period.
City of Cape Canaveral
ITEM # 1 DRAFT
CAPE CANAVERAL CITY COUNCIL BUDGET WORKSHOP MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday
July 20, 2021
5:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:00 P.M. Council Member Brown led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Council Member Mickie Kellum
Council Member Wes Morrison
Mayor Pro Tem Angela Raymond
Others Present:
City Manager Todd Morley
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Community & Economic Development Director David Dickey
Cultural + Community Affairs Director Molly Thomas
Leisure Services Director Gustavo Vergara
Public Works Services Director James Moore
Deputy City Clerk Daniel LeFever
Deputy Finance Director Candice Blake
Accountant Jenny Coldiron
Dep. Community & Economic Dev. Dir./Sustain. Mgr. Zachary Eichholz
Brevard County Sheriff's Office Commander Andrew Walters
Brevard County Sheriff's Office Lieutenant Brett Lockhart
PUBLIC PARTICIPATION: Chris Cerveny, Oak Lane resident, discussed concerns regarding
potential sidewalk construction on Oak Lane, expressed support for road improvements but not
paying for it. City Manager Morley indicated public meetings will take place if and when the City
Council decides to move forward with the project. Michelle Sales, Oak Lane resident, discussed a
preference for no sidewalk on Oak Lane, needed repairs and paving at the East end of Oak Lane.
Joyce Downing, 301 Fillmore Avenue, discussed concerns regarding ongoing and worsening
flooding on the road and into homes. Mayor Hoog thanked the speakers.
AGENDA ITEMS:
1. Proposed Fiscal Year 2021/2022 Budget and Five (5) Year Capital Improvement Plan: City
Manager Morley discussed the $33,902,326 proposed and balanced Budget, the proposed
City of Cape Canaveral, Florida DRAFT
City Council Budget Workshop Meeting •July 20, 2021
Minutes • Page 2 of 2
roll-back millage rate of 3.5755 keeping the City at the fourth lowest tax rate in the County,
American Rescue Plan Act funds to the City will be $4.2 million which cannot be spent to reduce
debt or used to justify a reduction in taxes, current debt for the construction of the City Hall and
Fire Station projects will be paid-off within four years, the short-term debt for the City of Cape
Canaveral Community Center is ten years and the presence of Financial Services Staff to address
questions related to the proposed Budget. Discussion ensued and included prioritizing Oak Lane
improvements, history of the road and Council Member Kellum's meeting with residents and
business owner located there, reason for changing from Projected to Amended in the proposed
Budget related to the City's new financial software program, estimating what the operating and
maintenance expenses for the CAPE Center will be, high priority of State Road A1A, roads,
sidewalks, streetlights, flooding in the City, the Central Ditch, use of American Rescue Plan Act
funds for the Stormwater issues would need to meet justification requirements and uncertainty as
to when the City will receive the Federal funds. City Manager Morley indicated Staff is gathering
data and creating a plan for costs and use of the Federal funds. Discussion continued and included
Oak Lane residents are largely in favor of the improvement project, project costs and stormwater
runoff issues on Oak Lane. City Manager Morley discussed Oak Lane could become a priority over
other Strategic Planning projects, however, Council direction is required either way. Discussion
continued and included Long Point Road Estuary Park Program and the need to be careful with
grant related projects, stormwater problems throughout the City, Stormwater Fund, Federal Funds
cannot be used for ongoing projects, the Promenade Project and safety and security of residents
being highest priority. Mayor Pro Tem Raymond stated that she attended the Florida League of
Cities Transportation Policy and Government Affairs Committee Meeting where it was confirmed
the State Road A1A Project is on the schedule for 2021/2022 in the City. A motion was made by
Council Member Morrison, seconded by Council Member Kellum, to confirm the City
Council Budget Workshop Meeting on Tuesday, August 17, 2021, starting at 5:00 P.M. The
Motion carried 5-0.
ADJOURNMENT: There being no further business, the Meeting adjourned at 6:00 P.M.
Bob Hoog, Mayor
Mia Goforth, City Clerk
DRAFT
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday
July 20, 2021
6:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:10 P.M. Council Member Kellum led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Council Member Mickie Kellum
Council Member Wes Morrison
Mayor Pro Tem Angela Raymond
Others Present:
City Manager Todd Morley
Assistant City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Community and Economic Development Director David Dickey
Cultural and Community Affairs Director Molly Thomas
Leisure Services Director Gustavo Vergara
Public Works Services Director James Moore
Capital Projects Deputy Director Tim Carlisle
Deputy City Clerk Daniel LeFever
Executive Assistant to City Manager/Office Manager Lisa Day
Dep. Community & Economic Dev. Dir./Sustain. Mgr. Zachary Eichholz
Brevard County Sheriff's Office Commander Andrew Walters
Brevard County Sheriff's Office Lieutenant Brett Lockhart
Canaveral Fire Rescue Chief Dave Sargeant
Canaveral Fire Rescue Deputy Chief Christopher Quinn
PRESENTATIONS/INTERVIEWS:
City of Cape Canaveral Certificate of Appreciation to Eagle Scout Darian Bramblett for
completion of a dune planting project: Mayor Hoog presented the Certificate to Mr. Bramblett.
Mr. Bramblett thanked Council, discussed planting sea elders and donating excess funds to the
City for future projects.
Presentation of Proclamation, honoring the Cape Canaveral Volunteer Fire Department a/k/a
Canaveral Fire Rescue (CFR), for services provided during the 2021 COVID-19 Pandemic
Vaccination Distribution to the Community: Mayor Hoog presented the proclamation to Chief
Sargeant and Deputy Chief Quinn. Deputy Chief Quinn thanked City Council, City Manager Morley
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting •July 20, 2021
Minutes • Page 2 of 5
and Staff. Chief Sargeant discussed the tremendous work and group efforts between Canaveral
Fire Rescue and City Staff for a successful outcome.
PUBLIC PARTICIPATION: David Mulberry, Property Registration Champions, LLC, stated he
would answer questions related to Agenda Item 3.
CONSENT AGENDA: Mayor Hoog asked if any Items needed to be removed for discussion.
Council Member Morrison removed Items 2, 3 and 4.
1. Approve Minutes for June 15, 2021 Regular City Council Meeting.
2. Resolution No. 2021-08; adopting a Tentative Proposed Millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2021/2022 on all taxable property located within the City of
Cape Canaveral, Brevard County, Florida; providing for an effective date.
3. Review and approve Agreement between the City of Cape Canaveral and Property
Registration Champions, LLC for the provision of Vacation Rental Program services and
authorize the City Manager to execute same.
4. Resolution No. 2021-09; amending Appendix B, Schedule of Fees, of the City Code to
include Registration and Inspection Fees related to Vacation Rentals under Section
110-486 of the City Code; providing for the repeal of prior inconsistent resolutions,
incorporation into the Code, severability and an effective date.
5. Approve Proposal from Tetra Tech in the amount of $57,500 to complete a Deep Injection
Well Conceptual Study.
6. Award Bid for rehabilitation of Lift Station No. 8 to L7 Construction, Inc., in the amount of
$286,170 and authorize City Manager to execute Construction Agreement for same.
7. Join the Florida Race to Zero Initiative to better promote the City of Cape Canaveral's
Sustainability and Resilience Efforts.
A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond,
to approve Consent Agenda Item Nos. 1, 5, 6 and 7. The motion carried 5-0.
2. Discussion ensued and included a request for Council to consider decreasing the Tentative
Proposed Millage rate to 3.25, increase in property values, revenue concerns related to the
Pandemic, keeping the rate at 3.5755 mills, consequences of a millage rate decrease, small
business concerns, Cherie Down Park and stormwater projects, cutting costs in the Proposed
Budget, Promenade Project estimated loan cost versus unknown cost of the property reflected in
the Proposed Budget, flooding issues in the City and Oak Lane not discussed as priorities at
Strategic Planning Retreat and the City's historical trend of going below rollback. City Manager
Morley pointed to the potentially unknown significant expenses, related to Center Street Basin
Stormwater and Oak Lane, are not found in the current Proposed Budget but are now being
discussed; that lowering the millage would be counterintuitive to those initiatives which, should
Council decide to reduce taxes and the City receives American Rescue Act funding, this would
open the City to potential scrutiny of a violation related to the American Rescue Act funding
restrictions. City Manager Morley stated Council will be setting a Tentative Proposed Millage Rate
that can go down from here at future meetings. A motion was made by Mayor Pro Tem
Raymond, seconded by Council Member Brown, to adopt Resolution No. 2021-08. The
motion carried 4-1, with Council Member Morrison voting against.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting •July 20, 2021
Minutes • Page 3 of 5
3. Discussion ensued and included the intent of the Agreement, the minimum seven (7)
consecutive day minimum restriction and enforcement challenges.City Manager Morley explained
the company will enforce the terms Council decides to include in the Agreement which may be
amended, if needed. Discussion continued regarding the Agreement Scope of Services, the
measure assists Staff, the ability for residents to report violations via hotline, the effects of short-
term rentals on affordable and low-income housing, homeownership is an American dream,
property owner and residents rights, the number of owner-occupied, homesteaded taxable
properties in the City and State preemptions. David Mulberry, President/CIO, Property
Registration Champions, LLC (PRC) dba ProChamps, discussed how the company monitors short-
term rental sites on a regular basis, at random times, provides screen shots, most sites show stays
being offered less than seven days in the City, booking data and pulling calendar data in
advertisements. City Attorney Garganese explained PRC will assist the City in capturing automated
data it does not have today, providing much more information than Staff would be able to gather
alone and, if necessary, Council can reconsider if the service does not work. Rhonda Breininger,
business owner, expressed concerns over monitoring and whether such measures are needed for
Cape Canaveral's size. A motion was made by Council Member Morrison, seconded by
Council Member Brown, to approve Consent Agenda Item 3. The motion carried 5-0.
4. Discussion ensued and included a proposal to reduce fees by fifty percent, charging the
same for homesteaded and non-homesteaded properties, ProChamps' $100 flat fee, proposed
fees cover legal costs, Code Enforcement Staff time to synthesize collected data and places costs
on the users, lowering taxes, proposed fees not excessive compared to per night stays and fee
rates compared to other cities and counties. A motion was made by Council Member Morrison to
reduce the fees by fifty percent across the board and change the non-Homesteaded and
Homesteaded to one fee. The motion died for lack of a second. A motion was made by Mayor
Pro Tem Raymond, seconded by Council Member Brown, to adopt Resolution No. 2021-09,
as written. The motion carried 4-1, with Council Member Morrison voting against.
PUBLIC HEARINGS:
8. Ordinance No. 29-2021; amending section 46-26 of the City Code, transferring the
duties of the City of Cape Canaveral Library Board to City Council of the City of Cape Canaveral;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into
the Code, severability and an effective date, first reading: City Attorney Garganese read the title
into the record and explained the Item. Discussion ensued and included the history of the Cape
Canaveral Library, City Library Board, Friends of the Library non-profit organization, the
Agreement between the City and the Brevard County Library System, the last Library Board
Meeting in 2020, reasons for the measure, Council Member recommendation to refrain from
Friends of the Library membership, conflicts of interest,the Sunshine Law, low Board Membership,
repealed statutory requirement for a local Library Board, support from both Library Director Lisa
Olzewski and Friends of the Library President Evelin Reid. The Public Hearing was opened. There
being no comment, the Public Hearing was closed. A motion was made by Council Member
Morrison, seconded by Mayor Pro Tem Raymond, to approve Ordinance No. 29-2021, at
first reading. The motion carried 5-0.
9. Ordinance No. 32-2021; amending Sections 2-260 and 2-262 of the City Code related to
the application procedure for code enforcement lien satisfactions and releases including
authorizing the Special Magistrate to make recommendations to the City Council regarding
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting •July 20, 2021
Minutes • Page 4 of 5
such applications and providing the City Manager the authority to grant de minimus reductions
for certain small liens; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the code, severability and an effective date, first reading: City Attorney
Garganese read the title into the record and explained the Item. Discussion ensued and included
the application procedure, reason for the measure, granting de-minimus reductions, rarity of small
lien reduction requests, adoption of amnesty provisions and encumbrance of properties, the
action does not allow the City Manager to waive liens, pros and cons of the measure. City Attorney
Garganese advised Council could take out the City Manager authority to grant de minimus
reductions, allowing the Special Magistrate to make recommendations. The Public Hearing was
opened. There being no comment, the Public Hearing was closed. A motion was made by
Council Member Morrison, seconded by Council Member Kellum to approve Ordinance No.
32-2021, as written, striking the de minimus provision referenced. The motion carried 5-0.
Mayor Hoog recessed the meeting at 8:11 p.m. The meeting was reconvened at 8:21 p.m.
ITEMS FOR ACTION:
10. Consider Application for Reduction of a $26,883.00 Code Enforcement Lien, Case No.
16-101. Homedingo, LLC — Applicant (116/118 Tyler Avenue): Community and Economic
Development Director Dickey discussed the Item Summary timeline and application of criteria
including history of the property's ownership, condition, Code violations, compliance and
improvement requirements for lien reduction requests. Michael E. Mummert,Applicant and owner
Homedingo, LLC, stated he placed the property in a land trust holding of Homedingo, LLC.
Discussion ensued and included dealing with squatters which included calls to law enforcement,
challenges due to the Pandemic, property improvements, Mr. Mummert's undisclosed recent sale
of both units in the amount of $450,000, law enforcement costs and the process by which the
property was sold twice without Satisfaction of Lien. City Manager Morley stated the Council is
not hearing evidence or testimony from the new Owner. City Attorney Garganese advised the
escrow funds are held by the Title Company. Discussion continued regarding the decision before
Council and what amount to grant if any. A motion was made by Mayor Pro Tem Raymond,
seconded by Council Member Morrison, to reduce the Lien of $26,883 by $7500, requiring
Homedingo, LLC to pay $19,383. The motion carried 5-0. City Attorney Garganese advised
the City Code requires payment be made within 30 days or the Lien becomes reinstated. Mr.
Mummert agreed to provide Staff with the contact information for the Title Company to transmit
an estoppel letter for payment.
11. Rescind Council direction to Staff to draft an ordinance changing alcohol sales hours
in the City, as discussed at the June 15, 2021 Regular City Council Meeting. (Submitted by
Council Member Kellum): Council Member Kellum lead discussion of the Item. A motion was
made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, rescinding
Council direction for Staff to draft an ordinance changing alcohol sale hours in the City,
discussed at the June 15, 2021, Regular City Council Meeting. Discussion ensued and included
pros and cons related to extending alcohol sales hours, research and data requested from Staff.
Commander Walters discussed an increase in DUls April 1 to June 21 with concerns that trend will
continue. Discussion ensued regarding a desire to see the data on DUIs, desire for law
enforcement officers to speak at a City Council meeting and a request for Staff to provide research
and data gathered so far. Peter Comelchook, business owner, discussed concerns related to
declining business sales, Sheriff Ivey's support for and Brevard County Commissioners decision to
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting •July 20, 2021
Minutes • Page 5 of 5
allow 24-hour alcohol sales within the unincorporated, County jurisdiction. Discussion ensued and
included compromising with extended hours on the weekends only. Rocky Randels, Mayor
Emeritus, commended Council Member Kellum and discussed support for rescinding Council's
previous direction. Elise Comelchook, business owner, discussed support of extending alcohol
sales on the weekends only. City Attorney Garganese advised Council how to proceed with the
motion on the floor. The motion carried 4-1, with Council Member Morrison voting against.
ITEM FOR DISCUSSION:
12. Discuss and provide Staff direction on the use of feather flags and snipe signs: City
Manager Morley explained the Item. Discussion ensued and included removing prohibitions,
accounting for the number of flags per business and multiple signs at properties with more than
one business, flags and signs must be removed at night or be fined and enforcement of the Code
prior to the extension.City Attorney Garganese explained, under City Code, feather flags and snipe
signs are currently prohibited. However, during the COVID-19 pandemic, Council approved
businesses to temporarily install feather flags and snipe signs, for which the 30-day grace period
is now expired. Discussion continued regarding whether to leave the Code as is or provide some
other direction to amend the Code, the amount of time to prepare a new ordinance, extending
the grace-period for another ninety days or more, setting policy around the type, material, setback
and requirement for Planning and Zoning Board review. City Manager Morley suggested each
Council Member consider the community aesthetic and find out what the citizens desire within
standards. Discussion continued regarding support and opposition to the matter, Staff
confirmation to ensure businesses abide the rules, proposal to bring a draft ordinance back to the
February 2022 City Council Meeting, limiting the number of flags and Staff time to enforce rules.
City Attorney Garganese recommended authorizing a resolution temporarily suspending the City
Code prohibition of feather flags, subject to the same conditions in the prior emergency
Resolution adopted by Council, directing the Planning and Zoning Board to consider whether to
change the Code to permanently allow feather flags, providing a recommendation to the City
Council within 120 days and allowing the 30-day grace period for snipe signs to expire. City
Attorney Garganese explained the measure provides a structure and standard for Code
Enforcement. City Manager Morley clarified snipe signs would be prohibited starting the next day.
A motion was made by Council Member Morrison, seconded by Council Member Brown,
authorizing a resolution to temporarily suspend prohibiting feather flags, subject to the
regulations adopted in Resolution No. 2021-07 and related to Emergency Orders, directing
the Planning and Zoning Board to consider authorizing feather flags, providing a
recommendation to the City Council within 120 days, with no allowance for snipe signs.The
motion carried 5-0.
REPORTS: None.
ADJOURNMENT: The Meeting was adjourned at 9:59 P.M.
Bob Hoog, Mayor
Mia Goforth, City Clerk
DRAFT
CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday
July 27, 2021
1:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 1:00 P.M. and 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
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
HR/Risk Management Director Melinda Huser
Cultural + Community Affairs Director Molly Thomas
Leisure Services Director Gustavo Vergara
Public Works Services Director James Moore
Deputy City Clerk Daniel LeFever
Dep. Community & Economic Dev. Dir./Sustain. Mgr. Zachary Eichholz
Senior Planner Brenda Surprenant
Brevard County Sheriffs Office Commander Andrew Walters
Brevard County Sheriffs Office Lieutenant Brett Lockhart
PUBLIC PARTICIPATION: None.
AGENDA ITEMS:
1. Discussion and any action deemed necessary related to the 2021 Municipal Election and
the Method of filling two City Council vacancies, which will occur on November 16, 2021, as a
result of Council Members Brown's and Morrison's decision to resign to run: City Attorney
Garganese explained the Item, the current situation prompted by two Council Members' decision
to submit letters of resignation to City Clerk Goforth and expeditious action needed if Council
decides to give voters the right to choose who will serve the unexpired terms of Council Member
Brown and Council Member Morrison come November 16, 2021. Discussion ensued and included
similar actions taken in 2015 related to that race for Mayor, Council will need to make temporary
appointments until the next General Election in 2022 for one or both vacancies if no action is
City of Cape Canaveral, Florida DRAFT
City Council Special Meeting • July 27, 2021
Minutes • Page 2 of 2
taken, an emergency ordinance to declare a special election is required in order for both elections
to occur at the same time and support for an emergency ordinance to declare a special election.
City Attorney Garganese advised that due to there being no scheduled election for the City
Council seats, the ground rules under which and for the election to occur require immediate action
by the Council; this is because the City's election Qualifying Period begins at noon, Monday,
August 2, 2021 and the Brevard County Supervisor of Elections Office advised the ballot language
deadline is Monday, August 16, 2021. Discussion ensued and included the immediate effective
date of Ordinance No. 34-2021, there being no statutory limit and various typographical errors to
be corrected prior to execution of the draft, emergency Ordinance. The Public Hearing was
opened. John Bond, resident and former Council Member, inquired how the vacancies would be
filled on the ballot. City Attorney Garganese advised the ballots are structured separately, the
person with the most votes wins the two-year, unexpired Council term and second highest vote-
getter wins the one-year, unexpired Council term. The Public Hearing was closed. Discussion
ensued on the possibility of a tie, drawing lots, amending the Code prior to the next Mayor's race
and Council action requires a two-thirds vote in order to pass. Mayor Hoog called for Council
Members to read in silence, all related emails (attached herewith) submitted to the Council prior
to the Meeting. A motion was made by Mayor Pro Tem Raymond, seconded by Council
Member Kellum, to adopt emergency Ordinance No. 34-2021. The Motion carried 5-0.
ADJOURNMENT: There being no further business, the Meeting adjourned at 6:00 P.M.
Bob Hoog, Mayor
Mia Goforth, City Clerk
7/27/2021 Mail-Daniel LeFever-Outlook
Fwd: Emergency meeting
Wes Morrison <W.Morrison@cityofcapecanaveral.org>
Tue 7/27/2021 11:23 AM
To: Mia Goforth <M.Goforth@cityofcapecanaveral.org>; Daniel LeFever<D.LeFever@cityofcapecanaveral.org>
This was sent to the entire Council but want to make sure you received it.
Wes Morrison
City Council Member
City Hall Office
100 Polk Avenue
Cape Canaveral, FL 32920
www.CityOfCapeCanaveral.org
Begin forwarded message:
From: Gary Rickle <sailtime@hotmail.com>
Date:July 27, 2021 at 9:45:40 AM EDT
To: CouncilMembers <CouncilMembers@cityofcapecanaveral.org>
Subject: Emergency meeting
Reply-To: sailtime@hotmail.com
Warning-This email oriainated outside the City of Cape Canaveral mail system. Please review the
sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not
possible forward the suspicious mail to phishalertacitvofcapecanaveral.orq
Please approve the emergency ordinance 31-2021.
Thanks,
Gary
Virus-free.www.avg.com
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.
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.
https://outlook.office365.com/mail/inbox/id/AAQkAGRhMTdlYzVILTIjYzAtNDk2MC1 hNDFiLTgxZWExZjdiNDA2YQAQAPALx94EbzFOkwQuvNQAum4...
1/1
Mia Goforth
From: Mia Goforth
Sent: Tuesday,July 27, 2021 11:22 AM
To: CouncilMembers
Cc: Daniel LeFever;Todd Morley;Anthony Garganese; Lisa Day
Subject: FW: Linda Zaitz - Public Comment email - DO NOT REPLY ALL
Importance: High
DO NOT REPLY ALL
Good morning Mayor and Council,
Please see the email below forwarded to the City Clerk's Office.
Should the Chair request it to be read aloud, Daniel will have it ready for viewing on screen.
Thanks!
Mia
Mia Goforth, CMC
City Clerk + Records Custodian + ADA Coordinator
City of Cape Canaveral
(321) 868-1220 x207
100 Polk Avenue— P.O. Box 326
Cape Canaveral, Florida 32920
From: linda zaitz <lzaitzacfl.rr.com>
Date: July 27, 2021 at 10:58:33 AM EDT
To: Wes Morrison <W.Morrison@cityofcapecanaveral.org>
Subject: Today's meeting
Warning-This email originated outside the City of Cape Canaveral mail system. Please review
the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that
is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org
Good morning, please make note, as a citizen of Cape Canaveral, I am opposed to the proposed
change to the way we will vote for the Mayor and the council. I prefer each position be voted
on. The ballot should contain a vote for Mayor of Cape Canaveral and a vote for City council.
Thank you
Linda Zaitz
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
1
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.
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.
2
7/27/2021 Mail-Daniel LeFever-Outlook
Fwd: Emergency Council Meeting TODAY
Wes Morrison <W.Morrison@cityofcapecanaveral.org>
Tue 7/27/2021 12:08 PM
To: Mia Goforth <M.Goforth@cityofcapecanaveral.org>; Daniel LeFever<D.LeFever@cityofcapecanaveral.org>
Begin forwarded message:
From: Michele Trapasso <mtraps@hotmail.com>
Subject: Emergency Council Meeting TODAY
Date:July 27, 2021 at 11:55:39 AM EDT
To: "councilmembers@tcityofcapecanaveral.org" <councilmembers@cityofcapecanaveral.org>
Warning-This email originated outside the City of Cape Canaveral mail system. Please review the
sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not
possible forward the suspicious mail to phishalertBcitvofcapecanaveral.orq
Please approve the proposed emergency ordinanace 34-2021 which we assume will allow the
registered voters of Cape Canaveral to vote and elect the mayor separately from the 2-council
seats on 11/2/2021. I want the same opportunity the voters were given in 2015 and DO NOT
SUPPORT ANY DECISION THAT ALLOWS THE COUNCIL TO APPOINT OUR LOCAL
REPRESENTATIVES!
Michele Trapasso
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.
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.
https://outlook.office365.com/mail/inbox/id/AAQkAGRhMTdlYzVILTIjYzAtN Dk2MC1 hNDFiLTgxZWExZjdiNDA2YQAQAEG6HB%2FhZ3xNj4kpJQ%2Bil...
1/1
Mia Goforth
From: Pat Campbell <patrickcampbell@cfl.rr.com>
Sent: Tuesday,July 27, 2021 12:19 PM
To: Bob Hoog; Wes Morrison; Angela Raymond; Mickie Kellum; Mike Brown; Todd Morley;
Mia Goforth
Subject: "Special Meeting" Public comments
Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's
address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the
suspicious mail to phishalert@cityofcapecanaveral.org
Having a meeting on a critical subject like council replacements in the middle of workday with only minimal notice is
nothing more than a covert mechanism to restrict public participation. I would like council to ensure that replacements
are selected by a vote in the November 2 election with candidates listed and voted for by position.
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.
1
Mia Goforth
From: Pat Campbell <patrickcampbell@cfl.rr.com>
Sent: Tuesday, July 27, 2021 12:29 PM
To: Bob Hoog; Mike Brown; Mickie Kellum; Wes Morrison; Angela Raymond; Mia Goforth
Subject: Special Meeting Public Comment
Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's
address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the
suspicious mail to phishalert@cityofcapecanaveral.org
Council, please vote in support the 34-2021 ordinance.
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 • AUGUST 17, 2021
AGENDA ITEM SUMMARY • ITEM # 2
Subject: Resolution No. 2021-11; appointing a Member to the Community Appearance Board of
the City of Cape Canaveral and appointing and reappointing Members to the Planning and Zoning
Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Angela Trulock, Eugene Thorpe, Nancy Gentilquore and Steven
Stroud)
Department: City Clerk's Office
Summary: At its July 21, 2021 Meeting, the Community Appearance Board (CAB) interviewed
Angela Trulock to fill a vacancy and voted to recommend her for appointment. Ms. Trulock would
be filling the remainder of an existing, unexpired term that will end May 1, 2023. Following the
completion of this term, Ms. Trulock may be eligible for reappointment to the CAB, consistent with
the limitations set forth in Section 2-171(f), City Code.
The Planning and Zoning (P&Z) Board, at its July 28, 2021 Meeting, interviewed Eugene Thorpe to
fill a vacancy and voted to recommend him for appointment. Mr. Thorpe would be filling the
remainder of an existing, unexpired term that will end September 15, 2023. Should Mr. Thorpe be
appointed to the P&Z Board, said Board will have a full complement of seven voting members.
Following the completion of this term, Mr. Thorpe may be eligible for reappointment to the P&Z
Board, consistent with the limitations set forth in Section 2-171(f), City Code.
Reappointments: The terms for P&Z Board Members Nancy Gentilquore and Steven Stroud will
expire September 15, 2021. Both Members were originally appointed, Ms. Gentilquore in February
2020 and Mr. Stroud in July 2020, to fill vacant, unexpired terms on the Board. As neither has served
a full three-year Board term up to this date, both are eligible for reappointment. Ms. Gentilquore
and Mr. Stroud have each expressed desire to continue serving for an additional three-year term.
Following the completion of these terms, Ms. Gentilquore and Mr. Stroud may be eligible for
reappointment, consistent with the limitations set forth in Section 2-171(f), City Code.
It is now incumbent upon Council to appoint and reappoint members to the CAB and P&Z Board.
Submitting Department Director: Mia Goforth Date:: 8/6/21
Attachment: Resolution No. 2021-11
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo ,\ Date: 8/6/21
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2021-11.
Approved by City Manager: Todd Morley Date: 8/6/21
RESOLUTION NO. 2021-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA; APPOINTING A MEMBER TO THE COMMUNITY APPEARANCE
BOARD OF THE CITY OF CAPE CANAVERAL AND APPOINTING AND
REAPPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD OF
THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §22-36
established a Board known as the Community Appearance Board; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §58-56
established a Board known as the Planning and Zoning Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a member to the Community Appearance Board and appoint and reappoint members to
the Planning and Zoning Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment of Members to City Advisory Boards. Pursuant to City Code §2-
171(e), the City Council of the City of Cape Canaveral hereby appoints the following individuals to
the following City Advisory Boards:
Angela Trulock shall be appointed to an existing, unexpired term on the Community
Appearance Board, to serve until May 1, 2023.
Eugene Thorpe shall be appointed to an existing, unexpired term on the Planning
and Zoning Board, to serve until September 15, 2023.
Following completion of these terms, these appointees may be eligible for reappointment for an
additional three-year term, consistent with the limitations set forth in section 2-171(f), City Code.
Section 3. Reappointment of Members to a City Advisory Board. Pursuant to City Code
§2-171(f), the City Council of the City of Cape Canaveral hereby reappoints the following
individuals to the following City Advisory Board:
Nancy Gentilquore and Steven Stroud shall be reappointed to the Planning and
Zoning Board, to serve until September 15, 2024.
Following completion of these terms, these appointees 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.
City of Cape Canaveral
Resolution No. 2021-11
Page 1 of 2
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective upon adoption by the City
Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 17th Day of August, 2021.
ATTEST:
Mia Goforth, CMC,
City Clerk
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2021-11
Page 2 of 2
Memo
City Manager's Office
TO: Cape Canaveral Mayor and Council
VIA: Todd Morley, City Manager
FROM: Mia Goforth, City Clerk
DATE: August 17, 2021
RE: Recommendation to the City Council — Revised Draft Resolution No. 2021-11
The Community and Economic Development Department has been informed that Ms. Angela
Trulock will not be present to be interviewed for appointment to the Community Appearance
Board at this Meeting.
For this reason, the City Clerk's Office prepared the attached, revised Draft Resolution No.
2021-11, which omits any reference to the Community Appearance Board and the appointment
of Ms. Trulock, while retaining all references to the Planning and Zoning Board, the appointment
of Mr. Eugene Thorpe and the reappointment of Board Members Nancy Gentilquore and Steven
Stroud.
Staff is recommending Item 2 be pulled from the Consent Agenda so a motion can be made to
revise Resolution No. 2021-11 as detailed in the attached documents.
Attachments:
Revised Draft Resolution No. 2021-11
Original Draft Resolution No. 2021-11 with revised portions highlighted
RESOLUTION NO. 2021-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA; APPOINTING AND REAPPOINTING MEMBERS TO THE PLANNING
AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §58-56
established a Board known as the Planning and Zoning Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint and reappoint members to the Planning and Zoning Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment of Members to City Advisory Boards. Pursuant to City Code
§2-171(e), the City Council of the City of Cape Canaveral hereby appoints the following individual
to the following City Advisory Board:
Eugene Thorpe shall be appointed to an existing, unexpired term on the Planning
and Zoning Board, to serve until September 15, 2023.
Following completion of this term, this appointee may be eligible for reappointment for an
additional three-year term, consistent with the limitations set forth in section 2-171(f), City Code.
Section 3. Reappointment of Members to a City Advisory Board. Pursuant to City Code
§2-171(f), the City Council of the City of Cape Canaveral hereby reappoints the following
individuals to the following City Advisory Board:
Nancy Gentilquore and Steven Stroud shall be reappointed to the Planning and
Zoning Board, to serve until September 15, 2024.
Following completion of these terms, these appointees 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 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
City of Cape Canaveral
Resolution No. 2021-11
Page 1 of 2
Section 6. Effective Date. This Resolution shall become effective upon adoption by the City
Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 17th Day of August, 2021.
ATTEST:
Mia Goforth, CMC,
City Clerk
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2021-11
Page 2 of 2
The highlighted portions indicate sections that have been removed and/or revised.
RESOLUTION NO. 2021-11
A RESOLUTION OF THE CITY OF CAPE CANAVERAL
FLORIDA;
APPOINTING AND
REAPPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD OF
THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §58-56
established a Board known as the Planning and Zoning Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint and reappoint members to
the Planning and Zoning Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment of Members to City Advisory Boards. Pursuant to City Code 2-
171(e), the City Council of the City of Cape Canaveral hereby appoints the following individuato
the following City Advisory Board
Eugene Thorpe shall be appointed to an existing, unexpired term on the Planning
and Zoning Board, to serve until September 15, 2023.
Following completion of the term, the appointe may be eligible for reappointment for an
additional three-year term, consistent with the limitations set forth in section 2-171(f), City Code.
Section 3. Reappointment of Members to a City Advisory Board. Pursuant to City Code
§2-171(f), the City Council of the City of Cape Canaveral hereby reappoints the following
individuals to the following City Advisory Board:
Nancy Gentilquore and Steven Stroud shall be reappointed to the Planning and
Zoning Board, to serve until September 15, 2024.
Following completion of these terms, these appointees 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.
City of Cape Canaveral
Resolution No. 2021-11
Page 1 of 2
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective upon adoption by the City
Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 17th Day of August, 2021.
ATTEST:
Mia Goforth, CMC,
City Clerk
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2021-11
Page 2 of 2
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • ITEM # 3
Subject: Approve the Fourteenth Addendum to Professional Services Agreement for Fertilization,
Insect, Disease, Weed Control and Pest Control Services in the amount of $54,606 with Black's Spray
Service, Inc. and authorize the City Manager to execute same.
Department: Public Work Services
Summary: This contract was awarded to Black's Lawn Care and Pest Control, Inc. (Black's) in 2008
for providing services including fertilization, disease and weed control of turf areas and the Central
(Canaveral) Ditch. A contract for pest control services for all City buildings was awarded to Black's
in 2010. Total cost for all services is $54,606 which is no increase from the prior year. Black's will
continue to use products that eliminate the use of Glyphosate and Nitrogen.
In general, Staff is very pleased with the level of service and customer support provided by Black's.
The initial Professional Services Agreement between the City and Black's allowed for five (5)
extensions of one-year periods.
• The Seventh Addendum to the Agreement (executed in 2014 with an expiration of
September 30, 2015) provided that "the parties shall have the option to extend the term
of this Agreement for two (2) additional one-year periods."
• The Eighth Addendum provided for a one-year extension period, which expired on
September 30, 2016.
• The Ninth Addendum provided for a one-year extension period, which expired
September 30, 2017.
• The Tenth Addendum, which expired on September 30, 2018, provided for a one-year
extension period.
• The Eleventh Addendum, expired September 30, 2019, and provided that the parties
shall have the option to extend the term of this Agreement for five (5) additional one-
year periods.
• The Amended Twelfth Addendum provides for a one-year extension period, which is
expired on September 30, 2020.
• The Thirteenth Addendum provided for a one-year extension period, which expires on
September 30, 2021.
• The Fourteenth Addendum (Attachment) provides for a one-year extension period,
which is scheduled to expire on September 30, 2022.
Submitting Department Director: James Moore Date: 8/4/21
Attachment: Fourteenth Addendum to Professional Services Agreement with Exhibit "I"
FY2021-2022 Bid Tab Sheets
Financial Impact: $54,606 with Black's for Fertilization, Insect, Disease, Weed Control and Pest
Control Services funded by Departments throughout the City; Staff time and effort to prepare this
agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/4/21
The City Manager recommends the City Council take the following actions: Approve the
Fourteenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed
Control and Pest Control Services in the amount of $54,606 with Black's Spray Service, Inc. and
authorize City Manager to execute same.
Approved by City Manager: Todd Morley Date: 8/4/21
FOURTEENTH ADDENDUM TO
PROFESSIONAL SERVICES AGREEMENT
THIS FOURTEENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
("Fourteenth Addendum") is made and entered this day of , 2021 by and between
the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100
Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a
Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island,
Florida 32953 ("Contractor").
WITNESSETH:
WHEREAS, the City and Contractor previously entered into a Professional Services
Agreement ("Agreement") for fertilization, insect, disease, and weed control of turf areas and weed
control of the Central Ditch; and
WHEREAS, the Agreement, as amended by several addenda, terminates on September
30, 2021; and
WHEREAS, the parties mutually desire to extend the term of the agreement as set forth
herein, and the City desires to waive the competitive bidding process for the purpose of extending
the term of the agreement; and
WHEREAS, this Fourteenth Addendum is in the best interests of the health, safety and
welfare of the citizens of the City of Cape Canaveral; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the City
and Contractor hereby agree as follows:
ARTICLE 1 — RECITALS
The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by
this reference.
ARTICLE 2 — EXTENSION OF TERM
The City and Contractor hereby agree to extend the term of the Agreement for one (1) year,
commencing on October 1, 2021 and terminating on September 30, 2022. The parties shall have
the option to extend the term of this Agreement for two (2) additional one (1) year periods. Any
such extension shall be by mutual written agreement of all parties and shall be executed no less
than ninety (90) days prior to the expiration of this Agreement's current term.
Fourteenth Addendum to Professional Services Agreement
City of Cape Canaveral / Black's Spray Service, Inc.
Page 1 of 2
ARTICLE 3 — PAYMENT OF CONTRACTOR
Article 6 of the Agreement, which addresses payment of contractor, is hereby deleted in its entirety
and replaced with the following language:
The City shall pay to Contractor $54,606.00 for chemical applications (e.g., fertilization,
insect control, and weed control) as described in Exhibit "I," Chemical Applications Bid Tab Sheet.
The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement.
Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved
by the Agreement Administrator, indicating that the services being invoiced are in conformity with
the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall
be processed consistent with the Florida Local Government Prompt Payment Act.
ARTICLE 4 — OTHER PROVISIONS
Any other term or provision of the Agreement not expressly modified by this Fourteenth
Addendum, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth or Thirteenth Addenda, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fourteenth Addendum as
of the day and year first above written.
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
Attest: By:
By:
Mia Goforth, City Clerk
WITNESSES:
Print Name:
Print Name:
Todd Morley, City Manager
CONTRACTOR:
Black's Spray Service, Inc.,
a Florida corporation.
By:
Carlos S. Boyer, President
Fourteenth Addendum to Professional Services Agreement
City of Cape Canaveral / Black's Spray Service, Inc.
Page 2 of 2
Exhibit"I"
Times Per
Application Areas Unit Cost Year Total Cost Address/Notes
A. City Hall,Cape Canaveral,Sheriff's Annex,Library
Turf Applications(Granual/Liquid) I $ 169.95 6 $ 1,019.70 I Annex - 111 Polk Ave.
Ornamental Fertilization(Granular) $ 370.80 2 $ 741.60
Tree Fertilizaiton(Granular) $ 103.00 2 $ 206.00 City Hall/Cape Center 100/105 Polk Ave.
Herbicide Applications $ 149.15 10 $ 1,491.50
City Hall - $130X6; Sheriffs Annex - $65X6; Rec Center-
Facilities Pest Control $ 654.05 6 $ 3,924.30 $65X6; Canaveral Park - $145X6; Manatee Park - $50X6;
Public Works - $125X6;Streets $55X6
B. Recreation Complex
Turf Applications(Granual/Liquid) $ 108.15 6 $ 648.90
Ornamental Fertilization(Granular) $ 123.60 2 $ 247.20
7300 N.Atlantic Ave.
Tree Fertilizaiton(Granular) $ 30.90 2 $ 61.80
Herbicide Applications $ 102.80 10 $ 1,028.00
C. Xeriscape Park
Herbicide Applications I $ - I 10 I $ - South Side of City Hall/between Polk &Taylor Avenues
D. Veteran's Memorial Park
Turf Applications(Granual/Liquid) $ 30.90 6 $ 185.40
Ornamental Fertilization(Granular) $ 46.35 2 $ 92.70 Adjacent to Public Library located at 201 Polk Ave.
Herbicide Applications $ 56.45 10 $ 564.50
E. Bennix Park
Turf Applications(Granual/Liquid) $ 154.50 6 $ 927.00
Ornamental Fertilization(Granular) $ 139.05 2 $ 278.10 Washington Ave.
Tree Fertilizaiton(Granular) $ 61.80 2 $ 123.60 (Between N.Atlantic and Rosalind Ave)
Herbicide Applications $ 87.35 10 $ 873.50
F. Canaveral&Canaveral Beach Blvd.
Turf Applications(Granual/Liquid) $ 185.40 6 $ 1,112.40
Ornamental Fertilization(Granular) $ 108.15 2 $ 216.30
Medians Only
Tree Fertilizaiton(Granular) $ 46.35 2 $ 92.70
Herbicide Applications $ 102.80 10 $ 1,028.00
Exhibit"I"
Times Per
Application Areas Unit Cost Year Total Cost Address/Notes
G. N.Ridgewood,E.Central,and W.Central
Turf Applications(Granual/Liquid) $ 370.80 6 $ 2,224.80
Ornamental Fertilization(Granular) $ 216.30 2 $ 432.60
Tree Fertilizaiton(Granular) $ 61.80 2 $ 123.60
Herbicide Applications $ 241.85 10 $ 2,418.50
H. Cape View Tree Line and Kindergarten
Turf Applications(Granual/Liquid) $ 15.45 6 $ 92.70
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 Cape View Elementary School
Tree Fertilizaiton(Granular) $ 46.35 2 $ 92.70 8400 Rosalind Ave.
Herbicide Applications $ 41.00 10 $ 410.00
I. Harbor Heights
Turf Applications(Granual/Liquid) $ 30.90 6 $ 185.40
Ornamental Fertilization(Granular) $ 30.90 2 $ 61.80 Harbor Dr.
Tree Fertilizaiton(Granular) $ 15.45 2 $ 30.90 (Off N.Atlantic Ave.)
Herbicide Applications $ 56.45 10 $ 564.50
J. N.Atlantic Ave
Turf Applications(Granual/Liquid) $ 30.90 6 $ 185.40
Ornamental Fertilization(Granular) $ 427.45 2 $ 854.90
Tree Fertilizaiton(Granular) $ 427.45 2 $ 854.90
Herbicide Applications $ 386.05 10 $ 3,860.50
K. Canaveral City Park and Ball Park
Turf Applications(Granual/Liquid) $ 185.40 6 $ 1,112.40
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 7920 Orange Ave - (Top Choice - Both Infields and
Herbicide Applications $ 56.45 10 $ 564.50
Outfields; Playgrounds;and Pavillion)
Turf Applications(Little League Infield) $ 77.25 12 $ 927.00
Top Choice Application $ 1,133.00 1 $ 1,133.00
L. Center Street Park and Streetscape
Turf Applications(Granual/Liquid) $ 15.45 6 $ 92.70
Ornamental Fertilization(Granular) $ 92.70 2 $ 185.40 West End of Center Street.
Tree Fertilizaiton(Granular) $ 30.90 2 $ 61.80 (Off N.Atlantic Ave.)
Herbicide Applications $ 128.55 10 $ 1,285.50
Exhibit "I"
Times Per
Application Areas Unit Cost Year Total Cost Address/Notes
M. South City Entrance Sign
Turf Applications(Granual/Liquid) $ - $ -
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 N.Atlantic Ave
Tree Fertilizaiton(Granular) $ 15.45 2 $ 30.90 (Between Grant Ave and Johnson Ave.)
Herbicide Applications $ 41.00 10 $ 410.00
N. A1A Landscaped Areas
Ornamental Fertilization(Granular) $ 231.75 2 $ 463.50
Tree Fertilizaiton(Granular) $ 231.75 2 $ 463.50
Herbicide Applications $ 241.85 10 $ 2,418.50
O. Patriots Park
Turf Applications(Granual/Liquid) $ 30.90 6 $ 185.40
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 West End of Longpoint Rd.
Tree Fertilizaiton(Granular) $ 15.45 2 $ 30.90 (W.Side of N.Atlantic Ave)
Herbicide Applications $ 56.45 10 $ 564.50 Top Choice - Playground
Top Choice Application $ 103.00 1 $ 103.00
P. Columbia Drive
Turf Applications(Granual/Liquid) $ 46.35 6 $ 278.10
Ornamental Fertilization(Granular) $ - $ -
Tree Fertilizaiton(Granular) $ 30.90 2 $ 61.80
Herbicide Applications $ - $ -
Q. Thurm Blvd.Medians
Turf Applications(Granual/Liquid) $ 30.90 6 $ 185.40
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90
Herbicide Applications $ - $ -
R. Manatee Park
Turf Applications(Granual/Liquid) $ 30.90 6 $ 185.40 901 Thurm Blvd.
Ornamental Fertilization(Granular) $ 46.35 2 $ 92.70
(Park located on river just north of Cape Canaveral
Tree Fertilizaiton(Granular) $ 61.80 2 $ 123.60
Public Works Facility)
Herbicide Applications $ 334.55 10 $ 3,345.50
Top Choice Application $ 772.50 1 $ 772.50
Top Choice - Pavilion, Exercise Train and Bench Areas
Exhibit "I"
Times Per
Application Areas Unit Cost Year Total Cost Address/Notes
S. 'Banana River Park
Turf Applications(Granual/Liquid) $ 154.50 6 $ 927.00
Ornamental Fertilization(Granular) $ 23.18 2 $ 46.36
801 Thurm Blvd.
Tree Fertilizaiton(Granular) $ 84.98 2 $ 169.96
Top Choice - Soccer Field and Playground
Herbicide Applications $ 118.24 10 $ 1,182.40
Top Choice Application $ 721.00 1 $ 721.00
T. N.City Entrance Sign A1A
Turf Applications(Granual/Liquid) $ - $ -
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 North end of Cape Canaveral on west side of Astronaut
Tree Fertilizaiton(Granular) $ - $ - Blvd.
Herbicide Applications $ 41.00 10 $ 410.00
U. N.Atlantic Entrance Sign
Turf Applications(Granual/Liquid) $ $ North end of Cape Canaveral on West side of N.Atlantic
Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90
near the Port Entrance
Herbicide Applications $ 41.00 10 $ 410.00
V. 'Water Reclamation Plant
Turf Applications(Granual/Liquid) $ - $ -
Ornamental Fertilization(Granular) $ 30.45 2 $ 60.90
701 Thurm Blvd.
Tree Fertilizaiton(Granular) $ 92.70 2 $ 185.40
Herbicide Applications $ -
W.Aquatics '
North &South sides of W.Central Blvd between South
Gate Mobile Home Park and Oak Manor Drive -
Aquatic Herbicide Application $ 320.00 12 $ 3,840.00 $50.00x12=$600.00; Manatee Park Ponts -
$16.25x12=$195.00' Water Treatment Plant Points -
$6.25x12=$75.00
X. Sandpiper Park Playground(Canaveral Ballpark)
Turf Applications(Granual/Liquid) $ 61.80 6 $ 370.80
Y. Ridewood Ave
Turf Applications(Granual/Liquid) $ 229.90 6 $ 1,379.40
Ornamental Fertilization(Granular) $ 157.59 2 $ 315.18
Tree Fertilizaiton(Granular) $ 92.70 2 $ 185.40
Herbicide Applications $ 185.20 10 $ 1,852.00
Top Choice Application $ $ Ridgewood Ave.
Aquatic Herbicide Applications $ - $ -
Exhibit "I"
Times Per
Application Areas Unit Cost Year Total Cost Address/Notes
Bid Tab Sheet Grand Total
Location Totals
Turf Areas $ 11,298.30
Top Choice $ 2,729.50
Ornamentals $ 4,305.54
Trees $ 3,826.46
Herbicide Application $ 24,681.90
Aquatic Application $ 3,840.00
Facilities Pest Control $ 3,924.30
Grand Total Chemical Bid: $ 54,606.00
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • ITEM # 4
Subject: Approve Addendum to Professional Services Agreement for Mowing and Landscaping
Services in the amount of $264,144.36 with U.S. Lawns of Brevard dba Micnor Corp. and authorize
City Manager to execute same.
Department: Public Works Services
Summary: The City and U.S. Lawns of Brevard (U.S. Lawns) entered into a Professional Services
Agreement on February 18, 2020 following an awarded contract of the City's Mowing/Maintenance
of all City -owned Areas, including FDOT areas in the City's rights -of -way. The Agreement between
the City and U.S. Lawns allows for five (5) one-year extensions. Staff is very pleased with the services
provided by U.S. Lawns.
U.S. Lawns price has increased by $1,533.56. The contract amount was $262,610.80 and has
increased to $264,144.36. This increase reflects the addition of Wagner Park west side and minor
cost of living inflations. This amount will also include the trimming of palms on City -owned right-
of-ways, parks and City -owned properties. U.S. Lawns will continue using green products
(glyphosate and nitrogen -free) for weed control throughout all City -owned landscape beds, curbs,
and sidewalks. Pricing for the one-year contract is included in Exhibit 1.
The initial Agreement will expire on September 30, 2021. The proposed Addendum to the
Professional Services Agreement is attached and includes the following:
• Extends the Professional Services Agreement for one year (from October 1, 2021 to
September 30, 2022); and
• Reflects the increased total contract amount of $264,144.36.
Submitting Department Director: James Moore Date: 8/6/21
Attachment: Addendum to Professional Services Agreement —with Exhibit 1 Bid Tab Sheet
Financial Impact: $264,144.36 for the mowing and landscaping maintenance contract to U.S. Lawns
of Rockledge, Florida funded by various City Departments; Staff time and effort to prepare this
agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/6/21
The City Manager recommends the City Council take the following action(s):
Approve Addendum to Professional Services Agreement for Mowing and Landscaping Services in
the amount of $264,144.36 with U.S. Lawns of Brevard dba Micnor Corp. and authorize City Manager
to execute same.
Approved by City Manager: Todd Morley Date: 8/6/21
SECOND ADDENDUM TO
U.S. LAWNS OF BREVARD
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this day
of , 2021 by and between the CITY OF CAPE CANAVERAL, a Florida municipal
corporation, whose principal address is 100 Polk Avenue, Cape Canaveral, Florida 32920 ("City"),
and U.S. LAWNS OF BREVARD DBA MICNOR CORP, a Florida corporation, whose principal
address is 374 Commerce Parkway, Rockledge, Florida 32955 ("Contractor").
WITNESSETH:
WHEREAS, the City and Contractor previously entered into the February 18, 2020 "U.S. Lawns
of Brevard Professional Services Agreement" ("Agreement") following an award of the City's
"Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and
Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract to Contractor; and
WHEREAS, the agreement is scheduled to terminate on September 30, 2021; and
WHEREAS, the parties mutually desire to extend the term of the Agreement as set forth herein;
and
WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the
citizens of the City of Cape Canaveral; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the City and
Contractor hereby agree as follows:
ARTICLE 1 — RECITALS
The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by
this reference.
ARTICLE 2 — EXTENSION OF TERM
The City and Contractor hereby agree to extend the term of this Agreement for one (1) year,
commencing on October 1, 2021 and terminating at midnight on September 30, 2022. The parties
shall have the option to extend the term of this Agreement for four (4) additional one (1) year
periods. Any such extension shall be by mutual written agreement of all parties and shall be
executed no less than ninety (90) days prior to the expiration of this Agreement's current term.
Addendum to Professional Services Agreement
City of Cape Canaveral/U.S. Lawns of Brevard
Page 1 of 3
ARTICLE 3 — SCOPE OF SERVICES
Contractor shall do, perform, deliver and carry out, in a professional manner, the types of services
as set forth in Exhibit 1, Scope of Services, attached hereto and fully incorporated herein by this
reference.
ARTICLE 4 — PAYMENT OF CONTRACTOR
The City shall pay to Contractor $264,144.36 for mowing and maintenance of certain landscaped
areas of the City and of the Central Ditch, as described in Exhibit 1, Scope of Services. The
Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement.
Invoices received from the Contractor pursuant to this Agreement shall be reviewed and approved
by the Agreement Administrator, indicating that the services being invoiced are in conformity with
the Agreement. The invoices shall be sent to the Finance Department for payment. Payments shall
be processed consistent with the Florida Local Government Prompt Payment Act.
ARTICLE 5 — NOTICE
All notices required in the Agreement shall be sent by certified mail, return receipt requested, and
if sent to the City, shall be mailed to:
James Moore, Public Works Services Director
City of Cape Canaveral
PO Box 326
Cape Canaveral, Florida 32920
And if sent to the Contractor, shall be mailed to:
Brandon Silverstein, Owner
U.S. Lawns of Brevard
374 Commerce Parkway
Rockledge, Florida 32940
Copy to:
Todd Morley, City Manager
City of Cape Canaveral
PO Box 326
Cape Canaveral, Florida 32920
Addendum to Professional Services Agreement
City of Cape Canaveral/U.S. Lawns of Brevard
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
Attest:
By:
Mia Goforth, City Clerk
WITNESSES:
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
By:
Todd Morley, City Manager
CONTRACTOR:
U.S. Lawns of Brevard,
a Florida corporation.
By:
Print Name: Print Name:
Title:
Print Name:
Addendum to Professional Services Agreement
City of Cape Canaveral/U.S. Lawns of Brevard
Page 3 of 3
Exhibit 1
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA I TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
City Hall.Cape Center. BCSO.Canaveral City Hall-100 Polk Ave.
A Fire and Rescue.Community and
Economic Development. Library BCSO Precinct-111 Polk Ave.
Mowing Operations $ 214.14 44 $ 9,422.16 Canaveral Fire and Rescue-
Hedge Trimming $ 231.75 12 $ 2,781.00 190 Jackson Ave.
Weed Spraying $ 41.72 12 $ 500.64 Cape Center-105 Polk Ave.
Palm Trimming (57-[45 IM; 12 Lib]) $1,311.00 1 $ 1,311.00 Library-201 Polk Ave.
B Recreation Complex
Mowing Operations $ 185.40 44 $ 8,157.60 7300 N.Atlantic Ave.(SR A1A)
Hedge Trimming $ 299.42 12 $ 3,593.04
Palm Trimming (20) $ 460.00 1 $ 460.00
C Xeriscape Park
South Side of Cape Center
Mowing Operations $ 42.64 44 $ 1,876.16 (105 Polk Ave.)between Polk and
Hedge Trimming $ 76.01 12 $ 912.12 Taylor Ave.
Palm Trimming (4) $ 82.80 1 $ 82.80
D Veteran's Memorial Park
Mowing Operations $ 74.16 44 $ 3,263.04 Adjacent to Library
Hedge Trimming $ 76.01 12 $ 912.12 (201 Polk Ave.)
Palm Trimming (6) $ 124.20 1 $ 124.20
Page 1 of 9 Corrected Palm Cell Numbers 1G
Exhibit 1
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA I (Continued) TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
E Bennix Park
Mowing Operations $ 72.00 44 Washington Ave. North Side
$ 3,168.00 (Between Poinsetta Ave.and
Hedge Trimming $ 184.50 12 $ 2,214.00 Rosalind Ave.)
Palm Trimming(30) $ 690.00 1 $ 690.00
F Canaveral & Canaveral Beach Blvds.
(Medians Only)
Mowing Operations $ 108.00 44 $ 4,752.00
Hedge Trimming $ 207.00 12 $ 2,484.00
Palm Trimming(98) $ 2,254.00 1 $ 2,254.00
East Central Blvd.
G (Medians Only)
and West Central Blvd.
(Medians and Tree Lines)
Mowing Operations $ 225.00 44 $ 9,900.00
Hedge Trimming $ 139.50 12 $ 1,674.00
Palm Trimming (106) $ 2,438.00 1 $ 2,438.00
1
H Cape View Elementary Tree Line and
Kindergarten
Mowing Operations $ 45.00 44 $ 1,980.00 Cape View Elementary School
Palm Trimming (17) $ 391.00 1 $ 391.00 (8840 Rosalind Ave.)
Page 2 of 9 Corrected Palm Ceell Numbers 1G
•
Page 2 of 9 Corrected Palm Cell Numbers 1 G
Exhibit 1
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA I (Continued) TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
LANDSCAPED AREAS
Harbor Heiahts
(Medians Only)
Mowing Operations $ 36.00 44 $ 1,584.00 Harbor Dr.
(Off N.Atlantic Ave.)
Hedge Trimming $ 63.00 12 $ 756.00
Palm Trimming (4) $ 92.00 1 $ 92.00
J N.Atlantic Ave.
SR A1A/N.Atlantic to Welcome Sign
Mowing Operations $ 58.50 44 $ 2,574.00 North End of N Atlantic Ave.by Port
Hedge Trimming $ 67.50 12 $ 810.00
1
K Canaveral City Park and Ball Park
Mowing Operations $ 270.00 44 $ 11,880.00
Infield Mowing $ 54.00 80 $ 4,320.00 7920 Orange Ave.
Hedge Trimming $ 63.00 12 $ 756.00
Palm Trimming (144) $ 3,312.00 1 $ 3,312.00
Aeration,Top Dressing,and Verticutting 2,750.00 1 $ 2,750.00
L Center Street Park and Streetscape
Mowing Operations $ 45.00 44 $ 1,980.00 West End of Center St.
Hedge Trimming $ 52.20 12 $ 626.40 (Off N.Atlantic Ave.)
Palm Trimming(19) $ 437.00 1 $ 437.00
M South City Entrance Sign
SR A1A
Mowing Operations $ 32.40 44 $ 1,425.60 (Northeast Corner Including Palm
Hedge Trimming $ 52.20 12 $ 626.40 Tree Area Parallel to Grant Ave.)
Palm Trimming (9) $ 207.00 1 $ 207.00
Page 3 of 9 Corrected Palm Cell Numbers 1G
Exhibit 1
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA I (Continued)
LANDSCAPED AREAS TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
I
N SR A1A Landscaped Easement Areas Christ Lutheran Church -7511 N.
Atlantic Ave.
Center St.-7077 N.Atlantic Ave.
Mowing Operations 44 (Two Areas North and South of
$ 198.00 $ 8,712.00 Center St.on SR A1A)
Area Immediately North of 6395 N.
Hedge Trimming 12 Atlantic Ave.and South of Cape
$ 160.20 $ 1,922.40 Shores Dr.
Palm Trimming (35) $ 805.00 1 $ 805.00 6121 N.Atlantic Ave.
_ _ _
O Patriot's Park
East End of Long point Rd.
Mowing Operations $ 54.00 44 $ 2,376.00 (West Side of N.Atlantic Ave.)
Palm Trimming (21) $ 483.00 1 $ 483.00
_ _ _ I
P Columbia Drive(Medians Only)
Mowing Operations $ 76.50 44 $ 3,366.00 Medians Only
Hedge Trimming $ 184.50 12 $ 2,214.00
Palm Trimming (9) $ 207.00 1 $ 207.00
_ 1
Q Thurm Boulevard (Medians Only)
Mowing Operations $ 76.50 44 $ 3,366.00 Medians Only
Hedge Trimming $ 117.00 12 $ 1,404.00
Palm Trimming (14) $ 322.00 1 $ 322.00
Page 4 of 9 Corrected Palm Cell Numbers 1G
Exhibit 1
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA I (Continued)
LANDSCAPED AREAS TIMES PER
UNIT COST YEAR TOTAL COST ADDRESS/NOTES
R Manatee Sanctuary Park
701 Thurm Blvd.(Park Is Located on
Mowing Operations $ 270.00 44 $ 11,880.00 River Just North of Water
Palm Trimming (238) $ 5,474.00 1 $ 5,474.00 Reclamation Facility)
Edging of Exercise Trail $ 31.50 12 $ 378.00
.
S Banana River Park 901 Puerto Del Rio Dr.Soccer Field
Mowing Operations $ 118.80 80 $ 9,504.00 and Park Area Including Canoe
Palm Trimming (38) $ 874.00 1 $ 874.00 Launch Area
T North City Entrance Sign A1A
Mowing Operations $ 36.00 44 $ 1,584.00 North End of Cape Canaveral on
Hedge Trimming $ 45.00 12 $ 540.00 West Side of Astronaut Blvd.
Palm Trimming (6) $ 138.00 1 $ 138.00
'
U N.Atlantic Ave. Entrance Sign North End of Cape Canaveral on
Mowing Operations $ 36.00 44 $ 1,584.00 West Side of N.Atlantic Ave. by Port
Entrance
Palm Trimming (14) $ 322.00 1 $ 322.00
V Ridgewood Ave.
Redevelopment Project Parallel to
Mowing Operations $ 268.83 44 $ 11,828.52 Oceanfront from East Central Blvd.to
Hedge Trimming $ 254.93 12 $ 3,059.16 Johnson Ave.
Palm Trimming (106) $ 2,438.00 1 $ 2,438.00
Page 5 of 9 Corrected Palm Cell Numbers 1G
Exhibit 1
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA II TIMES PER
RIGHTS-OF-WAY UNIT COST YEAR TOTAL COST ADDRESS/NOTES
A N.Atlantic Ave. North Entrance Sign to Landscaped
Mowing Operations $ 264.20 24 $ 6,340.80 Triangle Area(Undeveloped Areas
Only)
Palm Trimming (61) $ 1,403.00 1 $ 1,403.00
B East Central Blvd.-From N.Atlantic Ave.
East to Ridgewood Ave.
Mowing Operations $ 238.50 24 $ 5,724.00 (Undeveloped Areas Only)
Palm Trimming (60) $ 1,500.00 1 $ 1,500.00
C West Central Blvd.-From Thurm Blvd
East to N.Atlantic Ave.
Mowing Operations $ 104.40 24 $ 2,505.60 (Undeveloped Areas Only)
Palm Trimming (39) $ 975.00 1 $ 975.00
D Beach End Streets (Harbor Heights to
Johnson Ave.)
Mowing Operations $ 148.50 24 $ 3,564.00
E Harbor Heights/Harbor Dr.Stormwater
Retention Harbor Dr.(Off N.Atlantic Ave.)Cul
de Sac Area at East End
Mowing Operations $ 59.40 24 $ 1,425.60
F Oak Lane
ROW on Both Sides of Roadway
Mowing Operations $ 59.40 24 $ 1,425.60
G SR A1A East Side and West Side
Mowing Operations $ 223.20 24 $ 5,356.80 (Undeveloped Areas Only)
H Thurm Blvd. From SR A1A on East Side to West
Mowing Operations $ 297.00 24 $ 7,128.00 Central Blvd.on North Side(To the
Wall of Discovery Bay Development)
Palm Trimming (32) $ 800.00 4 $ 800.00
Page 6 of 9 Corrected Palm Cell Numbers 1G
Exhibit 1
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA II (Continued) TIMES PER
RIGHTS-OF-WAY UNIT COST YEAR TOTAL COST ADDRESS/NOTES
I Jefferson/Poinsettia Ave.
Right-of-way Along Undeveloped Lot.
Mowing Operations $ 31.50 24 $ 756.00
J Washinaton/Poinsettia Ave.
Right-of-way Along Undeveloped Lot.
Mowing Operations $ 31.50 24 $ 756.00
K Madison/Maanolia Ave.
Right-of-way Along Undeveloped Lot.
Mowing Operations $ 29.70 24 $ 712.80
L Buchanan/Orange Ave.
Right-of-way Along Undeveloped Lot.
Mowing Operations $ 29.70 24 $ 712.80
M Canaveral Blvd. Right-of-way on the North Side of
Canaveral Blvd.in Front of Gated
Mowing Operations $ 45.00 24 $ 1,080.00 Development.
Page 7 of 9 Corrected Palm Cell Numbers 1G
Exhibit 1
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID AREA III TIMES PER
WATER RECLAMATION FACILITY AND LIFT UNIT COST YEAR TOTAL COST ADDRESS/NOTES
STATIONS
A Water Reclamation Facility
601 Thurm Blvd.
Mowing Operations $ 463.00 44 $ 20,372.00
B Lift Stations See Attached List and Map for
Mowing Operations $ 210.00 44 $ 9,240.00 Locations.
BID AREA IV
UNIT COST TIMES PER TOTAL COST
MOWING/SLOPE MOWING OF CENTRAL YEAR LOCATION: North and South of West
DITCH AND OTHER AREAS Central Blvd.from Port to SR A1A.
A Central Ditch
Mowing Operations $ 675.00 12 $ 8,100.00
B Stormwater Pond-Manatee Park
Mowing Operations $ 99.00 44 $ 4,356.00 LOCATION: 701 Thurm Blvd.
C Stormwater Ponds-Plant
Mowing Operations $ 83.00 44 $ 3,652.00 LOCATION: 601 Thurm Blvd.
D Stormwater Easement
LOCATION: 8893 N.Atlantic Ave.
Mowing Operations $ 500.00 1 $ 500.00
BID AREA V
UNIT COST TIMES PER TOTAL COST
Miscellaneous Mowing per Request YEAR
A Code Enforced Empty Lots. ROWs and
Abandoned Residential Lots $ 1,500.00 I 1 $ 1,500.00
•
Page 8 of 9 Corrected Palm Cell Numbers 1G
Exhibit 1
City of Cape Canaveral
Mowing and Landscape Maintenance
Bid #2020-01 TAB SHEET
BID #2020-01 TAB SHEET GRAND TOTAL
BID AREA I - LANDSCAPED AREAS
$ 174,258.36
BID AREA II -RIGHTS-OF-WAY
$ 42,166.00
BID AREA III -WATER RECLAMATION FACILITY AND LIFT
STATIONS
$ 29,612.00 I
BID AREA IV -MOWING/SLOPE MOWING OF CENTRAL DITCH
AND OTHER AREAS
$ 16,608.00 I
BID AREA V -MISCELLANEOUS MOWING PER REQUEST
$ 1,500.00
GRAND TOTAL OF BID AREAS I, II, Ill AND IV $ 264,144.36
VENDOR INFORMATION NOTES: In this bid tabulation sheet a total of
$27,563.00 is for the Palm trimming. The
COMPANY NAME: U.S. Lawns of Brevard actual base contract amount for
maintenance services is $236,581.00
COMPANY REPRESENTATIVE: Shane Kersten
MAILING ADDRESS: 374 Commerce Pkwy. Rockledge, Fl.32955
OFFICE-321-636-0655
PHONE:
MOBILE-321-505-1157
Page 9 of 9 Corrected Palm Cell Numbers 1G
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • ITEM # 5
Subject: Approve Proposal from Mead and Hunt in the amount of $46,148 to complete a Center
Street Basin Stormwater System Analysis and authorize City Manager to execute same.
Department: Capital Projects
Summary: Over the last few months, the City experienced several significant weather events, some
of which included rainfall rates as high as 19.2 inches per hour. These weather events resulted in
significant flooding of streets and private properties, especially in the Center Street Basin. This
drainage basin is located primarily in the Presidential Streets area, in the southern portion of the
City and is delineated as follows:
• Polk Avenue to the north;
• Atlantic Ocean to the east;
• Johnson Avenue to the south; and
• Banana River to the west.
The stormwater system in this drainage basin was constructed in the 1960s and consists of various
sizes of concrete reinforced pipe and over 75 inlets. Very few additions or improvements to the
stormwater infrastructure have been made over the past 60 years. Stormwater from the drainage
basin discharges to the Banana River through a nutrient separating baffle box located at the western
end of Center Street.
Investigative Activities. As a result of the recent flooding issues in the drainage basin, Staff
conducted a number of investigations to develop possible corrective measures for the flooding
issues. In-house tasks included the following:
• Physical monitoring of drains during heavy storm events;
• Pumping stormwater from the Center Street baffle box into the Banana River;
• Remote monitoring of storms through the City's weather centers;
• Inspection of drainage system pipes for blockage; and
• Continual social media awareness, tips and a direct telephone line to report flooding
issues throughout the City.
In addition to these ongoing in-house tasks, Staff recommends the completion of a more
comprehensive study of the stormwater system in the Center Street Basin. Completion of such a
study will assist in the development of a plan to permanently fix flooding issues in the drainage
basin. The proposed stormwater study will include the following tasks: (1) collection of
infrastructure data, (2) preparation of hydrologic and hydraulic models of the existing Center Street
Basin, (3) development of conceptual designs (up to five projects), and (4) preparation of a final
report.
Selected Firm: After review of engineering firm qualifications for similar -type projects completed
in other municipalities, Staff selected Mead and Hunt of Port Orange, Florida to perform the
recommended stormwater study. Mead and Hunt is one of the engineering firms selected by the
City of Cape Canaveral
City Council Meeting • August 17, 2021
Agenda Item # 5
Page 2 of 2
City for Continuing Professional Engineering/Surveying, Planning, Consulting and Architectural
Services through the Consultants' Competitive Negotiation Act (CCNA). A Master Services
Agreement for these services was signed in July 2018 between the City and Mead and Hunt. The
proposed scope of work for the Center Street Basin StormwaterSystemAnalysis is attached.
Submitting Department Director: Jeff Ratliff Date: 8/9/21
Attachment:
Center Street Basin Stormwater System Analysis Proposal
Financial Impact: $46,148 to complete a Center Street Basin Stormwater System Analysis funded
by the Stormwater Fund. Staff time and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/9/21
The City Manager recommends the City Council take the following action: Approve Proposal
from Mead and Hunt in the amount of $46,148 to complete a Center Street Basin Stormwater
System Analysis and authorize City Manager to execute same.
Approved by City Manager: Todd Morley Date: 8/9/21
Mead
& Hunt
July 23, 2021
Jeff Ratliff
City of Cape Canaveral
100 Polk Avenue
PO Box 236
Cape Canaveral, FL 32920
Subject: Center Street Basin Analysis
Dear Mr. Ratliff,
Email: j.ratliff@cityofcapecanaveral.org
Mead & Hunt is pleased to provide this engineering services scope and fee estimate for this effort. We
understand the issue with the reoccurring flooding in the Center Street basin and we have assisted many
other area municipalities with the resolution of similar issues. The enclosed scope includes the
evaluation of the existing conditions and the development of conceptual projects to reduce the severity
and frequency of the flooding. We look forward to assisting the City with this challenging project.
If you have any questions or require additional information, please contact me.
Sincerely,
MEAD & HUNT, Inc.
David A. King, PE
Vice President/Business Unit Leader
DAK/AMG;bf
Attachment: Scope of Services and Fee Estimate
Andrew Giannini, PE
Senior Project Manager/Associate
Mead & Hunt 1 4401 Eastport Parkway, Port Orange, FL, 32127 1 386-761-6810 1 meadhunt.com
Jeff Ratliff
July 23, 2021
Page 2
CITY OF CAPE CANAVERAL
SCOPE OF SERVICES
FOR
CENTER STREET BASIN ANALYSIS
This Task Order is in conformance with the Agreement for Engineering, Surveying and Architectural
Services, dated July 25, 2018, between the City of Cape Canaveral (CITY) and Mead & Hunt, Inc. (MEAD
& HUNT) and is referred to herein as the Contract.
GENERAL
The project involves evaluation of Center Street basin with stormwater modeling, calibration, and
identification of issues. A conceptual plan of improvements will be developed to include alternatives,
planning level cost estimates, and anticipated permitting challenges. Concepts will include a pumping
alternative and possible road modifications to remove impervious areas. A final report will detail the
evaluation and our scope will include meeting with staff and CITY council.
SCOPE OF SERVICES
After receipt of authorization to proceed, MEAD & HUNT will provide the following services:
PHASE 1 — PROJECT MANAGEMENT
MEAD & HUNT'S Project Manager (PM) will initiate the project and manage the budget and schedule,
manage project staffing, review subconsultant invoices, manage project coordination, and schedule
quality management processes for work products. The PM will monitor progress throughout the project
and prepare monthly invoices for the CITY. It is assumed that these services will cover the estimated 4-
month project.
MEAD & HUNT will conduct project kick-off and other meetings with the project team and CITY staff to
review project goals, scope of work, project schedule, work product, CITY comments and administrative
issues. Following the meetings, MEAD & HUNT will prepare written summaries of the project meetings
and distribute to the attendees.
MEAD & HUNT will implement a quality assurance and control process, which includes the independent
technical review of the project technical work products before its submission to the CITY.
Deliverables: Meeting Agendas and Summaries, Monthly Invoices
PHASE 2 — DATA COLLECTION AND REVIEW
MEAD & HUNT will obtain relevant data regarding the existing conditions of the stormwater basin
including as -built maps and plans, permits, and anecdotal information from the CITY. MEAD & HUNT will
request electronic copies of pertinent data from the CITY and electronically scan data that may only be
Mead & Hunt 14401 Eastport Parkway, Port Orange, FL, 32127 1386-761-6810 I meadhunt.com
Jeff Ratliff
July 23, 2021
Page 3
available in hard copy format (returning hard copies and electronic files to CITY). MEAD & HUNT will
request GIS and other data files from other consultants that have provided services to the CITY for
various BMAP and SWMP efforts. MEAD & HUNT will also search the SJRWMD database for relevant
data. Upon collection of such data, MEAD & HUNT will review the information and then meet with the
CITY to review the information completeness and accuracy.
MEAD & HUNT will further review and analyze the collected and received information to determine
available areas/corridors for possible new, improved stormwater conveyance and devices to be utilized in
the proposed improvements. MEAD & HUNT will conduct a desktop review of readily available mapping
of the CITY limits and project sites and will also conduct cursory site reviews of the project sites to confirm
existing conditions. GIS data will be gathered from available sources to be utilized in the stormwater
modeling exercises. This information includes sub -basin sizes, soil types, impervious areas, etc.
PHASE 3 — MODELING OF EXISTING CONDITIONS
Using the data gathered, MEAD & HUNT will prepare an existing systems hydrologic and hydraulic model
of the Center Street basin that will include all pertinent data to be able to determine the capacity of the
existing system. Modeling will be performed using ICPR version 4.0. Results of the model will be
compared to anecdotal data. Adjustments of the model — pipe roughness, curve numbers, etc - will be
made to calibrate the model as needed to reflect anecdotal information to a reasonable extent using a
recent storm event for which enough data can be obtained for.
MEAD & HUNT will present the CITY with modeling result data once the model is calibrated to a
reasonable level. Output data shall include model runs of three (3) different storm events with one single
outfall condition which would be a seasonal high-water level in the Banana River.
Deliverables: Technical memorandum summarizing Existing Conditions modeling results, Modeling
results including input data, peak node data, peak conduit data
PHASE 4 — CONCEPTUAL DESIGN DEVELOPMENT AND MODELING
MEAD & HUNT will develop conceptual projects in the basin that will reduce the flooding conditions and
will involve CITY staff in such development. A maximum of five (5) conceptual projects will be discussed
and agreed upon with CITY staff for further development and analysis. Permanent pump stations will be
considered. MEAD & HUNT will model each conceptual project to determine the effectiveness of each
project. MEAD & HUNT will also model a condition with approximately 50% of local roadway impervious
removed to represent the potential of the CITY's local roadway conversion to single lane one-way streets.
Results of the project modeling results will be shared and discussed with CITY staff for review and
comment.
Mead & Hunt 14401 Eastport Parkway, Port Orange, FL, 32127 1386-761-6810 I meadhunt.com
Jeff Ratliff
July 23, 2021
Page 4
MEAD & HUNT will modify the conceptual project plans to reflect the CITY's comments and develop
conceptual level cost estimates of each project. Such cost estimates will be included in a technical
memorandum.
Deliverables: Technical memorandum summarizing Conceptual Designs and Proposed Conditions
modeling results, Modeling results including input data, peak node data, peak conduit data, Conceptual
Level Construction Cost Estimates of each concept design
PHASE 5— FINAL REPORT
MEAD & HUNT will prepare a draft Final Report to describe our efforts in evaluation of the existing
conditions, conceptual designs, proposed conditions modeling, construction costs and recommendations
for implementation. The concepts detailed will be viable options for a comparison. The report will include
the information presented in the technical memorandums and also a discussion on required project
permitting and any expected permitting challenges. A draft of the report will be submitted to the CITY for
review and comment. It is assumed the CITY will conduct their review in a two-week period and a meeting
will be held at the end of the CITY's review. Comments received will be incorporated into the final report .
Deliverables: Draft Final Report, Review Meeting Summary, Final Report
PHASE 6—CONTINGENCY
If additional services are identified as needed or required during the duration of the project, MEAD &
HUNT will request written approval from the CITY to utilize contingency funds for any additional work
items. Contingency funds will be billed at time and expense. Additional work will be billed per the agreed
upon contract hourly rates. MEAD & HUNT will not bill against the contingency funding without prior
authorization from the CITY.
EXCLUSIONS
This scope of services excludes all items not specifically described herein.
SCHEDULE
Mead & Hunt estimates the work included in this task order will be completed in accordance with the
following schedule:
Phase/Task Duration to Starting upon
Complete
Phase 1— Project Management 105 days Receipt of notice to proceed
Phase 2— Data Collection and Review 15 days Upon receipt of requested data
Mead &Hunt 14401 Eastport Parkway, Port Orange, FL, 32127 1386-761-6810 I meadhunt.com
Jeff Ratliff
July 23, 2021
Page 5
Phase 3— Modeling of Existing 30 days Data Collection and Review completion
Conditions
Phase 4— Conceptual Design 45 days Existing Conditions Modeling acceptance
Development and Modeling
Phase 5—Final Report 15 days CITY acceptance of Conceptual Designs
The above timeframes do not include CITY review time. MEAD & HUNT will strive to continue progress
on work product not affected by CITY review during CITY review periods.
COMPENSATION
The not-to-exceed cost for this Scope of Services, excluding.Contingency Funds, is $46,148 based on the
following breakdown:
Senior
Associate, Engineer CAD/GIS Admin
Phase Description Clerical
Project I Tech III Assistant Total
Manager
Hourly Rate $183 $124 $127 $92 $75
1 Project 12 0 0 12 4 $3,600
Management
2 Data Collection 4 20 16 0 2 $5,394
and Review
Modeling of
3 Existing 12 50 40 0 4 $13,776
Conditions
Conceptual
4 Design 16 60 50 0 6 $17,168
Development
and Modeling
5 Final Report 6 20 16 0 8 $ 6,210
Totals 50 150 122 12 24 $46,148
6 I Contingency $4,615
The Contingency Funds will only be expended upon written approval from the CITY. Any out-of-scope
work performed requiring the release of Contingency Funds will be considered at-risk and may not be
compensated until, or if, written approval is granted by the CITY.
AUTHORIZATION:
The scope of services and compensation stated in this proposal are valid for a period of thirty (30) days
from date of submission. If authorization to proceed is not received during this period, this proposal may
be withdrawn or modified by MEAD & HUNT.
Mead & Hunt 14401 Eastport Parkway, Port Orange, FL, 32127 1386-761-6810 I meadhunt.com
Jeff Ratliff
July 23, 2021
Page 6
Accepted by: CITY OF CAPE CANAVERAL Approved by: MEAD & HUNT, INC.
By: By:
Name: Name: David A. King, PE
Title: Title: Vice President/Business Unit Leader
The above person is authorized to sign for Client
and bind the Client to the terms hereof.
Date: Date July 23, 2021
PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN
INDIVIDUAL EMPLOYEE OR AGENT OF MEAD & HUNT INC. MAY NOT
BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
IF THE CONTRACTOR (MEAD & HUNT, INC.) HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (MEAD & HUNT, INC.'s) DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT (PROPOSAL), CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT CITY HALL, CITY OF FLAGLER BEACH, P.O. BOX 70,
FLAGLER BEACH, FL 32136-0070, City Clerk, Penny Overstreet, (386) 517-2000, Ext. 233,
POverstreetACityofFlaglerBeach.com.
Mead & Hunt 14401 Eastport Parkway, Port Orange, FL, 32127 1386-761-6810 I meadhunt.com
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • ITEM # 6
Subject: Ordinance No. 29-2021; amending Section 46 — Library of the City Code, related to the
Library Board; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, second reading.
Department: Cultural + Community Affairs
Summary: Created 55 years ago by a majority vote of Cape Canaveral residents, the Cape Canaveral
Public Library has benefited the community in many ways. Through excellent stewardship, the
library has maintained purposeful civic relevance and the ties between the library and the
community it serves has only grown stronger over those years. However, both the City and the
library have seen many organizational and administrative changes through those years. This, along
with the City's ever-present desire to improve operational efficiencies, prompted Staff to reexamine
the efficacy of the administrative processes that guide the City's relationship with the Brevard
County Public Library System. In the course of this review, Staff identified numerous inefficiencies
with room for improvement.
The timeline below presents a historical overview of the Cape Canaveral Library Board:
1) The City of Cape Canaveral established a free public Library 1966. The original facility was
located at 110 Polk Avenue. At that time, Chapter 167 Florida Statutes required citizen -
based Library Boards to serve Public Libraries. The approval of City Ordinance No. 11-66
then created the City of Cape Canaveral Library Board.
2) In 1988, the City constructed a new Cape Canaveral Library facility at 201 Polk Avenue. At
this time, the City of Cape Canaveral relinquished operation of the Cape Canaveral Public
Library to Brevard County. The Brevard County Library Board now served the facility. As a
result, the City of Cape Canaveral Library Board established by Ordinance No. 11-66 became
functionally obsolete. However, under the Agreement with Brevard County (Agreement)
(Attachment 1), the City was required to establish and maintain a body of local residents to
serve as an Advisory Board. The purpose of the Cape Canaveral Advisory Board was to
represent the interests of its citizens and provide development/improvement ideas and
recommendations regarding local library services, for consideration by Library Staff and the
Brevard County Public Library Board at publically noticed meetings. Any Ad -Hoc Advisory
Board is subject to Florida Sunshine Law compliance.
3) The Cape Canaveral Public Library is the only facility in the BPLS that operates under a
partnership agreement with a municipality.
4) In 2012, the statute requiring a local Library Board was repealed (F.S. 166.042) by the State
Legislature, citing the "intent to recognize residual constitutional home rule powers in
municipal government." This resulted in no statutory requirement for a local Library Board.
Notwithstanding, Brevard County maintained a functional Library Board and the City of
Cape Canaveral continued to maintain the local advisory Board as required by the County
Agreement.
Operational inefficiencies:
1) The last five years of Library Board meeting records (Attachment 2) indicate, that in the
course of the 15 meetings the only formal actions (motions) made by the Board were:
A. the approval of prior meeting minutes (14 occurrences),
City of Cape Canaveral
City Council Meeting • August 17, 2021
Agenda Item # 6
Page 2 of 3
B. the appointment of board officers (five occurrences),
C. the removal of an obsolete officer position (one occurrence, the Secretary position
was removed in 2020), and;
D. the recommendation for City Council to appoint new members (two occurrences).
2) The Cape Canaveral Public Library, not unlike others in the Brevard County Public Library
System, relies heavily on the support of its 501(c) (3) non-profit "Friends of the Library" FOL
organization, whose volunteers are an integral part of the library's daily operations.
Understandably, for a community this size, the pool of available and interested volunteers
is limited.
3) Not surprisingly, it is from that same limited pool of volunteers that the City finds residents
willing to serve on the City's County -required Advisory Board. A discussion at the Board's
last meeting made Staff aware that all of the current Advisory Board Members (Attachment
3) are active volunteers at the library and all of them have indicated they are members of
the FOL organization. As a private non-profit organization, FOL is not subject to the same
transparency requirements as a public entity, i.e. no requirement to hold publically
advertised meetings.
4) Because these volunteers interact with one another at the library on a daily basis, provide
regular input on library services and are frequently engaged in fundraising actives to
support the facility, it has become challenging to utilize said volunteers as City Library
Advisory Board members because of Florida Sunshine Law implications. Essentially, those
wishing to volunteer as part of the Friends of the Library should not serve on the Library
Advisory Board and vice versa, as it limits the allowable capacity of their service to either
entity.
The Brevard County Library Services Director previously advised City staff of the County's desire to
maintain the local library board required under the Agreement. As Staff from the City and the
Brevard Public Library System collectively recognize the overwhelming value in retaining an
Advisory Board, both entities propose that the City Council assume the duties of the Library
Advisory Board citing the following rationale:
1) Within its current scope of responsibility, City Council already receives annual reports and
responds to funding requests from other contracted community partners during the annual
Budget Workshops and the Budget Hearings that follow, i.e. Canaveral Fire Rescue (CFR)
and Brevard County Sheriff's Office (BCSO).
2) It will reduce City and County operational costs associated with orchestrating independent
quarterly meetings by condensing that effort into a single report by the Library Director
during one of the City's Budget Workshop meetings. This will streamline the City's
administrative relationship with the Library, similar to how the Council works with CFR and
BCSO.
3) Brevard County has agreed to the concept that the Cape Canaveral City Council could
assume the duties and responsibilities of the contractually required Advisory Board entity.
As such, this course of action will:
A) maintain compliance with the current terms and conditions of the County
Agreement,
B) ensure citizens have a voice at publically noticed meetings, and;
C) not violate Florida Sunshine Law.
City of Cape Canaveral
City Council Meeting • August 17, 2021
Agenda Item # 6
Page 3 of 3
4) It will expand volunteer opportunities for residents and
Library by eliminating the Sunshine Law implications, ensuring
serve freely in the fullest capacity they are able.
Both the Library's Director and the president of the FOL are in support of this initiative (Attachments
4 and 5).
The City Attorney has verified that the City Council need not convene a Special Meeting as the
Advisory Board. When hearing Public Comment presented to the the City Council will be acting as the Advisory Board, concurrent
with the roles as Council Members during any Regular City Council meeting.
At its July 20, 2021 Regular Meeting, the Council approved Ordinance No. 29-2021 (Attachment 6)
at first reading. The Notice of Hearing was placed for advertisement in Fflorida Today on August 5,
2021 and the Ordinance is now presented for second reading and final adoption.
Submitting Department Director: Molly A. Thomas Date: 8/4/21
Attachments:
1) Library Agreements
2) Historical data relating to Library Board meetings and membership interest to 2016
3) Current Library Board Roster
4) Letter of Support from Cape Canaveral Public Library Leadership
5) Letter of Support from Friends of the Library
6) Ordinance No. 29-2021
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: 8/3/21
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 29-2021 at second reading.
Approved by City Manager: Todd Morley Date: 8/3/21
MICROFILMED JUNE 89
Attachment 1
RESOLUTION NO. 88-4
A RESOLUTION AUTHORIZING THE MAYOR
AND THE CITY CLERK TO ENTER INTO AN
AGREEMENT WITH THE BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY,
FLORIDA, TO PROVIDE LIBRARY SERVICES
TO THE CITY OF CAPE CANAVERAL; PROVID-
ING AN EFFECTIVE DATE.
BE IT RESOLVED, BY THE City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. The Mayor and City Clerk are hereby authorized
to execute an agreement with the Board of County Commissioners of
Brevard County, Florida, for providing library services to the
City of Cape Canaveral, Florida; a copy of said agreement is
attached hereto and made a part hereof by reference.
SECTION 2. This Resolution shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 2nd day of February ,1988.
Mayor
ATTEST:
Cty Clerk
Approved as to Form:
NAME YES NO
HOOG X
KIDD X
LEE X
MILLER X
RANDELS X
MICROFILMED JUNE 89
LEASE AGREEMENT
THIS AGREEMENT, entered into this 1st day of March
1988, by and between the BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA, hereinafter referred to as "Board", and
the CITY OF CAPE CANAVERAL, hereinafter referred to as "City".
W ITNESSET H:
WHEREAS, the Board intends to establish a Countywide free
public library system; and
WHEREAS, the City owns the facility within which the Cape
Canaveral Public Library is located; and
WHEREAS, the residents of the City and the County will
benefit from the operations of such a library; and
WHEREAS, the City wishes to relinquish its obligations to
operate such a library, and
WHEREAS, the Board wishes to undertake the operation of such
a library, and
WHEREAS, the parties wish to define their responsibilities
relating to the library.
NOW, THEREFORE, for and in consideration of the mutual
promises of the parties and the covenants and conditions herein
contained, it is mutually agreed between the parties as follows:
1. The City leases to the Board for $1.00 per year that
building located at 7400 Poinsetta Avenue, Cape Canaveral,
Florida 32920, on the parcel of City property described below:
Section 23, Township 24 South, Range 37E,
Avon -by -the -Sea, Block 47, Lots 1-2-3,
9-10-11
2. It is the intent of the parties that the Board shall
have the primary control in accordance with this Agreement over
all buildings, structures, facilities, library media and
materials, furniture, equipment and other tangible property
utilized for the operation and maintenance of the library.
Policy for use of Meeting/Conference Rooms for said library shall
be by mutual agreement between the Brevard County Library System
and the City.
-1-
MICROFILMED JUNE 89
A list of all materials (including books and media),
furniture, equipment and other tangible property given to the
Board is appended hereto as Exhibit "A". The Board shall have
control of these items for such time as this Agreement is in
effect. If the Board determines such material shall be disposed
of or not be utilized for this library's purposes, the Board
shall return such items to the City.
3. It is hereby mutually agreed and understood that the
Board shall have primary control over the operation and
maintenance of the library including, but not limited to, the
collection and disbursement of income attributable thereto,
except for funds raised or earned by the City of Cape Canaveral,
the City of Cape Canaveral Library Board and the Friends of the
Library. These funds shall remain under the control of those
organizations. The City Finance Director shall establish
accounting procedures for control of these funds and accounts
shall be audited each year by the City Auditor. Fines and fees
collected by the library shall be held in a seperate account and
such funds shall be utilized solely for the library.
4. The Board hereby agrees to provide all payment for
electricity, light, heat, power, water, telephone and other
utility services required for the operation and maintenance of
the library.
5. Pursuant to its right to control the facility, the Board
reserves the right to make renovations and additions and
deletions to the said buildings, structures, facilities and
equipment, including, but not limited to, the roof, plumbing,
heating and cooling systems, and all other utility systems and in
all respects to deal with the facility in its sole discretion.
Any work which would enlarge or expand the Library building or
alter the exterior or interior walls would require prior City
approval.
6. The Board shall not be obligated to replace the library
structure or any library media, materials, or furniture in the
event of fire, theft or accidents which destroy library property.
-2-
MICROFILMED JUNE 89
However, the Board shall be responsible for any damage, personal
injury or death resulting from the negligence of any of its
employees for any casualty, theft or accident which destroys
library property or causes death or personal injury not covered
by the insurance of the City. Further, the Board agrees to
indemnify and hold the City, their sureties, insurors,
successors, assigns and legal representatives harmless from any
liability, claim, cause of action, demand or damages for such
casualty, theft, accident, death or personal injury of any kind
or nature to any third party or such third party's property as a
result of the acts, whether intentional or negligent, or
omissions of any of the Board's employees, independent
contractors or agents. Any promises to indemnify, however, are
limited on the basis that the Board is self -insured as permitted
under Florida Statutues and rely on Florida Statute 768.28 which
limits the County's liability to $100,000 per person, $200,000
per occurrence.
7. The City agrees to provide a local Library Board to
represent the interests of the public, to provide for development
and improvement of local library services, and to serve as an
information resource in planning local library service programs
for discussion and review by the Brevard County Public Library
Board. This local board shall be implemented to facilitate the
transmission of information from the local community pertaining
to the needs of the Cape Canaveral Library to the Brevard County
Library Board and the Library Services Manager.
8. The City shall be responsible for maintenance of the
parking areas, walkways and grounds adjacent to and surrounding
the library at its own expense and for providing public liability
insurance consistent with the limits of coverage applied to all
other City owned property. Proof of liability insurance shall be
provided at the time of the signing of the agreement, and a copy
delivered to the Contracts Manager within ten (10) days of the
signing. The Board shall be responsible for the maintenance of
-3-
MICROFILMED JUNE 89
the structures including the interior and exterior of the
structures. The City shall be responsible for maintenance of
outside lighting, sprinkler system, underground water and
wastewater lines, landscaping and approaches to the Library
building.
9. This Agreement shall be for so long as the facility is
maintained as a Public Library open to the public by the Board,
except that either party may terminate this Agreement, without
cause, upon one hundred eighty (180) days written notice to the
other party. If this Agreement is breached, the non -breaching
party may terminate the Agreement upon providing twenty-four (24)
hours written notice to the breaching party. However, said
termination shall not affect the rights of the non -breaching
party to pursue any remedies at law or equity that it may have.
10. This Agreement is not assignable.
11. No change, modification or waiver of any of the
provisions or conditions of this Agreement shall be valid unless
in writing, signed by a duly authorized representative for each
party. Waiver or breach of this Agreement or failure to follow
any provision of the Agreement shall not be deemed a waiver of
any other or subsequent breach, and shall not be considered to be
a modification of the terms of this Agreement.
12. This Agreement shall be governed by the Laws of Florida.
In the event any portion of the contract is declared invalid, the
remainder of the Agreement shall remain in force.
13. This Agreement represents the entire Agreement between
the parties.
14. Notice under this Agreement may be given to the County
by sending written notice to the Office of the County
Administrator, 2235 North Courtenay Parkway, Merritt Island, FL
32953, and notice shall be given to the City by sending written
notice to the City Manager, City of Cape Canaveral, P.O. Box 326,
Cape Canaveral, FL 32920.
-4-
MICROFILMED JUNE 89
IN WITNESS WHEREOF, said parties have herein set their hands
and seals the day and year first above written.
ATTEST:
City Clerk (Deputy)
ATTEST:
R. C. Winstead, Jr.,
STATE OF FLORIDA
COUNTY OF BREVARD
This to to certify that the foregoing is a
true & correct copy of Lease
agreement witness my hand
and officical seal this 18th day of
March 1988
R.C. WINSTEAD, JR.
Clerk Circuit Court
By D.C.
CITY OF CAPE CANAVERAL
Mayor
BOARD OF COUNTY COMMISSIONERS
OF BREVARD/COUNTY, FLORIDA
By:
Chairman Sue Schmitt
-5-
MICROFILMED JUNE 89
BREVARD COUNTY LIBRARY SYSTEM
POLICY FOR USE OF MEETING/CONFERENCE ROOMS
CAPE CANAVERAL PUBLIC LIBRARY
1. Library programs have priority over all other activ-
ities, except for special City Council meetings as determined by
the City of Cape Canaveral. Programs "co -sponsored" by the
library are next in priority. "Co -sponsored" means that the
library staff or "Friends" participates in planning and presenting
programs of an educational and cultural nature.
2. Meeting rooms are available for use by organizations
which assume responsibility for the conduct of the programs and
the care of the facilities. The room may not be used for profit -
making purposes. Direct sales shall not be allowed on library
premises.
3. All meetings must be open to the public within safety
limitations. The library reserves the right to deny use of the
meeting rooms. Meeting rooms are not available for partisan
political activities, religious groups, or groups which have unlaw-
fully discriminatory membership requirements.
4. No admission charge or request for donations shall be
for any functions other than those under library sponsorship. In
the case of any educational classes, instructor and material costs
may be recovered.
5. Accidents must be reported immediately to a member of
the staff.
6. Meetings held during library hours must be over 15
minutes prior to closing time. In libraries where the meeting
space can be closed off from the rest of the building, where it
can be exited directly and equipment secured, meetings may run
beyond closing time when detailed arrangements have been made and
approved by the Library Director in advance of the meeting.
7. Light refreshments, such as cookies and cakes, may be
served, but no cooking is allowed other than for hot beverages.
The room must be left in the same condition and arrangement as
prior to the use of the room.
8. SMOKING IS NOT PERMITTED.
9. No furniture or equipment may be brought into or removed
from these rooms without prior written permission. The library is
not responsible for equipment, supplies, exhibits, or other
materials owned by a group and used in the library. The library
does not provide storage space.
10. Organizations that consistently have less than 15
persons in attendance may be asked to relocate to another
conference room. The meeting room may be reserved for groups of
more than 15.
11. If the library meeting room is designated as a voting
precinct, when an election is scheduled, it will pre-empt all
scheduled meetings. Groups meeting on an election day will be
informed of this in advance whenever possible.
12. The library retains the right to cancel a reservation
for the meeting room with notice and for cause. If a program is
cancelled, the library will make every effort to notify the group
who had reserved the room. Groups holding reservations are
requested to notify the Library Director of any cancellation.
13. Use of the meeting/conference rooms is a privilege. Any
violation of these rules as determined by the Library Director
will result in cancellation of the group's future meeting privi-
MICROFILMED JUNE 89
lege as well as a financial assessment for damages incurred. The
financial assessment for damages will be set by the Library
Director. If the organization wishes to appeal the decision, they
must contact the Library Services Manager.
14. Any application for use of the meeting room must be
completed and submitted prior to use of the library facility.
15. Use of library meeting rooms does not imply library
endorsement of the aims, policies, or activities of any group.
Approved this
1st day of
March
, 1988.
BREVARD COUNTY LIBRARY CITY OF CAPE CANAVERAL
SYSTEM
Mayor
ATTEST:
City Clerk
EXHIBIT "A" (INELIGIBLE)
cn
co
A
Lai L (IN,, ,2:1 i'2:11V ' 2: A'_'._, . N rIAN:LK FILL BY DEPAR-MENT
ZD
. , - . : i___,_:.L. 1H I; MANUFACIO...._ ,I, L .N,l'i_1=N _,IAL NUMBER TV'- CL LOS1 170,P.H. R DA1,_ AD
____
- - _ - -- - -
1_ 3,3.,G._ . ...0 6 F ..0.0c
LU ,, ._. 1 1, IL IL CRAM L21..q.' 1219RRA 6 F .:_'....9'.. -
HLFRI,,EF'AIOR COLDSPO1 ,144 (3,3 ..:'.027674 6 F 121.2:, -,70 1,2/11/6.:
....j , .... 2 1: E.2,04S 6 F 33,069.94 1/ lb-.
....- 0 '4.1 1 12: TILMS ::.. RU.H.WS AUD10-4ISUAL 6 F 927.40 9/ 1/7::
MICROFILM 6 F 754.40 ,/ 1/7 '
CD :',.I 1 12 1 ....1.:T nr Liwirs ANNt,L; 01- AMERICA 6 I- 175.06 1/15// .
CC 1-4, . I_ F1_41-11 E1A(4: 6 F 1.2222.00
0 O2:4( 1 1: EXEcUfIVE DC/; ALMA DESF CO. 176!Flini 3 H 15.....r5 ...:.:,-
-- 1 LL(AL FILE -I (I COLE 4. D-AWLH ',,,1 El H ''.1.4,. ..r.,_, 11/1...6,
'ZE 32:50 1 1_ L.E,..;AL FILL ANDEERSoN-IIicF*2y _ DRAWER 16-1114 8 H 7..9.914 1849 4/..._/,':
....r.... 1 1,2 . DRAWL' CA 1.1 F1LE c- ,14 0 H 6./6 4. 1
DI4A/JEF LAID FILL . 1.114 8 H E.76 4-1
11,o1WEH rAID ; 1LE ,-1014 0 II ::.7, A41
0.51 . 14 --DRAWTR CARD FILE 6131.,14 8 H 6.7,, 4,1
0._'-.T. 1 12: CARD FILL COLE , DRAWER 8 H 10.13 5L.46 1/14/71
04i, 1 12: CARD FILE COLL 2 DRAW,-..R 8 H 10.16 5:46 1/14/71
02/../ 1 14 CARD 1-1,..E COLE 2-DRAWER 8 H 10.13 58.4 1/14/71
0-58 1 12 CARD FILE COLE L DRAWER 3 H 10.13 5846 1/14/ 1
1 12 CARD FIEF STEELMASTER , DRAWER 8 H 10.00 7/ 1/74
' 0... N 1 111 CARD FILE STEELMAS1ER _-DRAWER 8 H 10.00 7/ 1'71
02,1 . 1 1.1 CARD FILE STEELMAGTEN 3352: 2-DRAWER 8 H 11/10/6,
1 11 2:-DRAWER CARD FILE STEELMASTER , :5,.! 3 H 7....-5 2956 11/10/6.
02,2:. 1 14 2-DRAWER (AEA/ FILL STEELMASILR 33'.-2 8 H (.6".. -295/.. 11/10/69
0264 1 1.2 2-DRAWER CARD FILE STEELMASTER 3352 8 H 7.65 3956 11/10/6'1
9.1,225 i 14 4-DRAWER CARD FILE STELLMAEHLR 3352 8 H 7.65 3956 11/10/6:'
0268 1 la l'REWRIICR STAND TIFFANY S.AMD 3 H 36.46 2.362 9/ 6/631
0.762/, 1 12 ROUND WALNUI TABLE ST4312 8 H 68.45 2136::: 9/ 8/68
0:/0 1 12 ORANGE LOUNGE CHAIR 8 H 4.3.34 2362:' 9/ 6/613
0.71 1 12 ORANGE LOUNGE CHAIR 8 H 43.34 2:362 9/ 6/68
02:7- 1 IL ORANGE LOUNGE CHAIR 8 H 48.34 4362 9/ 6/601
0-72 I 12 ORANGE LOUNGE CHAIR 3 H 43.34 2362 9/ 6/60
o2:2:4 I 12 ORANGE LOUNGE CHAIR 8 H 41.34 2362 9/ 6/612:
o23'. 1 IL BOOK TRUCK ENCY.BRITT. RIF.0 TR W/ROLLERS 8 H 217.5.0 4997 7/ 1/70
027, 1 12 BOOK TRUCE ENCY.DRITT. REE.CTR. W/ROLLERS 8 H 23.50 439f (/ I/7H
0.:77 1 12 BOOK TRUCT W/0 WHEELS e H 25.00 (/ 1/74
u11:3 1 12 2-MAPLE CARD CATALOGS GAYLORD 800 3 H 619.50 1406 10/L7/6(
0280 1 12 BOOKCASE ? 4 GHLLVES 8 H 40.00 7/ 1/74
0287 1 12 SECRETARIAL CHAIR EIECUTIVE CHAIR 3 H 57.75 237362 V 6/6:1
02:'',2 1 1: FOLDING TABLE FTSMITH 8 H 41.67 660 4/17/67
0293 1 12 FOLDING TABLE F1' SMITH 8 H 83.97 2480 10/11/61-1
02:95 1 12 SMALL PAFERELIAC:K RACK 8 H 25.00 7/ 1/74
0296 1 12 SMALL PAPERBACK RACK SILVER 8 H 25.00 7/ 1/74
0309 1 12 11-STRAIGHT CHAIRS 0319 WOODEN 26150N 8 H 66.00 2470 10/11/68
03:0 1 12 FOLDING TABLE FT.SMITH 8 H 33. 7 2430 10/11/6:3
0371 1 12/ BOOKSHELF 8 H 20.0," 7/ 1/74
032:2 I 12 FOLDING TABLE FT. SMITH 8 H 33.97 2566 11/12/60
0324 1 12 JUVENILE CHAIR 8 H 8.63 3342 9/ 6/68
032:5 1 1/. JUVENILE CHAIR 8 H 8.63 :2110L 9/ 6/6::
02:2c. 1 12 JUVENILE CHAIRS-4 0329 119-10 8 H 2.5.8 2566 11/12/60
0330 1 12 WALNUT PODIUM 8 H 00.00 7/ 1/74
032, I 12: BOOTSHELT 3'DLL. 8 H 20.0(1 I/ 1/14
340 1 12 CA71) CA1ATE.. GAYLORD 800 MAPLE 30-DRAWER 8 H 563.25 3/31/71
Page lot 2
MICROFILMED JUNE 89
EXHIBIT "A"
(INELIGIBLE) .7. L.
L LL
< L ••• [;
>
f.) L
fr
c.
C
L->
II II
z -
C7..
C
21
2 3 3 - >
r-r-
>
ii
D=,
=
r
21
I. 7.
It
1-7
.! 4
0 1
_r.
I, .2
tl ,
I I n
,=.
(1)
t•J
•
0
ti
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT entered into this 15 day of September , 1998, by
and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a
political subdivision of the State of Florida, hereinafter referred to as "Board" and the CITY OF CAPE
CANAVERAL, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the parties have previously entered into an Agreement dated March 1, 1988, a
copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the City owns the original 9000 square foot facility within which the Cape
Canaveral Public Library is located; and
WHEREAS, the Board has constructed in conjunction with the City, a 6000 square foot
addition to the existing structure, for a total of 15000 square feet, hereinafter referred to as the
"Library Building" which is owned in its entirety by the City, and
WHEREAS, the parties hereto desire to set forth and define their respective duties and
responsibilities relating to the Library Building.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein
contained, the parties hereby agree as follows:
SECTION 1. That Paragraph 1 of the Agreement is amended to read:
The City leases to the Board for $1.00 per year the Library Building located at 201 Polk Avenue,
Cape Canaveral, Florida 32920.
SECTION 2. That Paragraph 2 of the Agreement is amended to delete the following
language:
A list of all materials (including books and media), fumiture, equipment and other tangible property
given to the Board is appended hereto as Exhibit "A."
And to read:
The Board shall have control over all County -owned property for such time as this Agreement is in
effect.
SECTION 3. That Paragraph 3 of the Agreement is amended to read:
It is hereby mutually agreed and understood that the Board shall have primary control over the
operation and maintenance of the Library Building including, but not limited to, the collection and
disbursement of income attributable thereto, except for funds raised or eamed by the City of Cape
Canaveral and the Friends of the Library. These funds shall remain under the control of those
organizations. The City Finance Director shall establish accounting procedures for control of these
funds and accounts shall be audited each year by the City Auditor. Fines and fees collected by the
library shall be held in a separate account and such funds shall be utilized solely for such purposes
as requested by the Library Director, and as approved by the Board or its designee.
C:\FROM G DRIVE \ADMIN\COUNCIL \MEETING 1998\ 6-16-98\CCAMEND.DOC - KB4b 5b98 1
SECTION 4. That Paragraph 6 of the Agreement is amended to read:
The Board shall not be obligated to replace the library structure or any library media, materials, or
furniture in the event of fire, theft or accidents which destroy library property. It being understood
that the City shall maintain, at its sole expense, hazard, liability and extended insurance on the
structure and its contents. However, the Board shall be responsible for any damage, personal injury
or death resulting from the negligence of any of its employees for any casualty, theft or accident
which destroys library property (structure and contents) or causes death or personal injury.
SECTION 5. That Paragraph 7 of the Agreement is amended to read:
The City agrees to provide a local Library Board to represent the interests of the public, to provide
for development and improvement of local library services, and to serve as an information resource
in planning local library service programs for discussion and review by the Brevard County Public
Library Board. This local board shall be implemented to facilitate the transmission ot information
from the local community pertaining to the needs of the Cape Canaveral Library to the Brevard
County Library Board and the Library Services Director.
SECTION 6. That Paragraph 14 of the Agreement is amended to read:
Notice under this Agreement may be given to the County be sending written notice to the Office of
the County Manager, 2725 Judge Fran Jamieson Way, Viera, FL 32940.
SECTION 7. That all other terms and conditions of the Agreement dated March 1, 1988,
which is incorporated herein by this reference, not inconsistent with the provisions of the Amendment
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first
above written.
ATTEST:
Sandy Crawford, Clerk
STATE OF FLORIDA
COUNTY OF BREVARD
is to certify that the foregoing is a
true and correct copy of Amendment
to agreement, Witness my hand
and official seal this 17 day of
September 1998
SANDY CRAWFORD
Clerk Circuit Court
STATE OF FLORIDA )
BY COUNTY OF BREVARD )
BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA
BY:
Helen Voltz, Chairman
As approved by the Board 9-15-98
CITY OF CAPE CANAVERAL
BY:
Mayor
Dated: 29 June 1998
The foregoing instrument was acknowledged before me this 29th day of June
1998, by Rocky Randels of the CITY OF CAPE CANAVERAL,
who is personally known to me or who has produced as identification.
C:\FROM G DRIVE\ADMIN\COUNCIL\MEETING\1998\06-16-98\CCAMEND.DOC - KB\rb 5-6-98
2
(S E A L)
NOTARY PUBLIC
STATE OF FLORIDA
SANDRA H. SIMS
MY COMMISSION # CC 483565
EXPIRES: July 24, 1999
Bonded Thru Notify Pubic Underwriters
Notary Name (typed, printed or stamped)
My Commission No.
My Commission Expires:
C:\FROM G DRIVE\ ADMIN \COUNCIL\ MEETING\1998\ 06-16-98\CCAMEND.DOC KB\rb 5-6-98
3
SECOND AMENDMENT
LIBRARY LEASE AGREEMENT
THIS SECOND AMENDMENT TO THE LEASE AGREEMENT entered
into this 18th day of August 2009, by and between the BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State
of Florida, hereinafter referred to as the "Board" and the CITY OF CAPE CANAVERAL,
hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the parties previously entered into an Agreement dated March 1, 1988, as
amended on September 15, 1998; and
WHEREAS, the City owns the building and land of used for Cape Canaveral Library;
and
WHEREAS, the Board operates Cape Canaveral Library as part of the Countywide
Library System; and
WHEREAS, the Parties desire to amend the Agreement regarding additional use of the
Cape Canaveral Library, specifically the Meeting Room, by the City and define their respective
duties and responsibilities.
NOW THEREFORE, in consideration of the promises and mutual covenants herein
contained, the Parties hereby agree as follows:
SECTION 1. Paragraph 2. of the Agreement (March 1, 1988), as amended by the
Amendment (September 15, 1998) is hereby re -numbered to Paragraph to be Paragraph 2.a..
SECTION 2. Paragraph 2.b., a new subparagraph, is added as follows:
The City shall be entitled to use the 2,000 square foot multi -purpose public Meeting
Room located within the Cape Canaveral Library, on a temporary basis, as a meeting room for
the City Council and various City Boards subject to coordination of scheduling of dates and
times with the Cape Canaveral Library Director. The City, given its increased use of the multi-
1
purpose room and the nature of the use (city council meetings, etc.), wishes to make
improvements to the Meeting Room that the City will fund at its expense.
The City, at its expense, shall refurbish said Meeting Room, provide for new audio and
visual equipment and provide flexible furnishings, as prescribed in Exhibit "A" attached hereto.
The City shall be responsible for the repair and maintenance of the meeting Room audio
and visual equipment and the flexible furnishings.
The Cape Canaveral Library Director is authorized to use said flexible furnishings and
the new audio and visual equipment for Library use, public events and meetings.
The City shall be responsible for moving the flexible furniture when requested by the
Cape Canaveral Library Director.
The City shall, at its expense, upgrade the security alarm system to separate the Library
area from the Meeting Room, Lobby and Restroom areas.
The City shall be responsible for the cost, fines, etc. associated with any false alarms
which may occur or associated with an improperly set alarm.
The City shall be responsible for securing the Meeting Room, Lobby, and Restroom
Areas during hours which the Library is not operating or closed to the public.
The Parties agree that the City is not required under the terms of this amendment to
reimburse the County for any maintenance costs at this time. The parties will review
maintenance costs incurred by the respective parties, other than those expended for the
improvements made to the Meeting Room, on an annual basis beginning June 1, 2010 to
determine whether this paragraph should be adjusted.
SECTION 3. All other terms and conditions of the Agreement dated March 1, 1988 as
amended by the Amendment dated September 15, 1998, not inconsistent with the provisions
herein shall remain in full force and effect.
2
IN WITNESS WHEREOF, the Parties hereto have set their signatures and seals
effective on the date first written above.
CITY OF CAPE CANAVERAL, BOARD OF COUNTY COMMISSIONERS
FLORIDA
Rocky Randels, Mayor
OF BREVARD COUNTY, FLORIDA
BY:
Chuck Nelson, Chairperson
As approved by the Board on:
08/18/2009
ATTESTED:
Mia Goforth, Acting Deputy City Clerk Date
ATTEST:
Scott Ellis, Clerk to the Board
MONITOR
MONITOR
AGENDA/
INFO. TABLE
8 MOVEABLE DAIS STATIONS
STAFF
TABLE
PODIUM
ENTRY FROM
LOBBY
STAFF
TABLE
RESTROOMS
EXISTING
STORAGE
ROOM
CONCEPT A - MEETING ROOM 1727 S.F.
- FLEXIBLE FURNITURE FOR DAIS
- FLEXIBLE FURNITURE FOR (2) STAFF
TABLES
- FLEXIBLE SEATING FOR 72 CITIZENS
- UPGRADE TECHNOLOGY,
INCORPORATING FLAT -SCREEN
MONITORS
- NO ADDITIONAL STORAGE
MEETING ROOM CONCEPT A
SCALE: 3/8'-1'-0"
CAPE
CANAVERAL
FACILITIES
(INELIGIBLE)
THIRD AMENDMENT
LIBRARY LEASE AGREEMENT
THIS THIRD AMENDMENT TO THE LEASE AGREEMENT entered into this
19 day of Sept . 2017, by and between the BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter
referred to as the "Board" and the CITY OF CAPE CANAVERAL, hereinafter referred to as the
"City."
WITNESSETH:
WHEREAS, the parties previously entered into an Agreement dated March 1, 1988, as
amended on September 15, 1998 and again amended on August 18, 2009; and
WHEREAS, the City owns the building and land used for Cape Canaveral Library; and
WHEREAS, the Board operates Cape Canaveral Library as part of the Countywide
Library System; and
WHEREAS, the Parties desire to amend the Agreement regarding the use of the Cape
Canaveral Library, specifically the Meeting Room, by the City; and
WHEREAS, the City has used the Meeting Room for a number of years for purposes of
holding City Council meetings and other public meetings; and
WHEREAS, the City, as authorized by the Second Amendment to this Library Lease
Agreement, made improvements to the Library Meeting Room at its expense, including
refurbishing the Meeting Room, providing for new audio and visual equipment and providing
flexible furnishings to accommodate public meetings; and
WHEREAS, the City has completed a new City Hall construction project and no longer
will have a regular need to use the Library Meeting room for City Council and public meeting
purposes, though occasional use will still occur; and
WHEREAS, the City desires to allow the Cape Canaveral Library to continue to use the
audio visual equipment and flexible furnishings for library purposes, provided that the Library
maintains such equipment and furnishings; and
NOW THEREFORE, in consideration of the promises and mutual covenants herein
contained, the Parties hereby agree as follows:
SECTION 1. Paragraph 2.b. of the Agreement, a subparagraph added by the Second
Amendment of the Library Lease Agreement, is deleted in its entirety and replaced with the
following:
The City shall be entitled to use the 2,000 square -foot multi -purpose public Meeting
Room located within the Cape Canaveral Library, on an as -needed basis for various public
meetings, subject to coordination of scheduling of dates and times with the Cape Canaveral
Library Director. The City, having previously used the Meeting Room for City Council and
various City Board meetings, made improvements to the Meeting Room at its expense,
including provision of new audio and visual equipment and flexible furnishings as described in
Meeting Room Concept A, attached to the Second Amendment to the Library Lease Agreement.
The City desires to allow the Cape Canaveral Library to continue to use the
improvements, namely the audio and visual equipment, with the exception of a Dell 1LKR551
laptop, and flexible furnishings, for library uses, public events and meetings. The Cape
Canaveral Library shall be responsible for the repair and maintenance of the improvements.
When such improvements are no longer needed for library purposes, the Cape Canaveral Library
shall return such improvements to the City for its use or disposition and sale.
SECTION 2. All other terms and conditions of the Agreement dated March 1, 1988 as
amended by the Amendment dated September 15, 1998 and the Second Amendment dated
August 18, 2009, not inconsistent with the provisions herein shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have set their signatures and seals
effective on the date first written above.
CITY OF CAPE CANAVERAL,
FLORIDA
BY:
Bob Hoog, Mayor
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
BY:
Chairperson- CURT SMITH
As approved by City Council 10/17/17
ATTESTED: As approved by the Board on: September 19, 2017
Mia Goforth, City Clerk Date September 19, 2017
ATTEST:
Clerk-SCOTT ELLIS
Rviewed for legal form and content:
(Assistant) County Attorney
SEAL of Cape Canaveral, Florida
Attachment 2
Library Board Activities + Membership Interest 2016 — Present
Actionable Items/Motions
2016 — 4 meetings
• Four motions to approve minutes
• One motion for officer elections
2017 — 4 meetings
• Four motions to approve minutes
• Should have been motion for officer elections, but was not noted in minutes
2018 — 2 meetings
• Two motions to approve minutes
• One motion to recommend new member to Council
2019 — 4 meetings (1 no quorum)
• Three motions to approve minutes
• One motion for officer elections
• One motion to remove obsolete "Secretary" position
2020 — 1 meeting
• One motion to approve minutes
• One motion to appoint officers
• One motion to recommend new member to Council
Applicant Interest Statistics (2014 — present)
Interest among Active Advisory Board Applicants
• Total number of Active Applications: 4
• Number of those that selected "Library Board" (LB): 0
Interest among Inactive Advisory Board Applicants — Appointed
• Total number of Inactive Applications (Appointed): 34
• Number of those that selected LB: 14
o Number of those already on the LB: 3*
o Number of those that selected LB as first or only choice: 3
o Average rank for applicants that didn't select LB as their first choice: 4
Interest among Inactive Advisory Board Applicants — Expired
• Total number of Inactive Expired Applications: 4
• Number of those that selected LB: 1
Interest among Inactive Advisory Board Applicants — Withdrawn
• Total number of Inactive Withdrawn Applications: 5
• Number of those that selected LB: 3
o Number of those that selected LB as first or only choice: 0
o Average rank for applicants that didn't select LB as their first choice: 6
* Board approved recommendation to appoint new member to Council at February 2020
meeting, right before the onset of COVID-19 Emergency Declaration.
Attachment 3
LIBRARY BOARD
REVISED 06/18/2021 3 Vacancies
(City Code §46-26) Duties: Advise and consult with the Librarian on the operation of the Library. Board meets
the second Thursday at 2:00 p.m. once every three months.
All meetings are held at the Cape Canaveral City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL
32920. With the exception of the Construction Board of Adjustment and Appeals, all Boards are of
7 members and serve 3 year terms of office with term limits of 2 consecutive terms on the same board, unless
no other qualified applicants seek appointment.
MEMBER TELEPHONE APPT DATE TERM EXPIRES
CHAIRPERSON Current Term
THERESE ZYHOWSKI 09 17 19
425 Buchanan Avenue, #506 (H) 613-5463 Serving Since 10-01-22
10-18-16
Current Term
TONY DIVITO 02-19-19
8416 Canaveral Boulevard, #C-101 (H) 355-8446 Serving Since 10-01-21
02-19-19
LARRY HOLMES Current Term
266 Polk Avenue (C) 987-8297 09-17-19 10 01 22
Serving Since
07-19-16
GARRETT LANE Current Term
8934 Puerto Del Rio Drive, #401 (H) 613-2848 02-19-19 10-01-21
Serving Since
02-19-19
Current Term
VACANCY -- 10-01-22
Serving Since
Current Term
VACANCY --- 10-01-23
Serving Since
Current Term
VACANCY --- 10-01-23
Serving Since
Attachment 4
Brevard County
BOARD OF COUNTY COMMISSIONERS
Dear Cape Canaveral City Council and Mr. Todd Morley, City Manager.
Cape Canaveral Public Library
201 Polk Ave.
Cape Canaveral, Florida 32920
We support the decision that the existing City of Cape Canaveral Library Board will be dismantled to
allow those who are active members of the Friends of the Library to now volunteer at full capacity
without conflict/sunshine law implications.
Sincerely,
Lisa Olzewski Cape Canaveral/ Cocoa Beach Library Director III
Phone (321) 868-1101
Attachment 5
Molly Thomas
From: friends of the cape canaveral library Library <folcc201@gmail.com>
Sent: Tuesday, June 29, 2021 10:20 AM
To: Molly Thomas
Subject: Proposed Amendment to Ordinance No. 29-2021
The Friends of the Cape Canaveral Public Library are in full support of adopting this
revised ordinance. Evelin Reid, President, FOLCC
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.
1
Attachment 6
1 ORDINANCE NO. 29-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; AMENDING CHAPTER 46 - LIBRARY OF
5 THE CITY CODE RELATED TO THE LIBRARY BOARD; PROVIDING FOR
6 THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
7 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY
8 AND AN EFFECTIVE DATE.
9
10 WHEREAS, the City is granted authority, under Section 2(b), Article VIII, of the State
11 Constitution, to exercise any power for municipal purposes; and
12
13 WHEREAS, the City Council initially established the City's Library Board in 1966 (Ordinance
14 11-66) when the City initially created the Cape Canaveral Library to operate and maintain its own
15 free public library; and
16
17 WHEREAS, the City Council later adopted Ordinance 9-73 and reaffirmed the creation of
18 the Cape Canaveral Library and Library Board under the provisions of former repealed Chapter
19 167, Florida Statutes, so the library and Library Board could perform the statutory functions
20 enumerated in Chapter 167, Florida Statutes; and
21
22 WHEREAS, in 1988, the City of Cape Canaveral relinquished its operation of the Cape
23 Canaveral Library to Brevard County who operates a county -wide library system, and the transfer
24 of responsibilities was set forth in that certain Agreement by and between the City and Brevard
25 County, dated March 1, 1988 ("Agreement"); and
26
27 WHEREAS, Brevard County currently maintains and operates the Cape Canaveral Library
28 as part of the county -wide library system; and
29
30 WHEREAS, under the Agreement, the City is required to maintain a local library board for
31 purposes of representing the interests of the public, to provide for development and improvement
32 of local library services, and to serve as an information resource in planning local library service
33 programs for discussion and review by the Brevard County Public Library Board. This local board
34 shall be implemented to facilitate the transmission of information from the local community
35 pertaining to the needs of the Cape Canaveral Library to the Brevard County Library Board and
36 the Library Services Director; and
37
38 WHEREAS, as a result of the Agreement and transfer of library operations to Brevard
39 County, most of the provisions contained in Chapter 46 of the City Code are obsolete and
40 outdated and should be repealed because they no longer serve any legitimate function, and
41 further Chapter 46 should be updated to expressly recognize the Agreement and the current
42 required function of the library board; and
43
City of Cape Canaveral
Ordinance No. 29-2021
Page 1 of 5
1 WHEREAS, due to the fact that citizen volunteers interact at the library on a daily basis
2 regarding issues pertaining to the library, and there are a limited number of citizens not already
3 volunteering at the library who are interested in serving on the City's library board, it has
4 become impractical to utilize said volunteers as the library board because of Sunshine Law
5 concerns; and
6
7 WHEREAS, the Brevard County Library Services Director previously advised City staff of
8 the County's desire to maintain the local library board required under the Agreement; and
9
10 WHEREAS, in order to continue complying with the terms and conditions of
11 the Agreement, the City Council desires to serve in the role of the local library board while
12 ensuring that citizens have the ability to continue to publicly present any input and advice
13 regarding the library services being provided at the Cape Canaveral Library; and
14
15 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds
16 this Ordinance to be in the best interests of the public health, safety and welfare of the
17 citizens of Cape Canaveral.
18
19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
HEREBY ORDAINS, AS FOLLOWS:
20
21 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein
22 by this reference as legislative findings and the intent and purpose of the City Council of the
23 City of Cape Canaveral.
24
25 Section 2. Amending Chapter 46 of the City Code. The City of Cape
26 Canaveral Codc of Ordinances, Chapter 46, is hereby amended as set forth below (underlined
27 type indicates additions and strikeout type indicates deletions, while *** indicate deletions from
28 this Ordinance of said applicable Division that shall remain unchanged in the City Code):
29
30 CHAPTER 46 — LIBRARY
31
32 ARTICLE I. — IN GENERAL
33
34 Sec. 46-1. - Established.
35
36 There is established in the city a public library for the use and enjoyment of the citizens
37 and residents of the city and the adjoining environs, including the county, which shall be known
38 as the Cape Canaveral Public Library.
39
40 Secs. 46-2-46-25. - Reserved.
41
42 ARTICLE II. - LIBRARY BOARD
City of Cape Canaveral
Ordinance No. 29-2021
Page 2 of 5
1
2 Sec. 46-26. - Created.
3
4 (a) There is created a library board to consist of seven members. The city council shall
5 perform the function and responsibilities of the local library board.
6
7 (b) The purpose of the library board is to serve as the local advisory board under that
8 certain agreement entered into by and between the City of Cape Canaveral and Brevard County,
9 dated March 1, 1988, as may be amended, under which the County agreed to provide library
10 services at the Cape Canaveral Public Library. Pursuant to the Agreement, the library board will
11 represent the interests of the public, to provide for development and improvement of local library
12 services, and to serve as an information source in planning local library service programs for
13 discussion and review by the Brevard County Public Library Board. The library board will facilitate
14 the transmission of information from the local Cape Canaveral community pertaining to the needs
15 of the Cape Canaveral Library to the Brevard County Library Board and Library Services Director.
16
17 (c) The library board shall meet not less than once a year and seek input and advice
18 from interested citizens regarding the library at one or more public meetings. Such meeting(s)
19 may be included as an agenda item during a regular City Council meeting. Local citizen volunteers
20 at the library will be invited to attend such meeting and be provided an opportunity to offer verbal
21 or written input and advice. As deemed warranted or necessary by the library board, the library
22 board may transmit information and input and advice resulting from the meeting(s) to the Brevard
23 County Library Board and Library Services Director.
24
25 Sec. 46 27. Expenditures.
26 The library board shall have exclusive control of expenditures of all monies collected or
27 donated to the credit of the library fund.
28
29 Sec. 46-3-0,--Meetings.
30 The library board shall meet not less than twice a year, and more often if necessary to carry
31 into effect and operation its duties and powers.
32
33 Sec.46.31. - Liability of city limited.
34 The city shall not be liable in any way for any acts done or undertakings begun or duties
35 and liability made, assumed or created by the library board, unless it shall first obtain from the
36 city council its approval.
37
38 Sec 46-32. - Repert to council.
39
40 (a) The library board shall, on or before the second Monday in June in each year, make
41 a report to the city council of the condition of their trust on June 1 in such year, showing the
42 following:(1)AII moneys received or expended;(2)The number of books and periodicals on
43 hand;(3)Newspapers and current literature subscribed for or donated to the reading room
City of Cape Canaveral
Ordinance No. 29-2021
Page 3 of 5
1 department;(4)The number of books and periodicals ordered by purchase, gift or obtained during
2 the year and the number lost or missing;(5)The number of visitors attending;(6)The number of and
3 character of books loaned or issued; and(7)Such statistics, information and suggestions as they
4 may deem of general interest or as the city council may require.
5
6 (b) The report shall be verified by affidavit of the proper officers of the board.
7
8 Sec. 46-33. Indebtedness.
9
10 The library board shall not incur any debts or enter into any contracts or obligations which
11 would be enforceable against the city, unless prior approval has been obtained from the city
12 council.
13
14 Secs. 46-27-46-33. - Reserved.
15
16 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
17 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
18 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
19
20 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
21 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
22 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
23 and like errors may be corrected and additions, alterations, and omissions, not affecting the
24 construction or meaning of this ordinance and the City Code may be freely made.
25
26 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
27 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
28 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
29 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
30 the validity of the remaining portions of this Ordinance.
31
32 Section 6. Effective Date. This Ordinance shall become effective immediately upon
33 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
34 Charter.
35
36
37
38
39 [Adoption page follows]
40
41
42
43
City of Cape Canaveral
Ordinance No. 29-2021
Page 4 of 5
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida this 17th day of
2 August, 2021.
3
4
5
6
7 Bob Hoog, Mayor
8
9 ATTEST: For Against
10
11 Mike Brown
12
13 Mia Goforth, CMC Robert Hoog
14 City Clerk
15 Mickie Kellum
16
17 Wes Morrison
18
19 Angela Raymond
20
21
22 First Reading: July 20, 2021
23 Advertisement: August 5, 2021
24 Second Reading: August 17, 2021
25
26
27
28 Approved as to legal form and sufficiency
29 for the City of Cape Canaveral only by:
30
31
32 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 29-2021
Page 5 of 5
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • ITEM # 7
Subject: Ordinance No. 32-2021; amending Sections 2-260 and 2-262 of the City Code related to
the application procedure for code enforcement lien satisfactions and releases including
authorizing the Special Magistrate to make recommendations to the City Council regarding such
applications; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, second reading.
Department: Community and Economic Development
Summary: Chapter 162, Florida Statutes, establishes the ability for a city to create a process by
which it can enforce its code of ordinances. One of the key tools available to the City is the ability
to levy fines against properties that do not voluntarily come into compliance with a code
enforcement violation. These fines — if not addressed - can result in a significant lien against a piece
of property. It is the City's practice to record its code enforcement liens in the public record.
The City's Code Enforcement (CE) Process is generally contained in Chapter 2, Article VI of the City
Code. The Code identifies several factors to be applied when considering the reduction/release of
liens once compliance is achieved. It also outlines the procedure for requesting a lien
reduction/release. Until 2019, the Code Enforcement Board was responsible for making
recommendations to the City Manager for the adjudication of CE lien reductions/releases. However,
with the adoption of Ordinance No. 11-2019, which established the Code Enforcement Special
Magistrate process, fine reduction requests are now decided by the City Council.
From time to time, it is necessary to update a process in order to make it more efficient or reflect
new policy initiatives approved by the Council. The proposed amendment revises the current
process by which an applicant requests a reduction/release of a City code enforcement lien. This
ordinance requires that a lien reduction application be considered by the Special Magistrate, who
will apply all of the factors, hear testimony and will make a written recommendation to the City
Council. The Council will consider the matter after reviewing the Special Magistrate's
recommendation and render a final decision.
There are efficiencies gained by revising the current process, including:
• The Special Magistrate has extensive background in adjudicating code enforcement
matters and must be a member of the Florida Bar for a minimum of five (5) years in good
standing.
• Mitigating the potential perception that "politics" has any bearing on who is granted a
release or how much of a reduction is granted.
At its July 20, 2021 Regular Meeting, the Council passed a motion to approve at first reading. Note
that the attached Ordinance has been revised since first reading to reflect the Council's direction to
remove language that would have provided the City Manager with the ability to approve di minimus
reductions.
City of Cape Canaveral
City Council Meeting • August 17, 2021
Agenda Item # 7
Page 2 of 2
The Notice of Hearing was placed for advertisement in Florida Today on August 5, 2021 and the
Ordinance is now presented for second reading and final adoption.
Submitting Department Director: David Dickey Date: 8/2/21
Attachment:
Ordinance No. 32-2021
Financial Impact: Staff time at Code Hearings as well as Special Magistrate time to consider lien
reduction requests; cost of advertisement and codification; Staff time and effort to prepare this
agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/2/21
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 32-2021 on second reading.
Approved by City Manager: Todd Morley Date: 8/2/21
1 ORDINANCE NO. 32-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 2-260 AND 2-262 OF
5 THE CITY CODE RELATED TO THE APPLICATION PROCEDURE FOR
6 CODE ENFORCEMENT LIEN SATISFACTIONS AND RELEASES
7 INCLUDING AUTHORIZING THE SPECIAL MAGISTRATE TO MAKE
8 RECOMMENDATIONS TO THE CITY COUNCIL REGARDING SUCH
9 APPLICATIONS; PROVIDING FOR THE REPEAL OF PRIOR
10 INCONSISTENT ORDINANCES AND RESOLUTIONS,
11 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
12 EFFECTIVE DATE.
13
14 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
15 Constitution, to exercise any power for municipal purposes; and
16
17 WHEREAS, the City Council previously established an application procedure to handle
18 code enforcement lien satisfactions and releases; and
19
20 WHEREAS, the City Council desires to amend the application procedure requiring the
21 Code Enforcement Special Magistrate to make a written recommendation to the City Council
22 regarding applications not otherwise approved by the City Manager under section 2-260 of the
23 City Code; and
24
25 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
26 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
27 Cape Canaveral.
28
29 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
30 ORDAINS, AS FOLLOWS:
31 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
32 this reference as legislative findings and the intent and purpose of the City Council of the City of
33 Cape Canaveral.
34
35 Section 2. Amending Section 2-260 and 2-262 of the City Code. The City of Cape
36 Canaveral Code of Ordinances, Section 2-260 and 2-262 are hereby amended as set forth below
37 (underlined type indicates additions and strikeout type indicates deletions, while *** indicate
38 deletions from Chapter 2 — Administration Article VI. — Code Enforcement that shall remain
39 unchanged in the City Code):
40
41 CHAPTER 2 — ADMINISTRATION
City of Cape Canaveral
Ordinance No. 32-2021
Page 1 of 8
1
2 * * *
3 ARTICLE VI. — CODE ENFORCEMENT
4
5 ***
6
7
8 DIVISION 3. - CODE LIEN SATISFACTIONS
9 Sec. 2-260. Application for satisfaction, release, or reduction, of code enforcement liens.
10 (a) Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch. 162,
11 has been recorded in the public records of Brevard County, Florida, and has become a lien
12 against the land and/or property of the violator, such violator, or the violator's successors
13 and assigns who has an ownership interest in the property, (collectively, the "applicant")
14 may apply for a satisfaction, release, or reduction of such lien as follows:
15 (1) Lien satisfaction. Upon full payment by the applicant of the fine or penalty imposed in
16 accordance with this division, the city manager is hereby authorized to execute and
17 record in the public records of Brevard County, Florida, a satisfaction of lien on behalf
18 of the city. The applicant shall be responsible for paying all costs of recording. Lien
19 satisfaction requests do not require a full application required by subsection (b) of this
20 section because the applicant is paying the full amount of the fine or penalty due the
21 city.
22 (2) Lien release or reduction. Upon request for a release or reduction of a fine or penalty
23 imposed in accordance with this division, the applicant shall submit a written
24 application to the city manager or designee, in accordance with this section.
25 (b) Application. The application for release or reduction of lien shall be in written form, typed
26 or handwritten, by the applicant and shall be submitted to the city manager, or designee.
27 The application shall be executed under oath and sworn to in the presence of a notary
28 public, and shall include, but may not be limited to, the following:
29 (1) A copy of the order imposing a lien upon the property including the code
30 enforcement case number;
31 (2) The date upon which the applicant brought the subject property into compliance with
32 the City Code;
33 (3) The basis upon which the applicant believes the application for release or reduction of
34 lien should be granted;
35 (4) The terms upon which the release or reduction of lien should be granted;
City of Cape Canaveral
Ordinance No. 32-2021
Page 2 of 8
1 (5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine
2 being recorded;
3 (6) The reduction in penalty or fine sought by the applicant;
4 (7) A statement verifying whether the applicant was issued any title policy or policies for
5 the subject property encumbered by the lien after the date the lien was recorded in
6 the public records of Brevard County, Florida. If such a policy or policies were issued to
7 the applicant, a copy of any such title policy shall be submitted with the application;
8 (8) Any other information which the applicant deems pertinent to the request, including
9 but not limited to the circumstances that exist which would warrant the reduction or
10 satisfaction of the penalty or fine.
11 (c) Reimbursement to city for recording costs at time of application. The applicant shall submit,
12 at the time of application, an application fee established by the city to defray some or all of
13 the city's costs of processing the application including, but not limited to, personnel, legal,
14 and costs associated with recording the order imposing a penalty or fine and the requested
15 release or reduction of lien. These costs are nonrefundable, without regard for the final
16 disposition of the application.
17 (d) Application review. Upon receipt of the application and payment provided above, the code
18 enforcement division shall confirm that the violation, which resulted in the order imposing
19 penalty or fine, has been corrected. If the violation has been corrected and there are no
20 current code violation(s) upon the property in question, the code enforcement division shall
21 place the application and a staff recommendation upon the agenda of the next meeting of
22 the special magistrate city council for the City of Cape Canaveral for a hearing and
23 recommendation to the city council.
24 (e) At the hearing before the special magistrate city council, the special magistrate city council
25 shall review and consider the application for reduction or release of lien, provide the
26 violator with an opportunity to address the board special magistrate regarding the
27 application for reduction or release of lien, and to take the testimony of other interested
28 parties, including but not limited to city staff.
29 Upon review of the application and any testimony presented by the applicant, city staff or
30 other interested party, the special magistrate city council shall render a written recommendation
31 to the city council based on findings of fact and law to either by motion or writing approve,
32 approve with conditions, or deny the application for reduction or release of lien. The city council
33 shall consider and give considerable weight to the written recommendation of the special
34 magistrate and render a final decision on the application.
City of Cape Canaveral
Ordinance No. 32-2021
Page 3 of 8
1 Whenever a recommendation or decision is made under this section, the following factors
2 shall be applied by the city in determining the amount of any reduction or release:
3 (1) The amount of any administrative and out-of-pocket costs incurred by the city which
4 are directly associated with the underlying code enforcement case and lien including,
5 but not limited to, code enforcement staff and attorney time, postage, advertising and
6 recording costs, and other city expenses related to any measure taken by the code
7 board or city to abate a nuisance caused by the violation;
8 (2) The gravity and number of the violation(s);
9 (3) The amount of the requested reduction;
10 (4) The time in which it took to bring the property into compliance;
11 (5) Whether the applicant was responsible for the violation which caused the lien;
12 (6) Whether the applicant is or will be a bona fide purchaser of the subject property and is
13 filing or has filed for a homestead exemption evidencing a desire to reside within the
14 city on a non -transient basis, or whether the property is or will be acquired for
15 investment or other purposes;
16 (7) Whether the applicant acquired the subject property with knowledge of the subject
17 lien or should have knowledge of the lien through reasonable due diligence;
18 (8) The accrued amount of the code enforcement fine or lien as compared to the current
19 market value of the property;
20 (9) With respect to a speculator, non -homestead purchaser of the subject property, the
21 accrued amount of the code enforcement fine or lien as compared to the
22 investment/profit that will be gained as a result of the purchase or sale of the property
23 and the reduction or satisfaction;
24 (10) Any previous or subsequent violations pertaining to the property unless an order
25 finding a violation is under appeal at the time of determination;
26 (11) Any previous or subsequent violations of the applicant pertaining to the other
27 properties owned within city, unless an order finding a violation is under appeal at the
28 time of determination;
29 (12) Any relevant information contained in any title policy required to be submitted to the
30 city under this section;
31 (13) Any financial hardship;
City of Cape Canaveral
Ordinance No. 32-2021
Page 4 of 8
1 (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of
2 the penalty or fine; and
3 (15) Any other administrative review criteria relevant to whether it is equitable to reduce or
4 release a lien which are adopted by the city manager, in writing, and are intended to
5 be applied to all applications on a uniform basis.
6 (f) To the maximum extent feasible, the city council shall collect, at a minimum, all
7 administrative and out-of-pocket costs incurred by the city as specified in subsection (e)(1).
8 If the city council approves the application to reduce or release the lien and the approval is
9 conditioned upon the applicant paying a reduced penalty, fine, or any other condition, the
10 satisfaction or relase of lien shall not be prepared or recorded in the public records of
11 Brevard County, Florida by the city manager until the condition(s) imposed by the city
12 council have been satisfied.
13 (g) Compliance and right of appeal. The applicant shall have 30 days in which to comply with
14 the conditions imposed by the city council unless otherwise approved by the city council in
15 a written agreement with the applicant.
16 (1) If the application is denied, or if the application is automatically denied due to the
17 failure of the applicant to comply with the conditions imposed by the city council, the
18 applicant shall thereafter be barred from applying for a subsequent reduction or
19 release of lien for a period of one year from the date of denial. During the one-year
20 period, the lien may only be satisfied and released upon full payment of the fine or
21 penalty imposed in accordance with this division.
22 (2) The city council shall render a final decision on the application based upon the
23 recommendation of the special magistrate, sworn application and any other additional
24 and necessarily relevant information or testimony provided to the city council at the
25 meeting by the applicant, city manager or any other interested party. Any decision
26 made by the city council pursuant to this section shall be deemed final and not subject
27 to any further administrative review by the city. The applicant shall have 30 days, or
28 such time period determined by the city council in a written agreement, in which to
29 comply with any decision of or condition imposed by the city council or the
30 application shall be deemed automatically denied and thereafter, the applicant shall
31 be barred from applying for a subsequent reduction or release of lien for a period of
32 one year from the date of the city council's decision. During the one-year period, the
33 lien may only be satisfied and released upon full payment of the fine or penalty
34 imposed in accordance with this division.
City of Cape Canaveral
Ordinance No. 32-2021
Page 5 of 8
1 (3) When a lien is satisfied as a result of reduced payment or release as ordered by the
2 city council, the city manager is hereby authorized to execute and record in the public
3 records of Brevard County, Florida, a satisfaction of lien on behalf of the city.
4 (h) Partial release of liens; liens recorded in error. Under appropriate circumstances determined
5 by the city council to be in the best interests of the city, city council may approve an
6 application conditioned upon a partial release of lien that releases a city lien from a specific
7 piece of property. However, the lien will remain in effect and will encumber any other
8 properties which are subject to the lien pursuant to law. Partial releases of lien may also be
9 authorized by the city council to account for any funds paid to the city to reduce the
10 amount owed on the lien. In addition, nothing herein shall prohibit the city manager from
11 releasing a lien, in whole or part, that was recorded in error by the city. An application shall
12 not be required to release a lien recorded in error.
13 (i) The provisions of this division shall be deemed supplemental and in addition to the city
14 council's right, at its discretion, to collect a lien imposed by the city and to compel or bring
15 properties into compliance with the City Code by any other lawful means deemed
16 reasonably necessary by the city council.
17
18 DIVISION 4. — SPECIAL MAGISTRATE
19
20
k A A
21 Sec. 2-262. Powers of special magistrates.
22 Special magistrates shall have the power to:
23 (a) Hear and decide violations of the Code.
24 (b) Adopt administrative rules for the efficient conduct of hearings consistent with the
25 City Code and other applicable law. Said rules shall be in a form approved by the city
26 attorney.
27 (c) Subpoena alleged violators and witnesses for hearings; subpoenas shall be served by
28 the county sheriff, process server or by the city staff.
29 (d) Subpoena evidence deemed relevant to hearings.
30 (e) Take testimony under oath.
31 (f) Assess and order the payment of civil penalties as provided herein.
32 (g) Issue orders having the force of law to command whatever steps are necessary to
33 bring a violation into compliance.
City of Cape Canaveral
Ordinance No. 32-2021
Page 6 of 8
1 (h) Have jurisdiction to consider and address orders previously entered by the city code
2 enforcement board.
3 (i) Have jurisdiction to make recommendations to the city council pursuant to 2-260
4 regarding applications for satisfaction, release, or reduction, of code enforcement
5 liens.
6
7 * * *
8
9 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
10 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
11 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
12
13 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
14 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
15 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
16 and like errors may be corrected and additions, alterations, and omissions, not affecting the
17 construction or meaning of this ordinance and the City Code may be freely made.
18
19 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
20 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
21 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
22 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
23 the validity of the remaining portions of this Ordinance.
24
25 Section 6. Effective Date. This Ordinance shall become effective immediately upon
26 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
27 Charter.
28
29
30
31
32
33 [Adoption and Signature Page Follows]
34
35
36
37
38
39
City of Cape Canaveral
Ordinance No. 32-2021
Page 7 of 8
1
2
3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of
4 August, 2021.
5
6
7
8
9
10
11 Bob Hoog, Mayor
12
13 ATTEST: For Against
14
15 Mike Brown
16
17 Mia Goforth, CMC Robert Hoog
18 City Clerk
19 Mickie Kellum
20
21 Wes Morrison
22
23 Angela Raymond
24 First Reading: July 20, 2021
25 Advertisement: August 5, 2021
26 Second Reading: August 17, 2021
27
28
29 Approved as to legal form and sufficiency
30 for the City of Cape Canaveral only by:
31
32
33 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 32-2021
Page 8 of 8
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • ITEM # 8
Subject: Ordinance No. 27-2021; amending Section 58-1 of the City Code related to local public
notices for Future Land Use Map amendments; 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: On May 21, 2019, the City Council passed Ordinance No. 09-2019 (Attachment 1) which
amended Section 110-28 of the City Code relating to Due Process and Special Local Notice
requirements for certain zoning hearings.
The amended process was established to streamline local public notice requirements in anticipation
of the City's comprehensive administrative rezoning project. Specifically, the change eliminated the
need to post individual properties, while maintaining the requirement to post a meeting notice at
City Hall and on the City's official website; and to notify, by regular mail, the owner(s) of the subject
parcels of land for which the administrative application is made.
To create a uniform local public notice process for Future Land Use Map (FLUM) amendments, the
proposed Ordinance (Attached) has been prepared. In addition to notice requirements provided by
State Statutes, the proposed Ordinance establishes notice requirements in a manner consistent with
the comprehensive administrative rezoning process passed via Ordinance No. 09-2019. Specifically,
that individual properties will no longer be required to be posted for City -initiated FLUM
amendments.
The proposed Ordinance (Attachment 2) provides additional housekeeping measures intended to
provide a degree of flexibility to FLUM amendments. Zoning and FLUM amendments are commonly
processed concurrently for a given property.
At its July 28, 2021 Regular Meeting, the Planning and Zoning Board recommended approval of the
subject Ordinance.
Submitting Department Director: David Dickey Date: 8/3/21
Attachments:
1 - Ordinance No. 09-2019
2 - Ordinance No. 27-2021
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: 8/3/21
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 27-2021 on first reading.
Approved by City Manager: Todd Morley Date: 8/3/21
Attachment 1
1 ORDINANCE NO. 09-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING SECTION 110-28 OF THE CITY CODE
6 RELATED TO DUE PROCESS AND SPECIAL LOCAL
7 NOTICE REQUIREMENTS FOR CERTAIN ZONING
8 HEARINGS; PROVIDING FOR THE REPEAL OF PRIOR
9 INCONSISTENT ORDINANCES AND RESOLUTIONS,
10 INCORPORATION INTO THE CODE, SEVERABILITY
11 AND AN EFFECTIVE DATE.
12
13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
15 law; and
16
17 WHEREAS, the City Council desires to amend City special local notice requirements for
18 certain zoning hearings to streamline local notice requirements by balancing various legitimate
19 public interests and taking into consideration common sense, practical concerns such as public
20 expenses and limited resources, efficient and timely decision making by the City on land use
21 matters and unreasonableness; and
22
23 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
24 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
25 Canaveral.
26
27 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
28 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
29
30 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein
31 by this reference as legislative findings and the intent and purpose of the City Council of the City
32 of Cape Canaveral.
33
34 Section 2. Code Amendment. Section 110-28 of the Code of Ordinances, City of
35 Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
36 strikeout type indicates deletions):
37
38 Sec. 110-28. - Due process; special notice requirements.
39 (a) All applicants and interested parties shall be afforded minimal due process as required by
40 law, including the right to receive notice, be heard, present evidence, cross-examine witnesses,
41 and be represented by a duly authorized representative.
42 (b) In addition to any notice requirements provided by state law, all public hearings under this
43 article shall initially be publicly noticed for at least 14 calendar days prior to the date of the
44 hearing. Public hearings that are postponed or continued by the City shall be publicly noticed
45 for at least 3 calendar days unless otherwise required by the board. Said notice shall include
46 the address of the subject property, matter to be considered and the time, date and place of the
47 hearing. The city shall post notice of public hearings in the following manner:
City of Cape Canaveral
Ordinance No. 09-2019
Page 1 of 3
1 (1) Posting the affected property.
2 (2) Posting at city hall and on the city's official website.
3 (3) Notifying all owners of real property (including homeowner's and condominium
4 associations) approximately adjacent to and within 500 feet of the subject property. All
5 notices required by this subparagraph may be sent by regular mail except that public
6 hearings related to applications for rezoning shall be sent by certified mail, return receipt
7 requested. Further, unless otherwise provided by law, notices required by this subsection
8 shall only be mailed for the first public hearing before the first board required to hear an
9 application under this article. Subsequent hearings on the same application shall not be
10 required to be noticed by this subsection. Applicants shall be solely responsible for the
11 costs incurred for notification under this subparagraph.
12 (4) Notifying, by certified regular mail or email, the owner(s) of the subject property for
13 which the application is being made.
14 The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to
15 be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing
16 any decision made under this chapter.
17 (c) When any proposed zoning district boundary change, variance, or special exception lies
18 within approximately 500 feet of the boundary of any property under another government's
19 jurisdiction, notice shall be forwarded to the governing body of the appropriate government
20 authority in order to afford such body an opportunity to appear at the hearing and express its
21 opinion on the effect of said proposed district boundary change, variance or special exception.
22 (d) Comprehensive administrative rezoning, variance, or special exception applications
23 initiated by the City affecting more than one noncontiguous parcel of land and more than five acres
24 of land shall not be subject to the notice requirements set forth in this section. Unless otherwise
25 required by state law, all public hearings under this subsection (d) shall initially be publicly noticed
26 for at least 14 calendar days prior to the date of the hearing. Public hearings that are postponed or
27 continued by the City shall be publicly noticed for at least 3 calendar days unless otherwise
28 required by the board. In addition to any notice requirements provided by state law, public notice
29 of the hearing of such applications shall include the address of the subject property, matter to be
30 considered and the time, date and place of the hearing and shall be posted in the following manner:
31
32 (1) Posting at city hall and on the city's official website.
33
34 (2) Notifying, by regular mail, the owner(s) of the subject parcels of land for which the
35 administrative application is being made by the City.
36
37 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
38 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
39 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
40
41 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
42 Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be
43 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
44 like errors may be corrected and additions, alterations, and omissions, not affecting the
45 construction or meaning of this Ordinance and the City Code may be freely made.
46
City of Cape Canaveral
Ordinance No. 09-2019
Page 2 of 3
1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
4 be deemed a separate, distinct and independent provision, and such holding shall not affect the
5 validity of the remaining portions of this Ordinance.
6
7 Section 6. Effective Date. This Ordinance shall become effective immediately upon
8 adoption by the City Council of the City of Cape Canaveral, Florida.
9
10 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of
11 May, 2019.
13 4
14 Mike Brown, Mayor Pro Tem
15
16 ATTEST: For Against
17 Mike Brown X
18 Robert Hoog Absent
19 Wes Morrison X
20 Rocky Randels Motion
21 Angela Raymond Second
22 Mia Goforth, CMC,
23 City Clerk
24
25 First Reading: April 16, 2019
26 Planning & Zoning Board
27 Hearing: April 24, 2019
28 Advertisement: May 09, 2019
29 Second Reading: May 21, 2019
30
31 Approved as to legal form and sufficiency
32 for the City of Cape Canaveral only by:
33
34
33 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 09-2019
Page 3 of 3
SEAL of Cape Canaveral, Florida
Attachment 2
1 ORDINANCE NO. 27-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 58-1 OF THE CITY
5 CODE RELATED TO LOCAL PUBLIC NOTICES FOR FUTURE LAND USE
6 MAP AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS,
8 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
9 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; and
13
14 WHEREAS, the City Council previously streamlined the local public notice requirements
15 for zoning related applications including rezoning map amendments as set forth in Section 110-
16 28 of the City Code; and
17
18 WHEREAS, in many cases, future land use map amendments occur simultaneously with
19 rezoning map amendments; and
20
21 WHEREAS, the City Council desires to create one uniform local public notice standard for
22 future land use map and rezoning map amendments rather than maintaining two different
23 requirements in order to streamline the City's local notice process; and
24
25 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
26 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
27 Cape Canaveral.
28
29 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
30 ORDAINS, AS FOLLOWS:
31 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
32 this reference as legislative findings and the intent and purpose of the City Council of the City of
33 Cape Canaveral.
34
35 Section 2. Amending Section 58-1 of the City Code. The City of Cape Canaveral
36 Code of Ordinances, Section 58-1 is hereby amended as set forth below (underlined type indicates
37 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance
38 of said applicable Division that shall remain unchanged in the City Code):
39
40 CHAPTER 58 — PLANNING
41
City of Cape Canaveral
Ordinance No. 27-2021
Page 1 of 3
1 ***
2
3 Article I. — IN GENERAL
4
5 Sec. 58-1. Notice requirement for amendments to future land use map.
6 In addition to any notice requirements provided by state law, all public hearings for future
7 land use map amendments shall be publicly noticed in the same manner as zoning map
8 amendments as set forth in section 110-28. for at least 11 calendar days prior to the date of the
9 hearing. Said notice shall include the address or legal description of the subject property, matter
10 to be considered and the time, date and place of the hearing. The city shall post notice of public
11 hearings in the following manner:
12 (1) Posting thc affected property.
13 (2) Posting at city hall and on the city's official website.
14 (3) Notifying, by certified mail, all owners of real property (including homeowner's and
15 condominium associations) adjacent to and within 500 feet of the subject property.
16 Applicants shall be solely responsible for the costs incurred for notification under this
17 subsection. Further, unless otherwise provided by law, notices required by this
18 subsection shall be provided as follows:
19 (A) Notice of small scale future land use map amendments shall only be mailed for
20 the first public hearing before each board required to conduct a hearing on the
21 small scale future land use map amendment.
22 (B) Notice of large scale future land use map amendments shall be mailed at least
23 once before the land planning agency hearing, the transmittal hearing and the
24 adoption hearing on the large scale future land use map amendment.
25 (4) Notifying, by certified mail, the owner(s) of the subject property for which the
26 application is being made.
27 The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed
28 to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of
29 appealing any decision made under this chapter.
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
City of Cape Canaveral
Ordinance No. 27-2021
Page 2 of 3
1 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
2 and like errors may be corrected and additions, alterations, and omissions, not affecting the
3 construction or meaning of this ordinance and the City Code may be freely made.
4
5 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
6 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
7 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
8 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
9 the validity of the remaining portions of this Ordinance.
10
11 Section 6. Effective Date. This Ordinance shall become effective immediately upon
12 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
13 Charter.
14
15 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
16 , 2021.
17
18
19
20 Bob Hoog, Mayor
21
22
23 ATTEST: For Against
24
25 Mike Brown
26
27 Mia Goforth, CMC Robert Hoog
28 City Clerk
29 Mickie Kellum
30
31 Wes Morrison
32
33 Angela Raymond
34 First Reading: August 17, 2021
35 Advertisement:
36 Second Reading:
37
38 Approved as to legal form and sufficiency
39 for the City of Cape Canaveral only by:
40
41
42 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 27-2021
Page 3 of 3
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • ITEM # 9
Subject: Ordinance No. 33-2021; amending the text of the City's Comprehensive Plan to include a
Property Rights Element as required by law; providing for the repeal of prior inconsistent ordinances
and resolutions, incorporation into the Comprehensive Plan, severability and an effective date and
legal status of the Plan Amendment, first reading.
Department: Community and Economic Development
Summary: During the 2021 Legislative Session, the Florida Legislature adopted, and Governor
DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local governments to amend
their Comprehensive Plan to include a Property Rights Element. The new law went into effect on
July 1, 2021.
The addition of a new element into the City's Comprehensive Plan is done via text amendment,
which requires a transmittal hearing and then a subsequent adoption hearing after State review.
This first reading serves as the transmittal hearing.
It is Staff's understanding that the Florida Department of Economic Opportunity, the State agency
responsible for administering Comprehensive Plan amendments, will hold all other plan
amendments in abeyance until such time that the local government adopts its Property Rights
Element. Unless expeditiously addressed, this has the potential of delaying the numerous plan
amendments currently being processed in support of the City's on -going administrative rezoning
initiative.
The proposed element is organized such that it simply includes the property rights statement
promulgated by the Legislature as contained in Chapter 2021-195. The overarching goal of the new
element is to state that the City will "respect judicially acknowledged and constitutionally protected
private property rights." Furthermore, it commits the City to consider the following rights in local
decision -making:
1. The right of a property owner to physically possess and control his or her interests in the
property, including easements, leases, or mineral rights.
2. The right of a property owner to use, maintain, develop, and improve his or her property
for personal use or for the use of any other person, subject to state law and local
ordinances.
3. The right of the property owner to privacy and to exclude others from the property to
protect the owner's possessions and property.
4. The right of a property owner to dispose of his or her property through sale or gift.
The Planning and Zoning Board (convened as the Local Planning Agency), at its July 28, 2021
Regular Meeting, recommended approval of the subject Ordinance (Attached).
Submitting Department Director: David Dickey Date: 8/3/2021
Attachment:
Ordinance No. 33-2021
Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/3/2021
City of Cape Canaveral
City Council Meeting • August 17, 2021
Agenda Item # 9
Page 2 of 2
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 33-2021 on first reading.
Approved by City Manager: Todd Morley Date: 8/3/21
1 ORDINANCE NO. 33-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
4 CAPE CANAVERAL, FLORIDA; AMENDING THE TEXT OF THE
5 CITY'S COMPREHENSIVE PLAN TO INCLUDE A PROPERTY RIGHTS
6 ELEMENT AS REQUIRED BY LAW; PROVIDING FOR THE REPEAL
7 OF PRIOR INCONSISTENT ORDINANCES AND
8 RESOLUTIONS, INCORPORATION INTO THE COMPREHENSIVE
9 PLAN, SEVERABILITY AND AN EFFECTIVE DATE AND LEGAL
10 STATUS OF THE PLAN AMENDMENT.
11
12 WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Community
13 Planning Act, which was formerly known as the Local Government Comprehensive Planning and
14 Land Development Regulation Act; and
15
16 WHEREAS, the Community Planning Act requires each municipality in the State of Florida
17 to prepare, adopt, and update a Comprehensive Plan; and
18
19 WHEREAS, during the 2021 Legislative Session, the Florida Legislature adopted, and
20 Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local
21 governments to amend their comprehensive plans to include a property rights element; and
22
23 WHEREAS, the City of Cape Canaveral recognizes the importance of property rights and
24 desires to expeditiously comply with the new law by adding a property rights element to its
25 Comprehensive Plan; and
26
27 WHEREAS, in accordance with the provisions of the Community Planning Act, the City's
28 Land Planning Agency has reviewed and made a recommendation regarding this Ordinance at a
29 duly held public meeting as required by law; and
30
31 WHEREAS, the City Council of the City of Cape Canaveral held two duly noticed public
32 hearings on the proposed amendment set forth hereunder and considered findings and advice of
33 staff, citizens, and all interested parties submitting written and oral comments and supporting
34 data and analysis, and after complete deliberation, hereby approves and adopts the
35 Comprehensive Plan Amendment set forth hereunder; and
36
37 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
38 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
39 Cape Canaveral.
40
City of Cape Canaveral
Ordinance No. 33-2021
Page 1 of 4
1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
2 ORDAINS, AS FOLLOWS:
3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
4 this reference as legislative findings and the intent and purpose of the City Council of the City of
5 Cape Canaveral.
6
7 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to,
8 the Community Planning Act, sections 163.3161 et. seq., Florida Statutes, and Chapter 2021-195,
9 Laws of Florida.
10
11 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of
12 this Ordinance to adopt a comprehensive plan amendment incorporating the revisions stated
13 herein as part of the City of Cape Canaveral Comprehensive Plan.
14
15 Section 4. Addition of Property Rights Element. The City of Cape Canaveral Code
16 Comprehensive Plan is hereby amended as set forth below (underlined type indicates additions
17 and strikeout type indicates deletions, while *** indicate deletions from the text of said
18 Comprehensive Plan that shall remain unchanged in the City's Comprehensive Plan):
19
20
21
22
City of Cape Canaveral
Comprehensive Plan
* * *
23 SECTION 11 — PROPERTY RIGHTS ELEMENT
24 PROPERTY RIGHTS ELEMENT
25 GOALS, OBJECTIVES and POLICIES
26
27 GOAL PR-1
28
29 The City will respect judicially acknowledged and constitutionally protected private property
30 rights.
31
32 OBJECTIVE PR-1.1
33
34 The City will consider when appropriate and applicable judicially acknowledged and
35 constitutionally protected private property rights when making decisions.
36
City of Cape Canaveral
Ordinance No. 33-2021
Page 2 of 4
1
2 POLICY PR-1.1.1
3
4 In accordance with Florida law requiring governmental entities to respect judicially acknowledged
5 and constitutionally protected private property rights, the following rights shall be considered in
6 local decision making:
7
8 1. The right of a property owner to physically possess and control his or her interests in the
9 property, including easements, leases, or mineral rights.
10 2. The right of a property owner to use, maintain, develop, and improve his or her property for
11 personal use or for the use of any other person, subject to state law and local ordinances.
12 3. The right of the property owner to privacy and to exclude others from the property to protect
13 the owner's possessions and property.
14 4. The right of a property owner to dispose of his or her property through sale or gift.
15
16 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
17 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
18 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
19
20 Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the
21 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
22 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
23 number or letter and any heading may be changed or modified as necessary to effectuate the
24 foregoing.
25
26 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
27 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
28 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
29 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
30 the validity of the remaining portions of this Ordinance.
31
32 Section 8. Effective Date. The effective date of the Comprehensive Plan Amendment
33 adopted by this Ordinance shall be thirty-one (31) days after the state land planning agency
34 notifies the City that the plan amendment package is complete pursuant to section
35 163.3184(3)(c)(4.), Florida Statutes. If the plan amendment is timely challenged, the plan
36 amendment shall not become effective until the state land planning agency or the Administration
37 Commission enters a final order determining the adopted amendment to be in compliance. No
38 development orders, development permits, or land use dependent on this plan amendment may
City of Cape Canaveral
Ordinance No. 33-2021
Page 3 of 4
1 be issued before it has become effective. After and from the effective date of this plan
2 amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape
3 Canaveral Comprehensive Plan and become a part of that plan and the plan amendment shall
4 have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended.
5
6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
7 of , 2021.
8
9
10
11
12
13 Bob Hoog, Mayor
14
15
16
17
18 ATTEST: For Against
19
20 Mike Brown
21
22 Mia Goforth, CMC Robert Hoog
23 City Clerk
24 Mickie Kellum
25
26 Wes Morrison
27
28 Angela Raymond
29
30 Local Planning Agency: July 28, 2021
31 Advertisement: August 5, 2021
32 First Reading: August 17, 2021
33 Second Reading:
34
35
36
37 Approved as to legal form and sufficiency
38 for the City of Cape Canaveral only by:
39
40
41 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 33-2021
Page 4 of 4
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • ITEM # 10
Subject: Ordinance No. 35-2021; amending Section 38-33 of the City's Fire Prevention and Protection
Code related to private entry gates; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability and an effective date, first reading.
Department: Canaveral Fire Rescue
Summary: Section 38-33, City Code, currently requires private entry gates be siren activated for
access by emergency vehicles. This technology is now outdated due to the prevalence of 800 MHz
Radio Frequency devices being equipped on emergency vehicles. This provides an improved,
alternate way to access private entry gates.
The new method allows reliable access through private gates by all emergency police, fire and
ambulance apparatus without necessitating the use of a loud siren, which affords a reduction in
noise pollution, particularly for incidents that may happen late at night or early in the morning.
Additionally, current siren activated gates may not reliably respond to all types of sirens used on
different emergency apparatus.
Ordinance No. 35-2021 (Attached) will update City Code, reflecting the use of 800 MHz Radio
Frequency devices to access private entry gates. The Ordinance allows all nonconforming private
entry gates installed prior to August 17, 2021 to remain in service until they are in need of
replacement. All new private entry gates for emergency vehicles installed after August 17, 2021 will
be required to be equipped with an 800 MHz radio frequency opening device.
Submitting Department Director: Chief Dave Sargeant Date: 8/6/21
Attachment:
Ordinance No. 35-2021
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: 8/6/21
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 35-2021 at first reading.
Approved by City Manager: Todd Morley Date: 8/6/21
1 ORDINANCE NO. 35-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 38-33 OF THE CITY'S
5 FIRE PREVENTION AND PROTECTION CODE RELATED TO PRIVATE
6 ENTRY GATES; PROVIDING FOR THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS,
8 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
9 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 is granted authority to enforce and adopt fire prevention and protection regulations
14 pursuant to Chapter 633, Florida Statutes; and
15
16 WHEREAS, Chapter 38 of the City Code sets forth detailed regulations regarding fire
17 prevention and protection; and
18
19 WHEREAS, upon recommendation of the City's Fire Chief, the City Council desires to
20 amend the fire prevention and protection regulation regarding private entry gates; and
21
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
26 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
27 ORDAINS, AS FOLLOWS:
28 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
29 this reference as legislative findings and the intent and purpose of the City Council of the City of
30 Cape Canaveral.
31
32 Section 2. Amending Section 38-33 Private Entry Gates. The City of Cape
33 Canaveral Code of Ordinances, Section 38.33 — Private Entry Gates is hereby amended as set forth
34 below (underlined type indicates additions and strikeout type indicates deletions, while ***
35 indicate deletions from this Ordinance of said Chapter, Article and Division that shall remain
36 unchanged in the City Code):
37
38 CHAPTER 38 FIRE PREVENTION AND PROTECTION
39
40
41
City of Cape Canaveral
Ordinance No. 35-2021
Page 1 of 3
1 ARTICLE II. FIRE PREVENTION CODES
2
3 ***
4 Sec. 38-33. Private entry gates.
5
6 Private entry gates shall be permitted within the city as long as they meet the following:
7
8 (1) The gates do not interfere with the 20 feet of unobstructed access which is required under
9 the Fire Prevention Code.
10
11 (2) The private entry gates shall be siren activated for emergency vehicles Private entry gates
12 for emergency vehicles that are installed and existing on or before August 17, 2021, which are
13 equipped with a siren activated opener, may remain in service until they are in need of
14 replacement. Such new gates are prohibited after August 17, 2021.
15
16 (3) All new private entry gates for emergency vehicles installed after August 17, 2021 shall be
17 equipped with an 800 mhz radio frequency opening device.
18
19 (3 4) Private entry gates shall provide for access by nonemergency fire department vehicles by
20 use of a Knox switch.
21
22 (4 5) Private entry gates shall provide for emergency vehicle access during periods of power
23 outages without delay. Private entry gates shall open when power fails and remain open until
24 power is restored.
25
26 ***
27 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
28 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
29 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
30
31 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
32 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
33 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
34 and like errors may be corrected and additions, alterations, and omissions, not affecting the
35 construction or meaning of this ordinance and the City Code may be freely made.
36
37 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
38 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
39 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
40 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
41 the validity of the remaining portions of this Ordinance.
42
43 Section 6. Effective Date. This Ordinance shall become effective immediately upon
City of Cape Canaveral
Ordinance No. 35-2021
Page 2 of 3
1 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
2 Charter.
3
4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
5 September, 2021.
6
7
8 Bob Hoog, Mayor
9
10
11 ATTEST: For Against
12
13 Mike Brown
14
15 Mia Goforth, CMC Robert Hoog
16 City Clerk
17 Mickie Kellum
18
19 Wes Morrison
20
21 Angela Raymond
22
23
24 First Reading: August 17, 2021
25 Advertisement:
26 Second Reading:
27
28
29 Approved as to legal form and sufficiency
30 for the City of Cape Canaveral only by:
31
32
33 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 35-2021
Page 3 of 3
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • AUGUST 17, 2021
AGENDA ITEM SUMMARY • ITEM # 11
Subject: Discuss and choose a final design concept for the Veterans Memorial Park Redevelopment
Project.
Department: Leisure Services
Summary: Redevelopment of Veterans Memorial Park has been a topic of discussion by City
Council since 2017. City Council formally kicked -off the project in October 2020 by approving a
$90,000 design budget, bringing this phase of the project to fruition. With resident and stakeholder
engagement as one of the key facets in bringing this project to the forefront, Staff worked with City
Council to ensure residents and other interested parties had an opportunity to opine on elements
to be included in the design. Preliminary input design meetings commenced on February 14, 2020
with a public input meeting at VFW Post 10131. Attendees were presented with the status of the
property and were provided with idea boards to facilitate the brainstorm initiative. A second public
input meeting took place on February 24, 2020 at City Hall where Staff presented the same
information and again the public had the opportunity to opine on what they would like to see out
of the redevelopment. Lastly, on March 3, 2020 Staff presented the same information at American
Legion Post 348 and received input from that key stakeholder group. Concurrently, the City sent
out a public input survey through the City's online networks for one week, which also requested
input on what elements residents would like to see included in the scope of redevelopment. All the
preliminary work was done with the intention of moving to the design phase during Fiscal Year
2020-2021.
All input received, as well as the different elements included in the idea board, were sent to one of
the City's contracted architectural firms, Kimley Horn (KH), to create two conceptual designs for the
Park. Staff received the first iteration of conceptual designs for the Park in June of 2021 and again
went to the public for input. The first opportunity took place at VFW Post 10131 on June 22, 2021
where attendees opined on the two versions of the Park. Staff also visited American Legion Post
348 on June 28, 2021 to present the concepts and gather input. The last public input meeting on
the two concepts took place at City Hall. At each of the meetings, the public provided at least one
nugget of good information per meeting that improved the concepts. At the culmination of all the
public input meetings, Staff sent all received input back to KH for a final revision.
Staff presented the final concepts (Attachment) to the Culture & Leisure Services Board (C&LSB).
After discussion on the concepts, the C&LSB unanimously chose Concept B as the favorite design.
The concepts went to the public for vote through the City's web outlets from Thursday, July 27
through Thursday, August 4, 2021. Fifty-five percent (55%) of the public preferred Concept B.
Construction of the project will be phased over two fiscal years at a total estimated cost of $400,000.
Phase one will concentrate on connectivity, lighting, partial landscaping and the revamping the
existing plaza on the corner of Polk and Orange Avenues while Phase Two will concentrate on the
playground, shade shelter, landscaping and commemorative sculptures.
It is now incumbent upon City council to discuss and choose a concept which will move the Project
to final design to include construction documents.
Submitting Department Director: Gustavo Vergara Date: 8/6/21
Attachments: Park Redevelopment Concepts.
City of Cape Canaveral
City Council Meeting • August 17, 2021
Agenda Item # 11
Page 2 of 2
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/6/21
The City Manager recommends the City Council take the following action: Discuss and choose
a final design concept for the Veterans Memorial Park Redevelopment Project.
Approved by City Manager: Todd Morley Date: 8/6/21
Existing perimeter sidewalk to remain
Existing Butterfly Garden and associated circulation pathways to remain; butterfly
garden landscape plantings to be refreshed and enhanced
Proposed addition of connector pathway to primary circulation pathway
Proposed location for Veterans Memorial Park commemorative sculptures / artwork
• Sculptures / Artwork locations to include potential interpretive signage elements
for added history and educational moments throughout the park
Proposed "focal point" location for Veterans Memorial Park commemorative
sculptures / artwork placement
Proposed pedestrian bridge connection over dry stormwater pond from adjacent
Cape Canaveral Library welcome plaza space (requires removal of 2 sabal palms)
Proposed native landscape materials for accent planting beds on site:
Sabal palm, spartina grass, coontie palm, flrebush, yaupon holly, fakahatchee grass
Cape Canaveral
Library
sabal palm
coontie palm
yaupon holly
firebush
Dry stormwater pond to remain in place
Existing canopy trees to remain in place, typ.
Potential opportunities for integrated overhead tree "down -lighting" elements
Seating benches, with opportunities for overhead shade features
Proposed "Heroes Playground" - — — ° • 1,800 SF recreational playground space
• play elements for variety of age ranges
• surfacing opportunities include wood chips, rubberized mulch, Flexipave, etc.
• existing chess board to be removed
Storrrwater
Pond
Pollinator
Garden
TAYLOR AVE.
POLK AVE.
Veterans
Meadow
Gathering
Space
Heroes
Playground
Veteran
Plaza
1
Proposed location for picnic tables, typ.
Existing canopy trees to remain in place, typ.
Potential opportunities for integrated overhead tree "down -lighting" elements
Existing enhance sign to remain
Existing perimeter sidewalk to remain in place, typ.
Existing pentagon planter to be refreshed. Potential improvements include:
• Provide new surface veneer material on existing planter wall perimeter -or-
completely deconstruct and re -build planter wall
• Include additional decorative plaque for "Space Force" on planter wall
• Landscaping to be replaced and re-freshed with new material
• Three (3) flag poles to remain
Existing 'Veterans Plaza' concrete surfacing to be removed and replaced with
decorative hardscape pavers. Opportunities for commemorative "brick purchase"
program integration within Veterans Plaza plaza hardscape area.
Proposed primary circulation pathway
Curvilinear design connecting all proposed park elements
ADA Pathway material alternatives:
• standard concrete w/ salt rock finish, pervious concrete, Flexipave surfacing
concrete w/ salt rock finish
pervious Concrete
flexipave surfacing
Proposed location for Veterans Memorial Park commemorative sculptures / artwork
• Sculptures / Artwork locations to include potential interpretive signage elements for
added history and educational moments throughout the park
Existing canopy trees to remain in place, typ.
Potential opportunities for integrated overhead tree "down -lighting" elements
Proposed gathering space with seating wall
Potential location for "Veterans Memorial Park" entrance sign
Pathway / area lighting opportunities:
• Solar lighting bollards
• Solar light poles (w/ opportunities for commemorative veterans banners)
Dry stormwater pond and wall to remain in place
Proposed pedestrian bridge connection over dry stormwater swale area
CONCEPT SITE PLAN "A"
VETERANS MEMORIAL PARK
CAPE CANAVERAL, FL Kimley >>>Horn
[Rendering of Proposed Concept Site Plan "A"]
[Rendering of Proposed Concept Site Plan "A"]
[Rendering of Proposed Concept Site Plan "A"]
[Rendering of Proposed Concept Site Plan "A"]
Existing perimeter sidewalk to remain
Existing Butterfly Garden and associated circulation pathways to remain; butterfly
garden landscape plantings to be refreshed and enhanced
Proposed addition of connector pathway to primary circulation pathway
Proposed location for Veterans Memorial Park commemorative sculptures / artwork
• Sculptures / Artwork locations to include potential interpretive signage elements
for added history and educational moments throughout the park
Proposed "focal point" location for Veterans Memorial Park commemorative
sculptures / artwork placement
Proposed pedestrian bridge connection over dry stormwater pond from adjacent
Cape Canaveral Library welcome plaza space (requires removal of 2 sabal palms)
Proposed native landscape materials for accent planting beds on site:
Sabal palm, spartina grass, coontie palm, flrebush, yaupon holly, fakahatchee grass
Cape Canaveral
Library
sabal palm
coontie palm
yaupon holly
firebush
Dry stormwater pond to remain in place
Existing canopy trees to remain in place, typ.
Potential opportunities for integrated overhead tree "down -lighting" elements
Seating benches, with opportunities for overhead shade features
Proposed "Heroes Playground" - — — ° • 1,800 SF recreational playground space
• play elements for variety of age ranges
• surfacing opportunities include wood chips, rubberized mulch, Flexipave, etc.
• existing chess board to be removed
Storrrwater
Pond
Pollinator
Garden
TAYLOR AVE.
POLK AVE.
Veterans
Meadow
Gathering
Space
Heroes
Playground
Veteran
Plaza
1
Proposed location for picnic tables, typ.
Existing canopy trees to remain in place, typ.
Potential opportunities for integrated overhead tree "down -lighting" elements
Existing enhance sign to remain
Existing perimeter sidewalk to remain in place, typ.
Existing pentagon planter to be refreshed. Potential improvements include:
• Provide new surface veneer material on existing planter wall perimeter -or-
completely deconstruct and re -build planter wall
• Include additional decorative plaque for "Space Force" on planter wall
• Landscaping to be replaced and re-freshed with new material
• Three (3) flag poles to remain
Existing 'Veterans Plaza' concrete surfacing to be removed and replaced with
decorative hardscape pavers. Opportunities for commemorative "brick purchase"
program integration within Veterans Plaza plaza hardscape area.
Proposed primary circulation pathway
Curvilinear design connecting all proposed park elements
ADA Pathway material alternatives:
• standard concrete w/ salt rock finish, pervious concrete, Flexipave surfacing
concrete w/ salt rock finish
pervious Concrete
flexipave surfacing
Proposed location for Veterans Memorial Park commemorative sculptures / artwork
• Sculptures / Artwork locations to include potential interpretive signage elements for
added history and educational moments throughout the park
Existing canopy trees to remain in place, typ.
Potential opportunities for integrated overhead tree "down -lighting" elements
Proposed gathering space with seating wall
Potential location for "Veterans Memorial Park" entrance sign
Pathway / area lighting opportunities:
• Solar lighting bollards
• Solar light poles (w/ opportunities for commemorative veterans banners)
Dry stormwater pond and wall to remain in place
Proposed pedestrian bridge connection over dry stormwater swale area
CONCEPT SITE PLAN "A"
VETERANS MEMORIAL PARK
CAPE CANAVERAL, FL Kimley >>>Horn
[Rendering of Proposed Concept Site Plan "A"]
[Rendering of Proposed Concept Site Plan "A"]
[Rendering of Proposed Concept Site Plan "A"]
[Rendering of Proposed Concept Site Plan "A"]
[Rendering of Proposed Concept Site Plan "A"]
[Rendering of Proposed Concept Site Plan "A"]
[Rendering of Proposed Concept Site Plan "A"]
Existing perimeter sidewalk to remain
Existing Butterfly Garden and associated circulation pathways to be removed and
replaced with Veterans Garden Walk
Veterans Garden Walk pathway, 4' width, typ.
Proposed location for Veterans Memorial Park commemorative sculptures / artwork
• Sculptures / Artwork locations to include potential interpretive signage elements
for added history and educational moments throughout the park
Proposed "focal point" location for Veterans Memorial Park commemorative
sculptures / artwork placement
Proposed pedestrian bridge connection over dry stormwater pond from adjacent
Cape Canaveral Library welcome plaza space (requires removal of 2 sabal palms)
Proposed native landscape materials for accent planting beds on site:
Sabal palm, spartina grass, coontie palm, firebush, yaupon holly fakahatchee grass
Cape Canaveral
Library
Flrebush
sabal palm
coontie palm
yaupon holly
Dry stormwater pond to remain in place
Existing canopy trees to remain in place, typ.
Potential opportunities for integrated overhead tree "down -lighting" elements
Seating benches, with opportunities for overhead shade features
Proposed "Heroes Playground"
• 1,800 SF recreational playground space
• play elements for variety of age ranges
• surfacing opportunities include wood chips, rubberized mulch, Flexipave, etc.
• existing chess board to be removed
Stormwater
Pond
TAYLOR AVE.
POLK AVE.
Veterans
Garden Walk
Gathering
Space
Heroes
Playground
Veterans
Plaza
Proposed location for picnic tables, typ.
Existing canopy trees to remain in place, typ.
Potential opportunities for integrated overhead tree "down -lighting" elements
Existing enhance sign to remain
Existing perimeter sidewalk to remain in place, typ.
Existing pentagon planter to be refreshed. Potential improvements include:
• Provide new surface veneer material on existing planter wall perimeter -or-
completely deconstruct and re -build planter wall
• Include additional decorative plaque for "Space Force" on planter wall
• Landscaping to be replaced and re-freshed with new material
• Three (3) flag poles to remain
Existing 'Veterans Plaza' concrete surfacing to be removed and replaced with
decorative hardscape pavers. Opportunities for commemorative "brick purchase"
program integration within Veterans Plaza plaza hardscape area.
Proposed primary circulation pathway
Curvilinear design connecting all proposed park elements
ADA Pathway material alternatives:
• standard concrete w/ salt rock finish, pervious concrete, Flexipave surfacing
concrete W / salt rock finish
pervious Concrete
flexipave surfacing
Proposed location for Veterans Memorial Park commemorative sculptures / artwork
• Sculptures / Artwork locations to include potential interpretive signage elements for
added history and educational moments throughout the park
Veterans Garden Walk pathway, 4' width typ.
Existing canopy trees to remain in place, typ.
Potential opportunities for integrated overhead tree "down -lighting" elements
Proposed gathering space with seating wall
Potential location for "Veterans Memorial Park" entrance sign
Pathway / area lighting opportunities:
• Solar lighting bollards
• Solar light poles (w/ opportunities for commemorative veterans banners)
•
Dry stormwater pond and wall to remain in place
Proposed pedestrian bridge connection over dry stormwater swale area
CONCEPT SITE PLAN "B"
July 23, 2021
VETERANS MEMORIAL PARK
CAPE CANAVERAL, FL
Kimley>>>Horn
[Rendering of Proposed Concept Site Plan "B"]
[Rendering of Proposed Concept Site Plan "B"]
[Rendering of Proposed Concept Site Plan "B"]
[Rendering of Proposed Concept Site Plan "B"]
[Rendering of Proposed Concept Site Plan "B"]
[Rendering of Proposed Concept Site Plan "B"]