HomeMy WebLinkAboutcocc_council_mtg_packet_20221018CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
October 18, 2022
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.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS
All Agenda Section times are estimates and subject to change.
PRESENTATIONS/INTERVIEWS I 6:00 p.m. - 6:40 p.m.
Proclamation declaring November 7, 2022 as "Color the World Orange Day" in the City of Cape Canaveral,
presented to Janet Bernard.
Proclamation declaring November 1, 2022 as "National Family Literacy Day" in the City of Cape Canaveral,
presented to Julie Adamson.
Presentation to John Pekar in recognition of his 27 years of dedicated service, professionalism and guidance
as City Engineer for the City of Cape Canaveral.
Presentation by the Space Coast Transportation Planning Organization (SCTPO) on the Vision Zero initiative.
Presentation by ProChamps on year-end review of Short Term Rental Program.
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.
OLD BUSINESS I 6:55 p.m. — 7:15 p.m.
1. Consideration and final action on the Code Enforcement Special Magistrate's Report and
recommendation regarding a request for a lien reduction for violations at 321 Johnson Avenue.
2. Resolution No. 2022-15; providing for the division of vacant land owned by Mike and Collette
DiChristopher, husband and wife, and located at the eastern terminus of East Central Boulevard at
Ridgewood Avenue, Cape Canaveral, Florida (Existing Parcel IDs 24-37-14-51-9-21.01 and
24-37-14-51-9-21.02) into two (2) lots of record for development purposes; providing for the repeal
of prior inconsistent resolutions, severability, and an effective date.
CONSENT AGENDA I 7:15 p.m. - 7:20 p.m.
3. Approve the Meeting Minutes of the City Council September 6, 2022 Workshop, September 7, 2022
First Budget Hearing, September 21, 2022 Regular, and September 27, 2022 Emergency Meetings.
City of Cape Canaveral, Florida
City Council Regular Meeting October 18, 2022
Agenda • Page 2 of 2
4. Resolution No. 2022-26; reappointing Members to the Planning and Zoning Board of the City of
Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and a
retroactive effective date. (R. Lamar Russell and John Price)
5. Resolution No. 2022-27; adopting the goal of Vision Zero, advocating that no loss of life is
acceptable on our City streets; providing for the repeal of prior inconsistent resolutions, severability
and an effective date.
6. Approve Amendment No. 1 to Task Order No. 1 to MBV Engineering, Inc. in the amount of $40,100
for Construction Phase Engineering Services as part of the Water Reclamation Facility Structural
Buildings Project and authorize City Manager to execute same.
7. Approve Third Amendment to existing Interlocal Agreement for Stormwater Education and
Outreach with Brevard County including the City's annual contribution of $4,152 and authorize City
Manager to execute same.
8. Approve Sanitary Collection/Transmission System Evaluation Program Proposal from Tetra Tech in
the amount of $89,257 and authorize City Manager to execute same.
PUBLIC HEARINGS I 7:20 p.m. - 7:50 p.m.
9. a. Ordinance No. 17-2022; amending of the City's Sign Code related to Feather Flags;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the
Code, severability and an effective date, second reading.
b. Resolution No. 2022-25; amending Appendix B, Schedule of Fees of the City Code to
include a Permit Fee related to Feather Signs under Section 94-86 of the City Code; providing for
the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an
effective date.
10. Ordinance No. 18-2022; amending Chapter 102 — Vegetation, Article II. — Tree Protection;
providing for amendments to comply with State Law preemptions under Florida Statutes;
providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the
Code; severability and an effective date, second reading.
11. Ordinance No. 2022-20; adopting amendments to the Annual General Fund, Special Revenue
Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets
for the Fiscal Year beginning October 1, 2021, and ending September 30, 2022; providing for an
effective date, first reading.
INFORMATIONAL I Items are presented for informational purposes only; no action to be taken.
12. Monthly Financial Report — August 2022.
13. Consideration and adoption of the updated Vision Statement to include Council Member and
community feedback revisions.
REPORTS I 7:50 p.m. - 8:00 p.m.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that
person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In
accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is
accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Proclamation declaring November 7, 2022 as "Color the World Orange Day" in the City of
Cape Canaveral, presented to Janet Bernard.
Department: Legislative
Summary: Complex Regional Pain Syndrome (CRPS), also known as Reflex Sympathetic Dystrophy
(RSD) is a nerve disorder that causes chronic pain. The symptoms of CRPS/RSD are often described
as burning that is out of proportion to the severity of the initial injury and can include swelling and
extreme sensitivity to touch.
While CRPS/RSD was first identified during the Civil War, it remains a poorly understood condition
and there is no cure. The National Institute of Neurological Disorders and Stroke and other institutes
of the National Institutes of Health support research relating to CRPS/RSD.
Members of the CRPS/RSD community celebrate "Color The World Orange" day to spread
awareness of this poorly understood pain disorder, and November 7, 2022 will be the Ninth Annual
occurrence of the event.
Peg Schaller, owner of Ellie Mae's Tiki Bar, brought this event to the City's attention and the attached
Proclamation has been prepared by Staff for the City to acknowledge it.
Present this evening to receive the Proclamation is Janet Bernard, in her daughter Hannah's honor.
Submitted by: Mayor Morrison
Attachment: Proclamation
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Present Proclamation to Ms. Bernard.
Approved by City Manager: Todd Morley Date: 10/10/22
Official
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS, Complex Regional Pain Syndrome (CRPS), also known as
Reflex Sympathetic Dystrophy (RSD) is a nerve disorder that causes chronic
pain; and
WHEREAS, The symptoms of CRPS/RSD are often described as burning
that is out of proportion to the severity of the initial injury and can include
swelling and extreme sensitivity to touch; and
WHEREAS, While CRPS/RSD was first identified during the Civil War, it
remains a poorly understood condition and there is no cure; and
WHEREAS, The National Institute of Neurological Disorders and Stroke
and other institutes of the National Institutes of Health support research
relating to CRPS/RSD; and
WHEREAS, Members of the CRPS/RSD community will spread
awareness in November; and
WHEREAS, On November 7, 2022, members of the CRPS/RSD
community will celebrate the Ninth Annual Color The World Orange day to
spread awareness of this poorly understood pain disorder.
NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape
Canaveral, Brevard County, Florida, do hereby proclaim November 7, 2022
as
COLOR THE WORLD ORANGE DAY
in the City of Cape Canaveral.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Proclamation declaring November 1, 2022 as "National Family Literacy Day" in the City of
Cape Canaveral, presented to Julie Adamson.
Department: Legislative
Summary: National Family Literacy Day highlights the importance of reading and learning for the
entire family and emphasizes the impact that parents have on their child's learning. Established by
the 103rd Congress in 1994, it will be marking its 28th anniversary on November 1, 2022.
Celebrated across America each year, National Family Literacy Day focuses on special activities and
events that showcase the importance of family literacy programs that empower families and build
a nation of readers. As many as one in six adults struggle will reading and writing, and by learning
to read, individuals can gain self-respect and confidence and strive toward goals that otherwise
would not be achievable.
The National Society of the Daughters of the American Revolution (NSDAR) is a nonprofit,
nonpolitical volunteer women's service organization dedicated to promoting patriotism, preserving
American history, and securing America's future for children and adults. Education is one of the
cornerstones of NSDAR, which included a commitment to increasing literacy by promoting and
supporting literacy programs.
Present this evening to receive the Proclamation is Julie Adamson, representing the Cape Canaveral
Chapter of NSDAR.
Submitted by: Mayor Morrison
Attachment: Proclamation
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Present Proclamation to Ms. Adamson.
Approved by City Manager: Todd Morley
Official
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS, National Family Literacy Day, established by the 103rd Congress in
1994, and now marking its 28th anniversary on November 1, 2022, highlights the
importance of reading and learning for the entire family and emphasizes the impact that
parents have on their child's learning; and
WHEREAS, this day is celebrated across America each year, and focuses on special
activities and events that showcase the importance of family literacy programs that
empower families and build a nation of readers; and
WHEREAS, literacy programs across the United States will observe National Family
Literacy Day by holding read-a-thons, book drives, workshops and family activities at
schools, libraries and community centers to, encourage literacy; and
WHEREAS, as many as one in six adults struggle will reading and writing, and by
learning to read, individuals can gain self-respect and confidence and strive toward goals
that otherwise would not be achievable; and
WHEREAS, the National Society of the Daughters of the American Revolution is a
nonprofit, nonpolitical volunteer women's service organization dedicated to promoting
patriotism, preserving American history, and securing America's future through better
education for children and adults; and
WHEREAS, education being one of the cornerstones of the National Society of the
Daughters of the American Revolution, is committed to increasing literacy by promoting
and supporting literacy programs.
NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard
County, Florida, do hereby proclaim November 1, 2022 as
NATIONAL FAMILY LITERACY DAY
in the City of Cape Canaveral, and encourage residents to promote literacy by reading
together as a family, and to extend deep appreciation to our local librarians, educators,
and literacy providers for their tireless efforts to strengthen the literacy of our children
and our community.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation to John Pekar in recognition and appreciation of his 27 years of dedicated
service, professionalism and guidance as City Engineer for the City of Cape Canaveral.
Department: Legislative
Summary:
John is retiring this month and while we are sad to see that chapter close, we are happy that he is
opening a new one. He enters into that chapter having amassed a mountain of goodwill of his own
making. John started his work in the City of Cape Canaveral as a Principal in Stottler, Stagg &
Associates (SSA). After many years, when SSA closed its doors, John stayed on with the City of Cape
Canaveral, starting his own company. John has worked on innumerable projects in this City
throughout his years of service and has been an exemplar of excellence and dedication. His
knowledge and expertise led the City through many changes and challenges, from the 20th into the
21' Century.
John's proficiency in engineering has been a key factor in developing the City through the
residential construction boom of the 2000's, the uncertainty of the recession that followed, the
growth of the hotel industry, the little projects that made our residents' lives incrementally better
and the larger projects which changed the way we now look at Cape Canaveral. Throughout all of
his design work, he leaves his mark with his forward -thinking eye, commitment to innovation and
focus on sustainability.
John was all about Resiliency before Resiliency was cool. John leaves an enormous body of quality
work that serves as an example for generations of City Engineer's to come. There can be no better
legacy to the community he truly cares about.
Submitting Council Member: Mayor Morrison
Attachment: None
Financial Impact: Cost of Plaque funded by the General Fund; Staff time and effort to prepare this
agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Present retirement plaque to City Engineer John Pekar.
Approved by City Manager: Todd Morley
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation by the Space Coast Transportation Planning Organization (SCTPO) on the
Vision Zero initiative.
Department: Community and Economic Development
Summary: On September 9, 2022, Kim Smith, the Education and Safety Coordinator for the SCTPO
Vision Zero Project sent an email to the City Clerk requesting time during the October 18, 2022
Council Meeting to make a presentation on the Vision Zero initiative and for the Council to consider
adopting a supportive resolution.
The SCTPO is an organization established under Section 339.175, Florida Statutes, to coordinate
transportation planning and finance throughout Brevard County. The City participates in that effort
along with the City of Cocoa Beach by an Interlocal Agreement the "North Beaches Coalition", which
allows the sharing of a voting delegate seat to the SCTPO Governing Board. Council Member Willis
is currently the City's representative on the SCTPO Board.
According to the SCTPO website, in the 5-year span between 2014-2018, 412 individuals died and
2,931 were severely injured while driving, biking, walking, or riding a motorcycle in Brevard County.
These traffic fatalities and injuries can no longer be accepted as the status quo.
Vision Zero is based on the philosophy that traffic fatalities and serious injuries are preventable and
the only acceptable number of traffic fatalities and serious injuries is zero. It goes on to say that
Vision Zero requires a fundamental change in the way we think about traffic safety and planning.
Vision Zero is a data driven, multi -disciplinary approach bringing together diverse and necessary
stakeholders to address this complex problem.
SCTPO Staff will provide an overview of the initiative and be available for any questions. A separate
agenda item will be presented for Council consideration of an accompanying resolution.
Submitting Department Director: David Dickey
Attachment:
None
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Receive Presentation.
Approved by City Manager: Todd Morley Date: 10/11/22
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation by ProChamps on year-end review of Short -Term Rental Program.
Department: Community and Economic Development
Summary: On July 20, 2021, the Council approved an Agreement (Attachment 1) with Property
Registration Champions, LLC (dba as ProChamps) (PRC) to administer the City's Vacation Rental
program as contained in Ordinance No. 10-2021. The Agreement had an effective date of October
1, 2021. To provide the Council with appropriate criteria to review the results of the program over
the first year, please refer to the deliverables included in the Agreement and the Scope of Work
(see Exhibit A to Attachment 1).
In summary, Agreement highlights:
1. PRC will identify and collect owner information of all Vacation Rentals operating within the
City limits, through on -going, regular web searches.
2. PRC will provide Staff access to detailed reports of all Vacation Rental properties in the City
to include ownership, compliance outreach, registration data, payments and compliance
status.
3. PRC will proactively conduct a registration outreach program to contact Vacation Rental
owners within the City to educate them about the City's program and code requirements.
4. When a property is determined to be operating in violation of the City's Vacation Rental
regulations, an automatic email will be sent to the property owner and Staff, informing them
of the violation.
5. Fee Structure — PRC shall retain $100.00 for each annually collected Vacation Rental unit
registration. PRC shall retain 20 percent (20%) of all late fees. PRC shall be responsible for
the collection of all fees and shall forward the City's portion no later than the 15th of each
month. The proposed fee structure results in no "out-of-pocket" cost to the City for
implementation of the program. A companion resolution (Resolution No. 2021-09) will be
presented to the Council to establish the fees associated with the registration system.
6. Website — PRC will maintain a website that will direct Vacation Rental owners to a hyperlink
where they can electronically register units as well as pay applicable fees.
7. Term — the Agreement shall terminate two (2) years from the Effective Date with an option
for automatic one (1) year renewals.
8. Termination —the Agreement may be terminated by either party with or without cause upon
thirty (30) calendar day written notice.
9. PRC shall operate and maintain a resident Hotline to provide live support 8:30 am to 5:00
pm, EST, Monday through Friday. Email support will be available 24/7/365.
10. Consistent with SB 60, which went into effect on July 1, 2021, anonymous code enforcement
complaints submitted via the PRC platform, will not be investigated.
11. Vests authority with the City to audit PRC records at any time during normal business hours,
as often as deemed necessary by the City.
12. PRC will scrape multiple web sites multiple times per week to collect any and all evidence
showing failure to register the Vacation Rental unit and any and all evidence of violations
of the city's Vacation Rental requirements.
13. PRC will collect evidence of violations of the City's regulatory requirements, including the
7-day minimum stay requirement, and notify any property owner/responsible party of their
City of Cape Canaveral
City Council Meeting • October 18, 2022
Presentations/Interviews
Page 2 of 2
obligation to stay within the community's 7-day minimum stay requirement. The City will
have access to all property owners/responsible parties who have been notified of this
violation through the PRC platforms reporting system. Additionally, the City will receive
electronic communication for each notification sent.
At its August 16, 2022 Regular Meeting, Council reached consensus for ProChamps to provide a
year-end review presentation at the October 18, 2022 Council Meeting. A ProChamps
representative will be in attendance to provide the requested presentation as well as be available
for any questions.
Submitting Department Director: David Dickey
Attachment:
Property Registration Champions, LLC Agreement
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Receive Presentation.
Approved by City Manager: Todd Morley Date: 10/10/22
AGREEMENT BY AND BETWEEN
THE CITY OF CAPE CANAVERAL
AND
PROPERTY REGISTRATION CHAMPIONS, LLC
(VACATION RENTAL PROGRAM)
This Agreement is made as of this 2nd day of August , 2021 by and between
PROPERTY REGISTRATION CHAMPIONS, LLC a Florida limited liability company, with
offices at 2725 Center Place, Melbourne, Florida 32940 (hereinafter "PRC, and the CITY OF
CAPE CANAVERAL" a Florida municipal corporation, with an address at 100 Polk Avenue,
Cape Canaveral, Florida 32920 ("City").
WITNESSETH:
WHEREAS, because of an overwhelming number of vacation rental properties operating
within the City of Cape Canaveral, the City has recently initiated a vacation rental registration
requirement effective October 1, 2021, and now requires an electronic system of registering and
monitoring vacation rentals for purposes of requiring compliance with the City's Vacation Rental
Ordinance No. 10-2021, (the "Ordinance") and other applicable City regulations; and
WHEREAS, PRC proposed for the City's use an electronic vacation rental registration and
monitoring system that is funded based on PRC's efforts to successfully register vacation rentals
as required by the Ordinance; and
WHEREAS, in furtherance of implementing the Ordinance, which becomes effective
October 1, 2021, the City desires to enter into this Agreement with PRC in order to provide
electronic vacation rental registration and monitoring services authorized pursuant to the
Ordinance; and
WHEREAS, PRC shall also provide City with administrative Payment Assistance Services
("PAS") if requested by the COMMUNITY to facilitate payment of late fees, charges, fines and
penalties as defined under the City's Ordinance from Registrants or other responsible parties to
help the City fulfill the purpose and goals ofthe Ordinance;
NOW THEREFORE, in consideration of the mutual covenants contained herein, and
for other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
City of Cape Canaveral
Vacation Rental Agreement
Page 2 of 15
1. Recitals. The foregoing recitals are deemed to be true and accurate and are fully
incorporated herein by this reference.
2. PRC Responsibilities ("Vacation Rental Services").
A. PRC shall proactively perform the scope of services as more specifically
set forth in EXHIBIT "A" which is attached hereto and fully incorporated
by this reference.
B. PRC shall provide the scope ofservices by electronic means in order to enable
the City to evaluate and determine whether or not vacation rental owners and
occupants are in compliance with the Ordinance. The vvebsite will direct
registrants to the City's website, and further direct traffic, via a hyperlink to
vvww.ProChamps.com. The website at www.ProChamps.com. will allow
vacation rental owners to register vacation rental units to comply with the
Ordinance. PRC will provide the City with electronic reporting of vacation
rentals within the City of Cape Canaveral.
C. PRC shall investigate, report, or take corrective measures on a time|y and
regular basis to update the database of all vacation rental units within the City
of Cape Canaveral that are required to electronically registered in compliance
with the Ordinance.
D. PRC shall pay for all expenses related to registration and electronically
monitoring on the internet all vacation rentals within the City of Cape
Canaveral, and all administrative costs and fees related thereto.
For performance of the scope of services required by this Agreement, PRC shall
retain One Hundred Dollars ($100.00) for each collected annual vacation rental
registration fee imposed by the City ("Registration Fee"). PRC shall forward
payment of the City's portion of the Registration Fee to the City's Finance
Department no later than the 15th day of each month during the Term of this
Agreement.
F. In the event the Ordinance requires payment of late fees as part of the
registration nequ/renoents. PRC shall collect all applicable late fees, retaining
twenty percent (20%) of the late fee, and remitting the balance to the City
pursuant to the monthly remittance schedule as stated in 2(E).
City ofCape Canaveral
Vacation Rental Agreement
Page 3 of 15
G. To the extent required by the City, PRC shall execute the City's vvebsite link
agreement and meet all City IT security, and anti -viral requirements.
(hereinafter "Services")
3. Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, PRC agrees to the fullest extent permitted by law, to indemnify and hold harmless
the City, its employees, attorneys and officers, from and against all claims, losses, damages,
personal injuries (including but not limited to death)' or liability (including reasonable attorney's
fees), directly or indirectly arising from, or out of the following: (a) the acts, errors, omissions,
intentional or otherwise, arising out of or resulting from PRC's and its employees, partners,
contractors' and agents performance of the Services and work being performed under this
Agreement and (b) PRC's, and its employees, partners, contractors, and agents failure to comply
with the provisions ofany federal, state' or local |aws, ordinance' or regulations applicable to
PRC's and its employees, partners' contractors' and agents performance under this
Agreement.
The indemnification provided above shall obligate PRC to defend at its own expense or
toprovide for such defense, atthe option ofthe City, ofany and all claims ofliability and all
suits and actions of every name and description that may be brought against the City or its
employees and officers which may result from the Services performed under this Agreement
whether the Services are performed by the PR[, its employees, contractors, partners and
agents oranyone directly orindirectly employed by PR[. In all events, the City shall be
permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable
and subject tnand included with the indemnification provided herein.
4. Term. This Agreement will terminate two (2) years from the effective date of the
Ordinance which is October 1. 2021 ("Term"). In addition, the parties may agree that this
Agreement will automatically annually renew on October 1st for successive one (1) year
terms unless either party gives the other party written notice of termination at least thirty
(30) calendar days prior to the end of the relevant term.
5. Termination. Notwithstanding the term set forth in Paragraph 4, this Agreement may
be terminated by either Party with or without cause' immediately upon thirty (30) calendar
days written notice. Upon termination by City. PRC shall cease all work performed and
In the event of termination of this Agreement, any reports, records, documents,
City of Cape Canaveral
Vacation Rental Agreement
Page 4 of 15
forms, and other data and documents prepared by PRC whether finished or unfinished shall
be delivered by PRC to the City Manager within seven (7) business days of termination of
this Agreement by either party. Any compensation due to PRC shall be withheld until all
documents are received as provided herein.
6. Agreement Documents. City Ordinance No. 10-2U21isattached hereto asEXHIBIT
"B" and incorporated herein by this reference, and may be amended by the City, by
ordinance, at any time. The City will provide PRC a copy of any modification ordinances
adopted by the City Council and said ordinances shall likewise be incorporated herein by
this reference.
7. Insurance. PRC shall provde, and maintain in force at all times, during the
Agreement with the City, such insurance, including Workers' Compensation and Employers
Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability
Insurance and Errors and Omissions Insurance as will assure to City the protection contained
in the foregoing indemnification undertaken by PRC.
A. General Liability Insurance: PRC shall purchase and maintain, at its own
expense, such general liability insurance to cover claims for damages because
of bodily injury or death of any person or property damage arising in any
way out of the progranns, functions, and services performed by PRC and its
authorized contractors under this Agreement. The insurance shall have
nnininnunn limits of coverage of $1,000,000 per occurrence combined single
limit for bodily injury liability and property damage liability.
B. Workers' Compensation insurance of not less than the statutory limits with
$100,000 Employers Liability.
C. Business Auto Liability coverage is to include bodily injury and property damage
arising out of operation, maintenance or use of any auto, including owned, non -
owned and hired automobiles and employee non -ownership with limits of not
less than $1.000,000 per occurrence.
D. Errors and Omissions Insurance limits of liability provided by such policy shall
be no less than $1.000,000 to assure City the indemnification specified herein.
E. All insurance coverage shall be insurer(s) approved by the City Manager and
City ofCape Canaveral
Vacation Rental Agreement
Page 5 of 15
licensed by the state of Florida to engage in business of writing of insurance.
The City shall be named on the foregoing insurance policies as "additional
insured." PRC shall cause its insurance carriers to furnish insurance certificates
and endorsements specifying the types and amounts of coverage and effect
pursuant hereto' the expiration date on such po|ides, and the statement that
no insurance under such policies will be cancelled without thirty (30) days prior
written notice to the City in compliance with other provisions of this Agreement.
PRC shall be solely responsible to pay any deductible, if any, relating to any
claim made against the insurance coverages and policies provided under this
Agreement. If the City has any objection to the cove/age afforded by o/ other
provision of the insurance required to be purchased and maintained by PRC in
accordance with this paragraph on the basis of its not complying with the
Agreement, the City shall notify PRC in writing thereof within thirty (30) days of
the date ofdelivery ofsuch certificates and endorsements to the City. For all
programs, functions, and se/vices permitted and occurring under this
Agreement, including any and all programs, functions, and services provided
and performed by PRC and by authorized cont/actors' PRC shall continuously
maintain such insurance in the amount, type, and quality as required by this
Agreement.
8. Confidential Information.
A. Confidential Information shall mean non-public information of a party to this
Agreement which the City is not required by the Florida Public Records Act,Ch.119,
Florida Statutes, to publicly disclose for inspection and copying. Confidential
Information of PRC includes its proprietary software and algorithms, methods,
techniques, and processes revealed by the Software that constitute a trade secret
as defined in Section 812.081, Florida Statutes, and as provided for in Sections
815.O4(3) and 815.O45, Florida Statutes. Confidential Information does not include
information that: (1) is or becomes known to the public without fault or breach of
the receiving party; (2) the disclosing party regularly discloses to third parties
without restriction on disclosure; or (3) the receiving party obtains from a third party
without restriction on disclosure and without breach of written non -disclosure
obligation. Further, the parties agree that Confidential Information does not include
data stoned within the PRC's proprietary software or any input and/or output
City of Cape Canaveral
Vacation Rental Agreement
Page 6 of 15
sensory displays of or from the proprietary software.
B. Each party agrees to keep confidential and not disclose to any third party, and to
use only for purposes of performing or as otherwise permitted under this
Agreement, any Confidential Information.
9. Public Records. Pursuant to Section 119.0701, Florida Statutes and other applicable
public records laws, PRC agrees that any records, documents, transactions, writings, papers,
letters, computerized information and programs, maps, books, audio or video tapes, films,
photographs, data processing software, writings or other nnateria|(s), regardless of the physical
form, characteristics, or means of transmission, of PRC related, directly or indirectly, to the
services provided to the City under this Agreement and made or received pursuant to law or
ordinance or in connection with the transaction of official business by the City, may be deemed
to be a public record, whether in the possession or control of the City or the PRC. Said records,
documents, transactions, writings, papers, letters, computerized information and programs,
maps, books, audio or video tapes, films, photographs, data processing software, writings or
other material(s), regardless of the physical form, characteristics, or means of transmission of PRC
are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without
the specific written approval of the City's designated custodian of public records.
IF THE PRC HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER119, FLORIDA
STATUTES, TO THE PRC'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321)
868-1220,cityclerk@cityofcapecanaveral.org,P.O. Box 326,Cape Canaveral, FL 32920.
PRC is required to and agrees to comply with public records laws. PRC shall keep and maintain
all public records required by the City to perform the services as agreed to herein. PRC shall
provide the City, upon request from the City Clerk, copies of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided by law. PRC shall ensure that public records that are exempt orconfidential and
exempt from public records disclosure requirements are not disclosed except as authorized by
|aw for the duration of the Agreement term. Upon completion of the Agreement, PRC shall
transfer to the City, at no cost, all public records in possession of the PRC provided the transfer
is requested in writing by the City Clerk. Upon such transfer, PRC shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
City of Cape Canaveral
Vacation Rental Agreement
Page 7 of 15
requirements. However, if the contractor keeps and maintains public records upon completion
of the contract, the PRC shall continue to keep and maintain the public records upon completion
ofthe Agreement and shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the City, upon request from the City Clerk, in
a format that is compatible with the information technology systems of the City. Should the
City not possess public records relating to this Agreement which are requested to be inspected
or copied by the City or any other person, the City shall immediately notify PRC of the request
and the PRC shall then provide such records to the City or allow the records to be inspected or
copied within a reasonable time. If the PRC does not comply with a public records request, the
City may enforce this Section tnthe extent permitted bylaw. PRC acknowledges that if the PRC
does not provide the public records to the City within a reasonable time, the PRC may be subject
to penalties under Section 119.10., Florida Statutes. The PRC acknowledges that if a civil action
is filed against the PRC to compel production of public records relating to this Agreement, the
court may assess and award against PRC the reasonable costs of enforcement, including
reasonable attorney fees if the court determines that PRC unlawfully refused to comply with the
public records request within a reasonable time; and at least eight (8) business days before filing
the action, the plaintiff provided written notice of the public records request' including a
statement that the PRC has not complied with the request to the City and to PRC. A notice
complies with this section if it is sent to the City's custodian of public records and to PRC at
PRC's address listed on its contract with the City or to PRC's registered agent. Such notices must
be sent by common carrier delivery service or by registered' Global Express Guaranteed or
certified mail, with postage or shipping paid by the sender and with evidence of delivery, which
may be in an electronic format. PRC shall not liable for the reasonable costs of enforcement if
PRC complies with a public records request within eight (8) business days after the notice is sent.
All public records in connection with this Agreement shall, at any and all reasonable times during
the normal business hours of the PRC, be open and freely exhibited to the City for the purpose
ofexamination, audit, or otherwise. Failure by PRC to grant such public access and comply with
public records laws and/or requests shall begrounds for immediate unilateral cancellation of
this Agreement by the City upon delivery of written notice of cancellation. If the PRC fails to
comply with this Section, and the City must enforce this Section, or the City suffers a third party
award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to
PRC's failure to comply with this Section, the City shall collect from PRC prevailing party
attorney's fees and costs, and any damages incurred by the City, for enforcing this Section
against PRC. And, if applicable, the City shall also be entitled to reimbursement of all attorneys'
fees and damages which the City had to pay a third party because of the PRC's failure to comply
City of Cape Canaveral
Vacation Rental Agreement
Page 8 of 15
with this Section. The City agrees to indemnify and hold harmless the PRC, its employees,
attorneys and officers, from and against all claims, losses, damages, or liability (including
reasonable attorney's fees), directly or indirectly arising from, or out of the City's failure to
produce to a requestor public records which the PRC timely provided to the City for production
to such requestor in response to a request to inspect or copy public records relating to this
Agreement. The terms and conditions set forth in this Section shall survive the termination of
this Agreement.
10. Audit and Inspection.
A. All PRC's records with respect to any matters covered by this Agreement shall
be made available to the City, at any time during normal business hours, as
often as the City deems necessary, to audit examine, and make excerpts or
transcripts of all relevant data in order to determine PRC's compliance with the
terms and conditions of this Agreement. Any deficiencies noted in audit reports
must be fully cleared by PRC vvithin thirty (3O) days after receipt by PRC. Failure
of PRC to comply with the above audit requirements will constitute a material
breach of this Agreement and may result, at the sole discretion of the City, in
the termination of this Agreement. Any incomplete or incorrect entry in PRC's
records shall be a basis for the City's disallowance and recovery of any payment
upon such entry.
B. In addition. PRC shall respond to the reasonable inquiries of any successor
companies and allow such successor companies to receive records relating to
matters of continuing significance to the City. In addition, PRC shall provide a
complete copy of all records to the Oty, prior to any final payment, in
accordance with this Agreement.
11. Provision of Services iaePrivate Undertaking. With regard toany and all Services
performed hereunder, it is specifically understood and agreed to by and between the parties
hereto that the contractual relationship between the City and PRC is such that PRC is an
independent contractor and not an agent of the City. PRC its members, employees,
contractors, partners, agents, and their employees are independent contractors and not
employees of the City. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of an independent contractor, between the City and PRC, its
rnernbers, contractors, partners, ernp|oyees, or agents, during or after the performance of
City of Cape Canaveral
Vacation Rental Agreement
Page 9 of 15
the Services under this Agreement.
This Agreement shall not be construed as creating any joint employment relationship
between PRC and the City and the City will not be liable for any obligation incurred by PRC,
including but not limited to unpaid minimum wages and/or overtime premiums.
12. Notices. Whenever any party desires to give notice unto any other party, it must be
given by written notice, sent by registered United States mail, with return receipt requested,
hand delivery or facsimile transmission with receipt of delivery, addressed to the party for
whom it is intended and the remaining party, at the places last specified, and the places for
giving of notice shall remain such until they shall have been changed by written notice in
compliance with the provisions of this section. Notice shall be deemed to have been given
upon receipt. For the present PRC and the City designate the following as the respective
places for giving of notice:
City: City of Cape Canaveral
Attention: Todd Morley
100Polk Avenue
P.O. Box 326
Cape Canaveral, Florida
32920
(321) 868-1220
Copy To: Anthony A.Ganganese, City Attorney
Garganese', Weiss, D'Agresta & Salzman, P.A.
111 North Orange Avenue, Suite 2000
P.C).Box 2873
Orlando, Florida 328O1
(407) 435-9566
PRC: David Mulberry, President/CIO
Property Registration Champions, LLC
2725 Center Place
Melbourne, Florida 32940
(331) 421-6639
13. Assignment. This Agreement, or any interest herein, shall not be assigned,
City of Cape Canaveral
Vacation Rental Agreement
Page 10 of 15
transferred orotherwise encumbered, under any circumstances, by PRC without the prior
written consent of the City.
14. Amendment. It is further agreed that no rnodification, amendment or alteration in
the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
15. Contingent Fees. The parties acknowledge that there are no contingent fees payable
or owed under this Agreement.
16. Binding Authority. Each person signing this Agreement on behalf ofeither party
individually warrants that he or she has full legal power to execute this Agreement on behalf
of the party for whom he or she is signing, and to bind and obligate such party with respect
to all provisions contained in this Agreement.
17. Laws and Ordinances. PRC shall observe all laws and ordinances of the City, county,
state, federal or other public agencies directly relating to the Services being conducted
pursuant to this Agreement.
18. Equal Employment Opportunity. In the performance of this Agreement, PRC shall
not discriminate against any firm, employee orapplicant for employment or any other firm
or individual in providing services because of sex, age, race, color, religion, ancestry o/
national origin.
19. Waiver. Any failure by City to require strict compliance with any provision of this
Agreement shall not be construed as a waiver of such provision, and City may subsequently
require strict compliance at any time, notwithstanding any prior failure to do so.
20. Severability. If any provision of this Agreement or application thereof to any person
or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those
as to which it shall have been held invalid or unenforceable shall not be affected thereby,
and shall continue in full force and effect and be enforced to the fullest extent permitted
by|aw.
21. Choice of Law, Venue. This Agreement has been made and entered into in the State
City of Cape Canaveral
Vacation Rental Agreement
Page11 of 15
of Florida, County of Brevard, and the laws of the State of Florida shall govern the validity
and interpretation of this Agreement and the performance due hereunder. The parties agree
that venue shall be exclusively in Brevard County, Florida, for all state court actions or disputes
which arise out of or based upon this Agreement, and in Orlando, Florida for all federal court
actions or disputes which arise out of or are based upon this Agreement.
22. Attorney's Fees. Except as otherwise provided by law, should either party bring an action
to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses
of such action including, but not limited to, reasonable attorney's fees, whether at settlement,
trial or on appeal.
23. Entire Agreement. This Agreement represents the entire and integrated agreement
between the City and the PRC and supersedes all prior negotiations, representations or
agreements, either written or oral.
24. Sovereign Immunity. The City intends to avail itself of the benefits of Section 768.28,
Florida Statutes and any other statutes and common |avv governing sovereign immunity to
the fullest extent possible. Neither this provision nor any other provision of this Agreement
shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28,
Florida Statutes, or other limitations imposed on the [ity's potential liability under state or
federal law. PRC agrees that City shall not be liable under this Agreement for punitive
damages or interest for the period before judgmenL Further, City shall not be liable for any
claim or judgment, or portion thereof, to anyone person for over two hundred thousand
dollars ($200,000), or any claim or judgment, or portion thereof, which, when totaled with
all other claims or judgments paid by the State or its agencies and subdivisions arising out
of the same incident or occurrence, exceeds three hundred thousand dollars ($300.000).
Nothing in this Agreement is intended to inure to the benefit of any third party for the
purpose of allowing any claim which would otherwise he barred under the doctrine of
sovereign immunity or by operation of law. This paragraph shall survive termination of this
Agreement.
25. No City Obligation for Funds. No provision in this Agreement shall be construed as
requiring the City to provide any funds to PRC.
26. Headings. All headings in this Agreement are for convenience only and shall not be
used to interpret or construe its provisions.
City of Cape Canaveral
Vacation Rental Agreement
Page 12 of 16
27. No Joint Venture. No provision contained herein shall be construed as creating a joint
venture between the parties.
28. Professionalism and Standard of Care. PRC shall do, perform and carry out in a
professional manner all Services required to be performed by this Agreement. PRC shall also use
the degree of care and skill in performing the Services that are ordinarily exercised under similar
circumstances by reputable members of professional service providers working inthe same or
similar locality as PRC.
29. City Logo. The City shall provide PRC a copy of the City's logo to be used only for
purposes of providing the Services required by Paragraph 2 of this Agreement. The City reserves
the right to suspend or terminate PRC's use of the City's logo at any time. No other use of the
City's logo shall be permitted without the express written consent of the City.
30. Limitations of Liability. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS,
REVENUE, DATA, OR DATA USE.
31. Integration. The drafting, execution, and delivery of this Agreement by the parties have
been induced by no representations, statements, warranties, or agreements other than those
expressed herein This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the
parties relating to the subject matter hereof unless expressly referred to herein.
IN WITNESS WHEREOF, this Agreement is entered into as of the day and year the last
party signs this Agreement as stated below.
ATTEST:
Mia Goforth, City Clerk
CITY OF CAPE CANAVERAL
By: Todd Morley, City Manager
Date Approved by the City Council:
8/2/21
City of Cape Canaveral
Vacation Rental Agreement
Page 13 of 15
PROPERTY REGISTRATION CHAMPIONS, LLC.
By: David Mulberry, President/CIO
Date: 7/30/2021
City of Cape Canaveral
Vacation Rental Agreement
Page 14 of 15
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT "A"
PROCHAMPS
6 step process for managing the
Short -Term Rental Property Registration Program
for the City of Cape Canaveral, FL
Identify
• Collect and Review Property Evidence
• Report on Identified Short-Term Rental Property
Risks
Contact
Once identifed PROCHAMPS will contact all
responsible parties with an obligation to register.
• PROCHAMPS will ensure, for all identified STR
properties, that we maintain accurate and current
Owners contact information for compliance out-
reach activities.
Collect
• Collect all registration fees, fines and.
late fees on behalf of the community.
PROCHAMPS will remit all collected registra-
tion fees, fines and late fees back to the commu-
nity in the form of a monthly remittance check.
Enforce
• Determine Properties Eligible for
Enforcement.
• Track enforcement cases &. mile-
stones.
Monitor
Analyze Property Risk and Compliance
Trends.
View Current Property Risk and Compliance
Status.
Support
• Support- is provided to City Staff by offering
•training of the system, web meetings, support
tickets, and live chat options,
• PROCHAMPS provides a 24/7/365 Hot Line for
resident complaints and concerns upon request.
SCOPE OF WORK
EXHIBIT A
Scope of Services
PROCHAMPS:
Prochamps commits to the following understanding and scope of services:
1. Will operate a Hotline to receive non -anonymous resident concerns and report those concerns to the appropriate
designee as directed by the community. Anonymous concerns will not be acted upon.. Those contacts may include but
not be limited to the owner/property manager, code enforcement, and/or Police/Sheriff. In addition, the complaint is
stored in our system with the remainder of the property detail information..
2. Shall follow the requirements of the City Code.
3. Will execute a Website Link .Agreement with the City and meet all the City security and anti -virus requirements.
4. Will be able to accept registrations within 30 days and pay all related expenses and administrative costs.
5. Will proactively contact those that are subject to the City's Code via email, postcard or letter applicable to type
of "At-Risk" property and responsible parties.
6. Will provide electronic registration for parties responsible for registering subject to the City Code.
7. Will investigate, report, or take corrective measures monthly to update property status of ad subject property.
electronically registered and in compliance vvith the relevant Code, it is understood that court actions are administered
and prosecuted by the City and PROCHAMPS may assist, if desired, for additional revenue sharing.
8. Will continue to charge each applicant no more than the amount prescribed. by the ordinance (per property) to
register all responsible parties who comply with the ordinance.
9. Will remit the agreed upon portion of the unearned registration fee, in consideration of the services provided,
and provide the prior month's reports, no later than the fifteenth (15th) day of each month to the designated party within
the City.
10. Understands .that all information collected by PROCHAMPS from registering parties in connection with the
registration of a property shall be the property. of City, and shall be provided to City within seven (7) business days,
upon the City's request and /or upon the termination of this agreement.
11. Understands that the City shall not be responsible for any fees associated with obtaining Responsible Party
information pursuant. to the Registry.
SCOPE OF WORK
12. Understands that the City shall have the right to audit the books„ records, and accounts that are related to the
agreement upon 15 days written notice to PROCHAMPS.
13. Will load all real properties with current owner info as tracked by the property appraiser and tax assessor
within Cape Canaveral.. e collect evidence to determine if a property is an STR, then confirm ownership and
owner contact information before sending compliance outreach.
14. Will provide detailed reports to Cape Canaveral of all STR listing evidence collected, properties identified,
compliance outreach, disputes, registration data and payments and compliance status. (Disputes - are initiated when
the responsible party disagrees with their obligation to register. The responsible party has the option to register,
dispute or request and an exemption when completing their registration form. All information related to a dispute
will be reported to the community .for their opportunity to accept or decline the request to dispute.)
15. Will collect evidence, identify and notify any unregistered STR properties with an obligation to register as
well as those properties in violation of the community's regulatory requirements. Through the STR platform the
community has access to the listing report for all non -compliant properties and owner information. Additionally, we
electronically notify the community each time evidence of a new non -compliant property is located and each time
evidence is collected that a non -compliant property or a registered property is in violation of the city's regulatory
requirements. Reports shall be in a printable format, and suitable for use as evidence to support city code
enforcement efforts.
16. For the life of our contract we will scrape .multiple web sites multiple times per week to collect any and ail
evidence showing failure to register the STR. unit and any and all evidence of violations of the city's regulatory.
requirements.
In the event the City uses PROCHA.MPS' Payment Administrative Services for enforcement, PROCHAMPS will
provide detailed tracking of the milestones to include when enforcement starts, when the certified notice of
violation is sent/delivered, when the hearing is conducted, what is the outcome and any settlement. PROCHAMPS
will also track all the evidence making up the case for enforcement.
17. We collect evidence of violations of the community's regtilatory requirements, including the 7-day
minitnum stay requirement, and notify any property owner/responsible party of their obligation to stay within the
community's 7-day minimum stay requirement, The community will have access to all property owners/responsible
parties who have been notified of this violation through our platforrms reporting system. Additionally, the
community will receive electronic communication for each notification sent.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 1
Subject: Consideration and final action on the Code Enforcement Special Magistrate's Report and
recommendation regarding a request for a lien reduction for violations at 321 Johnson Avenue.
Department: Community and Economic Development
Summary: This item appeared on the Council's July 19, 2022 Regular Meeting agenda; however,
the applicant for the lien reduction was not in attendance, as proper written notification of the
meeting was not provided. Per Sec. 2-260 (g)(2) of City Code, the applicant shall have the right to
provide any other additional and necessary relevant information or testimony to the Council during
its consideration of the application. Due to the lack of notice, this did not occur.
To remedy this, the applicant was mailed a certified letter subsequent to the July 19, 2022 Council
Regular Meeting, notifying him that the application would be considered by the Council at its
August 16, 2022 Regular Meeting. In addition, the applicant's counsel was mailed and emailed the
notice. However, due to a large resident turnout regarding other items at the August 16, 2022
Meeting, the applicant and City Attorney agreed to continue the item to the October 18, 2022
Meeting.
At the May 24, 2022 Special Magistrate (SM) hearing, Case No. 2017-179 was presented and
considered by the SM. The application was for a Reduction of Code Enforcement Lien for property
located at 321 Johnson Avenue, owned by Oceanside Palms, Inc., C/O Jeffery Wells, Manager. In his
Report and Recommendation, the SM recommends that the City Council deny the request for lien
reduction (Attachment 1). The exhibits associated with Attachment 1 are on file at City Hall and are
available to the public via the City's Laserfiche portal.
Background
• September 20, 2017 - a City building permit was applied for to repair structural truss
components due to Hurricane Irma. However, the permit was not processed as these type
of improvements required engineered drawings, which were not provided.
• September 26, 2017 - City Staff observed the replacement of roof trusses without a permit
or required engineered drawings.
• September 27, 2017 - the City placed a Stop Work Order on the property.
• November 27, 2017 - a second Stop Work Order was placed on the property as the first one
had been removed and there was continued non -permitted work.
• February 5, 2018 — City issued Permit #18-0508 for emergency, temporary repair work to
the damaged portion of the roof (on August 4, 2018, this permit expired without Applicant
requesting or obtaining a final inspection).
• April 23, 2018 — Staff was notified that the roof had collapsed in Unit A-10, which is located
directly beneath the roof partially repaired without a permit. Tarpaper had been installed,
however, no shingles were installed in the seven months since the hurricane.
• April 24, 2018 — Staff met with applicant to inform them that work associated with the permit
had not been completed.
• June 6, 2018 — Staff received another complaint about an additional roof collapse in another
unit.
City of Cape Canaveral
City Council Meeting • October 18, 2022
Agenda Item # 1
Page 2 of 3
• July 11, 2018 — City issued Permit #18-1467 for roofing repairs/work. This does not include
repair and replacement of the trusses.
• July 19, 2018 — Code Enforcement Board (Board) met to consider the alleged violations.
• August 1, 2018 — permit application for the truss replacement/repair (including engineered
drawings) was submitted
• August 7, 2018 - Board issued its Order finding in favor of the City and immediately imposed
a $75/day fine.
• August 10, 2018 — Order was recorded thereby establishing a lien against the property.
• August 23, 2018 - Permit #18-1684 was issued for truss replacement/repair.
• November 7, 2018 — applicant sued the City claiming constitutional violations of due
process, equal protection, etc. The City prevailed in having the claims dismissed.
• August 7, 2019 — Permit #18-1684 was finaled.
• January 31, 2022 — City and applicant entered into a Settlement Agreement and Mutual
General Releases (Attachment 2), whereby applicant dismissed all lawsuits with prejudice
and agreed to pay City $50,000.00. Note that the Agreement did not release the Applicant
from the City's code enforcement lien or limit applicant from requesting a reduction/release
of said lien.
• April 11, 2022, - applicant submitted an application for lien reduction consistent with Section
2-260 of City Code. As of April 16, 2021, the lien had accrued to $75,150.00.
• May 24, 2022 — SM conducted hearing to consider applicant's request for a lien reduction.
• June 24, 2022 — SM issued Report and Recommendations, wherein he recommended that
the request for a lien reduction to $1,000.00 be denied.
Section 2-260 of City Code establishes criteria for City Council in evaluating applications for lien
reductions. They are as follows:
1. The amount of any administrative and out-of-pocket costs incurred by the city which are
directly associated with the underlying code enforcement case and lien including, but not
limited to, code enforcement staff and attorney time, postage, advertising and recording
costs, and other city expenses related to any measure taken by the code board or city to
abate a nuisance caused by the violation;
2. The gravity and number of the violation(s);
3. The amount of the requested reduction;
4. The time in which it took to bring the property into compliance;
5. Whether the applicant was responsible for the violation which caused the lien;
6. Whether the applicant is or will be a bona fide purchaser of the subject property and is filing
or has filed for a homestead exemption evidencing a desire to reside within the city on a
non -transient basis, or whether the property is or will be acquired for investment or other
purposes;
7. Whether the applicant acquired the subject property with knowledge of the subject lien or
should have knowledge of the lien through reasonable due diligence;
8. The accrued amount of the code enforcement fine or lien as compared to the current market
value of the property;
9. With respect to a speculator, non -homestead purchaser of the subject property, the accrued
amount of the code enforcement fine or lien as compared to the investment/profit that will
be gained as a result of the purchase or sale of the property and the reduction or
satisfaction;
City of Cape Canaveral
City Council Meeting • October 18, 2022
Agenda Item # 1
Page 3 of 3
10. Any previous or subsequent violations pertaining to the property unless an order finding a
violation is under appeal at the time of determination;
11. Any previous or subsequent violations of the applicant pertaining to the other properties
owned within city, unless an order finding a violation is under appeal at the time of
determination;
12. Any relevant information contained in any title policy required to be submitted to the city
under this section;
13. Any financial hardship;
14. Any other mitigating circumstance which may warrant the reduction or satisfaction of the
penalty or fine; and
15. Any other administrative review criteria relevant to whether it is equitable to reduce or
release a lien which are adopted by the city manager, in writing, and are intended to be
applied to all applications on a uniform basis.
In the attached report (pages 18-28), the SM addresses the criteria and provides a detailed response
on each.
Per Section 2-260 of City Code, the SM shall render a written recommendation to the City Council
based on findings of fact and law. The Code further states that the Council shall give considerable
weight to the written recommendation of the SM.
In his conclusion (page 28), the SM states:
"For all of the foregoing reasons, principally the gravity of the offenses and the fact that
the City could not have legally conducted and approved of a final inspection on an
expired permit, the Special Magistrate recommends that the City Council deny the
application for lien reduction or release."
This request was originally scheduled for the August 16, 2022 Regular Meeting. However, due to
extended discussions related to other agenda items, it was determined to continue the case.
Submitting Department Director: David Dickey t
Attachments:
1. Report and Recommendation of the Special Magistrate
2. Settlement Agreement and Mutual General Releases
Financial Impact: Staff time and effort to prepare this agenda item. Should the Council approve
the recommendation, approximately $74,150 of code enforcement liens shall be payable to the City.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action: Consideration and
final action on the Code Enforcement Special Magistrate's Report and Recommendation regarding
a request for a lien reduction for violations at 321 Johnson Avenue.
Approved by City Manager: Todd Morley Date: 10/10/22
Attachment 1
SPECIAL MAGISTRATE OF THE
CITY OF CAPE CANAVERAL
Code Enforcement Case: #17-179
Application for Lien Reduction/Release
In re Jeffrey W. Wells and
Oceanside Palms, LLC,
Applicants.
REPORT AND RECOMMENDATION
OF THE SPECIAL MAGISTRATE
The Special Magistrate of the City of Cape Canaveral submits this Report and
Recommendation to the City Council on the Application for Lien Release or Reduction of Code
Enforcement Lien by Oceanside Palms, LLC and Jeffery W. Wells (the "Applicants"), owners of
the Oceanside Palms property at 321 Johnson Avenue, Cape Canaveral, Florida 32920.
I. EXECUTIVE SUMMARY
Hurricane Irma struck the City of Cape Canaveral on September 10, 2017, resulting in
severe damage to Oceanside Palms, a two-story condominium and rental complex. In the ensuing
months, delays in submitting a complete application for a construction permit to repair and rebuild
the northeast building's roof resulted in water intrusion during rainstorms. Water damage became
so severe that ceilings in some units, including Unit A-10, caved -in.
Ten months after the hurricane, on July 19, 2018, the Code Enforcement Board found
violations of the Florida Building Code and International Property Maintenance Code (both
incorporated into the City Code), including for construction without a building permit and in
violation of two Stop Work orders. No one disputes that, by April 16, 2021, the $75.00 daily fines
assessed by the Code Board had accrued to $75,150.00. In the instant proceeding, the Applicants
Page 1 of 28
seek release or reduction of the Code Enforcement lien. For the reasons that follow, the City
Council should deny the application.
The Applicants seek a lien reduction or release based on their contention that the final
plumbing inspection on Unit A-10, under Permit #18-1580 (the "Plumbing Permit"), actually
occurred on February 19, 2019, a month after they had leased the unit and allowed a tenant to
move -in. The Applicants contend the fines should have ceased on that date, when the City's own
records indicate a final inspection was scheduled.'
The City denies that a final inspection occurred on February 19, 2019, because the
Plumbing Permit expired on February 6, 2019, and the City's computer system would not have
allowed scheduling of a final inspection on an expired permit. Nor would staff have conducted
and passed a final inspection on an expired permit. The City contends that the February 19, 2019
date showing a "scheduled" final inspection in its records reflects corrupted data, a computer
conversion date inserted during the conversion into the "Final Inspection" fields.
Permit 18-1579, for soffit repairs at Oceanside Palms (the "Soffit Repair Permit"), expired
without a final inspection on February 6, 2019 (the same expiration date as the Plumbing Permit).
The City reopened the Soffit Repair Permit on Applicants' request on April 12, 2021, and closed
it after a final inspection more than two years after the hurricane, on April 15, 2021. Applicants
had a duty to ensure that their contractors, in this case, their own affiliated construction company,
pulled all permits, requested, and obtained all inspections required under the Building Code.
Applicants entered no documentary evidence into the record as to when their construction affiliate
1 Applicants' Exhibit 1.
Page 2 of 28
completed any repairs —either the plumbing for Unit A-10 or the roof soffit. During the Code
Board hearing, the Applicants' property manager testified that the construction contract had no
completion date.2
Regardless of when the final inspection on the Plumbing Permit occurred, Applicants did
not follow the procedure set forth in the Code Board's Order to stop fines from accruing.
Applicants had a duty to inform the Code Officer that they had corrected the violations. A mere
request to the Building Department for a final inspection (that the City could not have lawfully
approved on an expired permit) was insufficient to stop the accrual of fines under the Order's
explicit terms.
The City's Ordinance on lien reduction and releases requires consideration of the gravity
of the violations. Applicants performed construction without submitting engineering drawings,
without obtaining building permits, and in defiance of two Stop Work orders, endangering public
health, safety, and welfare. Applicants' actions and omissions resulted in appalling living
conditions for the residents in the affected units. Applicants did not express remorse for their
unpermitted construction, for their defiance of two Stop Work orders, for the consequent
construction delays, or for the substandard living conditions afflicting their residents. The City
Council should not reward misconduct of this sort and should instead deny the application.
II. THE FINDINGS OF FACT
Based on the exhibits and testimony, including facts established at the Code Board's July
2 Transcript, p. 75 (City's Exhibit 2).
Page 3 of 28
19, 2018 hearing, 3 the Special Magistrate makes the following Findings of Fact:4
A. Applicants' Unpermitted Construction
1. Hurricane Irma struck the City of Cape Canaveral on September 10, 2017, resulting
in severe damage to Oceanside Palms, a two-story condominium complex whose owners rent units
to tenants.5
2. On September 20, 2017, ten days after the hurricane, Applicants submitted a permit
application for re -roofing. However, the City could not issue the permit because replacing roof
trusses, which are structural components, required engineering drawings. The Applicants
submitted none.6
3. On September 26, 2017, City staff observed Applicants replacing roof trusses in
the northeast building without having submitted engineering drawings and without having received
a building permit.7
4. On September 27, 2017, the City posted a Stop Work Order.8
5. On October 19, 2017, City staff discovered that someone had removed the posted
3 Collateral estoppel prohibits parties from re -litigating issues already decided between them in judicial and
quasi-judicial proceedings. The Code Board accepted the facts presented by the City when it unanimously accepted
the staff recommendation "based on the evidence and testimony presented." Transcript, p. 76 (City's Exhibit 2).
4 The Special Magistrate administratively re -numbered certain exhibits for clarity in the Record. This Report
and Recommendation will include the Application and all exhibits of both parties as attachments.
5 The Special Magistrate takes judicial notice that Hurricane Irma traveled up the Florida peninsula on
September 10, 2018, based on National Weather Service's posted Local Report/Summary available at:
https://www.weather.gov/mfl/hurricaneirma. The complex is two -stories tall. Transcript, pp. 60-61 (City's Exhibit
2).
6 City's PowerPoint, Exhibit 1, second slide.
7 City's PowerPoint, Exhibit 1, second slide; Transcript, p. 60 (City's Exhibit 2).
8 City's PowerPoint, Exhibit 1, second slide.
Page 4 of 28
Stop Work Order.9 The Building Department confirmed it still had not received any engineering
drawings and, consequently, had not issued any permits.
6. On November 27, 2017, Staff observed continued non -permitted work at Oceanside
Palms and, thereafter, posted a second Stop Work Order. At this point, the City issued a Notice
of Violation for non -permitted construction and a code enforcement citation for the contractor's
unlawful construction.10
7. On December 28, 2017, staff informed Applicants, through their attorney, that once
they properly obtained a construction permit for the roofing (which required the engineering
drawings), completed the roof repairs, and paid the citation, the Subject Property would be in
compliance."
8. On February 5, 2018, the City issued Permit #18-0508 for "emergency, temporary
repair dry -in" (the "Emergency Roof Repair Permit").12
9. On April 23, 2018, City staff received a call that the ceiling in Unit A-10 had
collapsed due to rain. The unit sits directly below the roof partially repaired without a permit.
Applicants' construction affiliate had installed tarpaper, but no shingles in the seven months since
Hurricane Irma. The ceiling collapsed onto the tenant's couch, flooding the unit.13 The tenant
lacked adequate protection from the elements.14
9 City's PowerPoint (City's Exhibit 1), second slide; Transcript, p. 58 (City's Exhibit 2).
10 City's PowerPoint (City's Exhibit 1), second slide; Transcript, p. 58-59 (City's Exhibit 2).
11 City's PowerPoint (City's Exhibit 1), third slide; Transcript, p. 59 (City's Exhibit 2).
12 Id.
13 Transcript, p. 59 (City's Exhibit 2)
1a Transcript, p. 60 (City's Exhibit 2).
Page 5 of 28
10. On April 24, 2018, Code Enforcement staff met with Applicants to discuss the
lingering, deteriorating situation. 15 The City explained to Applicants that they had never
completed work under the emergency dry -in permit.16
11. At the Special Magistrate's hearing, the parties disputed whether Applicants
removed drywall and stripped Unit A-10 to the studs without a building permit. The doctrine of
collateral estoppel precludes re -litigation of the issue. The Code Board accepted the staff
recommendation unanimously, "based on the evidence and testimony presented," which included
Code Enforcement Officer Robinson's testimony, as follows:
I still have not received a permit for the trusses that were repaired,
and I still have not received permits for all of the work that was done
on the interior of that unit. I went out there. Unfortunately, I wasn't
being able to take a photograph because they closed the door before
I could photograph the scene, but when I went out there originally
and saw in there and put the stop -work order on, the interior of that
unit was gutted all the way to the studs, and since then, they had
made it livable, and there's people living in it, and no permits have
been received.17
The Special Magistrate, therefore, must accept the prior adjudication that the violation occurred as
described by the Code Enforcement Officer. Applicants' construction affiliate repaired Unit A-10
without a building permit and in defiance of a second Stop Work Order.
12. On June 6, 2018, a citizen complained to the City's Code Enforcement division
about a roof collapse in yet another unit.18
15 City's PowerPoint, Exhibit 1, fourth slide.
16 Transcript, pp. 59-60 (City's Exhibit 2).
17 Transcript, p. 62 (City's Exhibit 2).
18 City's PowerPoint, Exhibit 1, fourth slide.
Page 6 of 28
13. On June 7, 2018, the City issued an amended Notice of Violation, demanding that
Applicants apply for, and obtain a non -emergency permit for roof repairs, apply for and obtain a
permit to repair the damaged unit, complete all work, and pass final inspections.19
14. A week later, on or about June 14, 2018, Applicants submitted an application for a
permit to re -roof the damaged area.20
15. On July 11, 2018, the City issued Permit 18-1467 (the "Roofing Permit").21
16. On July 19, 2018, Applicants applied for a Permit to repair the building's roof soffit
and, on August 6, 2018, the City issued the Soffit Permit (#18-1579).22
17. On June 26, 2018, the City's Code Enforcement division received numerous
complaints about water leaks and damage at the Oceanside Palms complex.23
18. On July 11, 2018, Applicants submitted an application for a commercial plumbing
permit relating to the repair of Unit A-10.24
B. The Code Board Hearing
19. On July 19, 2018, the Code Board met and considered whether Applicants had
violated City codes for, among other things, performing construction without a permit and in
defiance of two Stop Work orders.25
19 City's PowerPoint, Exhibit 1, fifth slide; see Transcript, p. 60 (City's Exhibit 2).
20 City's PowerPoint, Exhibit 1, fourth slide, indicates submission on June 13, 2018. The transcript indicates
submission on the following day, June 14, 2018. Transcript, p. 60 (City's Exhibit 2).
21 City's PowerPoint, Exhibit 1, sixth slide.
22 Id.
23 City's PowerPoint, Exhibit 1, fourth slide.
24 City's PowerPoint, Exhibit 1, sixth slide.
25 City's PowerPoint, Exhibit 1, fourth slide.
Page 7 of 28
20. As of the hearing date, the Applicants were re -shingling the northeast building.26
However, they had not obtained a permit to repair and replace the roof trusses.27 The City would
require attic access to inspect the trusses.28 Code Enforcement Officer Robinson testified, "[T]he
fact of the matter is there was no permit for that. It's required a permit. It's structural. It needs to
be done. It needs to be inspected, and it has needed to be done that way for 10 months now."29
21. No soffits were installed under the roof eaves.30
22. Jeff, Moore, a 7 year resident at Oceanside Palms, testified about the appalling
living conditions:
I can speak for myself and the adjoining units downstairs. He
showed you the picture where the gutters were not replaced. I have
gone in once a month or twice a month since the hurricane with
videos documenting the flooding issues because they wouldn't fix 5
feet worth of gutter. Now they're putting up shingles and all that
stuff, as of right now, but the contractors didn't say anything about
replacing that 5 - foot gutter. I have videos and photographs.
It floods into my apartment. I do what I can. I've been a nice guy
and gone into the office repeatedly for months, as well as a number
of other 20 people. Just quietly going in and saying can you do
something about it, with promises unkept every month since the
hurricane. So, we have dealt with not being able to get in and out of
our apailtnents without 6 inches or more water flooding into 2 or 3
of them every time it rains.31
.... So, besides the flooding issues when it rains, there's major
cleanup every time afterwards..... Would you like to live that way?
26 Transcript, p. 63 (City's Exhibit 2).
27 Transcript, p. 62 (City's Exhibit 2).
28 Transcript, p. 64 (City's Exhibit 2).
29 Transcript, p. 65 (City's Exhibit 2).
30 Id
31 Transcript, p. 66 (City's Exhibit 2).
Page 8 of 28
None of us do. .... We have handicapped people. There are
children involved in certain cases, and we're just tired of it.32
Above the location, we have a family there, and this has just been
so frustrating because the Wells company had done nothing except
a bunch of lost promises and lies, and if you'd like to see a short
video or ten, I've documented it every time it's rained in 11 months.
It comes down just torrentially and floods the entire area every
single time.33
Pauline, she's here. She has photographs. It flooded her apartment.
It ruined her $3,000 bed. She's handicapped. She had to sleep on
the floor in the other room for months--
23. The Applicants contended through counsel, "I'd state that these items are being
addressed. There is the hurricane damage. There's been insurance issues with getting this taken
care of, so basically, we're asking that a violation not be found, that we be given some additional
time to pull the permit and address the roofing issues."34
24. The Code Board found in favor of the City and against the Applicants, unanimously
approving of the staff's recommendation:
[B]ased on the evidence and testimony presented at this hearing,
staff respectfully requests that the code enforcement board find the
respondents in violation as set forth in the revised Notice of
Violation and a fine be immediately imposed in the amount of $100
for the first day and $75 every day thereafter until compliance is
confirmed by the code enforcement officer, and all costs associated
with the enforcement of the violation be imposed.35
25. Critical to the instant application for lien reduction or release, the fines would
32 Transcript, pp. 66-67 (City's Exhibit 2).
33 Transcript, p. 67 (City's Exhibit 2).
34 Transcript, p. 71 (City's Exhibit 2).
35 Transcript, p. 76 (City's Exhibit 2).
Page 9 of 28
accrue "until compliance is confirmed by the code enforcement officer."36
26. The collapse of ceilings in units would not have occurred had the Applicants
adhered to the City Code and promptly submitted complete permit applications with the requisite
engineering drawings, instead of waiting more than 10 months after Hurricane Irma.
27. On August 7, 2018, the Code Board issued written Findings of Fact, Conclusions
of Law and Order (First Violation) (the "Code Board Order").37 The Code Board Order stated:
That Violations of the following sections exist or existed upon the
Subject Property and that Respondent was further provided a
reasonable time to correct said violation(s): Sections 34-96(b) & (d)
Standards established, of the City of Cape Canaveral Code of
Ordinances; Section 105.1 Required of the Florida Building Code
(as adopted by Section 82-31, City Code); Section 110.1 General, of
the Florida Building Code (as adopted by Section 82-31, City Code).
Section 303.7 (sic) Roofs and drainage, of the International Property
Maintenance Code (as adopted by Section 82-221, of the City of
Cape Canaveral Code of Ordinances).38
The first violation, Section 34-96(b) of the City Code, required owners to maintain multi-
family dwellings "in a clean, sanitary and safe condition." The second violation, Section 34-96(d),
required owners to keep property exteriors "free of unsanitary conditions which constitute a
blighting or deteriorating influence on the neighborhood." The third violation, Section 105.1 of
the Florida Building Code, required a permit before undertaking repairs. The fourth violation,
Section 110.1 of the Florida Building Code, required inspections of construction (which cannot
occur without obtaining a building permit).
36 Id.
37 Applicants attached the Code Board Order to their Application for Release or Reduction of Code
Enforcement Lien at the eighth page.
38 Order, Findings of Fact and Conclusions of Law, ¶ 2 (attached to the Application).
Page 10 of 28
28. The written Order reiterated, "Respondent(s) shall be responsible to provide notice
of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the
Code Enforcement Officer shall promptly either file a Notice of Compliance or notify the Code
Enforcement Board or secretary such that the matter is scheduled for hearing, relative to
compliance, before the board in a reasonable amount of time."39 There is no evidence that the
Applicants notified the code officer that they had corrected the violations, which would have
triggered the Code Officer's notification duties.
29. The City recorded the Board's Order on August 10, 2018, thereby establishing a
lien against the property and its owners, the Applicants.
C. Permit Expirations and Final Inspections
30. On August 4, 2018, about two weeks after the Code Board hearing, the Emergency
Roof Repair Permit (#18-0508) expired without Applicants requesting and obtaining a final
inspection.40
31. On August 7, 2018, almost 11 months after Hurricane Irma, Roofing Permit #18-
1467 was "finalized," that is closed -out on final inspection. This permit did not include repair and
replacement of the trusses.41
32. Applicants finally submitted an application for the truss repairs on August 1, 2018.
The City issued Permit #18-1684 on August 23, 2018. The City conducted a final inspection and
39 Order, ¶ 1 (attached to the Application).
40 City's PowerPoint, sixth slide (City's Exhibit 1).
41 See City's PowerPoint, sixth slide (City's Exhibit 1). Permit 18-1684 covered the roof trusses.
Page 11 of 28
passed the truss reconstruction almost a year later, on August 7, 2019.42
33. On February 6, 2019, the Building Soffit Permit expired without a request for final
inspection. On the Applicants' request, the City reopened the Building Soffit Permit on April 12,
2021. On April 15, 2021, the City closed -out the Building Soffit Permit on final inspection.43
D. Post -Code Board Hearing Proceedings and Settlement
34. The Applicants appealed the Code Board's decision to the Brevard County Circuit
Court, which upheld the Code Board's decision.
35. On November 7, 2018, the Applicants sued the City in the Brevard County Circuit
Court, claiming Constitutional violations of due process, equal protection, among other claims.
(Oceanside Palms, LLC, Oceanside Palms Condominium Assoc., Inc. Wells Boys & Girls Property
Management, LLC, Wells Boys Building and Construction, LLC v. City of Cape Canaveral and
Chris Robinson, Case Number 05-2018-052741). The City prevailed on various Motions to
Dismiss as to counts in the initial and amended Complaints.
36. On January 31, 2022, the City, the Applicants, and the Applicants' other affiliated
entities,44 entered into a Settlement Agreement and Mutual General Releases.45 Typically, a
defendant pays a plaintiff to resolve claims brought in a lawsuit. However, in this instance, Mr.
Wells agreed to pay $50,000.00 to the City, "inclusive of all claims directed against the City and
42 City's PowerPoint, sixth slide (City's Exhibit 1).
43 Id
44 Parties to the Settlement Agreement were Oceanside Palms, LLC, Oceanside Palms Condominium
Association, Inc., Oceanside Treasure, LLC, Bogart Place Properties, LLC, Wells Boy and Girls Property
Management, LLC, Wells Boys Building & Construction, LLC, Jeffrey W. Wells, individually, the City of Cape
Canaveral, and City Code Officer Chris Robinson.
45 Applicants' Exhibit 8.
Page 12 of 28
directed against CHRIS ROBINSON," the code officer. Pursuant to the Settlement Agreement,
the Applicants and their affiliates dismissed all lawsuits with prejudice.46
37. The City and Mr. Robinson released Applicants and their affiliated entities except
with respect to the City's code enforcement lien, without limiting Applicants' right to seek a lien
reduction or release:
Nothing herein...resolves, discharges, or satisfies any existing liens
in favor of the CITY as it relates to Oceanside Palms, LLC lien
recorded at OR Bk 8235, Page 2006, Public Records of Brevard
County, that gave rise to Permit #18-1580, however, without
prejudice to WELLS to seek a lien reduction, waiver, or
extinguishment. Nothing in this Agreement shall prevent or restrict
any party from making any argument in connection with any lien
reduction request.47
38. The City incurred $14,433.36 in attorney's fees and costs on the appeal of the Code
Board decision. However, the City (and Mr. Robinson) released Applicants from "any and all
reimbursement for attorney's fees and costs...."48
E. The Application for Lien Reduction or Release
39. On April 11, 2022, the Applicants applied for Release or Reduction of Code
Enforcement Lien and enclosed the requisite application fee.49
40. The Applicants contend that a final inspection of the Plumbing Permit occurred on
46 The other lawsuits were Oceanside Treasure et al. v. City of Cape Canaveral, filed on October 17, 2018
(Case Number 05-2018-049945); Bogart Place Properties, LLC et al. v. City of Cape Canaveral, filed on October 29,
2018 (Case Number 05-2018-CA-051505), and Bogart Place Properties, LLC et al. v. City of Cape Canaveral, filed
on August 11, 2021 (Case Number 5D21-2024).
47 The Settlement Agreement does not contain page numbers; however, this language appears on the fourth
page. (Applicants' Exhibit 8).
48 Id.
49 Applicants' Exhibit 3.
Page 13 of 28
February 19, 2019, the "scheduled" date reflected in the City's records.50 The Applicants' affiliate,
Wells Boys Building & Construction, LLC, would have requested the final inspection. The
Applicants seek a lien reduction that would recognize February 19, 2019 as the date when the
Subject Property came into compliance with the City Code.
41. The City denies that it conducted a final inspection on February 19, 2019, despite
the "scheduled" date in its records. The City asserts that a computer system conversion on
February 19, 2019 corrupted data by inserting the conversion date into the Final Inspection report
fields.
42. A "Conversion Comment" in the City's records is mostly gibberish:
Conversion Comment
Scheduled
No Data to Dispaly
I Amount Due
I Permit - Commercial Plumbing Total
Step Type: FN BP_ Master_ 1D: 0007165317 Comment _Text
DRYWALL, CEILING REPAIR, REPLACE VANITY &
FAUCET BP Master_ Step_1D: 0007165325 Required: False
Order_ Number. 3
Completed_ By_ Applicant False Length_ Hours: 0.00
Required_ Date: Required_ Time: Scheduled_ Date:
Actual_ Date: Actual_ Time: Scheduled_ Time: Last_ Date:
2/19/2019 12:00:00 AM Last_ Time: 42282
Last_ User. k.hutchinson Last_Func: p-bp102as-BP Master -
Maintenance Approval_ Status: Pending
Internal_ Step: False Schedule_ Person:
Failed_ BP_ Master_ Step_ID: Actual_ Length_ Hours: 0_00
SourceQuery: SELECT* FROM PUB_ BP Master_Step51
43. However, because the City conducts building inspections during normal business
hours, the "12:00 AM" midnight scheduled time for the final inspection is consistent with the
50 Applicants' Exhibit 4.
51 Applicants' Exhibit 3.
Page 14 of 28
City's position that the report reflects corrupted data.
44. Interestingly, the Soffit Permit report does not reflect the corrupted data. 52
45. On November 19, 2021, when Applicants attempted to obtain information about
the corrupted data, they did not receive a response from the Building Department.53 Neither Senior
Code Officer Brian Palmer nor Applicants followed -up with the Building Depaitinent. Officer
Palmer offered the City's apology at the Special Magistrate hearing.
46. On January 15, 2019, Wells Boys and Girls Property Management, LLC, on behalf
of Oceanside Palms, LLC, leased out Unit A-10 to George Morris. Applicants contend they would
not have allowed the tenancy to begin before completing the repairs. Mr. Morris accepted the
premises in an "as -is" condition, according to the Lease.54
47. The City further asserts that, because the Plumbing Permit expired on February 6,
2019, the City's computer system would not have allowed the clerk to schedule a final inspection
for February 19, 2019, after the permit expired. In any event, the Subject Property could not
lawfully pass a final inspection on an expired building permit.
III. ANALYSIS AND CONCLUSIONS OF LAW
A. The Factors for Considering Lien Reduction or Release
Chapter 2, Article VI, Division 3 of the City Code authorizes the Special Magistrate to
conduct an evidentiary hearing on an application to release or reduce a code enforcement lien and
to "render a written recommendation to the city council based on findings of fact and law...." The
________________________
52 See Applicants' Exhibit 4.
53 Applicants' Exhibit 5.
54 Applicants' Exhibits 7A (initial term for half a month) and 7B (Lease Agreements establishing tenancies
by Mr. Morris between February 2, 2020 and January 31, 2023).
Page 15 of 28
ordinance states:
At the hearing before the special magistrate, the special magistrate
shall review and consider the application for reduction or release
of lien, provide the violator with an opportunity to address the
special magistrate regarding the application for reduction or release
of lien, and to take the testimony of other interested parties,
including but not limited to city staff.
Upon review of the application and any testimony presented by the
applicant, city staff or other interested party, the special magistrate
shall render a written recommendation to the city council based on
findings of fact and law to either approve, approve with conditions,
or deny the application for reduction or release of lien. The city
council shall consider and give considerable weight to the written
recommendation of the special magistrate and render a final
decision on the application.
City Code, Sec. 2-260(e).
The City Code sets forth specific criteria for evaluating applications for lien reduction or
release, which bind the Special Magistrate and the City Council:
Whenever a recommendation or decision is made under this section,
the following factors shall be applied by the city in determining the
amount of any reduction or release:
(1) The amount of any administrative and out-of-pocket
costs incurred by the city which are directly associated with the
underlying code enforcement case and lien including, but not
limited to, code enforcement staff and attorney time, postage,
advertising and recording costs, and other city expenses related to
any measure taken by the code board or city to abate a nuisance
caused by the violation;
(2) The gravity and number of the violation(s);
(3) The amount of the requested reduction;
(4) The time in which it took to bring the property into
compliance;
(5) Whether the applicant was responsible for the violation
which caused the lien;
Page 16 of 28
(6) Whether the applicant is or will be a bona fide purchaser
of the subject property and is filing or has filed for a homestead
exemption evidencing a desire to reside within the city on a non -
transient basis, or whether the property is or will be acquired for
investment or other purposes;
(7) Whether the applicant acquired the subject property with
knowledge of the subject lien or should have knowledge of
the lien through reasonable due diligence;
(8) The accrued amount of the code enforcement fine
or lien as compared to the current market value of the property;
(9) With respect to a speculator, non -homestead purchaser
of the subject property, the accrued amount of the code enforcement
fine or lien as compared to the investment/profit that will be gained
as a result of the purchase or sale of the property and the reduction or
satisfaction;
(10) Any previous or subsequent violations pertaining to the
property unless an order finding a violation is under appeal at the
time of determination;
(11) Any previous or subsequent violations of the applicant
pertaining to the other properties owned within city, unless an order
finding a violation is under appeal at the time of determination;
(12) Any relevant information contained in any title policy
required to be submitted to the city under this section;
(13) Any financial hardship;
(14) Any other mitigating circumstance which may warrant
the reduction or satisfaction of the penalty or fine; and
(15) Any other administrative review criteria relevant to
whether it is equitable to reduce or release a lien which are adopted
by the city manager, in writing, and are intended to be applied to all
applications on a uniform basis.
Id.
Page 17 of 28
1. The City's Administrative and Out -of -Pocket Costs
The City incurred $14,433.36 in attorney's fees and costs on the Applicants' appeal of the
Code Board decision to the Brevard County Circuit Court.55 The City asks that this amount offset
any lien reduction, pursuant to Section 2-260(f) of the City Code. The ordinance states:
To the maximum extent feasible, the city council shall collect, at a
minimum, all administrative and out-of-pocket costs incurred by the
city as specified in subsection (e)(1). If the city council approves the
application to reduce or release the lien and the approval is
conditioned upon the applicant paying a reduced penalty, fine, or
any other condition, the satisfaction or release of lien shall not be
prepared or recorded in the public records of Brevard County,
Florida by the city manager until the condition(s) imposed by the
city council have been satisfied.
If the City Council accepts this Report and Recommendation to deny the application for
lien reduction or release, then the request to offset the fees incurred will be moot. However, if the
City Council decides to reduce or release the lien, the City should not offset any reduction by the
amount of fees. The City (and Code Officer Robinson) specifically released Applicants from "any
and all reimbursement for attorney's fees and costs...." The Settlement Agreement preserved
Applicants' right to seek "a lien reduction, waiver, or extinguishment," but it did not carve -out an
exception to the specific release for "any and all reimbursement for attorney's fees and costs...."
"Generally, Florida courts enforce general releases to further the policy of encouraging
settlements. Numerous Florida cases have upheld general releases, even when the releasing party
was unaware of the defect at the time the agreement was executed." Mazzoni Farms v. E.I. Dupont
De Nemours & Co., 761 So. 2d 306, 314 (Fla. 2000). In the present case, the City specifically
55 Garganese Weiss billing records (City's Exhibit 3).
Page 18 of 28
released its entitlement to attorney's fees and costs even though the Applicants telegraphed their
intention to bring this Application.
2. Gravity of the Violations
a. Nature of the Violations
To ascertain the gravity of the violations, one must first consider the ordinances violated.
The first violation, section 34-96(b) of the May 24, 2018 edition of the City Code, stated in
pertinent part:
The owner of every...multiple-family dwelling...shall be
responsible for maintaining the exterior in a clean, sanitary and safe
condition. All parts thereof shall be maintained in good repair and
shall be capable of performing the function for which such structure
or part of any feature thereof was designed or intended to be used."
The second violation, section 34-96(d) of the May 24, 2018 version of the City Code, stated
in pertinent part, "Exterior property areas of all premises shall be kept free of all nuisances...or
conditions which may create a health of fire hazard. Exterior property areas shall be free of
unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood."
The next violation referred to section 82-31 of the City Code (May 24, 2018 edition), which
stated, "The Florida Building Code 2010 edition, as may be amended from time to time, as
published by the Florida Building Commission, shall be known as the City of Cape Canaveral
Building Code and is hereby adopted by reference and incorporated herein as if fully set out."
Therefore, this provision incorporated the violation of section 105.1 of the Florida Building Code
(6th ed., effective in 2017), which stated:
Any owner or owner's authorized agent who intends to construct,
enlarge, alter, repair, move, demolish or change the occupancy of a
building or structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any impact -resistant coverings,
electrical, gas, mechanical or plumbing system, the installation of
Page 19 of 28
which is regulated by this code, or to cause any such work to be
performed, shall first make application to the building official and
obtain the required permit.
Section 82-31 also incorporated the violation of section 110.1 of the Florida Building Code (6th
ed.), which stated:
Construction or work for which a permit is required shall be subject
to inspection by the building official and such construction or work
shall remain accessible and exposed for inspection purposes until
approved. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of this
code or of other ordinances of the jurisdiction. Inspections
presuming to give authority to violate or cancel the provisions of
this code or of other ordinances of the jurisdiction shall not be valid.
It shall be the duty of the owner or the owner's authorized agent to
cause the work to remain accessible and exposed for inspection
purposes. Neither the building official nor the jurisdiction shall be
liable for expense entailed in the removal or replacement of any
material required to allow inspection.
The next violation, section 82-221 of the City Code (May 24, 2018 ed.), stated, "The
International Property Maintenance Code, 1998 edition, as published by the International Code
Council, is hereby adopted by reference and incorporated herein as if fully set out." Therefore, the
Code incorporated the violation of section 304.1.1(8.) of the International Property Maintenance
Code (2018 edition) (the "IPMC"), which stated: "Roofing or roofing components that have
defects that admit rain, rain surfaces with inadequate drainage, or any portion of the roof framing
that is not in good repair with signs of deterioration, fatigue or without proper anchorage and
incapable of supporting all nominal loads and resisting all load effects." The IPMC determined
that the foregoing conditions are "unsafe and shall be repaired or replaced...." Id.
As stated by the Florida Supreme Court, "[T]here can be no serious question that public
welfare is vitally involved in the matter of construction of buildings of all sorts in this State." State
ex rel. Reynolds v. St. Petersburg, 133 Fla. 766, 779, 183 So. 304 (Fla. 1938). The IPMC states,
Page 20 of 28
"This code shall be construed to secure its expressed intent, which is to ensure public health, safety
and welfare insofar as they are affected by the continued occupancy and maintenance of the
structures and premises." IPMC section 101.3 (Intent).
The collapse of ceilings and the intrusion of rain and flooding inside units at the Oceanside
Palms was "dangerous to the life, health, property or safety of the public or the occupants of the
structure by not providing minimum safeguards to protect...occupants...." IPMC 108.1.1. "A
building is considered dangerous if...All or part of the building is likely to collapse." Id.
For the purpose of this code, any structure or premises that has
any...of the conditions or defects described as follows shall be
considered to be dangerous:...
(3) Any portion of a building, structure...that has been
damaged by...wind, floor, deterioration, neglect...or by any other
cause to such an extent that it is likely to partially or completely
collapse. ...
(6) The building or structure, or any portion thereof, if
clearly unsafe for its use and occupancy.
IPMC 108.1.5. In the instant case, collapses had already occurred, establishing dangerous
conditions. The collapse of ceilings in units would not have occurred had the Applicants adhered
to the City Code and promptly submitted complete permit applications with the requisite
engineering drawings. Inspections and approval of construction could not take place without
properly submitted building permit applications. "The inspection of work in progress or already
accomplished is another significant element in determining code compliance." IPMC section
104.1, official commentary.
Section 112 of the IPMC authorized the City to issue the Stop Work Orders: "Whenever
the code official finds any work regulated by this code being performed in a manner contrary to
the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to
Page 21 of 28
issue a stop work order." Construction performed in dereliction of two Stop Work Orders
endangered public health, safety, and welfare.
To perform structural repairs without engineering plans, permits, and inspections was
extraordinarily irresponsible. These actions were also unlawful. "It shall be unlawful for a person,
firm or corporation to be in conflict with or in violation of any of the provisions of this code."
IPMC section 106.1. The IPMC deems violations such as these a "strict liability offense," for
which, "it is not required to prove that the person intended to violate the code or was negligent in
doing so." Id.
b. Collateral Estoppel Precludes Re -Litigating Issues
In determining the gravity of the violations, the doctrine of collateral estoppel precludes
Applicants from re -litigating the issues already decided in the City's favor by the Code Board.
Collateral estoppel bars "the parties from litigating in the second suit issues —that is to say
points and questions —common to both causes of action and which were actually adjudicated in
the prior litigation." Stogniew v. McQueen, 656 So. 2d 917, 919 (Fla. 1995); see also Dept. of
Health & Rehabilitative Servs. v. B.J.M., 656 So. 2d 906, 910 (Fla. 1995) (function of doctrine is
to prevent re -litigating issues that have already been decided in "a contest which results in a final
decision of a court of competent jurisdiction"). As summarized by the Florida Fifth District Court
of Appeal:
The essential elements of collateral estoppel are:
(1) that the parties and issues be identical,
(2) that the particular matter be fully litigated and
determined in a contest,
(3) which results in a final decision,
Page 22 of 28
(4) in a court of competent jurisdiction.
.....The application of collateral estoppel prevents the parties in the
second suit from litigating those points in question which were
actually adjudicated in the first suit.
United States Fid. & Guaranty Co. v. Odoms, 444 So. 2d 78, 79-80 (Fla. 5th DCA 1984) (citing
Mobil Oil Corp. v. Shevin, 354 So. 2d 372 (Fla. 1977); Husky Industries, Inc. v. Griffith, 422 So.
2d 996 (Fla. 5th DCA 1982); and Seaboard Coastline Railroad v. Industrial Contracting Co., 260
So. 2d 860 (Fla. 4th DCA 1972)).
The Code Board accepted the facts presented by the City when it unanimously accepted
the staff recommendation "based on the evidence and testimony presented."56 Collateral estoppel
precludes the Special Magistrate —and the City Council —from accepting a version of facts at odds
with "the evidence and testimony presented" by City Staff on the "points and questions" to the
Code Board.
Quasi-judicial entities, including the Code Board, have the same standing as a "court of
competent jurisdiction" for the purposes of collateral estoppel. See Paresky v. Miami -Dade Bd. of
County Comm'rs, 893 So. 2d 664, 666 (Fla. 3d DCA 2005) (Miami -Dade Commission, which
heard quasi-judicial proceeding, was tantamount to "a court of competent jurisdiction," precluding
"the same parties" from re -litigating "the identical issue"); City of Tampa v. Lewis, 488 So. 2d
860, 862 (Fla. 2d DCA 1986); Atlantic Shores Resort, LLC v. 507 South Street Corp., 937 So. 2d
1239, 1244 (Fla. 3d DCA 2006) (circuit court erred by re -litigating municipal zoning code height
restriction litigated previously by the parties before municipal historic preservation board). As
56 Transcript, p. 76 (City's Exhibit 2).
Page 23 of 28
summarized by the Florida Fifth District Court of Appeal, "Where an administrative agency is
acting in a judicial capacity and resolves disputed issues of fact properly before it, as to which the
parties have had an adequate opportunity to litigate, the court will apply res judicata or collateral
estoppel to enforce repose." United States Fidelity & Guaranty Co. v. Odoms, 444 So. 2d 78, 80
(Fla. 5th DCA 1984). Collateral estoppel applies when, in an earlier proceeding involving a
different cause of action, the same parties or their privies, litigated the same issue presented once
again for final decision. See id.
3. The Amount of the Requested Reductions
Applicants sought a reduction in the lien up to a release in full. Under the egregious facts
and circumstances, Applicants should not receive a reduction in any amount.
4. The Time Spent Bringing the Property into Compliance
As of the Code Board hearing, Applicants had been out -of -compliance for 10 months. The
City did not complete a final inspection under the Soffit Permit until April 15, 2021, and the
Plumbing Permit until the following day, April 16, 2021. Applicants took an inordinate amount
of time to bring their property into compliance.
5. Applicants Were Responsible for the Violations
The question of who is responsible for the violations takes into account those instances
when a new owner purchases real property in the City with an intention to bring the property into
compliance and eliminate blight. In those instances, the City may want to reduce or release liens
in order to encourage redevelopment. In the present case, the owners responsible for the violations
are themselves seeking the lien reduction or release. They presented no evidence that the lien is
hindering redevelopment.
Page 24 of 28
6. Applicants Are Not Bona Fide Purchasers
The ordinance requires consideration of whether the applicant is a bona fide purchaser,
acquiring the property for investment. Again, the City may want to reduce or release liens in order
to incentivize redevelopment and reduce blight. In this case, the owners themselves were
responsible for the lingering violations.
7. No Acquisition with or Without Knowledge of the Lien
This factor is inapplicable.
8. Evidence of Accrued Lien Compared to the Current Market Value
No party submitted an appraisal or other competent evidence of the Oceanside Palm's
current market value in relation to the amount of the accrued lien. No one disputed that, by April
16, 2021, the $75.00 daily fines assessed by the Code Board had accrued to $75,150.00. Therefore,
the Subject Property's market value is not factor for considering the relief sought by Applicants.
9. Accrued Lien Compared to Investment Profit
This factor is irrelevant.
10. Other Violations Pertaining to the Property
At the Special Magistrate's hearing, the Applicants acknowledged other code enforcement
violations. No evidence indicated any pending appeals on these violations. The parties did not
submit enough evidence for the Special Magistrate to consider this factor.
11. Other Violations of Applicants at Other Properties
The parties again did not submit enough evidence for the Special Magistrate to consider
this factor.
Page 25 of 28
12. Any Relevant Information Contained in any Title Policy
This factor is irrelevant.
13. Any financial hardship
The Applicant did not present evidence of financial hardship.
14. Any Other Mitigating Circumstances
a. No Lawful Final Inspection on an Expired Permit
The Applicants seek a lien reduction or release based on their contention that the final
plumbing inspection on Unit A-10, under the Plumbing Permit (#18-1580), actually occurred on
February 19, 2019, a month after they had leased the unit and allowed a tenant to move -in. The
Applicants contend the fines should have ceased on that date, when the City's own records indicate
a final inspection was scheduled.57
The City denies that a final inspection occurred on February 19, 2019, because the
Plumbing Permit had expired on February 6, 2019, and the City's computer system would not have
allowed scheduling of a final inspection. The City contends that the February 19, 2019
"scheduled" final inspection in its records reflects corrupted data that inserted a computer
conversion date, not the date of an actual final inspection.
The midnight time for the alleged final inspection is consistent with the City's position that
the scheduled date reflected corrupted data. The City's contention that a final inspection would
not have occurred on an expired permit is also persuasive. Indeed, the City could not have lawfully
approved of construction on an expired permit.
57 Applicants' Exhibit 1.
Page 26 of 28
b. Final Inspection on Soffit Not Approved Until April 2021
No evidence contradicted the City's contention that the Soffit Repair Permit (18-1579)
expired without a final inspection on February 6, 2019 (the same expiration date as the Plumbing
Permit). The City reopened the Soffit Repair Permit on Applicants' request on April 12, 2021,
and closed it after a final inspection more than two years later, on April 15, 2021. Yet Applicants
seek a lease reduction retroactive to February 2019.
Applicants had a duty to ensure their contractors —their own affiliated construction
company pulled all permits, requested, and obtained all inspections required under the Building
Code.
Applicants entered no documentary evidence into the record as to when their construction
affiliate completed any repairs —either the plumbing for Unit A-10 or the roof soffit. During the
Code Board hearing, the Applicants' property manager testified that the construction contract had
no completion date.58
c. Applicants Did Not Notify Code Officer to Stop Accrual of Fines
The Applicants failed to present evidence that they provided the required notice of
correction to the City's Code Enforcement Officer to stop the accruing fines. The Code Board's
Order stated that fines would accrue "until the violation is corrected and full compliance is
confirmed by the Code Enforcement Officer. Respondent(s) shall be responsible to provide notice
of such violation corrected to the Code Enforcement Officer." A request for final inspection to
the Building Department, whether or not it occurred, was insufficient to stop fines from accruing.
58 Transcript, p. 75 (City's Exhibit 2).
Page 27 of 28
d. Lien Reductions in Other Cases
The criteria in the ordinance to consider lien reduction or release do not expressly include
the mere fact that prior Code Boards have recommended, and the City Council has previously
granted lien reductions. However, the Special Magistrate considered each such instance entered
into evidence by Applicants under the "other mitigating circumstance" factor. In no instance did
the City reduce or forgive a lien where the code violator had engaged in construction without
building permits, without submitting engineering drawings for structural work, and in defiance of
a Stop Work Order. 59
15. Administrative Review Adopted by City Manager.
This factor is irrelevant.
IV. CONCLUSION
For all of the foregoing reasons, principally the gravity of the offenses and the fact that the
City could not have lawfully conducted and approved of a final inspection on an expired permit,
the Special Magistrate recommends that the City Council deny the application for lien reduction
or release.
Richard S. Geller
Special Magistrate
The City of Cape Canaveral
59 See generally Applicants' Exhibits 6A-6G. In Code Enforcement Case 11-00040, regarding 8652 N.
Atlantic Avenue, the Code Board reconunended a reduction to "allow for the sale/occupancy of the property...."
Exhibit 6B, p. 4. In Case 16-101, the City Council approved a $7,500.00 lien reduction if the violator would pay
$19,383.00 within 30 days. Exhibit 6E, p. 4. In other instances, the minutes do not disclose the grounds for lien
reduction. See, e.g., Exhibit 6F, p. 2 and 6G, p. 2.
Page 28 of 28
Attachment 2
1
SETTLEMENT AGREEMENT AND MUTUAL GENERAL
This Settlement Agreement and Mutual General Releases ("Agreement") is entered into
by and between OCEANSIDE PALMS, LLC, A Florida limited liability company,
OCEANSIDE PALMS CONDOMINIUM ASSOCIATION, INC., a Florida corporation,
OCEANSIDE TREASURE, LLC, a Florida limited liability company, BOGART PLACE
PROPERTIES, LLC, a Florida limited liability company, WELLS BOYS & GIRLS PROPERTY
MANAGEMENT, LLC, a Florida limited liability company, WELLS BOYS BUILDING &
CONSTRUCTION, LLC, a Florida limited liability company, JEFFERY W. WELLS,
individually, hereinafter collectively referred to as "WELLS", the CITY OF CAPE
CANAVERAL, a Florida Municipal Corporation, hereinafter referred to as "CITY", and CHRIS
ROBINSON, individually, hereinafter referred to as "ROBINSON". Every person and entity to
this Agreement are collectively referred to as the "Parties". This Agreement shall be effective
the day of its execution by the last undersigned party (the "Effective Date"), as reflected below.
WITNESSETH:
WHEREAS, this Agreement involves three pending lawsuits in the Circuit Court for
Brevard County, Florida, and an appeal pending in the Fifth District Court of Appeal ("Pending
Actions"), to wit:
i. Oceanside Treasure, LLC, Wells Boys & Girls Properly Management, LLC, Wells
Boys Building & Construction, Inc., and.Ieffety W. Wells v. City of Cape Canaveral
and Chris Robinson, Case Number 05-2018-CA-049945-XXXX-XX, flied on
October 17, 2018;
ii. Bogart Place Properties, LLC, Wells Boys & Girls Property Managements, LLC,
Wells Boys Building and Construction, LLC v. City of Cape Canaveral, Case
Number 05-2018-CA-051505-XXXX-XX, filed on October 29, 2018;
iii. Oceanside Palms, LLC, Oceanside Palms Condominium Association, Inc., Wells
Boys & Girls Properly Management, LLC, Wells Boys Building and Construction,
LLC v. City of Cape Canaveral and Chris Robinson, Case Number 05-2018-
052741-XXXX-XX, filed on November 7, 2018; and
iv. Bogart Place Properties, LLC, Wells Boys & Girls Property Managements, LLC,
Wells Boys Building and Construction, LLC v. City of Cape Canaveral, Case
Number 5D21-2024, filed on August 11, 2021.
WHEREAS, the Parties desire to resolve their claims and dispute in connection with the
Pending Actions.
WHEREAS, this Agreement is entered into freely, knowingly and 'voluntarily by each of
the Parties, The Parties acknowledge that they have signed this Agreement onlyafter due
consideration and consultation with their respective attorneys or the opportunity to consult with
an attorney of their choosing. The Parties further acknowledge they were not coerced or
intimidated into signing this Agreement. The Parties have thoroughly investigated and
considered all of the relevant facts and circumstances surrounding the Pending Actions and that
in signing this .Agreement, the Parties and their coursei have not relied on any oral or written
statements made by any other party.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, it is hereby AGREED between the Parties as follows:
1. Incorporation of Whereas Clauses: The Parties represent, warrant ancl. affirm
that the above recitals are true and correct.
2. Settlement: The Parties agree to settle the Pending Actions as follows:
A. On or before February 3, 2022, WELLS shall pay the total sum of Fifty Thousand
($50,000.00) Dollars ("Settlement Proceeds") to the CITY, which shall be inclusive of all claims
directed against the City and directed against CH.R.IS ROBINSON, The payment of the Fifty
Thousand ($50,000.00) Dollars shall be payable to: Trust Account of Garganese, Weiss,
D'Agresta & Salzman, P.A. for proper distribution.
B. WELLS shall dismiss, with prejudice, all Pending Actions, and further agrees not
to file any actions relating to the notices of claims dated January 18, 2019, relating to Avon By
The Sea and Palms East Cape Canaveral that were served on the City prior to the date of this
Agreement. In the event that there are any counterclaims, CITY and ROBINSON shall cooperate
in the execution of any joint stipulation and order of dismissal with prejudice. In connection with
the appeal pending before the Fifth District Court of Appeal, Case Number 5D21-2024, filed on
August 11, 2021, the Parties shall cooperate in the need for any extensions of time and any
appropriate motion that will result in the dismissal of the appeal with prejudice.
C. As it relates to this Agreement and the settlement of the Pending Actions as
aforesaid, all Parties hereto, WELLS, CITY, and ROBINSON, agree to bear and be responsible
for their own costs and attorneys' fees, except as otherwise provided herein.
3. Notice: In the event that notice is to be provided under the terms of this
Agreement, notice shall be made by electronic mail ("email") as follows: For WELLS, notice
shall be provided to Howard Poznanski, Esquire, at email address
howardwpoznansk@bellsouth.net and for CITY and ROBINSON, Debra S. Babb-Nutcher,
Esquire, dbabb@orlandlaw.net. In the event the email address changes for either attorney hereto,
notice is to be immediately provided to the email addresses provided herein.
4. Releases:
A. Upon receipt of the full Settlement Proceeds, CITY and ROBINSON, on behalf of
themselves individually and in representative capacity as alleged in the Pending Actions, as well
as on behalf of their agents, representatives, employees, administrators, attorneys, successors,
and assigns (collectively, the "CITY/ROBINSON Releasors") hereby fully, completely, and
forever release and discharge WELLS, individually, and all parent companies, affiliates,
subsidiaries, officers, directors, managers, and members, as well as all past and present officers,
directors, shareholders, members, employees, agents, beneficiaries, administrators, attorneys,
successors, and assigns (collectively, the "WELLS Releasees") of and from any and all debts,
demands, actions, causes of action, suits, damages, losses, sanctions, obligations, reimbursement
for attomey's fees and costs, claims and rights of whatever kind or description, whether known
or unknown, asserted or unasserted, accrued or unaccrued, whether past or present, whether
suspected or unsuspected, whether liquidated or unliquidated, whether arising at law or in equity,
whether based on contract, breach of warranty, indemnification, contribution, tort, strict liability,
or otherwise, and whether involving property damage, loss of use of property, or other financial
or economic harm or any other form of injury, that the CITY/ROBINSON Releasors have, had,
or may have against the WELLS Releasees, from the beginning of time through the Effective
Date of this Agreement as it relates to the Pending Actions. Nothing, herein, however, resolves,
discharges, or satisfies any existing liens in favor of the CITY as it relates to Oceanside Palms,
LLC lien recorded at OR Bk 8235, Page 2006, Public Records of Brevard County, that gave rise
to Permit #18-1580, however, without prejudice to WELLS to seek a lien reduction, waiver, or
extinguishment. Nothing in this Agreement shall prevent or restrict any party from making any
argument in connection with any lien reduction request.
B. Upon payment of the full Settlement Proceeds, WELLS, individually on behalf of
his/its parent companies, affiliates, subsidiaries, officers, directors, managers, and members
(collectively, the "WELLS Releasors"), hereby fully, completely, and forever release and
discharge the CITY/ROBINSON, in their individual and in representative capacity as alleged in
the Pending Actions, as well as on behalf of their agents, representatives, employees, insurers,
adjusters, administrators, attorneys, successors, and assigns (collectively, the "CITY/ROBINSON
Releasees") of and from any and all debts, demands, actions, causes of action, suits, damages,
losses, sanctions, obligations, reimbursement for attomey's fees and costs, claims and rights of
whatever kind or description, whether known or unknown, asserted or unasserted, accrued or
unaccrued, whether past or present, whether suspected or unsuspected, whether liquidated or
unliquidated, whether arising at law or in equity, whether based on contract, breach of warranty,
indemnification, contribution, tort, strict liability, or otherwise, and whether involving property
damage, loss of use of property, or other financial or economic harm or any other form of injury,
that the WELLS Releasors have, had, or may have against the CITY/ROBINSON Releasees, from
the beginning of time through the Effective Date of this Agreement as it relates to the Pending
Actions.
C. Nothing in this Agreement releases any claim to enforce the obligations set forth
in this Agreement or any claim that otherwise accrues after the Effective Date of this Agreement.
Nothing herein prevents the City from enforcing its police powers against WELLS relating to
any code enforcement issues unrelated to the Pending Actions, however, without prejudice to
any of WELLS' rights and remedies under law.
5. Resolution of Dis mites Attorn /s' Fees: This Agreement is entered into in
the State of Florida and shall be construed. and interpreted in accordance with its laws, without
regard to the conflict of laws rules thereof: Venue and jurisdiction for any dispute concerning
this Agreement, including its interpretation and its effect and the effect of any release set forth
herein, and any action to enforce any provision of this Agreement, shall lie and solely be brought
in state court within the County of Brevard, State of Florida. The prevailing party in any action
to enforce any of the terms or provisions of this Agreement shall be awarded reasonable
attorneys' fees and costs, inclusive of appellate attorneys' fees and costs.
6. Integration Clause: The provisions of this Agreement comprise all of the terms,
conditions, agreements, and representations of the Parties respecting the settlement of this
dispute. This Agreement supersedes all prior agreements, arrangements, and understandings, if
any, relating to the subject matter hereof and may be amended only by an instrument in writing
executed by all Parties. All representations and promises made by any party to another, whether
in writing or orally, concerning the settlement of this dispute, are understood by the Parties to be
merged into this Agreement.
7. No Admissions: The Parties understand and agree that this Agreement
constitutes a settlement of disputed claims and amounts in order to avoid any litigation and the
expense relating thereto, and that nothing herein shall constitute or imply an admission of
liability of any kind.
8. Severability: If any portion of this Agreement is subsequently held by a court of
competent jurisdiction to conflict with any Federal, State or Local law, and as a result such
portion is declared to be invalid and of no force and effect in such jurisdiction, all remaining
unaffected provisions of this Agreement, so long as it does not prevent the material terms and
conditions of this Agreement from being implemented and the intent of this Agreement from
being fulfilled, shall otherwise remain in full force and effect and be construed as if such invalid
portion or portions had not been included herein.
9. Tax Consequences: No representations have been made by any party regarding
the taxability of all or any portion of the settlement set forth in this Agreement. The Parties have
had the opportunity to seek independent advice regarding the tax consequences of the settlement
set forth in this Agreement and accept responsibility for satisfaction of any respective tax
obligations that may result.
10. Successors: This Agreement shall be binding upon and shall inure to the benefit
of the Parties and their respective principals, affiliates, members, partners, heirs, administrators,
legal representatives, successors, and assigns.
11. Construction: The Parties acknowledge that this Agreement is the product of
even-handed negotiations and that each party has played an equal role in the drafting of this
Agreement. The language of all parts of this Agreement shall be construed as a whole according
to its fair meaning. No party to this Agreement (nor any attorney for any party) shall be deemed
to be the drafter of this Agreement. Any rule of construction under Florida law requiring that
ambiguities be resolved against the drafting party shall not be employed in the interpretation of
this Agreement.
12. Counterparts: This Agreement may be executed in multiple counterparts, all of
which shall be considered one and the same Agreement. The transmission by facsimile or
electronic mail of any original signed counterpart of the Agreement (or any amendment hereto or
any other document delivered pursuant hereto) shall be treated for all purposes as the delivery of
an original signed counterpart. The Parties agree that executed scans or photocopies of this
Agreement shall be valid and binding, in the event the original executed Agreements are missing
or unavailable.
13. Captions: The captions and headings used in this Agreement are for convenience
and means of reference only, and shall not be used to construe, interpret, expand, or limit the
terms of the Agreement.
14. Waiver: The failure of any party to this Agreement to insist upon the
performance of any of the terms and conditions of this Agreement shall not be construed as a
waiver of any such terms and conditions, but the same shall continue and remain in full force and
effect as if no such forbearance or waiver had occurred.
15. Authority: The Parties represent and warrant that the persons executing this
Agreement on their behalf are duly authorized to do so, and that the Parties or their officers and
agents have taken all corporate actions necessary to make this Agreement a valid and binding
obligation,
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
latest date set forth below.
JEFFERY W. WELLS
Signature:
Print Name: JEFFERY W. WELLS
Title: INDIVIDUALLY
Date: 1/31/22
BOGART PLACE PROPERTIES, LLC
OCEANSIDE TREASURE, LLC
OCEANSIDE PALMS, LLC
WELLS BOYS & GIRLS PROPERTY MANAGEMENT, LLC
WELL BOYS BUILDING AND CONSTRUCTION, LLC
Signature:
Print Name: JEFFERY W. WELLS
Title: MANAGING MEMBER
Date: 1/31/22
STATE OF FLORIDA
COUNTY OF BREVARD
SS
I HEREBY CERTIFY that on this 31st day of January, 2022 before me, an officer
duly qualified to take acknowledgments and give oaths, personally appeared JEFFERY W.
WELLS, individually and as officer/Manager for BOGART PLACE PROPERTIES, LLC,
OCEANSIDE TREASURE, LLC, OCEANSIDE PALMS, LLC, WELLS BOYS & GIRLS
PROPERTY MANAGEMENT, LLC, WELL BOYS BUILDING AND CONSTRUCTION, LLC,
and OCEANSIDE PALMS CONDOMINIUM ASSOCIATION, INC., by means of 0 physical
presence or 0 online notarization, to me known to be the person described in and who executed
the foregoing instrument and who acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 31st
day of January, 2022.
Signature
NOTARY PUBLIC
STATE OF FLORIDA
My Commission Expires: 2025
TRACY ANN JONES
Commission #HH 105025
Expires March 16, 2025
Bonded thr Troy Fair Insurance 800-385-7019
Personally Known OR Produced identification
Type of Identification Produced
STATE OF FLORIDA
SS
COUNTY OF BREVARD
I HEREBY CERTIFY that on this 31 day of January, 2021, before me, an officer
duly qualified to take acknowledgments and give oaths, personally appeared CHRIS ROBINSON,
by means of O physical presence or 0 online notarizatiori, to me known to be the person described
in and who executed the foregoing instrument and who acknowledged before me that he executed
the same.
WITNESS my hand and official seal in the County and State last aforesaid this 31
day of January, .2021
Patricia Ann Roth
NOTARY PUBLIC
STATE OF FLORIDA
My Commission Expires:
X-Personally Known OR Produced Identification
Type of Identification Produced
PATRICIA ANN ROTH
MY COMMISSION # HH 001077
EXPIRES: May 18, 2024
Bonded Thru Notary Public Underwriters
OCEANSIDE PALMS CONDOMINIUM ASSOCIATION, INC.
Signature:
Print Name: JEFFERY W. WELLS
Title: PRESIDENT
Date: 1/31/22
CHRIS ROBINSON
Signature:
Print Name: CHRIS ROBINSON
Title: CODE OFFICER
Date: 1-31-2022
CITY OF CAPE CANAVERAL
Signature:
Print Narne: Todd Morley
Title: City Manager
Date: 1/31/22
STATE OF FLORIDA
SS
COUNTY OF BREVARD
I HEREBY CERTIFY that on this 31 day of January, 2022, before me, an officer
duly qualified to take acknowledgments and give oaths, personally appeared
TODD MORLEY, acting as CITY MANAGER of the City of Cape Canaveral, by means of
X physical presence or 0 online notarization, to me known to be the person described in and who
executed the foregoing instrument and who acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 31
day of JANUARY, 2022.
Patricia Ann Roth
NOTARY PUBLIC
STATE OF FLORIDA
My Commission Expires:
X Personally Known OR Produced Identification
Type of Identification Produced
PATRICIA ANN ROTH
MY COMMISSION # HH 001077
EXPIRES: May 18, 2024
Bonded Thru Notary Public Underwriters
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 2
Subject: Resolution No. 2022-15; providing for the division of vacant land owned by Mike and
Collette Applicant, husband and wife, and located at the eastern terminus of East Central Boulevard
at Ridgewood Avenue, Cape Canaveral, Florida (Existing Parcel IDs 24-37-14-51-9-21.01 and
24-37-14-51-9-21.02) into two (2) lots of record for development purposes; providing for the repeal
of prior inconsistent resolutions, severability, and an effective date.
Department: Community and Economic Development
Summary: The Applicant (Mike DiChristopher) is requesting formal approval of a Lot Split to
lawfully create two parcels located at the eastern terminus of East Central Boulevard, where it
connects with Ridgewood Avenue (Parcels #24-37-14-51-9-21.01 and 24-37-14-51-9-21.02) (see
Application, Attachment 1). The property is .39 acres and is zoned R-1. Parcel 1 (northern parcel)
would be .21 acres, while Parcel 2 (southern parcel) would be .18 acres.
A general understanding of the history of the subject parcel and surrounding parcels will be helpful
in making a determination. Accordingly, a general timeline is presented:
1962. The original Plat of this area, Cape Canaveral Beach Gardens, Unit No. 2, shows the
original lot configuration (Attachment 2).
1979. With the adoption of Ordinance No. 3-79, the City rezoned the subject parcel as well
as approximately forty (40) other parcels in the immediate area from R-2 to R-1. According
to the minutes of the April 3, 1979 Meeting (Attachment 3), the Council discussed the need
for more R-1 zoning in the City, and indicated the area south of Harbor Heights would be
compatible with R-1 zoning.
1984. Lots 19-21 were apparently subdivided by Charles Pindziak into seven parcels
(Attachment 4) without seeking City approval. This situation underscores the unfortunate fact
that a property owner is able to record a deed with the Brevard Clerk of Courts subdividing
their lots without the knowledge or approval of the City. The Tax Collector and the Brevard
County Property Appraiser Office (BCPAO) control the conveyance of real property and the
issuance of tax parcel identification numbers, while cities and counties control the subdivision
of land within their respective jurisdictions for development permit purposes. Furthermore,
despite requests, the Clerk of the Court, Tax Collector and Property Appraiser do not verify
whether a subdivision of land (except for a plat) has been approved by a host city (or county)
before the deed is recorded and the parcels are redefined for their respective purposes. This
poses a significant challenge for cities and counties from a development permit perspective
because cities and counties are not able to manage all aspects of the division of land within
their jurisdiction. Cities and counties cannot prohibit a property owner from recording a deed
or prohibit the Clerk of Court from recording the deed. As is the case currently before the
Council, the City has to deal with the aftermath of the unauthorized subdivision of land when
they first learn about it, at the time a property owner later approaches to the city or county
seeking a development permit. In some cases, the property owner seeking the permit is an
innocent third party that, like the city or county, had no idea that the previous property owner
subdivided the land without the proper approval of the city and that there is a now a problem
with issuing a development permit.
City of Cape Canaveral
City Council Meeting • October 18, 2022
Agenda Item # 2
Page 2 of 5
Chain of title, as relates to the Applicant's property:
1984. Charles Pindziak, a single man, reconfigured lots 19, 20 and 21 of the original plat
(Attachment 5) in the following manner:
• The western 25 feet of the originally platted Lot 21 was removed and deeded to
parcels to the west of the subject property which remain owned by Pindziak. This
is important because even if the Applicant were to rejoin the two lots under his
control, the original Lot 21 could not be reestablished as shown in the original plat.
• The remaining portion of Lot 21 (Subject Property) was divided into the two
parcels currently depicted on the BCPAO, a north half and a south half.
1997. Charles Pindziak transferred his interest in the northern portion of the subject property
to Charles and Helen Pindziak.
1997. Charles Pindziak transferred his interest in the southern portion of the subject property
to Charles and Helen Pindziak.
2003. Charles and Helen Pindziak transferred their interest in the northern portion of the
subject property to Minuteman Realty Trust.
2003. Charles and Helen Pindziak transferred their interest in the southern portion of the
subject property to JDM Enterprises and Holdings, LLC.
2007. JDM transferred their interest in the southern portion of the subject property to Robert
and Joan Meckel.
2014. Minuteman Realty Trust transferred their interest in the northern portion of the subject
property to Robert and Joan Meckel.
2018. Robert and Joan Meckel transferred their interest in both the northern and southern
portions of the subject property to the Applicant. When the Applicant approached the City
regarding the development of the parcels, Staff determined that the parcels had not been
subdivided consistent with City subdivision requirements and therefore, a development
permit could not be issued. Note that the City has not issued development permits for lots
19 through 21.
Where we are today:
Staff is processing this request as an "after -the -fact" lot split application to review the recorded
parcels against City subdivision and zonings requirements. Per Sec. 98-66(c) of Code, Resolution
No. 2022-15 has been prepared for Council consideration (Attachment 6).
The general minimum lot requirements for R-1 zoned property requires a minimum lot size of 7,500
SF, a minimum lot width of 75', and a minimum lot depth of 100'. In evaluating the proposed
request, Staff believes the proposed northern lot clearly meets the general minimum lot
requirements. However, Staff has wrestled with the application of the general requirements to the
proposed southern lot because the proposed southern lot has a corner radius along the intersection
of E. Central Blvd and Ridgewood Avenue. The City Code is silent on how to measure the lot width
or depth of a corner lot radius. Notwithstanding the proposed southern lot would appear to meet
the minimum lot size of 7,500 SF, and has a minimum lot width of 75' and minimum lot depth of
100' when oriented to Ridgewood Avenue because then, the lot width would be 76.01' and the lot
depth would be 116.19'. On the other hand, if the southern lot were oriented to E. Central Blvd., it
would not meet the general requirements because the lot depth would only be 76.01' which is less
than the required minimum 100'.
City of Cape Canaveral
City Council Meeting • October 18, 2022
Agenda Item # 2
Page 3 of 5
At its August 3, 2022 Meeting, the Planning and Zoning Board recommended approval of
Resolution No. 2022-15 (Attachment 7) based on an examination of these general minimum lot
requirements. However, since that time, Staff became aware of Sec. 98-107(b)(3), which requires all
corner lots to have a width of at least 15 percent larger than the width of interior lots along both
adjacent streets. The Board, at the time, did not have benefit of this information to evaluate. Given
the applicant's proposed lot split, the proposed southern lot would be considered a corner lot and
it does not appear that the width of the corner lot (76.01') complies with the 15% requirement
under Section 98-107(b)(3) because the adjacent lot on E. Central Blvd., as it exists today according
to the Property Appraiser's data base map, is 100' in width. In other words, the proposed corner
lot would be required to have lot of width of a minimum of 115' in order to comply with 98-
107(b)(3).
The City's Comprehensive Plan, Future Land Use Element, POLICY LU-1.3.1 provides the City shall
enforce its various ordinances which regulate the land use categories included in the Future Land
Use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage (Sign Ordinance), and
areas subject to seasonal or periodic flooding (Stormwater Management Ordinance and Federal
Flood Insurance Program Regulations).
The Code establishes the following criteria (Sec. 98-66(b)(4)) that must be considered as part of the
review:
1. The proposed lot split shall in every respect meet the criteria established elsewhere in
this chapter and the city code for the category of zoning and other relevant codes and
applicable law under which the property is zoned. The proposed lot split would result
in a corner lot inconsistent with Sec. 98-107(b)(3) of Code that requires a corner
lot, for residential use, have a width at least 15 percent larger than the width of
interior lots along both adjacent streets.
2. The application is consistent with the city's comprehensive plan. The application is not
consistent with the applicable sections of the City's Comprehensive Plan (Policy
LU-1.3.1) because it would not meet applicable dimensional criteria in the City's
subdivision ordinance set forth in chapter 98 of the City Code.
3. The application does not create any lots, tracts of land or developments that do not
conform to the City Code. See response to criteria 1 above.
4. The application provides for proper ingress and egress to all affected properties through
a public or approved private street or perpetual cross access easements. Each of the
proposed lots would have proper access from either Ridgewood Avenue or E.
Central Avenue.
5. The application is compatible and in harmony with the surrounding neighborhood
including with respect to the size of existing surrounding lots and development trends
in the neighborhood which have been previously approved by the city council. The
surrounding area is characterized by single and multi -family residential
development. The size of the proposed lots are consistent with existing lots in the
immediate area, irrespective of the exception noted in criteria 1, above. Zoning
surrounding the subject parcel is: R-1 to the north, south and west; and R-3 to the
east.
6. The application does not create burdensome congestion on the streets and highways.
The proposed lot split will not have an adverse impact on the local road network.
City of Cape Canaveral
City Council Meeting • October 18, 2022
Agenda Item # 2
Page 4 of 5
7. The application promotes the orderly layout and use of land. The proposed lot split
will facilitate uses consistent with the surrounding area.
8. The application provides for adequate light and air. The proposed lot split will not
have an adverse impact on the provision of adequate light and air to neighboring
properties.
9. The application does not create overcrowding of land. The proposed lot split is
consistent with applicable density standards as contained in City Code.
10. The application does not pose any significant harm to the adequate and economical
provision of water, sewer, and other public services. Development associated with the
proposed lot split will be required to apply for and receive approval through the
City concurrency process.
Staff has identified three options that the Council may consider regarding this application:
1. Deny the application because it does not meet all of the review criteria of City Code Sec.
98-66(b)(4), above.
2. Deny the applicant's request for a lot split but approve the removal of the western 25 ft.
from the original Lot 21 and allow the development of one Single Family Residence. The
resulting parcel would be approximately 125' x 152', and would comply with all
applicable dimensional standards;
3. Approve the application. This approval would recognize the removal of the western 25
ft. from the original Lot 21 and allow the development of two Single Family Residences
oriented towards Ridgewood Avenue. However this approval would not meet all of the
review criteria of City Code Sec. 98-66(b)(4), above. As a condition of approval, a variance
would be required because of the reduced size of the proposed southern (corner) lot.
Sec. 98-107(b)(3), requires a corner lot have a width of at least 15 percent larger than
the width of interior lots along both adjacent streets. As currently proposed, the north
parcel would meet all applicable dimensional standards; however, the south parcel
(corner), as proposed, would have a width of only 76.01 ft. and therefore would not meet
the 15% requirement (see above).
In a letter dated September 30, 2022, Mr. Kevin Markey, Counsel for the property owner, has
provided additional testimony regarding the proposed lots' compatibility with surrounding
properties (Attachment 8).
Submitting Department Director: David Dickey
Attachments:
1. Lot Split Application
2. Original Plat of Cape Canaveral Beach Gardens, Unit No. 2 (2 sheets)
3. City Council Meeting Minutes — April 3, 1979
4. Current Lot configuration as shown on the BCPAO website.
5. Recorded deeds - reconfigured lots 19, 20 and 21.
6. Resolution No. 2022-15 with Exhibit "A"
7. Planning & Zoning Board DRAFT Minutes — August 3, 2022
8. Attorney Kevin Markey Letter — September 30, 2022
City of Cape Canaveral
City Council Meeting • October 18, 2022
Agenda Item # 2
Page 5 of 5
Financial Impact:
Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
If the Council is inclined to deny the applicant's request for the proposed lot split, the City Manager
recommends that the Council approve option 2, above.
Approved by City Manager: Todd Morley
Attachment 1
Kevin P. Markey
Professional Limited Liability Company
Attorney at Law
380 South Courtenay Parkway (321) 631-0758
Suite A
Merritt Island, FL 32952 Kevin@KevinPMarkey.com
January 28, 2022
Via hand delivery
David Dickey
Community Development Director
City of Cape Canaveral
100 Polk Avenue P.O. Box 326
Cape Canaveral, Florida 32920
Re: DiChristopher, Michael and Collette
Property Tax Account nos. 2430122 and 2430121
Dear Mr. Dickey:
I write on behalf of the above referenced applicant and submit the following lot split
application package:
• Completed Application Sheet
• Payment application fee and escrow deposit
• 6 copies of lot split plat and survey
• Title company certification (Property Information Report from Chicago Title trough
11/4/2021) together with noted attachments
• Separate sheet addressing items City Code Section 98-66(b) (1) a-e
• 500 foot Radius package from Brevard County
Upon review of my client's application package and the site itself I can safely represent on
behalf of my client that the application meets or exceeds the review criteria established by City
Code section 98-66(4).
In tandem with your consideration of this application my client would also like the
anticipated City approval to include clarification that the 25 foot building set back along the
"radius" of parcel 2 (as shown on the survey) would only apply to either the Central frontage OR
the Ridgewood Avenue frontage, but not both.
I interpret City Code section 98-66(3) to permit the City Council to approve the application
with conditions, and thus respectfully request the forgoing setback request include an
accommodation as requested in the preceding paragraph.
Page 1 of 2
CITY OF CAPE CANAVERAL
LOT SPLIT APPLICATION PACKET
Application Sheet
Date of Submittal: 1/28/2022
Project Name: DiChristopher Property
Project Address (if not available, provide general location):
NW Corner of E. Central Blvd & Ridgewood AVe.
Legal Description: See Attached Deed w/ Legal Description
FLU: Zoning: RU 1
Owner(s) Name: Michael & Colette DiChristopher
Mailing Address: 1765 Rochelle Pkwy Merrit Isl. FL 32952
Phone Number(s): 321-288-4111 Email: MDICHR@AOL.COM
If applicant is not the owner, a completed Power of Attorney form is required.
Applicant Name: Kevin P. Markey
Applicant Address: 380 S. Courtenay Pkwy Merritt Isl. FL 32953
Applicant Phone Number(s): 321-631-0758
Applicant Email: Kevin@KevinPMarkey.com
Signature (owner or applicant):
[Signature]
City of Cape Canaveral Lot Split Application — 01/2020 Pg. 3
Sincerely,
Kevin P. Markey
cc: client
enclosures as stated
Page 2 of 2
Prepared by and return to:
Michele Brenner
Landmark Title Agency, Inc..
400 East Merritt Avenue, Suite D
Merritt Island, Florida 32953
File Number. 18-14351
CFN 2018148455, OR BK 8203 Page 1999
Recorded 07/02/2018 at 04:41 PM, Scott Ellis, Clerk of Courts
Brevard County
Doc. D: $2940.00 #Pgs 3
General Warranty Deed
Made this July 2, 2018 A.D. By
Robert Meckel a/k/a Robert L. Meckel and Joan Meckel a/k/a Joan D. Meckel, husband and wife
whose address is: 8700 Ridgewood Avenue HSA, Cape Canaveral, Florida 32920,.
hereinafter called the grantor:
Michael A. Dichristopher and Colette T. Dichristopher, husband and wife
whose post office address is:
1777 Wavecrest Street, Merritt Island, Florida 32952,
hereinafter call the grantee:
(whenever and herein the tam 'grantor' and 'grantee' include an the parties to this instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations,
receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases„ conveys and confirms unto the grantee,
all that certain land situate in Brevard County, Florida, viz:
Parcel 1:
The North 76,00 feet less the West 25.00 feet of Lot 21, Block 9, Cape Canaveral Beach Gardens Units 2, recording
to the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of
Florida.
Parcel 2:
Lot 21, less the North 76.a t feet and less the West 25,00 feet thereof, Block 9, Cape Canaveral Beach Gardens Unit No.
2, according to the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of
Brevard County, Florida,
Parcel ID Number. 24-37-14-51-9-21.01 and 24-37-14-51-0-21.02
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor
has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend
the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing
subsequent to December 31, 2017.
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in our presence:
Witness Printed Name Marie Cruise
Signature
Witness Printed Name Michael Scanlon
State of Florida New Hampshire
County of BREVARD Hillsborough
The foregoing instrument was acknowledged before me this 2 day of July, 2018, by Robert Meckel Robert L. Meckel and
Joan Meckel (Joan D. Meckel, who is/are personally know to me or who has produced
NH & FL as identification.
Signature (Seal)
Robert Meckel a/k/a Robert L. Meckel
Address: 8700 Ridgewood Avenue, #5A, Cape Canaveral, Florida
32920
Signature (Seal)
Joan Meckel a/k/a Joan D. Meckel
Address: 8700 Ridgewood Avenue Unit #5A, Cape Canaveral,
Florida 32920
Signature
Notary Public
Print Name: Deborah Ann St. Clair
My Commission Expires: 11-8-22
DEED Individual warranty Deed - Legal
DEBORAH ANN ST. CLAIR
MY COMMISSION
EXPIRES
NOV 8, 2022
NOTARY PUBLIC
NEW HAMPSHIRE
CITY OF CAPE CANAVERAL
LOT SPLIT APPLICATION PACKET
Application Fee Sheet and Payment Receipt
Date: January 28, 2022
Project Name: DiChristopher Property
Non -Refundable Application Fee $500.00
Residential: $1,000.00
Commercial: $1,500.00
Application will need to address the following items in the City Code: Section 98-66 (b) (1) a-e
City of Cape Canaveral Lot Split Application — 01/2020 Pg. 4
OCEAN WOODS
PARCEL 10: 24-37-14-84-A
ABBREVIATIONS:
FND FOUND X
N80 NAIL d DISK -- V "T
ID IDENTIFICATION T
C/L CENTERLINE
P PLAN
M MEASURE
P.U.B D.E. PUBLIC UTILITIES
d DRAINAGE EASEMENT
P.U.E. PUBLIC UTILITIES EASEMENT
LOT 20.01.
BLOCK 9
L
LOT 20
BLOCK 9
0
v;
h
O
N
9e
OfO
0
0
0
0
z
WEST 25.00 FEET
0
ti
WEST 25.00 FEET
BEARING REFERENCE LINE
N90.00'00"E 275.00 (P)
5B99°54'13"E 274.91 (M)
GA 7 // L.
FND #4 REBAR
(NO ID)
•
6' CLF
X
GRAPHIC SCALE
0 27 40
( IN FEET 1
1INCH ° 20 FEET
`- SET u4 REBAR A CAP
(ID: LS 5117)
0
w
1-
X
x
N90°00'00"E 125.00
VACANT LAND
PARCEL 1
PARCEL ID: 24-37-14-51-9-21.01
N90°00'00"E 116.19
x
0
10
ti
SET #4 REBAR . CAP
(ID: LS 5117)
SET #4 REBAR & CAP -"
(ID: LS 51171 1.
0
VACANT LAND
PARCEL 2
PARCEL ID: 24-37-14-51-9-21.02
SET NB0
(ID: PLS 5117)
SET NA.0-
(ID: PLS 5117)
S90°00'00"W 53.93
2' MIAMI CURB (TYP)
CURVE DATA:
RADIUS: 60.00
DELTA: 83.23'10"
ARC: 87.32'
5' S/W
SANITARY SEWER
MANHOLE
CENTRAL BOULEVARD (80' RIGHT OF WAY)
14"
FND #5 REBAR
(NO ID)
FND 3" x 3"
CONCRETE
MONUMENT
(ID: PRM
LB7621
0
1-
O
FND 1/2"
GROUND ROD
FND 3" x 3"
CONCRETE
MONUMENT
(NO ID)
PALM TREE
(TYP)
'STOP' SIGN
METAL LIGHT POLE
5117 ;a=
-0.
KUGELMANN LAND SURVEYING, INC.
30 NORTH TROPICAL TRAIL. SUITE 8
1.1FRRITT ISLAND. FLORIDA 32953
L.B. NO, 6575 - PHONE 1321) 459-0930
MAP OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED
TO: MIKE DICHRISTOPHER
LEGAL. DESCRIPTION:
PARCEL 1:
THE NORTH 76.00 FEET LESS THE WEST 25.00 FEET
OF LOT 21. BLOCK 9. CAPE CANAVERAL BEACH
GARDENS UNIT N0.2 ACCORDING TO THE MAP OR PLAT
THEREOF. AS RECORDED IN PLAT BOOK 17. PAGE(5)
81 ANO 82. OF THE PUBLIC RECORDS OF BREVARD
COUNTY. FLORIDA.
PARCEL 2:
LOT 21. LESS THE NORTH 76.00 FEET AND LESS THE
WEST 25.00 FEET THEREOF. BLOCK 9. CAPE CANAVERAL
BEACH GARDENS UNIT N0. 2. ACCORDING TO THE MAP
OR PLAT THEREOF. AS RECORDED IN PLAT BOOK 17.
PAGEIS) 81 AND 82. OF THE PUBLIC RECORDS OF
8REVARD COUNTY. FLORIDA.
SURVEYOR'S NOTES:
1. FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP 12009C03630.
01129/2021.
2. FENCE OWNERSHIP UNKNOWN.
3. NO APPARENT ENCROACHMENTS NOTED.
A. SUBJECT 70 ANY EASEMENTS AND/OR RIGHTS-OF-WAT OF RECORD.
5. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A
TITLE SEARCH.
6. SURVEY DOES NOT WARRANT TITLE.
7. UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED
AT TINE OF SURVEY.
8. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE
CLIENT I5) SHOWN HEREONI COPIES ARE VALID ONL WHEN
SIGNED. DATED AND SEALED WITH THE SURVEYOR'S SEAL.
UPDATED SURVEY
10/25/21
DESCRIPTION
DATE
REVISIONS
SIGNATURES
DATE
FIELD COMPLETION
10/26/18
DRAWN: KKW
I1/01/18
CHECKED: MJF/JRM
1t/01/18
SURVEYOR: DJK
11/01/18
FIELD BOOK N0.81 9 75
DWG. NO. 2018113_BNOY.OGN
SCALE: 1" 201.1 OF 1
PROJ. NO. 2018113
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE SURVEY DEPICTED HEREON
IS TRUE AND MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.051.
FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION
472.027. FLORIDA STATUTES.
Digitaly signed by David J
David J Kugelmann Kugelmann
Date: 2021.10.2510:52:33 -04'00'
OAVID J. KUGELMANN P.L.S. N0. 5117
STATE OF FLORIDA
CAPE
DESCRIPTION:
CANAVERAL BEACH
GARDENS
UNIT No.2
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THIS IS TO CE4TIF1, Ise M MA. o op . INS NM* an, M Arkw *My 4.N01And n
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DEDICATION
NNOW ALL MEN SY 1HTT4 PROEMS, SM MN CeepeeKKA nerd
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NOTARY KALIC
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CERTIFICATE OF SURVEYOR
KNOW ALL MEN 0Y THESE MUMS. MN De o•/«dggi, Wog •
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Fred C.4dy, Redd, Deed 0.T ae 19St
d'L.:...L A' !4'4.4.4 1140111111141. No. 'IA...
CERTIFICATE OF APPROVAL
BY MUNICIPALITY
THIS IS TOCERIFY,lMfr 3 01,WOQ04- /S4+- M,.
CI!Y • 4.O040Ieec 4 .4 C,fN` C.t4,1w.✓14d4.
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CRY GLUM
CERTIFICATE OF APPROVAL BY BOARD
OF COUNTY COMMISSIONERS
114S IS TO CER7FY, 14f r.. 010
ie1p,D P6t .r ofP'•'•4 W NM Masi M Corey Crdels4Ke .
Fred Casey, Rawl,
AI*.*
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AFP•e+a Cowes, Emelefe,
CERTIFICATE or APPROVAL
BY ZONING COMMISSION
THIS R 10 GUTSY, The r 41+Lcfa I% 3' No
Zoning Ca6NdM, .1 eh above Ml.4ey.0ly •,,meld H. 1•'•ii4i
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CERTIFICATE OF CLERK
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Chicago Title Insurance Company
PROPERTY INFORMATION REPORT
Order No.: 10066878
Customer Reference Number 21-15855
Addressee:
City of Cape Canaveral
100 Polk Avenue
Cape Canaveral, Florida 32920
Chicago Title Insurance Company has caused to be made a search of the Public Records of Brevard
County, Florida, ("Public Records"), from 07/02/2018, through 06/28/2022 8:00 AM, as to the
following described real property lying and being in the aforesaid County, to -wit:
Parcel 1:
The North 76.00 feet less the West 25.00 feet of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit
No. 2, according to the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the
Public Records of Brevard County, Florida.
Parcel 2:
Lot 21, less the North 76.00 feet and less the West 25.00 feet thereof, Block 9, Cape Canaveral Beach
Gardens Unit No. 2, according to the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and
82, of the Public Records of Brevard County, Florida.
As of the effective date of this Report, the apparent record Fee Simple title owner(s) to the above -
described real property is/are:
Michael A. Dichristopher and Colette T. Dichristopher, husband and wife
The following liens against the said real property recorded in the aforesaid Public Records have been
found:
Parcel 1:
A. NONE
1. Additional Information:
Intentionally Deleted
2. NOTE: 2021 Real Property Taxes in the gross amount of $1,446.35 are Paid, under Tax I.D. No.
24-37-14-51-9-21.01.
i. Parcel 2:
A. NONE
3. Additional Information:
Intentionally Deleted
Property Information Report Page 1 of 2
Order No.: 10066878
Customer Reference Number 21-15855
4. NOTE: 2021 Real Property Taxes in the gross amount of $1,446.35 are Paid, under Tax I.D. No.
24-37-14-51-9-21.02.
Public Records shall be defined herein as those records currently established under the Florida Statutes
for the purpose of imparting constructive notice of matters relating to real property to purchasers for
value and without knowledge.
This Report shows only matters disclosed in the aforesaid Public Records, and it does not purport to
insure or guarantee the validity or sufficiency of any documents noted herein; nor have the contents
of any such documents been examined for references to other liens or encumbrances. This Report is
not to be construed as an opinion, warranty, or guarantee of title, or as a title insurance policy; and its
effective date shall be the date above specified through which the Public Records were searched. This
Report is being provided for the use and benefit of the Addressee(s) only, and it may not be used or
relied upon by any other party. This Report may not be used by a Chicago Title Insurance Company
agent for the purpose of issuing a Chicago Title Insurance Company title insurance commitment or
policy.
This Report is not title insurance. Pursuant to s. 627.7843, Florida Statutes, the maximum liability of
the issuer of this property information report for errors or omissions in this property information report
is limited to the amount paid for this property information report, and is further limited to the
person(s) expressly identified by name in the property information report as the recipient(s) of the
property information report.
Chicago Title Insurance Company
Signature
Property Information Report Page 2 of 2
Comments to City Code section 98-66(4):
a. The north lot would be .21 acres, and the south lot would be .18 acres, each formerly zoned R-2
(medium density residential) and now zoned R-1 (low density residential). They are located in a
residential neighborhood upon which the applicant intends to construct 2 single family
residences that would be (i) harmonious with surrounding single family homes and (ii) compliant
with current building and zoning codes, and (iii) set -back requirements.
b. Section 7, "Housing Element" objective H-1.9 of the City Comprehensive Plan provides as
follows: Encourage a variety of housing types within the City, to provide for adequate sites and
distribution of housing for low-income and moderate -income households, and to promote
housing policies that reflect sound land use principles and development practices. The
measurement of this Objective is the extent to which housing variety occurs within the City and
the degree to which the following Policies are implemented.
And Policy H-1.9 of the City Comprehensive Plan provides as follows: The City shall promote
single-family and other low density housing types to balance the many high -density residential
developments in the community.
And the Future Land Use Element of the City Comprehensive Plan contemplates a minimum lot
size of .17 acre, with which the proposed split is compliant.
c. No lots created would be in violation of city codes, subject to consideration of applicant's request
that the 25 foot building set back along the "radius" of parcel 2 (as shown on the survey) would
only apply to the Central Blvd frontage.
d. 1 lot will front directly on Ridgewood Avenue; the other will front both Ridgewood and Central
Blvd. Thus access to public roads provides adequate ingress and egress to/from the lots.
e. The lots were unlawfully split years ago by the former owner and were previously (and
ORIGINALLY) described as one platted lot within a platted subdivision.
f. The proposed residential use of the lots would not unduly burden existing traffic patterns on
immediately surrounding streets.
g. A single family home on each lot is an obvious and highest -and -best use of the lots and in
furtherance of the City Comprehensive Plan as noted in b. above.
h. A residential lot split re -affirming the original plat with R-2 mutifamily zoning would have
resulted in the construction of two single family homes with a Central Blvd setback of 15 feet in
a predominately residential neighborhood would not adversely affect light and air.
i. A residential lot split re -affirming the original plat with R-2 Zoning and resulting in the
construction of two single family homes in a predominately residential neighborhood would not
result in overcrowding of land.
j. A residential lot split re -affirming the original plat with R-2 zoning and resulting in the
construction of two single family homes in a predominately residential neighborhood would not
adversely harm water, sewer, or other public services such as fire, police, or other first
responders.
Attachment 2
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AND PAGE gl
DEDICATION
401OLV ALL 1aEN 6Y THESE 1RE$ENT$„ 11s11he C.,as"aliwl nand
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IN WITNESS WHEREOF, her caused thew prn.Ms 1a Iw 11F,.d .wd
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STATE OF.44irf.6 Ges1i.o'* COUNTS DEC 0.119w407.
T1.15 IS TO CERTIFY, Ito{ .n.:aH. p rtr...G7.r• 7 rrb3-
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SEAL
CKF1TIFIGATE OF SURVEYOR
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tie. A . r. Megi.lr.1ian No. '.1,1.
CERTIFICATE OF APPROVAL
BY MUNICIPALITY
THIS IS TO CERTIFY. 16.1 as 47cT-a6arm i4GF- v6.
Cray a➢T CL1 t.a16.F- rf C,TOY cF.J.a✓a,C44
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RAS01.1e1
MAYOR.
• FF arr CLERIC
.pprnwd tM toragdnq
SEAL
CERTIFICATE OF APPROvAL, E;r 1941ARO
OF COUNTY COMMISSIONERS
TFIS IS TO CERT1VY, T6d on 1.
.e1 approved 6y 1M Bead el Cau,1T Commi.Aln.rr .1
M'eveld Cards, N.:d.,
CI'.i,.s... of the Dowd.
CI.4 aF 1he le.,d.
Approval
enn-il E,gr,w
CERTIFICATE OF APPROVAL
BY ZONING COMMISSION
YM515 TO CERIFFY, 1641 en fcE x r..! ,' 1 . the
Zoning C.m,:wloo of the .6om tMio'P. E1'f .ppre.nd the tnegdng
REGULAR MEETING
CITY COUNCIL
APRIL 3, 1979
MICROFILMED 4-24.80
Attachment 3
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL WAS HELD ON APRIL 3, 1979 AT CITY
HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM,
AT 7.31 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS P.T. LEE,
J.L. MURPHY AND M.A. RIGERMAN, CITY MANAGER ANITA J. OSTROM
CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK PATRICIA J.
BEAULIEU AND SGT. AT ARMS PHYLLIS NELSON. MRS. BOYD WAS
ABSENT DUE TO OUT OF TOWN BUSINESS.
THE MINUTES OF THE REGULAR MEETING OF MARCH 20
WERE APPROVED AS READ.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 3-79 AMENDING ZONING
ORDINANCE SECTION 633.01 ZONING
DISTRICT CLASSIFICATION R-2 TO R-1,
IN CAPE CANAVERAL BEACH GARDENS,
UNIT 2, PLAT BOOK 17, PAGE 81,
BLOCK 6, LOTS 1 THRU 8, BLOCK 7,
LOTS 1 THRU 11, BLOCK 8, LOTS 2,
THRU 8, BLOCK 9, LOTS 4 THRU 21
(2ND READING POSTPONED ON FEBRUARY 20)
ATTORNEY SCOTT READ THE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE PURSUANT TO SECTION 633.01,
ZONING REGULATIONS OF THE CITY OF CAPE
CANAVERAL, FLORIDA, PROVIDING FOR A CHANGE
IN THE ZONING DISTRICT CLASSIFICATION FROM
R-2 TO R-1 OF FOLLOWING PROPERTY: LOTS 1
THROUGH 8, BLOCK 6, LOTS 1 THROUGH 11, BLOCK
7, LOTS 2 THROUGH 8, BLOCK 8, AND LOTS 4
THROUGH 21, BLOCK 9, UNIT 2, CAPE CANAVERAL
BEACH GARDENS, ACCORDING TO PLAT THEREOF
RECORDED IN PLAT BOOK 17,PAGE 81, PUBLIC
RECORDS OF BREVARD COUNTY, FLORIDA: BY
PROVIDING THAT SUCH CHANGES TO THE ZONING
DISTRICTS SHALL NOT BECOME EFFECTIVE UNTIL
THEY HAVE BEEN DULY ENTERED UPON THE OFFICIAL
ZONING MAP, BY AUTHORIZING SUCH CHANGES TO BE
MADE ON THE OFFICIAL ZONING MAP AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAID
CHANGE ON SAID ZONING MAP: REPEALING ALL PARTS
OF THE CODE IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
MR. MURPHY MOVED FOR ADOPTION. MAYOR THURM SECONDED MOTION.
MICROFILMED 4-24-80
MR. MURPHY QUESTIONED WHETHER OR NOT THE PROPERTY
OWNER WHO HAD NOT BEEN NOTIFIED AT THE LAST HEARING
HAD BEEN NOTIFIED. THE CLERK INFORMED COUNCIL THAT
MR. KENDUST HAD BEEN NOTIFIED AND NO OBJECTION HAD BEEN
RECEIVED.
THE FLOOR WAS OPEN FOR DISCUSSION FOR THOSE IN
FAVOR OF THE ORDINANCE. MR. FRED SKELLY VOICED HIS
OPINION IN FAVOR OF THE ORDINANCE. MR. GEORGE FIRKINS,
VICE PRESIDENT OF CEVESCO, SPOKE TO COUNCIL EXPLAINING
THAT HE FELT THAT THIS RE -ZONING FROM R-2 TO R-1- WOULD
BE IN BEST INTEREST OF THE CITY AND CEVESCO. MAYOR THURM
READ A LETTER FROM MR. QUINCE EXPRESSING HIS APPROVAL OF
THIS ZONING CHANGE.
THE FLOOR WAS OPENED FOR THOSE OPPOSED TO THE RE-
ZONING. CHARLES PINDZIAK SPOKE IN OPPOSITION TO THE
CHANGE AND PRESENTED COUNCIL LETTERS FROM MR. AND MRS. CALLI
AND WILLIAM KETTNER, OWNERS OF LOTS IN BLOCK 7,
EXPRESSING THEIR OPPOSITION. SUBJECT LETTERS WERE READ
FOR THE RECORD. MR. PINDZIAK POINTED OUT THAT BLOCK 7
CONTAINED 11 LOTS AND HAD ONLY TWO OWNERS IN FAVOR OF
THE RE -ZONING. DURING THE DISCUSSION IT WAS NOTED BY
COUNCIL THAT TWO OWNERS IN THIS BLOCK HAD NOT VOICED
OBJECTION TO THE CHANGE.
MARGARET DAILEY, OWNER OF LOTS 4 AND 5 IN BLOCK 6,
AND NICHOLI LUCIANO, OWNER OF LOT 3, BLOCK 7, SPOKE IN
OPPOSITION TO THE RE -ZONING.
COUNCIL REVIEWED THE NUMBER OF LOTS COVERED BY THE
ENTIRE ZONING CHANGE. MR. LEE NOTED THAT THE MAJORITY
WERE IN FAVOR OF THE PROPOSED ZONING CHANGE.
MR. PINDZIAK WANTED TO GO ON RECORD THAT IN THE
EVENT THIS ZONING CHANGE IS APPROVED HE WOULD TAKE THIS
MATTER TO COURT DUE TO THE UNCONSTITUTIONALITY OF THE
RE -ZONING.
COUNCIL MINUTES
4-3-79
PAGE 2 OF 7 & ATTACHMENTS
MICROFILMED 4-24-80
MR. MURPHY QUESTIONED ATTORNEY SCOTT REGARDING THE
CONSTITUTIONALITY OF THE RE -ZONING. MR. SCOTT REQUESTED
HE GO ON RECORD AS ADVISING COUNCIL THEY WOULD PERHAPS
HAVE A 50/50 CHANCE IN THE COURTS AND EXPLAINED THE LEGAL
POINTS THE COURT WOULD CONSIDER IN THIS TYPE OF CASE.
DISCUSSION ON THE RE -ZONING CONTINUED BY COUNCIL.
MR. MURPHY POINTED OUT THAT THE CITY NEEDED MORE R-1
AND ALSO THAT THERE WAS ALREADY TWO HOMES BUILT ON SURF
DRIVE AT THE PRESENT TIME.
MRS. RIGERMAN RELATED COMMENTS FROM THE PLANNING AND
ZONING BOARD ON THE SUBJECT OF THIS PROPOSED ZONING CHANGE:
1. THE BOARD RECOGNIZED THE LACK OF R-1 IN THE CITY,
2. ALTHOUGH OCEAN WOODS HAS MULTIPLE FAMILY, THERE ARE
SOME SINGLE FAMILY HOMES AND IT IS A CONTINUATION OF R-1
ZONING FROM HARBOR HEIGHTS AS THIS ABUTS THIS PROPOSED
RE -ZONING. MRS. RIGERMAN FURTHER EXPLAINED THAT ALTHOUGH
THE COMPREHENSIVE PLAN CALLED FOR R-1 NORTH OF HARBOR
HEIGHTS, THE BOARD FELT AN AREA SOUTH OF HARBOR HEIGHTS
WOULD BE A MORE COMPATIBLE AREA FOR R-1.
VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF
ORDINANCE WAS AS FOLLOWS: IN FAVOR, MR. LEE, MR. MURPHY
AND MRS. RIGERMAN, OPPOSED, MAYOR THURM. MOTION CARRIED.
ORDINANCE NO. 3-79 ADOPTED.
NEW BUSINESS
MAYOR THURM REQUESTED THAT ITEM 3 BE TAKEN UP AT
THIS TIME.
ITEM 3. DISCUSSION RE: ADOPTING COUNTY ANIMAL CONTROL
ORDINANCE
MR. STAMP AND MR. WARREN FROM COUNTY ANIMAL CONTROL
WERE IN ATTENDANCE AND BRIEFLY REVIEWED FOR COUNCIL THE
MAJOR DIFFERENCES BETWEEN THE COUNTY ANIMAL CONTROL
ORDINANCE AND THE CITY'S ORDINANCE. THEY EXPLAINED THAT
THEY WERE REQUESTING THE CITY CONSIDER THIS CHANGE FOR
THE SAKE OF UNIFORMITY. MAJOR DIFFERENCES WERE THE NUMBER
OF ANIMALS ALLOWED, NUMBER OF BITES, FEES AND HOLDING TIME.
COUNCIL MINUTES
4-3-79
PAGE 3 OF 7 & ATTACHMENTS
Attachment 4
Current Lot configuration as shown on the BCPAO website
Attachment 5
Lot 19.1
DEED OF GIFT
THIS INDENTURE, made this 3Oth day of January, 1984, by and
between CHARLES W. PINDZIAK, a single man, of the County of
Brevard and State of Florida, Grantor, and CHARLES W. PINDZIAK,
Grantee, whose address is 6099 N. Atlantic Avenue, Cape Canaveral,
Florida.
WITNESSETH:
That the said Grantor, for and in consideration of the love
and affection which the Grantor has for the Grantee, has by
these presents given, remised, released and conveyed and does by
these presents give, remise, release and covey unto the Grantee
all of the right, title, interest, and claim and demand which the
Grantor has in and to the following -described land, situated
and being in Brevard County, State of Florida, to wit:
The North 76.00 feet less the West 75.00 feet
of Lot 19 and the North 76.00 feet less the
East 75.00 feet of Lot 20, Block 9; as shown
on the plat of CAPE CANAVERAL BEACH GARDENS
UNIT No. 2 as recorded in Plat Book 17 at
Page 81 of the Public Records of Brevard
County, Florida.
Subject to real property taxes for the year 1984 and
subsequent years and easements and restrictions presently of
record; however, this conveyance shall not reimpose the same.
IN WITiIESS WHEREOF, the Grantor has hereunto set his hand
and seal the day and year first above written.
Signed, sealed and delivered in the
presence of :
Signature
Witness
Signature
Witness
STATE OF FLORIDA
COUNTY OF BREVARD
Signature
CHAPLES W. PINDZIAK
REG. 5.00
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, CHARLES W. PINDZIAK, a single man, to me well
known to be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the ,
foregoing instrument freely and voluntarily for the purposes
therein -expressed.
WITNESSED my hand and official seal in the State and County
aforesaid this 30th day of January 1984.
Signature
NOTARY PUBLIC
My Commission Expires Sept. 16, 1986
This instrument prepared by
prepared by
Charles W. Pindziak
6099 N. Atlantic Ave., P.O. Drawer P
Cape Canaveral, Fla. 32920
2486 OFF REC.
854501 1984 FEB-6PM 3:03
PAGE 1101
Attachment 5
Lot 19.2
DEED OF GIFT
THIS INDENTURE, made this 30th day of January, 1984, by and
between CHARLES W. PINDZIAK , a single man, of the County of
Brevard and State of Florida, Grantor, and CHARLES W. PINDZ.IAK,
Grantee, whose address is 6099 N. Atlantic Avenue, Cape Canaveral,
Florida.
WITNESSETH:
That the said Grantor, for and in consideration of the love
and affection which the Grantor has for the Grantee, has by
these presents given, remised, released and conveyed and does by
these presents give, remise, release and covey unto the Grantee
all of the right, title, interest, and claim and demand which the
Grantor has in and to the following -described land, situated
and being in Brevard County, State of Florida, to wit:
Lot 19, less the North 76.00 feet and less
the West 75.00 feet thereof, and Lot 20, Iess
the North 76.00 feet and less .the East 75.00
feet thereof, Block 9, as shown on the plat
of CAPE CANAVERAL BEACH GARDENS UNIT No. 2 as
recorded in Plat Book 17 at Page 81 of the
Public Records of Brevard County, Florida.
Subject to real property taxes for the year 1984 and tig
subsequent years and easements and restrictions presently of
record; however, this conveyance shall not reimpose the same.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand
and seal the day and year first above written.
Signed, sealed and delivered in the
presence of:
Signature
Witness
Signature
Witness
Signature
CHARLES W. PINDZIAK
5.00
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, CHARLES W. PINDZIAK, a single man, to me well
known to be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
foregoing instrument freely and voluntarily for the purposes
therein expressed.
WITNESSED my hand and official seal in the State and County
aforesaid this 30th day of January, 1984.
Signature
NOTARY PUBLfC
My Commission Expires Sept. 16, 1986
This instrument prepared by
Charles W. Pindziak
6099 N. Atlantic Ave., P.O. Drawer P
Cape Canaveral, Fla. 32920
2486
OFF: REC.
854499
1984 FEB-6 PM 3:03
PAGE 1189
Attachment 5
Lot 20.1
DEED OF GIFT
THlS INDENTURE, made this 30th day of January, 1984, by and
between CHARLES W. PINDZIAK a single man, of the County of
Brevard and State of Florida, Grantor, and CHARLES W. PINDZIAK,
Grantee, whose address is 6099 N. Atlantic Avenue, Cape Canaveral,
Florida.
WITNESSETH:
That the said Grantor, for and in consideration of the love
and affection which the Grantor has for the Grantee, has by
these presents given, remised, released and conveyed and does by
these presents given, remised, released and covey unto the Grantee
all of the right, title, interest, and claim and demand which the
Grantor has in and to the following -described land, situated
and being in Brevard County, State of Florida, to wit:
The East 75.00 feet less the North 76.00 feet
of Lot 20 and the West 25.00 feet less the
North 76.00 feet of Lot 21, Block 9, as shown
on the plat of CAPE CANAVERAL BEACH GARDENS
UNIT No. 2 as recorded in Plat Book 17 at
Page 81 of the Public Records of Brevard
County, Florida.
Subject to real property taxes for the year 1984 and
subsequent years and easements and restrictions presently of
record; however, this conveyance shall not reimpose the same.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand
and seal the day and year first above written.
Signed, sealed and delivered in the
presence of:
Signature
Witness
Signature
Witness
Signature
CHARLES W. PINDZIAK
5.00
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, CHARLES W. PINDZIAK, a single man, to me well
known to be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
foregoing instrument freely and voluntarily for the purposes
therein expressed.
WITNESSED my hand ,and official seal in the State and County
aforesaid this 3oth day of January, 1984.
Signature
NOTARY PUBLIC
My Commission Expires Sept. 16, 1986
This instrument prepared by
Charles W. Pindziak
6099 N. Atlantic Ave., P.O. Drawer P
Cape Canaveral, Fla. 32920
854500
1984 FEB-6 PM 3:03
OFF: REC.
2486
PAGE
1190
Attachment 5
Lot 20.2
DEED OF GIFT
THIS INDENTURE, made this 30th day of January, 1984, by and
between CHARLES W. PINDZIAK, a single man, of the County of
Brevard and State of Florida, Grantor, and CHARLES W. PINDZIAK,
Grantee, whose address is 6099 N. Atlantic Avenue, Cape Canaveral,
Florida.
WITNESSETH:
That the said Grantor, for and in consideration of the love
and affection which the Grantor has for the Grantee, has by
these presents given, remised, released and conveyed and does by
these presents give, remise, release and covey unto the Grantee
all of the right, title, interest, and'claim and demand which the
Grantor has in and'to the following -described land, situated
and being in Brevard County, State of Florida,- to wit:
The North 76.00 feet of the East 75.00 feet
of Lot 20 and the North 76.00 feet of the
West 25.00 feet of Lot 21, BIock 9, as shown
on the plat of CAPE CANAVERAL'BEACH GARDENS
UNIT No. 2 as recorded in Plat Book 17 at
Page 81 of the Public Records of Brevard
County, Florida.
Subject to real property taxes for the year 1984 and
subsequent years and easements and restrictions presently of
record; however, this conveyance shall not reimpose the same.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand
and seal the day and year first above written.
Signed, sealed and delivered in the
presence of:
Signature
Witness
Signature
CHARLES W. PINDZIAK
Signature
Witness
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on thi% day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, CHARLES W. PINDZIAK, a single man, to me well
known to be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
foregoing instrument freely and voluntarily for the purposes
therein expressed.
WITNESSED my hand and official seal in the State and County
aforesaid this 30th day of January, 1984.
Signature
NOTARY PUBLIC
My Commission Expires Sept. 16, 1986
This instrument prepared by
Charles W. Pindziak
6099 N. Atlantic Ave., P.O. Drawer P
Cape Canaveral, Fla. 32920
854502
1984 FEB -6 PM 3:03
OFF: REC.
2486
PAGE
1192
Attachment 5
Lot 21.1
DEED OF GIFT
THIS INDENTURE, made this 25th day of January, 1984, by and
between CHARLES W, PINDZIAK , a single man, of the County of
Brevard and State of Florida, Grantor, and CHARLES W. PINDZIAK, Prepared by
Grantee, whose address is 6099 N. Atlantic Avenue, Cape Canaveral,
Florida.
WITNESSETH:
That the said Grantor, for and in consideration of the love
and affection which the Grantor has for the Grantee, has by
these presents given, remised, released and conveyed and dose by
these presents give, remise, release and covey unto the Grantee
all of the right, title, interest, and claim and demand which the
Grantor has in and to the following -described land, situated
and being in Brevard County, State of Florida, to wit:
The North 76.00 feet less the West 25.00 feet
of Lot 21, Block 9 as shown on the plat of
CAPE CANAVERAL BEACH GARDENS UNIT NO. 2 as
recorded in Plat Book 17 at Page 81 of the
Public Records of Brevard County, Florida.
Subject to real property taxes for the year 1984 and
subsequent years and easements and restrictions presently of
record; however, this conveyance shall not reimpose the same.
IN WITNESS WHEREOF, the Grantor has hereunto1 set his hand
and seal the day a,ld year first above written.
Signed, sealed and delivered in the
presence of:
Signature
Witness
Signature
CHARLES W. PINDZIAK
Signature
Witness
STATE OF FLORIDA
COUNTY OF BREVARD
REC FEE $5.00
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, CHARLES W. PINDZIAK, a single man, to me well
known to be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
foregoing instrument freely and voluntarily for the purposes
therein expressed.
WITNESSED my hand,nd official seal in the State and County
aforesaid this 25th day of January, 1984.
Signature
NOTARY PUBLIC
Notary Public, State of Florida at Large
My Corrmission Expires Sept. 16, 1986
2517
850404
1984 JAN 25 PM 3:09
OFF: REC
2483
Attachment 5
Lot 21.2
DEED OF GIFT
THIS INDENTURE, made this 25th day of January,1984, by and
between CHARLES W. P I NDZIAK, a single man, of the County of
Brevard and State of Florida, Grantor, and CHARLES W. PINDZIAK Prepared by
GRANTEE, whose address is 6099 N. Atlantic Avenue, Cape Canaveral,
Florida.
W ITNESSETH :
That the said Grantor, for and in consideration of the love
and affection which the Grantor has for the Grantee, has by
these presents given, remised, released and conveyed and dose by
these presents give, remise, release and covey unto the Grantee
all of the right, title, interest, and claim and demand which the
Grantor has in and to the following -described land, situated
and being in Brevard County, State of Florida, to wit:
Lot 21, less the North 76.00 feet and less the
West 25.00 feet thereof, Blodk 9, as shown on
the plat of CAPE CANAVERAL BEACH GARDENS
UNIT NO. 2 as recorded in Plat Book 17 at
Page 81 of the Public Records of Brevard
County, Florida.
Subject to real property taxes for the year 1984 and
subsequent years and easements and restrictions presently of
record; however, this conveyance shall not reimpose the, same.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand
and seal the day and year first above written.
Signed, sealed and delivered in the
presence of:
Signature
Witness
Signature
CHARLES W. PINDZIAK
Signature
Witness
STATE OF FLORIDA
COUNTY OF BREVARD
REC FEE $5.00
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, CHARLES W. PINDZIAK, a single man, to me well
known to be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
fbregoing instrument freely and voluntarily for the purposes
therein expressed.
WITNESSED my hand and official seal in the State and County
aforesaid this 25th day of January, 1984.
OFF! REC:
2483
Signature
NOTARY PUBLIC
Notary Public, State of Florida at Large
My Commission Expires Sept. 16, 1986
PAGE
2518
850405
1984 JAN 25 PM 3:09
Attachment 6
RESOLUTION NO. 2022-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR THE DIVISION OF
VACANT LAND OWNED BY MIKE AND COLETTE
DICHRISTOPHER, HUSBAND AND WIFE, AND LOCATED AT THE
EASTERN TERMINUS OF EAST CENTRAL BOULEVARD AT
RIDGEWOOD AVENUE, CAPE CANAVERAL, FLORIDA (EXISTING
PARCEL IDS. 24-37-14-51-9-21.01 AND 24-37-14-51-9-21.02)
INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT
PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law, including regulating the subdivision of land for development purposes; and
WHEREAS, Section 98-66 of the City Code allows an owner of a single parcel of land of
sufficient size that satisfies zoning bulk regulations to divide the parcel of land once to create an
additional parcel of land; and
WHEREAS, Section 98-66 of the City Code authorizes the City Council to approve such
division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and
application process for lot splits; and
WHEREAS, Mike and Colette DiChristopher, husband and wife, (hereinafter "Owner") are
the owner of certain vacant real property located at the eastern terminus of East Central Boulevard
at Ridgewood, Cape Canaveral, Florida, more particularly depicted and legally described herein
("Property"); and
WHEREAS, the Property was divided into two parcels by the former property owner by
deed without the approval of the City of Cape Canaveral as required by City Code; and
WHEREAS, the Owner now seeks approval of the division of the Property into two lots for
development purposes in accordance with the requirements of the City Code; and
WHEREAS, said lots are more particularly depicted and legally described herein; and
WHEREAS, at its public meeting on August 3, 2022, the City's Planning & Zoning Board
considered the Owner's Application for a Lot Split and recommended approval to the City Council;
and
City of Cape Canaveral
Resolution No. 2022-15
Page 1 of 3
WHEREAS, the City Council finds that Owner has satisfied all of the requirements for lot
splits set forth in section 98-66 of the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Resolution is in
the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA
HEREBY RESOLVES, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
fully incorporated by this reference.
Section 2. Approval and Condition of Lot Split.
(a) The City Council hereby approves, pursuant to section 98-66 of the City Code, the
division of the real property located at the eastern terminus of East Central Boulevard at
Ridgewood Avenue, Cape Canaveral, Florida (existing parcel ids. 24-37-14-51-9-21.01 and 24-37-
14-51-9-21.02), and legally described in "Exhibit A," attached hereto and fully incorporated herein
by this reference, into two (2) separate lots. Said separate lots are referred to as Parcels "1" and
"2" on the survey prepared by Kugelmann Land Surveying, Inc., dated October 25, 2021, and more
particularly depicted and legally described on "Exhibit A" as respectively containing 0.21 acres and
0.18 acres, more or less.
(c) Upon recordation of this Resolution in the Official Public Records of Brevard
County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant
to applicable law.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed
to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Resolution.
Section 5. Instructions to Staff. Pursuant to section 98-66 of the City Code, the City Clerk
is hereby directed to record this Resolution in the Official Public Records of Brevard County,
Florida in conjunction with or at such time a fully executed and recordable Declaration of
Easements has been delivered to the City by the Owner.
City of Cape Canaveral
Resolution No. 2022-15
Page 2 of 3
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral. However, the Resolution shall not
be binding upon the Property until recorded by the City in accordance with the requirements of
this Resolution.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
this 18th day of October, 2022.
Wes Morrison, Mayor
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
ATTEST (City Seal):
Mia Goforth, CMC
City Clerk
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2022-15
Page 3 of 3
For Against
Resolution No. 2022-15 I Exhibit A •
ABBREVIATIONS:
FND FOUND
N&D NAIL & DISK
ID IDENTIFICATION
C/L CENTERLINE
P PLAN
M MEASURE
P.U.B D.E. PUBLIC UTILITIES
8 DRAINAGE EASEMENT
P.U.E. PUBLIC UTILITIES EASEMENT
LOT 20.01,
BLOCK 9
LOT 20
BLOCK 9
N
0
CV
Ln
O
O
0
O
0
0
z
0
OCEAN WOODS
PARCEL ID: 24-37-14-84-A
L
BEARING REFERENCE LINE
N90°00'00"E 275.00 (P)
S89°54'13"E 274.91 (M)
FND #4 REBAR
(NO ID)
14
w
w
0
0
Ln
N
0
w
w
w
w
0
0
Ln
CV
LI
w
12
1?
0
0
6' CLF
x x
GRAPHIC SCALE
MMMM
0 20
( IN FEET )
1 INCH = 20 FEET
SET #4 REBAR & CAP
(ID: LS 5117)
N90°00'00"E 125.00
VACANT LAND
PARCEL 1
PARCEL ID: 24-37-14-51-9-21.01
.21 ACRE
N90°00'00"E 116.19
SET #4 REBAR & CAP
(ID: LS 5117)
S90
14
40
SET #4 REBAR & CAP
(ID: LS 5117)
VACANT LAND
PARCEL 2
PARCEL ID: 24-37-14-51-9-21.02
.18 ACRE
CURVE DATA: —
RADIUS: 60.00
DELTA: 83°23'10"
ARC: 87.32'
SET N&D
(ID: PLS 5117)
SET N&D—\1/4
(ID: PLS 5117)
°00'00"W 53.93
14"
2' MIAMI CURB (TYP)
5' S/W
SANITARY SEWER
MANHOLE
CENTRAL BOULEVARD (80' RIGHT OF WAY)
14"
U
FND #5 REBAR
(NO ID)
FND 3" x 3"
CONCRETE
MONUMENT
(ID: PRM
LB762 )
>—
LL
0
S
0
0
FND 1/2"
GROUND ROD
FND 3" x 3"
CONCRETE
MONUMENT
(NO ID)
PALM TREE
(TYP)
0
z
'STOP' SIGN
METAL LIGHT POLE
C.6-4
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5117
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STATE OF '_ /
FLORIDA Jam:
KUGELMANN LAND SURVEYING, INC.
30 NORTH TROPICAL TRAIL, SUITE B
MERRITT ISLAND, FLORIDA 32953
L.B. NO. 6575 - PHONE (321) 459-0930
MAP OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED
TO: MIKE DICHRISTOPHER
LEGAL DESCRIPTION:
PARCEL 1:
THE NORTH 76.00 FEET LESS THE WEST 25.00 FEET
OF LOT 21, BLOCK 9, CAPE CANAVERAL BEACH
GARDENS UNIT NO.2 ACCORDING TO THE MAP OR PLAT
THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE(S)
81 AND 82, OF THE PUBLIC RECORDS OF BREVARD
COUNTY, FLORIDA.
PARCEL 2:
LOT 21, LESS THE NORTH 76.00 FEET AND LESS THE
WEST 25.00 FEET THEREOF, BLOCK 9, CAPE CANAVERAL
BEACH GARDENS UNIT NO. 2. ACCORDING TO THE MAP
OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 17,
PAGE(S) 81 AND 82, OF THE PUBLIC RECORDS OF
BREVARD COUNTY, FLORIDA.
SURVEYOR'S NOTES:
1. FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP 12009C0363G.
01/29/2021.
2. FENCE OWNERSHIP UNKNOWN.
3. NO APPARENT ENCROACHMENTS NOTED.
4. SUBJECT TO ANY EASEMENTS AND/OR RIGHTS —OF —WAY OF RECORD.
5. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A
TITLE SEARCH.
6. SURVEY DOES NOT WARRANT TITLE.
7. UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED
AT TIME OF SURVEY.
8. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE
CLIENT (S; SHOWN HEREON; COPIES ARE VALID ONLY WHEN
SIGNED. DATED AND SEALED WITH THE SURVEYOR'S SEAL.
UPDATED SURVEY
10/25/21
DESCRIPTION
DATE
REVISIONS
SIGNATURES
DATE
FIELD COMPLETION
10/26/18
DRAWN: KKW
11/01/18
CHECKED: MJF/JRM
11/01/18
SURVEYOR: DJK
11/01/18
FIELD BOOK NO.81 @ 75
DWG. NO. 2018113_BNDY.DGN
SCALE: 1" = 20'
1 OF 1
PROJ. NO. 2018113
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE SURVEY DEPICTED HEREON
IS TRUE AND MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.051,
FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION
472.027, FLORIDA STATUTES.
David J Kugelmann
Digitally signed by David J
Kugelmann
Date: 2021.10.25 10:52:33 -04'00'
DAVID J. KUGELMANN P.L.S. NO. 5117
STATE OF FLORIDA
Planning and Zoning Board Meeting August 3, 2022 Attachment 7
Minutes Page 2 of 5 - DRAFT
Due to public attendance related to the DiChristopher Lot Split application (Item# 5), a motion
was made by Board Member Denny and seconded by Board Member Dr. Miller to move
Item #5 to Item #2. Vote on the motion carried unanimously.
5. Consideration and Recommendation Re: Lot Split for property located at E. Central
Boulevard and Ridgewood Avenue (Parcel Nos. 24-37-14-51-9-21.01 and 24-37-14-51-9-
21.02), Section 98-66, Mike DiChristopher, Applicant.
Dave Dickey, the Community and Economic Development (CED) Director reviewed the agenda
cover with the Board. The property is zoned R-1 which only allows single-family homes. Parcel 1
(northern parcel) is .21 acres and Parcel 2 (southern parcel) is .18 acres.
Mike DiChristopher is the current owner and he purchased the property in July 2018. Subsequent
to the purchase, Mr. DiChristopher approached the City regarding building on the two parcels.
Staff determined that the parcels had not been created consistent with City subdivision
requirements. In this case, as the parcel had been divided into two parcels, a lot split application
was required. Mr. Dickey explained to the board that a property owner can record a survey,
indicating a subdivision of a parent tract, with the Brevard Clerk of Courts without the City's
knowledge or consent. Neither the Clerk of Court, Tax Collector or Property Appraiser verify
whether a subdivision of land (except for a plat) has been approved by the City or County before
the deed is recorded and the parcels are redefined for their respective purposes.
Some property owners in Cape Canaveral, prior to 2010, apparently subdivided their land by
recording deeds with the Clerk of Court without notifying the City and following the requirements.
Staff has not been able to find any records indicating the creation of the subject parcels were
authorized by the City.
For this reason, Staff is processing this request as an "after -the -fact" lot split application to review
the recorded parcels against City subdivision and zoning requirements, and to formally recognize
the parcels for City development permit purposes.
Staff recommended the Planning & Zoning Board approve the Lot Split application and forward
a favorable recommend to the Council.
There were 6 citizens from the public and all opposed the request.
Mr. DiChristopher was present with his attorney, Kevin Markey. Both answered questions from the
public as well as the board.
Discussion ensued. A motion was made by Vice Chairman Price and seconded by Board
Member Stroud to approve the Lot Split application. The motion carried unanimously.
2
Attachment 8
Kevin P. Markey
Professional Limited Liability Company
Attorney at Law
380 South Courtenay Parkway
Suite A
Merritt Island, FL 32952
September 30, 2022
Via email and P class US mail
Garganese, Weiss, D'Agretsa
& Salzman, P.A.
Attn: Anthony Garganese
111 N Orange Ave STE 2000
Orlando, FL 32801
Re: DiChristopher Lot Split
(321) 631-0758
Kevin@KevinPMarkey.com
Dear Mr. Garganese:
I write to address the comments about "compatibility" at the August 16, 2022 City Council
meeting regarding my client's request to split his platted lot into two single family lots of record.
Given our interaction with City staff and the favorable ruling at the Planning and Zoning meeting,
we continue to believe the lot split application meets all of the City code requirements.
Nevertheless, given what I understand to be discussion by some neighboring property
owners and some council members (despite the matter not being formally heard at that meeting), I
thought it prudent to anticipate further discussion about the issue. Moreover, there were also some
audience comments about lot and home size at the subject Planning and Zoning meeting.
Put another way, it appears the term "compatibility" is specifically directed towards the
desire of some neighboring homeowners to see larger homes built on larger lots.
The subdivision, Canaveral Beach Gardens Unit 2 (Plat Bk 17 Pages 81, 82) includes
Blocks 3 thru 9 (see Exhibit "A"). Consider just Blocks 6, 8, and 9 with the single family home
sites along East Central Blvd, Surf Drive, Canaveral Blvd. and Circle Drive. We ask that Council
consider the following in support of my client's contention that the lot split request is compatible
with the rest of the neighborhood of single home sites within this subdivision and the referenced
blocks.
1) Block 8 lies between Central Blvd. to the north where my client's property lies, and
Surf Drive to the south. This block was platted as eight lots, however Lots 2 thru 6 were
each split into two or more lots, now containing a total of 15 single family homes on those
same 5 platted lots (see Exhibit `B" outlined in pink Hi-Lite). It is my understanding those
lots did not go through the re -plat process but were split as in the instant case. The same
can be said for Block 9 Lots 15, 16, and 17, where my client's property lies (see Exhibit
"B" orange Hi-Lite).
Page 1 of 2
2) Block 6 was platted as 8 lots and lies between East Central Blvd., Circle Drive and
Canaveral Blvd. But today it shows Block 6 contains 12 single family home sites. All the
homes were built before 2010 and the only re -plat that was required was in 1986 (Kalin's
Replat Plat Bk 32 Page 98) for a portion of Lot 6 (see Exhibit `B" outlined in yellow Hi-
Lite). Again, it appears these "split" lots were not created through the re -platting process.
These splits must have been recognized as legally done through City processes, thus setting
a precedent for future lot splits that meet the R-1 zoning requirements.
3) Lastly, I understand during the August meeting a council member expressed that the lot
may not be compatible because of its shape on the corner. That fact that there may be less
frontage on one street versus another is inconsequential, because as a "double frontage" lot
the total frontage would be the sum of both boundary lines, approximately 164 feet
(exceeding the minimum requirement of 75 feet frontage). The council must consider an
identical lot split in Block 6 Lot 1 where there is an almost identical lot split with the same
corner characteristics that allowed a single family home to be constructed back in 1980,
again with no re -plat required (see Exhibit "B" outlined with green Hi-Lite). My client's
property, being nearly identical is outlined in blue Hi-Lite as seen in Exhibit `B".
In conclusion, I am hopeful the Council members will consider the foregoing and approve
my clients request as it is consistent with prior lot splits within the neighborhood.
Sincerely
Signature
Kevin Markey
Council members
w. morrison@cityofcapecanaveral.org
m. kellum@cityofcapecanaveraLorg
a.raymond@cityofcapecanaveral.org
Council.davis@cityofcapecanaveral.org
d.willis@cityofcapecanaveral.org
cc: client
enclosure
Page 2 of 2
CAPE CANAVERAL BEACH
GARDENS
UNIT No.2
A SUBO/lam/S/ON /N SECT/ON /4 TOWNS/1/0 24 SOUTH, RANGE.3%EAST
BREYARO COUNTY FLOR/OA
DESCRIPTION'
COR0ENCING AT THE 300101AST CORNER OF T11! SW'r4 Of SECTION 14, TUWN5NIP 24 SOU1N, RANG! 31 EA5T, OREVARO COMM, 1L0R101: 40 TNENCE 01'OI'!4-W • *0* THE .E51 LINE o E SAID
5W1/ 01 S1ClMON 14, A DISTANCE Of 541.50' ]A10 POINT ALSO BEING 111E NORINEA51 CORNER OF COPE CANAYEYAL DEACN UNIT •1 5A10 POINT NfREAFlER BEING THE PDIN7L OF DEGINMIMCy. THENCE N WEST- A5.01',
TNENCE GDUI4WESTGNLY ALONG A CURVE OF RADIUS OF ASA',W1OAE c1N1RAL ANOAE 1G 9,•-Ol'64•, WHOSE CHORD IS 50.1o' BEARING 544° 2S'OS• W, AN ARC DISTANCE, AS AEAOURE0 CIVERGING T01NE RIG.,OF 59.14';
TRINES WEST A DISTANCE OF SR60'; TNENCE 50DI111LSTERLY 11.0NG A CURVE OF RADIIE5 141,2D', WM05L CENTRAL ANGLE 15 41.OI'IO•, 01105E TANGENT IS 15.0', WHOSE CHORD IS 119.E4' DEARING S59•!9'26• W,AN
ARC DISTANCE, A5 010100EO D,VEN4ING TO 114E LEFT OF 155.55'; TNENCE SterSa'50• W A 01519114E 0f 99.94'; TNENCE 5007NWES1ERIY ALONG A CURVE OF RADIUS B1.4G', WHOSE CENTRAL ANGLE 15 GI. oil 10•,
WNo f! 1AY4EN1 IS 4&O', 01105E CHORD IS 82.71' BEARING 959.29'25•W, AN ARC DISTANCE, AS MEA1URE0 OIVER4IN4 10114E N14N1, OF S6.75'; THENCE WGl1 A DISTANCE OF 019.00'; 1H1001 5 I11'05'94•W
A 0151ANC1 Or 13149'; THENCE SOHTNWE51F0LY ALONG 1 CURVE Of RADIUS 191.1t', WHOS! CENTRAL ANGLE IS G0.51'SI•, WHOSE TANGENT IS eta', WN05E CHORD 15 141.30' DEARING 548•55'O9•W, AN ARC
DISTANCE, ES RLASUREO DIVERGING 101NE RIGNI, 0f 146.21'L TNENCE 519.24'26-Se A DI5IANCE OF 445.12'; T.N. NORTHWESTERLY ALONG A CURVE OF RA0IU5 of 250', WHOSE c1N1RA1 ANGLE 15 I01•41'SY,
WHO]! TAN0EN1 15 54.25', WHOSE CHORD IS 40.40' DEARING N44•41'41' W, AN ARE DISTANCE, A5 YLASURED DIVERGING To Tilt RILH1, Of 41.0S', SAID POINT PE1NG 15.0' EAST OF 111E Q of OLO S1ATE ROAD
44015 TEEN.N 7•IL'00•E-151.04'; THENCE EAST - 440.12'1 TNENCE NI• Nr'00•W A DISTANCE 0f 719.59' 1 TNENCE Nf9.54'40'W A' DISTANCE Of SS5,6d, SAID POINT D1INO I4.0' EAST of T.E OF SAID
OM 7ATE An. .401: TNENCE Nl•12'o0•E A DISTANCE Or G61.52'; 1uENGF 51M45'50"E A DISTANCE Of 240.59'; TNENCE El Pi D0'O1•W A DISTANCE OF 11.64'; TNENCE 509•51'04•E A DISIANC! OF 151e.er;
TNENCE NORTH-DAD';TNENCE E41T-1100.16'; THENCE 5G•f4'S0'W A DISTANCE of 410.21'1 TNENCE SOUTHERLY ALONG A CURVE OF RADIUS 510.0', WN.SE CENTRAL ANGLE IS 19.19'16•, WYOS! 'ANOINT 155E.T7',
WU05E CHORD I5 104.04' BEARING 55.04'41•E, AN ARC DISTANCE, AS MEASURED DIVERGING TO T0E LEFT, OF 104.54. ; TNENC! S 14.44'!G• E A D157A4CE OF GO.O'; THENCE 500T14ER11 ALONG A CYRVG OF
RADIUS S900', WNCSE CEN7R41 ANGLE 15 E0•EW.V, WHOSE TANGE111 1590.75', WUOSG CHORD IS 191.10' BEARING S I•50'14-W , AN ARC DIS7FNCE, AS BEASURED DIVERGING TO TUE R14N1,OF 195.40';
THENCE WE51 A 0151ANC1 Of 1,3E1.741, SAID Poll BEING THE NORINWE51 CORNER OF CHANDLER PARK RESNB A5 REC0RD10 1N PLAT BOOR 5, PAGE 20, PUBLIC RECORDS OF DREVARo COUNTY,
FLORIDA 5 111ENCE 51. 01' S4• E A 015TANC1 of 310,15' To THE POINT 4.E BSGINNING.
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Y BREV4R0 ENGINEERING COMPANY'
COCOA 6CAC1-1, PLORIDA
SHEET No 1
PLAT BOOK IT
AND PAGE PI
1115U;
DEO/CATION
WOW All MEN hY THLME ,'RESENTS, Rat 1ti Cwp..Gr, mums]
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STATE OfAd..}h G4..:rr:.o COLPfTYOFC.& 4,,,bP
n.So THE 15 TO CERTIFY, That sp 44'L..vA4 r Z. „jJ '1 ' ]..
before me, an .Fur duly owllblsed le ..Le a0merop is In 4.
MI SF and Camay a +rdl ...perw5p .p1.Ne4!-4../;;.a¢
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J dud es well .Ram.. Mama.. duly ael0mw4; that lira official
..al .I ud Imp leTia.:1 40F li R4.d them*.; and Hrd Nu raid D.di-
.. hOrr a,E and dead .l pp- respn.Flx
IN WETNESS WHEREOF, I Mn healo ..f
my hand end seal on Me above dale.
NOTARY PUBLIC
My Canmld.n Empires ''9_rr _,. / /1 /-/i 1_=1 ,_yF
SEAL
CERTIFICATE OF SURVEYOR
KNOW ALL MEN BY THESE PRESENTS. That IM ..dw,L4.al, Ening .
he n.d eed r•Oleeed land .urwyer, does Mushy wr1PE' Ed on
,'r rr rOG Hr Imply
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CERTIFICATE OF APPROVAL
BY MUNICIPALITY
THE 15 TO CERTIFY, That an 3 ocrc O.FT,' ['G_r__N,.
G..1_rY ss CCOoolcrc n,o CAI./ 4Aa0,1.1/o4At.
F401E.D.1 13Y Kc s.cr a ...! ,appaa.d lira lmgeng pW.
L7.A_. PHLCGw.r SEAL
MAYOR.
hJ J Cm' CJ.ERK.
CERTIFICATE OF APPROVAL BY BOARD
OF COUNTY COMMISSIONERS
THE IS TO CERTIFY, That on _ _ the
foregoing plat Nas appevd by the Beard of Crunly Comnlobnarr of
Brn.d Coly, Florida,
Afresh
Che'Irmon of the Board.
Clark of N. Board
Approved
Cory Engine.
CERTIFICATE OF APPROVAL
BY ZONING COMMISSION
THIS IS TO CERTIFY, That on .vL 0 d _ F - _ the
Zoning Comdr.lan .1 the obeys Muni*lpaOly approved Nr foog4lg
plot.
. ...aj_.W. _J .Zoning °Ermin.
CERTIFICATE OF CLERK
I HEREBY CERTIFY, Thal I have nanln.d Me foregoing plat and End
Kul N c.mpf . In Ism wlfh el Rer rirgamprIE d CMplor 177,
Merida S stem. sad .., /7.d Ter r.rn..4 5,. {NBL+
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COCOA BEACH, CL.ORIDA
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CAPE CANAVER AL BEACW UNIT NO.S
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STATE OF FLORIOA CC+OUNTY OF.4)Ad0 iy
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DEDICATION
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WA, to:.p Kr .....1 F f.. daple .f Ih. Ld. tlosat6wa M Ih.
I.peAW e.o0Ie..e t4 pdk. hooky d.d..M ..hi Rand and pit
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IN WITNESS WHEREOF, MI anal 11. pnwwl. 1. be ryn.d all
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STATEOF/./ie,I.rt/r••i COUNTY OF r-7k0J. 2
THIS IS TO CERTIFY. Ih.t oaf., !.-.. L-oe ?.•l, I7f.1
Mime .., ..Rk.1 Wv u°he. 14 I. ta...el. bol000d. H Ma
Ste. owl County ofw,outtar. fwno.fy frp.mtA. A.. .
.d J...r . Jrvr- ve,K-
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tag .Raton oabaton d .ed a wdwhe maned x. Fereaminp a ` toe"
.d t.v..By .dne.l.dyd the *mutton R....I to be kat in. .d
.d M. ...pit pigeon thereon. duly .Ruri.d; *at N. •R1.1.1
..al of .Id eap.kiw b dolyRl.d limata, and Ilk the said Moll -
mean L Ill tot .ad Mad of >.id . p.nn...
IN WITNESS WHEREOF, I have Irot. M
my hand and .al on N. .be.. date.
NOTAM' PUBLIC
•
My Ca mt.i.n 6ple. /•/.7rr h / 7, /76a I'll_
CERTIFICATE OF SURVEYOR --'A
KNOW ALL MEN SY TESE PRESENTS, That Ih. .denthmd, bdp .
timed *d epik..d Ind .m..p., de. hooky °mtiso
eps
of Ill land, . dawn in N. h ..mgAdd N. j . fordo de plot, so .plo Adis d'p _4
..p.rkerr M ill Lob v. b demoted sod th.'v.. . •
. alum 4., 71, . Floridabona p..d ... M,N,o.w toy +4 •
ma
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ITEM # 3
DRAFT
CAPE CANAVERAL CITY COUNCIL WORKSHOP MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday
September 6, 2022
5:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:00 p.m. Council Member Davis led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro Tem
Mayor
Council Member
Council Member
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
Others Present:
City Manager
City Attorney
City Clerk
Leisure Services/Community Affairs Director
Executive Assistant to CM/Office Manager
Brevard County Sheriff's Office Lieutenant
PUBLIC PARTICIPATION: None.
DISCUSSION:
Todd Morley
Anthony Garganese
Mia Goforth
Molly Thomas
Lisa Day
Kyle Cummins
1. Shorter, Efficient/Effective Meetings: Mayor Morrison discussed the purpose of the
Workshop Meeting. City Manager Morley explained the Item, suggested Council could build its
own rules of procedure, and review each of the Topics/Impacts contained in Attachment 2 of the
Agenda Packet. Discussion ensued and included limiting a second meeting in the month for large
groups of like -items similar to the recent Zoning Ordinances, conducting workshop meetings just
prior to Regular City Council Meetings, City Council Meetings are business meetings, support for
City Council meeting rules of procedure, and limiting Council Member and Staff speaking times,
inefficiency of conducting business late at night, a goal of three-hour meetings, and have the
Mayor/Chair control public comments. City Manager Morley read each of the Topics/Impacts:
1. Know the type and purpose of the meeting: Discussion ensued and included minding the
times anticipated for each section of an agenda and using such as guides. Council reached
consensus to add language to each Regular City Council Meeting Agenda to indicate that all
Agenda Section times are estimates and subject to change.
2. Deviation from Agenda: Council reached consensus to add "Approval of the Agenda" at
the beginning of each Regular City Council Meeting. Discussion ensued regarding how
"Approval of the Agenda" works, and would not include adding new items to agendas which may
catch Council Members by surprise.
City of Cape Canaveral, Florida DRAFT
City Council Workshop Meeting • September 6, 2022
Minutes • Page 2 of 3
3. Limiting number of items Council Members may place on an agenda: Discussion ensued
regarding desire to allow Council access to draft agendas, providing an estimated number of items
on draft agendas, the need to inform the City Manager to discuss a Council Member's timing of
their item for an agenda, and "Approval of the Agenda" could be used to prioritize those Council
Member items.
4. Discussions: Discussion ensued regarding Robert's Rules of Order for limiting discussion,
Council Members keeping track each other's time, how most Members speak four minutes or less,
respecting each other's time. City Manager Morley suggested/explained the proper use of
Robert's Rules of Order/Call the Question. Council reached consensus to use Robert's Rules of
Order/Call the Question during Council discussion/debate. City Attorney Garganese advised the
use of Call the Question is already there as a guard rail which Mayor and Council must apply
themselves.
5. Reiterating: Discussion ensued around how repeating and reiteration happen during
passionate topics.
6. "Information only" topics: Council reached consensus to refrain from discussion of these
items unless Council acts to place them elsewhere on the Agenda during "Approval of the
Agenda".
7. Ending discussion: Council reached consensus that Robert's Rules of Order must be
applied to be effective.
8. Motions: Council reached consensus to make clear/concise motions.
9. More information needed: Council reached consensus to request additional information
on topics or items that cannot be obtained during a meeting, and choose between Option 1 or
2 as contained within Attachment 2/Suggestions for Shorter, Efficient/Effective Meetings
(attached).
10. Decisiveness: Council reached consensus to provide clear, well -stated
decisions/direction to Staff.
11. Acceptance: Council reached consensus to respect and accept actions taken by the City
Council.
12. Late revealed information: Discussion ensued regarding bringing a "Rules of Procedure"
back for Council consideration as soon as October, recognizing Council's duty to bring last minute
and new information to the City Manager before Council Meetings, Staff opinions and advocacy,
the City Manager's duty to meet with each Council Member individually versus with Council's
limited ability to communicate with each other outside of public meetings, how information
related to an upcoming City Council Meeting should be shared with Staff ahead of time to ensure
all of Council receives the same information prior to meeting, Council and Staff working as team,
issues with the former City Manager, the need to remember that citizen engagement includes all
citizens not just a few, and the difficulties of being the Mayor and leader of the City. Council
reached consensus for new, unexpected and important information to be shared with Staff, if
possible, before Council Meetings to properly evaluate and advise Council.
13. Public Comment: Council reached consensus for the Mayor/Chair to direct Staff to mute
those Public Comment speakers going past the 3-minute allotted time.
14. Managing large attendance: Discussion ensued regarding 1-2 minute time limits amongst
large numbers of speakers that have turned in Speaker Cards on the same topic, Council
acknowledging groups of people and requesting groups designate a spokesperson to address
Council. Council reached consensus to ensure Staff is made aware of larger than normal
attendance.
City of Cape Canaveral, Florida DRAFT
City Council Workshop Meeting • September 6, 2022
Minutes • Page 3 of 3
Council reached consensus for the Mayor/Chair to enforce a "no interruptions rule" and ensure
speakers be recognized by the Mayor/Chair before speaking.
Discussion ensued and included how Council may call for a Workshop if needed, importance of
citizen input, being good stewards of the City's money, how other local municipalities meet 2-3
times a month, and the possibility of starting meetings at 5:00 p.m. City Manager Morley discussed
next steps. Council reached consensus for Staff to prepare a Draft Rules of Procedure for
Council to review and submit revisions to the City Manager's Office, then bring it back to a
Council Meeting for action; and to place "Approval of the Agenda" on the September 21, 2022
Regular City Council Meeting Agenda.
Shannon Roberts, resident, discussed how the number of agenda items for Council Meetings are
excessive and would be managed better with two meetings per month. Discussion ensued on
ideas to manage the amount of items on future City Council Meeting agendas.
ADJOURNMENT: The Meeting was adjourned at 7:17 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
DRAFT
CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
September 7, 2022
5:30 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:29 p.m. City Manager Morley led the
Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro Tem
Mayor
Council Member
Council Member
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Administrative/Financial Services Dep. Dir.
Capital Projects Director
Capital Projects Director Dep. Dir.
Community and Economic Development Director
Community and Economic Development Dep Dir.
HR/Risk Management Director
Leisure Services/Community Affairs Director
Public Works Services Director
Public Works Services Dep. Dir.
Deputy City Clerk
Brevard County Sheriff's Office Commander
Canaveral Fire Rescue Deputy Chief
PUBLIC PARTICIPATION: None.
PUBLIC HEARINGS:
Todd Morley
Anthony Garganese (arrived 5:39 p.m.)
Mia Goforth
John DeLeo
Jenny Coldiron
Jeff Ratliff
Tim Carlisle
Dave Dickey
Zachary Eichholz
Melinda Huser
Molly Thomas
James Moore
June Clark
Daniel LeFever
Byron Keck
Chris Quinn
1. Resolution No. 2022-19; adopting a Tentative Millage rate for the levy of Ad Valorem
Taxes for Fiscal Year 2022/2023 on all taxable property located within the City of Cape
Canaveral, Brevard County, Florida; providing for an effective date: Mayor Morrison read the
title into the record. Discussion ensued and included possible impacts to City projects and the
proposed Budget should Council choose the rolled back millage rate, support for only including
City of Cape Canaveral, Florida DRAFT
City Council Special Meeting • September 7, 2022
Minutes • Page 2 of 3
design costs and community input for the Civic Hub Project, the Presidential Streets Master Plan
Survey and Consulting fees of $128,000 scheduled for the first year and $213,000 for the Master
Plan, Veterans Memorial Park funding coming out of the Community Redevelopment Agency
Budget, procedure related to grant applications, why reclaimed water on Oak Lane was not
implemented years ago and an idea to have the residents chip in if they want the amenity, special
assessments, an idea to start charging for use of City electric vehicle charging stations, support to
accept the proposed Resolution as written, advertising requirements and the process by which
Staff needs to notify the State within three days of the 2nd Budget Hearing, postponement of
Manatee Sanctuary boardwalk repairs and Cape Canaveral City Park Retrofit Projects, Long Point
Road Estuary Project and concern regarding the Wastewater Treatment Plant and planning for
emergencies. City Attorney Garganese announced this is the Tentative Millage Rate Hearing and
read Resolution No. 2022-19, Section 2. which proposes a total millage for all City operating
purposes of 3.5596 mills on the dollar of taxable value for the 2022/2023 Fiscal Year, which if
approved represents an increase of .2548 mills above the rolled -back rate of 3.3048 mills, and
subject to any adjustments the City Council makes regarding the proposed Budget. Discussion
continued regarding cutting $500,000 from the proposed Budget to go below the rolled -back
rate. The Public Hearing was opened. There being no comment, the Public Hearing was closed.
Discussion ensued including concerns over the costs of not being prepared for emergencies, how
wastewater and stormwater have been priorities for the last ten years, sustainability and resiliency,
years of work by Staff on the Long Point Estuary Park, support for and against going below the
rolled -back rate, going to the rolled -back rate or half -way, and always going to the rolled -back
rate may not be the right answer. City Attorney Garganese advised Council may accept the
Tentative Millage rate as is, decide to lower it at the next meeting, but may not go higher than
the rate adopted tonight. Discussion ensued including directing Staff to calculate different
scenarios, with examples of various suggested cuts to illustrate how to reach a lower millage rate.
City Manager Morley requested Council guidance on where the cuts to the proposed Budget be
made. Discussion continued regarding how all of the projects in the proposed Budget were
approved by the Council, operating costs, expenditures and what methodology Council needs to
move forward. City Attorney Garganese explained the procedure to vote up or down, the millage
and budget operate in tandem, yet the State requires the millage to be adopted first and budget
second. A motion was made by Council Member Raymond, seconded by Council Member
Davis, to adopt Resolution No. 2022-19 with the Tentative Millage rate of 3.5596, as
written. Discussion ensued regarding how Staff will come back with calculations based on a half-
way point based on a total millage rate of 3.4322 and also the rolled -back millage rates for Council,
showing fifty percent below and above the rolled -back rate. The motion carried 4-1, with Mayor
Morrison voting against. Mayor Morrison confirmed further direction can be given to Staff
during the Budget Hearing Item.
2. Ordinance No. 19-2022; adopting the Annual General Fund, Wastewater Enterprise
Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital
Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2022, and
ending September 30, 2023; providing for an effective date, first reading: City Attorney
Garganese read the title into the record.
Mayor Morrison recessed the meeting at 6:41 p.m. The Mayor reconvened the meeting at 6:53
p.m.
City of Cape Canaveral, Florida DRAFT
City Council Special Meeting • September 7, 2022
Minutes • Page 3 of 3
Discussion ensued and included omitting or postponing City Projects discussed during the
previous Agenda Item, Electric Vehicle Charging Stations, Manatee Sanctuary Park Boardwalk
Repairs, Canaveral City Park Retrofit, Civic Hub, possible grant funding, whether the W. Central
Stormwater Projects merged with the Civic Hub stormwater design, and support for stormwater
planning to go forward at the Civic Hub. City Manager Morley indicated that the Presidential
Streets Master Plan is the road map to include stormwater improvements for construction later.
Discussion continued regarding stormwater on Center Street versus the Civic Hub, how the Civic
Hub area vacant lot helps Friday Fest parking and is contributing positive value as it sits today,
support for shifting the Civic Hub Project to the next fiscal year. The Public Hearing was opened.
There being no comment, the Public Hearing was closed. Discussion ensued and included
opposition to the Civic Hub Project, desire to see what the public wants at the Civic Hub location,
and residents not in favor of the Long Point Estuary Park Project. Capital Projects Director Ratliff
discussed how most of the debris found at Long Point Road was construction debris, the City
removed what it could, and conducted an environmental assessment revealing no evidence of
buried drums. Joe Abreu, resident Long Point Road, described the history of the City owned
property at the end of Long Point Road. Discussion continued regarding Patriots Park, choosing
a direction either up or down on the proposed Budget, taking care of the City Park Baseball Field,
and Manatee Sanctuary Park Improvements. Capital Projects Deputy Director Carlisle explained
Paving and Mobility funds go to the projects and roadway repairs as needed. Discussion ensued
and included how to vote on the Ordinance, and adopt as written. A motion was made by
Council Member Willis, seconded by Council Member Raymond, to adopt Ordinance No.
19-2022, at first reading. The Motion carried 3-2, with Mayor Pro Tem Kellum and Mayor
Morrison voting against.
ADJOURNMENT: There being no further business, the Meeting adjourned at 8:01 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
DRAFT
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Wednesday
September 21, 2022
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Willis led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro Tem
Mayor
Council Member
Council Member
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
Others Present:
City Manager
Assistant City Attorney
City Clerk
Deputy City Clerk
Administrative/Financial Services Director
Deputy Finance Director
Capital Projects Director
Capital Projects Deputy Director
Community and Economic Development Director
Community and Economic Development Dep. Director
Human Resources/Risk Management Director
Executive Assistant to the City Manager/Office Manager
Leisure Services/Community Affairs Director
Public Works Services Director
Public Works Services Deputy Director
Brevard County Sheriff's Office Commander
Brevard County Sheriffs Office Lieutenant
Todd Morley
Kristin Eick
Mia Goforth
Daniel LeFever
John DeLeo
Jenny Coldiron
Jeff Ratliff
Tim Carlisle
Dave Dickey
Zachary Eichholz
Melinda Huser
Lisa Day
Molly Thomas
Jim Moore
June Clark
Byron Keck
Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Council reached consensus
to approve the Agenda as written.
PRESENTATIONS/INTERVIEWS:
Presentation by Dr. Jeff Eble of the Florida Institute of Technology on the Indian River Lagoon
Inflow Research Project: Dr. Eble made his presentation. Discussion ensued and included the
results from collected Project data which should be available by Fall 2025, the Army Corps of
Engineers is disinclined to open the Lagoon in the same way as Sebastian Inlet, test area flow of
water will be 6,000 gallons per hour, legacy nutrients impede recovery of the Lagoon for a very
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • September 21, 2022
Minutes • Page 2 of 6
long time, and how success of the Project would support a larger system throughout the
waterway. Council thanked Dr. Eble.
BUDGETARY ITEMS (PUBLIC HEARINGS):
1. a. Resolution No. 2022-22; adopting a Final Millage Rate for the levy of Ad
Valorem Taxes for Fiscal Year 2022/23 on all taxable property located within the City of Cape
Canaveral, Brevard County, Florida; providing for an effective date: Assistant City Attorney Eick
read the title into the record. Discussion ensued regarding Council actions at the first Budget
Hearing Special Meeting. The Public Hearing was opened. Bill Hodge, property owner, discussed
desire for a City budget -oversight advisory committee, opposition to the Long Point Road
Estuary Project, and support for continuing virtual meeting room participation during public
meetings. Joe Abreu, resident/property owner, discussed opposition to the Long Point Road
Estuary Project and support for reducing taxes. Mayor Morrison requested a show of hands
opposing a tax increase. The Public Hearing was closed. Discussion ensued regarding Council
options for the Final Millage Rate, the percentage increase in revenue which the State requires
to be included in the Resolution, and the Notice of Proposed Tax Increase advertised in the
Florida Today on Friday, September 16, 2022. Assistant City Attorney Eick advised the percentage
increase should be announced and the Resolution can be amended after Council approves the
Final Millage Rate. A motion was made by Council Member Raymond, seconded by Council
Member Davis, to adopt Resolution No. 2022-22, with a total Final Millage Rate of 3.4322,
as amended. Discussion ensued regarding language within the Resolution, necessary cuts within
the proposed Budget as a result of the adopted Final Millage Rate, City Manager Morley's
proposed idea for providing electricity and lighting for Veterans Memorial Park and there being
no need to delay that Project. Discussion continued The motion carried 3-2, with Mayor Pro
Tem Kellum and Mayor Morrison voting against.
b. Ordinance No. 19-2022; adopting the Annual General Fund, Wastewater Enterprise
Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital
Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2022, and
ending September 30, 2023; providing for an effective date, second reading: Assistant City
Attorney Eick read the title into the record. The Public Hearing was opened. Mayor Morrison read
resident and property owner Michelle Church's comments in opposition to the Long Point Road
Estuary Project into the record. Mary Gowenloch, resident, property and business owner, discussed
opposition to the Long Point Road Estuary Project and inquired about the City's noticing
procedure. Mayor Morrison encouraged Ms. Gowenloch contact Staff for more information,
requested a show of hands in opposition to the Long Point Road Estuary Project, and read their
names aloud from submitted City Speaker Cards. Carroll Sanders, resident, property and business
owner, discussed opposition to tax increases and spending. Bill Hodge, property owner, inquired
about and received clarification that $300,000 in the Stormwater Fund for the Long Point Road
Estuary Project does not come from taxes but rather revenues generated by fees. Lee Vicidomini,
resident, property and business owner, discussed concerns over collecting fees that cannot be
used towards reduction of taxes. City Manager Morley explained user fees collected from the
Wastewater and Stormwater Enterprise Funds are automatically restricted for improvements to
those systems which cannot be comingled in the General Fund. Council reached consensus to
cancel the Long Point Estuary Park Project. Discussion continued regarding keeping Veterans
Park Project in the General Fund, and making cuts to projects listed under Option 1, Scenario 2:
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • September 21, 2022
Minutes • Page 3 of 6
Paving, Mobility and Manatee Boardwalk (see the attached Memo dated September 13, 2022). A
motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to
adopt the Budget, Ordinance No. 2022-22, with the cuts discussed, at second reading.
Discussion continued regarding how American Rescue Plan Act funds will not be necessary for the
Veterans Park Project. City Manager Morley praised Staff for their loyalty and hard work and
thanked the Council for proving their loyalty back to the employees with this Budget. The motion
carried 4-1, with Mayor Morrison voting against.
Mayor Morrison recessed the Meeting at 8:16 p.m. The Meeting was reconvened at 8:31 p.m.
PUBLIC PARTICIPATION: John Benton, visitor, discussed a request for a code reduction hearing.
Joe Abreu, resident/property owner, discussed continued desire to be notified in writing should
anything ever happen with the City -owned property at the end of Long Point Road. Mayor
Morrison read the names on submitted City Speaker Cards in opposition to the Long Point Road
Estuary Project related Agenda Item 2, under Old Business: Joe Abreu, Jason Pace, Cyndy Knight,
Simone Caroti, George Clark, Michelle Church, Peggy Green, Christy Hopkins, Laura Hanel, Bill
Hodge, and Mary Gowenlock. Patrick Campbell, resident/property owner, thanked Staff for their
assistance with a contractor and Building Code issue and discussed opposition to Agenda Item
15, Resolution No. 2022-15 and for Council to take action as requested.
OLD BUSINESS:
2. Approve proposed Purchase and Sale Agreement for Reserved Mitigation Credits with
the Webster Creek Mitigation Bank, LLC for the Long Point Road Estuary Project in the amount
of $33,000 and authorize City Manager to execute same: A motion was made by Council
Member Willis, seconded by Council Member Davis, to remove Item 2 from the Agenda. The
motion carried 5-0.
CONSENT AGENDA:
3. Approve the August 16, 2022 City Council Budget Workshop and Regular Meeting
Minutes.
4. Resolution No. 2022-20; authorizing an Agreement for Municipal Law Enforcement
Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of
Brevard County; providing for the repeal of prior, inconsistent resolutions, severability
and an effective date.
5. Resolution No. 2022-21; authorizing an addendum to the Contract for fire protection
and emergency medical services between the City of Cape Canaveral, Florida and the
Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior
inconsistent resolutions, severability and an effective date.
6. Resolution No. 2022-23; reappointing Members to the Board of Adjustment and Culture
and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of
prior inconsistent resolutions, severability and an effective date. (John Bond, Joel Fair
and Kathryn Parks)
7. Approve Amendment No. 1 to Task Order No. 1 to Jones Edmunds & Associates, Inc. in
the amount of $43,440 for Construction Phase Engineering Services as part of the Lift
Station No. 5 Improvements Project and authorize City Manager to execute same.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • September 21, 2022
Minutes • Page 4 of 6
8. Authorize the Mayor to execute the Consent to terminate the Intergovernmental Radio
Communication Program (IRCP) Memorandum of Understanding (MOU) for the
800MHz IRCP Advisory Committee, as requested by Brevard County EOC Director John
Scott.
A motion was made by Council Member Raymond, seconded by Council Member Willis, to
approve the Consent Agenda. The motion carried 5-0.
PUBLIC HEARINGS:
9. Ordinance No. 17-2022; amending of the City's Sign Code related to Feather Flags;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into
the Code, severability and an effective date, first reading: Assistant City Attorney Eick read the
title into the record. City Manager Morley explained the Item. Discussion ensued and included
support of the Planning and Zoning Board recommendation, importance of supporting the City's
volunteer Advisory Board recommendations, Staff request for policy direction which will prompt
a new fee resolution for Council approval, increasing consecutive days, allowing three 30-day
opportunities each a year with separate permits for each, allowing businesses to bundle time
periods for banner signs and feather flags, few businesses using feather flags, aesthetics, safety
during storms, enforcement, and going by fiscal rather than calendar year. The Public Hearing
was opened. There being no discussion, the Public Hearing was closed. A motion was made by
Mayor Pro Tem Kellum, seconded by Council Member Raymond, to adopt Ordinance No.
17-2022, at first reading. The motion carried 5-0.
10. Ordinance No. 18-2022; amending Chapter 102 — Vegetation, Article II. — Tree
Protection; providing for amendments to comply with State Law preemptions under Florida
Statutes; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability and an effective date, first reading: Assistant City
Attorney Eick read the title into the record. City Manager Morley explained the Item. Discussion
ensued and included how the Florida Legislature amended the statute which favors cities, gives
the City Tree Code some of its authority back, only applies to developed single-family property,
and utility companies can go in trim/remove without regard to the City's Tree Code. The Public
Hearing was opened. There being no discussion, the Public Hearing was closed. A motion was
made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to adopt Ordinance
No. 18-2022, at first reading. The motion carried 5-0.
ITEMS FOR ACTION:
11. Request for removal of one (1) Live Oak Specimen Tree at 111 Lincoln Avenue: Property
Owner Robert Levine presented the case to Council and distributed plastic zip -lock bags of dead
carpenter ants. Discussion ensued and included organic methods for removal of the ants in the
home, alleged infestation of the Tree, the Property Owner's suspicion that the Tree roots are
already under the house, the City Arborist Report, the difficult decision for Council to make due
to the fact the Tree is healthy, alleged health issues suffered by the Property Owner's spouse due
to the Tree, City Code mitigation requirements, property rights, support for removal of the Tree,
the Property Owner's plan to install solar panels, requiring proof of medical disability from the
Property Owner, postponing a decision on the Item, and property rights versus following the City
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • September 21, 2022
Minutes • Page 5 of 6
Code. Assistant City Attorney Eick clarified Section 102-41 (c), Criteria No. 5 of the City Code for
removal of the Tree. Discussion continued regarding how Council should proceed. A motion was
made by Council Member Raymond, seconded by Council Member Willis, to grant the
Request for removal of one (1) Live Oak Specimen Tree at 111 Lincoln Avenue, subject to
the mitigation requirements being met, including four (4) trees planted per City Code, as
amended. City Manager Morley commented on the Motion being subject to meeting the City's
tree mitigation requirements. Discussion ensued on whether the Motion requires an amendment,
options of the Property Owner to decide between planting trees or contributing funds to the City
Tree Bank, where the Property Owner intends to place solar panels, and placement of the new
trees. Assistant City Attorney Eick read the mitigation requirements of the Code. Discussion
ensued regarding there being no time limit, the Property Owner having met Criteria No. 2, setting
a precedent for similar issues and amending the Motion on the floor. Council reached consensus
to require the Property Owner to plant four (4) trees on the property. Discussion ensued
regarding how to proceed with an amended motion. The motion carried 4-1, with Mayor Pro
Tem Kellum voting against. Discussion ensued regarding the types of trees the Property Owner
may plant allowing the Property Owner thirty (30) days to research and return to the City. A
motion was made by Council Member Raymond, seconded by Council Member Willis, to
amend the main motion. The motion carried 4-1, with Mayor Pro Tem Kellum voting
against. Mr. Levine thanked the Council.
A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to
extend the Meeting to 10:30 p.m. The motion carried 5-0.
ITEMS FOR DISCUSSION:
12. Discuss and provide direction to Florida Department of Transportation (FDOT)
regarding design considerations for State Road (SR) A1A in Cape Canaveral. (Submitted by
Mayor Morrison): City Manager Morley discussed status of the FDOT SR A1A Improvements
based upon the City Council decision against a modern roundabout, proceeding to the original
request to realign International Drive and N. Atlantic Avenue for a traditional signalized
intersection, the meeting between Mayor Morrison, the City Manager and FDOT regarding
East/West-side curbs and gutters, and Council being asked to choose between two (2) roadway
design options. Discussion ensued and included calling a workshop to include citizen input.
Council reached consensus for Staff to schedule a City Council Workshop Meeting regarding
the options. Jay Airs, resident, stated FDOT has the final say, requested clarification of the overall
FDOT SR A1A Improvements, and discussed concern over being able to get to Port Canaveral by
bicycle on SR A1A.
13. Discuss City Council Meeting production enhancements/upgrades; discontinuing
Virtual Meeting Room (VMR) participation at City Meetings, except for emergencies; provide
direction to Staff regarding: 1. Whether there is interest to pursue all, some or none of the
products and services available, 2. Whether there is interest to pursue outsourcing VMR at
Board Meetings, 3. Sole source vs. competitive bid (with current vendor IM Solutions): City
Manager Morley explained the Item. Patrick Campbell, resident/property owner, discussed
support for continued use of virtual meeting participation, and opposition to sole sourcing. Bill
Hodge, property owner, discussed support for maintaining use of virtual meeting participation.
Mayor Morrison discussed support for improving the meeting production experience, allowing
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • September 21, 2022
Minutes • Page 6 of 6
the same for City Advisory Boards, allowing the City Manager to decide whether to outsource
meeting production, opposition for sole sourcing the project, immediate relief for Staff by the
Mayor's offer to take over current operation of virtual meeting software and test it during a
workshop meeting, using American Rescue Plan Act funds should be justified from a public health
standpoint, importance of two-way engagement, and putting the project out to bid unless the
City truly does not have to. City Manager Morley requested consensus and direction from Council.
Bill Davis, IM Solutions Chief Technology Officer, discussed providing similar services for various
local municipal clients including Canaveral Port Authority, City of Melbourne, and Barefoot Bay,
how IM Solutions staff specialize both as technicians and as producers running all aspects of live
and virtual meetings for higher level city council meetings versus smaller meetings for boards
which IM Solutions can preset for simple, in-house staff production. A motion was made by
Mayor Pro Tem Kellum, seconded by Council Member Willis, to extend the Meeting to 10:45
p.m. The motion carried 4-1, with Council Member Raymond voting against. Discussion
ensued and included support for the Item, removing Staff from the production and technical side
of meetings, concern over affordability and it being unbudgeted, and interest in going out for bid
to see what the costs would be. Council reached consensus to put the Item out for bid. Mayor
Morrison reiterated his previous statement to go out for bid unless it is clearly allowed under sole
source.
14. Economic Development (Submitted by Mayor Morrison): Mayor Morrison explained the
Item. Stuart Smith, resident and CEO of Florida Association of Veteran Owned Businesses
(FAVOB), discussed what the City has done so far regarding Economic Development and Strategic
Planning, potential missed opportunities for the City related to being Brevard's Port of entry, and
the Brevard Zoo and Aquarium Project. Discussion ensued and included a potential new Economic
Development Director and Business and Economic Development Advisory Board, economic
opportunities for reactivating the Board, being reactive versus proactive to influence land
development in the City, advertising for Board recruitment, and the expertise needed for the
position of Economic Development Director. Council reached consensus to reconstitute the
Business and Economic Development Advisory Board, and have the Board update the City's
Redevelopment Action Plan as its first order of business.
REPORTS: Mayor Pro Tem Kellum announced the Goldstar Family Memorial Event will be held at
Veterans Memorial Park on Sunday, September 25, 2022 at 11:00 a.m.
ADJOURNMENT: The Meeting was adjourned at 10:48 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
DRAFT
CAPE CANAVERAL CITY COUNCIL EMERGENCY MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday
September 27, 2022
5:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:00 p.m. Council Member Willis led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor
Council Member
Council Member
Kim Davis
Wes Morrison
Angela Raymond
Don Willis
Council Members Absent:
Mayor Pro Tem Mickie Kellum
Others Present:
City Manager
Assistant City Attorney
Deputy City Clerk
Community and Economic Development Director
Community and Economic Dev. Deputy Director
Parks, Recreation and Community Affairs Director
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
ITEM FOR ACTION:
Todd Morley
Kristin Eick (remote via phone)
Daniel LeFever
David Dickey
Zachary Eichholz
Molly Thomas
Byron Keck
Scott Molyneaux
1. Resolution No. 2022-24; declaring a State of Civil Emergency due to Hurricane Ian to
commence at 8:00 a.m. on September 28, 2022; providing for the repeal of prior inconsistent
resolutions, severability, and an effective date: City Manager Morley thanked Council for
attending on such short notice and provided a summary and purpose of the Resolution. Assistant
City Attorney Eick explained how the Resolution relates to Emergency Management provisions in
State Statutes. City Manager Morley updated current City storm -related actions and preparations,
how they relate and compare to actions taken by other municipalities and Brevard County, and
the effective timeframe of the Resolution. Mayor Morrison thanked the City Manager and City
City of Cape Canaveral, Florida DRAFT
City Council Emergency Meeting • September 27, 2022
Minutes • Page 2 of 2
Staff and commented on sandbags, drainage, and readiness of first responders. A motion was
made by Council Member Raymond, seconded by Council Member Willis, to adopt
Resolution No. 2022-24. The motion carried 4-0, with Mayor Pro Tem Kellum absent.
There being no further business, the Meeting adjourned at 5:09 p.m.
Wes Morrison, Mayor
Daniel LeFever, Deputy City Clerk
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 4
Subject: Resolution No. 2022-26; reappointing Members to the Planning and Zoning Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and a
retroactive effective date. (R. Lamar Russell and John Price)
Department: City Clerk's Office
Summary: The terms for Chairperson R. Lamar Russell and Vice -Chairperson John Price of the
Planning and Zoning Board expired on September 15, 2022, due to both having reached the
consecutive -term limit prescribed in Section 2-171(f), City Code.
In an effort to fill the projected vacancies left by Mr. Russell and Mr. Price, Staff reached out to all
four individuals that had submitted Board applications. One applicant, that did not indicate an
interest in serving on the Planning and Zoning Board, confirmed they were not interested in the
Board on October 3, 2022. Of the other three applicants, one indicated on October 3, 2022, they
were unable to fill the position at this time, one indicated on September 14, 2022, that they were
no longer a full-time resident of the City, and after repeated attempts (August 25, 2022 and
September 15, 2022, and October 3, 2022), Staff has been unable to contact the final applicant.
To maintain a full complement of qualified members on an advisory board as vital as Planning and
Zoning, Staff reached out to Mr. Russell and Mr. Price to see if they would be interested in being
reappointed, as there are no other qualified applicants. Both individuals responded affirmatively
that they would like to be considered for reappointment. Accordingly, Resolution No. 2022-26 has
been prepared to reappoint Mr. Russell and Mr. Price to the Planning and Zoning Board for another
three-year term each, to end September 15, 2025, with a retroactive date to make their service on
the board continuous. Mr. Russell has served on the Board since May 1980, Mr. Price since
September 2012.
Following the completion of these terms, these individuals may be eligible for reappointment if no
other applications are on file for appointment to fill all vacancies on the Board, consistent with the
limitations set forth in Section 2-171(f), City Code.
It is now incumbent upon Council to reappoint two members to the Planning and Zoning Board.
Submitting Department Director: Mia Goforth
Attachment: Resolution No. 2022-26
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2022-26.
Approved by City Manager: Todd Morley
RESOLUTION NO. 2022-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE
PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY AND A RETROACTIVE EFFECTIVE DATE.
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
reappoint members to said board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Reappointment to City Advisory Boards. Pursuant to Section 2-171(e) of the
Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the
following individuals to the following board:
R. Lamar Russell and John Price shall be reappointed to the Planning and Zoning
Board, to serve until September 15, 2025.
Following completion of these terms, these appointee may be eligible for reappointment if no
other qualified applicants submit applications seeking appointment, consistent with the
limitations set forth in section 2-171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5.
15, 2022.
Effective Date. This Resolution shall become retroactively effective on September
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 18th day of October, 2022.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2022-26
Page 1 of 2
ATTEST:
Mia Goforth, CMC,
City Clerk
Wes Morrison, Mayor
Name FOR AGAINST
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
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. 2022-26
Page 2 of 2
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 5
Subject: Resolution No. 2022-27; adopting the goal of Vision Zero, advocating that no loss of life
is acceptable on our City streets; providing for the repeal or prior inconsistent resolutions,
severability and an effective date.
Department: City Council/Legislative
Summary: The Space Coast Transportation Planning Organization (SCTPO) is an organization
established under Section 339.175, Florida Statutes, to coordinate transportation planning and
finance throughout Brevard County. The City participates in that effort along with the City of Cocoa
Beach by an Interlocal Agreement as the "North Beaches Coalition", which allows the sharing of a
voting delegate seat to the SCTPO Governing Board. Council Member Willis is currently the City's
representative on the SCTPO Board.
Vision Zero is an initiative of the SCTPO to eliminate all serious injury and fatal crashes on our City
streets. The SCTPO adopted this goal in 2019 and have been asking the cities to adopt a similar
goal as well. To date, 12 cities in Brevard County have adopted a local resolution in support of the
initiative.
Resolution No. 2022-27 commemorates the City's support of the Vision Zero initiative and commits
the City to provide Staff support to a multi -jurisdictional committee that will work towards the
development and implementation of a Vision Zero Safety Action Plan. Should the Council adopt
the Resolution, it is proposed that a member of the Community and Economic Development Staff
represent the City on any future committee responsibilities.
Submitting Department Director: David Dickey
Attachment:
Resolution No. 2022-27
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2022-27.
Approved by City Manager: Todd Morley
RESOLUTION NO. 2022-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; ADOPTING THE GOAL OF VISION ZERO,
ADVOCATING THAT NO LOSS OF LIFE IS ACCEPTABLE ON OUR CITY
STREETS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the growth and vitality of our city requires safe and reliable transportation
systems; and
WHEREAS, the life and health of City of Cape Canaveral's residents are our utmost priority;
and
WHEREAS, Vision Zero is the concept that there is no acceptable number of traffic deaths
and serious injuries on our roadways; and
WHEREAS, the City of Cape Canaveral recognizes that no one should die or be seriously
injured while travelling on our city streets; and
WHEREAS, people walking and bicycling in the presence of vehicular traffic represent a
disproportionate number of these fatalities; and
WHEREAS, driver behavior, including speeding, distracted driving and drunk driving, are
significant contributing factors to this loss of life; and
WHEREAS, the Space Coast Transportation Planning Organization adopted a resolution
endorsing Vision Zero to achieve zero traffic deaths and severe injuries; and
WHEREAS, the Florida Department of Transportation has formally adopted "Target Zero"
its own version of the national vision, "Towards Zero Deaths."
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. Support of Vision Zero Goals. The City Council hereby supports and adopts the
goal of Vision Zero - that no loss of life is acceptable on our city streets.
Section 3. Support of a Vision Zero Safety Committee and Action Plan. The City Council
hereby supports and will provide City staff to participate in a countywide or multi jurisdictional
Vison Zero Safety Committee comprised of members of organizations and agencies with expertise
in transportation, enforcement, education, public health, emergency response, equity, transit,
City of Cape Canaveral
Resolution No. 2022-27
Page 1 of 2
biking, walking, vehicles and freight, who will work together for the development and
implementation of a Vision Zero Safety Action Plan.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 18th day of October, 2022.
ATTEST:
Mia Goforth, CMC,
City Clerk
Wes Morrison, Mayor
Name FOR AGAINST
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
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. 2022-27
Page 2 of 2
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 6
Subject: Approve Amendment No. 1 to Task Order No. 1 to MBV Engineering, Inc. in the amount
of $40,100 for Construction Phase Engineering Services as part of the Water Reclamation Facility
Structural Buildings Project and authorize City Manager to execute same.
Department: Capital Projects
Summary. Many of the major pumps, valves, etc. located at the Public Works Services (PWS) Facility
are currently exposed to the elements which reduces their lifetime usefulness and increases
maintenance costs. To resolve the issue, this Project includes the construction of aluminum
structures over/around this equipment to better protect them from the sun and eliminate water
intrusion. Seven structures will be constructed over selected pump/valve locations; the current SO2
building will also be replaced. In addition, the storage bins along the southern portion of the site
will be expanded to better contain bulk landscaping materials. The construction activities include
the following:
• Intermediate pump — cover.
• Intermediate valves — cover.
• RAS/WAS pumps — cover.
• Internal Recycle pumps — cover.
• Sludge pumps — cover.
• Sub -standard pumps — cover.
• Reuse pumps — cover.
• Storage bins — expand.
• SO2 building — replace.
The structures are designed having the aluminum "skin" covering the ceiling and only the upper
portion of the walls (three sides) to provide ventilation and access and to limit water intrusion. The
storage bins will be improved to have separating walls up to six feet in height to contain landscaping
materials. Completion of this Project is part of the City's Capital Improvement Plan to improve
infrastructure and extend the useful life of wastewater and stormwater equipment. The construction
of the structural buildings is the eighth of eight, infrastructure improvement projects constructed
under the City's latest State Revolving Fund (SRF) loan.
Project Status and Funding. Prior to the engineering design phase of the project, it was unknown
what future construction would entail. The engineering design fee from MBV Engineering, Inc.
(MBV) approved in 2021 excluded costs for Construction Phase Engineering Services. Now, with an
approved design, MBV is able to produce an estimate of $40,100. A copy of MBV's scope of services
and quote for Construction Phase Engineering Services is attached (Amendment No. 1). This Project
is fully funded through the City's State Revolving Fund (SRF) loan; contractor bids were received on
October 6, 2022 and are currently being reviewed. A construction schedule is dependent upon the
availability of construction materials and supply chain issues.
Submitting Department Director: Jeff Ratliff
Attachment: Amendment No. 1
City of Cape Canaveral
City Council Meeting • October 18, 2022
Agenda Item # 6_
Page 2 of 2
Financial Impact: $40,100 to MBV Engineering for Construction Phase Engineering Services as part
of the Water Reclamation Facility Structural Buildings Project funded by SRF; Staff time and effort
to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following actions:
Approve Amendment No. 1 to Task Order No. 1 to MBV Engineering, Inc. in the amount of $40,100
for Construction Phase Engineering Services as part of the Water Reclamation Facility Structural
Buildings Project and authorize City Manager to execute same.
Approved by City Manager: Todd Morley
MBV
ENGINEERING, INC.
MOIA BOWLES VILLAMIZAR & ASSOCIATES
www.mbveng.com CA #3728
October 3, 2022
Mr. Jeffrey Ratliff
City of Cape Canaveral
100 Polk Avenue
Cape Canaveral, FL 32920
Via E-mail (j.ratliff@cityofcapecanaveral.org)
Subject: Amendment No. 1 to Task Order No. 1 for Professional Engineering Services for
the Cape Canaveral WWTP Pump House Building - Construction
City of Cape Canaveral, Florida
Engineer's Project Number: 18-1033: PH - COA
Dear Mr. Ratliff:
As per our coordination, we are hereby submitting our proposal to provide additional professional
services for the above subject project. This proposal, along with the original contract conditions,
shall be considered an addendum to the original executed proposal.
All services, terms, conditions and specifications shall be in accordance with the Continuing
Services Agreement for Continuing Services dated July 17, 2018, per RFQ # 2018-01.
1. Attendance at the pre -construction meeting.
2. Provide inspections during construction. Contractor must provide at least 24-hour's notice
for requested inspections.
3. Coordination with the City staff and contractor to provide answers to RFIs.
4. Provide review and approval of shop drawings.
5. Provide final certification and sign -off on project upon construction completion.
We propose to provide the above described services for a total fee of $40,100, excluding direct
costs. Should you require further information or clarification, please call.
Sincerely,
Rodolfo Villamizar, P.E.
Senior Vice President
1835 20th Street
Vero Beach, FL 32960
772.569.0035
Fax 772.778.3617
1250 W Eau Gallie Blvd., Unit H
Melbourne, FL 32935
321.253.1510
Fax: 321.253.0911
806 Delaware Avenue
Ft. Pierce, FL 34950
772.468.9055
Fax 772.778.3617
Mr. Jeffrey Ratliff
August 15, 2022
Page 2
Proposal 18-1033: PH - COA
Accepted this
day of 20
Signature
PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013)
AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE.
WWTP Pump Houses Attachment A December 2,2020
TASK I POSITION I CONTRACTUAL
BILLING RATE HOURS
1NUMBER P I SUB-TOTAL TOTAL
BUILDING 1:Intermediate Pump $ 1,970.00
PRINCIPAL/SR ENGINEER II $ 175.00 2 $ 350.00
SR.ENGINEER I $ 150.00 10 $ 1,500.00
JR.ENGINEER $ 130.00 $ -
SR.TECHNICIAN $ 115.00 $ -
ADMINISTRATIVE I $ 60.00 2 $ 120.00
BUILDING 2:RAS/WAS Pumps $ 4,820.00
PRINCIPAL/SR ENGINEER II $ 175.00 2 $ 350.00
SR.ENGINEER I $ 150.00 29 $4,350.00
JR.ENGINEER $ 130.00 $ -
SR.TECHNICIAN $ 115.00 $ -
ADMINISTRATIVE I $ 60.00 2 $ 120.00
BUILDING 3:Internal Recycle Pumps $ 5,270.00
PRINCIPAL/SR ENGINEER II $ 175.00 2 $ 350.00
SR.ENGINEER I $ 150.00 32 $4,800.00
JR.ENGINEER $ 130.00 $ -
SR.TECHNICIAN $ 115.00 $ -
ADMINISTRATIVE I $ 60.00 2 $ 120.00
BUILDING 4:Reuse pum is $ 8,420.00
PRINCIPAL/SR ENGINEER II $ 175.00 2 $ 350.00
SR.ENGINEER I $ 150.00 53 $ 7,950.00
JR.ENGINEER $ 130.00 $ -
SR.TECHNICIAN $ 115.00 $ -
ADMINISTRATIVE I $ 60.00 2 $ 120.00
BUILDIGN 5:Substandard Pumps $ 2,420.00
PRINCIPAL/SR ENGINEER II $ 175.00 2 $ 350.00
SR.ENGINEER I $ 150.00 13 $ 1,950.00
JR.ENGINEER $ 130.00 $ -
SR.TECHNICIAN $ 115.00 $ -
ADMINISTRATIVE I $ 60.00 2 $ 120.00
WWTP Pump Houses Attachment A December 2,2020
TASK I POSITION I CONTRACTUAL
BILLING RATE HOURS
1NUMBER OURS P ISUB-TOTAL TOTAL
BUILDING 6:Sludge pumps $ 1,970.00
PRINCIPAL/SR ENGINEER II $ 175.00 2 $ 350.00
SR.ENGINEER I $ 150.00 10 $ 1,500.00
JR.ENGINEER $ 130.00 $ -
SR.TECHNICIAN $ 115.00 $ -
ADMINISTRATIVE I $ 60.00 2 $ 120.00
STRUCTURE 7:Storage area $ 4,070.00
PRINCIPAL/SR ENGINEER II $ 175.00 2 $ 350.00
SR.ENGINEER I $ 150.00 24 $ 3,600.00
JR.ENGINEER $ 130.00 $ -
SR.TECHNICIAN $ 115.00 $ -
ADMINISTRATIVE I $ 60.00 2 $ 120.00
BUILDING 8:SO2 storage $ 6,920.00
PRINCIPAL/SR ENGINEER II $ 175.00 2 $ 350.00
SR.ENGINEER I $ 150.00 43 $ 6,450.00
JR.ENGINEER $ 130.00 $ -
SR.TECHNICIAN $ 115.00 $ -
ADMINISTRATIVE I $ 60.00 2 $ 120.00
CONSTRUCTION MEETING $ 2,120.00
PRINCIPAL/SR ENGINEER II $ 175.00 2 $ 350.00
SR.ENGINEER I $ 150.00 11 $ 1,650.00
JR.ENGINEER $ 130.00 $ -
SR.TECHNICIAN $ 115.00 $ -
ADMINISTRATIVE I $ 60.00 2 $ 120.00
CONSTRUCTION OVERSEE $ 2,120.00
PRINCIPAL/SR ENGINEER II $ 175.00 2 $ 350.00
SR.ENGINEER I $ 150.00 11 $ 1,650.00
JR.ENGINEER $ 130.00 $ -
SR.TECHNICIAN $ 115.00 $ -
ADMINISTRATIVE I $ 60.00 2 $ 120.00
GRAND TOTAL $40,100.00
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 7
Subject: Approve Third Amendment to existing Interlocal Agreement for Stormwater Education
and Outreach with Brevard County, including the City's annual contribution of $4,152, and authorize
City Manager to execute same.
Department: Capital Projects
Summary. In 2011, the Stormwater Education and Outreach Program was created to provide a
consistent image, message and branding for stormwater education, outreach and marketing while
meeting government mandated National Pollutant Discharge Elimination System (NPDES)/Basin
Management Action Program (BMAP) requirements. The Program was introduced to Brevard
County and its municipalities for meeting these state/federal mandates. The Program's intent is to
meet NPDES/BMAP education and outreach requirements of each participating jurisdiction through
implementing a consistent message to the community concerning impacts of stormwater pollution
and highlighting lifestyles and personal behaviors that reduce the communities' contribution to
stormwater pollution. Brevard County Natural Resources Management Department (BCNRMD) and
municipalities within Brevard County partnered in this cooperative effort via a consortium to allow
for the pooling of funds resulting in a greater impact per dollar spent. This cooperative effort allows
for a consistent message and branding throughout the region. It is the intent of the consortium to
also partner with non-profit organizations capable of enhancing the education, outreach and
marketing by providing visibility, guidance, cost saving avenues and additional promotion
methodologies to reach a greater number of people more efficiently and for maximum impact.
Other consortium partners include:
• Lagoon Loyal
• Florida Aquatic Plant Management Society
• Lakewatch
Past Contributions/Activities. The City has contributed to this Program since FY12/13. Some of
the outreach includes newspaper articles/ads, billboard ads, radio/TV messages, etc. Locally,
BCNRMD staff conduct meetings with students from Cape View Elementary and attend City events
(e.g., Friday Fest). Participation in the Program allows the City to maintain a 4% education credit in
the Total Maximum Daily Load (TMDL) Program. Therefore, Staff recommends City Council approve
the Third Amendment to the existing Interlocal Agreement (attached) with Brevard County Board
of County Commissioners.
Submitting Department Director: Jeff Ratliff
Attachment:
Third Amendment to existing Interlocal Agreement for Stormwater Education and Outreach.
Financial Impact:
$4,152 for Stormwater Education and Outreach with Brevard County including the City's annual
contribution funded by the Stormwater Fund. Staff time and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
City of Cape Canaveral
City Council Meeting • October 18, 2022
Agenda Item # 7_
Page 2 of 2
The City Manager recommends the City Council take the following actions:
Approve Third Amendment to existing Interlocal Agreement for Stormwater Education and
Outreach with Brevard County including the City's annual contribution of $4,152 and authorize City
Manager to execute same.
Approved by City Manager: Todd Morley
BOARD OF COUNTY COMMISSIONERS
FL
Kimberly Powell, Clerk to the Board, 400 South Street P.O. Box 999, Titusville, Florida 32781-0999
September 14, 2022
MEMORANDUM
RECEIVED
SEP 20 2022
Brevard County
Natural Resources
FLORIDA'S SPACE COAST
Telephone: (321) 637-2001
Fax: (321) 264-6972
Kimberly.Powell@brevardclerk.us
TO: Virginia Barker, Natural Resources Management Director
RE: Item F.1., Third Amendment for Stormwater Education and Outreach Interlocal
Agreement with the City of Cape Canaveral, City of Cocoa Beach, City of Cocoa,
City of Indian Harbour Beach, Town of Malabar, City of Melbourne, Town of Grant-
Valkaria, and City of West Melbourne
The Board of County Commissioners, in regular session on September 13, 2022,
executed and approved the Third Amendment to the Stormwater Education and Outreach
Interlocal Agreement with the City of Cape Canaveral, City of Cocoa Beach, City of
Cocoa, City of Indian Harbour Beach, Town of Malabar, City of Melbourne, Town of Grant-
Valkaria, and City of West Melbourne. Enclosed is the executed Interlocal Agreement.
Upon execution by all municipalities, please return the recorded Interlocal
Agreement to this office for inclusion in the official minutes.
Your continued cooperation is always appreciated.
Sincerely,
BOARD OF pOUNTY COMMISSIONERS
RACHEL MJ SADOFF, CLERK
Signature
Ktrnberly Powell, Clerk to the Board
/ds
Encl. (1)
PRINTED ON RECYCLED PAPER
THIRD AMENDMENT TO EXISTING INTERLOCAL AGREEMENT
FOR STORMWATER EDUCATION AND OUTREACH
THIS AMENDMENT is made and entered into on the date of the last signature below by
and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY,
FLORIDA (hereinafter referred as "County"), the CITY OF CAPE CANAVERAL ("Cape
Canaveral"), the CITY OF COCOA ("Cocoa"), the CITY OF COCOA BEACH ("Cocoa Beach"),
the TOWN of GRANT-VALKARIA ("Grant-Valkaria"), the CITY OF INDIAN HARBOUR BEACH
("Indian Harbour Beach"), the TOWN OF MALABAR ("Malabar"), the CITY OF MELBOURNE
("Melbourne"), and the CITY OF WEST MELBOURNE ("West Melbourne") (Collectively the
"Municipalities").
WITNESSETH:
WHEREAS, the parties hereto previously entered into an Interlocal Agreement on
November 1st, 2011("Agreement") for stormwater education and public outreach and the
Agreement was subsequently amended on December 11, 2012 and October 10, 2017; and
WHEREAS, the parties hereto desire to amend the terms of said Agreement as to
Section 5. Allocation of Costs and Exhibit A.
NOW THEREFORE, in consideration of the premises and covenants herein contained,
it is mutually agreed between the parties as follows:
1. Section 5. ALLOCATION OF COST. a. Program Costs is deleted and replaced with:
The cost for the Education Program will be paid by the County. The Municipalities agree
to reimburse the County in accordance with the funding requirement set forth in the
Education Program (the "Contribution") and subject to paragraph 7 below. See
Amended Exhibit A. Section V. Funding. The annual Contribution for each Municipality
is calculated using a minimum base fee of $173.00 per Deliverable Point. The base fee
will be reviewed in June every year and adjusted, if necessary, using the Consumer
Price Index (CPI); however, the base fee shall not be less than $173.00 per Deliverable
Point. The net cost contributed by the County, after reimbursement by the
municipalities, is estimated to be $50,170.00 per contract year. Failure of any
Municipality to pay its respective Contribution shall not require the remaining
Municipalities to be responsible for paying any portion of the payment that was due from
the non-paying Municipality.
2. Section 6. TIMETABLE OF PAYMENTS. is deleted and replaced with:
Full payment will be made on an annual basis and due on September 30 of each year,
3. Exhibit A. Section V. Funding is deleted and replaced with Amended Exhibit A. Section
V. Funding, which is attached and incorporated herein.
4. All terms and conditions of the previous Agreement and Amendments, which are
incorporated herein by this reference, not inconsistent with the provisions of this Third
Amendment shall remain in full force and effect.
IN WITNESS HEREOF, the parties hereunto have set their hands and seals on the
date of the last signature below.
ATTEST:
Signature
Rachel M. Sadoff, Clerk
BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY FLORIDA
By: Signaturee
Kristine Zonka, Chair
Date: September 13, 2022
(As approved by Board on: Sept.
2022)
Reviewed for legal form and content
for Brevard County, Florida:
Heather A. Balser, Assistant County Attorney
15
SEAL
of BREVARD COUNTY
ATTEST: CITY OF CAPE CANAVERAL
Todd Morley, City Manager
As approved by the City Council on
ATTEST: CITY OF COCOA BEACH
Robin R. Hayes, City Manager
As approved by the City Council on
ATTEST: CITY OF COCOA
Stockton Whitten, City Manager
As approved by the City Council on
ATTEST: CITY OF INDIAN HABOUR BEACH
Mark Ryan, Mayor
As approved by the City Council on
ATTEST:
TOWN OF MALABAR
Matt Stinnett, Town Manager
As approved by the Town Council on
ATTEST: CITY OF MELBOURNE
Shannon Lewis, Mayor
As approved by the City Council on
ATTEST: TOWN OF GRANT-VALKARIA
Jason Mahaney, Town Administrator
As approved by the Town Council on
ATTEST: CITY OF WEST MELBOURNE
Tim Rhode, City Manager
As approved by the City Council on
EXHIBIT A. FUNDING
FUNDING DELIVERABLE
REQUIREMENTS POINTS
CONSORTIUM PARTNERS $173/Point Deliverable
Points
Cape Canaveral $4,152 24
Cocoa $7,612 44
Cocoa Beach $5,190 30
Grant-Valkaria $1 ,730 10
Indian Harbour Beach $3,460 20
Malabar $1,384 8
Melbourne l$32,524 188
West Melbourne $8,304 48
TOTAL FOR PARTICIPATING AGENCIES $64,356
Brevard County (Consortium Lead) $50,170
DELIVERABLE
A. Adult Education Program
B. School Age Education Program
C. General Public Programs
D. Special Event Representation
E. Storm Drain Marking
F. Alternative Programs, as requested
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 8
Subject: Approve Sanitary Collection/Transmission System Evaluation Proposal from Tetra Tech in
the amount of $89,257 and authorize City Manager to execute same.
Department: Capital Projects
Summary. The State of Florida passed legislation (Senate Bill 712 and House Bill 1091) in 2020
intended to achieve the following with regards to municipal sanitary collection/transmission
systems:
• Mitigate impacts of power outages on the collection/transmission system;
• Prevent Sanitary Sewer Overflows (SSO) and underground pipe leaks;
• Ensure proper maintenance of the collection/transmission system;
• Improve resiliency of the sanitary collection/transmission system against sea -level rise; and
• Minimize inflow and infiltration (I/1) from the collection system including manholes, piping,
individual service connections and sanitary sewer laterals.
The State is continuing to develop administrative regulations to accomplish the objectives set forth
in these bills. Chapter 62-600, F.A.C. (Domestic Wastewater Facilities) and Chapter 62-604, F.A.C.
(Collection Systems and Transmission Facilities) are the applicable regulations currently being
updated by Florida Department of Environmental Protection (FDEP). The 15-year timeline included
in the attachment summarizes the key draft regulations (applicable to this Program) which identifies
key milestones for maintaining compliance with the anticipated regulations.
Project Phases. The City of Cape Canaveral (City) is being proactive and taking specific actions in
the short term to better position ourselves for compliance with the regulations following
enactment. The City is currently developing a Program to facilitate the availability of data and help
identify the facilities that will be impacted by the future regulations. The Program is divided into
the following three phases:
• I - GIS Mapping;
• II - Preliminary Evaluation; and
• III - System Evaluation and Plan Development.
Phase I activities are already underway and will be completed in calendar year 2022. This agenda
item involves the performance of Phase 11 activities which will include:
• Evaluate lift stations;
• Analyze preliminary flow data;
• Develop preliminary outline for an Emergency Response Plan;
• Develop preliminary outline for an Operation, Maintenance and Repair Manual, and
• Develop a Private Lateral Rehabilitation Program.
A further listing of the requirements of Chapters 62-600 and 62-604, F.A.C., and specific tasks/costs
provided by the selected contractor, Tetra Tech, for the completion of Phase II activities are
attached.
Submitting Department Director: Jim Moore
Attachment: ` J
Sanitary Collection/Transmission System Evaluation Program — Phase II (Preliminary Evaluation)
City of Cape Canaveral
City Council Meeting • October 18, 2022
Agenda Item # 8_
Page 2 of 2
Financial Impact: $89,257 Sanitary Collection/Transmission System Evaluation Proposal from Tetra
Tech funded by the Wastewater Fund; Staff time and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following actions:
Approve Sanitary Collection/Transmission System Evaluation Proposal from Tetra Tech in the
amount of $89,257 and authorize City Manager to execute same.
Approved by City Manager: Todd Morley
CITY OF CAPE CANAVERAL
SANITARY COLLECTION/TRANSMISSION SYSTEM EVALUATION PROGRAM
PHASE II (PRELIMINARY EVALUATION)
SCOPE OF SERVICES
I. PROGRAM BACKGROUND
The State of Florida ("State") passed legislation (Senate Bill 712 and House Bill 1091) in 2020 that is
intended to achieve the following:
■ Mitigate impacts of power outages on the collection/transmission system,
■ Prevent Sanitary Sewer Overflows (SSO) and underground pipe leaks,
■ Ensure proper maintenance of the collection/transmission system,
■ Improve resiliency of the sanitary collection/transmission system against sea -level rise,
■ Minimize inflow and infiltration (1/1) from the collection system including manholes, piping,
individual service connections and sanitary sewer laterals.
The State is continuing to develop administrative regulations to accomplish the objectives set forth in
these bills. Chapter 62-600, F.A.C. (Domestic Wastewater Facilities) and Chapter 62-604 (Collection
Systems and Transmission Facilities) are the applicable regulations currently being revised during on -going
public workshops. As of September 2, 2022, the draft rules are continuing to be updated and will
eventually need to return to the legislature for ratification. Attachment A summarizes the key draft
regulations (applicable to this program) as of 09/02/2022 and includes a timeline which identifies key
milestones for maintaining compliance with the anticipated draft regulations.
There are specific actions that the City of Cape Canaveral ("City") can implement in the short term to
better position themselves for compliance with the regulations following enactment. The City has
requested Tetra Tech develop a Sanitary Collection/Transmission System Evaluation program to facilitate
the availability of data and help identify the facilities that may be impacted by the future regulations. The
program will be divided into the following three (3) phases/projects: 1) GIS Mapping, 2) Preliminary
Evaluation, 3) System Evaluation and Plan Development. The following subsections outline the proposed
phases of the Sanitary Collection/Transmission System Evaluation Program that will be carried out by the
Tetra Tech to prepare for future compliance with the draft regulations following ratification.
Phase I - GIS Mapping
Draft section Chapter 62-600.710(2) requires the development of a Graphic Imaging System (GIS) based
map and inventory of the assets in the collection/transmission system to be included in the "Collection
System Action Plan" which is required to be prepared and submitted to the FDEP no later than five (5)
years after the rule is enacted. The GIS Mapping (Phase 1) project of this program is currently in progress
and is anticipated to be complete before the start of 2023.
Phase II - Preliminary Evaluation
An evaluation of the existing sanitary sewer system including lift stations, gravity sewers, manholes,
laterals, and historical flow data will be necessary to satisfy the draft requirements identified in
Attachment A and are consistent with good management of sanitary sewer collection, transmission, and
treatment systems. The proposed work associated with the System Evaluation (Phase 11) is described in
Section II below.
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Phase III - System Evaluation and Plan Development
Submission of the following plans is anticipated to be required by the draft requirements summarized in
Attachment A:
■ Draft section Chapter 62-600.410(7) requires the preparation and submission of a written
Emergency Preparedness/Response Plan (ERP) to the FDEP by no later than one (1) year after the
rule is enacted.
■ Draft section Chapter 62-600.710(1) requires the preparation and submission of a Power Outage
Contingency Plan by no later than five (5) years after the rule is enacted.
■ Draft section Chapter 62-600.710(2) requires the preparation and submission of a Collection
System Action Plan by no later than five (5) years after the rule is enacted. The requirements for
the Collection System Action Plan are listed in the summary on Appendix A.
Existing documents will be audited, and preliminary plans will be prepared as part of Tasks 3 through 5 of
the Preliminary Evaluation Project (Phase II) described in Section II below. The plans listed above will be
finalized during the System Evaluation and Plan Development Project (Phase III) of the Sanitary
Collection/Transmission System Evaluation Program.
II. SCOPE OF WORK (PHASE II)
Professional services provided herein will be performed accordance with Tetra Tech/City Agreement for
Engineering/Surveying Services dated July 17, 2018. Tasks for this project will be completed on a phased
basis and are further described herein.
Task 1- Lift Station Evaluation
The objective of this task is to develop basic data and identify the capabilities of the existing lift
stations in the collection/transmission system to facilitate development of the written plans that are
identified in the Phase III project identified in Section I. Tasks will be performed using readily available
records provided by the City and limited field data collection.
1. Prepare agenda and attend a project kick-off meeting with City Staff. Prepare meeting
minutes for distribution to all attendees.
2. Develop basic data on the nine (9) lift stations in the City's collection/transmission system,
including tributary area descriptions (acres served, pipe length, inch -diameter -miles and
characteristics (material condition), number of properties and/or population served),
identification of upstream lift stations, and firm/installed capacities. Data will be developed
based on the GIS data collected in Phase I and readily available information provided by the
City, including lift station record drawings and pump curves. One (1) site visit is anticipated to
collect field data not provided by the City.
3. Assessment of each lift station's capability to mitigate the impacts of power outages. Task will
identify if there is back up power on site (and type), a portable generator connection, and the
volume of the wet well relative to lift station capacity. Power reliability will be compared with
the design criteria described in the material referenced in Chapter 62-604.300(2)(h), F.A.C.
and any deficiencies will be identified.
4. Identify future sea level conditions for each lift station using United States Army Corps of
Engineers (USACE) Sea Level Rise Data in addition to relevant safety factors associated with
local flooding. Vulnerabilities will be identified based on elevations of the structure, access,
and electrical equipment collected by Tetra Tech using survey grade GPS equipment and with
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assistance from City staff to facilitate site access. One (1) site visit is anticipated to collect field
data.
5. Assess current capabilities for flow measurement at each lift station. Flow quantification
capability will be defined to support current and future data analysis.
6. Prepare and electronically submit one (1) draft technical memorandum presenting the
findings and conclusions of the lift station evaluation.
7. Meet with City staff virtually to discuss the Draft Technical Memorandum. Finalize the
Technical Memorandum to incorporate the City's comments following the review meeting.
Task 2 - Preliminary Flow Data Analysis
The objective of this task is to use readily available data provided by the City to perform an initial
desktop analysis on the wet weather response of the collection system. Activities include:
1. Identify and compile the following:
■ Tetra Tech will obtain the most recent two (2) years of rainfall data from the National
Oceanographic and Atmospheric Administration (NOAA),
■ Most recent two (2) years of lift station runtime data (in hours) in excel or other
compatible format for the City's lift stations provided by the City,
■ Most recent two (2) years of hourly flow data for the WRF provided by the City.
■ GIS data identifying including single-family parcels and multi -family parcels provided by
the City.
■ Tetra Tech will obtain the average number of persons per single-family and multi -family
unit from the Environmental Systems Research Institute (ESRI) Business Analyst.
2. Develop figures from the City's GIS data that depict the project service area, the sub -areas
served by the lift stations and a process flow diagram for the collection/transmission system.
3. Develop the existing base wastewater flow estimate using existing lift station run time data.
Estimate the total average daily wastewater flow for each lift station and lift station service
area. Dry weather flow will be compared to expected flows based on the City's level of service
standards
4. To the extent possible from available data, complete a desktop I/1 study to identify lift station
service areas with excessive 1/1. Task will include evaluating lift station run time data, and
comparing the data to dry -weather and wet -weather periods.
5. Prepare and electronically submit one (1) draft technical memorandum presenting the
findings and conclusions of the preliminary flow data analysis.
6. Meet with City staff virtually to discuss the Draft Technical Memorandum. Finalize the
Technical Memorandum to incorporate the City's comments following the review meeting.
Task 3 -Emergency Response Plan - Preliminary Outline
The objective of this task is to evaluate the City's existing Emergency Response Plan (ERP) and
procedures as they relate to Chapter 62-600, Chapter 62-604, and the material referenced in draft
regulation Chapter 62-604.300(2)(s) which are pending ratification by the State. At minimum, the
following will be included in the preliminary ERP:
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• Identification of the chain of command of the facility and utility during emergencies.
• A communications plan for internal and external communications including notification of
local authorities, state and federal agencies, the public, and other affected or related parties.
Written agreements such as mutual aid agreements and partnerships with other agencies,
utilities, or response organizations.
A disaster -specific preparedness/response/recovery plan for each of the following disasters:
vandalism, terrorism, or sabotage; a cybersecurity attack; power outages; treatment system
failure; electronics failure; a drought; a hurricane; a structure fire; and if applicable, a flood, a
wildfire, and a hazardous material release. Each disaster -specific
preparedness/response/recovery plan shall incorporate the results of a vulnerability
assessment; shall include actions and procedures, and identify equipment, that can obviate
or lessen the impact of such a disaster; and shall include plans and procedures that can be
implemented, and identify equipment that can be utilized, in the event of such a disaster.
If applicable, recommendations regarding the amount of treatment chemicals to maintain in
inventory at treatment plants.
This task will be performed using readily available records provided by the City and limited field data
collection. Activities associated with this task include:
1. Attend one (1) meeting with City staff to review the various components of the required
Emergency Response Plan. Identify and obtain existing documents that will provide relevant
content for the ERP.
2. Review relevant documents and develop document listing.
3. Prepare a preliminary outline of the ERP by inserting existing language into appropriate
sections and submit to City for review.
4. Meet with City staff virtually to discuss the preliminary ERP outline and develop an action plan
that indicates which sections will need to be updated or developed without relying on existing
information. Finalize the preliminary ERP outline to incorporate the City's comments
following the review meeting. This task only includes developing the ERP outline and does not
include developing the ERP. The ERP will be developed as part of the Phase III scope of work.
Task 4 - Operation, Maintenance, and Repair Manual - Preliminary Outline
The objective of this task is to evaluate the City's current operation and maintenance (O&M)
documents as they relate to Chapter 62-600, Chapter 62-604, and the material referenced in draft
regulation Chapter 62-604.300(2)(i). The draft regulations are anticipated to require the City to submit
a Collection/Transmission System O&M Manual to the FDEP and make record drawings available at a
site within the boundaries of the FDEP district office.
This task will be performed using readily available records provided by the City and limited field data
collection. Activities associated with this task include:
1. Attend one (1) meeting with City staff to review the various components of the required
Operation and Maintenance Plan. Identify and obtain existing documents that will provide
relevant content for the Operation and Maintenance Plan. Discuss how this effort can provide
the most benefit to the City.
2. Review relevant documents and develop document listing.
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3. Prepare a preliminary outline of the O&M Manual with annotated content based on existing
documents and City goals and submit to City for review.
4. Meet with the City to review the O&M Manual preliminary outline and develop an action plan
that indicates which sections need to be updated or developed without relying on existing
information. Finalize the preliminary O&M Manual outline to incorporate the City's
comments following the review meeting. This task only includes developing the O&M Manual
outline and does not include developing the O&M Manual. The O&M Manual will be developed
as part of the Phase III scope of work.
Task 5 - Private Lateral Rehabilitation Program
The objective of this task is to identify potential sewer ordinances or programs that the City can
establish to minimize I/1 from service connections or laterals. The potential ordinances or programs
will be developed such that they can be included in the Collection System Action Plan as identified in
Chapter 62-600.710(2)(a)8 which is pending ratification by the State. Activities associated with this
task include:
1. Attend one (1) meeting with City staff to review the draft regulations, existing Sections
125.569 and 166.0481, F.S. and various options that the City could implement for
rehabilitating private laterals.
2. Evaluate financing approaches for lateral replacement programs, including insurance options
and grant programs.
3. Evaluate institutional methods to promote private maintenance of sanitary sewer laterals.
4. Identify ordinance language from other municipalities.
5. Prepare and submit one (1) draft technical memorandum presenting the evaluation and
findings identified above.
6. Meet with City staff virtually to discuss the Draft Technical Memorandum. Finalize the
Technical Memorandum to incorporate the City's comments following the review meeting.
III. ASSUMPTIONS
■ This proposal was developed prior to ratification of the draft regulations. Draft regulations
considered at the time of the development of this proposal may vary from the final regulations
ratified in the future. Collection/Transmission System Evaluation Program including timeline may
require changes following ratification of the draft regulations.
■ A separate project (Phase I) is currently in progress for development of GIS data for the
collection/transmission system. This scope assumes that GIS mapping and asset inventory has
been complete and includes component identification tracking numbers, locations, lengths, size
and diameter, material (including lining) and slope, age, and inspection and maintenance
information, and that the available data is sufficient to determine pipe capacity.
■ A separate project (Phase III) will be required after this project is complete. Phase III will require
inflow/infiltration studies and leakage surveys and will include developing a Power Outage
Contingency Plan and Collection System Action Plan which are anticipated to be required to be
submitted to the FDEP within five (5) years of the effective date of the rule.
■ The sanitary collection/transmission system receives an average daily flow that exceeds 1.0 MGD,
which is the tentative threshold for the evaluation requirements set forth in the pending
regulations. This threshold may change, but it is more likely to decrease than increase.
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IV. COMPENSATION
The total compensation on a lump sum basis for this project is summarized below:
Task Total
Task 1—Lift Station Evaluation $29,338
Task 2—Preliminary Flow Data Analysis $27,109
Task 3—Emergency Response Plan - Preliminary Outline $9,445
Task 4—Operation, Maintenance and Repair Manual - Preliminary Outline $7,938
Task 5—Private Lateral Rehabilitation Program $15,427
Total $89,257
V. SCHEDULE
Duration in Cumulative Weeks
Task Weeks After Notice to Proceed
Task 1—Lift Station Evaluation
Project Kickoff Meeting 1 1
Draft Tech Memo#1 4 5
City Review Comments 2 7
Final Tech Memo#1 2 9
Task 2—Preliminary Flow Data Analysis
Draft Tech Memo#2 5 14
City Review Comments 2 16
Final Tech Memo#2 2 18
Task 3—Emergency Response Plan-Preliminary Outline
Preliminary Outlines Meeting 1 19
Draft Tech Memo#3 6 25
City Review Comments 2 27
Final Tech Memo#3 2 29
Task 4—Operation, Maintenance and Repair Manual- Preliminary Outline
Preliminary Outlines Meeting 1 19
Draft Tech Memo#4 6 25
City Review Comments 2 27
Final Tech Memo#4 2 29
Task 5—Private Lateral Rehabilitation Program
Private Lateral Rehabilitation Program Meeting 1 19
Draft Tech Memo#5 6 25
City Review Comments 2 27
Final Tech Memo#5 2 29
Note:Task 3,Task 4,and Task 5 schedule and deliverables will be carried out concurrently.
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CITY OF CAPE CANAVERAL
SANITARY COLLECTION/TRANSMISSION SYSTEM PROGRAM
PHASE II (SYSTEM EVALUATION)
ATTACHMENT A
DRAFT REGULATIONS SUMMARY
CHAPTER 62-600 - DOMESTIC WASTEWATER FACILITIES
Chapter 62-600.410(7) - Emergency Preparedness/Response Plan
Permittees of domestic wastewater treatment facilities with a permitted flow of 100,000 gallons per day
(gpd) or greater shall develop a written emergency preparedness/response plan by no later than (one
year after the effective date of the rule), and shall update and implement the plan as necessary
thereafter. Guidance to assist permittees in the preparation are provided in subsection 62-
600.300(2),F.A.C. Permittees shall coordinate with their Local Emergency Planning Committee and their
Florida Department of Law Enforcement Regional Security Task Force when developing their emergency
plan and shall include in their plan all of the information in paragraphs (a) through (e), below.
(a) Identification of the chain of command of the facility and utility during emergencies.
(b) A communications plan for internal and external communications including notification of local
authorities, state and federal agencies, the public, and other affected or related parties.
(c) Written agreements such as mutual aid agreements and partnerships with other agencies, utilities,
or response organizations.
(d) A disaster -specific preparedness/response/recovery plan for each of the following disasters:
vandalism, terrorism, or sabotage; a cybersecurity attack; power outages; treatment system failure;
electronics failure; a drought; a hurricane; a structure fire; and if applicable, a flood, a wildfire, and a
hazardous material release. Each disaster -specific preparedness/response/recovery plan shall
incorporate the results of a vulnerability assessment; shall include actions and procedures, and
identify equipment, that can obviate or lessen the impact of such a disaster; and shall include plans
and procedures that can be implemented, and identify equipment that can be utilized, in the event of
such a disaster.
(e) If applicable, recommendations regarding the amount of treatment chemicals to maintain in
inventory at treatment plants
Chapter 62-600.700(4) - Annual Reports
Public utilities or their affiliated companies shall submit annual reports regarding transactions or
allocations of common costs and expenditures on pollution mitigation and prevention among the
utility's permitted wastewater systems, including the prevention of sanitary sewer overflows, collection
and transmission system pipe leakages, and inflow and infiltration. This report may be combined with
the annual report requirement in paragraph 62-600.710(2)(b), F.A.C. The annual report shall be submitted
1
electronically to the applicable district office or delegated local program no later than June 30 of the year
following the close of the fiscal year covered by the report.
Chapter 62-600.710(1) - Power Outage Contingency Plan
An applicant for a wastewater treatment facility permit shall provide a power outage contingency plan
with the submittal of the facility's application for a new permit, permit renewal, or substantial permit
revison. The power outage contingency plan shall describe the general program and protocols to mitigate
the impacts of power outages on the facility's collection/transmission system and pump stations,
including any applicable mutual aid agreements. A copy of the power outage contingency plan, including
any updates or revisions, shall be submitted with subsequent facility applications for permit renewal or
substantial permit revision.
Chapter 62-600.710(2)(a) - Collection System Action Plan
The facility permittee for a wastewater treatment facility permit shall develop a pipe assessment, repair,
and replacement action plan, referred to hereafter in this sections as the "collection system action plan"
or "plan," with at least a 5-year planning horizon for all collection/transmission systems under the
utility's control to mitigate sanitary sewer overflows and underground pipe leaks to the extent
technically and economically feasible. The detail of the plan shall be consistent with the complexity of
the system based on the best professional judgement of the individual signing the plan. Any portion of
the plan requiring "engineering," as defined by Chapter 471, F.S., shall be certified by a professional
engineer registered in the State of Florida. An electronic summary of the collection system action plan
shall be submitted to the Department with the facility permit application for any new permit, permit
renewal, or substantial permit revision. A copy of the plan or portions of the plan shall be provided within
7 days of request by the Department. The collection system action plan shall meet the following
requirements:
• The plan shall provide a deliberate, proactive approach to evaluating or surveying the pipes,
manholes, pump stations, and other equipment for the collection/transmission systems under
the facility's control during the 5-year planning horizon period. This shall be accomplished in an
economically feasible manner. The collection system action plan shall set goals for evaluating
percentages of the collection/transmission system annually through the use of one or more
investigative techniques such as camera inspections, smoke testing, data analytics, flow isolation,
and direct observation, or through use of flow monitoring determine the amounts of infiltration,
inflow, and leakages. The plan shall set a minimum goal of performing basic evaluations for at
least 25 percent of the collection/transmission system during the plan's five-year planning
horizon, unless the permittee demonstrates based on economic feasibility, the age or
performance of the collection/transmission system or repairs, replacements, maintenance
activities, and other upgrades conducted therein that a lower percentage will achieve the
requirements of subsection 62-600.410(6), F.A.C., and the goals for infiltration, inflow, and
leakages shall be below the amounts considered excessive under Rule 62-604.500, F.A.C.
• The plan shall be based on inflow and infiltration studies and leakage surveys conducted by the
facility permittee or designee. When the initial inflow and infiltration studies and leakage surveys
indicate that inflow, infiltration, or leakage is excessive, then the plan shall also be based on any
follow-up sanitary sewer evaluation surveys. The facility permittee may propose an alternative
2
metric to these requirements which the Department shall accept upon a demonstration by the
facility permittee that the alternative metric is at least as effective in characterizing the
collection/transmission system and determining the actions needed to prevent sanitary sewer
overflows.
■ The plan shall provide contact information for the facility and utility of those responsible for
implementing the collection system action plan.
■ The plan shall include a map and inventory of the collection/transmission system. The plan for
facilities with a permitted capacity of 1 million gallons per day (mgd) or greater shall incorporate
the use of a computerized geographic information systems (GIS) map and an electronic
maintenance management system or other electronic inventory of the collection/transmission
systems under control of the facility, which shall include the following information to the extent
technically and economically practicable:
■ For each section of pipe, manholes, and pump stations, a component identification
tracking number, the location, length of portion, size and diameter, type of pipe or
construction, age, inspection information, and maintenance information.
■ Any climatic and geologic data determined necessary by the facility permittee to help
identify appropriate maintenance and repair actions, such as geologic and topographic
information; hydrologic information including seasonal high water table information
prepared by the facility permittee, United States Geological Survey or other governmental
entity; regional rainfall data collected by the facility permittee or other governmental
entity; and groundwater quality monitoring associated with the collection/transmission
system, if conducted.
■ Information regarding any collection/transmission system flows, overflows, bypasses,
verified odor complaints, corrosion data, past inflow and infiltration analysis results, past
leakage surveys, population served, and industries served.
■ The plan shall include adaptive maintenance and repair plans including general facility program
and protocols regarding routine maintenance, cleaning activities, and protocol for emergency
repairs.
■ The plan shall address record keeping for all items in the collection system action plan.
■ The plan shall describe any measures for limiting the presence of fats, oils, grease, and wet wipes
to the collection/transmission system, as well as a root control program.
■ The plan shall describe any measures, such as any sewer ordinances or any programs established
by the applicable county or municipality in accordance with sections 125.569 and 166.0481, F.S.,
to minimize inflow and infiltration from individual service connections or sanitary sewer laterals,
including for single-family residences, to the extent addressing such inflow and infiltration is
determined necessary to prevent sanitary sewer overflows and redressable within the authority
of the facility permittee.
■ The plan shall identify, by no later than the first new permit, permit renewal, or substantial permit
revision application after December 21, 2025, all satellite collection systems connected to the
facility collection system including the name of each satellite collection system, the ownership
3
type of each identified satellite collection system, a unique identifier number for each satellite
collection system, whether the satellite collection system is under the control of the facility, and
population served by the satellite collection system, The plan shall describe the measures, if any,
to require or encourage owners/operators of satellite collection systems to minimize inflow and
infiltration from their satellite collection systems that cause or contribute to sanitary sewer
overflows in the facility's collection system.
■ The plan shall describe the resiliency of the collection/transmission systems that considers sea -
level rise and the planned or completed flood mitigation and stormwater control actions by the
facility permittee or governmental entities that the facility permittee identified as reducing the
potential for inflow and infiltration into the facility permittee's collection/transmission system.
Chapter 62-600.710(2)(b) - Annual Report
The facility permittee shall submit an annual report summarizing the collection system action plan
implementation to the Department no later than June 30 of the year following the close of the fiscal year
covered by the report. The report shall be submitted electronically to the applicable district office or
delegated local program. The annual report shall address or include the following, at a minimum:
■ A summary of the collection/transmission system -related assessments (e.g. evaluations,
investigations, studies, and surveys) conducted including the percentage of the
collection/transmission system assessed during the year and the cumulative percentage
investigated to date during the 5-year planning horizon of the collection system action plan; the
methods used for the assessments; the results of the assessments; and any estimates of inflow,
infiltration, and leakages.
■ Any repairs, replacements, maintenance activities, expansions and other upgrades, which the
facility permittee identifies as significant, conducted during the year and planned for the
upcoming year based on the performance and identified needs of the collection/transmission
system.
■ After December 21, 2025, the identification of any new satellite collection systems added to the
system including the name of each satellite collection system, the ownership -type of each satellite
collection system, a unique identifier number for each satellite collection system, whether the
satellite system is under the control of the facility, and the estimated population served by each
satellite collection system.
■ Information regarding the annual expenditures dedicated to the inflow and infiltration studies
and the collection system action plan; expenditures dedicated to pipe assessment, repair, and
replacement; and expenditures designed to limit the presence of fats, oils, grease, roots and wet
wipes in the facility's collection/transmission system.,
■ Details of facility revenues and expenditures including any substantial increase or decrease of
annual expenditures from identified cost projections to address system needs related to inflow
and infiltration studies; model plans for pipe assessment, repair, and replacement; and pipe
assessment, repair, and replacement required or identified by the collection system action plan.
■ Additional activities and information that the facility permittee identifies as relevant to the
prevention of sanitary sewer overflows and underground pipe leakages, such as public education
4
campaigns regarding the proper disposal of wet wipes, flood mitigation measures, stormwater
control projects, and other relevant actions identified by the facility permittee.
Chapter 62-600.710(4) - Permit Duration
Facility permittees meeting the stated goals of their pipe assessment, repair, and replacement action
plans shall be eligible for ten year permits in accordance with Section 403.087, F.S.
Chapter 62-600.710(6) - Collection System Action Plan Submittal Date
Owners/operators of publicly owned satellite collection systems with a flow of 100,000 gallons per day
(gpd) or greater, or serving a population of 1000 or more, shall develop a collection system action plan in
accordance with Rule 62-600.710, F.A.C. The plan shall be prepared no later than five years after
(effective date of rule). The owner/operator of the satellite collection system shall notify the Department
and the treatment facility which receives the satellite collection system's flow when the plan has been
prepared. This plan shall be reviewed annually by the owner/operator of the satellite collection system
and updated at least every five years. The plan shall be made available for inspection within 7 days of
request by the Department.
Chapter 62-600.720 - Power Outage Contingency Plan (O&M Manual)
The manual shall include a power outage contingency plan that mitigates the impacts of power outages
on the utility's collection system and pump stations.
CHAPTER 62-604 - COLLECTION SYSTEMS AND TRANSMISSION FACILITIES
Chapter 62-604.500(4) -Collection/Transmission System O&M Manual
A copy of a new or updated operation and maintenance manual shall be submitted electronically to the
applicable DEP district office or delegated local program with the Notification of Completion of
Construction for a Domestic Wastewater Collection/Transmission System (adopted and incorporated by
reference in paragraph 62-604.300(3)(b),F.A.C., effective (effective date of rule),
http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), required by Rule 62-604.700, F.A.C.,
unless paragraph (d) applies. If subsection (d) is applicable, then the submittal of a copy of the existing
operation and maintenance manual is only required if it has not been previously submitted or updated in
accordance with paragraph (c).
(c) The operation and maintenance manual shall be evaluated and revised annually, no later than
January 1 of each year, periodically to reflect any alterations performed or to reflect experience
resulting from operation. Also, the owner/operator of a collection/transmission system shall
evaluate and update the emergency response plan portion of the operation and maintenance
manual annually.
(d) A new operation and maintenance manual is not required to be developed for each project if there
is already an existing manual that is applicable to the facilities being constructed.
5
Chapter 62-604.500(5) - Collection/Transmission System - I/1 and Excessive Leakage
Collection/transmission systems shall be maintained to minimize infiltration and inflow into the
collection/transmission system, as well as leakage from the collection/transmission system.
Chapter 62-604.500(6) - Collection/Transmission System - Sanitary Sewer Overflows (SSO)
All collection/transmission systems shall be operated and maintained to prevent sanitary sewer
overflows. Owners/operators of collection/transmission systems that experience a sanitary sewer
overflow shall evaluate the cause of the overflow and potential corrective measures to avoid future
sanitary sewer overflows. The owner/operator of a satellite collection system shall take corrective actions
for a sanitary sewer overflow in the receiving collection system resulting from excessive inflow and
infiltration in the satellite collection system.
Chapter 62-604.550(2) - Unauthorized Release or Spill Report
For unauthorized releases or spills of 1,000 gallons per incident or less and where information indicates
that public health or the environment will not be endangered), an electronic report shall be provided to
the Department within 24 hours from the time the owner/operator of the collection/transmission
system becomes aware of the circumstances. The electronic report may be provided by email or by using
the Department's Business Portal at https://www.fldepportal.com/go/ (via "Submit" followed by
"Report" or "Registration/Notification," and then "Report a Sanitary Sewer Spill or Overflow") no later
than 24 hours from the time that the owner/operator becomes aware of the discharge.
Chapter 62-604.550(3) - Unauthorized Release or Spill Water Quality Monitoring
For unauthorized discharges from a collection/transmission system to surface waters that endanger public
health or the environment, the owner/operator of the collection/transmission system shall conduct
bacteriological surface water quality monitoring for the applicable parameters in subsection 62-
302.530(6), F.A.C., as soon as possible but no later than 24 hours from the time the owner/operator
becomes aware of the discharge. The owner/operator shall contact the appropriate District Office prior
to initiating surface water quality monitoring.
6
Collection/Transmission System Program
Tentative 15-Year Timeline
Phase II
(We Are Here)
Phase III Evaluate 0%-25%of System Evaluate 25%- 50%of System
2023 2025 2027 2029 2031 2033 2035 2037
2022 2024 2026 2028 2030 2032 2034 2036
WRF Permit Submit Emergency WRF Permit 10-Year WRF
Issued Response Plan Expires Permit Expires
(May 2022) (June 2024) (May 2027) Submit Power Outage (May 2037)
Contingency Plan 0
End of 2023 Submit Permit Submit Annual Report, Submit Permit
Legislation Application Revised ERP, Application
(June 2023) (November 2027) Revised O&M Manual Submit Collection (November 2027)
System Action Plan I
End of 2024 Legislation O
(June 2024) Submit Power Outage Unclear if plans will be required Submit Power Outage
Contingency Plan Contingency Plan
O
Submit Collection Submit Collection
System Action Plan System Action Plan
Key Permit Dates Key Permit Submittals Key Legislation Dates
Tt Price Proposal Labor Plan Attachment B
6 Resource
Sanitary Collection/Transmission
System Evaluation Program (Phase II)
Proj Area>
Attn: Jeff Ratliff
Contract Type: LS
Total Task Pricing
Labor Hrs Totals
Project Phases/Tasks 654 40 105 396 27 59 27 88,457 300 500 89,257
Task 1-Lift Station Evaluation 204 11 18 107 27 34 7 28,938 300 100 29,338
Project Kickoff Meeting 9 4 5 II 1,165 100 1,265
Existing Lift Stations Data Development 73 2 2 48 4 16 1 9,357 100 9,457
Preliminary Power Outage Contingency Plan 23 2 4 16 1 4,584 4,584
Resiliency to sea level rise 30 2 2 16 2 8 4,146 100 4,246
Assess capabilities for flow quantification at each lift station 14 2 12 1,650 1,650
QA/QC Tech Memo#1 6 6 1,548 1,548
Submit Draft Tech Memo#1 28 2 12 4 6 4 1 3,727 3,727
Virtual Review Meeting 4 2 2 451 451
Finalize Tech Memo#1 17 1 2 8 1 4 1 2,310 100 2,410
Task 2-Preliminary Flow Data Analysis 203 I 11 44 1 118 - 1 25 1 5 27,009 1 - 100 I 27,109 I
Compile data sets and develop figures 57 3 12 32 10 7,678 7,678
Estimate existing wastewater flows 52 3 12 32 5 6,999 6,999
Identify locations of excessive I/I 46 2 12 32 6,057 6,057
QA/QC Tech Memo#2 2 2 528 528
Submit Draft Tech Memo#2 26 4 12 6 4 3,162 3,162
Virtual Review Meeting 4 2 2 461 461
Finalize Tech Memo#2 16 1 2 8 4 1 2,123 100 2,223
Task 3-Emergency Response Plan-Preliminary Outline I 74 I 1 I 21 1 47 - I - 1 5 9,345 1 - 100 I 9,445 I
Meet with the city to review existing information 12 6 7 1,595 1,595
Review documents and develop listing 10 2 8 1,228 1,228
Prepare Draft Tech Memo#3 35 1 6 24 4 4,299 4,299
Virtual Review Meeting 12 6 7 1,595 1,595
Prepare Final Tech Memo#3 5 2 2 1 626 100 726
Task 4-O&M Manual-Preliminary Outline 65 I 1 9 I 50 - - 1 5 7,838 I - 100 I 7,938
Review documents and develop listing 19 3 16 2,302 2,302
Prepare Draft Tech Memo#4 41 1 4 32 4 4,910 4,910
Prepare Final Tech Memo#4 5 2 2 1 626 100 726
Task 5-Private lateral Rehabilitation Program I 109 I 16 14 1 74 - 1 - 1 5 15,327 1 - 100 I 15,427 I
Evaluate financing approaches for lateral replacement programs 22 4 2 16 3,203 3,203
Evaluate Institutional methods 22 4 2 16 3,203 3,203
Identify Ordinance Language from other municipalities 22 4 2 16 3,203 3,203
Prepare Draft Tech Memo#5 38 4 6 24 4 5,091 5,091
Prepare Final Tech Memo#5 5 2 2 1 626 100 726
Totals 654 40 105 396 27 59 27 88,457 300 500 89,257
Tetra Tech Page 1 of 1 Printed 9/20/2022
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 9a
Subject: Ordinance No. 17-2022; amending of the City's Sign Code related to Feather Signs;
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: At its June 15, 2021 Regular Meeting, City Council approved Resolution No. 2021-06,
which repealed Resolution No. 2020-09, which previously declared a Civil Emergency related to
COVID-19 (Emergency). One of the results of this action was to rescind the authorization on the
temporary use of feather signs and snipe signs by City businesses during the Emergency.
However, at its July 20, 2021 Regular Meeting (Attachment 1), the Council further discussed the
potential continued authorization of feather signs which led to the approval of Resolution No. 2021-
10 (Attachment 2) which continued the temporary suspension of the prohibition on the use of
feather signs for property zoned C-1, C-2, and M-1. In addition, the Resolution requested that the
City's Planning and Zoning Board (Board) make a recommendation to the Council, within 120 days,
regarding whether or not to modify the City's Sign Code to allow for the use of feather signs on a
permanent basis. Due to the irregular Board meeting schedule, existing policy matters before the
Board, and the iterative Board process, this matter is now ready for Council consideration.
Until such time the Council may adopt regulations for the permanent use of feather signs,
Resolution No. 2021-10 promulgated certain rules for their use. Notably, that in addition to
temporary on -premises signs allowed under Sec. 94-76 of Code, one additional temporary on -
premises feather sign is allowed for every 150 linear feet of property frontage, and regardless of
the linear footage of a property, each business located within individual tenant spaces shall be
permitted one feather sign.
At its January 26, 2022 Meeting, the Planning and Zoning Board considered a draft ordinance to
permit feather signs. The Board directed Staff to revise the draft ordinance to reflect input provided
at the meeting. In response, the City Attorney prepared three (3) draft ordinances, each one
providing a distinct regulatory approach to feather signs:
1. Option 1 - allows feather signs similar to all other signs. It creates a new definition of feather
signs and removes it from the "banner" definition.
2. Option 2 - allows feather signs as a temporary on premise sign. It creates a section of Code
applicable to feather signs as a temporary use (see Sec. 94-86). It creates a new definition
of feather signs and removes it from the "banner" definition.
3. Option 3 - places feather signs in the prohibited sign list (see Sec. 94-6). It creates a new
definition of feather signs and removes it from the "banner" definition.
At its August 3, 2022 Meeting (see Attachment 3), the Board recommended approval of Option 2
as contained in Ordinance No. 17-2022 (Attachment 4). Notable items contained within the
proposed Ordinance include:
• Establishes a definition of a Feather Flag.
• Creates Sec. 94-86 establishing requirements for feather signs; notable items include:
City of Cape Canaveral
City Council Meeting • October 18, 2022
Agenda Item # 9a
Page 2 of 2
a. May be erected for a maximum 30 consecutive days on nonresidential property one time
during any calendar year.
b. One temporary sign is allowed for every 150 linear feet of property frontage. Individual
tenant spaces shall be permitted one temporary sign for each tenant space or unit,
regardless of property frontage.
c. On nonresidential property, no temporary sign shall exceed twelve square feet and shall not
exceed eight feet in height.
d. Minimum setbacks for any part of the temporary sign structure shall be a minimum of five
feet from any right-of-way.
e. Shall not be placed closer than twenty feet to another feather sign or a freestanding
monument sign.
f. The temporary sign shall be removed and brought inside when there are storm warnings.
g. The use of consistent size and shape of a feather flag when one or more sign is permitted
on a property.
At its September 21, 2022 Regular meeting, Council approved the subject Ordinance at first reading.
The Notice of Hearing was placed for advertisement in Florida Today on October 6, 2022 and the
Ordinance is now presented for second reading and final adoption.
Submitting Department Director: David Dickey DATE:
Attachments:
1. City Council Regular Meeting Minutes — July 20, 2021
2. Resolution No. 2021-10
3. Planning and Zoning Board Meeting Minutes — August 3, 2022
4. Ordinance No. 17-2022
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:
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 17-2022 on second reading.
Approved by City Manager: Todd Morley DATE: 10/10/22
Attachment 1
City of Cape Canaveral, Florida
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.
Signature
Mia Goforth, City Clerk
Signature
Bob Hoog, Mayor
SEAL of Cape Canaveral, Floirda
Attachment 2
RESOLUTION NO. 2021-10
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA;
TEMPORARILY ALLOWING USE OF FEATHER FLAGS BY BUSINESSES ON
PROPERTY CURRENTLY ZONED C-1, C-2, AND M-1; DIRECTING THE CITY'S
PLANNING & ZONING BOARD TO EVALUATE AND MAKE A
RECOMMENDATION TO THE CITY COUNCIL WITHIN 120 DAYS REGARDING
AMENDING THE SIGN CODE TO ALLOW FEATHER FLAGS AS A PERMITED
SIGN; PROVIDING FOR EITHER THE SUNSET OR EXTENSION OF THE
TEMPORARY ALLOWANCE OF FEATHER FLAGS AT SUCH TIME THE CITY
COUNCIL EVALUATES THE RECOMMENDATION OF THE PLANNING &
ZONING BOARD; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council previously allowed businesses to utilize feather flags on a
temporary basis during the Covid-19 emergency; and
WHEREAS, the City Council now desires to temporarily suspend the enforcement of the
City Code and authorize the temporary use of feather flags for purposes of allowing businesses
to use feather flags in an orderly and timely fashion pending an evaluation and recommendation
to the City Council by the Planning & Zoning Board regarding whether to modify the City's sign
code to allow the use of feather flags on a regular basis; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Sign Code — Temporary On -Premises Feather Flags. On property
currently zoned C-1, C-2, and M-1, the prohibition of feather flags under Chapter 94 of the City
Code is hereby temporary suspended for businesses that are open for business and providing
goods and services to the public. Such businesses shall be permitted to install temporary on -
premises feather flags under the following terms and conditions:
A. In addition to the temporary on -premises signs permitted under Section 94-76 of the
Cape Canaveral City Code, one temporary on -premises feather flag is allowed for every 150 linear
feet of property frontage, or portion thereof unless additional signage is authorized and required
by state or federal law. Individual tenant spaces occupied by a business located on a property
shall be permitted one such feather flag for each separate business, regardless of the linear feet
City of Cape Canaveral
Resolution No. 2021-10
Page 1 of 3
of property frontage so that each business operating in separate space on the property is afforded
an equal opportunity to install one feather flag. Feather flags must also comply with the following
conditions and requirements:
(1) Shall only be displayed during the operational hours of the subject business, and shall be
removed and installed inside a building when the business is not in operation.
(2) Shall be substantially secured or weighted to resist movement while on display. (Per Sec.
94-76(2)(4), Cape Canaveral Code)
(3) Shall not encroach into vehicular circulation areas or be located so as to reduce parking
areas. (Per Sec. 94-76(2)(n)(5), Cape Canaveral Code)
(4) Minimum setbacks for any part of the temporary feather flag structure shall be a minimum
of two feet from any right-of-way. (Per Sec. 94-76(2)(g), Cape Canaveral Code)
(5) No part of any temporary feather flag shall be placed within the right-of-way or within the
visibility triangle or in any way which impedes pedestrian and/or vehicular traffic safety.
No part of any temporary feather flag shall be located so as to reduce any required parking
area. No part of any temporary feather flag shall be located in such a way that it restricts
a pedestrian way and/or sidewalk to less than 44 inches in width. Temporary feather flags
shall be removed and brought inside a building when there are storm warnings so as not
to become a hazard during a storm event. (Per Sec. 94-76(2)(h), Cape Canaveral Code)
(6) Shall be freestanding and shall not rely on any support that is not a part of the feather
flag. (Per Sec. 94-76(2)(i), Cape Canaveral Code)
(B) No provision of this Resolution shall be construed or interpreted as authorizing the
installation of an off -premises feather flag.
(C) This Resolution shall have the full force and effect of law. Violations of this
Resolution shall constitute a code violation and be punishable pursuant to applicable provisions
of the City Code.
Section 3. Planning & Zoning Board Evaluation and Recommendation. Within
one hundred twenty (120) days from the effective date, the Planning & Zoning Board shall
evaluate and recommend to the City Council whether to amend the City's sign code to allow
feather flags on a regular basis. If the recommendation is to allow businesses to use feather flags,
the Planning & Zoning Board shall recommend the terms and conditions by which such flags will
be allowed.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Council are hereby expressly repealed to the extent of the
conflict.
City of Cape Canaveral
Resolution No. 2021-10
Page 2 of 3
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this resolution.
Section 6. Effective Date. This Resolution shall take effect immediately upon
adoption by the City Council. The suspension of enforcement related to feather flags set forth in
this Resolution shall sunset at such time the City Council receives the recommendation required
hereunder from the Planning & Zoning Board, unless otherwise extended by the City Council.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting
duly assembled on the 20th day of July, 2021.
ATTEST:
Mia Goforth, CMC
City Clerk
Approved as to legal form and sufficiency
for they of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
For Against
Mike Brown Second
Robert Hoog X
Mickie Kellum X
Wes Morrison Motion
Angela Raymond X
City of Cape Canaveral
Resolution No. 2021-10
Page3 of 3
SEAL of Cape Canaveral, Florida
Attachment 3
City of Cape Canaveral, Florida DRAFT
Planning and Zoning Board Meeting • August 3, 2022
Minutes • Page 3 of 5
2. Ordinance No. XX-2022; An Ordinance of the City Council of the City of Cape Canaveral,
Florida, amending of the City's Sign Code related to feather signs; providing for the repeal
of prior inconsistent Ordinances and Resolutions, incorporation into the Code, severability
and an effective date.
Mr. Dickey reviewed the Board discussion related to feather signs at its January 26, 2022 Meeting.
The Board considered a draft ordinance to permit feather signs. The Board directed Staff to revise
the draft ordinance to reflect their discussion at the meeting. The City Attorney prepared three
draft ordinances, each one providing a distinct regulatory approach to feather signs:
1. Option 1 — this option allows feather flags similar to all other signs.
2. Option 2 __ this option allows feather flags as a temporary on premise sign.
3. Option 3 — this option places feather flags in a prohibited sign list.
Discussion ensued and a motion was made by Vice Chairman Price and seconded by Board
Member Miller to approve Option 2. Vote on the motion was approved 6-1, with Board
Member Thorpe, voting against.
3. Consideration and Recommendation to the City Council Re: Preliminary/Final Plat
Approval for three (3) residential lots (Poinsetta Place) located on Jefferson Avenue on
Parcel #24-37-23-CG-13-4 per City Code of Ordinances, Sec. 98-61 — Bryan Stumpf,
Applicant.
Mr. Dickey explained to the Board, the applicant, Brian Stumpf, is requesting Preliminary and Final
Plat approval for the Poinsetta Place Subdivision located on the 100 block of Jefferson Avenue.
The request proposes to plat the parcel into three (3) lots.
Usually these approvals are processed separately, since the subdivision only includes three (3) lots,
is under common ownership, and there are no public improvements, Preliminary and Final Plat
approval has been combined to simplify the process. Mr. Stumpf was present for the hearing.
After a short discussion amongst the board, a motion was made by Board Member Miller and
seconded by Board Member Stroud to approve the Preliminary and Final Plat for Poinsetta
Place. Vote on the motion carried unanimously.
4. Consideration and Recommendation Re: Site Plan Approval for the Hyatt Place Hotel
Project located at 9009 Astronaut Boulevard on Parcel #24-37-15-00-252 per City Code of
Ordinances, Sec. 110-223 — Allen Engineering, Applicant.
3
Attachment 4
1 ORDINANCE NO. 17-2022
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; AMENDING OF THE CITY'S SIGN CODE
5 RELATED TO FEATHER SIGNS; PROVIDING FOR THE REPEAL OF
6 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
7 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
8 EFFECTIVE DATE.
9
10 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
11 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
12 law; and
13
14 WHEREAS, Chapter 94 of the City Code sets forth detailed regulations regarding signs;
15 and
16
17 WHEREAS, the City Council desires to expressly authorize feather flags as a permitted
18 type of sign under the terms and conditions stated herein in an attempt to strike an appropriate
19 balance within the City of Cape Canaveral between economic development and mitigating against
20 adverse impacts on community aesthetics caused by sign clutter, traffic hazards and other
21 potential public nuisances; 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
25 Cape Canaveral.
26
27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
28 ORDAINS, AS FOLLOWS:
29 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
30 this reference as legislative findings and the intent and purpose of the City Council of the City of
31 Cape Canaveral.
32
33 Section 2. Amending Chapter 94 - Signs. The City of Cape Canaveral Code of
34 Ordinances, Chapter 94 — Signs is hereby amended as set forth below (underlined type indicates
35 additions and strikeout type indicates deletions, while ** indicate deletions from this Ordinance
36 of said Chapter that shall remain unchanged in the City Code):
37
38 CHAPTER 94 - SIGNS
39
40 ARTICLE I. — IN GENERAL
41
City of Cape Canaveral
Ordinance No. 17-2022
Page 1 of 6
1 Sec. 94-1. - Definitions.
2
3 The following words, terms and phrases, when used in this chapter, shall have the meanings
4 ascribed to them in this section, except where the context clearly indicates a different meaning:
5
6 ***
7 Banner sign means any sign having the characters, letters, illustrations or ornamentation
8 applied to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather
9 signs, flags and pennants (which do not comply with the definition of flag or pennant under this
10 chapter) but excluding government flags for the purposes of this chapter, designated to attract
11 attention.
12 ***
13 Feather Sian means a vertical portable sian made from tear-resistant polyester material or
14 a similar liahtweiaht non-riaid material which does not rely on a buildina or fixed foundation for
15 its structural support and is typically supported with a base or stand on the around and driven
16 into the around for support. and can be easily carried or transported. This definition does not
17 include a banner sian.
18
19 ***
20 Sec. 94-6. — Prohibited signs and features.
21
22 The following signs and features are strictly prohibited:
23 ***
24 (aa) Feather sians except as authorized by sections 94-76 and 94-86.
25 -- - -
26 ***
27
28
29 Sec. 94-76. Temporary on-premises signs.
30 (1) Temporary on-premise signs must comply with the temporary signage table below.
On-Premises Temporary Signage Table
Type and Use Conditions
Temporary sign - in general a, b, c, d, e, f, g, h, i, j
Temporary signage on gubernatorial, presidential, county, city, and c, d, e, f, g, h, i,j, k
any state and federal primary Election Day and during the 30 days
prior to and five days after the Election Day
Banner Sign e, g, h, I
City of Cape Canaveral
Ordinance No. 17-2022
Page 2 of 6
Bag Sign a, e, m
Sandwich Board e, g, h, i,j, n
Feather Flaas Per Sec. 94-86 only
1
2 (2) The following conditions shall apply to any temporary sign unless otherwise provided in the
3 temporary signage table set forth above:
4 a. The temporary signage shall: (i) not be posted more than 14 days prior to the
5 commencement of the scheduled event or occurrence, unless a sooner time period is
6 required by law, and (ii) be removed when the sign has fulfilled its purpose (e.g., the
7 scheduled event or occurrence has concluded).
8 b. One temporary sign is allowed for every 150 linear feet of property frontage, or
9 portion thereof unless additional signage is authorized and required by state or
10 federal law. Individual tenant spaces shall be permitted one temporary sign for each
11 tenant space or unit, regardless of property frontage.
12 c. On residential property, no temporary sign shall exceed six square feet.
13 d. On nonresidential property, no temporary sign shall exceed 32 square feet.
14 e. The temporary sign may be double-faced (back-to-back) and only one side of a
15 double-faced sign shall be counted for sign area calculations.
16 f. The maximum height shall be four feet on residential property, or eight feet on any
17 non-residential property.
18 g. Minimum setbacks for any part of the temporary sign structure shall be a minimum of
19 two feet from any right-of-way.
20 h. No part of any temporary sign shall be placed within the right-of-way or within the
21 visibility triangle or in any way which impedes pedestrian and/or vehicular traffic
22 safety. No part of any temporary sign shall be located so as to reduce any required
23 parking area. No part of any temporary sign shall be located in such a way that it
24 restricts a pedestrian way and/or sidewalk to less than 44 inches in width. Temporary
25 signs shall be removed and brought inside a building when there are storm warnings
26 so as not to become a hazard during a storm event
27 i. Shall be freestanding and shall not rely on any support that is not a part of the sign.
28 j. The temporary sign shall be constructed of sturdy material such as wood, hard plastic,
29 vinyl, hardboard or particle board of sufficient thickness so as to withstand the
30 weather elements commonly experienced within the city. Cardboard and paper-faced
City of Cape Canaveral
Ordinance No. 17-2022
Page 3 of 6
1 temporary signs are strictly prohibited unless they are safely fastened, in their entirety,
2 to a backing made of material set forth in this section.
3 k. With property owner's consent, during gubernatorial, primary, presidential, county and
4 city election years, temporary signs may be placed on Election Day and during the 30
5 days prior to and five days after the Election Day.
6 I. A maximum of one banner sign may be erected on nonresidential property not to
7 exceed 96 square feet, and on residential property not to exceed 12 square feet. A
8 banner sign may be erected for a maximum of 30 consecutive days on nonresidential
9 property and a maximum of 14 consecutive days on residential property one time
10 during any calendar year. A banner sign must be securely fastened in a manner to
11 withstand weather elements commonly experienced in the city.
12 m. Bag signs shall be allowed for 180 days when the copy area of an existing ground sign
13 has been damaged and is awaiting repair, when the business has vacated the property
14 or when the copy area is being replaced to accommodate a new or renamed business.
15 The administrator may grant an extension of time for good cause shown provided any
16 extension shall not exceed 180 calendar days.
17 n. Sandwich boards: One sandwich board is allowed for each business located in the C1,
18 C2 and M1 zoning districts. Sandwich boards must comply with the following
19 requirements:
20 (1) Shall not exceed five feet overall height.
21 (2) Shall not exceed 12 square feet in area.
22 (3) Shall not be displayed from dusk to daybreak.
23 (4) Shall be substantially secured or weighted to resist movement while on display.
24 (5) Shall not encroach into vehicular circulation areas or be located so as to reduce
25 parking areas.
26
27
28
29 ***
30 Sec. 94-86 Feather Signs.
31
32 Feather signs approved under this chapter must comply with the following requirements:
33 (1) May be erected for a maximum of 30 consecutive days on nonresidential property one
34 time during any calendar year upon issuance of a permit by the city.
35 (2) Shall be limited to one (1) feather sign for every 150 linear feet of property frontage, or
36 portion thereof unless additional signage is authorized and required by state or federal
37 law. Individual tenant spaces occupied by a separate and independent business located
City of Cape Canaveral
Ordinance No. 17-2022
Page 4 of 6
1 on a property shall be permitted one such feather sign for each business, regardless of the
2 linear feet of property frontage so that each business operating in separate space on the
3 property is afforded an equal opportunity to install one feather sign.
4 (3) Shall not exceed one sign area per mounting pole that is no greater than twelve (12) square
5 feet in area and shall not exceed eight (8) feet in height from grade.
6 (4) Shall only be displayed during the operational hours of the subject business or event, and
7 shall be removed and installed inside a building when the business or event is not in
8 operation.
9 (5) Shall be securely attached to a free standing and removable mounting pole designed to
10 specifically hold the feather sign and which is substantially secured to the ground and
11 weighted to resist movement while the feather sign is on display.
12 (6) Shall not encroach into vehicular circulation areas or be located so as to reduce parking
13 areas.
14 (7) Minimum setbacks for any part of the feather sign structure shall be a minimum of five (5)
15 feet from any right-of-way.
16 a Shall not be placed closer than twenty (20) feet to another feather sign or freestanding
17 monument sign.
18 a Shall not interfere with or obstruct the visibility of a traffic control device.
19 (10) Shall not be placed within the right-of-way or within the visibility triangle or in any way
20 which impedes pedestrian and/or vehicular traffic safety..
21 (11) Shall not restrict or obstruct a pedestrian way and/or sidewalk.
22 (12) Shall be removed and brought inside a building when there are storm warnings so as not
23 to become a hazard during a storm event.
24 (13) The use of consistent size and shape of a feather sign is required when more than one
25 sign is permitted on a particular property.
26 Secs. 94-876-94-95. Reserved.
27
28 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
29 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
30 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
31
32 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
33 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
34 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
35 and like errors may be corrected and additions, alterations, and omissions, not affecting the
36 construction or meaning of this ordinance and the City Code may be freely made.
37
38 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
39 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
40 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
41 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
City of Cape Canaveral
Ordinance No. 17-2022
Page 5 of 6
1 the validity of the remaining portions of this Ordinance.
2
3 Section 6. Effective Date. This Ordinance shall become effective immediately upon
4 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
5 Charter.
6
7 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day
8 of October, 2022.
9
10
11 Wes Morrison, Mayor
12
13 ATTEST:
14
15 For Against
16
17 Mia Goforth, CMC Kim Davis
18 City Clerk
19 Mickie Kellum
20
21 Wes Morrison
22
23 Angela Raymond
24
25 Don Willis
26
27 Planning & Zoning Board: August 3, 2022
28 First Reading: September 21, 2022
29 Advertisement: October 6, 2022
30 Second Reading: October 18, 2022
31
32 Approved as to legal form and sufficiency
33 for the City of Cape Canaveral only by:
34
35
36 Anthony A. Garganese, City Attorney
37
City of Cape Canaveral
Ordinance No. 17-2022
Page 6 of 6
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 9b
Subject: Resolution No. 2022-25; amending Appendix B, Schedule of Fees of the City Code to
include a Permit Fee related to Feather Signs under Section 94-86 of the City Code; providing for
the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an
effective date.
Department: Community and Economic Development
Summary: At its September 21, 2022 Regular Meeting, the Council approved Ordinance No. 17-
2022 on first reading, to amend the City's sign regulations related to Feather Signs as contained in
Section 94 of City Code.
One of the primary tenets of the new regulations is to consider Feather Signs as a temporary on -
premise sign. The erection of a Feather Sign will follow the established permitting process for other
signs to include the submittal of an application and fee. As this is a new category of sign, the City
Code needs to be updated to include a permit fee for a Feather Sign.
To this end, the City Attorney has prepared Resolution No. 2022-25 (Attachment 1) to establish a
fee of $50.00 for each Feather Sign permit. This fee will be used to offset costs to the City's General
Fund associated with the permitting process as well as monitoring the program.
Submitting Department Director: David Dickey Date:
Attachment:
Resolution No. 2022-25
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date:
The City Manager recommends the City Council take the following action:
Approve Resolution No. 2022-25.
Approved by City Manager: Todd Morley Date: 10/10/22
RESOLUTION NO. 2022-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING APPENDIX B, SCHEDULE OF FEES
OF THE CITY CODE TO INCLUDE A PERMIT FEE RELATED TO FEATHER SIGNS
UNDER SECTION 94-86 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, home rule enables the City to provide a schedule of fees for carrying out the City's
responsibility to administer and enforce the City Code; and
WHEREAS, Section 166.201, Florida Statutes specifically authorizes a municipality to impose
user charges or fees which are necessary for the conduct of municipal government; and
WHEREAS, the City Council desires to update its schedule of fees to establish a permit fee
related to feather signs authorized in accordance with Ordinance No. 17-2022; and
WHEREAS, the City Council finds this Resolution to be in the best interest of the public health,
safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT 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 incorporated
herein by this reference as part of this Resolution.
Section 2. Amendment to Appendix B, Schedule of Fees. Appendix B, Schedule of Fees, to the
Cape Canaveral Code of Ordinances, is hereby amended to include the following permit fee related to
Section 94-86 regulating feather signs as follows (underlined type indicates additions and strikeout type
indicates deletions, while Chapters not stated below, and type not underlined or struckout shall remain
the same as the language existing prior to adoption of this Resolution):
Appendix B - SCHEDULE OF FEES
Printed herein are the fees, rates and charges established by resolution of the city council.
Subpart A. General Ordinances
****
City of Cape Canaveral
Resolution No. 2022-25
Page 1 of 3
Chapter 94. Signs
Amount Code
Section
(a) Permit Fee shall be calculated on actual contract using subsection (a)
of Chapter 82 of Appendix B
(b) Reinspection fee 50.00 94-35
(c) For commencing work without a permit, all fees shall be double
(d) Temporary off-premises signs, feather signs, a-Rel- banners and 50.00 94-81, 94-86
temporary nonresidential signs greater than 12 sq. ft. and 94-4(7)
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council are hereby expressly repealed to the extent of the conflict.
Section 4. Incorporation into Appendix B, Schedule of Fees. This Resolution shall
be incorporated into Appendix B, Schedule of Fees, to the City of Cape Canaveral City Code and
any section or paragraph, number or letter and any heading may be changed or modified as
necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected
and additions, alterations and omissions, not affecting the construction or meaning of this
Resolution and the City Code may be freely made.
Section 5. Severability. If any section, clause, phrase, word or provision is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural
reasons, such portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions of this Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,this 18th
day of October, 2022.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2022-25
Page 2 of 3
Wes Morrison, Mayor
ATTEST:
Mia Goforth, CMC
City Clerk
FOR AGAINST
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Wes Morrison, Mayor
City of Cape Canaveral
Resolution No. 2022-25
Page 3 of 3
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 10
Subject: Ordinance No. 18-2022; amending Chapter 102 — Vegetation, Article II. — Tree Protection;
providing for amendments to comply with State Law preemptions under Florida Statutes; 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: During the 2022 Legislative Session, the Florida Legislature amended two sections of
Florida Statutes related to exemptions from municipal tree protection codes.
The first, Section 163.045, Florida Statutes, amends and clarifies a previous preemption. Under the
previous version of the statute, as pertaining to a broad range of developed residential property, a
local government could not require the submittal of notices, applications, permits, etc., to remove
a tree in circumstances where the tree presents a danger to persons or property, if properly
credentialed Arborist documentation was submitted. The new statutory language narrows the
preemption to apply only to single-family residential properties, as defined therein. Additionally, it
requires that a tree pose an "unacceptable risk" to persons or property. The requirement remains
for documentation, consistent with standards outlined in Best Management Practices — Tree Risk
Assessment, Second Edition (2017), from an arborist certified by the International Society of
Arboriculture or a Florida -licensed landscape architect.
The second, Section 163.3209, provides that an electric utility may clear vegetation away from
power lines to ensure safe transmission of electricity to customers as provided for in state statutes
and Electric Tariff Rules.
The City Attorney has prepared Ordinance No. 18-2022 (Attachment 1), which brings the City Code
into conformance with these two new State requirements.
At its August 3, 2022 Meeting, the Planning and Zoning Board recommended approval of Ordinance
No. 18-2022 (Attachment 2).
At its September 21, 2022 Regular meeting, Council approved the subject Ordinance at first reading.
The Notice of Hearing was placed for advertisement in Florida Today on October 6, 2022 and the
Ordinance is now presented for second reading and final adoption.
Submitting Department Director: David Dickey Date:
Attachments:
1. Ordinance No. 18-2022
2. Planning and Zoning Board Meeting Minutes — August 3, 2022 - DRAFT
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:
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 18-2022 on second reading.
Approved by City Manager: Todd Morley Date: 10/10/22
Attachment 1
1 ORDINANCE NO. 18-2022
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; AMENDING CHAPTER 102 - VEGETATION,
5 ARTICLE II. - TREE PROTECTION; PROVIDING FOR AMENDMENTS TO
6 COMPLY WITH STATE LAW PREEMPTIONS UNDER FLORIDA
7 STATUTES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
8 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
9 CODE, SEVERABILITY AND AN EFFECTIVE DATE.
10
11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
13 law; and
14
15 WHEREAS, during the 2022 legislative session, the Florida Legislature amended section
16 163.045, Florida Statutes related to tree regulations that require the City Council to update the
17 City's Tree Ordinance, and previously adopted a preemption regarding electric utilities; and
18
19 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
20 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
21 Cape Canaveral.
22
23 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
24 ORDAINS, AS FOLLOWS:
25 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
26 this reference as legislative findings and the intent and purpose of the City Council of the City of
27 Cape Canaveral.
28
29 Section 2. Amending Chapter 102 — Vegetation, Article II. — Tree Protection. The
30 City of Cape Canaveral Code of Ordinances, Chapter 102 — Vegetation, Article II. — Tree Protection
31 is hereby amended as set forth below (underlined type indicates additions and strikeout type
32 indicates deletions, while *** indicate deletions from this Ordinance of said Chapter 102, Article II.
33 — Tree Protection that shall remain unchanged in the City Code):
34
35 CHAPTER 102 — VEGETATION
36
37 ***
38 ARTICLE II. — TREE PROTECTION
39
40 ***
41 DIVISION 2. LAND CLEARING
City of Cape Canaveral
Ordinance No. 18-2022
Page 1 of 4
1
2 Sec. 102-40. Permit Criteria; exemptions; standard of review.
3
4 ***
5 (b) Permit exceptions.
6
7 ***
8 (4) Land clearing and tree removal activities authorized and preempted by state or federal
9 law including, but not limited as provided in Section 102-40.5.
10
11 ***
12 (c) Permitted standards of review. When making decisions under this division, the city
13 shall be guided by the following standard of review guidelines:
14 ***
15 (12) Whenever a tree condition or risk assessment is required under this division, such
16 assessment shall be performed on -site in accordance with the tree risk assessment
17 procedures outlined in Best Management Practices — Tree Risk Assessment, Second
18 Edition (2017) by an arborist certified by the International Society of Arboriculture or a
19 Florida licensed landscape architect and signed by the certified arborist or licensed
20 landscape architect.
21 Sec. 102-40.5. — d7 Exemption for tree removal activities authorized and
22 preempted by state or federal law.
23 Land clearing and tree removal activities authorized and preempted by state or federal law
24 include, but are not limited to:
25 (1) Removal of trees on residential property which pose an unacceptable risk to persons or
26 property in accordance with F.S. § 163.045, for which no replacement trees will be
27 required. Property owners removing trees pursuant to F.S. § 163.045 shall possess
28 documentation from an arborist certified by the International Society of Arboriculture
29 or a Florida -licensed landscape architect prior to removal of the tree. For purposes of
30 this section, "documentation" shall mean an onsite assessment performed in accordance
31 with the tree risk assessment procedures outlined in Best Management Practices — Tree
32 Risk Assessment, Second Edition (2017) by an arborist certified by the International
33 Society of Arboriculture or a Florida licensed landscape architect and signed by the
34 certified arborist or licensed landscape architect. The documentation must demonstrate
35 that the tree poses an unacceptable risk to persons or property and that removal is the
36 only means of practically mitigating its risk below moderate, as determined by the tree
City of Cape Canaveral
Ordinance No. 18-2022
Page 2 of 4
1 risk assessment procedures outlined in Best Management Practices — Tree Risk
2 Assessment, Second Edition (2017). Further, for purposes of this section, a "residential
3 property" shall mean a single-family, detached building located on a lot that is actively
4 used for single-family residential purposes and that is either a conforming use or a
5 legally recognized nonconforming use in accordance with the City's applicable land
6 development regulations. The term "residential property" for purposes of this
7 subsection does not include any property not meeting the aforementioned definition
8 including, but not limited to, multi -family property; common areas owned by a
9 homeowners or condominium association; vacant land zoned or designated for any kind
10 of residential or mixed use with residential on the city's official zoning map or future
11 land use map; public rights -of -way; or land subject to particular landscaping, tree
12 planting or preservation requirements pursuant to an executed development
13 agreement, landscape easement granted to the city, or conservation easement.
14 (2) A right and responsibility granted to an electric utility to clear vegetation away
15 from power lines in order to ensure the safe transmission of electricity to customers, as
16 provided by state statutes and Electric Tariff Rules including the preemption under F.S. §
17 163.3209.
18
19 ***
20
21
22 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
23 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
24 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
25
26 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
27 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
28 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
29 and like errors may be corrected and additions, alterations, and omissions, not affecting the
30 construction or meaning of this ordinance and the City Code may be freely made.
31
32 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
33 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
34 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
35 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
36 the validity of the remaining portions of this Ordinance.
37
38 Section 6. Effective Date. This Ordinance shall become effective immediately upon
39 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
40 Charter.
41
42
City of Cape Canaveral
Ordinance No. 18-2022
Page 3 of 4
1 ADOPTED by the City Council of the Cityof Cape Canaveral, Florida, this 18th day
2 of October, 2022.
3
4
5 Wes Morrison, Mayor
6
7 ATTEST:
8
9 For Against
10
11 Mia Goforth, CMC Kim Davis
12 City Clerk
13 Mickie Kellum
14
15 Wes Morrison
16
17 Angela Raymond
18
19 Don Willis
20
21 First Reading: September 21, 2022
22 Advertisement: October 6, 2022
23 Second Reading: October 18, 2022
24
25 Approved as to legal form and sufficiency
26 for the City of Cape Canaveral only by:
27
28
29 Anthony A. Garganese, City Attorney
30
City of Cape Canaveral
Ordinance No. 18-2022
Page 4 of 4
Attachment 2
PLANNING & ZONING BOARD
MEETING MINUTES
AUGUST 3, 2022
A meeting of the Planning & Zoning Board took place on August 3, 2022, at City Hall Council
Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called the meeting to
order at 6:02 pm. The Board Secretary called the roll.
ROLL CALL
MEMBERS PRESENT
Lamar Russell Chairman
John Price Vice Chairman
Nancy Gentilquore Board Member
Susan Denny Board Member
Steven Stroud Board Member
Michael Miller Board Member
Kathy Stokes Ex-officio Board Member
OTHERS PRESENT
David Dickey
Anthony Garganese
Patti Roth
PUBLIC PARTICIPATION
None
OLD BUSINESS
NEW BUSINESS
A. Board Matters:
Director, Community & Economic Development
City Attorney
Board Secretary
1. Approval of Meeting Minutes: June 22, 2022 — Motion to accept the minutes, making the
correction showing Dr. Miller was present for the June 22, 2022 meeting, made by Board
Member Gentilquore and seconded by Vice Chairman Price. Vote on the motion carried
unanimously.
B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings):
Due to public attendance related to the DiChristopher Lot Split application (Item# 5), a motion
was made by Board Member Denny and seconded by Board Member Dr. Miller to move Item #5
to Item #2. Vote on the motion carried unanimously.
5. Consideration and Recommendation Re: Lot Split for property located at E. Central
Boulevard and Ridgewood Avenue (Parcel Nos. 24-37-14-51-9-21.01 and 24-37-14-51-9-21.02),
Section 98-66, Mike DiChristopher, Applicant.
Dave Dickey, the Community and Economic Development (CED) Director reviewed the agenda
cover with the Board. The property is zoned R-1 which only allows single-family homes. Parcel 1
(northern parcel) is .21 acres and Parcel 2 (southern parcel) is .18 acres.
Mike DiChristopher is the current owner and he purchased the property in July 2018. Subsequent
to the purchase, Mr. DiChristopher approached the City regarding building on the two parcels.
Staff determined that the parcels had not been created consistent with City subdivision
requirements. In this case, as the parcel had been divided into two parcels, a lot split application
was required. Mr. Dickey explained to the board that a property owner can record a survey,
indicating a subdivision of a parent tract, with the Brevard Clerk of Courts without the City's
consent or knowledge. Neither the Clerk of Court, Tax Collector or Property Appraiser verify
whether a subdivision of land (except for a plat) has been approved by the City or County before
the deed is recorded and the parcels are redefined for their respective purposes.
Some property owners in Cape Canaveral, prior to 2010, apparently subdivided their land by
recording deeds with the Clerk of Court without notifying the City and following the requirements.
Staff has not been able to find any records indicating the subject parcels were authorized by the
City.
For this reason, Staff is processing this request as an "after -the -fact" lot split application to review
the recorded parcels against City subdivision and zoning requirements, and to formally recognize
the parcels for City development permit purposes.
Because this request is consistent with all applicable regulations, Staff is recommending that the
Planning & Zoning Board approve the Lot Split application and recommend it to the Council.
There were 6 citizens from the public and all opposed the request.
Mr. DiChristopher was present with his attorney, Kevin Markey. Both answered questions from the
public as well as the board.
Discussion ensued. A motion was made by Vice Chairman Price and seconded by Board Member
Stroud to approve the Lot Split application for the property located at E. Central Boulevard and
Ridgewood Avenue and to recommend it to the Council. Vote on the motion carried unanimously.
2. Ordinance No. XX-2022; An Ordinance of the City Council of the City of Cape Canaveral,
Florida, amending of the City's Sign Code related to feather signs; providing for the repeal of prior
inconsistent Ordinances and Resolutions, incorporation into the Code, severability and an
effective date.
2
Mr. Dickey reviewed the Board discussion related to feather flags at its January 26, 2022 Meeting.
The Board considered a draft ordinance to permit feather flags. The Board directed Staff to revise
the draft ordinance to reflect their discussion at the meeting. The City Attorney prepared (3) draft
ordinances, each one providing a distinct regulatory approach to feather signs:
1. Option 1 — this option allows feather flags similar to all other signs.
2. Option 2 - this option allows feather flags as a temporary on premise sign.
3. Option 3 — this option places feather flags in a prohibited sign list.
Discussion ensued and a motion was made by Vice Chairman Price and seconded by Board
Member Dr. Miller to approve Option 2. Vote on the motion was approved 6-1, with Board
Member Thorpe, voting against.
3. Consideration and Recommendation to the City Council Re: Preliminary/Final Plat Approval
for three (3) residential lots (Poinsetta Place) located on Jefferson Avenue on Parcel #24-37-23-
CG-13-4 per City Code of Ordinances, Sec. 98-61 — Bryan Stumpf, Applicant.
Mr. Dickey explained to the Board, the applicant, Brian Stumpf, is requesting Preliminary and Final
Plat approval for the Poinsetta Place Subdivision located on the 100 block of Jefferson Avenue.
The request proposes to plat the parcel into three (3) lots.
Usually these approvals are processed separately, since the subdivision only includes three (3) lots,
is under common ownership, and there are no public improvements, Preliminary and Final Plat
approval has been combined to simplify the process. Mr. Stumpf was present for the hearing.
After a short discussion amongst the board, a motion was made by Board Member Miller and
seconded by Board Member Stroud to approve the Preliminary and Final Plat for Poinsetta Place.
Vote on the motion carried unanimously.
4. Consideration and Recommendation Re: Site Plan Approval for the Hyatt Place Hotel Project
located at 9009 Astronaut Boulevard on Parcel #24-37-15-00-252 per City Code of Ordinances,
Sec. 110-223 — Allen Engineering, Applicant.
Mr. Dickey gave a brief overview for the Site Plan for the proposed Hyatt Place Hotel located at
9009 Astronaut Boulevard. The Site Plan consists of a 6-story hotel that includes a 154 room
Country Inn and Suites hotel. The proposed structure is 65 feet in height, with a footprint of 15,252
square feet. The project meets all of the dimensional requirements outlined in City Code.
Discussion ensued regarding infrastructure, when will construction begin, and if the City has any
experience with this developer. Mike Allen of Allen Engineering was present at the meeting. Mr.
Allen told the Board they would like to start the project as soon as possible and it's the same
developer that built Country Inn & Suites. He also stated that the Community Appearance Board
3
approved a Level II review for the proposed hotel as well as approval to construct to a height not
to exceed 65 feet at their January 2022 meeting.
A motion was made by Vice Chairman Price and seconded by Board Member Stroud to
recommend approval of the Site Plan for the Hyatt Place Hotel. Vote on the motion carried
unanimously.
6. Ordinance No. XX-2022; An Ordinance of the City of Cape Canaveral, Florida, amending
Chapter 102 — Tree Protection; providing for amendments to comply with State law preemptions;
providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the
Code, severability and an effective date.
City Attorney Garganese explained the Ordinance to amend Chapter 102 related to tree protection
to recognize state law preemptions. Mr. Garganese told the Board the proposed ordinance
exempts City permitting for the clearing of vegetation away from power lines by electric utilities
consistent with Florida Statute. Furthermore, that removal of trees on defined residential property
with proper certification from an arborist certified by the International Society of Arboriculture or
a Florida -licensed landscape architect is also exempt.
After a short discussion a motion was made by Board Member Denny and seconded by Board
Member Gentilquore to approve amending Ordinance 18-2022 Chapter 102, related to tree
protection. Vote on the motion carried unanimously.
REPORTS AND OPEN DISCUSSION — Discussion item regarding adding a mixed -use land use
category in the Comprehensive Plan.
Mr. Dickey distributed a hand out regarding the allowance for mixed use in the City. This item will
be on the August 24, 2022 Board Agenda.
Board Member Denny raised the issue of the Short Term Rental ordinance, specifically the
software and if the rules are strict enough. Board Member Miller agreed. Mr. Dickey explained this
topic will be a discussion item at the August 19th City Council meeting and a presentation will be
given by ProChamps at an upcoming Council Meeting.
ADJOURNMENT
The meeting adjourned at 8:13 PM.
Approved on this day of , 2022
4
Lamar Russell, Chairman
Patti Roth, Board Secretary
5
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 11
Subject: Ordinance No. 20-2022; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund
Budgets for the Fiscal Year beginning October 1, 2021, and ending September 30, 2022; providing
for an effective date, first reading.
Department: Administrative and Financial Services
Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 20-2022
(Attachment) is presented for adoption. Exhibit "A" to the Ordinance details the revenues and
expenditures pertaining to the Starting Budget, Budget Transfers, and Year-end Budget
Adjustments and concludes with the 2022 Ending Budget. The revenues and expenditures have
been adjusted to reflect what Staff believes to be the final Budget. This shows revenue that has
exceeded estimates or was under -realized.
Exhibit "B" shows a complete Budget Adjustment Detail sequentially numbered by
Account/Description. As with past years, the Annual Comprehensive Financial Report (ACFR) will
provide the actual expenditures for this budget year. It is anticipated that the FY 2021/22 Estimated
Ending Fund Balances as compared to the Budget are as follows:
General Fund $616,297
Special Revenue Fund $231,590
Capital Projects Fund -
Wastewater Enterprise Fund $11,940
Stormwater Enterprise Fund $473,851
This is the first reading of Ordinance No. 20-2022.
Submitting Department Director: John DeLeo Date:
Attachment: Ordinance No. 20-2022 with Exhibits "A" and "B".
Financial Impact: No additional financial impact is experienced through the formal adoption of
the Budget Adjustments and Amendments. However, the financial impact of each Adjustment or
Amendment is recorded at the face value of the Amendment. Cost of Advertisement; Staff time and
effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date:
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 20-2022, first reading.
Approved by City Manager: Todd Morley Date: 10/6/22
ORDINANCE NO. 20-2022
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND,
SPECIAL REVENUE FUNDS, AGENCY FUND, CAPITAL PROJECT FUNDS,
ENTERPRISE FUNDS AND ENTERPRISE CAPITAL FUND BUDGETS FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30,
2022; PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida,
as follows:
SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency Fund,
Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached hereto as
Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning
October 1, 2021, and ending September 30, 2022, are hereby approved and adopted.
SECTION 2. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
2022.
ATTEST:
Mia Goforth, City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
First Reading: 10/18/2022
Legal Ad Published:
Second Reading:
Wes Morrison, Mayor
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
FOR AGAINST
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
Exhibit A
GENERAL FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward 1,401,200 (1,401,200) -
Cash Forward-R&R 595,500 (595,500) -
Ad Valorem Taxes 5,138,467 74,992 5,213,459
Local Option Gas Tax 320,000 68,205 388,205
Franchise Fees 844,168 83,259 927,427
Utility Taxes 1,237,596 153,086 1,390,682
Communications Service Tax 392,450 (18,126) 374,324
Permits & Licenses 666,800 (15,584) 651,216
Impact Fees 701,250 1,063,947 1,765,197
State Grants 253,600 (252,452) 1,148
ARPA Revenue 51,761 51,761
State Shared Revenue 946,795 191,809 1,138,604
Local Shared Revenue 138,918 - 138,918
Charges for Services 24,250 14,944 39,194
Garbage & Recycling Revenue 1,216,484 36,191 1,252,675
Recreation Fees 75,375 32,271 107,646
Fines & Forfeitures 14,325 391 14,716
Interest Income 57,270 (1,604) 55,666
Fire Hydrant Rental Fee 81,800 (6,430) 75,370
Miscellaneous Revenue 95,300 (37,473) 57,827
PAL Program Revenue 41,000 (14,588) 26,412
Transfer from School Guard Crossing Fund 2,050 - 2,050
Transfer from CRA 686,093 130,093 816,186
Contribution from Wastewater Fund 707,506 - 707,506
Contribution from Stormwater Fund 19,566 - 19,566
Other Sources Loan Proceeds 3,950,000 (808,405) 3,141,595
TOTAL REVENUES 19,607,763 - (1,250,415) 18,357,348
EXPENDITURE
Legislative 74,948 (10,012) 64,936
Administrative Services 575,650 (56,606) 519,044
Community Dev/Code Enf/Econ Dev 791,259 (34,276) 756,983
Protective Services 3,309,761 4,708 3,314,469
Fire / Rescue Services 2,647,475 (412,743) 2,234,732
Building 330,190 (70,253) 259,937
Infrastructure Maintenance 1,405,460 19,000 (199,157) 1,225,303
Community & Cultural Programs 295,128 (103,868) 191,260
Leisure Services 1,348,753 12,000 (450,042) 910,711
Legal Services 297,432 (149,817) 147,615
Solid Waste 1,211,916 (63,658) 1,148,258
Debt Service 1,292,475 116,000 14,093 1,422,568
Non-Departmental 5,792,823 50,000 (297,587) 5,545,236
Contingency 234,493 (197,000) 578,804 616,297
TOTAL EXPENDITURES 19,607,763 - (1,250,414) 18,357,349
Excess of Revenues Over / (Under) Expenditures - - (0)
Page 1 of 6
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
POLICE EDUCATION FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Police Education Income 1,380 (191) 1,189
Interest Income 230 (134) 96
TOTAL REVENUES 1,610 - (325) 1,285
EXPENDITURE
Education &Training -
Contingency 1,610 (325) 1,285
TOTAL EXPENDITURES 1,610 - (325) 1,285
Excess of Revenues Over / (Under) Expenditures - - (0)
FIRE PROTECTION FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward R&R
Interest Income 504 (258) 246
Impact Fees 9,500 (9,500) -
Net Increase(decrease)in FMV - -
TOTAL REVENUES 10,004 - (9,758) 246
EXPENDITURE
Transfer to GF
Contingency 10,004 (9,758) 246
TOTAL EXPENDITURES 10,004 - (9,758) 246
Excess of Revenues Over / (Under) Expenditures - - 0
SCHOOL CROSSING GUARD FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward 1,200 - 1,200
Parking Fine Surcharge 850 (132) 718
Interest Income -
TOTAL REVENUES 2,050 - (132) 1,918
EXPENDITURE
Transfer to General Fund 2,050 - 2,050
Contingency - -
TOTAL EXPENDITURES 2,050 - - 2,050
Excess of Revenues Over / (Under) Expenditures - - (132)
Page 2 of 6
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
LIBRARY FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward
Ad Valorem Taxes 67,481 1,048 68,529
Ad Valorem Tax Delinquent 50 (50)
Tax Penalty Income 60 (41) 19
Interest Income 6,180 (3,491) 2,689
Miscellaneous 5,000 5,000
Interest-Tax Collections 42 53 95
Impact Fees- Library 12,100 12,789 24,889
TOTAL REVENUES 85,913 - 15,309 101,222
EXPENDITURE
Operating Expenses 40,100 (21,587) 18,513
Capital Purchases 30,000 (1,050) 28,950
Contingency 15,813 37,946 53,759
TOTAL EXPENDITURES 85,913 - 15,309 101,222
Excess of Revenues Over / (Under) Expenditures - - 0
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward - -
Shared Revenue from Cape Canaveral 943,062 - 943,062
Shared Revenue from Brevard County 943,062 - 943,062
Interest Income 288 (196) 92
Transfer from General Fund 3,793,193 (651,598) 3,141,595
Transfer from Stormwater 65,000 - 65,000
TOTAL REVENUES 5,744,605 - (651,795) 5,092,810
EXPENDITURE
Operating Expenses 11,559 (10,472) 1,088
Capital Purchases 4,783,693 (273,731) 4,509,962
Debt Service 938,417 (69,907) 868,510
Contingency 10,936 (297,684) (286,748)
TOTAL EXPENDITURES 5,744,605 - (651,794) 5,092,811
Excess of Revenues Over/(Under) Expenditures - - (0)
Page 3 of 6
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
LAW ENFORCEMENT TRUST FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward 7,526 - 7,526
Interest-State 45 (31) 14
Contraband Income 1,000 (637) 363
Net Increase (decrease) in FMV -
TOTAL REVENUES 8,571 - (669) 7,902
EXPENDITURE
School Resource Officer 6,203 - 6,203
Contingency 2,368 (669) 1,699
TOTAL EXPENDITURES 8,571 - (669) 7,902
Excess of Revenues Over / (Under) Expenditures - - 0
Page 4 of 6
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
WASTEWATER ENTERPRISE FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward 434,000 (434,000)
Utility Operating Income 4,056,805 98,458 4,155,263
Utility Penalty Income 62,015 (17,111) 44,904
Sewer Assessment Fees 84,000 97,141 181,141
Reuse Hook-Up Fees 2,925 (2,925)
Reclaimed Water Revenue 91,650 (1,094) 90,556
Investment Income 6,240 (3,677) 2,563
Sale of Fixed Assets 2,000 (2,000)
Miscellaneous Income 2,000 78,374 80,374
State Grants - 128,400 128,400
Transfer from CC CRA Fund 52,324 - 52,324
SRF Loan Proceeds 2,096,500 (329,391) 1,767,109
TOTAL REVENUES 6,890,459 - (387,826) 6,502,633
EXPENDITURE
Personal Services 1,683,277 (67,000) 1,616,277
Operating Expenses 1,338,021 45,850 (379,298) 1,004,573
Debt Service 551,629 47,324 598,953
Contribution to General Fund 707,506 - 707,506
Capital Outlay 2,530,500 32,884 2,563,384
Contingency 79,526 (45,850) (21,736) 11,940
TOTAL EXPENSES 6,890,459 - (387,826) 6,502,633
Excess of Revenues Over / (Under) Expenses - - 0
Page 5 of 6
For Fiscal Year Ending September 30,2022 Ordinance No.20-2022
STORMWATER ENTERPRISE FUND
FY 2022 FY 2022 FY 2022 FY 2022
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward 205,100 (205,100)
Stormwater Utility Fees 1,159,200 (64,080) 1,095,120
Investment Income 2,376 (413) 1,963
Miscellaneous Income - 11,752 11,752
Grant- FIND 131,400 (131,400)
TOTAL REVENUES 1,498,076 - (389,242) 1,108,834
EXPENDITURE
Personal Services 323,291 (4,803) 318,488
Operating Expenses 295,590 (113,344) 182,246
Contribution to General Fund 19,566 - 19,566
Transfer to CRA 65,000 (65,000)
Capital Outlay 336,500 175,000 (396,817) 114,683
Contingency 458,129 (175,000) 190,722 473,851
TOTAL EXPENSES 1,498,076 - (389,243) 1,108,833
Excess of Revenues Over / (Under) Expenses - - 0
Page 6 of 6
General Ledger Ordinance No. 20-2022
Budget Adjustment Summary Exhibit B
City of
Cape Canaveral
ACCOUNT NUMBER DESCRIPTION BEGINNING BUDGET CHANGE ENDING BUDGET
001-017-901-933000 PROFESSIONAL SERVICES 900 50,000 50,900
001-017-901-999000 CONTINGENCY 234,493 (50,000) 184,493
001-007-541-563001 CAPITAL- INFRASTRUCTURE - R&R 55,000 19,000 74,000
001-017-901-999000 CONTINGENCY 184,493 (19,000) 165,493
001-015-519-571000 DEBT SERVICE 1,190,000 116,000 1,306,000
001-017-901-999000 CONTINGENCY 165,493 (116,000) 49,493
401-010-535-546220 COLLECTION SYSTEM MAINTENANCE 122,950 45,850 168,800
401-010-535-599000 CONTINGENCY 79,526 (45,850) 33,676
403-018-538-563201 PAVING FUND 25,000 175,000 200,000
403-018-538-599000 CONTINGENCY 458,129 (175,000) 283,129
001-011-572-552170 PAL PROGRAM EXPENSES 14,000 12,000 26,000
001-017-901-999000 CONTINGENCY 49,493 (12,000) 37,493
ITEM # 12
City of Cape Canaveral
John DeLeo, Administrative/Financial Director
P.O. Box 326
Cape Canaveral, FL 32920
(321) 868-1230
(321) 868-1248 fax
j.deleo@cityofcapecanaveral.org
Memo
TO: The Honorable Mayor and Members of the City Council
VIA: Todd Morley, City Manager
FROM: John DeLeo, Administrative/Financial Services Director
DATE: September 15, 2022
RE: Monthly Financial Report — August 2022
Staff is pleased to present the Monthly Financial Report for the period ending August 31, 2022.
At this point in the Fiscal Year, the Year to Date Actuals should be 91.7% of the total annual
budget.
Total General Fund Departmental costs are 5.9% below target. Administrative Services is running
below target at 85.8%. Community Development/Code Enforcement/Economic Development is
under target at 89.1 %. Building Department is under target at 74.5% .Protective Services are over
target by 9.1%. Fire Rescue is running below target by 8%. Leisure Services is 28% below target.
Non -Departmental expenditures are below budgetary projections by 7%.
The Community Redevelopment Agency (CRA) has incurred $4,838,444 of expenses for the current
Fiscal Year. It currently is running -$286,687 as of the end of month August 2022 and is projected
to end up at -$302,000 at the end of FY 2022.
Wastewater Fund overall costs are under target at 87.3%.
The Stormwater Fund is under target cost at 55.2%.
The City's General Fund investments total $9,732,286.54; Special Revenue investments total
$398,181.95; and Enterprise Fund investments total $623,237.56. The Grand total of all
investments is $10,753,706.05. The Annual Rate of Return for each Investment is attached.
If you have questions or wish anything additional, please contact me.
City of Cape Canaveral
Fund Narrative
Period Ended August 31, 2022
Revenue
Ad Valorem Tax
To date, the City has received 101.4% of Ad Valorem revenue. The City should have seen the highest income in
December and less income as the fiscal year continues.
Local Option Gas Tax
This amount represents actuals for October through June and accruals for July and August. It is above target at
114.9%.
Franchise Fees, Utility Service Taxes and Communications Service Tax
This amount represents actuals for October through June and accruals for July and August. These are slightly
above target at 93.8%.
Permits and Licenses
Permits and Licenses are slightly below target at 90.7%. This will see greatest revenue in August/September when
the BTR renewals are mailed out.
State Shared Revenues
This amount represents actuals for October through June and accruals for July and August. This revenue source
includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2
Cent Sales Tax. These are above target at 110.8%.
Garbage and Recycling Revenues
This amount represents actual collections for October through July and an accrual for August. These are slightly
above target at 94.7%.
Recreation Fees (Leisure Services)
Recreation Fees are above target and budget at 132.3%. The C5 Membership Fees are contributing to the
increased revenue.
Investment Income
Investment Income is above target at 96.8%. This is a direct result of a fluctuating market in the rate of return.
Future events may affect current rate of return.
Utility Operating Income (Wastewater Fund)
This amount represents actual collections for October through July and an accrual for August. It is slightly above
target at 94.1%.
Stormwater Utility Fees (Stormwater Fund)
This amount represents actual collections for October through July and an accrual for August. It is below target
at 86.1%.
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended August 31,2022
GENERAL FUND
FY 2021-2022 AUGUST 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 1,401,200 1,289,104 92.0% 1,284,433
Cash Forward -R&R 595,500 547,860 92.0% 545,875
Ad Valorem Taxes 5,138,467 5,212,700 101.4% 4,710,261
Local Option Gas Tax 320,000 367,556 114.9% 293,333
Franchise Fees 844,168 829,569 98.3% 773,821
Utility Taxes 1,237,596 1,183,499 95.6% 1,134,463
Communications Service Tax 392,450 343,857 87.6% 359,746
Permits & Licenses 666,800 605,026 90.7% 611,233
Impact Fees 701,250 74,597 10.6% 642,813
State Grants 253,600 1,148 0.5% 232,467
ARPA Revenue - 38,010 0.0% -
State Shared Revenue 946,795 1,048,693 110.8% 867,895
Local Shared Revenue 138,918 138,918 100.0% 127,342
Charges for Services 24,250 37,552 154.9% 22,229
Garbage & Recycling Revenue 1,216,484 1,151,849 94.7% 1,115,110
Recreation Fees 75,375 99,731 132.3% 69,094
Fines & Forfeitures 14,325 11,856 82.8% 13,131
Interest Income 57,270 55,422 96.8% 52,498
Fire Hydrant Rental Fee 81,800 68,517 83.8% 74,983
Miscellaneous Revenue 95,300 56,239 59.0% 87,358
PAL Program Revenue 41,000 52,592 128.3% 37,583
Transfer from School Guard Crossing Fund 2,050 2,050 100.0% 1,879
Transfer from CRA Fund 686,093 816,186 119.0% 628,919
Contribution from Wastewater Fund 707,506 648,547 91.7% 648,547
Contribution from Stormwater Fund 19,566 17,936 91.7% 17,936
Loan Proceeds 3,950,000 2,600,590 65.8% 3,620,833
TOTAL REVENUES $ 19,607,763 17,299,604 88.2% $ 17,973,783
EXPENDITURE
Legislative 74,948 56,724 75.7% 68,702
Administrative Services 575,650 494,151 85.8% 527,679
Comm Dev/Code Enf/Econ Development 791,259 705,327 89.1% 725,321
Protective Services 3,309,761 3,336,629 100.8% 3,033,948
Fire/Rescue Services 2,647,475 2,216,070 83.7% 2,426,852
Building 330,190 245,933 74.5% 302,674
Infrastructure Maintenance 1,424,460 1,173,275 82.4% 1,305,755
Community and Cultural Affairs 307,128 180,635 58.8% 281,534
Leisure Services 1,348,753 858,900 63.7% 1,236,357
Legal Services 297,432 145,664 49.0% 272,646
Solid Waste 1,211,916 1,035,004 85.4% 1,110,923
Debt Service 1,408,475 1,422,568 101.0% 1,291,102
Non-Departmental 5,842,823 4,946,126 84.7% 5,355,921
Contingency 37,493 0.0% 34,369
TOTAL EXPENDITURES $ 19,607,763 16,817,006 85.8% $ 17,973,783
Excess of Revenues Over / (Under) Expenditures 482,598
Page 1 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended August 31,2022
POLICE EDUCATION FUND
FY 2021-2022 AUGUST 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Police Education Income 1,380 1,063 77.1% 1,265
Interest Income 230 96 41.7% 211
TOTAL REVENUES $ 1,610 1,159 72.0% $ 1,476
EXPENDITURE
Education &Training - 0.0% -
Contingency 1,610 0.0% 1,476
TOTAL EXPENDITURES $ 1,610 - 0.0% $ 1,476
Excess of Revenues Over / (Under) Expenditures 1,159
FIRE PROTECTION FUND
FY 2021-2022 AUGUST 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward R&R - 0.0% -
Interest Income 504 246 48.9% 462
Impact Fees 9,500 0.0% 8,708
TOTAL REVENUES $ 10,004 246 2.5% $ 9,170
EXPENDITURE
Transfer to General Fund - 0.0% -
Contingency 10,004 0.0% 9,170
TOTAL EXPENDITURES $ 10,004 - 0.0% $ 9,170
Excess of Revenues Over / (Under) Expenditures 246
Page 2 of 6
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended August 31,2022
SCHOOL CROSSING GUARD FUND
FY 2021-2022 AUGUST 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 1,200 1,200 100.0% 1,100
Parking Fine Surcharge 850 858 100.9% 779
Interest Income - 0.0% -
TOTAL REVENUES $ 2,050 2,058 100.4% $ 1,879
EXPENDITURE
Transfer to General Fund 2,050 2,050 100.0% 1,879
Contingency - 0.0% -
TOTAL EXPENDITURES $ 2,050 2,050 100.0% $ 1,879
Excess of Revenues Over / (Under) Expenditures 8
LIBRARY FUND
FY 2021-2022 AUGUST 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward - 0.0% -
Ad Valorem Taxes 67,481 68,519 101.5% 61,858
Ad Valorem Tax Delinquent 50 0.0% 46
Tax Penalty Income 60 19 32.1% 55
Interest Income 6,180 2,689 43.5% 5,665
Interest-Library Impact Fees - 12,645 0.0% -
Interest-Tax Collections 42 95 227.4% 39
Impact Fees-Library 12,100 0.0% 11,092
Miscellaneous Revenue - 5,000 0.0% -
TOTAL REVENUES $ 85,913 88,968 103.6% $ 78,754
EXPENDITURE
Operating Expenses 40,100 18,434 44.3% 36,758
Capital Purchases 30,000 27,088 28.1% 27,500
Contingency 15,813 0.0% 14,495
TOTAL EXPENDITURES $ 85,913 45,523 30.5% $ 78,754
Excess of Revenues Over / (Under) Expenditures 43,445
Page 3 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended August 31,2022
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2021-2022 AUGUST 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward - 0.0%
Shared Revenue from Cape Canaveral 943,062 943,062 100.0% 864,474
Shared Revenue from Brevard County 943,062 943,062 100.0% 864,474
Interest Income 288 42 14.7% 264
Transfer from General Fund 3,793,193 2,600,590 68.6% 3,477,094
Transfer from Stormwater 65,000 65,000 100.0% 59,583
TOTAL REVENUES $ 5,744,605 4,551,756 79.2% $ 5,265,888
EXPENDITURE
Operating Expenses 11,559 1,088 9.4% 10,596
Capital Purchases 4,783,693 3,968,847 83.0% 4,385,052
Debt Service 938,417 868,510 92.6% 860,216
Contingency 10,936 0.0% 10,025
TOTAL EXPENDITURES $ 5,744,605 4,838,444 84.2% $ 5,265,888
Excess of Revenues Over/(Under) Expenditures (286,687)
LAW ENFORCEMENT TRUST FUND
FY 2021-2022 AUGUST 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 7,526 6,924 92.0% 6,899
Contraband Income 1,000 363 36.3% 917
Interest-State 45 14 30.5% 41
TOTAL REVENUES $ 8,571 7,300 85.2% $ 7,857
EXPENDITURE
School Resource Officer 6,203 6,203 100.0% 5,686
Contingency 2,368 0.0% 2,171
TOTAL EXPENDITURES $ 8,571 6,203 72.4% $ 7,857
Excess of Revenues Over / (Under) Expenditures 1,097
Page 4 of 6
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended August 31,2022
WASTEWATER ENTERPRISE FUND
FY 2021-2022 AUGUST 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 434,000 399,280 92.0% 397,833
Utility Operating Income 4,056,805 3,817,196 94.1% 3,718,738
Utility Penalty Income 62,015 37,265 60.1% 56,847
Sewer Assessment Fees 84,000 103,005 122.6% 77,000
Reuse Hook-Up Fees 2,925 0.0% 2,681
Reclaimed Water Revenue 91,650 75,864 82.8% 84,013
Investment Income 6,240 2,440 39.1% 5,720
Sale of Fixed Assets 2,000 0.0% 1,833
Transfer from CC CRA Fund 52,324 52,324 100.0% 47,964
SRF Loan Proceeds 2,096,500 1,767,109 84.3% 1,921,792
State Grants - 128,400 0.0% -
Miscellaneous Income 2,000 79,840 3992.0% 1,833
TOTAL REVENUES $ 6,890,459 6,462,724 93.8% $ 6,316,254
EXPENDITURE
Personal Services 1,683,277 1,500,252 89.1% 1,543,004
Operating Expenses 1,338,021 912,274 68.2% 1,226,519
Debt Service 551,629 598,953 108.6% 505,660
Capital Purchases 2,530,500 2,358,464 93.2% 2,319,625
Contribution to General Fund 707,506 648,547 91.7% 648,547
Contingency 79,526 0.0% 72,899
TOTAL EXPENSES $ 6,890,459 6,018,489 87.3% $ 6,316,254
Excess of Revenues Over/(Under) Expenses 444,235
Page 5 of 6
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended August 31,2022
STORMWATER ENTERPRISE FUND
FY 2021-2022 AUGUST 22 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 205,100 0.0% 188,008
Stormwater Utility Fees 1,159,200 998,520 86.1% 1,062,600
Investment Income 2,376 1,963 82.6% 2,178
Miscellaneous Income - 11,752 0.0% -
Grant-FIND 131,400 0.0% 120,450
TOTAL REVENUES $ 1,498,076 $ 1,012,234 67.6% $ 1,373,236
EXPENDITURE
Personal Services 323,291 294,892 91.2% 296,350
Operating Expenses 295,590 173,932 58.8% 270,958
Capital Purchases 336,500 274,683 81.6% 308,458
Contribution to General Fund 19,566 17,936 91.7% 17,936
Transfer to CRA 65,000 65,000 100.0% 59,583
Contingency 458,129 0.0% 419,952
TOTAL EXPENSES $ 1,498,076 $ 826,442 55.2% $ 1,373,236
Excess of Revenues Over / (Under) Expenses $ 185,792
Page 6 of 6
Florida State Treasury- Special Purpose Investment Account (SPIA) & FL SAFE
As of August 31,2022 the following funds were invested with the State of Florida Division of Treasury,with a rate of return 1.32%
Interest earned for the month: $ 14,072.67
General Fund
Restricted (by outside party)
Total Restricted $ -
Committed(Constrained by Council)
Expansion Recreation 44,372.68
Expansion Police 33,594.59
Capital Equipment Renewal&Replacement 759,928.22
Total Committed $ 837,895.49
Assigned-General Fund Emergency Reserve $ 1,495,349.01
Unassigned $ 719,527.26
Total General Fund SPIA Investments: $ 3,052,771.77
Florida Safe General Fund Emergency Reserve-0.06% (average monthly) 1,259,319.53
Florida Safe Combined-Note 2017-0.06% (average monthly) -
Florida Safe Note 2021 -0.06%(average monthly) 198,136.71
Florida Safe ARPA Reserve-0.06%(average monthly) 5,222,058.53
$ 6,679,514.77
Total General Fund Florida Safe Investments: $ 6,679,514.77
Total General Fund Investments: $ 9,732,286.54
Special Revenue Funds
Restricted (by outside party)
Police Education Fund 12,540.77
Aerial Fund 32,213.38
School Crossing Guard Fund -
Library Fund 166,383.85
Library Fund Restricted 185,249.35
Law Enforcement Trust Fund 1,794.60
Capital Expansion Funds:
Fire Rescue Capital Expansion -
General Government Capital Expansion
Total Restricted $ 398,181.95
Total Special Revenue Fund SPIA Investments: M $ 398,181.95
Enterprise Funds
Wastewater Fund:
Wastewater General-Unrestricted -
Wastewater Fund Renewal&Replacement 325,298.90
$ 325,298.90
Stormwater Fund:
Stormwater Fund-Unrestricted -
Stormwater Fund Renewal&Replacement 297,938.66
$ 297,938.66
Total Enterprise Fund SPIA Investments: $ 623,237.56
TOTAL SPIA & FLSAFE INVESTMENTS $ 10,753,706.05
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • OCTOBER 18, 2022
AGENDA ITEM SUMMARY • ITEM # 13
Subject: Consideration and adoption of the updated Vision Statement to include Council Member
and community feedback revisions.
Item is presented for informational purposes only and no action will be taken.
Department: Parks, Recreation and Community Affairs
Summary: At the October 18, 2022 Regular Meeting, the Council
as needed and then formally adopt the Vision Statement.
Due to the onboarding of multiple new Staff members and
priorities, the final community outreach component as requested
completed in a thorough and effective manner. However, a Community
underway online via Survey Monkey, with hard copies available
concludes on November 1, 2022, results will be forthcoming.
This item will be presented to the Council at its November 15,
Submitting Department Director: Molly Thomas Date:
was scheduled to review, amend
other mission -critical department
by Council, was not timely
Feedback survey is currently
at City facilities. The survey
2022 Regular Meeting.
Attachments: None
Financial Impact: Staff time and effort to complete this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date:
The City Manager recommends the City Council take the following action: Item is presented
for informational purposes only and no action will be taken.
Approved by City Manager: Todd Morley Date: