HomeMy WebLinkAboutPacket 08-02-2010 RegularF111", C16tv it' Caa,,e Canay-er-A
CITY COUNCIL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
Mond
August 2, 2010
7:00 PM
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City Attorney
7:10p.m. — 7:25p.m.
Comments to be heard on items that do not appear on the agenda of this meeting
Citizens will limit their comments to five (5): minutes. The, City Council will n
take any action I
under the "Audience to Be Heard" section of the agenda. The
Council may schedule such items as regular agenda items and act upon them i
the future.
Approve Minutes for Regular City Council Meetings of April 20, 2.010 and
J ;
uly 20, 2010.
2. Approve ChangIe Order No. 2 from Brewer Paving & Development, Inc. f]
the Ridgewood Avenue Improvements Project in the amount of
$52,649.36.
3. Approve the use of $5,971.92 in reserve funds to purchase materials for
the rebuildling of the Madison Avenue Beach Crossover in FY2009-201 0.
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105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone- (321.) 868-1220 Fax: (321) 868-1248
www.citryofcapecanaveral.org - ernail: ccapecanaveral@cfl.rr.com
City ofCape Canaveral, Florida
August Z2V10
Page 2 of 2
from Shorewood Drive to Port Canaveral in the amount of $20,590.00 to
Atlantic Development of Cocoa, Inc.
5, Motion to Approve� Ordinance, No.08-201 0, Adopting Amendments to the
Cape Canaveral Comprehensive Plan Based on the Evaluation and
Appraisal Report (TAR"); Providing for the Repeal; of Inconsistent
Ordinances and Resolutions, Incorporation in the Comprehensive Plan;
Legal Status of the Comiprehensive Plan Amendments, Severability, and
an Effective Date, at First Reading.
6Motion to Approve� Ordinance No. 09-2010, Providing for a referendum
election and ballot language for the November 2, 2010 General Election
Election scheduled thereafter-, providing for referendum questions,
proposing the adoption of a new, updated City Charter; and proposing
amendments to Articles Ill, and XIV revising charter sections regarding
Mayor and Council Memiber term, limits and contracting for Fire Protectio
Services; providing for a notice of City of Cape Canaveral Charter
Referendum questions; providing for coordination with the Supervisor of
Elections; providing for severability, and an effective date. I
7. B,inding Development Agreement for 6419 N. Atlantic Avenue, owned by
Banana, River LP,
Pursuant toSection 286.O105^Florida Statutes, the City hereby advises the pubfic that: Kaperson
decides toappeal any decision made bvthe City Council with respect toany 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 istobebased. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irreyevant evidence, nor does it auithorize challenges or appeals not otherwise allowed bylaw.
Persons with disabilities needing assistance to participate in any of these proceedings should contact
the City Clerk's office (888-1221)40hours inadvance mfthe meeting.
J_
CITY COUNCIL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue
TUESDAY
April 20, 2010
7:00 PM
CALL TO ORDER: The Chair called the Meeting to Order at 7:03 P.M.
ROLL CALL:
Council Members Present:
Council Member
Bob Hogg,..
Mayor Pro Tem
Buzz Petsos.,
Mayor
__ Rocky Randels,
Council Member
Shannon Roberts,
Council Member
'.,,'Betty Walsh
Others Present:
,
Acting City Manager,,,",;`
Angela Apperson
Acting City Clerk;`.
Mia Goforth
City Treasurer
Andrea.Bowers
City Attorney _
� Anthony Garganese
Assistant Public,Works,.Director ,
Jeff Ratliff
Parks &Recreation Director '
Robert Lefever
Building Official
"' Todd Morley
Planning&'Development Director
Barry Brown
Sheriff's Department Commander `
Alan Moros
PRESENTATIONS:
Brevard County Sheriffs Office — Recognition of Deputy of the Month and Sergeant
Joanna Seigel
Canaveral Precinct Commander Alan Moros recognized five (5) Deputies of the Month.
He read the incident report detailing how Sergeant Kelly Simpkins, Corporal Mike
Mazzone and Deputies Robert Aoun, Jason Holmes, and Kelly McCarty handled a
trailer park fire located at 8817 North Atlantic Avenue; Commander Moros also
presented a Certificate of Appreciation from the City of Cape Canaveral to Sergeant
Joanna Seigel for her service to the City.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 20, 2010
Page 2 of 7
REPORTS -
Community Development Department
Building Official Todd Morley reported the owner of Izzy's Bistro approached the City to
make payments on Sewer Impact Fees. He explained this would require a resolution of
the Council and he will bring the proposal forward at a future City Council Meeting. Mr.
Morley updated the Council on the property located at 8740 Croton Court, stating the
attorney representing the property owner is in the process of preparing to file an
emergency injunction against Chase Mortgage to fix the roof.. --'Mr. <Morley informed the
Council how the new Outdoor Entertainment Ordinance 'is working out very well.
However, groups who represent events such as the American Legion Cancer Walk and
the Walk for Bibles do not feel as if they qualify under this ordinance. Mr. Morley
recommended exemption for future events such.. as these. Council reached
consensus to view such events, by policy, as exempt from, the Outdoor
Entertainment Ordinance permit fees.
Planning and Development Director Barry Brownreported.the the East Central Florida
Regional Planning Council (ECFRPC), the group that led the City Visioning last year,
released a draft of the 2060 Strategic„ Regional Policy Plan. The hope is this plan will
guide land use developments in the. sixty-eight (68) local governments in the six (6)
county region. Mr. Brown informed that'the., ECFRPC' will be holding workshops
throughout the region to present the.`plan: -,The workshop for Brevard County is
scheduled for Tuesday, April 27, 2010 at;3 p,m:' Mayor Randels stated he would try to
get copies of the Executive Summary from this workshop for Staff.
Acting City Manager,
Acting City Manager Angela Apperson updated%fhe Council on the status of the City
computer upgrade and stated the project is on,time but approaching the point where the
City could .run_ over budget; City Hall and -the Community Development Department are
up and,running with minor technical issues; everything is going well and staff is pleased.
Discussion ensued and 'included how much the Tower installation portion is over
bud"get;,the ,need for more robust wind loads and the possible use of impact fees.
Business and'Cultural Development Board
Chairperson .Joanne Muncey thanked Council for their redirection at the strategic
planning workshopand- tated the B&CDB is willing to work with Council on possible re-
alignments of the Advisory Boards; Ms. Muncey reported the B&CDB recognized Board
Recording SecretaryXim McIntire at their last meeting.
City Historian
Mr. Ray Osborne reported he met with the Advisory Boards to proceed in the direction
of building the historical markers and the next step is to price them out and find funding.
Discussion ensued regarding Historical Preservation and the City's Strategic Planning
going forward; researching federal, state and local grants, sponsorship and keeping
costs low; presenting the City as a museum with bike trails and native species of plants.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 20, 2010
Page 3 of 7
Mr. Osborne shared the Oak Lane Log Cabin history and the property owner's possible
interest in donating the cabin to the City under certain circumstances. Consensus was
reached to support the possible acquisition of the Log Cabin located on Oak Lane
and to provide the City Historian with Staff support for research if needed.
CONSENT AGENDA:
1. Approve Alcohol Exemption Permit for family reception on. May 15, 2010 from
1:00 p.m. — 6:00 p.m. at Manatee Sanctuary Park.
2. Approve Alcohol Exemption Permit for the City of Cape Canaveral Friday Fest
Street Party on May 7, 2010, waiving any and all fees.
3. Approve Award Bid for Racquetball Court Lighting, Project to Florida. Co -Op in the
amount of $8,144.50.
4. Approve Letters requesting support for the Kennedy -Space Center 2011 Budget.
5. Approve Fee Waiver for Outdoor Entertainment Event for American Legion
Cancer Walk on June 6, 2010:
Ms. Roberts requested withdrawal of item number, four. Ms" Apperson explained the
need to re -work the draft letter and confirmed it -would be ready for the Mayor to take to
Washington, DC in May, A motion was made by Ms: Roberts and seconded by Mr.
Hoog to approve Consenf Agenda Item` Numbers `one, two, three and five. The
motion carried 5,-O..with votinrg as follows 'Mr. Hoog, For; Mayor Pro Tem Petsos,
For; Mayor Randels, For; Ms Roberts, For and Ms. Walsh, For.
ORDINANCE:' Second Public>Hearing
6. Motion to Adopt -.Ordinance No,:05-2010, Amending Chapter 110, Zoning, of the
Code of Ord inances;`-Provid,ing
Ba Definition of "Child Care Facility"; Providing that
Child. 'Care Facilities May Be Permitted By Special Exception in the R-2 Medium
Density Residential `District Subject to Certain Conditions; Providing for the
Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the
Code; Severability and an Effective Date, at second reading.
The City Attorney read the title of Ordinance No. 05-2010. Discussion ensued and
included the plan, as explained by the Palms East Apartments property owner, to place
a child care facility in a space that is storage now; plan going forward to donate the
space to the operator; nominal overhead and ability to offer daycare at half the going
rate; child care before and after school and some Saturdays; overseeing the plan; and
fire codes. A motion was made by Mayor Pro Tem Petsos and seconded by Ms.
Roberts to approve Ordinance No. 05-2010, at second reading. The motion carried
City of Cape Canaveral, Florida
City Council Regular Meeting
April 20, 2010
Page 4 of 7
5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For; Ms. Roberts, For and Ms. Walsh, For.
CONSIDERATION/DISCUSSION:
7. Selection of the New City Manager.
Mayor Randels gave a brief summary of the process that led up to the selection of a
new city manager and stated the consulting firm of Colin Baenziger and Associates is
present tonight. After the Council's decision, contract approval is anticipated by May 4,
2010. A motion was made by Council Member Hoog and seconded for discussion by
Mayor Randels, to put Angela Apperson in as the City Manager. Discussion ensued
and included the accomplishments made by Acting -'City Manager. Apperson in the last
five months; possibly having Ms. Apperson serve, as a Deputy City Manager and be
mentored by the individual Council selects; ,as the new city manager; the City's
readiness for new techniques and practices -,,,,the need fora, city manager'with,economic
development and detailed financial backgrounds, the,,need t6jnterview Ms':-Apperson in
the same manner as the other candidates.
Ms. Apperson thanked Council for theirconfidence in her abilities. She explained how
she came to desire the position of City, Manager, her experience and accomplishments
in the past for the City of Flagler Beach, .and how she would conduct the job if she were
to become City Manager for the City of Cape Canaveral. City Attorney Garganese
advised Council to have 'th.e appropriate documentation; Council has discretion to hire
from within at any tirne'and��it �is appropriate, tell other candidates, professionally, that
Council has decided. to hire from within. More discussion ensued and included the need
for completion of criminal and'._civil background checks, updating of resume and
additional references needed;,from''Ms. Apperson and gathered by Colin Baenziger;
input from community members present./regarding pros and cons of adding Ms.
Apperson,as another candidate.t1ouncil reached consensus to withdraw the motion
on the table, postpone selection of the New City Manager, include Acting City
Manager ' Apperson as 'a candidate for City Manager, requiring the same
background, : check requirements and interviewing process, and schedule a
Special City;,Council Meeting on April 24, 2010 at 10 a.m. as a formal public
interview of Ms. Apperson.
8. Motion to Accept the Comprehensive Annual Financial Report (CAFR) for the Fiscal
Year 2008109:
Audit Manager Yvonne Clayborne and Audit Director Jill Reyes of the Certified Public
Accountants firm McGladry & Pullen presented the 2009 Certified Annual Financial
Report (CAFR). Discussion ensued and included the advice of the firm to the Council to
form an Investment Advisory Committee and the Charter Review Committee's
recommendation to form a Financial Oversight Committee; post employment benefits;
prior year recommendations that need approval; Action Tracking System. A motion
City of Cape Canaveral, Florida
City Council Regular Meeting
April 20, 2010
Page 5 of 7
was made by Ms. Roberts and seconded by Ms. Walsh to accept the 2009
Certified Annual Financial Report as presented. The motion carried 5-0 with
voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels,
For; Ms. Roberts, For and Ms. Walsh, For.
9. Motion to Approve Parking Meter Implementation at the City's Beach End
Streets.
City Treasurer Andrea Bowers gave a brief overview and presentation outlining Parking
Meters as a potential revenue stream for the City and what that would entail. Discussion
ensued and included issuance and cost of a decal for citizens of.the City; the majority of
beachgoers being from out of town; administrative time in the,firiance department; the
Sheriffs Office has offered their services; the choice of credit card meters; collections
for costs; a coin counter must be maintained in a secure: location; thie.,fiope that coinage
would be reduced due to the credit card option; a large number of'tickets go to car
rental companies and are never paid. Council reached consensus for Staff -to further
investigate Parking Meters.
10. Motion to Approve Awning Purchase for Youth Center.
Parks and Recreation Director Rober "LeFever explained this item was generated
through funds allocated by Sheriff Parker for the Canaveral Youth Center. He further
explained they tried to expand upon the idea by'creating more usable space and cover
the entire deck. Mr. LeFever confirmed the.birectors of the Police Athletic League (PAL)
are aware of the option being `presented to. have them fund half of the total cost of
$3,837.91. Commander Moros confirmed the structure would have to be hurricane
compliant. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem
Petsos to approve the purchase of an awning for the Canaveral Youth Center in
the amount'of„$1_,918.95, Option 2, and waiving of permit fees. The motion carried
5-0 with';voting as..follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For; Ms. Roberts, For and Ms. Walsh, For.
11. Motion to Review and Approve Final Transit Shelters/Transit Benches/Trash
Containers Design.
Assistant Public Works Director Jeff Ratliff reported he and Mayor Randels met with the
Florida Departmenf',of Transportation (FDOT) and will be meeting with Space Coast
Area Transit (SCAT) to finalize the project details. He informed Council that SCAT has
the funds for all city locations approved by Council last year. Discussion ensued and
included aluminum roofing will be used for the shelters; bench design to keep people
from sleeping on them; six locations for shelters; and the choice to go with smaller trash
cans with no city seal. A motion was made by Mayor Pro Tem Petsos and seconded
by Ms. Walsh to approve the Final Transit Shelter/Transit Benches/Trash
Containers Design. The motion carried 5-0 with voting as follows: Mr. Hoog, For;
City of Cape Canaveral, Florida
City Council Regular Meeting
April 20, 2010
Page 6 of 7
Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh,
For.
12. Motion to Approve:
(a) Termination of Contract Between the City of Cape Canaveral (City) and
Professional Diversified Services, Inc. (PDSI) for Mowing and Maintenance;
(b) A New Contract between the City of Cape Canaveral and Nick's Professional
Lawn Maintenance; and
(c) A New Public Bid for the City's mowing contract to take effect July 1, 2010.
Mr. Ratliff explained the serious problems the City is having with this contractor and
there is not enough staff or time to oversee that they carry outtheir,work. Ms. Apperson
affirmed the contractor had been put on notice and,clarified last year's bid package will
be used. Mr. Ratliff confirmed the new bid packg&is- ready to go. A,motion was made
by Mayor Pro Tem Petsos and seconded by", Ms. Walsh to approve. Termination of
Contract Between the City of Cape Canaveral ,(City) and Professional Diversified
Services, Inc. (PDSI) for Mowing and Maintenance;,,a New Contract between the City
of Cape Canaveral and Nick's Professional Lawn Maintenance; and a New Public
Bid for the City's mowing contract: to take effect July,1'12010. The motion carried 5-
0 with voting as follows: Mr. Hoog For; Mayor Pro `Tem Petsos, For; Mayor
Randels, For; Ms. Roberts, For and Ms.1N,alsh, For.
13. Review and Approve Change in Solid Waste-Pick,Up- Schedule — Waste Pro
USA, Contractor.
Mr. Ted Oglesby aci
City of Cape Canaveral, Florida
City Council Regular Meeting
April 20, 2010
Page 7 of 7
Building Official Todd Morley explained this item comes to the Council as a Code
Enforcement Board recommendation from their meeting in January 2010 and updated
everyone on what has happened since then regarding foreclosure proceedings initiated
on the property. City Attorney Garganese informed the Council this property is now
subject to bankruptcy proceedings and action could not be taken in his opinion.
Discussion ensued and included the pros and cons of accumulation of fines for the
$250/day retroactive lien and the demolition of the structure on the property; the
property owner has obtained demolition perm "its. Property .. owner, John Porter,
explained what has happened to the property and his plans for the future. A motion
was made by Mayor Randels and seconded by Mr. Hoog to extend the meeting an
extra 15 minutes. The motion carried 5-0 with voting as follows: Mr. Hoog, For;
Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, Absent and Ms.
Walsh, For. More discussion continued regarding the history of the situation regarding
this property. Attorney Garganese advised the item is moot unless .'the Council takes
action in bankruptcy court to demolish the property pursuant to the "order. He stated
Council may want to let Mr. Porter see if he can, proceed to,accomplish the same action
in court and if an unreasonable amount of time goes""by<and'the Council could consider
intervening at that point, seeking to enforce the Code .:Enforcement Board Order. He
further explained that as long as Mr. Porter is in bankruptcy court and there is an
automatic stay, the City cannot proceed"against the property, noting there are Federal
penalties for intentionally violating automatic stays. He further -emphasized he will not
advise Council to intentionally violate the stay:"Attorney Garganese clarified the purpose
of an automatic stay as acting as a shield against creditors and government agencies
seeking to enforce orders in Chapter 11 bankruptcy proceedings. Mr. Morley stated he
would inform the Code'Enforcement Board .of tonight's meeting and will keep the City
Council informed of.any changes as he hears them. Council reached consensus to
remove the itemfrom;opight's'.agenda.
ADJOURNMENT.
There being no further°business;=the-Meeting adjourned at 10:41 P.M.
Mia Goforth, Acting City Clerk
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 20, 2010
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Council Member
Bob Hoog
Mayor Pro Tem
Buzz Petsos
Mayor
Rocky Randels
Council Member
Shannon Roberts
Council Member
Betty Walsh
Others Present:
City Manager
David L. Greene
Assistant City Attorney
Kate Latorre
Recreation Director
Robert Lefever
Public Works Director
Walter Bandish
Assistant Public Works Director
Jeff Ratliff
Building Official
Todd Morley
City Treasurer
Andrea Bowers
Brevard County Sheriff Cmdr.
Alan Moros
Assistant Fire Chief
John Cunningham
City Clerk
Angela Apperson
PRESENTATION:
Brevard Countv Historical Commission — Historical Landmark Proaram as r)resented by
Commission Chairman Joe „Morgan: Mr. Morgan explained his history in the area. He
noted there are twelve members of the Brevard County Historical Commission
appointees and presented the City with three volumes of the History of Brevard County.
Mr. Morgan made reference to the documents he presented, which included the Historic
Brevard Landmark Guide and the Journal of the Brevard County Historical Commission.
Mr. Morgan noted the closing of the Historical Commission Office and urged Council
Members to contact the County Commission and request funding for the continued
operation of the facility. Mr. Ray Osborne noted the Tourist Development Council's
City of Cape Canaveral, Florida
City Council Regular Meeting
July 20, 2010
Page 2 of 6
operation of the facility. Mr. Ray Osborne noted the Tourist Development Council's
contribution to the marker program. Ms. Dianne Marcum asked what will happen to the
artifacts that are owned by the Historical Commission, to which Mr. Morgan indicated
they will be boxed and maintained. Mayor Randels indicated he will continue to do what
he can do to find a new home for the artifacts.
Brevard County Sheriffs _Office — Deputy of the Month for May and June 2010:
Commander Moros presented Deputy Alex Sorkin with a plaque of appreciation as May's
Deputy of the Month. He Presented Deputy Kristen Fettes with a plaque of appreciation
as June's Deputy of the Month.
REPORTS:
City Historian Ray Osbornerelated to the Historical Preservation of the Log Cabin located
at 122 Oak Lane: Mr. Osborne explained how he located the historical properties within
Cape Canaveral. He reviewed the specifics of the log cabin located at 122 Oak Lane;
the costs to move the cabin either to a location in Cape Canaveral or a location in
Titusville; a possibility of executing a lease/purchase with the property owner.
Discussion ensued. A consensus was reached to have a future agenda item for
discussion and Mr. Osborne is to. give recommendation on sites, the cost for
purchase of the existing property with cabin; the square footage, arranging a time
when Council Members could look inside and information on Historical
Preservation Grants. Mr. Osborne noted some sections of the comprehensive plan
outlining historical preservation. Mr. Joe Morgan indicated the State does have some
limited funding.
Business &Cultural Development Board Report: Ms. Joann Muncey, Board Chair,
noted the success of the Meet and Greet for the Business Owner's that was held
Monday July 19, 2010.
City Attorney: Assistant City Attorney Kate Latorre requested an Attorney Client
session for the Royal Mansions Litigation. Discussion ensued regarding a date for the
session. Discussion ensued and included the need to move the meetings previously
scheduled for August 3rd due to the National Night Out and the need for advertisement
of the EAR based amendment ordinance. A motion was made by Mr. Petsos and
seconded by Ms. Roberts, to move the council meetings, both workshop and
regular meetings to August 2"d. The motion carried 5-0 with voting as follows: Mr.
Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and
Ms. Walsh, For. A consensus was reached to have the Attorney Client Session at
4:30 p.m. on August 2, 2010.
AUDIENCE TO BE HEARD:
• Mr. Mike Anderson expressed his understanding of events surrounding beach
vending sales by Mr. Patty. He urged the City to continue to allow the sales within
City of Cape Canaveral, Florida
City Council Regular Meeting
July 20, 2010
Page 3of6
the City Limits. Discussion ensued. Assistant City Attorney Latorre indicated the
City Attorney's Office stands behind the prior opinion and indicated a supplemental
opinion will be forthcoming on the subject. Mrs. Rhonda Anderson was granted an
opportunity to give input on the subject. Mr. Robert Grumieaux, Mr. Doug Gray and
Mr. Patty also submitted Speaker Recognition Slips. A consensus was reached to
have an agenda item at a future meeting to further discuss this subject.
• John Anderson noted activities in Corpus Christi, Texas where historical structures
have been moved to a central location and are used by civic organizations to
operate their activities. He further explained that the civic organizations maintain a
historical area in each structure for the general public to view as well as provide for
general maintenance of the facilities.
• Ms. Joyce Hamilton expressed that City Businesses who attended the Meet and
Greet, left with an impression the event was a general Chamber of Commerce
event. She felt the businesses needed to. know the event last evening was a local
focus program for Cape Canaveral.
CONSENT AGENDA:
Mayor Randels noted item number three will be removed from the agenda; an item will be
added regarding the National Night Out and inquired if any items are to be removed from
the Consent Agenda. for discussion. Council Member Hoog asked for items four and five
to be pulled from the Consent Agenda for discussion. Council Member Walsh asked for
item one to be pulled for a correction. Council Member Roberts asked for item six to be
pulled for discussion.
1. Approve Minutes for City Council. Meeting of April 6, 2010.
2. Award Bid No. 2010-03, Renovation of the Canaveral Precinct, to Trade Wind
Builders in the amount of $142,000.00 and authorize the City Manager to
execute the contract for same; waive the Building Permit Fees; approve
$83,350.00 for materials, which includes the window option, to be purchased by
the City and contingency; approve the lease agreement for temporary office
space at 110 Polk Ave., Units 1, 6 & 7 and authorize the City Manager to execute
the contract for same, with rent and utilities being estimated at $13,575.00.
Approve transfer from reserve in the amount of $238,950.00.
3. Approve the selection of James Moore & Co. P.L. as Independent Auditor and
authorize execution of the Engagement Letter.
4. Approve Change Order No. 2 from Brewer Paving & Development, Inc. for the
Ridgewood Avenue Improvements Project in the amount of $52,649.36.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 20, 2010
Page 4 of 6
5. Transit Shelters/Benches Project — Approve surveying of transit stops along
State Road A1A to Stottler Stagg & Associates (SSA) in the amount of
$6,325.00.
6. Transit Shelters/Benches Project — Approve construction of concrete pads and
installation of transit she Iters/be nchesltrash cans to Atlantic Development of
Cocoa Inc. in the amount of $69,500.00.
7. Approve the use of $1975.00 in contingency funds for painting the interior of four
(4) racquetball courts.
8. Appoint David Greene as the Technical Advisory Committee (TAC) Member to
the Space Coast Transportation Planning Organization (SCTPO), representing
the City of Cape Canaveral
9. Approve Fee Waiver for the City of Cape Canaveral National Night Out on
August 3, 2010. (This item was added to the agenda at the meeting)
A motion was made by Mr. Petsos and seconded by Mr. Hoog, to approve the
remaining four items. The motion carried 5-0 with voting as follows: Mr. Hoog,
For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms.
Walsh, For.
#1. Council Member Walsh noted the need for a correction on page six. Innovation
Concepts should be Innovation HR. A motion was made by Ms. Walsh and
seconded by Ms. Roberts, to approve, item number one (1), on the Consent
Agenda with the correction on page six. The motion carried 5-0 with voting as
follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
#4. Council Member Hoog raised objection to the additional payments. He felt many
of these items should have been caught prior to construction. Discussion ensued. A
consensus was reached for item number four to be re -worked by staff and
presented at another meeting.
#5. Council Member Hoog expressed his concerns over past projects running over
budget and questioned whether a future change order would be needed for this project.
Assistant Public Works Director Jeff Ratliff indicated there would not be a change order,
as the surveyor has been to each location prior to making the proposal. Discussion
ensued as to the scope of work, the need to include master project planning to show
how this piece fits into the entire project; that SCAT will have an additional walk through
tomorrow; that the City knows where the right of way is on the City Streets and a survey
isn't needed; that the project will be completed in September 2010.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 20, 2010
Page 5 of 6
A motion was made by Mr. Petsos and seconded by Ms. Walsh, for approval of
Consent Agenda item number five (5). The motion carried 5-0 with voting as
follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
#6. Jeff Ratliff responded to questions. The discussion included the need to ensure
additional money is not needed for detectable warning surfaces or additional concrete;
and the need for complete project planning. A motion was made by Mr. Randels and
seconded by Mr. Petsos, for approval of Consent Agenda item six (6) as
presented. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor
Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For.
REPORTS:
10. Council:
Council Member How
• Mr. Hoag inquired regarding the paperwork for the demolition of the structure at
6395 N. Atlantic Avenue. Assistant City Attorney Latorre indicated the required
contacts with the other attorneys involved have been completed and the documents
should be filed this week.
Mayor Pro Tem Petsos
• Mr. Petsos noted that parking in the right-of-way along Ridgewood 'Avenue still
needs to be addressed. Ms. Latorre indicated she is working on the ordinance.
Council Members Petsos and Hoog requested the ordinance contain a requirement
for pedestrians and bicyclists to use the multi -use path rather than be in the
roadway.
• Mr. Petsos acknowledged the work being done to obtain cost estimates for a
sidewalk along North.Atlantic Avenue to the port. He requested the work be done on
an assessment basis, so the property owner will pay for the improvements.
• Mr. Petsos expressed his concerns related to garbage carts that are staying at the
side of the road rather than being moved back to the house and out of sight.
Council Member Roberts
• Ms. Roberts indicated she has contacted Port Commissioner Mac McLouth and
Rosalind Harvey, Communications Director to see when they could speak at a
meeting.
• Ms. Roberts asked if there has been additional Visioning Implementation Planning.
Mr. Greene requested Council grant him time to get his arms around all projects that
have been around for a long time and have not been completed, as well as to have a
period of introspection before the City moves forward with additional items. Ms.
Roberts asked that focus be placed on minutes from the most recent Regular
Council Meeting and tracking action items from the Council Meetings.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 20, 2010
Page 6 of 6
Council Member Walsh
• Ms. Walsh asked when the Council will receive a report from Brevard Cultural
Alliance on the Art of Sand. Ms. Apperson indicated Director Shellie Williams
resigned and Ms. McIntire is working with BCA for a presentation at the Business
and Cultural Development Board meeting. The Board will then give the City Council
an update.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 9:01 P.M.
Rocky Randels, MAYOR
Angela M. Apperson, CMC, City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/02/2010
Item No. 9-1
Subject:
Approve Change Order No. 2 from Brewer Paving & Development, Inc. (Brewer)
for the Ridgewood Avenue Improvements Project in the Amount of $ 52,649.36.
Department: Public Works
Summary: The City of Cape Canaveral (City) continues to move forward with the
Ridgewood Avenue Improvements Project. The contractor (Brewer Paving and
Development, Inc.) has requested a change order (No. 2) to the project budget.
Change Order No. 1 was previously approved by the City Council and was simply an
adjustment to Brewer's original bid (City requested change of scope). A summary of the
project budget is as follows: Table 1 shows a complete budget summary including
Change Order No. 2; Tables 2 and 3 show contract additions and credits (costs not
charged to the project since tasks were not completed). When added together, the
figures in Tables 2 and 3 tie back to the summary in Table 1. The contractor is
requesting an additional budget of $52,649.36 for the project. (Note: The actual
payment will include a 10% retainage deduction resulting in a payment amount of
$47,384.42.) However, due to contractor credits ($38,449.85), the net project budget
impact from Change Order No. 2 is only $14,199.51. This is the first month of the
project when contract additions have exceeded contractor credits. City staff and staff of
Stottler Stagg & Associates, Inc. (SSA) have reviewed Change Order No. 2 and
recommend approval.
Requested Council Action: Approve Change Order No. 2 from Brewer for the
Ridgewood Avenue Improvements Project in the amount of $52,649.36.
Financial Impact: Change Order No. 2 increases the project budget to $1,808,990.92.
However, there are also $38,449.85 in contractor credits included in Change Order No.
2 which may not be billed to the project.
Attachments:
1). Attachment #1: Tables.
2). Project Schedule.
Submitting Department Head: Jeff Ratliff Date: 07/10/10
Approved by City Manager: David L. Greene Date: 7126110
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment
Budget Tables
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Table 2. Ridgewood
Project Tracking
Total Credit
$
17,348.80
Credits To Contract
Sailfish Concrete
Survey & Layout
-1 LS
$
75.00
$
(75.00)
MOT
-1 LS
$
25.00
$
(25.00)
Remove Concrete
-67 SY
$
5.00
$
(335.00)
Remove Valley Gutter
-16 SY
$
5.00
$
(80.00)
New Conrete Turnout - 6"
-67 1 SY
$
28.00
$
(1,876.00)
Subtotal
$
(2,391.00)
Stabilized Subgrade
12" Stabilized Subgrade
-9813 SY
$
4.00
$
(39,252.00)
8" Stabilized Subgrade
9813 SY
$
3.38
$
33,167.94
Subtotal
$
(6,084.06)
Sidewalk at East Side of Road
Rework Existing 4" Base Course
-800 SY
$
3.50
$
(2,800.00)
Install 2" Additional Base Rock
-800 SY
$
4.50
$
(3,600.00)
Subtotal
$
(6,400.00)
Existing Inlet
Replace Inlet Top
-1 JEAJ
$
975.00
1 $
(975.00)
Subtotal
$
(975.00)
Total Credits To -Date
$
(15,850.06)
Additions To Contract
Additional Work at Driveways
Removal of Existing Concrete
96 SY
$
5.00
$
480.00
6" Concrete for Driveways
96 SY
$
28.00
$
2,688.00
Subtotal
$
3,168.00
Additional Curb @ Chandler
Miami Curb 1
331 LF
$
8.50
$
280.50
Subtotal
$
280.50
Raise Existing Inlet Tops
Raise Inlets not shown 1
2 EA
$
350.00 1
$
700.00
Subtotall
$
700.00
Sidewalk at East Side of Road
Grading for New Sidewalk 1
800 1 SY
$
2.75
$
2,200.00
Install Fill Dirt for Grading (2" - 4") 1
800 1 SY
$
4.00
$
3,200.00
Subtotal
$
5,400.00
Full Depth Base Rock
Full Depth Road where Reuse is too Shallow (10" Thick)
400 LF
444 SY
$
13.00
$
5,772.00
Credit for 6" Base & 8" Stabilized Subgrade
-444 SY
$
12.38
$
(5,496.72)
Subtotal
$
275.28
Pedway Tie -In @ Sailfish - Was Out of Tolerance
Removal of Existing Concrete
20 1 SY
$
5.00
$
100.00
8" Stabilized Subgrade
20 SY
$
3.38
$
67.60
6" Base Course
20 SY
$
9.00
$
180.00
Asphalt
1.7 TN
$
90.00
$
153.00
Subtotal
Is
500.60
530 Adams Ave - Yard Drain
Install Yard Drain & Assoicate Piping 1 1 LS
$ 750.00
$
750.00
Subtotall
1 $
750.00
NW Corner of Madison & Ridgewood
Install New Driveway Apron 20 1 SY
$ 28.00
$
560.00
Subtotal
$
560.00
Additional Asphalt @ Canveral Sands
Additional Asphalt @ Canveral Sands 1 4 ITNI
$ 90.00
$
360.00
Subtotall
1 $
360.00
Exfiltration Trench - Plan Change Increase
Exfiltration Pipe (20 LF x 17 Separate Systems) - 8" -340 LF
$ 45.00
$
(15,300.00)
Exfiltration Pipe (20 LF x 17 Separate Systems) - 12" 340 LF
$ 65.00
$
22,100.00
Subtotal
$
6,800.00
Additional Sidewalk @Adarns & Ridgewood Needed for Transition
Remove Extra Sidewalk - Tx 4' 3 ISY
$ 5.00
$
15.00
Install Extra Sidewalk - Tx 4' 3 1 SY
$ 23.50
$
70.50
Subtotal
$
85.50
Additional Yard Drains
Install Yard Drains & Piping 3 1 EA
$ 750.00
1 $
2,250.00
Subtotall
1 $
2,250.00
Additional Asphalt @Flores Del Mar Drive
Removal of Existing Driveway 16 1 SY
$ 5.00
$
80.00
8" Stabilized Subgrade 16 SY
$ 3.38
$
54.08
6" Base Course 16 SY
$ 9.00
$
144.00
Asphalt 1.4 TN 1
$ 90.00
$
126.00
Subtotall
I $
404.08
Install New Driveway Aprons
Install New Driveway Apron (20 SY @ $28.001 SY) 3 1 EA
$ 560.00
1 $
1,680.00
Subtotall
$
1,680.00
Request for Additional Survey Work per SSA
Additional Survey Work Needed 1 1 LS 1
$ 6,814.50
$
6,814.50
Subtotal
$
6,814.50
Shift Pedway for Light Pole Bases - 4 Locations
Additional Base Rock 80 1 SY
$ 9.00
$
720.00
Additional Stabilization 80 SY
$ 3.38
$
270.40
Asphalt at first location 2 TN
$ 90.00
$
180.00
Additional Labor & Equipment for Production Loss 4 EA
$ 500.00
$
2,000.00
Landscape & Irrigation - TBD - Not Sure Cost 1 LS
$ -
$
-
Subtotal
$
3,170.40
Total Additions To -Date
$
33,198.86
Additions Minus 10% Retainage
$
3,319.89
Amount of This Payment'***
$
29,878.97
Net Budget Impact
$
17,348.80
Table 3. Ridgewood Avenue - Landscape & Irrigation Credits
CREDITS TO CONTRACT
ITEM QUANTITY
CST.
EACH
TOTAL
2" CHASE PIPE IN FT.
-30
$
1.35
$
(40.50)
3" CHASE PIPE IN FT.
-208
$
2.00
$
(416.00)
4" CHASE PIPE IN FT.
-146
$
2.20
$
(321.20)
6" CHASE PIPE IN FT.
-55
$
3.25
$
(178.75)
12" POP UP HEADS
-63
$
24.60
$
(1,549.80)
VALVES 1.5"
-6
$
190.00
$
(1,140.00)
CONNECTION TO RECLAIMED WATER
-1
$
110.00
$
(110.00)
WIRE
-1
$
52.50
$
(52.50)
MAIN LINE 2" PIPE
-615
$
1.00
$
(615.00)
TRANSPLANTED PALM S
-32
$
110.00
$
(3,520.00)
TRANSPLANTED QUEEN PALM
-1
$
290.00
$
(290.00)
Total Credits 3-25-10
$
(8,233.75)
Credit for Sod Changes - 4-25-10
-1
$
2,802.62
$
(2,802.62)
Credit for Irrigation Not Used In Phase 1 & 2 - 5-25-10
-1
$11,563.42
$(11,563.42)
Total Credits 5-25-10
$(11,563.42)
Total Credits To -Date
$(22,599.79)
ADDITIONS TO CONTRACT
LABOR AND MATERIALS TO REPAIR AND INSTALL
NEW IRRIGATION FROM CHERI DOWN TO CENTRAL,
ON RIDGEWOOD; 90% COMPLETE. WHOLE EAST -
SIDE ON IRRIGATION WILL BE SODDED WITH
FLORATAM ST. AUGUSTINE SOD.
1
$
5,545.50
$
5,545.50
Universal Bill
1
$
400.00
$
400.00
Total Additions - 3-25-10
$
5,945.50
Irrigation Repairs for Islands on East Side - 4-25-10
1
$
525.00
$
525.00
Grading for Steep Yard Tansitions
1
$
500.00
$
500.00
Additional Irrigation for Sands, Medians, Cheri Down to
Chandler, to Washingon on West side
1
$
7,413.00
$
7,413.00
Total Additions - 5-25-10
$
7,913.00
irrigation Cheri Down - Madison - 6-25-10
1
$
5,067.00
$
5,067.00
Total Additions To -Date
$19,450.50
Additions Minus 10% Retainge
$
1,945.05
"Amount of This Payment"
$17,505.45
Net Budget Impact
$ (3,149.29)
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: August 2, 2010
Item No. 3
Subject:
Approve the use of $5,971.92 in reserve funds to purchase materials for the
rebuilding of the Madison Avenue Beach Crossover in FY2009-2010.
Department: Public Works
Summary: The City of Cape Canaveral (City) budgeted $30,000 for the rebuilding of
two beach crossovers (Fillmore and Taylor Avenues) in FY2009-2010. When originally
budgeted, it was anticipated that a contractor (Mudrak Construction and Engineering)
would perform the work. However, with the hiring of a new Street Department
employee with excellent carpentry skills, the work at Fillmore Avenue and Taylor
Avenue was performed in-house resulting in significant cost savings. Costs to date in
FY2009-2010 are as follows:
• Fillmore Avenue: $8,246.93.
• Taylor Avenue: $8,713.11. ($159.90 not yet approved for additional repairs.)
$12,880.06 remains in account number 001-007-541-630000. Since all Capital
Purchases were funded from reserves, the City Treasurer advises the remaining dollars
are not eligible for use on any maintenance items. Public Works is recommending the
use of reserve funds for work at Madison Avenue in FY2009-2010 at a cost of
$5,971.92. The Canaveral Sands beach structure was the next scheduled crossover;
however, it is much larger than the other beach crossovers and will require more funds
to rebuild. The Canaveral Sands repairs will remain as originally scheduled in FY2010-
2011. A comprehensive beach crossover maintenance plan is attached. The rebuilding
schedule is shown on the bottom of the second page.
Requested Council Action: Approve Funds ($5,971.92) to Purchase Additional Materials for
the Rebuilding of the Madison Avenue Beach Crossover in FY2009-2010.
Financial Impact: Funds ($12,880.06) remain available in Account Number 001-007-541-
630000 (Street Department) for repairing beach crossovers in FY2009-2010. As of this date,
only $5,971.92 of this remaining budget will be used for the Madison Avenue crossover work.
Attachments: Supporting Documents Reviewed
1). Purchase Card Requisitions (2).
2). Beach Crossover Maintenance Plan.
Submitting Department Head: Walter Bandish Date: 07/19/10
Approved by City Manager: David L. Greene 10-P" Date: 7126110
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
Purchase Card Requisitions
City of Cape Canaveral Control
Purchase Card Requisition Number
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Amount
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Payment Date:
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Issuing Bank: Bank of America
Journal Entry #
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Phoenix, AZ 85072-3101
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PA`1MtNT SUMMARY`
Statement Date:
Notes:
Tax Exemption Number: 85-80127396540-0
Payment Date:
Recorded By:
Issuing Bank: Bank of America
Journal Entry #
P.O. Box 53101
PO #
Phoenix, AZ 85072-3101
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06/21/10
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Tax Exemption Number: 85.8012739654C-0
Issuing Bank: Bank of America
P.O. Box 53101
Phoenix, AZ 85072-3101
Requested
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Attachment 2
Beach Crossover Maintenance Plan
Beach Crossover Maintenance Plan
Inspection of the beach crossovers by City staff has resulted in the following work plan to
correct deficiencies.
SummarE of Beach Crossover Inspection Results
• Johnson Avenue: Constructed with Trex — overall good condition — MINOR
REPAIRS COMPLETED 02/09.
• Lincoln Avenue: Wood in fairly good condition with some splintering - entire
crossover is screwed not nailed - no rusted bolts or loose boards — MINOR
REPAIRS COMPLETED 02/09.
• Buchanan Avenue: Constructed with Trex — overall good condition — MINOR
REPAIRS COMPLETED 02/09.
• Pierce Avenue: Constructed with Timbrex — overall good condition — MINOR
REPAIRS COMPLETED 02/09.
• Fillmore Avenue: Rusted bolts on stringers (one stringer missing) - rotted 4" x 4"
posts - popping nails on walk boards - splintering wood - structural repairs were
recently needed to keep one section "safe" — REBUILD COMPLETED 04/10.
• Taylor Avenue: Rusted bolts and some rotted 4" x 4" posts — slightly better
condition than Fillmore Avenue crossover — REBUILD COMPLETED 06/10.
• Polk Avenue: Constructed with Trex -- overall good condition - at dune level, one
4" x 4" in need of replacement — MINOR REPAIRS COMPLETED 02/09.
• Tyler Avenue: Constructed with Trex — overall good condition - a few
deteriorated 4" x 4"s — MINOR REPAIRS COMPLETED 02/09.
• Harrison Avenue: Constructed with Trex — overall good condition except one 4"
x 4" in poor condition — MINOR REPAIRS COMPLETED 02/09.
• Jackson Avenue: Constructed with Trex — overall good condition — MINOR
REPAIRS COMPLETED 02/09.
• Monroe Avenue: Constructed with Trex — overall good condition — MINOR
REPAIRS COMPLETED 02/09.
• Madison Avenue: Some rusted bolts - bottom railing requires replacement —
MINOR REPAIRS COMPLETED 02/09.
• Jefferson Avenue: Wood in good condition - handrails may need replaced in near
future — MINOR REPAIRS COMPLETED 02/09.
• Adams Avenue: Constructed with Trex — overall good condition — MINOR
REPAIRS COMPLETED 02/09.
• Washington Avenue: Constructed with Trex — overall good condition -- MINOR
REPAIRS COMPLETED 02/09.
• Canaveral Sands: Splintering boards - nailed not screwed construction -
numerous loose boards -- 4" x 4" posts in good condition (above ground) - hand
rails and bottom rails splintering — overall poor condition — MINOR REPAIRS
COMPLETED 02/09.
• Harbor Heights: Some structural repairs have been performed - wood is
splintering - bolts rusted - generally poor condition — REPAIRS COMPLETED
02/09.
• Cape Caribe: Crossover mostly built on the dune - nailed not screwed
construction — warped and splintered boards as well as popping nails — MINOR
REPAIRS UNDERWAY.
Trex crossovers are in fairly good condition. No walk boards will need replacement
because of the nature of the recycled material. Some wooden bottom rails may need
replacement in the future. Deteriorated 4" x 4"s do not compromise structures at this
time, but should be cut and joined with a new top piece.
Specific Recommendations
Beach crossover rebuilding schedule as follows:
• Continue to monitor all crossovers for safety issues — perform annual assessment
of crossover conditions and prioritize work according to need.
• FY 2008/09: Walk board and hand rail replaced on Harbor Heights - reinforced
for structural integrity where needed.
• FY 2009/10: Rebuild Fillmore Avenue and Taylor Avenue crossovers -
COMPLETE.
• FY 2010/11: Rebuild Canaveral Sands and Madison Avenue crossovers.
• FY 2011/12: Rebuild Jefferson Avenue and Lincoln Avenue crossovers.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: August 2, 2010
Item No.
Subject:
Approve the use of reserve funds for construction of a sidewalk and stormwater
improvements along the eastern side of North Atlantic Avenue from Shorewood
Drive to Port Canaveral in the Amount of $20,590.00 to Atlantic Development of
Cocoa, Inc.
Department: Public Works
Summary: The City of Cape Canaveral (City) has discussed for a number of years the
construction of a sidewalk along the eastern side of North Atlantic Avenue from Shorewood
Drive to Port Canaveral — thus providing a tie-in to Port Canaveral's sidewalk system. This
project includes the construction of (1) 900 feet of concrete sidewalk (5' wide by 4" thick) and
(2) a stormwater swale between the sidewalk and the roadway (includes grading and new sod) by
Atlantic Development of Cocoa, Inc. (Atlantic). The project also includes handicap ramps to
meet the requirements of the Americans with Disabilities Act (ADA). The project will be
"piggy -backed" on Atlantic's continuing services contract with the City of Cocoa (Agreement
for Utilities General Construction Contractor).
Requested Council Action: Approve cost estimate for construction of a sidewalk and
stormwater improvements along the eastern side of North Atlantic Avenue from Shorewood
Drive to Port Canaveral in the amount of $20,590.00 to Atlantic Development.
Financial Impact: Although this is a non -budgeted item, funds are available from the City's
Stormwater Utility (403-018-538-630000).
Attachments: Supporting Documents Reviewed
1). Attachment #1: Atlantic Cost Estimate.
2). Attachment #2: Agreement for Utilities General Construction Contractor — City of Cocoa.
Submitting Department Head: Walter Bandish Date: 07/12/10
Approved by City Manager: David L. Greene �9 ` Date: 7126/10
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
Cost Estimate
ATLANTIC DEVELOPMENT OF COCOA INC
2185 WEST KING STREET
COCOA, FL 32926
(321)639-8788 FAX (321)639-0936
June 24, 2010
City of Cape Canaveral
601 Thrum Blvd
Cape Canaveral, FL 32920
Attn: Jeff Ratliff
Re: North Atlantic Ave Sidewalk
ADC 10-179
Jeff,
We are pleased to provide you with a quote to furnish all labor,
equipment, materials and supervision for the above referenced project in
performing the following task:
Install 5' wide concrete sidewalk along the east side of North Atlantic Ave -
from Shorewood Dr, north to sidewalk tie-in at Port Canaveral, including ADA
ramps. Please refer to the attached schedule of values and exclusions.
If you have any questions, please contact our office at your earliest
convenience.
Respectfully,
Qi)n Moore
Atlantic Development of Cocoa, Inc.
JM:djt
City of Atlantic Development Origination Date:
Cape Canaveral of Cocoa, Inc. June 4, 2010
Horth Atlantic Ave Sidewalk ADC -179 6/24/2010
..tlo
MAINTENANCE OF TRAFFIC
LS
1
647.00
$ 647.00
IMPORT FILL
CY
2$
13.50
$ 378.00
5' WDE 4" THICK SIDEWALK
SF
4500
3.25
$ 14,625.00
GRADE FOR SIDEWALK
LS
1
1,920.00
$ 1,920.00
HANDICAP RAMPS
EA
2
250.00
$ 500.00
GRADE AND SOD BAHIA
SF
7200
0.35
$ 2,520.00
INCLUDES PERMIT FEE OF $30.00
$ 20,690.00
EXCLUSIONS
All items affected by the cost of petroleum products are subject to any future price escalations of said petroleum products.
(including, but not limited to, concrete curb, concrete sidewalk, asphalt, eic.)
Unless otherwise noted proposal does not include connection charges, fees, bonds, testing, permits, NPDES Monitoring, construction lay
out, as built drawing, relocation of any utility, rock excavation, de -mucking, concrete flat work, sod, seed, mulch or any unforeseen
obstructions or obstacles, or the replacement of any unsuitable materials. Earthwork prices are submitted based upon a[I on-site
excavated material being suitable for structural fill. Earthwork prices do not include removal and/or replacement of any organic or hardpan
materials underlying the retention area, building pads or roadways.
Unless a lump sum price is to be paid for the foregoing work, and is clearly so stated, it is understood and agreed that the quantities
referred to above the estimates only and that payment shall be made at the stated unit prices on the actual quantities of work performed by
the contractor as determined upon completion of the work and based on field measurements.
This proposal expires thirty (30) days from the date here of, but may be accepted at any later date at the sole option of Atlantic
Development of Cocoa, Inc.
Bids and proposals are not commitment to do a job. All jobs are subject to credit approval and funds availability. Atlantic Development
reserves the right to withdraw any bid provided.
Accepted by:
(Signature)
(Print)
WADC JOBMIDSl20I Olio -179 CITY OF CAPE CANAVERAL - N. ATLANTIC AVE SIDEWALnQuole-As
(Date)
Attachment #2
Agreement for Utilities General Construction
Contractor — City of Cocoa
November 18, 2009
Atlantic Development of Cocoa, Inc.
2185 West King Street
Cocoa FL 32926
Attention Glenn S. Grignon -- General Manager
Office of the City Clerk
Re: Agreement for Utilities General Construction Contractor
Dear Mr. Grignon:
Joan Clary MMC
65 Slone Street
Cocoa, ,Florida 32922
(321) 433-8488 —phone
(321) 433-8455 -facsimile
The Cocoa City Council, at its regular meeting of November 10, 2009, unanimously
approved the above referenced agreement. I have enclosed the agreement as executed by
the City of Cocoa. It is requested that you sign the agreement and return it to my
attention. I will date the agreement and provide you with a certified copy.
If you have any questions or require additional information, please feel free to call.
Sincerely,
Joan Clark, MMC
City Clerk
City of Cocoa
AGREEMENT FOR UTILITIES GENERAL CONSTRUCTION CONTRACTOR
THIS AGREEMENT is made and entered into this day of ,
2009, by and between the CITY OF COCOA, FLORIDA, a Florida Municipal Corporation,
hereinafter referred to as "City", located at 65 Stone Street, Cocoa 32922, and Atlantic
Development of Cocoa, Inc. 2185 West King Street, Cocoa, Florida 32926, hereinafter referred
to as "Utility Contractor".
WTI NESSETH:
WHEREAS, City wishes to obtain under ground utility services on a continuing basis;
and
WHEREAS, the City has followed the selection and negotiation process set forth in the
Florida's Consultants' Competitive. Negotiation Act, Section 287.055, Florida Statutes; and
WHEREAS, Utility Contractor participated in the selection and negotiation process; and
WHEREAS, Engineer is willing to provide such underground utility services to the City
under the terns and conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties covenant and agree as follows:
1.0 TERM AND DEFINITIONS
1.1 Unless sooner terminated by either Party pursuant to the terms and conditions
herein, this Agreement shall terminate on the third (3rd) anniversary of the Effective Date.
1.2 The terms and conditions of any Task Authorization, as described in Section 2
hereof, shall be as set forth in such Task Authorization. Any Task Authorization in effect at the
termination of this Agreement shall remain, in effect until completion of said Task Authorization,
and all of the terms and conditions of this Agreement shall survive until completion of all Task
Authorizations.
1.3 Defmitions. The following words and phrases used in this Agreement shall
have the following meaning ascribed to them unless the context clearly indicates otherwise:
a."Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to time, which shall constitute authorization for the Engineer
to provide the engineering services approved by Task Authorization by the City.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute this
Agreement, and it shall be the date on which this Agreement shall go into effect. The
Agreement shall not go into effect until said date.
c. "Utility Contractor" shall mean Atlantic Development of Cocoa Inc., and its
principals, employees, resident project representatives (and assistants).
d. "Public Record" shall have the meaning given in Section 119. 011(1), Flodrda
Statutes.
e. "Reimbursable Expenses" shall mean the actual expenses incurred by Utility
Contractor or Utility Contractor's independent professional associates and consultants which
are directly related to travel and subsistence at the rates, and under the requirements of,
Section 112.061, Florida Statutes, or any other actual expenses the City agrees to reimburse by
Task Authorization.
L "Work" or "Services" shall be used interchangeably and shall include the performance
of the work agreed to by the parties in a Task Authorization.
g. "Task Authorization" shall mean a written document approved by the parties pursuant
to the procedure outlined in paragraph 2.0 of this Agreement, and any amendments thereto
approved pursuant to the procedures outlined in paragraph 3.0 herein, which sets forth the
Work to be performed by Utility Contractor under this Agreement.
2.0 DESCRIMON OF SERVICES
2.1 The City shall make request of Utility Contractor to perform underground utility
services on a "task" basis. The City will communicate with Engineer, verbally or in writing, a
general description of the task to.be performed. The Utility Contractor will generate a detailed
Scope of Work document, prepare a Schedule, add a Not -to -Exceed -Budget or Dump Sum Fee
to accomplish the task, and send the thus developed "Task Proposal" to the City. If a site visit
by Utility Contractor is needed to generate the scope document, Utility Contractor shall
request approval prior to visiting the site. The City will review the Task Proposal , and if the
description is mutually acceptable, the parties will enter into a written "Task Authorization",
The Scope of Services generally to be provided by the Utility Contractor through a Task
Authorization may include any phases of general transportation engineering. These phases are
more clearly defined in the attached Exhibit "A".
The City will issue a Notice to Proceed to the Engineer in the form of a City purchase
order. Upon receipt of the signed Task Authorization and a written Notice to Proceed from
the City, the Utility Contractor shall perform the services set forth in the Task Authorization.
3.0 CHANGES IN THE SCOPE OF WORK
3.1 City may make changes in the Services at any time by giving written notice to
Utility Contractor. If such changes increase (additional services) or decrease or eliminate any
amount of Work, City and Utility Contractor will negotiate any change in total cost or
schedule modifications. If the City and the Utility Contractor approves any change, the Task
Authorization will be modified in writing to reflect the changes; and Utility Contractor shall be
compensated for said services in accordance with the terms of Article 5.0 herein. All change
orders shall be authorized in writing by City's and Utility Contractor's designated
representative.
3.2 All of City's said Task Authorizations and amendments thereto shall be
performed in strict accordance with the terms of this Agreement insofar as they are applicable.
4.0 SCHEDULE
4.1 Utility Contractor shall perforin services in conformance with the mutually
agreed schedule set forth in the negotiated Task Authorization. Utility Contractor shall
complete all of said services in a timely manner and will keep City apprised of the status of
work on at least a weekly basis or as otherwise reasonably requested by the City. Should
Utility Contractor fall behind the agreed upon schedule, it shall employ such resources so as to
comply with the agreed-upon, schedule.
4.2 No extension for completion of services shall be granted to Utility Contractor
without City's prior written consent, except as provided in Sections 3.1 and 20.1 herein.
5.0 METHODS OF PAYMENT FOR SERVICES ANIS EXPENSES OF ENGMER
5. General Services. For basic and additional Services performed by Engineer's
Principals, employees, and resident project representatives (and assistants) pursuant to
paragraphs 2.0 and 3.0, the City agrees to pay the Utility Contractor an amount equal to that
agreed upon by the parties for a particular Task Authorization.
5.2 Additional Services Performed by Professional Associates and ConsulWt s. For
additional Services and Reimbursable Expenses of independent professional associates and
consultants employed by Utility Contractor to render additional Services pursuant to
paragraphs 2.0 and 3.0, the City agrees to pay the Utility Contractor an amount equal to that
billed Utility Contractor by the independent professional associates and consultants multiplied
by a factor of 1.10. Prior to payment by the City, the Utility Contractor shall submit to the
City a copy of any written invoice received by Utility Contractor from all independent
professional associates and consultants which clearly evidences the amount billed by the
independent professional associates and consultants for additional. Services and any
Reimbursable Expenses.
5.3 Witness Services. For witness or expert services rendered by Utility
Contractor's principals, employees, resident project representatives (and assistants), and
independent professional associates and consultants on behalf of the City in any litigation,
arbitration, or other legal or interested administrative proceeding in which the City is a named
interested party, City agrees to pay the Utility Contractor or independent professional associate
or consultant, which is used as a witness or expert, an amount equal to that agreed upon by the
party for a particular Task Authorization.
5.4 Reimbursable Expenses. In addition to payments provided in paragraphs
5.1, 5.2 and 5.3 above, City agrees to pay Utility Contractor the actual cost of all
Reimbursable Expenses incurred in connection with any Task Authorization.
5.5 Payment. Upon receipt of a proper invoice from Utility Contractor, the City
agrees to pay the Utility Contractor the invoice amount providing said amount accurately
reflects the terms and conditions of this Agreement and any applicable Task Authorization.
Invoices may only be submitted on a monthly basis unless otherwise agreed by the City.
Unless otherwise agreed in writing by the City, there shall be no other compensation paid to
the Engineer and its principals, employees, resident project representatives (and assistants),
and independent professional associates and consultants in the performance of Work under this
Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a
proper invoice delivered by Utility Contractor.
6.0 RIGHT TO INSPECTION
6.1 City or its affiliates shall at all times have the right to review or observe the
services performed by Utility Contractor.
6.2 No inspection, review, or observation shall relieve Utility Contractor of its
responsibility under this Agreement.
7.0 PROGRESS MEETING
7.1 City's designated Project Manager may hold periodic progress meetings on a
weekly basis, or more frequently if required by the City, during the term of any Task
Authorization entered into under this Agreement. Utility Contractor's Project Manager and all
other appropriate personnel shall attend such meetings as designated by City's Project
Manager.
8.0 SAFETY
8.1 Utility Contractor shall be solely and absolutely responsible and assume all
liability for the safety and supervision of its principals, employees, resident project
representatives (and assistants) while performing Services provided hereunder.
9.0 REASONABLE ACCESS
9.1 During the term of this Agreement, City shall grant Utility Contractor
reasonable access to the City's premises, records, and files for purposes of fulfilling its
obligations under this Agreement.
10.0 INSURANCE
10.1 Liability Amounts. During the term of this Agreement, Utility Contractor shall
be responsible for providing the types of insurance and limits of liability as set forth below.
a)Professionsal Liability: Proof of professional Iiability insurance shall be provided to
the City for the minimum amount of $1,000,000 as the combined single limit for each
occurrence.
b)The Engineer shall maintain comprehensive general liability insurance in the minimum
amount of$1,000,000 as the combined single limit for each occurrence to protect the Engineer
from claims of property damages which may arise from any Services performed under this
Agreement whether such Services are performed by the Utility Contractor or by anyone directly
employed by or contracting with the Engineer.
c)The Utility Contractor shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $50,000
property damage as the combined single limit for each occurrence to protect the Utility
Contractor from claims for damages for bodily injury, including wrongful death, as well as from
claims from property damage, which may arise from the ownership, use, or maintenance of owned
and non -owned automobiles, including rented automobiles whether such operations be by the
Engineer or by anyone directly or indirectly employed by the Utility Contractor.
d)The Utility Contractor shall maintain, during the life of this Agreement, adequate
Workers' Compensation Insurance and Employers' Liability Insurance in at least such amounts as
are required by law for all of its employees performing Work for the City pursuant to this
Agreement.
10.2 Special Requirements. Current, valid insurance policies meeting the
requirements herein identified shalt be maintained during the term of this Agreement. Renewal
certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30
day advance written notification to the City in the event of cancellation or modification of any
stipulated insurance coverage. The City shall be an additional named insured on all
stipulated insurance policies as its interest may appear, from time to time.
1.0.3 Independent Associates and Consultants. All independent associates and
consultants employed by Utility Contractor to perform. any Services hereunder shall fully comply
with the insurance provisions contained in this paragraph.
r'
11.0 COMPLIANCE WrM LAWS AND REGULATIONS
11.1 Utility Contractor shall comply with all requirements of federal, state, and local
laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services
under this Agreement.
12.0 REPRESENTATIONS
12.1 Utility Contractor represents that the Services provided hereunder shall conform
to all requirements of this Agreement and any Task Authorization, shall be consistent with
recognized and sound engineering practices and procedures; and shall conform to the customary
standards of care, skill, and diligence appropriate to the nature of the Services rendered.
12.2 Utility Contractor represents that all principals, employees, and other personnel
furnishing such Services shall be qualified and competent to perforin the Services assigned to
them and that such guidance given by and the recommendations and performance of such
personnel shall reflect their best professional knowledge and judgment.
13.0 GUARANTEE AGAINST ]INFRINGEMENT
1.3.1 Utility Contractor guarantees that all Services performed under this Agreement
shall be free from claims of patent, copyright, and trademarks infringement. Notwithstanding any
other provision of this Agreement, Utility Contractor shall indemnify, hold harmless, and defend
City, its officers, directors, employees, agents assigns, and servants from and against any and all
liability, including expenses, legal or otherwise, for actual or alleged infringement of any patent,
copyright, or trademark resulting from the use of any goods, Services, or other item provided
under this Agreement. Notwithstanding the foregoing, Utility Contractor may elect to provide
non -infringing services.
14.0 DOCUMENTS
14.1 Public ]records. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
Utility Contractor and its independent contractors and associates related, directly or indirectly, to
this Agreement, shall be deemed to be a Public Record whether in the possession or control of the
City or the Engineer. Said record, document, computerized information and program, audio or
video tape, photograph, or other writing of the Utility Contractor is subject to the provisions of
Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of
the City's City manager. Upon request by the City, the Utility Contractor shall promptly supply
copies of said public records to the City. All books, cards, registers, receipts, documents, and
other papers in connection with this Agreement shall at any and all reasonable times during the
normal working hours of the Utility Contractor be open and freely exhibited to the City for the
purpose of examination and/or audit.
14.2 Reuse of Documents. All documents, including but not limited to, drawings,
specifications, and data, or programs stored electronically or otherwise, prepared by the Utility
Contractor and its independent contractors and associates pursuant to this Agreement or related
exclusively to the Services described herein may be reused by the City for any reason or
purpose at anytime. However, the City agrees that the aforesaid documents are not intended
or represented to be suitable for reuse by the City or others on any undertaking other than the
Work outlined in this Agreement. Any reuse for an undertaking other than for the Work
without verification or adoption by the Utility Contractor, or its independent contractors and
associates if necessary, to specific purposes intended will be at the City's sole risk and without
liability or legal exposure to the Utility Contractor.
14.3 The Utility Contractor acknowledges that the City is a Florida Municipal
Corporation and subject to the Florida Public Records Law. Utility Contractor agrees that to the
extent any document produced by Utility Contractor under this Agreement constitutes a Public
Record, Utility Contractor shall comply with the Florida Public Records Law.
15.0 ASSIGNMENT
15.1 Utility Contractor shall not assign or subcontract this Agreement, any Task
Authorization hereunder, or any rights or any monies due or to become due hereunder without the
prior, written consent of City.
15.2 If upon receiving written approval from City, any part of this Agreement is
subcontracted by Utility Contractor, Utility Contractor shall be fully responsible to City for all
acts and/or omissions performed by the subcontractor as if no subcontract had been made.
1.5.3 If City determines that any subcontractor is not performing in accordance with this
Agreement, City shall so notify Utility Contractor who shall take immediate steps to remedy the
situation.
15.4 If any part of this Agreement is subcontracted by Utility Contractor, prior to the
commencement of any Work by the subcontractor, Utility Contractor shall require the
subcontractor to provide City and its affiliates with insurance coverage as set forth by the City.
16.0 INDEPENDENT CONTRRACTOR
16.1. At all times during the term of this Agreement, Utility Contractor shall be
considered an independent contractor and not an employee of the City.
17.0 IDEFAUi,T BY UTPL,ITY CONTRACTOR AND CITY'S REMEDIES
17.1. The City reserves the right to revoke and terminate this Agreement and rescind all
rights and privileges associated with this Agreement, without penalty, in the following
circumstances, each of which shall represent a default and breach of this Agreement:
17.2 Utility Contractor defaults in the performance of any material covenant or
condition of this Agreement and does not cure such other default within thirty (3 0) calendar days
after written notice from the City specifying the default complained of, unless, however, the
nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied
within thirty (30) calendar days, in which case the Utility Contractor shall have such time as is
reasonably necessary to remedy the default, provided the Utility Contractor promptly takes and
diligently pursues such actions as are necessary.
17.3 Utility Contractor is adjudicated bankrupt or makes any assignment for the benefit
of creditors or Utility Contractor becomes insolvent, or is unable or unwilling to pay its debts; or
17.4 Utility Contractor has acted grossly negligent, as defined by general and applicable
Iaw, in performing the Services hereunder; or
1.7.5 Utility Contractor has committed any act of fraud upon the City, or
1.7.6 Utility Contractor has made a material misrepresentation of fact to the City while
performing its obligations under this Agreement.
17.7 Notwithstanding the aforementioned, in the event of default by Utility
Contractor, the City shall have the right to exercise any other remedy the City may have by
operation of law, without limitation, and without any further demand or notice.
18.0 TERMINATION
18.1. Notwithstanding any other provision of this Agreement, City may, upon written
notice to Utility Contractor, terminate this Agreement, without penalty, if (a) Utility Contractor
is ha default pursuant to paragraph 17.0 Default; (b) Utility Contractor makes a general
assignment for the benefit of its creditors; (c) Utility Contractor fails to comply with any condition
or provision of this Agreement; or (d) Utility Contractor is experiencing a labor dispute which
threatens to have a substantial, adverse impact upon performance of this Agreement without
prejudice to any other right or remedy City may have under this Agreement. In the event of such
termination, City shalt be liable only for the payment of all unpaid charges, determined in
accordance with the provisions of this Agreement, for work properly performed prior to the
effective date of termination.
19.0 FORCE MAJEUIYE
19.1. Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; ware; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates'
generating plants, their equipment, or facilities; court injunction or order; federal and/or state law
-- or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control
of the party affected; provided that prompt notice of such delay is given by such party to the other
and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If
any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this
Agreement.
20.0 GO RNI NG LAW & VENUE
20.3 This Agreement is made and shall be interpreted, construed, governed, and
enforced in accordance with the laws of the State of Florida. Venue for any state action or
litigation shall be Brevard County, Florida. Venue for any federal action or litigation shah be
Orlando, Florida.
21.0 HEADINGS
21.1 Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
22.0 SEVERA3BIL=
22.1 In the event any portion or part of thereof this Agreement is deemed invalid,
against public policy, void, or otherwise unenforceable by a court of law, the parties shall
negotiate an equitable adjustment in the affected provision of this Agreement. The validity and
enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable.
23.0 RAWER AND ELECTION OF REMEMES
23.1. 'Waiver by either party of any terms, or provision of this Agreement shall not be
considered a waiver ofthat term, condition, or provision in the future.
23.2 No waiver, consent, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of each party
hereto.
24.0 THMD I'ARTY RIGHTS
24.1 Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than City and Utility Contractor.
25.0 PROHIBITION AGAINST CONTINGENT FEES
25.1 Utility Contractor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Utility Contractor, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual, or &n-, other than a bona fide employee working solely for the Utility
Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
26.0 ENTME AGREEk ENT
26.1 This Agreement, including any Task Authorizations and Schedules, Attachments,
Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Utility
Contractor with respect to the Services specified and all previous representations relative thereto,
either written or oral, are hereby annulled and superseded.
27.0 NO JOINT VENTURE. Nothing herein shall be deemed to create a joint venture or
principal -agent relationship between the parties, and neither parry is authorized to, nor shall
either party act toward third persons or the public in any manner which would indicate any
such relationship with the other.
25.0 ATTORNE'Y'S FEES. Should either party bring an action to enforce any of the terms
of this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party
the costs and expenses of such action including, but not limited to, reasonable attorneys' fees,
whether at settlement, trial or on appeal.
29.0 CQ13!!P1'ER]PARTS. This Agreement maybe executed in any number of counterparts,
each of which when so executed and delivered shall be considered an original agreement; but such
y counterparts shall together constitute but one and the same instrument.
30.0 DRAFTING. City and Utility Contractor each represent that they have both shared
equally in drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
31.0 NOTICE
For Utili
Jty Contractor
Atlantic Development of Cocoa
2185 West King Street
Cocoa, Florida 32926
Attention Glenn S Grignon —General Manager
Phone:321-639-8788
For CL .
City of Cocoa! Utilities Department
- Attention: Water Field Operations
N
600 School Street
Cocoa, Florida 32922
(321)433-8700 FAX: (321)433-8708
31.2 Either party may change the notice address by providing the other party written
notice of the change.
32.0 SOVEREIGN ][M IUNITY". Nothing contained in this Agreement shall be construed
as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes,
or other limitations imposed on. the City's potential liability under state or federal law.
33.0 CORPORATE REPRESENTATIONS BY ENGM. ER. Engineer hereby represents
and warrants to the City the following:
(a)Engirreer is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
(b)The undersigned representative of Utility Contractor has the power, authority, and
legal right to execute and deliver this Agreement on behalf of Utility Contractor.
34.0 INDEMIFICATION.
For all Services performed pursuant to this Agreement, the Utility Contractor agrees to
the fullest extent permitted by law, to indemnify and hold harmless the City and its employees and
officers from and against all claims, losses, damages, personal injuries (including but not limited to
death), or liability (including reasonable attorney's fees through any and all administrative, trial
and appellate proceedings), directly or indirectly arising from:
a)any default under this Agreement by Utility Contractor;
b)any negligent act, omission or operation of work related to all Services performed under
this Agreement by Utility Contractor, and its employees, principals, agents, independent
contractors, and consultants.
The indemnification provided above shall obligate the Utility Contractor to defend at its
own expense or to provide for such defense, at the option of the City, as the case maybe, of any
and all claims of liability and all suits and actions of every name and description that may be
brought against the City or its employees and officers which may result from any negligent act,
omission or operation of work related to the Services under this Agreement whether the Services
be performed by the Utility Contractor, or anyone directly or indirectly employed by them In all
events the City shall be permitted to choose legal counsel of its sole choice, the fees for which
shall be subject to and included with this indemnification provided herein, as long as said fees are
no greater than at a rate of $200 per hour
0
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
CITY:
UTILITY CONTRACTOR:
CITY OF CqQOA, FLORIDA: Atlantic Development of Cocoa, INC.:
Py' t l3y: X 1(1 J L'7 �°. � / 1 -Al �l
Mayor Print Name/Title: Q
ATT T: CORRQRATE SEAL:-
�j
B By: ^+�
Joan ark, City Clerk
EXHIBIT "Alf
SCOPE OF SERVICES
BASIC CONSULTING SERVICES AGREEMENT
The City of Cocoa is soliciting statements of qualifications and fee schedules from interested
construction firm to provide general contracting work on utility systems owned and/or
operated by the City. The selected firm will enter into a Continuing Services Agreement with
the City of Cocoa to perform work as a Utility Underground Contractor for a two-year period,
renewable for two two-year periods. Selection will be in compliance with Florida Statue,
Chapter 287, sections 287.001 to 287.1345, "Commodities, Insurance and Contractual
Services." The scope of services to be provided will include, but is not limited to, the
following tasks and certain specific projects:
• Repair and/or replace water, sewer, and/or reclaim mains, valves and fire hydrants
• Repair and/or replace water, sewer, anchor reclaim service lines
• Repair and/or replace sewer manholes
• Repair and/or replace sanitary sewer gravity system pipes
• Install new water, sewer, and/or reclaim pipes to the City owned system
Repair and/or replace storm drain pipes and storm drain inlets and .junction boxes
• Repair and/or replace piping in water and waster water plants
• Repair or replace various size pipes consisting of various materials: i.e.: corrugated metal,
Plastic and reinforced concrete.
• Do line stops 1 install valves on large diameter transmission mains
• Restore and pave DOT roads
• Replace concrete driveways, curbing and sidewalks
SCOPE OF SERVICES REQUIRED
A. General
The work under this R.F.P. will be on an as -needed basis. Individual work assignments will be
_. authorized and performed by "work assignments". Contractors must respond within 48 hours
of a city request. If for any reason your work schedule will not allow you to perform the
requested. work, thea the next lowest bidder will be contacted to perform the requested work
assignment.
It is anticipated the City will hire at least three companies to perform a portion or all of the
tasks listed above. Firms that specialize in one or more, but not all of the items listed in the
scope of services may be qualified and selected for specific tasks according to their experience
and expertise. Firms that are currently under contract with the City to perform these tasks will
not be given priority over other firms that are not currently under contract with the City. It is
anticipated this will be a multi-year renewable contract.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 08/02/2010
Item No. -5-
Subject; Approve first reading of Ordinance No. 08-2010 adopting amendments to the
Comprehensive Plan pursuant to the Evaluation and Appraisal Report and approve
transmittal to the Florida Department of Community Affairs.
Department: Community Development Department
Summary: See Staff Report.
Requested Council Action: Approve first reading of Ordinance No. 08-2010 adopting
amendments to the Comprehensive Plan pursuant to the Evaluation and Appraisal
Report and approve transmittal to the Florida Department of Community Affairs.
Financial Impact: None
Attachments: (1) Staff Report. (2) Planning & Zoning Board recommendation. (3)
Ordinance No. 08-2010 with Exhibit "A" depicting revisions to the Comprehensive Plan.
(4) Proposed amendment considerations.
Submitting Department Head: Barry Brown Date:07123110
Approved by City Manager: t9 ` Date: 7 ja 7/ib
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
City of Cape Canaveral, Florida
City Council
August 3, 2010
STAFF REPORT
Agenda Item: To review and approve for submittal to the Department of Community
Affairs (DCA) proposed amendments to the Comprehensive Plan in pursuant to the
Evaluation and Appraisal Report (EAR).
Background: The Evaluation and Appraisal Report or EAR is a periodic evaluation of
the City's Comprehensive Plan. The EAR assesses attainment of the goals and
objectives in the Comprehensive Plan and identifies possible revisions to the plan that
update the City's vision for its future and to recognize changes in the Florida Statutes
and implementing regulations.
Our EAR was adopted in December of 2007 and found sufficient by the Department of
Community Affairs (DCA) in March of 2008. The EAR identified proposed amendments
to the comp plan. Some of the proposed amendments were based on a review of the
effectiveness of the goals, objectives, and policies in the comp plan. Others were the
result of public input, recommendations from the 2007 Redevelopment Plan and 2009
Visioning Report, or legislative changes.
The proposed amendments were reviewed by the Planning and Zoning Board on
Wednesday June 23, July 7, and July 21, 2010. On July 21, 2010 the Board
recommended approval of all proposed amendments.
The proposed amendments are identified in the EAR and summarized in "Section 7.0
Proposed Amendment Considerations". I have enclosed "Section 7.0 Proposed
Amendment Considerations" for all elements with the action taken shown in red
underline. I have also included a copy of each element as Exhibit "A" of Ordinance 08-
2010 with deletions shown in blue strikethrough and additions in red underline.
Staff Recommendation: Approve first reading of ordinance adopting the proposed
amendments and approving submittal to DCA.
kH'a t mew�-�2.)
City of Cape Canaveral
Community Development Department
CITY OF
CAPE CANAVERAL
Date: July 22, 2010
To: Angela Apperson, Acting City Manager
Mia Goforth, Acting City Clerk
From: Susan L. Chapman, Secretary, Planning & Zoning Board
Re: Recommendation to City Council - Proposed Amendments to the
Comprehensive Plan, Pursuant to the Evaluation & Appraisal
Report (EAR)
------------------------------------------------------------------------------------------------------------
At the local Planning Agency meeting held on July 21, 2010, the Board held a
Public Hearing to review and make recommendation regarding the proposed
EAR based amendments, as prepared and presented by Barry Brown, Planning
& Development Director.
The Board members unanimously voted to recommend approval of all proposed
EAR based Amendments to the Comprehensive Plan to the City Council.
7510 N. Atlantic Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247
www.dryofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com
ORDINANCE NO. 08-2010
AND AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature: intendsthat local planning be a continuous and ongoing
process; and
WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, consistent with section 163.3167, Florida Statutes, the City Council has
adopted the City of Cape Canaveral Comprehensive Plan; and
WHEREAS, as required by section 163.3191, Florida Statutes, on December 18,2007, the
City Council adopted its evaluation and appraisal report ("EAR"), which is required to be adopted
every seven (7) years to, assess the progress of implementing the City's Comprehensive Plan; and
WHEREAS, the Local Planning Agency has reviewed the amendments to the
Comprehensive Plan set forth herein, held an advertised public hearing, provided for participation
by the public in the process, and rendered its recommendations to the City Council; and
WHEREAS, the City Council, after considering the Local. Planning Agency's review
comments and recommendations for amendments, to the Cape Canaveral Comprehensive Plan,
desires to adopt the amendments set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral,
NOW, THEREFORE, THE CITY COUNCIL OF' THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein
by this reference:.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local
City of Cape Canaveral
Ordinance No. 08-20 10
Page 1 of 3
Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3184
and 163.3197, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt the large
scale comprehensive plan amendments set forth herein, which are based on the City's evaluation and
appraisal report ("EAR"), adopted by the Cape Canaveral City Council on December 18, 2007.
Section 4. Adoption of Evaluation and Appraisal Report -Based Amendments to the
Comprehensive Plan. The Cape Canaveral City Council. hereby adopts the amendments to the Cape
Canaveral Comprehensive Plan set forth in Exhibit "A," attached hereto and fully incorporated
herein by this reference (underlined type indicates, additions and type indicates deletions,
while asterisks (***) indicate a deletion from the text existing in the Comprehensive Plan. It is
intended that the text in the Comprehensive Plan denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Section S. Transmittal to the Department of Community Affairs. The City Manager or his
designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendments to the Florida Department of Community Affairs, in accordance with Section
163.31 87(4), Florida Statutes, and Section 9J'-11, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council of the City of Cape Canaveral, or parts of
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
Jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 8. Incorporation Into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendments adopted by this Ordinance, said Amendments shall be
incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.
Section 9. Effective Date and Legal Status oft a Plan Amendment. The effective date of
the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community AtTairs, or the Administration Commission finding
the Amendments in compliance with section 163.3184, Florida Statutes. No development orders,
development permits, or land use dependent on these Amendments may be issued or commenced
before it has become effective. If a final order of noncompliance is, issued by the Administration
Commission, the Amendments may nevertheless be made effective by adoption of a resolution
affirming its effective status. After and from the effective date of these Amendments, the
Comprehensive Plan Amendments set forth herein shall amend the City of Cape Canaveral
Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status
City of Cape Canaveral
Ordinance No, 0 8-20 10
Page 2 of 3
of the City of Cape Canaveral Comprehensive Plan, as amended.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting,
assembled on the day of 2010.
ATTEST:
FIRM, 111", 1 '111!iigi�
1 10
Mw 91� 11 11 1 0
City Attorney
'Fransmittalliearing: August 2,2010
Adoption Hearing:
Effective Date:
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty, Walsh
City of Cape Canaveral
Ordinance No, 08-20 10
Page 3 of 3
For Against
� x I I
=. h -b'+ "A 11
, . i i ;q�ip
J�iiii
' Fri 11111!!�
GOALS,i OBJECTIVES and POLICIES
adoptedEvaluation and Appraisal Report
December
The City shall participate in coordinated activities with State, County, Regional and
adjoining community governments in order to better provide for the public health,
safety and welfare of its inhabitants.
Objective IG -1.1:
The City shall coordinate its planning efforts with the plans of school boards, other units
of local government providing services but not having regulatory authority over the use,
of land, and with the planning efforts of Cocoa Beach, Cocoa, Brevard County, the 12k-�zt
Canaveral F'o.r1,_/\`-u:- �, t ['1p ' �r - R the East Central Florida Regional Planning Council, and
the State of Florida. Tmeasurement easurement of this Objective shall be the degree to which the
following Policies are implemented.
Policy IG -11.1:
The City shall request the review of plans of others to ensure compatibility between
uses within Cape Canaveral .and areas immediately adjacent to the Cape Canaveral city
limits.
Policy IG -1.1.2:
The City shall review policies of the State, regional entities and Brevard County to
encourage conformance of the City's Plan with those of these other governments.
Policy IG -1.1.3:
The City shall exchange planning information on a regular basis with the City of Cocoa
Beach, the City of Cocoa, Brevard County, the Brevard County Housing Authority, the
Brevard County School Board, and any other units of local government providing
services in the City but not having regulatory authority over the use of land. therein.
The City shall cooperate with any state, regional or local entity having operational and
maintenance responsibility for public facilities within Cape Canaveral in establishing
level -of -service standards for those facilities. The measurement of this Objective is the
degree to which the following Policies are implemented.
INTERGOOORDINATION Page 2,
Citv of Cave Can,--;weral
Policy IG -1.2,1:
The City shall cooperate with the Florida Department of Transportation (FDOT) in
establishing level -of -service standards for State highways within the City. ()..f
scl,w,ice standard!S' f0l" 1`MKJ)1Vi1V 1",IC'ififies orIfte Shate�,,ic LriterincoLfl SN/stein -nUSt IN -1
- ---------- ----- .-,..--l.-11���-���-�,,�--�,— - � - --- I- - 1111111-:1 --- 1-11-1- . .. . ..... . .... . ..... ...... .... ...... .......... . --- ----
coi-isisIont vNlffl-U FDOT staidards. '.`tazidard niust cor�sidor_coni -11 b I ad n
jxjEk,cfictkips, Furthermore, the City shall work towards greater communication with
the FDOT on transportation and growth management issues.
Policy IG -1.2.2:
The City shall cooperate with the City of Cocoa in establishing level -of -service
standards for Cocoa's water system within Cape Canaveral and sltafl can-ns L,U IL wiUi 11ne
of( 'io wi JY 1111101 �1 IYU-iIA.-fi-incl, Neu �:o (Al"I"A. Lldec te �,, at ii st pplies to
..........
nnn�rye f),e�i develoj:qyleiij yviH 1[-)o avai�able by U -fie 1(1,1(c of isstlallc-e of a ct�"rfificme c)f
. . ......... . .. --- -------- ........... ....
Policy IG -1.2.3:
When conflicts occur between Cape Canaveral and other governmental entities, Cape
Canaveral shall consider the use of the Regional Mediation Process in resolving such
conflicts.
Policy IG -1.2.4:
The City shall coordinate any proposed or requested annexations with Cocoa Beach
and/or Brevard County.
Policy IG -1.2.5:
When development within Cape Canaveral is proposed adjacent to the city limits, the
City shall review the proposed development in relationship to the existing
comprehensive plans of adjoining governments.
policy I-1.2.6;
The City shall, where practicable, coordinate the management issues concerriffig the
Banana River and the Atlantic Ocean with other governing bodies bordering on said
river and ocean.
Policy IG -1.2.7:
The City will share information on level -of -service issues with the following entities:
1 -4)i4 -Canaveral Poi'J A�Alqr I
11 (for sarN,itary Cfi`,A111�1C, F'UCILUill]Qd W,ater and
111—ai 4,21.UiLiar�), Cocoa Beach (for recreation, drainage, r(:,L,Ldni.,'c
c and
transportation), Brevard County (for solid waste and transportation), ECFRF`C (for
planning assistance), City of Cocoa (for potable water), and FDOT (for transportation).
INTERGOVERNMENTAL COORDINATION Page 3
Citv of Cane Canaveral
The City shall, through coordination with adjacent units of local government, including
Brevard County and the Canaveral Port Authority, and coordination with regional
entities such as the ECFRPC and the SJRWMD, and coordination with State agencies,
facilitate the mutual consideration of the impacts of development proposed in this Plan.
The measurement of this Objective is the degree to which the following Policies are
implemented.
Policy IG -1.3.1:
The City shall ensure that the coordination entities cited in Objective IG -3 are, made
aware of the contents of this Plan as far as proposed development is concerned, and the
City shall be receptive to comments from those entities concerning the impacts of the
proposed development.
Policy IG -1.3.2:
The City shall discuss and share information on infrastructure services regarding
proposed development with Per[ the Canaveral J-Viq kqfficiriLy
d�:ijrni�.,(J V,,atc,r, and_ tq.'atisrtahor� Coco, a Beach (recreation,, drainage,
..),
rec ki i i ic,uLj watt i, and transportation), Brevard County (solid waste and transportation),
ECFRPC (planning assistance), City of Cocoa (potable water), and FDOT
(transportation).
EKJk'y. IG' J �'3.3
Ae �,viflj arid fofli�:m tfic d�recb�xi of
aH coor(ifili
........... . ... ........ ...... . ........ - --------------------
Water bezmyrrded
--- ------------
nA,J�J)ijj fl�3 IuJciml�s' of aro ad tx:w I)c R,��,,,Jopa� Wiitc'rSt.q,,-!p1 � F'Lan
Qhj�,ecti've 11G-1-4:
. ...... .. . , ,
The Q. it -reakofi 0 ayulfinancial file chanisins i, ly
.. .. . .... .......
to -'fl"' 2007 Rqde��elo
JJ,,,..e.s 12.[.J.J.�] e . ..... -------
F'o
Thcd r.,�ity shaJ1.,-.1,-�1q1Sij(,:' ci-eaUon cif a 2rii
................. ....
a filpidi',n resich-,j)Ual
s0i i rce a -i I plan foi
fril
ties, and Statt:, 13ro�vrifM� de� J�' y.11ion�':; vViR
. . . . ... .........
INTERGOVERNMENTAL COORDINATION Page 4
Citv of Car)e Canaveral
1'01ft�v I&L4,1
...... ..........
nu 0tv sliaH Jcrel 1,2 iLy "brand" oriclenfifiaHe fji��racicr �,,Aicf�
. ... .......... s '
and creilh"� Lill iina�l(' consi'SU�'Ift M'[1 1�
- -- .... ... -11-11-1-1-1-1-1-1111 — - 11 11- 111, 1- --- -11-1-1111-1--111-1- ::� � �: � ... �-. �'Y�"� .... ..... vi.s.i.o.11,
P0h07 Ks , � '4 13 :
i ty� �JVid(:"!t fy, irld ("Vafilate ffic vaHious (Jtl , Boards zlnc� iicnv llwy irtteract and
-------- - ----- ------ --- -
overIgL1_1�,JtPi ead: otlier,
------------------- -.-
The City shall establish and maintain a cooperative relationship with the Brevard
County School Board to provide an effective joint Alam-fing process including
procedures to coordinate land use planning with the development of school facilities
including public school siting, population projection calculations, and the provision of
public schools concurrently with residential development and infrastructure.
Objective IG -2.1:
The City shall establish coordination mechanisms with the school Board to achieve a
collaborative effort to identify school needs, provide for schools facilities and implement
school concurrency using consistent supporting data and analysis.
mm��
In cooperation with the School Board, the City shall adopt and implement the interlo,cal
agreement as required by Sections 16313]'7'77 and 1013.33 F.S., which includes
- - ------ -------
procedures for:
a) Coordinating and sharing information
b) Placement of schools and ancillary facilities
c) Amendment and review of the Comprehensive Plan
e) Joint development of schools, parks, and other uses
0 Implementation of school concurrency
INTERGOVERNMENTAL COORDINATION Page 5
Citv of Caoe Canaveral
g) Implementation of Interlocal Agreement amendments
h) Resolution of disputes
The City shall participate, as members of School Board committees listed in the
Interlocal Agreement to assist with the coordination of school placement, review
of School Board data, provision of determinations of impact fee fund distribution
and review of proposed school concurrency amendments to local government
comprehensive plans
Policy IG -2.1.3
The City shall review School Board data and share development information,
population projections and infrastructure availability information with the School Board
consistent with the procedures provided in the h-iterlocal Agreement.
Policy IG -2.1.4
The City shall provide the School Board with applications for new development in
accordance with the provisions in the Interlocal Agreement.
1'o licy IG -2. 1, �5
The -C [u.ol�oorfinak, iu)Rlu Board rq, ae B( axd's of a
111("� Lo Qie_1`1a�r�l uin��_and _Zorlj 13oard,
. ...... .... ...... . ..
Mk66Vk"ENTAL COORDINATION Page 6
Citv of Cane Canaveral
The City shall adopt regulations necessary to implement school concurrency.
Policy IG -2.2.1
The city shall adopt regulations necessary to implement school concurrency no later
than the date of issuance by the State Department of Community Affairs of a Notice of
Intent to find the Public School Facilities Element in compliance.
INTERGOVERNMENTAL COORDINATION Page 7
Citv of Cane Canaveral
jPill Miliq pq I!10
„
GOALS,1
/
IkI
Provide for the preservation and conservation of the City's natural resources so that the
economic, social and/or aesthetic value which these resources provide to the
comn'tundty are, not destroyed and are available to future generations.
Maintain or improve current quality of air. The measurement of this Objective is the
quality of air within Cape Canaveral plus the degree to which the following Policies, are
implemented.
Policy C-1.1:
Join with other governmental entities in the area in an effort to prevent major industrial
air polluters from locating within the coastal zone.
Policy C-1.2:
Prohibit un -permitted open burning of trash and debris within the City.
Policy C-1.3:
The City shall encourage alternative forms of transportation in conjunction with new
development or new roadway projects (e.g., car pooling, mass transit, etc.).
Policy C-1.4:
TI-te City shall cooperate with adjacent governmental entities to determine the feasibility
of conducting air-quality impact analysis for projects that might cause violations of State
air-quality standards and - determine if a periodic air-quality modeling program would
be useful and feasible.
Conservation, appropriate use and protection of the quality and quantity of current and
projected water sources and waters that flow into estuarine waters or oceanic waters.
The measurement of this Objective is the extent to which water resources are conserved,
appropriately used and protected plus the degree to which the following Policies are
implemented.
Policy C-21:
Enforce the City's Stormwater Management Ordinance for control of stormwater runoff.
- - --
. . . .... ................ . - -- -----
.........
Conservation Element Page 2
Policy C-2.2:
Continue to work with Brevard County in enforcement of its ordinance requiring
recirculation of water used for heat pumps.
Policy C-23:
Minimize man -induced sedimentation, excessive freshwater runoff, and other non -point
source pollution into the Banana River and the Atlantic Ocean.
Policy C-2.4:
Cooperate with the St. Johns River Water Management District, Brevard County, and
the City of Cocoa during times when emergency water conservation measures, are in
effect.
Policy C -2.5 -
The City shall ensure that its Land Development Regulations, contain, a requirement
making development contingent upon the availability of adequate potable water.
Policy C-2.6:
The City shall evaluate alternatives for the conservation of existing water supplies.
Policy C-2.7:
The City shall evaluate the need for retrofitting stormwater systems which do not rmeet
existing State standards.
Policy C-2.8:
The City shall maintain an ordinance which prohibits the removal of littoral vegetation
from the Banana River.
Policy C-2.9:
In an effort to further protect the Banana River, the City may consider the treatment of
storm water discharge via the City's sewer treatment facility.
S onside r ffic, St, o r Water M' ,tna'0(11TU
...... ... . . . ..... ........... . .... ........
tvafet_Sp).r(�'2 Li q2 a I nen d I'lle n ts t0-flie
. . . . .......
I 1,11-fras tr: I C Llr.e Ca _a I I n VE:y:-"moots a i it] Co nsic i vzi ti on He merl ts"
. ...................................... . .......
Conservation Element Page 3
K,023��
Conserve appropriate use and protection of soils and native vegetative con-anunities
withfi-t the City. The measurement of this Objective is the extent to which soils and
native vegetative communities are conserved, appropriately used and protected plus the
degree to which the following Policies are implemented.
Policy C-31.
Continue to enforce the City's landscaping and tree ordinances to help prevent soil
erosion and to protect trees within the City.
Policy C-3.2:
Work with private developers to preserve, where possible, indigenous plant
communities.
Foh�c'v C-13
shall proto"'hon (A sensiHye aiva�, !21ea�jl
1 s� and treie prm�eqion.
�i� . -.1.1-111 - ---- ) . .. ... ..... i - I --
Conservation, appropriate use and protection of wildlife, wildlife habitat and marine
habitat. The measurement of this Objective is the extent to which wildlife, wildlife
habitats, and marine habitats are conserved, appropriately used and protected plus the
degree to which the following Policies are implemented,
Policy C-4.1:
Join with other governmental entities in the area in an effort to prevent major water
polluters from locating within the coastal. zone.
Policy C -4.2 --
In order to protect regionally significant coastal resources, discourage dredge and fill
activities as a means to develop small waterways, and closely coordinate review of such
activities with the Florida Department of Environmental Regulation, The Florida
Department of Natural Resources, and the US Army Corps of Engineers.
Policy C-4.3:
Work with private developers to preserve, where possible, indigenous animal
communities and regionally significant natural vegetative communities.
--------- - .. .......
Conservation Element Page 4
10
Cooperate with federal, state and other local agencies to protect endangered and
threatened species of animals. In this regard, the City shall ensure that development
approvals are contingent upon consideration of endangered species.
Policy C-4.5:
The City shall adopt an ordinance providing for measures to protect sea turtle nesting
activities.
Policy C-4.6,
The City shall enact an ordinance which provides for adequate upland buffering of the
only sboreside wetland iri Cape Canaveral.
Policy C-4.7:
The City shall prohibit developments that are feasible only through creation of land by
dredging and filling of areas below mean high water.
The City shall be prepared to deal with problems relating to the disposal of
hazardous wastes. The measurement of this Objective is the degree to which the
following Policies are implemented.
Policy C-5.1:
The City shall coordinate with Brevard County to disseminate educationalmaterials to
the public concerning the disposal of hazardous wastes, such as the county's
"hazardous waste round up."
Policy C-5.2:
The City shall cooperate with appropriate local, State, and Federal agencies in planrung
for both small- and large-scale hazardous waste problems.
. ..... WIMMINUMMMUMB
Conservation Element Page 5
GOALS, OBJECTIVES and POLICIES
/17
% /
lillilliq 1111111i
�y
XIMI
Provide for the preservation and conservation of the City's coastal resources so that the
economic, social and/or aesthetic value which these resources provide to the
community are not destroyed and are available to future generations.
The City shall protect, conserve, or enhance the two remaining coastal wetlands, living
marine resources, coastal barriers, and wildlife habitat. The measurement of this
objective is the extent to which these resources are protected, conserved or enhanced.
and the degree to which the following Policies are implemented.
Policy CM -Ll:
The City shall develop guidelines, to protect, conserve, and, where possible, seek
restoration of the vital areas of the coastal zone, including, as appropriate, wetlands,
water quality, water quantity, wildlife habitat, living marine resources (such as
manatees), and beach and dune systems. T I he ity, sjigll of
- _ _�.) _ T_
and.
Policy CM -1.2:
The City shall provide for development which is consistent with resource tolerance,
carrying capacity and the ability of the City to efficiently provide and maintain
necessary services as set out in other Elements.
Policy CM -13:
The City shall continue to work with County, State and Federal governments in
maintenance, restoration, and enhancement of the overall quality of the coastal
environment, including but not limited to, its amenities and aesthetic values.
Policy C.M-1.4:
The City shall work with County, State and Federal governments in the orderly and
balanced utilization and preservation, consistent with sound conservation principles, of
all living and non -living coastal zone resources.
Policy CM -1.5:
The City shall identify and implement methods of avoiding irreversible and
irretrievable commitments of coastal zone resources.
Coastal Management Element Page 2
Policy CM -1.6:
In cooperation with state and federal regulatory agencies and private developers, the
City shall monitor development in those areas with overriding environmental
limitations to development.
Policy CM -1.7:
The City shall make sure that it has an. effective ordinance for the control of noxious
exotic plants in the coastal zone, including the following noxious species:
Causarina glanca (Scaley-bark Beefwood)
Causarina equisetifolia (Australian Pine)
Dioscorea bulbife,ra (Devil's Potato)
Melaleuca quinquenervis (Punk Tree or Cajeput)
Rincinus communis (C�astor Beajj
Schinos terebirithifolius (Brazilian Pepper)
The City shall take action in an effort to maintain or improve estuarine environmental
quality. The measurement of this Objective is the quality of the estuarine environment
and the degree to which the following Policies are implemented.
Policy CM -2,1:
The City shall work toward limiting the specific and cumulative impacts of
development and redevelopment upon wetlands, water quality, water quantity, wildlife
habitat, and living marine resources, and beach and dune systems.
Policy CM -2.2:
The City shall enforce its ordinances which n-dnindze man -induced sedimentation,
excessive freshwater runoff, and other non -point pollution sources.
MEMO
Coastal Management Element Page 3
Policy CM -23:
The City shall maintain and enforce its Stormwater Management Ordinance in an effort
to maintain or reduce the current level of stormwater runoff.
The City shall maintain criteria and/or standards for prioritizing shoreline uses, giving
priority to water -dependent uses, particularly those consistent with existing shoreline
uses. The measurement of this Objective is the development and adoption of such
criteria and/or standards.
Policy CM -3.1:
The City shall establish priorities for shoreline uses, providing for siting of water -
dependent and water -related uses; establish performance standards for shoreline
development; and establish criteria for marina siting which address: land use
compatibility, availability of upland support services, existing protective status or
ownership, hurricane contingency planning, protection of water quality, water depth,
environmental disruptions and mitigation actions, availability for public use, and
economic need and feasibility.
Policy CM -3.2:
The City shall review, update (if necessary) and enforce hazard mitigation regulations
relating to building practices; floodplain use; beach and dune alteration; stormwate,r
management; sanitary sewer and septic tanks; and land use; and the City shall adopt the
recommendations of the hazard mitigation annex of the local peacetime emergency plan
and applicable existing interagency hazard mitigation reports --all with the underlying
rationale of'reducing the exposure of human life and property to natural hazards.
Polic)/ CNI-33
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d �11111'21,lt StLUILIa]"LIS to 111U]I_M(rC SLIOreHne, ei-osic,11111h
I I I _----_- -------_---- � � ___ .... .......
The City shall develop measures for protection of beaches and dunes, establish
construction standards which irdnimine the impacts of man-made structures on beach
and dune systems, and work toward restoration of altered beaches and dunes. The
measurement of this Objective is the development of such measures and the extent to
which beaches and dunes are protected and/or restored and the development of
standards to minimize the impacts of man-made structures on the beach and dune
systems plus the degree, to which the following Policies are implemented.
. ......... .... _______ ........ . . . . . ............. . . .............. . . . ... ...... . --_-
Coastal Management Element Page 4
Policy CM -4.1.:
The City shall closely monitor beachfront development to insure to the greatest extent
possible that the dune system is preserved as natural buffer to storm surge.
Policy CM -4.2:
In areas where beaches and dunes are being eroded, the City shall encourage and
support a multi -jurisdictional approach to stabilization and restoration projects,
preferably utilizing native vegetation as the stabilizing medium.
Policy CM -43:
The City shall continue to enforce the coastal construction control line law and shall
assure that projects within its area of jurisdiction abide by the setback requirements.
Policy CM -4.4:
flo new construction shall be allowed that threatens the stability of either the dune
systems or the beach itself, Land development projects in beach areas east of S.R.- AlA
should provide for dune stabilization and preservation. In all cases, existing dune
vegetationshould be preserved to the maximum extent feasible.
Policy CM -4.5:
The City shall continue to prohibit motorized vehicles from operating on the dune
system except in emergency situations.
Policy CM -4.6:
The City should continue to work with the Canaveral Port Authority actively mitigate
impacts of Port operations on the City's beaches.
The City shall limit public expenditures that subsidize development permitted in coastal
high -hazard areas, except for restoration or enhancement of natural resources. The
measurement of this Objective is the extent to which public expenditures are limited in
coastal high -hazard areas except in the case of restoration or enhancement of natural
resources and the degree to which the following Policy is implemented.
Policy CM -5.1:
The City shall incorporate a provision to implement the above Objective in its Land
Development Regulations.
. . . ....... . ..... --nn wtnitn
Coastal Management Element Page 5
The City shall direct population concentrations away from known or predicted coastal
high -hazard areas. The measurement of this Objective is the extent to which population
concentrations are directed away from the coastal high -hazard area and the degree to
which the following Policy is implemented.
Policy CNI�_6.1:
Through the Future Land Use Plan and the City's zoning ordinance, the City shall
discourage development in the coastal high -hazard areas; however, relocation or
replacement of existing infrastructure away from these areas shall only be required in
an emergency situation where it is economically feasible to do so. V U ("0�3stal_Hi Ii
!4L Overl,pul �'31U.nyc,; frorn 1, liu6ca"IeS,
Jine as 1, V a S(
.. ..... . ...... ... ... .......
sl,orrn stl,rg�,naodel,
The City shall work toward reducing its local hurricane evacuation times based upon
the 14�447 ouuity's Coll
Ndan,.iilocmerit Flafi. The measurement of this Objective is the length of time
required for evacuation in the event of a major storm requiring evacuation plus the
degree to which the following Policies are implemented.
Policy CM -7.1:
The City shall stress to the public the importance of early and orderly evacuation in the
event of a major storm requiring such evacuation,
Policy CM -7,2:
The City shall maintain and update, as required, its list of persons, requiring help during
evacuation.
Policy CM. -7.3:
The City shall lin-Lit development if it would unreasonably increase hurricane
evacuation times.
Policy CM -7.4:
The City shall coordinate hurricane evacuation procedures and disaster mitigation with
Brevard County and neighboring communities.
Coastal Management Element Page 6
The City shall prepare a post disaster redevelopment plan which will reduce the
exposure of human life, and public and private property to natural hazards. The
measurement of this Objective is the development of a past -disaster redevelopment plan
plus the degree to which the following Policies are implemented.
Policy CM -8.1:
The City shall establish a mechardism for obtaining input on. this matter from affected
property -owners, the general public, public officials, and experts which will n'-tvolv,-
meetings among these persons and a means to develop recommendations leading to the
preparation of the post -disaster redevelopment plan.
The City shall use the following as the guiding principle for its post -disaster
redevelopment plan: Reducing the exposure of human life and property to natural
hazards.
Policy CM -8.3:
The City's post -disaster redevelopment plan shall include policies to: distinguish
between short-term and long-term reconstruction needs; facilitate the removal,
relocation or structural modification of damaged infrastructure and structures; limit
redevelopment in areas of repeated damage; and facilitate the adoption of
recommendations of interagency hazard mitigation reports into the Comprehensive
Plan.
The City shall strive to increase the amount of public access to the beach or shoreline
consistent with estimated public need. The measurement of this Objective is the
number of additional public access points, to the beach and/or shoreline of the Banana
River plus the degree to which the following Policies are implemented.
Policy CM -9.1:
The City shall evaluate the number, type, and location of existing shoreline access points
to determine if more are needed and how they will be financed.
Policy CM -9.2:
The City shall continue to encourage public access at the time of development of the
areas along the beach.
. .......... ... . . . ... ...........
Coastal Management Element Page 7
Policy CM -9.3:
The City shall enforce public access to beaches renourished at public expense.
Policy CM -9.4:
The City shall continue to enforce the public access requirements of the Coastal Zone
Protection Act of 1985.
Policy CM -9,5:
The City shall provide transportation or parking facilities for beach and river shoreline
access, to the extent feasible.
The City shall provide for protection, preservation, or sensitive reuse of historic
resources, as these are identified within the City.The measurement of this Objective is
the extent to which historic resources are protected, preserved or reused in a sensitive
mwmer and the degree to which the following Policies are implemented.
Policy, CNI-,
"FhCity St nsttc.� souro.�s too h.gid �: i
i —H _ _ , , , :I I ardlic-!ok.. icifl stirvey to 4,htenniric Iiistorically
-- - ------------ ..................... . . . ...... ..
Policy CM -10.1
As historic resources are identified, the City shall develop criteria for protection of
historic resources, including establishment of performance standards for development
and sensitive reuse,.
Policy CM -10.2w:
The City shall maintain a list of historic resource sites to be used to cross-check against
proposed development.
The City shall establish level of service standards, areas of service and phasing of
infrastructure in the coastal area. The measurement of this Objective is the availability
of infrastructure when needed, plus the degree to which the following Policies are
implemented.
un ' UUM
— ---------- ......
Coastal Management Element Page 8
Policy CM -11.1:
The City shall require, developers to fi-nance and install water and sewer lines, drainage
facilities and local streets to serve development as it occurs, consistent with concurrency
management.
Policy CM -11.2:
The City shall ensure that required infrastructure is available to serve the development
in the coastal area at the densities proposed by the Future Land Use Plan, consistent
with coastal resource protection and safe evacuation, by assuring that funding for
infrastructure will be phased to coincide with the demands generated by development
or redevelopment.
Policy CM -11.3:
Though no area of the City presently requires redevelopment, if and when such
conditions emerge, the City shall identify the redevelopment area and work towards
eliminating any unsafe conditions and inappropriate uses therein.
The City shall work with County, State and Federal governments in protecting the
environment in the coastal zone. The measurement of this Objective is the degree to
v%4-tich such collaboration takes place, including the extent to which the following Policy
is implemented.
Policy CM -12.1-,
The City shall coordinate with area resource protection plans such as aquatic preserve
management plans, and the Surface Water Improvement and Management (SWIM)
program administered by the St. Johns River Water Management District.
iggg . .................. . .... . . .........
Coastal Management Element Page 9,
GOALS,, OBJECTIVES and POLICIES
iiiiiiiiiiiiiiiiiiiij
9
The overall goal for this sub -element is provision of sanitary sewer facilities to meet the
needs of the existing and future citizens of Cape Canaveral.
Assure that all existing and future inhabitants and businesses in the City have access to
State -approved, properly -functioning sanitary sewer facilities during the 5- to 10 -year
time -frame of this Plan by correcting existing deficiencies and making sure facilities
meet future needs. The City shall maximize the use of existing sewer facilities, and
promote infill development to n-drdmize urban sprawl. This Objective will be measured
by the degree to which the supporting Policies below are implemented.
Policy SS -1.1
The City shall provide sanitary sewer collection and treatment through utilization of its
sanitary sewer system.
Policy SS -1.2
The City shall require all new development, at no cost to the City, to install sewage
collection anti reuse facilities and to connect those facilities to the City's system in
accordai ice with City ordinances.
Policy SS -1.3
The City shall not allow the use of septic tanks for new development and work toward
the elimination of any remaining septic tanks.
Policy SS -1.4
The City shall establish priorities for replacing facilities, correcting existing facility
deficiencies and providing for future facility needs,
Vol f al =02- Wi
The City shall establish and utilize level -of -service (LOS) standards for sanitary sewer
facilities. The current LOS is 118 gallons per capita per day (gpcd), excluding the flow
from Port Canaveral. This is a satisfactory LOS, therefore, the present LOS of 118,gpcd
is hereby adopted as the LOS standard for this component of the system.
INFRASTRUCTURE ELEMENT Page 2
The City shall strive to identify feasible strategies for minimizing inflow to the sewage
treatment plant and maximizing reuse of effluent. The measurement of this Objective is
the degree to which the following Policies are implemented.
Policy SS -2,1
fi
The City shall adojAiu, a, c:) n n ii e i s program for
reuse of effluent for irrigation and groundwater recharge.
The overall goal for this sub -element is provision of drainage facilities to meet the needs
of the existing and future inhabitants of Cape Canaveral.
92MEM
Assure that all existing and future residents and businesses in the City of Cape
Canaveral are served by adequate drainage facilities in order to minimize damage that
may occur as, a result of flooding and to mirtin-dze the amount of runoff allowed to, flow
into the Atlantic Ocean and the Banana River during the 5- to 10 -year time frame.
Measurement of this Objective is the extent to which flooding is minimized during
periods of heavy rainfall; the, degree to which runoff into the Atlantic Ocean and Banana
River is minimized; and the degree to which the following Policies are :implemented.
Policy D-1.1
The City shall provide for routine maintenance for all parts of its drainage system.
Policy D-1.2
The City shall control the drainage of stormwater in order to minimize the impact on
the storm sewer system and on the surficial and Floridan aquifers.
Policy D-1.3
The City shall control the development of storm sewers and to insure that city
maintenance of canals and ditches is accomplished efficiently.
W�
............. .............. .. . ...... . .....
INFRASTRUCTURE ELEMENT Page 3
Policy D-1.4
The City shall enforce its 'Stormwater Management Ordinance for new development.
Policy D-1.,5
The City shall review its Storrawater Management Ordinance with a view to
strengthening it in order to make it more compatible with current standards of the
SJRWMD.
Policy D-1.6
The City shall periodically establish priorities for replacement, correction of facility
deficiencies .and provision for future facility needs as, apart of its capital improvements
program. As deficiencies occur, these will be included as a part of the capital
improvements program.
Policy D-1.7
The City shall establish and utilize LOS standards for drainage facilities. The current
LOS is the requirement for retention of the first inch of rainfall for new developments.
This is an adequate LOS and is hereby adopted as a LOS standard. The City also hereby
adopts as the LOS standard for overall drainage facilities the following criterion: a
design storm of 5 -year frequency and one-hour duration with rainfall of 3 inches per
hour and removal of excess water within 3 hours of the event.
Policy D-1,8
The City shall support efforts to educate the general public about non -point source
pollution and the value of stormwater management practices,
Policy D-1.9
The City shall, continue to utilize a record keeping system relative to, the use of
stormwater management practices, construction, maintenance costs and facilities
monitoring.
Policy D-1.10
The City shall collaborate with other governmental entities having jurisdiction in the
area on the development of a comprehensive, consistent, and coordinated watershed -
wide stormwate,r management plan.
tun R911 .. ........
INFRASTRUCTURE ELEMENT Page 4
The City shall maximize the use of existing drainage facilities, and infill development to
discourage urban sprawl. The measurement of this Objective is the extent to which
development takes place on it-ifill parcels plus the degree to which the following Policies
are implemented.
Policy D-2.1
The City shall require the use of existing drainage facilities, where feasible, for new
development.
Policy D-2.2
The City shall enforce its Stormwater Management Ordinance for retention and
detention facilities for storage of stormwater runoff.
Policy D-2.3
The City shall determine the feasibility of retrofitting areas of existing development
with updated stormwater treatment facilities.
The overall goal for this sub -element is the provision of solid waste collection and
disposal facilities and services to meet the needs of the existing and future inhabitants of
Cape Canaveral.
Assure that all existing and future inhabitants and businesses in the City have access to
effective solid waste collection and disposal facilities by correcting existing facility
deficiencies and providing facilities for future needs, The City shall encourage
maximized use of existing solid waste disposal facilities and infill development to
discourage urban sprawl for more, efficient pickup of solid wastes. Measurement of this
Objective is the degree to which the following Policies are implemented during the 5 -
and 10 -year time frame.
INFRASTRUCTURE ELEMENT Page 5
Policy SW -1.1
The City shall cooperate with Brevard County for disposal of solid and hazardous
wastes.
Policy SW -1.2
The City shall encourage recovery of additional resources from solid wastes, where
feasible.
Policy SW -1.4
The City shall monitor the performance, of the garbage and trash pickup service to
assure the best service available at the lowest possible cost.
Policy SW -1.4
The City shall cooperate with the County in providing for future facility needs for
disposal of solid and hazardous wastes.
Policy 'S-1.
The City shall cooperate with the County in establishing and utilizing needed LOS
standards for solid waste facilities and services. The current LOS of 8.32 lbs. of solid
waste per capita per day is hereby adopted as the LOS standard for solid waste disposal.
The overall goal for this sub -element is provision of potable water facilities to meet the
needs of the existing and future inhabitants of Cape Canaveral.
X2322M=
The City shall cooperate with the City of Cocoa to assure and maxiinize use of existing
potable water facilities for all existing and future residents and businesses in the City of
Cape Canaveral in order to have access to potable water, facilities during the 5- to 1.0 -
year time -frame and encourage infill development to limit urban sprawl. This objective
is measured by whether or not potable water is available for all residents and businesses
and the extent to which development takes place on infill parcels; and the degree to
which the following Policies are implemented.
. . . . . .. . . ............. . ....
INFRASTRUCTURE ELEMENT Page 6
Policy PW -1.1
The City shall cooperate with the City of Cocoa in provision of potable water for the
citizenry of Cape Canaveral.
Policy PW -1.2
The City shall require developers to install potable water distribution facilities, and to
connect those facilities to Cocoa's water system for all new development.
Policy PW -1.3
Cape Canaveral shall cooperate with the City of Cocoa in establishing priorities for
replacement, correcting existing facility deficiencies and providing for, future facility
needs.
WESEM11
The City shall cooperate with the City of Cocoa in establishing and utilizing LOS
standards for water facilities. Two LOS standards are hereby adopted by the City: the
standard for consumption is 264 gallons per household per day; the standard for water
pressure is 60 psi.
Policy PW -1.5
Prior to expiration of the existing contract between Cape Canaveral and Cocoa for
potable water, service, the City shall review the systems performance as a guide to use in
negotiating the next contract.
fhe COv SI�afl 011S-�
g eq 1::i�sqppjjes h:) servv llevv dc, -mieTIL [)V c6udn'
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... .. ... ..... -------- --- ------ - -----------
f ro S, gi I - )n r' VV 11L it)'Ly
cet,tJfica1J()T1_ of_(. �apgcity IX) the CJ,t�7 (,(JC -�O t(� i� S r,� f I,
NAMUM31M
Assure that potable water is available to all existing and future residents and businesses,
even during times of dry weather. Measurement of this Objective is the extent to which
potable water is available to all residents and businesses and the degree to which the
following Policies are implemented.
Policy PW -2.1
The City shall cooperate with the City of Cocoa and the St. Johns River Water
Management District in establishing, utilizing and enforcing potable water conservation
strategies and techniques.
. ...... . ..... .... .. . ............. . ...... .. .....
INFRASTRUCTURE El,EMENT Page 7
Policy PW -2.2
The City shall investigate the feasibility of local implementation of the following water
conservation concepts: a water conservation public education program; requirements
for installation of low water volume plumbing fixtures; the incorporation of water
conservation concepts in landscape regulations; Lhe identification of areas suitable for
use of reclaimed water.
Policy PW -2.3
The City shall work with Cocoa Water System to evaluate water supply alternatives, and
to identify an emergency backup source of supply.
Q1,1jective PW3
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INVIVIRIA, tral"t ;
Assure that as much surface water as possible is allowed to percolate to. recharge the
shallow aquifer through the protection and use of recharge areas and natural drainage
features.
INFRASTRUCTURE ELEMENT Page 8
1"",egy'jopai
�NaO:er
LK' C"OVISid(yed %vi-Icri pre�-,�a: rb'is,
EViIIJLJ,.Ai()II MICI
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- ..... . ....... ...... . ....... . ... . --1-,---,------
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� P.-aL.-
INVIVIRIA, tral"t ;
Assure that as much surface water as possible is allowed to percolate to. recharge the
shallow aquifer through the protection and use of recharge areas and natural drainage
features.
INFRASTRUCTURE ELEMENT Page 8
Assure that, to the extent feasible, stormwater is allowed to percolate for recharge of the
shallow aquifer through the protection and use of recharge areas, and natural drainage
features. The measurement of this Objective is the level of the aquifer plus the degree to
which thefollowing Policies are implemented.
Policy AR -1.1
The City shall regulate land use and development to protect the functions of natural
drainage features and groundwater aquifer recharge areas,. This Policy will be carried
out, in part, by the City's enforcement of its Stormwater Management Ordinance for
retention and detention of stormwater and its land use regulations.
Policy AR -1.2
The City shall cooperate with Brevard County in enforcement of the ordinance requiring
recirculation of water for heat purnps which are connected to wells.
RENEWAB I.1 AN D AI.,TER1,VA'T1VE EJ'4ERG')1' ISCKIRCES
........ ....... .
GOAL,
Qanav(�ral shall sftNe to beconie a nior,L� sustainal)le an.d en.My efficietit
f j of the 21s' C,e]"ilur
-ty Y.,
Qhjn�ctive RA -1
.
'flte..... Q��,,ja,yyill_encour, reeirt buildi.ngsi— digds an,,d itneet inurc of its,energy
. . ........
needSby.1.�_gjyinL on flae use., of Kgriewabie and alternative energy, sources.
Die ci!,y," ltiall enCOLJrag!� �jw_nof rienewabille and alternative ene 1ges
. . .... ....... ........... ...... ..............................
in all neiv cons truictiora. I,E17D certification. shall fl an e Iored for nw� J, i
............... .................. = . ......... . . .......... I n c p�ij,
�,,,dj....... ,,rivate devejopm!�D!�,
p1giects and encoulr _ _,
. ............. .. . . .... ........ ........w...._ 1
1"olicy"II.A-1-2
The CitK-.,,jjqj( t drafliand_deye opp]tp!: regulations tat s L�
. ...... ---- . . ........ . ....h ..... ... Jt c..alk)r].
and use (,,)I' renewable and alternatih,,e �e SOUT"Ces",
INFRASTRUCTURE ELEMENT Page 9
OBJECTIVES and POLICIES
77
/i
r
lis r / ,,' sr
The City of Cape Canaveral, through cooperation with area wide transportation
agencies, shall continue to develop and coordinate a comprehensive, transportation
system that: serves the needs, of all segments of its population; is in support of the Land
Use and other elements of the Comprehensive, Plan; provides adequate and safe access
to adjacent land uses; promotes sound development policies; is an efficient and effective
use of public resources; and promotes the, efficient utilization of energy resources.
In conjunction with area wide agencies, Brevard County and the State of Florida, the
City of Cape Canaveral shall provide for a safe, convenient and efficient motorized and
non -motorized transportation system. The measurement of this Objective is the, safety,
convenience and efficiency of the City's transportation network and the degree to which
the following Policies are implemented.
Policy T-1.1
The City shall continue with development of a program to provide for the regular
maintenance and improvement of local streets so as to, maximize safe travel for vehicles
and pedestrians and reduce loss of life and property by reducing accidents,,
Policy T-1.2
The City shall work with the Planning Organization and
the Florida Department of Transportation in developing and utilizing level -of -service
standards at peak hour on all roadways within the City's jurisdiction, The City hereby
adopts level -of -service standard "E" for all roadways in the municipality as the
mindmurn acceptable operating level -of -service (with a desirable level -of -service "C").
leve�
14 o -F .... lx,44:er tht, City-
dfevvj of The City commits to maintain that
level -of -service si " a ' dJ i a rd and to not permit any further significant degradation
of that condition: (the cut-off point for indicating significant degradation will be a
volume to capacity ratio (V/C ratio) --to be interpreted as a maximum acceptable
volume ratio (MAV ratio)—of 110: at the point that the City detern-dnes that the V/C
ratio (MAV ratio) exceeds 1.10, it will trigger a procedure in accordance with the City's
concurrency management system to defer, modify or deny development orders or
permits which impact the roadway segment in question. In addition, once a
substandard roadway is improved to a level -of -service "E" or better, the new achieved
level -of -service will become the new ".n-taintain-and-iiot-further-degrade" standard.
A -REI �3 [las IXXTI -M-) A�;(,r,,
flie-
-fe+: Said -ro�KhAr"+',7
. ......... ......
Transportation Element Pa,ge 2
Policy T-1.3
The, City shall implement its policy of requiring all new developments within the, City to
prepare a circulation plan that illustrates adequate access to the City circulation system;
provides for the adequate design of local street systems, and coordinates with the
existing street patterns of the area.
Policy T-1.4
The City shall require dedication or reservation of future rights-of-way for major
components of the overall transportation network when development takes place in a
previously undeveloped area and when such future �rights,-of-way traverse or abut the
property to be developed. Furthermore, with respect to S.R.-AlA, the City shall take
steps to protect and preserve right-of-way to comply with the Maximum Through Lane
Standards by usftig such strategies as building setback requirements,
donation/ dedof-way by developers, advance right-of-way acquisition,
or enactment of a right-of-way protection ordinance.
Policy T -1.5
The City shall implement its policy of consideration of bicycle and pedestrian ways in
the plam-dng of transportation facilities.
At any time that a roadway within the City degrades to a substandard level -of -service
condition, the City shall commit to maintain and not permit further significant
,degradation of operating conditions on said roadway, and it shall also adopt a strategy
and timetable to enhance the operating conditions of said roadway.
The City shall control access of driveway-, and roads to SR-AlA; techniques such as the
following will be considered: limiting the issuance of access and connection permits to
the minimum necessary to provide safe access, using shared access points; using
frontage roads; or locating access points to parcels with frontage along two or more
roadways on the roadway of lower functional classification.
Policy T-1.8
The City shall support forms of transportation which are alternatives to individualized
vehicle use, such as: pedestrian facilities, bicycle ways, car-pooling, mass transit, etc.
Policy T -1.9
The City shall work with the FDOT in the protection and management of S.R.-AlA.
Transportatio�n Element Page 3
I'ofic,v , II , L Om
j- th rdaandpwaav kwel-of scrvid.e bcdow the aI I
d.ye" of service qLan(=L=,1rA( dev o iLLv
_Aoyft _ s shafl not be issucdutdc",Ng`w ljlc fiidity
in actcd �S on the N,fl -,C), �i f i ta I I t schcx uIc anid constn ction is
T J 'I
........... .... ------- ..........
t,;1ch.edult,"1d wid'iin the first tIvrec, p""!qrs, of hov� eviar,_Jhefacihtv is rlicA qdIeduk"'I withirl
. ..... ............ . .. ....
_yc,ars M' ldhe fivovcaj-___ca -it i III )rovement sche lu],_the GLy wffl
.......... .
calculhIlIP-a �tiunatv J'air contribution based orl the formula 12E2.yided in the
0 CI 0,
(SCM (IN3R.
Pohcv T-1-I'L The Citv Shall cor�tirluo, to �rnplerru:,nt Hhe curro�rfl[
-, . ...... . ....... . ...... . ...... .. .......... ... . .. ........ .......... .... ... .......
Mal I'll arIycll K,�] I t Svstorn fcir ro,nicjs as def n:, T I the Traffic Circulation
i jjVL
. ......... . .. ........ ........ . .... . .
F 'h"rilent. The I �'i iderib fied in Lhic, MOS t I'CCC'lIIt LChUOIr of Lhe
I"10r rLf I n t c) I a 1,n
q p
/Ice. Standardls (vT Gwidildi.t").es Manas
um] the
-
Standard to define hn,,cAs of Service,
....... . .......... . . ... ... .. ...... .. ... .......
T) -olif;,y_p wL I'lle (_'itv vViVI 1GDernand Strate "
IAH rpochfy
These ;Lrateoies i i_�
_p( ak hour travcj aiIId,_1_0duCC' tri ion J11 J1 hour. I
.... . ... ....... q-
iliclullu I,:)' e (I( strian,Joid.ycfin hrjoi bCLWINT1 LHI-) VIIC'MffaAOTS a31`ld attraictors, ari(,V21
devii1c) ) Ti%: ns I Orietgod ns_ to
ir ncreas,c,. transit us'e,
plicy Golf Cwrt Use 71.1c, Cilly vvffl. aflow &1111(1, WiR C%'a�UItO, - _0
j jidUS' ifflOVViRTI
............. .... .. ..... . .......... ..... . ........ . I� .... ... . ............. . ....
cart and 1,"V I ss �Ind OR' "iLICTOL111diml
ecltHc vd kj�
___ � �: - - 4:p
reskientkid ni.,iohborhoods as, as means of c,adrarrpd use of traclitional rnotorizo.3 vehides,
I a i a c a r n
Ev
mISL", "a
l'oficy Siclevvifl_ksailuj Bic�,7('J(° j'jfl]j3U, , ".J�y SlIaH evaluajq" the
.. .. . ....... --.I_.----_.._-..- ... . ....... .. . ... ........ . . .... ........ ......... ......... . . = ...
ncq�.,d for bikcnv'I_ y,,,; "irlild, ";kIcIcalks in for Ln� isj. )rtaiion f�acilffie,,� �arid n( 'VV
. .......... ......._.:a, - ----- E_k� I- 11-1111-1----,-""----"","-�"-"--�', ......... .. . ''' _ ,
andww_ 'itzfflaticin when ii[ is ,aie am"I
in,
CI _)tv and to
C0T1()TIdC,'.IIJV fi,�Idblc ais ��.In aIb21TIZfld%'V lne,�:Uas cif around1
, 1 C
c,
further r9 (Ri"Ce_ K4 t�
J)e /cl n-kent Practices ITIle C�ty herebiv (A L
a ( pjL� 111, J. enjorses, the
... . ...... ... ---- --------- - - ------ ___ - - --------- - -
d riaR
1Yririld[ Is of I vvnng',q ApIl 1996 "Best.LNwo-jo l Pnclilccs." The �11.v
... . .... ... I'll-l--,---,--,��,7�,�,��,�,�,�- � --- -1-1-1 -11-11---. 1. 1 — — . _ R I
aWaNN
c�jficaflv r(1q:gjrq 1,11 ej (111 k-nv in ��) J-)IJUld '?s for rc,skk�'nfial subtjivh;iotis�
shafl fi,)!' lhrcuu,oh 2cj no rpore Llmn '1/2 n1fle
I RWSWCULtial sul)(fivisjOlVi Shill], ZIRMA/ [01:' the use cf� trafl'ic cafrnnr �. ew.�ic 'S
................. .. ....... . . . .............
3, Ri�,,,sidential su[)chvisiorls 1:�c, dc�si�,,n,ed bo keep sq�Wccfii cxin localhstrects
. .1. 1-1 -.----- 11 - -1 1 1 11 � 0 1- 1 1 1- 11 - 1-111 111,1111, 11 - 11-111,11,
bE41()vv 20 rnr,h�
7, All e e 1, v M
d V, I -p ol ick.�J( ',P!,sdcnslrian friendlv, envi.n)nnients to
---------- - -------- --------
iriclude shortcutq IVI-Icung N/d r c
fl-"Ide JMA SIILIH d VC NO CICICShiiM udwr LOS
IN,av frorn �-JgN2
'LL'o—c'A a2a!4L 2fl buffering,
Transportation Element Page 4
K IJ I )S S]1�111 incor
"Ila tn",Vn,,.;j t � Brjeai'rta te(l i � os i i fezi t LI E(I : s �v' lis .,,re
- ------------------- - - — -------------
1!q,licy T-1.115l'lie City S[Uffl CLNWdfil-10140 )A/Lll Brovard, Coti orl a tn:16d and�
"Y
The City shall coordinate the traffic circulation system with the future land uses shown
on the future land use map or map series as development takes place. The
Measurement of this Objective is the degree to which the following policies are
implemented.
Policy T-2.1
The City through the future land use map shall ensure that the level of service "E" is
maintained.
Policy T-2.2
The City shall require new development to construct or fun.d road improvements to
meet the established level of service "E".
11n' C"111" NAIiH 1"I'VieW UIE�Tra'ffic CinIAAR)n I'lernents for d-ic CiN (.)I Coco,.: Bez�cli and
.. .......... . ----------
ffic'artaveral Port Autlaoirity ki order, �c!i insun" con'lal p
�'V:01) tb tiv(
J_ iji,
11gl),s and tl'ie_ 1'� t�L... I'llis st-iiall ri. 'it-of-Wa),
,�Iaris' of_J i
_ _-Wil ---------- - aaaa�uV �evel u�)I servicrt,-ti
sI a -civide for saff"� and e"fici0n,(,,cJ,!,YWiderogt�,»s I r
and [)�ke. 1,')aI,Ir systenis� to activity Lys parking facflities grkd resjdenial
L I ..... .. - -----
DI S
111( C ihT VAII C( � :BC ('11' no stralb-i
ace'l ri-'Icl"S"
The City shall work with the Florida Department of Transportation, Brevard County,
the Me-ko- 11
'f4an )rLih'p " i-> ' Planning Organization, and any other appropriate
transportation planning bodies to assure the necessary exchange of information to
coordinate the plans and programs of all the agencies involved as they relate to the
Transportation Elernent Page 5
overall transportation network within the City. The measurement of this Objective shall
be the degree to which the following Policies are implemented.
The City shall work with all relevant transportation planning bodies to assure that the
plans and programs of all the entities involved are effectively interrelated. I I [11V,UgL�_
t] le, '�%Jll arg-luall ixJe�v HFI)(')T5 Near �im] aH cif il's' to msuxe
. ... . ...... ....
arc, 4:oylsistent v6th ffiat (_4 FFUT� Tlij,,, shall
Uol it:'t,/.T-33-
o)()r1'Jh-iat(., vviLh Lhe.City of a Bh ac'h, the Cani�tem Pmj: AgtlioHty
.......... ------
-----------
gndBrov,�.:qd orl
th,e traffic circ� ikii fion s\Aern'
.. ... .. .... ......
Policy T-3.2
The City shall discuss with the Space Coast Area Transit Authority to determine if and
when transit service should be provided within. Cape Canaveral.
The City shall protect existing and future rights-of-way from building encroachment.
The measurement of this Objective is the lack of building encroachment on existing and
future rights-of-way and the, degree to which the following Policy is implemented.
Policy T-4.1.
The City shall require dedication or reservation of future rights-of-way for major
components of the overall transportation network when development takes place, in. a
previously undeveloped area and when such future rights-of-way traverse or abut the
property to be developed. Furthermore, with respect to S.R.-AlA, the City shall take
steps to protect and preserve right-of-way to comply with the Maximum Through -Lane
Standards by using such strategies as building setback requirements,
donation/ dedication of right-of-way by developers, advance, right -of' -way acquisition,
or enactment of a right-of-way protection ordinance.
Policy T-4.2:
The City shall continue to enforce and update as needed the current ordinances that
provide for right-of-way encroachment protection for new and existing buildings.
Transportation Element Page 6
Tj 3:
'I rziffic Cibv, slud � consider. a rcL Jirume.nt fon
r c,)v
- ------------ ----- IR
redev k
ntJO j2roNjcje a traffic, n t,N11-lich fflush'atc's sa,fi' acces's lo the
aril d coord tc the ex�stim�3' strou,
ilta i..l !�Sjcifj traffic, flow �Ajtll_ t
........ --------- ..... . ..... --- - .. . . ......... ...... -.4.4- .... .... . ..
ci t k2l on an unav r:iddress, nw� ,Jiat'i culs a"tccderahon and deleri'lHon lanes, storzwe
turi-I I ]'OSS' S(allda�cj,,,, for
adoptc4j i,n. th.e
1'cdicv''F-4,4:
7,wpmc"rd -- In its review c� I
�of deN ( , - 1ftv will c4rch"111V revccvv
pfs.➢1310sccj ac!4 J-. Ijnts arld lirnit theill k) ��jjde re�,.isonablc access [c) flu site a.rld
.... . .... ........ . ... .
addril:,"'s s,�,,Ifetx 1,"a,iq,UJIV fi'Olftal�)V rcuds, shalvd access
.... ...... ........ . . . . . ........ . ... . .
aric resbj� tM0%WTWR'I)L5 %if1h(TC 1101� CS N?'
..... . . ............ . .... . - ------ -
Transportation Element Page 7
r ie
V
r 1i
The overall goal of the Recreation and Open Space Element is to assure that citizens of
all ages who reside in Cape Canaveral are provided with a system of facilities and
programs to ineet their needs for active and passive recreation.
The City shall provide access to all of its presently identified recreation sites, including
the Atlantic Ocean Beach and the Banana River. The measurement of this Objective is
whether or not all citizens of the community have access to such sites, and the degree to
which the following Policies are implemented,
Policy R-1.1
The City shall continue with its current efforts to obtain and. maintain additional public
beach access points for passive recreation or conservation.
Policy R-1.2
The City shall investigate the feasibility of acquiring and or developing land on the
Banana River to provide public river access for passive recreation or conservation.
Policy R-13
The City shall cooperate with all government agencies tom.axinuze the use of available
facilities.
Policy R-1.4
The City shall require that its parks and recreational facilities be available and accessible
to the handicapped.
Policy R-1.5
The City shall evaluate and implement appropriate measures to protect park, open
space, and recreation areas within the City from the adverse effects of encroaching
urbanization.
The City shall cooperate with other public and private entities agencies in the provision
development of resources to meet recreation demands. The measurement of this
Objective is the degree to which the, following Policies are implemented.
RECREATION ELEMENT Page 2
Policy R-2.1
The City shall continue to work with all Governments agencies and or private sources
for funding and/or development of recreation facilities such as bikeways.
Policy R-2.2
The City shall continue to require that certain recreational facilities be provided as a part
of large developments.
xmz��
The City shall determine its need to develop, own and manage open -space areas. The
measurement of this Objective is the degree to which the following Policies are
implemented.
Policy 1:-3.1
The City shall inventory available open space tracts and decide which ones (if any)
would be most suitable given the City's needs and financial resources. This process
shall include citizen input.
Policy R-3.2
After the City determines which tract(s) that it wishes to acquire (if any), it shall include
the, activity in the Capital Improvements Program and take any other steps necessary to
acquire and manage the open -space property in question,
Policy R-3.3
The City shall ensure that open space standards and definitions are included in its Land
Development Regulations.
Policy R-3.4
The City hereby adopts the following level -of -service standard for open space: two acres
per one -thousand population.
As deficiencies in recreation facilities are identified, the City shall seek new areas and
facilities, to overcome the deficiencies.The measurement of this Objective is the degree
to which the following Policies are implemented.
. . ...... . ........ ........... . . . ......
RECREATION ELEMENT Page 3
Policy R-4.'1.
The City shall moudtor the need for additional recreational and open -space areas and
strive for 3 acres/ 10001 population for all parks.
Policy 1-4.2
The City hereby adopts the following level -of -service standard for passive and active
recreational use for the provision of park land: 2 acres /10,00 population for all parks.
I'glicy. R,43
...... . .......... . — - - --------- ----- . . ........
RECREATION ELEMENT Page 4
GOALS, OBJECTIVE -S and
POLICIES
-777
i
Assiure that existing and future residents of the, City of Cape Canaveral have access to
safe and sanitary housing at an affordable price.
Periodically review and update the regulations and limitations regarding housing
construction in the different zoning districts of the City in order to maintain and/or
upgrade existing standards of housing in terms of floor space, lot size, etc. The
measurement of this Objective is the actual review and update of these regulations, plus
the degree to which the following Policies are implemented.
Policy H-1.1
The City shall continue to review and update of the regulations and limitations
regarding housing construction.
Policy H-1.2
The City shall adopt updates to the standard building, housing, plumbing, electrical and
similar codes as these occur and as feasible.
MEN I I ME! R PON I IIII I I �ll�illi�
2411
The City shall identify and implement measures which facilitate the provision of
additional decent, safe, and sanitary affordable housing in the community to address
the uranet housing needs of the lower-mcome segment of the population. The
measurement of this Objective is the extent to which housing needs are met for the
general populace, lower-income families and those with special needs, plus the degree
to which the following policies are implemented.
Policy H-2.1
The City shall work with the private and non-profit sectors, as well as with other public
entities to improve coordination among participants involved in housing production.
Policy H-2.2
The City shall periodically review the regulatory and permitting process and will
improve it as deemed necessary.
. . .... . . .... ---111-1-1-1 . ........... .
HOUSING ELEMENT Page 2
Policy H-2.3
The City shall utilize existing and updated standards addressing the quality of housing
and the stabilization of neighborhoods and identification of historical buildings.
Policy H-2.4
Communicate with the Brevard County Housing Authority to facilitate federal, state
and local resources to increase the supply of affordable housing for low- and moderate -
income households, and elderly/ handicapped residents.
Protect existing and future neighborhoods from impacts that would negatively affect
the quality of the residential environment and eliminate substandard housing
conditions and work toward the structural and aesthetic improvement of existing
housing. h,.iye,s
stl i� : d ar� assksr�iera
-,jL�epare .. ....... ... . ..... .
�s il,,bsta]lda]-C] 110111S6110 Ul-fltS ZIS C10 �fl 17�N' [ �' a � m'?(' �[
---------------- - - C. IL i
. ...
MI�]JUr�11,ig ura
, soces yaflable (.� til Fie hiLfividiml str�uft�res' to a suu'�,�Jard
.... ...
-- -- ------------
('01'1(.fifi or�. The measurement of this Objective is the number of substandard housing
units eliminated and the amount of structural and aesthetic improvement of existing
housing, plus, the, degree to which the following Policies are implemented.
Policy H-3.1
The City shall, as needed, develop principles and standards to guide conservation,
rehabilitation and demolition techniques and strategies to upgrade housing within the
City,
Provide adequate sites for low- and moderate -income families and for manufactured
homes,. The measurement of this Objective is the number of sites for low- and
moderate -income families and for manufactured homes within the City, plus the degree
to which the following Policies are implemented.
Policy H4.1
The City shall cooperate with the Brevard County Housing .Authority to make available
the Rental Assistance Programs for low- and moderate- income families.
Policy H-4.2
The City shall develop principles and criteria guiding the location of housing for low -
and moderate- income families, includi-tig supporting infrastructure and public
facilities.
- - - - - - - - - - -
HOUSING ELEMENT Page 3
Provide adequate sites in areas of residential character for group homes and foster care
facilities licensed or funded by the Florida Department of Health and Rehabilitative
Services, The measurement of this Objective is the number of sites available for such
facilities, plus the degree to which the following Policies are implemented,
Policy 1-1-5.1
The City shall permit housing for low- and moderate- income families in manufactured
homes, group homes, foster care facilities, and households with special needs, including
supporting infrastructure and public facilities as defined, licensed or funded. by the
Florida Department of Rehabilitative Services shall be permitted in residential districts
The City shall take steps to identify and preserve all historically -significant
qtr uctgres to include funding for, an archeological/ historic property survey of the City.
As in the City attain historical significance, such ]io4ii-sitig �,';tYLIC'tures
shall be identified,,: _'1111e..C_�i_tys iL INI( 110 Wit]lj. ein2j.)19'lri� 1(�
_4L L= ."'T' "I
for de�ii�'-nitinv ['Iistortca� stnu.,tures co�isisacnt yvitli fjorici�,�l
........ ...... .. . ........ . ............. ..
�vlas�.cr Site F"I Mitioir��: I R � ister of I li�,'Ibori� fllace,,�� or (I)LI �01' d� 'si-I z' tjZ� c�'tity�
- : . _�:z ............ I ... ...... . �-10'1__P _Y1111111
Policy H-6.2
The City shall consider arranging for a systematic, professional, architectural and
historical survey to determine the possible presence of historically -significant
within the City.
Policy H-6.3
The City shall consider the adoption of an appropriate Historic Preservation Ordinance
to assist in the preservation of historically -significant �)tW!'46_1)",'
Policy H-6.4
When Brevard County establishes a Local Register of Historic Places, the City shall
periodically exchange information with that agency relative to any historic places in
Cape Canaveral.
. ... . ................
HOUSING ELEMENT Page 4
Provide necessary relocation housing. The measurement of this Objective, is the
provision of relocation housing when it is needed, arid the degree to wluch the
following Policy is implemented.
Policy H-7.1
If occupied housing is eliminated by City action, relocation housing and/or assistance
shall be provided as required by law. (Section 421.,5,5, Florida Statutes)
Formulate housing implementation programs. The measurement of this Objective is the
end product plus the degree to which the following Policies are implemented.
Policy H-8.1
The City shall investigate and evaluate various housing implementation programs in
order tofl.:)rti �ul,-ate c-tetenriine, those programs which are best for Cape Canaveral.
Policy H-8.2
The City shall investigate and shall decide which, if any,�Jie Val'iOW" 110 iii f
. . .......... .
shall be used by the City.
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.
Policy H-9.1
The City shall encourage residential developments such as Planned Unit Developments
to provide a variety of housing types and cost ranges.
The City shall prof-dbit placement of mobile homes, outside of mobile home parks,
HOUSING ELEMENT Page 5
Policy H-9.3
The City shall promote single-family and other low density housing types to balance the
many high-density residential developments in the community.
Policy H-9.4
The City shall encourage innovative housing development and creative residential land
use arrangements through the development regulation process.
.. ... .....
HOUSING ELEMENT Page 6
T,
J
rr.
ES and POLICIES
NM►r �y
The overall goal for the City of Cape Canaveral for future land use is to c+isilF4
the proper relationship among residential, commercial, industrial, recreational and
other activities in order to maximize the efficient use of land, accessibility to the
circulation system and general compatibility among the land uses.
The City shall coordinate future land uses with the appropriate topography, soil
conditions, and the availability of facilities and services. The measurement of this
Objective is the coordination of land uses with the above parameters and the degree to
which the following Policies are implemented:
Policy LU -1.1-1:
The City shall require soil borings before development takes place to assure that the soil
is capable of bearing the structure(s) proposed.
Policy LU -1.1.2:
The City shall require developers to provide for the local sanitary sewer, reuse and
water systems to serve their developments,
Policy LU -1.13:
The City shall require developers to provide for the following on-site infrastructure
irnprovements for their projects: drainage and stormwater management, open space,
safe and convenient traffic flow, and vehicle parking.
Policy LU -1.1,4:
The City shall apply its adopted level -of' -service standards to a proposed development
before allowing the development to take place.
Policy LU -1.1.5:
The City shall require large scale residential development to provide an adequate range
of services and facilities in accordance with the character of the development, and to
reduce the direct or indirect cost to the public sector in providing such services and
facilities.
LLF,'Ihe City shall work toward redevelopment or renewal of
bligfibed si*44 areas. The measurement of this Objective is the k-lck reck�clfioi)
FUTURE LAND USE Page 2
of tl-nor r�iudxl' of blighted areas and the degree to which the following Policy is
implemented.
Policy LU -1.2.1:
The City shall enforce its housing and building codes in an effort to prevent any
blighted areas.
The City shall worn toward the elimination or reduction of uses inconsistent with the
community's character and future land uses. The measurement of this Objective is the
consistency and compatibility of land uses within Cape Canaveral and the degree to
which the following Policies are implemented.
Policy LU -13.1:
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).
Policy LU -1.3.2:
The City shall. require new development to be compatible with adjacent :land uses,
Policy LU -1.3.3:
The City shall. enforce its requirements pertaining to densities and intensities of land use
in each land -use category—i.e.
*11-1, Low Density Residential: maximum 5.808 lots/acre.
*R-2, Medium Density Residential and Townhouse Apartments: maximum 15
units/ acre.
*R-3, Duplex/ Multi-Fan-iily/Townhouse Apartments: maximum 15 units/acre.
*M-1, Light Industrial: maximum, 4.356 lots/ acre.
*C-1, Comn-tercial: zoning regulations impose a variety of requirements,
depending upon type of use.
*C-2, Commercial: zoning regulations impose a variety of requirements,
depending upon type of use,
FUTURE LAND USE Page 3
CON, Conservation
The City shall enforce its regulations for protection of natural resources and historic
resources. The measurement of this Objective is the extent to which natural and historic
resources are protected and the degree to which the following Policies are implemented.
Policy LU -1.4.1:
The City shall continue to enforce its regulations which protect environmentally
sensitive land. (e.g. wetlands, beaches and dunes)
Policy LU -1.4.2:
As historically -significant properties are identified, these shall be designated and
protected.
Policy LU -1.4,3:
The City shall maintain a list (including locations) of archaeological sites to cross-check
against locations of proposed development before issuing a Development Order.
The City shall coordinate coastal area population densities with the local hurricane
evacuation plan. The measurement of this Objective is the density of population in the
coastal area and the degree to, which the fol,lowing.Poficy is implemented.
Policy LU -1,5.1:
The City shall continue to monitor density of developments, especially in the high -
hazard areas.
shaH gnen(] tl�ie RMIJIV Lat"KI,
.. ........... ..... ------- .... . ..... ... . ....... ..... ..
Area� The 2as 1 lfl-fi Finzcard
... .... ... Alrea JS defiried a!s tht� grea:. [)(flow Qw.
. .......... 1--2-1—
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............. .
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----------
FUTURE LAND USE Page 4
Objective LU -1.6:
The City shall attempt to prevent urban sprawl. The measurement of this Objective is
the extent to which urban sprawl is prevented, and the degree to which the following
Policy is implemented.
Policy LU -1.6.1:
The City shall work toward development on infill parcels.
Policy LU -1.6.2:
The City shall encourage projects which are adjacent to existing public infrastructure.
The City shall ensure the availability of land suitable for, utility facilities necessary to
support proposed development. The measurement of this Objective is the availability of
land for utility facilities.
Policy LU -1.7.1:
The City shall continue with its policy ofrequiring developers to provide, local sanitary
sewer and water lines at the time of development.
Policy LU -1.7.2:
The City shall continue to cooperate with the Cocoa Water Department for locating and
obtaining land for additional water facilities which may be required to be located within
Cape Canaveral at some future date.
The City shall work toward the use of innovative�iiixed pse L.iml tyse: cIas.s.ffJ.c..@.I.J
land development regulations t�::�, i9 the reir
on-trq(j')&,JJoris of,' Qi(- 2009 Vision1l"112
U;C cklv(doRm!"2 e
... . .............. . .
The measurement of this, Objective is the extent to which innovative la:rid" and
land development techniques are allowed and the degree to which the following
Policje�a jill implemented.
11�jjcy l q "I 8 I
The sI)aIl oiini
---------- - - -
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A f -1111c" ixed Us�
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. ..... .... . .............. . . ............. . .
Mffiirl, a l! l ffi )IL, qy l Lo (.nwouraie flexibic and. &_'s
-------------- -
l�ntial nei bJ-d
clri(,x,)s fror�i d verse h:iwads of
........ .. .. -----------vsiclk.,44 j ........... a
arld, rc, (IUCO 11R.'r t' 1:q 11e. D('SEh'r Use
i 11 frgstn((� ,
..ifia
.........
FLU oii the FLU NtAp jQihi the Cil,�,, alld rsUit Shall be
based tlp��)n Ilae fofl()k'VIIl(Y I SIRICIS factors af�l]
_ -11-11111-1-11 -1-1 --- -11-1-- .� .......... . . . .
A, ['rqy udc for [Iie con'ij:?gj flih/ C)f OIJMNA, L1111LI Usej: wl.�icji would collsist of
.......... . . ........... ................... ...... .
aver vicf.'� rellfil, coiiirilercial' gffice E� )I ?I [c� arld resideraial LISOS 1,111%)UPI'l
X
QLe jrl'i[ djienietiulffilil of
kirl(jjlevelo !g!
........ ...
K E �ap v
de'%/c )rgent adjvitj�.'S 4) 001'dirl�ItC IA'itfi CX at R'Side WN'
........... . . .. . ..............
qVljj ipertv owriers IL'I'lf)R�,)I-Lj",I"i"tl,r$�:d,, HIC of acie(, Lj,'A� Liblic fa(JHLnes aml
I'rcvvictifor as ilvo( I fol� ilIfI'aSh.UCWT'C b'V affi')IAJI-�P k� rl(!
.......... . . .. . . ............ ..... . . ....
atid other fai-jlifics,,
...... ... . .. ..
FXiStiia t
SiM)IC USC Lll�`VVIO 11
_41 I ---T I V . ... ............. . ..
-Is ill rior to lhe �atio�� of Ole larld a's'
Mixect tJse I'V . ......... f� Ilia[ c,",'ali restured ill aIICCOT&111('i? Witil
-1 ��? a� corp,
L't),e cllrmut zoldll��, u:Ijsh'ict SLlrl('fi'-1r S a !nca tot I
i Ativllid"111[ on-'(;ite fadHties syiji ai utitiLieLi, shlth'7hn"Od, racilifies
rk fi?" ia b'd �'o otl-ner �u d 's - 12IJ2 Lic oo Ye(, �rci a I � ii�,) � i �,-i r � a s,
Z�Ild �2
. . ........ ...... ...... ...
Policy LU -1.8. .12:
'
The City shall allow planried unit developments (PUD's) with proper review, using the
following specific criteria.
1. The PUD is an area of land developed as a single entity, or in approved
stages,, in conformity with a final development plan which is intended to
provide for a variety of residential and compatible uses and coon space.
2. The PUD is a concept which permits variation in residential
developments by allowing deviation in lot size, type of dwelling, density, lot
coverage, and open space from that required for any one residential land -use
classification under the zoning regulations.
3. PUD procedures and standards will have the following objectives:
K. Accumulation of large areas of usable open spaces for recreation
and preservation of natural amenities.
B. Flexibility in design to take the greatest advantage of natural land,
trees, historical and other features.
FUTURE LAND USE Page 6
C. Creation of a variety of housing types and compatible
neighborhood arrangements that give the home buyer greater choice in
selecting types of environment and living units.
D. Allowance of sufficient freedom for the developer to take a
creative approach to the use of land and related physical development, as
well as utilizing innovative techniques to enhance the visual character of
the City of Cape Canaveral.
E. Efficient use of land which may result in smaller street and utility
networks and reduce development costs.
F Establishment of criteria for the inclusion of compatible associated
uses to complement the residential areas within the planned unit
development.
G. Simplification of the procedure for obtaining approval of
proposed developments through simultaneous review by the City of
proposed land use, site consideration, lot and setback considerations,
public needs and requirements, and health and safety factors.
H. PUD should utilize economical and efficient use, of land, utilities
and streets, and other infrastructure.
4. No PUD shall be approved by the City until such time as a PUD
ordinance is adopted by the City; this PUD ordinance shall be an up-to-date type
of ordinance based upon the criteria specified above.
The City shall alleviate the impacts of inadequate public, facilities and services,
substandard structures and lot configurations in the blighted or other affected areas in
the County through redevelopment and beautification activities.
Policy 1.91:
In July of'1995, the City identified areas, prepared and adopted in the State Route AlA
Beautification Plan and. Redevelopment Plan (B&R) and in order to improve traffic
circulation and to provide for aesthetically pleasing and environmentally sound
commercial, office and residential opportunities, consistent with this Comprehensive
Plan. At a nummum, the following criteria shall apply:
CRITERIA:
A. The h Plans shall be coordinated with the availability of the
following public facilities and services at the levels of service adopted in
this Comprehensive Plan: roadways, potable water, sanitary sewer,
drainage, solid waste and emergency services.
B. The h Plans shall. be coordinated with transportation
improvements including marginal access, existing roadway networks in
the study area, reduction of access points, parking, pedestrian and bicycle
facilities and mass transit.
C. The B&R Plans address the impacts of redevelopment activities on.
the natural systems, Redevelopment activities shall be conducted
consistent with the Conservation, Coastal Management and Surface
Water Management elements of this Comprehensive Plan.
D. The C. Plans provide for the visual continuity of the study ar
throu,Vji landsca.Eing e and arcEtitectural. and desicm recii
E. The Redevelopment Plan addresses economic development
strategies such as business recruitment, commercial revitalization and
marketing campaigns.
F. The Redevelopment Plan shall identify housing and other
structures which are substandard and shall address measures for
rehabilitation or replacement.
G. The B&R Plans shall be consulted with the various decision-
making task forces, comprised of a balanced set of representatives from
all affected parties in the City of Cape Canaveral.
-1.i) 20.0.7-t1i12L(.,I,�jgred a 11�in ffi�iG addresseti hnd
............. . . ....
INILCT t 1� ggj!j ')tl _M`1�(� YrlceVllti 'CS ).'1'1rO11'1OLeu[-�urfl an�] u
-P t
a "to%vn c(JJtC[it 1:J) 111
in tie. -i t a H gu i of 11w
. ... ... . ..... .. . ......... .
ies under 1-aild fj",(' (,If tj
w e(.A
N,,o iri�' nt
The City shall strive to coordinate with the Brevard County School Board with
regard to the location of future public schools within the corporate boundaries of
the City.
Traditional types of public schools (high schools, junior high/middle schools, and
elementary schools) shall be an allowable use in all Future Land Use categories except
the M-1 Industrial and PUB Public/ Recreation. The City shall be cautious, and attempt
FUTURE LAND USE Page 8
to reduce an impact of school siting and its compatibility to other uses for the Future
Land use category that may be impacted.
Policy 1.10.2
High schools shall be required to be located on c,ollectnr and arterial roads.
Policy 1.10.3
The City of Cape Canaveral, in conjunction with the School District, shall seek
opportunities to co-Iocate schools with public facilities, such as parks, libraries, and
community centers, as the need for these facilities is identified®
FUTURE LAND USE Page 9
i
yF
GOALS, OBJECTIVES and POLICIES//„ /ii,,,,,// a/6✓,,,..�i✓ir, /�i��,,,,,;, /,,./l/u„ I„!/, i�,,, � i/ ,� „ i/ �,oi: i,,, ..,, /L��i% , � ,,,,u, . ✓ i / ,,,,,��;, � „ii � %//,/iaG/ �.<'„ �, i///io �� / �, ,,, ,,,� / / lw,� .,,'f
/
T.he overall goal for the Capital Improvement,-, Element of the City of Cape Canaveral is
to provide a program to, coordinate the timing and to prioritize the provision of capital
improvements which support the goals, objectives and Policies of the City's
Comprehensive Plan and encourage efficient and fiscally -sound utilization of public
facilities; this includes the, principle that the Capital Improvements Element is to serve
as a tool for decision-making by the City government.
The City shall utilize the Capital Improvements Element as a tool to ensure that capital
facilities are made available in a timely manner to satisfy existing deficiencies,
accommodate infrastructure needs for planned future growth, and replace obsolete or
worn-out facilities. The measurement of this Objective is the degree to which the
following Policies are implemented,
anti
oiitk*4<, A Five feat Srhedtil(" of.( i, it:ijI,) tBJ
...... . .... .
hi Hie rehci,iske Plan. J`he�CapiLfl E e ne I T1 J `?-)(ear
=.i -P . .. .................. . . .. .. . . . h"I 1i
Scheijiile of Ca
..:Jig h(� ii )dated on. an L)zisis, The annual
2 .. ............. ::: _T -- -----------
is to hi, reflected I)y U) th0_C0,1 st 1, I,�
rljzL� h!� I IS i Vl(' N�111) Wh�(+[ U110
---- . ..........
Z (kil: ted hy Die��,einbet1 of each veai%
Policy CI -1.1.2:
The City shall, accommodate the public facility needs of new growth on an ongoing
basis.
The City shall evaluate public facilities necessary to correct existing deficiencies and to
provide for future growth by determining the capacity of existing and planned facilities
to meet the needs of new development. This evaluation shall employ the level -of -
service standards adopted in the Comprehensive Plan fore sanitary sewer, traffic
circulation, drainage, recreation and open space. These level -of -service standards are as
follows:
FEW N
CAPITAL IMPROVEMENTS Page 2
City of Cape Canaveral
* Open Space: one acre/1.000 population
B. SANITARY SEWER: 118 gallons per person per day
C. DRAINAGE: retention of the firstmch of rainfall for new developments, and
a de,sign storm of 5 -year frequency and one hour duration with rainfall of 3
inches per hour and removal of excess water within 3 hours ofthe event.
E. TRAFFIC CIRCULATION: minimum level -of -service standard "E", with
desired level -of -service standard "C"; plus use of "interim" level -of -service
standard as defined in Policy T-12 in event of an "I'" condition.
I
* Pressure standard: 60 psi.
law a 181111 41'' 11���
G. The uniform, district -wide level of service standard for permanent capacity,
based on the Florida Inventory of School Houses (FISH) capacity, is as follows:
TIERED LEVEL OF SERVICE BY SCHOOL YEAR
Facility
Type
2007-08
2008-09
2009-10
2010-11
2011-12
Elementary
127%
130%
115%
105%
100%
Middle
Schools
122-X,
120%
100%
100%
Jr. High
High
133%
139%
135%
130%
110%
115%
105%
100%
100%
100%
Note: See analysis of the Public School Facilities Element for detailed information on
LOS Standards,
POLICY CI -1.1.4:
The City shall employ the usual policies and procedures of its legislative, administrative
and fiscal system to ensure, that the City's share of funds for the capital improvements
specified in the Capital Improvement.-, Schedule and Budget and included in the Annual
Capital Improvements Budget are identified, made available, authorized, appropriated,
and expended for the intended purposes.
CAPITAL IMPROVEMENTS Page 3
City of Cape Canaveral
POLICY Cl -1.13:
The City shall allocate costs of new public facilities according to benefits received by
existing and future residents.
The City shall adopt an Annual Capital Improvements Budget as a part of its
annual budgeting process which is consistent with the Capital Improvements
Schedule and Budget of this Element. The measurement of this Objective is the
extent to which it is accomplished and the degree to which the following Policies
are implemented.
POLICY CI -1.2.1:
Annually, the City shall prioritize traffic, circulation improvements based upon its
established level -of -service standards, and the City shall consider the following factors:
the volurne-to-capacity ratio of each City roadway; the roadways based upon the
established level-o.f-service standard and the highest volurne-to-capacity ratio shall be
ranked highest for improvements. Trqllsp,irtqbon facilities to a_cncurrerwv in
8&Gq M"
fj'afu:"wraith the CflVs Qbgcurrefi4',�r
Mam a 11(2 L The CRy sl'nifll use
_Jcc[irli( ( s for for autoaioH1c,',,""'
-tratis
POLICY CI -1.2.2:
Drainage improvements shall be identified and ranked based upon a drainage system
condition. 'I'lie drainage improvements will receive a ranking according to facility
deficiencies measured by the applicable level -of -service standard.
The City shall rank sanitary sewer and water facility improvements based upon the
following factors: established level -of -service standards; locational criteria of the Future
Land Use Element; the degree to which they eliminate public health hazards; the degree
to which they improve the treatment levels for pollutants, and the degree to which they
project that the natural environment. The highest funding priority shall be given to
projects addressing facility needs for development approvals awarded prior to adoption
of the Comprehensive Plan.
KNINCIVANNow
The City shall rank recreation and open space facilities based upon their ability to attain
or maintain the established level -of -service standard; the degree to which they promote
the efficient operation of existing facilities; and the degree to which they eliminate
handicapped -access problems. Factors for prioritization are: facilities which will
correct the greatest facility deficiencies based upon the established level -of -service
CAPITAL IMPROVEMENTS Page 4
City of Cape Canaveral
standard will be given the highest ranking; facilities addressing the operation and
maintenance of existing facilities shall be given the next highest ranking.
POLICY CI -1.2,5:
The City shall insure that the Annual Capital Improvements Budget Contains all of the
City's capital improvements for which funding is needed. during the year in question,
including, but not limit to, the items in the Capital Improvements Schedule of the
Comprehensive Plan.
POLICY CI -1.2.6:
The City shall adhere to the following debt management criteria; the ratio of total debt
service to total revenue shall not exceed .1, or 10%; the ratio of total capital debt to the
taxable portion of the tax base shall not exceed .1, or 10%; there shall be no limitation on
the use of revenue bonds as a percentage of bonded debt.
flit I'll s: c it ensure T u aciiity expe o not unnecessNr-1Ty7su75s1cLizT
development in high -hazard coastal areas, except for expenditures for public land
acquisition. or enhancement of natural resources. The measurement of this Objective is
the degree to which public facility expenditures are restricted in high -hazard coastal
areas, plus the extent to which. the following Policies are implemented.
POLICY CI -1.3.1:
The City shall not locate public infrastructure (other than public recreation., open space,
conservation, or coastal access, facilities) within the high -hazard coastal zone unless
there is no alternative.
POLICY CI -13.2:
The City shall require developers in high -hazard coastal areas to provide sanitary
sewer, water, drainage, and circulation facilities for new development, thereby reducing
the amount of public funds needed for such improvements.
The City shall insure that prior to City approval, all development proposed for coastal
high -hazard areas meets FDEP requirements.
The City shall provide the public facilities and the funding required for future growth
and redevelopment and that new growth pays for its fair share of these facility costs.
CAPITAL IMPROVEMENTS Page 5
City of Cape Canaveral
The measurement of this Objective is the implementation of LOS standards and the
degree to which all users pay their fair share of public facility costs.
POLICY CI -1.4.1:
The City shall continue to enforce, its adopted impact fee ordinances for sanitary sewer
and fire protection.
The City shall continue to require that developers provide the on-site facilities for
sanitary sewer, water, drainage, and transportation for tlieir developments.
The City shall consider whether other types of impact fees are necessary and
appropriate (e.g., transportation or recreation impact fees).
The City shall support the Brevard County School Board in its efforts to provide
a financially feasible public school facilities program,
The city shall coordinate with the School Board in its efforts to address existirig
deficiencies and future needs consistent with the adopted level of service standards for
public schools.
By December 1, 2008, The City of Cape Canaveral shall adopt as part of its
Capital Improvements Element the Brevard County School Districts Five Year
Work Program approved by the School Board May 13, 2008 as part of the School
District Budget. The Five Year Work Program includes planned facilities and
funding sources to ensure a financially feasible capital improvements program
and to ensure the level of service standards will be achieved by the end of the
five-year period. And by Decernber 1 of each year thereafter, the City will adopt
the annually updated School District Five Year Work Program as part of its
Capital Improvements Element.
. . .. ........ .
LIMPROVEMENTS Page 6
City of Cape Canaveral
POLICY CI -2.2.2
Proportionate Share - The City shall coordinate with the School Board as provided in the
adopted interlocal agreement to ensure that future development pays a proportionate
share of the costs of capital facility capacity needed to accommodate new development,
and to assist in maintaining the adopted level of service standards, via impact fees and
other legally available and appropriate methods.
CAPITAL IMPROVEMENTS Page 7
City of Cape Canaveral I
141,
7.0 Proposed Amendment Considerations
Based on the data and analysis reviewed by the EAR, proposed amendment considerations to
each element are suggested. This section will break down the proposed amendment
considerations for each element as related to:
1) Review of the Existing Goals, Objectives and Policies (G Ps) - taken from Section 3.0 -
assessment of the Comprehensive Plan.
2) Public Input/Majo,r Issues - these issues were identified in the series of public information
sessions as referenced in Section 2.0 - Public Participation Activities.
3) 2007 Redevelopment Plan (prepared by the Business and Cultural Development Board) -
include issues raised during the preparation of the 2007 plan.
4) Special Topics - as discussed in Section 5.0 and required. by the State of Florida.
5) Legislative changes - as discussed in Section 4.0 and required by the State of Florida.
Por eac T etelnen, fie I Tmaxion Mi 0een nto su =-sections as previous y iscussect in
the document. These are proposed considerations for amendment as part of the EAR -based
amendment process.
1 111111''1 1111111:11111111
III ilki JAMBI 31, 51011Z
® All the Objectives should be measurable or have a measurable target. This
IVWMMCII(Ilafioui i i lies to all elea:neill s aml (""hv a�as to(] to nla��c� all (), "q_tjves
. . ........ - -- - ------------ - -
MeWA1f'di1)1e,
® Update GGNPs (and/or cross reference) as necessary to reflect 5, and 10 year planning
timeframes. Hiros rco�mueiikht6wi � plies w, aH cJepx,,,pts,_ JJ'vc the S�Iort ten'n
. .............. .c .
10 yezit's i�1111 e-Jigipg te�np.
. ................
• Revise the Canaveral Port Authoritytitle, t s now known as the Port Canaveral
.- ii
Authority.. tii,ie i,� (..',atiaverai f1co A,vdlorM"
"11111d is 11-eflecled i11 the-coll
IIII IN iiiiiiiiiiiiiiiiiiiiil�l
111112111 1 , 11V � I
�ii 11 X IIIIII III I III I I III I I I i III III 11 11 1111111
Consider addinp, new policies to IG- I in the ICE to:
® Establish a Community Redevelopment Agency (CRA). Ufa c jy?Jcy i,- 4. 1.
• Evaluate the potential of participating in the Main Street program. Crr ,ay rjoes
NIa)/c a txa(fiticj�.I��I� dmvgtowr,� or a iconimcr(Ja� cepter, UICIV601'C, OIJI' CWTCF)t �Jlkit",AiQll
. ....... . . ..... ..... . . . ..... .... ...
�s iwt coriducive 16r a sl�I"d
c
ii, Hic 2001) Visiortijig I
caHs i'or a
------- ------ ......... ..
"town agd s'uiff JS CAH`IViltIv �:IddieS�Jrut el�abii�io
............ . ------------- .. ....... .
flh,.ka Ji,�a uU"u stiJa dcveiop!DOL Nko ffile Focull,
,,M CIUH'CniClls
auiui I-jeeii eialflisiled to sun
........ .......... .. .
logll
Develop a City "brand" or identifiable character which represents the core values of the
community, :c ) - 1.42Dc'XICI(j,)Ir�egt ol, City `jt> ,uid lips ako
ndc.Mfl [jed itu Lhe 20�10 Flcou"1011uic Dc� A,cdon P[pn,
Review the redevelopment plan quarterly, with the next complete update due in 2012.
P�ffl) ShOU11(j IX' lVNjCINI/1l.,d uupnru l r, [)LAt [his tkes u)(_)L uIccd to, ble it] the CII)MP-r H,
Assessment of the FLU and Residential Coordination with the Brevard County School
Board - The coordination of the comprehensive plan with existing public schools is
required pursuant to the legislative change in Chapter 163.3191 (2) (k), F.S. This update
requires a School Concurrency Element by December 2008. See also in the legislative
changes table below. jjPUI-fliC, SC�10(fl FacjHdes Flcgieni vvgs a d in
..... ......... ........ .. -------- ----
ol 2008,
------------ -
5) Legislative Changes
The below table illustrates the proposed amendments to this element based on required
legislative changes:
U
V
4-
u
nc�
V
4— U
0 CIS
Cd u
'cl
oj
cz
U
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All the Objectives should be measurable or have a measurable target.
Consider amending Objective CM -8 (Coastal Element) to reflect the use of Brevard
County's Post -disaster Redevelopment Plan. N01 0121 111"'JIM-le _,H I-K)"I
.. ........ ....
llosl-distef I�cdevelo mew Wc),,ard Nxas not cl]c cl, the S�x coastal co.Ilrltie's
--------------- --------------- ----------- -
... . ...... . .
Consider adopting a historic preservation ordinance by 2010. Sg.°, 1I o.�:isj_111&
MINVIIIJ 121 1 1: 1 1 7!
• Consider adding policies to Objective CM -3 (Coastal Element) to strengthen/promote
standards to manage Shoreline Erosion. See ncw Pok ( I N4- 3,
-- - --___ "_- _'Y ..............
• Consider adding a policy to Objective C-3 (Conservation Element) that will protect and
promote remaining green areas. S - e
• Consider addim-, a volio v to Objective CM -10 (Coastal Element) to undertake an
archeological survey to determine sensitive areas or areas in need of protection. Seig I M
10, 1.
• Consider adding a policy to Objective CM -10 (Coastal Element) adopting an historic
preservation ordinance. SCC.1 �[(d sip I Jen -m -o 111G,Ifljc, I f-6,31
Consider ad.dinR new policies to CM -1 and C-3 in the Coastal Management and Conservation
Elements to:
Promote protection of environmentally sensitive areas, promote beach preservation and
tree protection. Consider achieving Tree City USA designation or participate in Arbor
Day activities. See rc, NJ,sed Policy �'Nq I Canaveral Js rlw iWitged as a Tree
Cii,v LYS/� in Aj,bm, I ry thr0 u, h acflvifles WS
mill ILHI(Duh M �Y
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The below table illustrates the: proposed amendments to this element based on required
legislative changes-
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Update GOPs as necessary to reflect 5 and 10 year planning timeframes.
M N/A
F,,�1,7.cllllllllllllllllll!1111 1111 11111111, 111 plggl �111;
Consider adding new policies to SS -2 in the Sanitary Sewer section and a new section in the
Infrastructure Element to:
• Provide a reuse system for landscape irrigation and strengthen policy SS -2.1 Ci � y
p!Mjde�,, I-CUSC— Sb,Mll Rfl� k,)Mls t
---- .... . ..... . .. ..... . .... ........ . ........ - .� ]) 11111
• Establish solar energy and alternative fuel system for City facilities and activities in new
section of the Element as necessary. Sce nc�, ky Rciiew��hk: gxj Ahern,,,�i6ve
. ........ ...... .............. .. . . .....
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Water Supply, Conservation ...Re -Use Plaits for Cape Canaveral's Projected Population —
Pursuant to Chapter 163.3191(2)(1), F.S. policies should be added to, meet the various
water supply requirements, including adopting the water supply plan and development of
alternative water supply projects. See also in the legislative changes table below, I'lle
... . ...... . - - - -------- ............... ...... .......... ..
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5) Legislative Changes
The below table illustrates the proposed amendments to this element based on required
legislative changes:
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• All the Objectives should be measurable or have a measurable target.
• Update GOPs as necessary to reflect 5 and 10 year planning timefrarnes.
• Consider addingpoliciesin Objective T-1 to coordinate with Brevard County on a trail
and blue -way system. Slc.e-f�-1.1(1)1�,ulglyj",,_lli-,,,-q,� -,,-
• Consider adding policies in Objective T-3 to coordinate with the City of Cocoa Beach,
Pori AUfliori,�.y. on development impacting the traffic
circulation system. Sele 11cificy] -
• Consider adding Policy to promote a bike path throughout the City. 'Hic (J " y s Lu ,,i I I
c1%'mim) of bjcy�J� patl,,is This coi.fld incARIc" '.1 traH
.... . .. . ....... ...... - --- ---------- Y_-_____-- � - - – — —
siteHIC (Jr i's currelak,,
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......... . . .
been IM r0N(:n1e1A,.; �o No, Atlau ufic th,l kICILICIM'
.............. ...... . .. ..
U12da�te the Future Transportation Map consistent with the 5 year Work Program and
20,25 FDOT. plan., ki [lie (],bqn,,2pgu q1pr(,u v ic 11,11c I'll Lj) � o i�!� ra u).. ..........
I t Ic I , lex,( hve, vc,,qrs fi,n, flrc (Y
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COMIANT Liplig Rffli nm oru.mon "i r ijor inlersectiol _j1,11 B)Veinclill's
.... . ... ... ..... ------- - . ...... ..... - ............... ... ......
rciqd tri f[ic opa Igions gi�v ,A I.A.
Consider adding language to policy T-1.8 to promote transit system and greater
connectivity with the Central Florida region. See nviseir] Pofic,Y- LN,
1 JT
Consider addins-, t)olicies to T-2 in the Transportation Element to:
® Provide for safe, appealing and efficient citywide routes for pedestrian and bike
path systems linking to major activity centers, parking facilities and residential
areas. Se(LP()1JcyT--2,4,1
• Encourage the City to provide strategically placed bicycle racks,
14,
4) Special Topics ® N/A
5) Legislative Changes
a The below table illustrates the proposed amendments to this element based on required
legislative changes:
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All the Objectives should be measurable or have a measurable target.
Policy R-4.1 not currently being met, revise policy of achieving 3 acres per 1000 people
by 2001 or pursue and add additional parks. No neor] (o revise �,�)Jicy---
U bhsh Ei le\,Cl-of hud,
sWtes �i �Iesiro(] level 01, 1,)Iu( (Iocs, not C'su -�
• Consider addirl&,—policies in Objective R-4 to provide more parks with amenities
(restrooms, pavilions). Sentnv If )(,Iic R-4,'
• Consider addin policies in Olajective R-4 to, designate places on the beach for
swimming, fishing and dogs to play. Not 11( CH�J,2, "It IlIiS 6MeJ IIC_1 I �_('Qt i
I IJ)0HQ/ C I I I
C,
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cd'flic 2009,Vis'�IGmm
..... .... ............ . . . .............. - -
Consider adding new policies to R-4 in the Parks and Recreation Element to:
® Add more parks and amenities. Sice qwv,?J, Je w R-4,`
• Add policy to establish a beach patrol
• Provide access point at Washington Avenue. Dm,)e,,
® N/A
1 A 'I,
M The below table illustrates the proposed amendments to this element based on required
legislative changes:
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• All the Objectives should be measurable or have a measurable target.
® Evaluate housing implementation programs available to the City and add to Objective H-
I as appropriate. Seegaiended �31ufljc�y 11-8. � 'and 1 8. 1
. ... .... . ----- - - -,
Consider grant funding for archeological / historic property survey of the City. Also, the
City should continue working with the appropriate agencies and develop a process for
designating historical structures consistent with the Florida Master Site File, National
Register of Historic Places or other designating entity. Add policies to Objective H. -6.
'ee wriended llohc'YJIJ-(�.-L
Consider evaluation of available housing implementation programs available to the City
pursuant to Objective H-8. Sec N4jcy 11-82
Revise wordin g from "Affordable" to "Attainable" where appropriate.
Revise the word "house p"....to,,.."strtictures" where anixopriate. An example of this would
be Objective H-6 which states: "The City shall take steps to identify and preserve all
historically- significant housing." 1, evisocll housi io Io strut lures"'v,,I
",- " -- i " 21 J- ------------------ ------
Strengthen or revise Objective H-2 to provide more Obtainable or Aff-ffl
Attainable Housing within the City. N2�Ji yin riecessm,
Consider adding_a policy to Objective H-8 to identify areas within the City or
surrounding region suitable for use as housing redevelopment areas. N(�u mjon,
f6i, reideve� I wdied dJLIIJ'Ilg t le CFC'.gjir' I )11!-� i
A!,= nja bile ide
. ... . ...... ...... . J ..
Consider adding new.policies to H-2 in the Housing Element to:
• Add policy to identify structures in need of repair and availability of assistance to
property owners to, complete repairs. See re'wJsioris will-"
• Add policy in Objective H-3 to reduce the number of substandard units by 2012
(recommendation of the 2007 Redevelopment Plan) '10 11
a N/A
5) Legislative Changes
a The below table illustrates the proposed amendments to this element based on required
legislative changes:
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• All the Objectives should be measurable or have a measurable target,
• Update GOPs as necessary to reflect 5 and 101 year planning timeframes.
Correct numbering of Objectives and Policies in Element.
Consider adding policy to Objective LU -1.9 recognizing the 2007 Redevelopment Plan
prepared by the Business and Cultural Development Board. Update the 1995 "B&R"
study referenced in Policy 1.9.1 if necessary. LI) ,2 for '�'-1007
�enl e ille 1095 LN l3gwnfica6on P�a�i le�ipin rele�,,ala
..... .. .... - ... . ....... . ................. 1-111-11-
urao a new "A L/% a.,,,qrjdor ['Cn]- �,y[�Jcji
. ............. -- ....... . ... . .. .............. ... ...... .. ..... . ----- ---------- ----------------- ---
We W'cl CUU]"ofly secjk iJ)e 1995 Peijc,a,(dclAll rcql�:Jn rejewili'll, cl�x,cep�
Plml��',�,)q J'J" — ---- -------
it t1a bCell
S]LIJ erse(je(� by ffic 2007 Rcd(velo ment
Consider adding a policy to Objective LU -9 promoting work with the Community
Appearance Board and Business and Cultural Development Board to, establish a unified
community character or "brand."icy-JG-L4 2, D�,nlg Of g chy
.. ..... ............. . ... I ... ........ I ------
"[,)ll-uld" W,�,ts also identilic.,cl iri t[ue 21010 Flconolnic F)cn,"CloI
...... .... . --- -1-1-11-1-1?
• Consider adding a policy to Objective LU -4 to increase park lands (cross reference with
Parks and Recreation Element as necessary). See 'j)i ( -n ' ,, ' 11, ' lo ' li( �y ' I -
• Consider adding policy to Ol?jective LU -8 to further explore Mixed Use or other
innovative land use strategies. S.e.(,1 .1ile \!,Y-l-lol i1c,,Y I 1,1111JI-1 ll• -9-1,
JIMI 91111111111 111
A) Add GOPs in the FLUE to:
a regulate high density development. Not lge-,.,s,g[y,, 0u g qqxirmlm_(1,ensi_ty Js 15
.............
0 set height standards. .1 suiilldlrcls, "I estaf�iIsli�,'ci in tile klinir"I
'Z, -, , , - - - - . . ... ... ...... .......... . . ..
Tfiev will be IVCIX�11111ine�J i�i l�ccwdance widi reo�)rnnwndalion fi'0111
......... .. . .
Ilie 2"009 Vk ng r
W promote Development Guidelines and Appearance: standards for: an attractive
transition ftom the Port south and north along North Atlantic, overall community
and AIA beautification, (to include burying power lines), elimination or
reduction of run down properties, encouragement of personal property upkeep,
better street lighting and paths for bicyclists and pedestrians. pay a n,..aw-rently
W'OlIJILL�--AYi!b ',irl wi boc Colill-nillt"Ic of elil,ltivu.�s fr�onl orl. [Irclvard
ogiityj B�Ind Clocoa Regicll to fincl -1Ji!1E
,11111"g_ A I A
11" City k ako pq the In gljklc 'fflld lund
t,,1Ji,)r1&_J n'001rj JS CLH'rg�dy UncILT L011H "I Ill )rj,lIjgrack Ulnad:Ulnad:. ... -- ---- - ----
vvdUffi-lk,xie Yn dk dgmrnin aiuj b�clvc� e,, P�'iffis.
. ......... .. -
n continue promoting Mixed Use techniques to promote development of shops,
restaurants and retail in close proximity to residential areas. Sep.,, pew Pioljc 1,1
0 develop a City Hall or Town Center, to enhance community identity while
creating opportunities for shopping;and pedestrian mobility. Add pqiicy to, cxegtc
J
111NOCI LISC,- IW'11 U e �L
(] s L - �'gjorls and zonino reoli��Ijions �o fm
............... -11-1- -1-1 -- . . - . — -- --z - � ------
ce'viter" in t.fiie ncorgcfi6ona� st �c,
11 --- ---- -1-- 1— .. .. .. ...... ---- ............
encourage conversion of nonconforming uses into confiorrning uses (such as Fuel
Tanks) j Ci�y is cicniti� 11"Isic, Jam] U (,,,.idgjg��n(jons. esualflkljng, a
.... ... .... ... - - ---------- - 1 ,
.......... . ...
to enic:oii� a:i�c flic,
............. ...
uuwawaa1-c -o - n I,()- I . I nI't
B) Evaluate the Future Land Use Map, and make amendments where necessary, to existing,
transitional or future land use areas corresponding to any of the above proposed
amendments.
C) Cross reference any proposed amendments with the Land Development Code as
applicable.
Add new policies to LU -8 in the FLUE to:
A AA
palllieies promote mixed use and diversity of development. S ii�,nvj-WIQHJ-
a N/A
5) Legislative Changes
N the below table illustrates the proposed amendments to this element based on required
legislative changes:
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 08/02/2010
Item No.
Subject: ORDINANCE NO. 09-2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT
LANGUAGE FOR THE NOVEMBER 2, 2010 GENERAL ELECTION OR AN
ELECTION SCHEDULED THEREAFTER; PROVIDING FOR REFERENDUM
QUESTIONS PROPOSING THE ADOPTION OF A NEW, UPDATED CITY CHARTER;
AND PROPOSING AMENDMENTS TO ARTICLES III AND XIV REVISING CHARTER
SECTIONS REGARDING MAYOR AND COUNCILMEMBER TERM LIMITS AND
CONTRACTING FOR FIRE PROTECTION SERVICES; PROVIDING FOR A NOTICE
OF CITY OF CAPE CANAVERAL CHARTER REFERENDUM QUESTIONS;
PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS;
PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE.
Department: Administrative
Summary: Resolution 2009-06, adopted 3-17-2009 established the Charter Review
Committee. Committee Members were appointed on July 21, 2009. The first
Committee meeting was held on 9-17-2009. The Committee has met monthly to
prepare a draft revised Charter. At the 6/1/2010 Council Meeting a revised schedule for
submittal of ballot language by 8-24-2010 was approved. The City Council has been
meeting with the Charter Review Committee to discuss the proposed revisions to the
City's Charter. The ballot questions and the proposed ordinance have been drafted
based upon the Committee's recommendations. Since a workshop meeting is being
held immediately prior to this Council meeting, there may be a need to modify the
substance of this ordinance during this first reading to be consistent with the wishes of
the City Council and to address technical and logistical issues involving the
incorporation of the proposed amendments into the existing or new City Charter.
Requested Council Action: Approve Ordinance 09-2010 on first reading.
Financial Impact: The financial impact cannot be accurately defined as the document
is still under review by the City Council. However, we have received a quote in the
amount of $750.00 to review the boundary description of the City Limits.
Attachments: Ordinance 09-2010 and exhibits
Submitting Department Head: Angela M. Apperson, CMC Date: 7/21/2010
Approved by City Manager: David L. Greene Date: 7/27/2010
Subject: ORDINANCE NO. 09-2010 continued
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ J Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 09-2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING FOR A
REFERENDUM ELECTION AND BALLOT LANGUAGE FOR
THE NOVEMBER 2, 2010 GENERAL ELECTION OR AN
ELECTION SCHEDULED THEREAFTER; PROVIDING FOR
REFERENDUM QUESTIONS PROPOSING THE ADOPTION
OF A NEW, UPDATED CITY CHARTER; AND PROPOSING
AMENDMENTS TO ARTICLES HI AND XIV REVISING
CHARTER SECTIONS REGARDING MAYOR AND
COUNCILMEMBER TERM LIMITS AND CONTRACTING
FOR FIRE PROTECTION SERVICES; PROVIDING FOR A
NOTICE OF CITY OF CAPE CANAVERAL CHARTER
REFERENDUM QUESTIONS; PROVIDING FOR
COORDINATION WITH THE SUPERVISOR OF
ELECTIONS; PROVIDING FOR SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council appointed a ten -member Charter Review Committee to review
the City Charter and make recommendations to the City Council for changes deemed advisable;
WHEREAS, pursuant to Resolution 2009-06, the Charter Review Committee performed a
comprehensive review of the current City Charter and prepared a draft revised City Charter for
consideration by the City Council; and
WHEREAS, the City Council and Charter Review Committee conducted several joint
workshops, at which the proposed revisions to the City Charter were studied and discussed; and
WHEREAS, following the joint workshops, the City Council provided direction regarding
the preparation of referendum ballot questions to be submitted to the voters of the City of Cape
Canaveral; and
WHEREAS, the City Council finds that the proposed referendum ballot questions should
be submitted to the City electorate for its consideration and final approval or disapproval; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
City of Cape Canaveral
Ordinance No. 09-2010
Page 1 of 7
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. Referendum Election. A referendum election is hereby called and scheduled to be
held on the 2nd day of November, 2010, or such other date as may be authorized by law, to
determine whether the ballot questions appearing in Sections 2 through 4 herein shall be approved
by a majority of the votes cast in such election in which qualified electors residing in the City shall
participate. Each question appearing on the ballot with the referendum questions shall be voted on
separately and approved or disapproved based on its own merit. Such referendum election shall be
held and conducted in the manner prescribed by law. The places for voting in such referendum
election shall be such Iocations as shall otherwise be established for the general election on
November 2, 2010 or such other date as may be authorized by law. All duly qualified electors of the
City of Cape Canaveral shall be entitled to participate in said election.
SECTION 2. Adoption of New City Charter.
(A) Proposed Amendment to the City Charter. It is proposed that the electorate of the
City of Cape Canaveral approve the adoption of an updated and reorganized City Charter
based substantially on the latest edition of the National Civic League's Model City Charter
and updating Charter provisions consistent with applicable Florida law. This amendment
would repeal the existing City Charter and replace it in its entirety with the new City Charter
document. The existing City Charter proposed for repeal is set forth in its entirety in Exhibit
"A," attached hereto and incorporated herein by this reference. The revised City Charter
proposed for adoption is set forth in its entirety in Exhibit "B," attached hereto and fully
incorporated herein by this reference.
(B) Ballot Question. Concurrent with the general election scheduled for November 2,
2010 or as authorized in Section I of this Ordinance, the following question shall be placed
on the ballot by the Brevard County Supervisor of Elections:
CAPE CANAVERAL CHARTER AMENDMENT
NEW CITY CHARTER
Shall the current City Charter be repealed and replaced in its entirety
with an updated and reorganized City Charter, based substantially on
the latest edition of the National Civic League's Model City Charter,
and updated in accordance with State law?
Yes, For Charter Amendment
No, Against Charter Amendment
SECTION 3. Amending Article III. Section 1 of the City Charter.
City of Cape Canaveral
Ordinance No. 09-2010
Page 2 of 7
(A) Proposed Amendment to the City Charter. It is proposed that the electorate of the
City of Cape Canaveral approve an amendment to Article III, Section I of the City Charter
which, if approved, will establish term limits for the Mayor and members of the City
Council. The proposed amendment does not limit the total number of terms the Mayor or
members of the Council may serve, but no person may be elected to more than two (2)
consecutive elected terms as Mayor or Councilmember. The limitation does not prohibit a
person who has served two (2) consecutive elected terms of office as a member of the
Council from qualifying ane being elected for two (2) additional consecutive elected terms
as Mayor. The proposed amendment to the City Charter is as follows (underlined text is an
addition to the existing text of the City Charter; strikeo"t text is a deletion from the existing
text of the City Charter):
ARTICLE III. ELECTED OFFICERS,
QUALIFICATIONS AND TERMS
Section 1. Qualifications of mayor and council members; terms.
The Mayor and members of the City Council shall be
residents of the City of Cape Canaveral and shall have and possess
the qualifications of electors therein. Any member of the Council or
any Mayor who shall cease to have and possess the qualifications
imposed on such office or who shall, while in office, be convicted of
a crime involving moral turpitude, shall forfeit his or her office and
his or her seat shall immediately become vacant. Absence from four
consecutive regular meetings of the City Council, or from thirty
percent of the meetings held annually, shall operate to vacate the seat
of a member of the City Council or the office of the Mayor unless
such absence shall be excused by a resolution duly adopted by the
City Council.
There slial l be no limit on the total number of terms the Mayor
or Counci Imembers ma serve except that no person shall be elected
to more than two 2 consecutive elected terms as Mayor or
Councilmember. However, this limitation shall not prohibit a person
who has served two (2) consecutive elected terms of office as
Councilmember from qualifying ing and being; elected for two (2)
additional consecutive elected terms as Mayor. Aniperson termed -
out of office by this section. after having been out of office for a
period of one (1) year, may qualify and be elected Mayor or
Councilmember.
The accruing of consecutive terms shall include only those
terms beginning with the November 2, 2010 general election and all
City of Cape Canaveral
Ordinance No. 09-20 10
Page 3 of 7
other terms arising out of subsequent elections.
(B) Ballot Question. Concurrent with the general election scheduled for November 2,
20I0 or as authorized in Section 1 of this Ordinance, the following question shall be placed
on the ballot by the Brevard County Supervisor of Elections:
CAPE CANAVERAL CHARTER AMENDMENT
MAYOR AND COUNCILMEMBER TERM LIMITS
This amendment imposes term limits on the Mayor and
Councilmembers by prohibiting persons from serving more than two
consecutive elected terms as Mayor or Councilmember with the
exception that persons having served two consecutive elected terms
as Councilmember may then qualify and be elected for two additional
consecutive terms as Mayor. Other than the consecutive term
limitations, there shall be no limit on the total number of terms
persons may serve as Mayor or Councilmember.
Yes, For Charter Amendment
No, Against Charter Amendment
SECTION 4. Amending Article XIV Section 4 of the Ci1y Charter.
(A) Proposed Amendment to the City Charter. It is proposed that the electorate of the
City of Cape Canaveral approve an amendment to the City Charter which, if approved, will
allow the City Council to contract for fire protection services with an entity other than the
Cape Canaveral Volunteer Fire Department, Inc. without the approval of a majority of the
qualified electors of the City. The proposed amendment to the City Charter is as follows
(underlined text is an addition to the existing text of the City Charter; strikeout text is a
deletion from the existing text of the City Charter):
ARTICLE XIV. FIRE DEPARTMENT
Section 4. Fire Protection Services.
The council shall pass no ordinance, resolution, or motion
obligating or authorizing the City to establish or operate a Fire
Department, or to contract fbr fire p,,oteeficn services with airy
person, governmental entity or eorporation ather than the 6ape
Canaveral Volunteer Fire Department, ., without such plan or
proposal having been first approved by a majority vote of the
qualified electors of the City voting in a general election or one held
for this purpose. Nothing herein shall prevent the City er`-Eare
eanaveral Volunteer Fire Department, ., from entering into a
City of Cape Canaveral
Ordinance No. 09-2010
Page 4 of 7
Mutual Aid Agreement with any municipality, Brevard County or any
private or federal agency for the purpose of supplementing the fire
protection services provided by the eape Eianaveral Volunteer fhe
. Further providing that any action previously taken
by Resolution, motion or otherwise to establish or operate a Fire
Department shall be terminated or stayed until brought into
compliance with this Section.
The council shall not formally commit the City to build or
acquire a Fire Station until such time that the council holds a duly
noticed public hearing.
(B) Ballot Question. Concurrent with the general election scheduled for November 2,
2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed
on the ballot by the Brevard County Supervisor of Elections:
CAPE CANAVERAL CHARTER AMENDMENT
CONTRACTING FOR FIRE PROTECTION SERVICES
The current Charter requires approval by a majority of the qualified
City electors for the City Council to contract for fire protection
services with an entity other than the Cape Canaveral Volunteer Fire
Department, Inc. Shall the Charter be amended to repeal this
provision so that the City Council may contract with an entity other
than the Cape Canaveral Volunteer Fire Department, Inc. without
City elector approval?
Yes, For Charter Amendment
No, Against Charter Amendment
SECTION 5. Coordination with Supervisor of Elections. The City Clerk is hereby authorized
and directed to instruct and coordinate with the Supervisor ofElections of Brevard County to include
the above-described questions on the ballot concurrent with the general election to be held on
November 2, 2010 or as authorized in Section 1 of this Ordinance.
SECTION 6. Notice of Referendum Election. General notice shall be first published at least thirty
(30) days prior to the November 2, 2010 general election or the date that the election is actually held
in accordance with Section 1 of this Ordinance. The publication of said notice shall be made at least
twice, once in the fifth week and once in the third week prior to the week in which the election is
held, in the manner provided in section 100.342, Florida Statutes, and substantially in the form
attached hereto as Exhibit "C" or as otherwise lawfully provided.
City of Cape Canaveral
Ordinance No. 09-2010
Page 5 of 7
SECTION 7. Payment of Referendum Expenses. The City Manager is hereby authorized and
directed to approve the payment of lawful expenses associated with conducting the City Charter
referendum election.
SECTION S. Voter Registration Books: The Supervisor of Elections for Brevard County is
hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes
are to be cast in such City Charter referendum, applicable portions of the registration books or
certified copies thereof showing the names of the qualified electors residing in the City of Cape
Canaveral.
SECTION 9. Election Administration. The City Charter referendum shall be held and conducted
in the manner prescribed by law and shall be as soon as practicable, be returned and canvassed in
the manner prescribed by law. The result shall show the number of qualified electors who voted at
such Charter referendum and the number of votes cast respectively for and against approval of the
City Charter. Upon certification in the manner prescribed by law, the results shall be recorded in the
minutes of the City Council of the City of Cape Canaveral and upon this Ordinance.
SECTION 10. Severability. Should any section or provision of this Ordinance, or any portion
hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof
to be declared invalid.
SECTION 11. Recitals. The foregoing recitals contained in the whereas clauses are hereby fully
incorporated herein by this reference as material legislative findings of the City Council of the City
of Cape Canaveral.
SECTION 12. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida; however, each of the ballot proposals
in Sections 2 through 4 shall only become effective, independent of any other ballot proposal, if a
majority of the registered electors ofthe City of Cape Canaveral, Florida, who vote at the referendum
election required by this Ordinance, approve the specific ballot question. The City Clerk is directed
upon adoption of any of the proposed ballot proposals to promptly file any of the revised Charter
approved by the registered electors of Cape Canaveral with the State of Florida, Department of State,
as required by Section 166.031, Florida Statutes.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2010.
ATTEST:
ANGELA APPERSON, City Clerk
ROCKY RANDELS, Mayor
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
City of Cape Canaveral
Ordinance No. 09-2010
Page 6 of 7
For
Against
Betty Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Election Results:
Section 2. New City Charter
For Amending the Charter:
Against Amending the Charter:
Section 3. Term Limits of Mayor and Councilmembers
For Amending the Charter:
Against Amending the Charter:
Section 4. Contracting for Fire Protection Services
For Amending the Charter:
Against Amending the Charter:
City of Cape Canaveral
Ordinance No. 09-2010
Page 7 of 7
Exhibit "A"
Ordinance 09-2010
PART I
CHARTER*
Article I. [General Provisions)
Sec. 1. [Present city abolished.]
Sec. 2. Incorporation of the City of Cape Canaveral.
Sec. 3. Sovereignty.
Sec. 4. Form of government.
Sec. 5. Reorganization of officers.
Article II. General Powers
Sec. 1. Extension of general powers.
Article III. Elected Officers, Qualifications and Terms
Sec. 1. Qualifications of mayor and councilmembers.
Sec. 2. Appointed officers.
See. 3. Compensation of officers.
Sec. 4. Vacancies in elected offices.
Article IV. The Mayor, Powers and Duties
Sec. 1. Duties of the mayor.
Sec. 2. Additional duties.
Sec. 3. Election of mayor.
Article V. The City Council, Organization and Powers
Sec. 1. Meetings.
Sec. 2. Rules of procedure.
Sec. 3. Quorum.
Sec. 4. Election of mayor and mayor pro tem.
Article VI. City Manager
Sec. 1. Appointment.
Article V11. City Attorney
Sec. 1. Qualifications.
See. 2. Duties.
Sec. 3. Compensation.
Article VIII. City Clerk
Sec. 1. Appointment and duties.
Article IX. City Tax Assessor
Article X. City Tax Collector
*Editor's note—Printed herein is the Charter, as adopted by Laws of Fla., ch. 63-1197. Amendments to the Charter are
indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision
remains unchanged from the original Charter. Provisions which are obsolete have been italicized at the direction of the city,
Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and
citations to state statutes has been used. Additions made for clarity are indicated by brackets.
:�0�lliil
CAPE CANAVERAL CODE
Article XI. City Treasurer
Sec. 1. Appointment and duties.
Article XII. Municipal Court
Article SM. Police Department
Sec. 1.
Continuance of present law enforcement.
Sec. 2.
Clarification of titles.
Sec. 3.
Duties of chief of police.
Sec. 4.
Arrest.
Sec. 5.
Extending police jurisdiction.
Sec. 6.
Traffic summons.
Article XIV. Fire Department
Sec. 1.
Authorization of fire department.
Sec. 2.
Volunteer fire department.
Sec. 3.
Duties of fire chief.
[Sec. 4.
Fire protection services.]
Article XV. Public Works
Sec. 1. Creation of department of public works.
Sec. 2. Water department.
Article XVI. Boards and Agencies
Sec. 1.
Department of public health.
Sec. 2.
Zoning and planning board.
Sec. 3.
Recreation board.
Sec. 4.
Recommendations.
Article XVII. General Finance Provisions, Budget, Audit and
Purchasing
Sec. 1.
Fiscal year.
Sec. 2.
Budget committee.
Sec. 3.
General budget requirements.
Sec. 4.
Public hearing on budget required.
Sec. 5.
Adoption of budget.
Sec. 6.
Expenditures limited to budget.
Sec. 7.
Quarterly review of budget required.
Sec. 8.
Deposit of city money and security required.
Sec. 9.
Annual audit required.
See. 10.
[Purchasing policy and procedures.]
Article XVIII. Revenue and Taxation
Article XIX. Collection of Delinquent Taxes
Article XX. Financing Public Improvements
Article XXI. Elections
Sec. 1. Rules prescribed by ordinance.
Sec. 2. Voter qualifications, method of handling election, registration, dis-
qualification, inspection of registration records.
CHT:2
Article XXU. Abatement of Nuisances
Article XXIII. Extension of the Corporate Limits
Article XXIV. Miscellaneous
Sec. 1.
CHARTER
Secs. 3--8.
[Reserved.]
Sec. 7.
Voter registration.
Sec. 8.
Arrangements for elections.
Sec. 9.
Voting hours and results.
Sec. 10.
Recall of elected officers.
Sec. 11.
Reasons for recall.
Sec. 12.
Initiative petition for ordinance.
Sec. 13.
Filing of initiative petition.
Sec. 14.
Procedure on initiative petition.
Sec. 15.
Petition effect on pending ordinance.
Sec. 16.
Referendum ballot form.
Sec. 17.
Repeal of ordinances adopted by referendum,
Sec. 18.
City attorney to draft ordinances.
Sec. 19.
Filing fee.
Article XXU. Abatement of Nuisances
Article XXIII. Extension of the Corporate Limits
Article XXIV. Miscellaneous
Sec. 1.
Building codes.
Sec. 2.
Constitutional provision and severability.
Sec. 3.
Transfer of records.
Sec. 4.
Procedure for passage of ordinances.
Sec. 5.
General Statutes of the State of Florida.
Sec. 6.
Conflicting laws.
See. 7.
Investigative procedures.
` Sec. 8.
Nepotism.
J Sec. 9.
Gender.
Sec. 10.
Continuance of officers and ordinances.
Sec. 11.
Freedom from tort liabilities.
Sec. 12.
Notice of damage claim required.
Sec. 13.
Benefit from contracts prohibited.
Sec. 14.
[Effective date.]
CHT:3
'1
CHARTER
AN ACT TO ABOLISH THE PRESENT MUNIC-
IPALITY OF THE CITY OF CAPE CANAVERAL
IN BREVARD COUNTY, FLORIDA, AND TO
CREATE, ESTABLISH AND ORGANIZE A MU-
NICIPALITY TO BE KNOWN AND DESIG-
NATED AS THE CITY OF CAPE CANAVERAL,
TO BE LOCATED IN BREVARD COUNTY,
FLORIDA; TO DEFINE ITS BOUNDARIES; TO
PROVIDE FOR AND PRESCRIBE ITS GOVERN-
MENT, JURISDICTION, POWERS, DUTIES,
FRANCHISES AND PRIVILEGES; TO AUTHO-
RIZE THE IMPOSITION OF PENALTIES FOR
THE VIOLATION OF ITS ORDINANCES; TO
RATIFY, VALIDATE AND CONFIRM THE
LEVIES OF TAXES MADE BY THE CITY OF
CAPE CANAVERAL AND TO PROVIDE FOR
THE COLLECTION, LIEN AND ENFORCE.
MENT OF THE SAME; AND TO PROVIDE
THAT THE TITLES, RIGHTS AND OWNER-
SHIPS OF PROPERTY, UNCOLLECTED
TAXES, DUES, CLAIMS, JUDGMENTS, DE-
CREES, CHOSES IN ACTION, AND OTHER
PROPERTIES AND ALL POWERS HELD OR
OWNED BY THE CITY OF CAPE CANAVERAL
SHALL .BE VESTED IN THE CITY OF CAPE
CANAVERAL HEREBY CREATED.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF FLORIDA -
ARTICLE I. [GENERAL PROVISIONS)
Sec. 1. [Present city abolished.]
The present municipal corporation of the City
of Cape Canaveral in Brevard County, Florida, is
hereby abolished.
Sec. 2. Incorporation of the City of Cape
Canaveral.
That a municipal corporation under and by the
name of City of Cape Canaveral is hereby created,
organized and established in the County of
Brevard and in the State of Florida, which said
City shall embrace, include and have jurisdiction
over all that territory in Brevard County described
as follows:
The tract of land situated in Sections 14, 15, 16,
17, 20, 21, 22, 23, 26, 27, 28 and 29 of Township 24
Art. I. § 2
South, Range 37 East and being all of that land
lying south of the South limits of the Cape Canav-
eral Missile Test Annex, now known as Canav-
eral Port Authority, extended westerly to the
center line of the established ship channel in the
Banana River, and extended easterly to a point in
the Atlantic Ocean 1,000 feet east of the mean
high water line of the Atlantic Ocean, and north
of a line described as follows.
Beginning at the intersection of a westerly ex-
tension of the South line of Lot 21 in Banana River
Estates, as recorded in Plat Book 10, Page 1, of
the Public Records of Brevard County, Florida,
and the center line of the established channel of
Banana River; thence along such westerly exten-
sion and the South Iine of Lot 21 in. an easterly
direction to the westerly right-of-way line of Palm
Avenue (SR No. 401); thence continue along the
easterly extension of the last described Iine to the
East right-of-way line of Palm Avenue (SR No.
401); thence northerly along the East right-of-way
line of said Palm, Avenue (SR No. 401) approxi-
mately 2,440 feet to a point in the middle of Block
73, in the Avon -by -the -Sea subdivision which is
the point separating Lot 1 and Lot 9 in said Block
73, thence easterly along the rear line of the lots
in Blocks 73, 74, 75, and 76, being the blocks
bounded on the North by Johnson Avenue and on
the South by Grant Avenue to the intersection of
this line with the mean high water line of the
Atlantic Ocean, thence East 1,000 feet to the East
boundary line hereinafter set forth; and bounded
on the West by the center line of the established
ship channel in the Banana River, and on the
East by a line paralleling the shoreline and 1,000
feet East of the mean high water line of the At-
lantic Ocean; excepting the lands owned by the
Canaveral Port Authority and/or any additional
government-owned lands as of January 12, 1962,
and including all littoral and riparian rights per-
taining thereto.
Together with:
Lots 13 through 20 inclusive, Banana River Es-
tates, as recorded in Plat Book 10, Page 1, of the
Public Records of Brevard County, Florida.
Together with:
Lots Six (6) through Nine (9) inclusive, in Block
Seventy-five (75) according to the Plat of Avon-By-
CHT:5
Art. 1, § 2
CAPE CANAVERAL CODE
The -Sea Subdivision, as recorded in Plat Book 3,
Page 7, of the Public Records of Brevard County,
Florida.
Together with:
Lots 9 through 12, Block 73, Avon -By -The -Sea
Subdivision, as recorded in Plat Book 3, Page 7, of
the Public Records of Brevard County, Florida.
(Ord. No. 11-93, § 1, 6-15-93)
Sec. 3. Sovereignty.
That said corporation shall have perpetual suc-
cession and by the name of the City may sue, be
sued and defend, plead and be impleaded in all
courts and places and in all matters and proceed-
ings; may have and use a common seal, and alter
the same at pleasure; may acquire by gift, grant,
devise, bequest, purchase or in any other manner,
similar or dissimilar, receive, own, lease, hold,
use and enjoy, or sell and dispose of, real property
or any interest therein within or without the said
municipality; may take by devise, bequest, gift,
donation or otherwise any real property, within
or without the territorial limits of said munici-
pality, in trust for public, charitable, or other pur-
poses, and do all acts and things necessary or ap-
propriate to effectuate such trust, with power to
manage, sell, lease, or otherwise dispose of said
property in accordance with the terms of said trust;
may use any of said real property, whether within
or without the territorial limits of said munici-
pality for parks, playgrounds, roads, disposal
plants, waterworks, electric light plants, ice plants,
gas plants, and the erection, maintenance and op-
eration of municipal buildings, works and con-
structions of every kind and character, including
municipal offices, schools, courthouse, fire and po-
lice stations, houses of detention and correction,
hospitals, infirmaries, asylums, dispensaries,
wharves, docks, toll bridges and markets, lighting
and power plants and waterworks, to supply light[,]
power and water for public purposes, or to be sold
for profit, and buildings, bridges, works and con-
struction for all other purposes that said munici-
pality, through its proper authorities, may deem
necessary or proper for the welfare of said munic-
ipality, of the inhabitants thereof, and may exer-
cise all other powers herein conferred.
State law reference—Municipal home rule powers, F.S.
ch. 166.
Sec. 4. Form of government.
The municipal government provided by this act
shall be a Mayor -Council Government. Subject to
the limitations imposed by the Constitution and
laws of this State and by this act, all powers of the
City shall be vested in an elected council, herein-
after referred to as the "City Council" or
"Council." All powers of the City shall he exer-
cised in the manner provided by this act, or if the
manner be not so provided, then in such manner
as may be set forth by ordinance or by general
laws of the State of Florida.
Sec. 5. Reorganization, of officers.
The government and corporate authority of 'the
City shall be vested in a City Council and in a
Mayor who shall be a member of the Council. Such
Council shall consist of five members. The term of
the Councilmembers shall be two years. The present
Councilmembers or their successors shall continue
in office until the first election of Councilmembers
held under the provisions of this act. The three
Councilmembers receiving the greatest number of
votes in the said election shall serve for two years.
The remaining two shall serve until the general
city election held in 1964. Thereafter each Coun-
cilmember elected shall serve for a term of two years
or until their successors shall be elected and qual-
i feed. In the even -numbered years, the three candi-
dates, respectfully, receiving the highest number
of votes, shall be deemed elected. Such other of-
fices
ffices as may exist at this time shall be abolished
unless authorized by theprovisions of this act. Com-
mencing with the general city election held in 1971,
two Councilmembers shall be elected for a period
of three (3) years; commencing with the general
city election in 1972, two Councilmembers shall be
elected for a period of three (3) years; thereafter
each Councilmember elected shall serve a term of
three (3) years, or until a successor shall be elected
and qualified. Commencing with the general city
election in 1971, the office of Mayor shall be elected
with the candidate for Mayor receiving the highest
votes, serving for two (2) years. In the general City
election in 1973, the office o f Mayor shall be elected
for a period of three (3) years; thereafter the Mayor
elected shall serve for a term of three (3) years or
until a successor shall be elected and qualified.
(Amended by election, 6-2-70; Ord. No. 38-93, § 1,
10-19-93)
CHT:6
CHARTER
§1
ARTICLE H. GENERAL POWERS*
8.--28. [Reserved]
Editor's not"ubsections 8.-28., which
have not been amended by referendum after
Sec. 1. Extension of general powers.
July 1, 1973, and which are not extraterrito-
rial powers, have been editorially deleted as
The city shall have the powers, functions and
superseded by state law or unnecessary as
immunities granted to municipal corporations by
home rule powers of a municipality are de -
rived from the constitution and F.S. ch. 166.
the Constitution and the general Iaws of the State
of Florida, as now or hereafter existing, together
2g. To drain swamp, marsh, overflow and
with the implied powers necessary to carry into
lowlands within or without the City for
execution all the powers granted. The enumera-
the betterment of sanitary conditions
tion of particular powers by this act shall not be
within the City;
deemed to be exclusive, and in addition to the
30., 31. [Reserved]
powers enumerated herein or implied hereby, or
Editor's note—Subsections 30. and 31.,
appropriate to the exercise of such powers, it is
which have not been amended by referendum
intended that the City shall have and exercise all
after July 1, 1973, and which are not extra-
powers authorized by general laws of Florida
territorial powers, have been editorially de -
leted as unnecessary as home role powers of a
which it would be competent for this act to spe-
municipality are derived from the constitu-
cifically enumerate. The following are among the
tion and F.S. ch. 166.
powers of this City, subject to the limitations
32. To acquire, own, operate, lease, construct
hereinafter expressed:
and maintain incinerators, sanitary land
1. To purchase, lease, receive and hold prop-
fills or other means of garbage and trash
erty, real, personal and mixed, both within
disposal within or without the corporate
and without its corporate limits, and to
limits of the City;
lease, sell or otherwise dispose of the
33.-38. [Reserved]
same for the benefit of the City;
Editor's note—Subsections 33.-38.,
2. To acquire title to submerged lands and
which have not been amended by referendum
riparian rights and easements or rights-
after July 1, 1973, and which are not extra -
territorial powers, have been editorially de -
of waywith or without restrictions, within
leted as unnecessary as home rule powers of a
or without the corporate limits of the City;
municipality are derived from the constitu-
tion and F.S. ch. 166.
3.-6. [Reserved]
39. To pass such ordinances as may be neces-
Editor's note—Subsections 3.-6., which
sary to protect and preserve peace and
have not been amended by referendum after
July 1, 1973, and which are not extraterrito-
order upon all property owned, leased,
rial powers, have been editorially deleted as
managed or controlled by the City outside
superseded by state law or unnecessary as
its corporate limits;
home rule powers of a municipality are de-
rived from the constitution and F.S. ch. 166.
40.--60. [Reserved]
7. To construct, regulate, improve and main-
Editor's note—Subsections 40.-60.,
which have not been amended by referendum
tain canals, rivers and other waterways,
after July 1, 1973, and which are not extra -
and to control the development and use of
territorial powers, have been editorially de -
such natural or artificial Streams or bod-
leted as superseded by state law or as unnec-
ies of water inside its Corporate limits, or
essary as home rule powers of a municipality
outside its corporate limits where neces-
are derived from the constitution and F.S. ch.
166.
sary for the health, safety and general
welfare of the citizens of the City;
61. The City of Cape Canaveral shall have
the power to adopt laws, ordinances, rules
'State law reference—Municipal Home Rule Powers
and regulations for the purpose of exercis-
Act, F.S. eh. 166.
ing the foregoing powers and to do all
Supp. No. 7 CHT:7
§ 1 CAPE CANAVERAL CODE
other acts and perform all other functions Sec. 3. Compensation of officers.
reasonably required for the protection of
the public welfare, and the rights and The City Council may, by Ordinance, provide
privileges of the inhabitants of said City. for the compensation of the Mayor, its members
and its appointed officers, and the method of
payment of the same.
(Ord. No. 30-94, § 1, 8-2-94)
ARTICLE III. ELECTED OFFICERS,
QUALIFICATIONS AND TERMS= Sec. 4. Vacancies in elected offices.
Sec. 1. Qualifications of mayor and council -
members.
The Mayor and members of the City Council
shall be residents of the City of Cape Canaveral
and shall have and possess the qualifications of
electors therein. Any member of the Council or
any Mayor who shall cease to have and possess
the qualifications imposed on such office or who
shall, while in office, be convicted of a crime
involving moral turpitude, shall forfeit his or her
office and his or her seat shall immediately be-
come vacant. Absence from four consecutive reg-
ular meetings of the City Council, or from thirty
percent of the meetings held annually, shall oper-
ate to vacate the seat of a member of the City
Council or the office of the Mayor unless such
absence shall be excused by a resolution duly
adopted by the City Council.
(Ord. No. 14-89, § 1,10-17-89; Ord. No. 38-93, § 2,
10-19-93)
Sec. 2. Appointed officers.
The City Council shall have the power to ap-
point, employ and remove from office such officers
and employees of the City as the City Council
shall deem necessary for the operation of the City.
Said appointments and removals shall be subject
to the majority vote of the City Councilmembers.
The City Council shall fix the compensation of all
appointed officers of the City by resolution. The
appointed officers shall be those of the City Man-
ager and the City Attorney.
(Amended by election, 11-8-83; Ord. No. 38-93, §
3, 10-19-93)
*State law reference—Elections, state election code, F.S.
chs. 97-106.
If any vacancy occurs in the City Council for
any reason other than the recall of a Council
Person, or a vacancy occurring due to a Council
Member's resignation pursuant to F.S. 99.012(3)
commonly referred to as the "resign to run law,"
the City Council shall, within thirty (30) days
following the occurrence of a vacancy, elect a
successor Council Member who shall serve until
the next General Election. At the next General
Election, the vacant position shall be filled by a
vote of the electors for the remainder of the
original term. Any Council Member so elected
shall take office immediately upon that person's
election and qualification. If three (3) or more
seats on the City Council shall be vacant at the
same time, the Governor shall appoint successor
Council Members to fill the vacancies on the City
Council and appoint successor Council Members
to fill the vacancies on the City Council and any
Council Members so appointed shall serve until
their successors shall be elected and qualified.
The City Council shall call a special election to fill
the unexpired terms of office of the Council Mem-
bers whose seats become vacant, and said election
shall be held within sixty (60) days following the
said appointments by the Governor. If such ap-
pointments shall be made within six (6) months of
the next General Election, no special election
shall be required but those offices shall be filled at
such General Election. If there shall be a vacancy
in the office of Mayor, the Mayor Pro Tem shall
serve as Mayor until the next General Election of
the City, at which time an election shall be held
for the unexpired term of the vacated office of
Mayor. If a vacancy occurs in the City Council,
due to a resignation pursuant to the resign to run
provision of F.S. 99.012(3), then the vacancy shall
be filled by a vote of the electors of the City for the
remainder of the original term at the same elec-
tion for which the vacating Council Member seeks
Supp. No. 7 CHT.8
CHARTER
qualification and election, even though the vacat-
ing Council Member's resignation may not be
effective until after the day of the election.
(Amended by election, 6-2-70; amended by elec-
tion, 11-2-82; Ord. No. 38-93, § 4, 10-19-93;
Amended by election, Ord. No. 23-98, § 2, 11-98)
Supp. No. 7
CHT:8.1
§4
CHARTER
ARTICLE IV. THE MAYOR, POWERS AND
DUTIES
Sec. 1. Duties of the mayor.
The Mayor of the City shall see that all ordi-
nances are faithfully executed and shall be the
titular head of the City government. The mayor
shall be the official representative of the City at
all state functions or other functions requiring an
official representative of the City. The Mayor shall
not have the power to veto any ordinance or res-
olution passed by the City Council. The Mayor
shall vote on issues coming before the Council as
if he or she were a councilmember. During the
absence or disability of the Mayor, his or her du.
ties shall be performed by the Mayor Pro Tem.
(Amended by election, 6-2-70; Ord. No. 38-93, § 5,
10-19-93)
See. 2. Additional duties.
The Mayor shall also recommend and propose
such Iegislation and other matters of a similar
nature to the City Council which he for she] deems
expedient and proper. The Mayor shall preside at
meetings of the City Council.
Sec. 3. Election, of mayor.
The office of Mayor shall be elected commencing
with the general city election in 1971, and the can-
didate receiving the highest number of votes shall
serve for a period of two (2) years; commencing
with the general city election in 1973, the Mayor
shall be elected for a terra of three (3) years and
thereafter the Mayor elected shall serve a three (3)
year term or until his or her successor shall be
elected and qualified.
(Added by election, 6-2-70; Ord. No. 38-93, § 6,
10-1.9-93)
ARTICLE V. THE CITY COUNCIL,
ORGANIZATION AND POWERS
Sec. 1. Meetings.
The City Council shall meet at such time and
place as may be prescribed by ordinance or reso-
lution. The Council shall hold a minimum of two
meetings per month. Special meetings may be held
Art. VI, § I
on an affirmative vote of a majority of the City
Councilmembers. All meetings of the City Council
for the transaction of official business shall be
open to the public.
(Ord. No. 38-93, § 7, 10-1.9.93)
State law reference—Open meetings requirement, F.$. §
286.011.
Sec. 2. Rules of procedure.
The City Council may enact its own rules of
procedure, may prescribe penalties for the nonat-
tendance and misconduct of its members and en-
force the same, may compel the attendance of
members and, on a four-fifths vote, may expel a
member for misconduct in office or neglect of duty.
Misconduct shall include the acceptance of gifts,
gratuities or service intended to influence a mem-
ber's consideration, vote or action upon any offi-
cial business of the city.
(Amended by election, 6-2-70)
Sec. 3. Quorum.
A majority of all members of the City Council
shall constitute a quorum to transact business.
Sec. 4. Election of mayor and mayor pro tem.
The City Council shall annually elect from its
membership a Mayor and a Mayor Pro Tem. Com-
mencing with the general city election in 1971, the
City Council shall annually elect from its mem-
bership a mayor pro tem, who shall act as the
Mayor in the Mayor's absence.
(Amended by election, 6-2-70)
ARTICLE VI. CITY MANAGER
Sec. 1. Appointment.
If the City Council shall, by ordinance, appoint
a City Manager, he shall he the administrative
head of the government and shall be responsible
for the effective administration of all departments
of the City. He shall be chosen on the basis of his
executive and administrative qualifications. He
may or may not be a resident of the City or of the
State of Florida. He shall hold office at the will of
the Council, and shall receive such salary as may
be fixed by the Council. The duties of City Man-
CHT:9
Art. VI, § 1
CAPE CANAVERAL CODE
ager shall be established by the Council. In the
case of sickness or absence of the City Manager,
the City Council may appoint another person, not
a member of the Council, to act for the City Man-
ager during his sickness or absence and the person
so appointed may, during the sickness or absence
of the City Manager, act for him and perform all
his duties and all such acts of the person so ap-
pointed shall be as valid as those performed by
the City Manager.
ARTICLE VII. CITY ATTORNEY
Sec. 1. Qualif-leations.
The City Council shall appoint a City Attorney
and such Assistant City Attorneys as may be nec-
essary, who shall serve at the pleasure of the
Council and act as the legal advisor for the mu-
nicipality and of its officers in matters relating to
their official duties. He shall be a lawyer of expe-
rience and practice in the courts of the State of
Florida.
Sec. 2. Duties.
The City Attorney shall prepare all contracts,
bonds and other instruments in writing in which
the municipality is concerned, or shall endorse on
each his approval of the form, language and exe-
cution thereof; and no contract with the munici-
pality shall be binding upon the municipality until
the City Attorney has examined said contract.
When required by the Council, he shall be the
prosecutor in the Court, and when required by the
Council, he shall prosecute and defend, for and in
behalf of the City, all complaints, suits and con-
troversies in which the City is a party. He shall
furnish the Council, or the City Clerk, his opinion
on any question of law relating to their respective
powers and duties, and he shall perform such other
professional duties as may be required of him by
ordinance or resolution of the Council or by this
act, or such as are prescribed for City Attorneys
under the general laws of this state, not inconsis-
tent with this Charter.
Sec. 3. Compensation.
The City Council may, from time to time, by
resolution, fix the regular compensation of the City
Attorney at a sum commensurate with the duties
which may be imposed upon him by this act and
by the Council, provided, that all special or un-
usual services required of the City Attorney, the
fee for which is not otherwise prescribed in this
act, may be specially compensated as the Council
may see fit to provide.
ARTICLE VIII. CITY CLERK
Sec. 1. Appointment and duties.
The City Manager shall appoint a City Clerk
and such deputies as might be required. It shall
be the duty of the City Clerk to attend all meet-
ings of the City Council, and to keep correct min-
utes of all their proceedings in a book kept for
that purpose. The City Clerk shall be custodian of
papers, books and records of the City and of the
seal of the City, and shall attest and affix the seal
of the City to all instruments and documents re-
quiring the same; and he [or she) shall perform
such other duties as are prescribed in this act or
required by ordinance, or shall be required by the
City Manager from time to time.
(Amended by election, 11-8-83)
ARTICLE 1X. CITY TAX ASSESSOR
Editor's note—This article has been editorially deleted as
the procedure for assessment, levy and collection of ad va-
lorem taxes has been preempted by the state in F.S. ch. 192 et
seq.
ARTICLE X. CITY TAX COLLECTOR
Editor's note—This article has been editorially deleted as
property taxes are collected by the county pursuant to F.S. ch.
192 et seq.
ARTICLE XI. CITY TREASURER
Sec. 1. Appointment and duties.
The City Manager shall appoint a City Trea-
surer. It shall be the duty of the City Treasurer to
CHT:10
CHARTER
receive all monies and funds taming in or be-
longing to the City for taxes, licenses, fines and
from any and all sources whatever, and he [or she]
shall keep a faithful and strict account of all such
monies and funds, and shall pay same out only
upon the order of the City Council, made in pur-
suance of law and ordinance. It shall be the duty
of said City Treasurer to keep a strict account of
each fund separate. All City funds shall be kept
and deposited as shall be directed by the City Man-
ager. The City Treasurer shall prepare all checks
and vouchers to be drawn on the City deposito-
ries, and shall sign the same and present such
checks to the Mayor, or in his [or her] absence to
the Mayor Pro Tem, to be countersigned as pro-
vided herein, or as otherwise provided by ordi-
nance of the City Council. He shall perform such
other duties as the City Manager, from time to
time, shall require of him.
(Amended by election, 11-8-83)
ARTICLE XII. MUNICIPAL COURT
Editor's note—This article on municipal courts has been
editorially deleted as municipal courts were abolished by art.
V, § 20, Fla. Const.
ARTICLE XIII. POLICE DEPARTMENT
Sec. 1. Continuance of present law enforce-
ment.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as unnecessary
as home rule powers of a municipality are derived from the
constitution and F.S. ch. 166.
Sec. 2. Clarification of titles.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as unnecessary
as home rule powers of a municipality are derived from the
-constitution and F.S. ch. 166.
Sec. 3. Duties of chief of police.
Editor's note—Section 3 has been editorially transferred
to the Code of Ordinances as certain provisions of a Charter
adopted prior to July 1, 1973, and not subsequently amended
by referendum have been converted to ordinances by opera -
Art. XIV, § 3
tion of F.S. § 166.021(5). This section is section 42.26 in the
Code of Ordinances.
Sec. 4. Arrest.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as superseded
by state law and unnecessary as home rule powers of a mu.
nicipality are derived from the constitution and F.S. ch. 166.
State law reference—Arrest, F.S. ch. 901.
Sec. 5. Extending police jurisdiction.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as superseded
by state law and unnecessary as home rule powers of a mu-
nicipality are derived from the constitution and F.S. ch. 166.
State law reference—Fresh pursuit, jurisdiction, F.S. §
901.25.
Sec. 6. Traffic summons.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as superseded
by state law and unnecessary as home rule powers of a mu-
nicipality are derived from the constitution and F.S. ch. 166.
State law reference --Uniform traffic citations, F.S. §
316.650.
ARTICLE XIV. FIRE DEPARTMENT
See. 1. Authorization of fire department.
Editor's note --This section has been editorially trans-
ferred to the Code of Ordinances as certain provisions of a
Charter adopted prior to July 1, 1973, and not subsequently
amended by referendum have been converted to ordinances by
operation of F.S. § 166.021(5). This section is section 38-56 in
the Code of Ordinances.
Seo. 2. Volunteer fire department.
Editor's note—This section has been editorially trans-
ferred to the Code of Ordinances as certain provisions of a
Charter adopted prior to July 1, 1973, and not subsequently
amended by referendum have been converted to ordinances by
operation of F.S. § 166.021(5). This section is section 38.57 in
the Code of Ordinances.
Sec. 3. Duties of fire chief.
Editor's note—This section has been editorially trans-
ferred to the Code of Ordinances as certain provisions of a
Charter adopted prior to July 1, 1973, and not subsequently
amended by referendum have been converted to ordinances by
CHT;11
Art. XIV, § 3
CAPE CANAVERAL CODE
operation of F.S. § 166.021(5). This section is section 38-58 in
the Code of Ordinances.
[Sec. 4. Fire protection services.]
The council shall pass no ordinance, resolution,
or motion obligating or authorizing the City to
establish or operate a Fire Department, or to build
or acquire a Fire Station, or to contract for fire
protection services with any person, governmental
entity or corporation other than the Cape Canav-
eral Volunteer Fire Department, Inc., without such
plan or proposal having been first approved by a
ma41ority vote of the qual fied electors of the City
voting in a general election or one held for this
purpose. Nothing herein shall prevent the City or
Cape Canaveral Volunteer Fire Department, Inc.,
from entering into a Mutual Aid Agreement with
any municipality, Brevard County or any private
or federal agency for the purpose of supplementing
the fire protection services provided by the Cape
Canaveral Volunteer Fire Department, Inc.
Further providing that any action previously
taken by Resolution, motion or otherwise to es-
tablish or operate a Fire Department or to build
or acquire a Fire Station shall be terminated or
stayed until brought into compliance with this
Section.
(Added by election, 11-5-85)
ARTICLE XV. PUBLIC WORKS
Sec. 1. Creation of department of public
works.
The City Council shall have the power to create
in the City of Cape Canaveral, a Department of
Public Works to be known as "Department of
Public Works, City of Cape Canaveral, Florida."
When such department shall be created, the City
Manager shall appoint a Superintendent of Public
Works who shall be in charge of the Department
of Public Works. The Superintendent shall be re-
sponsible to the City Manager for the proper per-
formance of the duties imposed upon him by this
act, and shall perform daily the duties of this of-
fice in such a manner as may be designated by the
City Manager, and he [or she] shall provide surety
bond in such an amount as may be required by
the City Manager for the faithful performance of
his [or her] duties, which shall be as follows:
1. To exercise control and direct supervision
over all municipal utilities, utility con-
tracts, repair and maintenance of streets,
and wastewater collection and treatment
system.
2. To see that the terms and conditions im-
posed in favor of the City or its inhabitants
in any public utility franchise are faith-
fully kept and performed, and upon knowl-
edge of any violation thereof to call the same
to the attention of the City Manager whose
duty it is to see that such action as might
be necessary to enforce the same is taken.
3. To have charge of the removal of garbage
and trash, or franchise thereof, and it shall
be his [or her] duty to see that the streets
are kept clean.
4. He shall perform such other duties as the
City Manager from time to time, shall re-
quire of him [or her].
(Amended by election, 11-8-83; Ord. No. 29-87, 10-
20-87)
Sec. 2. Water department.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as unnecessary
as home rule powers of a municipality are derived from the
constitution and F.S. ch. 166.
ARTICLE XVI. BOARDS AND AGENCIES
See. 1. Department of public health.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as unnecessary
as home rule powers of a municipality to create departments
are derived from the constitution and F.S. ch. 166.
Sec. 2. Zoning and planning board.
The City Council shall have the power to create
a board to be known as the "Zoning and Planning
Board of the City of Cape Canaveral:" The number
of members to serve on the board and its duties
shall be prescribed by ordinance of the Council.
CHT:12
CHARTER
No problem or situation related to zoning will be
submitted to the City Council prior to being sub-
mitted to and acted upon by the board authorized
by this section.
Sec. 3. Recreation board.
The City Council shall have the power to create
a Recreation Board which shall advise the Council
on matters pertaining to public parks and recre-
ation, and serve in such other similar matters as
the Council may direct. The Council may extend
to this Board such powers and duties as they shall
deem prudent.
Sec. 4. Recommendations.
The recommendations of the boards and agen-
cies created by this Article shall become law only
if passed as ordinances by the City Council.
ARTICLE XVII. GENERAL FINANCE
PROVISIONS, BUDGET, AUDIT AND
PURCHASING
Sec. 1. Fiscal year.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as superseded
by state law and unnecessary as home rule powers of a mu.
nicipality are derived from the constitution and F.S. ch. 166.
State law reference --Fiscal year, F.S. §§ 166.241, 218.33.
Sec. 2. Budget committee.
A Budget Committee appointed by the City
Council from its membership and such other per-
sons as it may decide, shall submit a recommended
budget for the ensuing fiscal year to the City
Council on or before the first regular meeting in
August.
Sec. 3. General budget requirements.
Editor's note—This section on the budget, which has not
been amended by referendum after July 1, 1973, and which is
not an extraterritorial power, has been editorially deleted as
superseded by state law or unnecessary as home rule powers of
a municipality are derived from the constitution and F.S. ch.
166.
State law reference—Adoption of budget and setting tax
millage, F.S. ch. 200.
Art. XVII, § 9
Sec. 4. Public hearing on budget required.
Editor's note—This section on the budget, which has not
been amended by referendum after July 1, 1973, and which is
not an extraterritorial power, has been editorially deleted as
superseded by state law or unnecessary as home rule powers of
a municipality are derived from the constitution and F.S. ch.
166.
State law reference—Adoption of budget and setting tax
millage, F.S. ch. 200.
Sec. 6. Adoption of budget.
Editor's note—This section on the budget, which has not
been amended by referendum after July 1, 1973, and which is
not an extraterritorial power, has been editorially deleted as
superseded by state law or unnecessary as home rule powers of
a municipality are derived from the constitution and F.S. ch.
166.
State law reference --Adoption of budget and setting tax
millage, F.S. ch. 209.
Sec. 6. Expenditures limited to budget.
Editor's note—This section on the budget, which has not
been amended by referendum after July 1, 1973, and which is
not an extraterritorial power, has been editorially deleted as
superseded by state Iaw or unnecessary as home rule powers of
a municipality are derived from the constitution and F.S. ch.
166.
State law reference --Adoption of budget and setting tax
millage, F.S. ch. 200.
Sec. 7. Quarterly review of budget required.
Editor's note—This section has been editorially trans-
ferred to the Code of Ordinances as certain provisions of a
Charter adopted prior to July 1, 1973, and not subsequently
amended by referendum have been converted to ordinances by
operation of F.S. § 166.02115). This section is section 2-206 in
the Code of Ordinances.
Sec. S. Deposit of city money and security re-
quired.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as superseded
by state law and unnecessary as home rule powers of a mu-
nicipality are derived from the constitution and F.S. ch, 166.
State law reference—Security for public money deposits,
F.S. ch. 280.
Sec. 9. Annual audit required.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as superseded
CHT:13
Art. XVII, § 9
CAPE CANAVERAL CODE
by state law or unnecessary as home rule powers of a munic-
ipality are derived from the constitution and F.S. ch. 166.
State law reference --Annual audit, F.S. §§ 166.241,
218.32.
Sec. 10. [Purchasing policy and procedures.]
Editor's note—Pursuant to F.S. § 166.021(5), this section
was repealed by Ord. No. 9-93, adopted May 18, 1993. Provi-
sions relating to purchasing are found in the Code of Ordi-
nances, section 2.216 et seq.
ARTICLE XVIII. REVENUE AND
TAXATION
Editor's note --This article has been editorially deleted as
the procedure for assessment, levy and collection of ad va.
lorem taxes has been preempted by the state in F.S. ch. 192 et
seq.
State law references—Ad valorem tax procedure, F.S, ch.
192 et seq.; financial matters, F.S. ch. 218.
ARTICLE XIX. COLLECTION OF
DELINQUENT TAXES
Editor's note—This article has been editorially deleted as
the procedure for assessment, levy and collection of ad va-
lorem taxes has been preempted by the state in F.S. ch. 192 et
seq,
State law reference --Ad valorem taxes, F.S. ch. 192 et
seq.
ARTICLE ML FINANCING PUBLIC
IMPROVEMENTS
Editor's note—This article, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as obsolete and
unnecessary as home rule powers of a municipality are de-
rived from the constitution and F.S. ch. 166.
State law reference—Supplementary procedure for public
improvements, F.S. ch. 170.
ARTICLE MU. ELECTIONS*
Sec. 1. Rules prescribed by ordinance.
The rules and regulations for the calling and
conduct of elections shall be prescribed by ordi-
'State Iaw reference—Florida election code, F.S. chs. 97-
106.
nance; provided the same shall not be in conflict
with this act.
Sec. 2. Voter qualifications, method of han-
dling election, registration, disquali-
fication, inspection of registration
records.
A. Regular election. The regular municipal elec-
tions shall be held on the first Tuesday following
the first Monday in November each year.
(Amended by election, 3-11-80)
B. Qualified voters and registrants.
Editor's note—This subsection H., which has not been
amended by referendum after July 1, 1973, and which is not
an extraterritorial power, has been editorially deleted as su-
perseded by F.S. §§ 97.041, 98.041, or unnecessary as home
rule powers of a municipality are derived from the constitu-
tion and F.S. ch. 166.
State law references—Voter qualifications, F.S. § 97.041;
voter registration, F.S. § 98.041 et seq.
C. Elected councilmembers. The newly elected
City Councilmembers shall assume the duties of
their office at the next regular meeting of the
Council following their election at the place nor-
mally used for Council meetings,
(Amended by election, 6-6-72; Ord. No. 38-93, § 8,
10-19-93)
Secs. 3.---6. [Reserved.]
(Deleted by election, 6-6-72)
Sec. 7. Voter registration.
There shall be no fee required for [voter] regis-
tration in the City of Cape Canaveral.
Sec. S. Arrangements for elections.
The City Council shall make all necessary ar-
rangements for holding all municipal elections,
and shall declare the results thereof.
See. 9. Voting hours and results.
The result of the voting, when ascertained, shall
be certified by return in duplicate, signed by the
Clerk and the majority of the Election Board, one
copy to be delivered to the Mayor and the other to
the City Clerk, both of whore shall transmit such
returns to the City Council at a meeting to be
held not later than three days after such elec-
CHT:14
CHARTER
tions. At such meeting, the City Council shall can-
vass such returns, and in the absence of a decla-
ration of a contest, by any of the candidates in
such election, shall declare the result of the elec-
tion as shown by the returns made by Clerk and
the Election Board for said election. A tie between
two or more candidates shall be determined as
prescribed by ordinance. The City Clerk, not later
than noon the second day thereafter, shall furnish
a certificate of election to each person shown to be
elected.
Editor's note—The reference to hours in which the polls
are open has been editorially deleted as superseded by state
law.
State law reference—Poll hours established, F.S. § 98.041.
See. 10. Recall of elected officers.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as superseded
by F.S. § 100.361.
State law reference --Recall of municipal officials, F.S. §
100.361.
See. 11. Reasons for recall.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra.
territorial power, has been editorially deleted as superseded
by F.S. § 100.361.
State law reference—Recall of municipal officials, F.S. §
100.361.
Sec. 12. Initiative petition for ordinance.
Any lawful ordinance, including ordinances for
the repeal of ordinances then in effect or which
have been enacted but not yet effective, may be
submitted to the City Council by a petition, signed
by at least twenty-five percent (25%) of the total
number of registered voters in the City. All peti-
tions circulated with respect to any proposed or-
dinance shall set out the proposed ordinance in
full and shall have printed or written thereon the
name of five electors who shall be officially re-
garded as filing the petition, and shall constitute
a committee of the petitioners for purpose herein-
after named; each signer of the petition shall sign
his name in ink or indelible pencil and shall place
on the petition opposite his name the date of his
signature. The signatures to any petition need not
be appended to one paper, but to each such paper
shall be attached an affidavit by the circulator
Art. M, § 15
thereof, stating the number of signers to such part
of the petition and that each signature appended
to the paper is the genuine signature of the person
whose name it purports to be, and that it was
made in the presence of the affiant on the date
indicated.
Sec. 13. Filing of initiative petition.
All papers comprising an initiative petition shall
be assembled and filed with the City Clerk as one
instrument within thirty (30) days of the first sig-
nature thereon, and when so filed the City Clerk
shall submit the same to the City Council at its
next regular meeting and provisions shall be made
by the City Clerk for public hearing upon the pro-
posed ordinance.
Sec. 14. Procedure on initiative petition.
The City Council shall at once proceed to con-
sider such petition and shall take final action
thereon within thirty (30) days after the date of
submissions. If the City Council rejects any of the
provisions of the proposed ordinance, as set forth
in the petition, the City Clerk shall at once cause
notice of the filing of such petition and the refusal
of the City Council to pass said ordinance, to be
published in a newspaper published in the County
of Brevard, Florida, and the City Council shall at
once proceed to submit the passage of the ordi-
nance to the majority vote of the qualified electors
of the City voting in such an election. If a regular
or special election is to be held in the City, not
earlier than thirty (30) days, nor later than sixty
(60) days, the ordinance shall be submitted to the
voters at such an, election; otherwise an election
shall be called for such submission within sixty
(60) clays after the refusal of the City Council to
pass such ordinance. At Ieast ten (10) clays before
such election the City Clerk shall cause the text
of the ordinance to be published in a newspaper of
general circulation published in the County of
Brevard, Florida.
Sec. 15. Petition effect on pending ordinance.
When the initiative petition is for an ordinance
repealing or amending an ordinance which has
been enacted, but is not yet effective, the offending
ordinance shall not go into effect until after the
CHT:15
Art. XXI, § 15
CAPE CANAVERAL CODE
initiative referendum has been held and the pro-
visions of the original ordinance upheld.
Seo. 16. Referendum ballot form.
Referendum elections pursuant to the initiative
petition shall be provided for in the same manner
as other elections of the City. The ballot shall be
a piece of plain white paper which shall have
printed upon it the title of the ordinance to be
referred, below which shall be two lines in the
following form:
FOR THE ORDINANCE
AGAINST THE ORDINANCE
The voter shall express himself by placing a
cross (X mark to the right of the line indicating
his desire in the matter.
State law reference—Public measures, ballot, F.S. §
101.161.
Sec. 17. Repeal of ordinances adopted by ref
erendum.
Ordinances adopted by referendum vote can be
amended or repealed only by a referendum vote,
but the proposition to amend or repeal such ordi-
nances may be submitted to the voters in any reg-
ular election of the City; provided, that no later
than fifteen (15) days before such election the City
Council shall cause notice of such reference to be
published in a newspaper of general circulation
published in the County of Brevard, Florida, using
only the title of such ordinance in the notice if it
is to be repealed, but the amendment in full if it is
to be amended. Said notice to be posted in three
public places if there be no newspaper published
in the city.
Sec. 18. City attorney to draft ordinances.
It shall be the duty of the City Attorney to draft
initiative ordinances or to pass upon the legality
of the same when requested to do so by the refer-
endum committee of five.
Sec. 19. Filing fee.
The City Council shall provide by ordinance for
a filing fee for all candidates qualifying to have
their names placed on the election ballot, said fee
not to exceed Fifteen Dollars ($15.00) for each can-
didate.
ARTICLE XXII. ABATEMENT OF
NUISANCES
Editor's note—This article, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as superseded
by state Iaw or obsolete and unnecessary as home rule powers
of a municipality are derived from the constitution and F.S.
ch. 166.
ARTICLE XXIII. EXTENSION OF THE
CORPORATE LIMITS
Editor`s note—This article, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as obsolete and
covered in state law.
State law reference—Annexation, F.S. ch. 171.
ARTICLE 3=. MISCELLANEOUS
Sec. 1. Building codes.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as unnecessary
as home rule powers of a municipality are derived from the
constitution and F.S. ch. 166.
Sec. 2. Constitutional provision and seven
ability.
That if for any reason any section or provision
of this act shall be adjudged unconstitutional or
otherwise inoperative, such facts shall not be held
to affect any other section or provisions of this act
contained, but such other sections or provisions
shall remain in full force and effect as if the sec-
tions or provisions adjudged unconstitutional or
inoperative had not been originally incorporated
in this act.
Sec. 3. Transfer of records.
All records, property and equipment whatsoever
of any office, department, board, commission or
agency, all the powers and duties of which are as-
signed to any other office, department, board, com-
mission or agency by this act, shall be transferred
CHT -16
CHARTER
and delivered to the office, department, board, com-
mission or agency to which such powers and du-
ties of any office, department, board, commission
or agency are by this act assigned to another office,
department, board, commission or agency, and all
records, property and equipment relating exclu-
sively thereto shall be transferred and delivered to
the office, department, board, commission or agen-
cy to which such powers and duties are so as-
signed.
Sec. 4. Procedure for passage of ordinanc-
es.
Editor's note --This section has been editorially deleted as
superseded by the uniform procedure for the adoption of ordi-
nances, F.S. § 166.041.
State law reference—Uniform minimum procedure for
adopting ordinances, F.S. § 166.041.
Sec. 5. General Statutes of the State of Flor-
ida.
The City of Cape Canaveral shall have all the
power, privileges and provisions of the revised
General Statutes of the State of Florida, govern-
ing cities and towns, when not in conflict with the
terms of this act, and the same are hereby made a
part of the Charter.
Sec. 6. Conflicting laws.
That all laws [ordinances] and parts of laws
[ordinances] in conflict with the provisions of this
act be and the same are hereby repealed.
Sec. 7. Investigative procedures.
The City Council, or any committee thereof, or
any advisory board appointed by the City Council
for such purpose, shall have power at any time to
cause the affairs of any department or the conduct
of any officer or employee under their jurisdiction
to be investigated; and for such purpose shall have
power to compel the attendance of witnesses and
the production of books, papers and other evi-
dence; and for that purpose may issue subpoenas
or attachments which shall be signed by the pres-
ident or chairman of the body, or by the officer
making the investigation, and shall be served by
an officer authorized to serve such process. The
authority making such investigation shall have
power to cause the testimony to be given under
Supp. No. 1
Art. XXIV, § 11
oath, such oath to be administered by some officer
having authority under the law of the State of
Florida to administer oaths. Failure to obey such
subpoena or to produce books, papers or other ev-
idence as ordered under the provisions of this Sec-
tion shall constitute a misdemeanor and shall be
punishable by a fine not to exceed Five Hundred
Dollars ($500.00) or by imprisonment not to ex-
ceed sixty (60) days, or both.
Sec. 8. Nepotism.
(a) No member of the immediate family of the
Mayor or a member of the City Council shall be
eligible to hold a salaried position with the City of
Cape Canaveral. Immediate family shall be
deemed to include spouse, parent, child, grand-
parent, grandchild, and sibling of the whole or
half blood.
(b) Except as stated in this section, Section
112.3135, Florida Statutes, as amended from time
to time, or any successor statute, shall govern the
appointment, employment, promotion and ad-
vancement of individuals in employment or to any
position over which the City Council or members
of the City staff exercise jurisdiction or control.
(Amended by election, 11-3-92; Ord. No. 34-94, §
2,9-20-94)
State law reference—Nepotism, F.S. § 112.3135.
See. 9. Gender.
Whenever in this act the masculine personal
pronoun is used it shall be considered to mean
either masculine or feminine.
Sec. 10. Continuance of officers and ordi-
nances.
Editor's note—This section, which has not been amended
by referendum after July 1, 1973, and which is not an extra-
territorial power, has been editorially deleted as unnecessary
as home rule powers of a municipality are derived from the
constitution and F.S. ch. 166.
Sec. 11. Freedom from tort liabilities.
Editor's note—This section has been editorially deleted as
superseded by F.S. § 768.28.
State law reference—Tort liability, F.S_ § 766.28.
CHT.17
Art. XXIV, § 12 CAPE CANAVERAL CODE
See. 12. Notice of damage claim required.
Editor's note—This section has been editorially deleted as
superseded by F.S. § 768.28.
State law reference—Tort claims and sovereign immuni-
ty, F.S. § 768.28.
Sec. 13. Benefit from contracts prohibited.
Editor's note—This section has been editorially deleted as
superseded by F.S. § 112.311 et seq.
State law reference—Code of ethics for public officials,
F.S. § 112.311 et seq.
Sec. 14. [Effective date.]
This bill shall take effect immediately upon be-
coming a law.
Became a law without the Governor's approval.
Filed in Office of the Secretary of State on May 16,
1963.
Supp. No. 1 CHT. 18
Draft Revised Charter as of 06-25-2010 Exhibit `B" Page 1 of 20
Ordinance 09-2010
Preamble
We the people of the City of Cape Canaveral, Under the constitution and laws of
the State of Florida, in order to secure the benefits of local self-government and to
provide for an honest and accountable council-manager government do hereby adopt
this charter and confer upon the city the following powers, subject to the following
restrictions, and prescribed by the following procedures and governmental structure. By
this action, we secure the benefits of home rule and affirm the values of representative
democracy, professional management, strong political leadership, citizen participation,
and regional cooperation.
Article I
POWERS OF THE CITY
Section 1.01 Powers of the City.
The city shall have all powers possible for a city to have under the constitution and laws
of the state as fully and completely as though they were specifically enumerated in this
charter.
Section 1.02 Incorporation of the City of Cape Canaveral.
That a municipal corporation under and by the name of City of Cape Canaveral is
originally and hereby created, organized and established in the County of Brevard and
in the State of Florida, and became a law without the Governor's approval. Filed in the
Office of the Secretary of State on May 16, 1963, which said City shall embrace, include
and have jurisdiction over all that territory in Brevard County described as follows:
The tract of land situated in Sections 14, 15, 16, 17, 20, 21, 22, 23, 26, 27, 28 and 29 of
Township 24 South, Range 37 East and being all of that land lying south of the South
limits of the Cape Canaveral Missile Test Annex, now known as Canaveral Port
Authority, extended westerly to the center line of the established ship channel in the
Banana River, and extended easterly to a point in the Atlantic Ocean 1,000 feet east of
the mean high water line of the Atlantic Ocean, and north of a line described as follows:
Beginning at the intersection of a westerly extension of the South line of Lot 21 in
Banana River Estates, as recorded in Plat Book 10, Page 1, of the Public Records of
Brevard County, Florida, and the center line of the established channel of Banana River;
thence along such westerly extension and the South line of Lot 21 in an easterly
direction to the westerly right-of-way line of Palm Avenue (SR No. 401); thence continue
along the easterly extension of the last described line to the East right-of-way line of
Palm Avenue (SR No. 401); thence northerly along the East right-of-way line of said
Palm Avenue (SR No. 401) approximately 2,440 feet to a point in the middle of Block
73, in the Avon -by -the -Sea subdivision which is the point separating Lot 1 and Lot 9 in
said Block 73, thence easterly along the rear line of the lots in Blocks 73, 74, 75, and
Draft Revised Charter as of 06-25-2010 Page 2 of 20
76, being the blocks bounded on the North by Johnson Avenue and on the South by
Grant Avenue to the intersection of this line with the mean high water line of the Atlantic
Ocean, thence East 1,000 feet to the East boundary line hereinafter set forth; and
bounded on the West by the center line of the established ship channel in the Banana
River, and on the East by a line paralleling the shoreline and 1,000 feet East of the
mean high water line of the Atlantic Ocean; excepting the lands owned by the
Canaveral Port Authority and/or any additional government-owned lands as of January
12, 1962, and including all littoral and riparian rights pertaining thereto.
Together with: Lots 13 through 20 inclusive, Banana River Estates, as recorded in Plat
Book 10, Page 1, of the Public Records of Brevard County, Florida.
Together with: Lots Six (6) through Nine (9) inclusive, in Block Seventy-five (75)
according to the Plat of Avon -By -The -Sea Subdivision, as recorded in Plat Book 3,
Page 7, of the Public Records of Brevard County, Florida.
Together with: Lots 9 through 12, Block 73, Avon -By -The -Sea Subdivision, as recorded
in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida.
[Note__ Committee rbcommends City Counc11lhave a_surveyor review above to
ensure.descri if is correct ]
Section 1.03 Construction.
The powers of the city under this charter shall be construed liberally in favor of the city,
and the specific mention of particular powers in the charter shall not be construed as
limiting in any way the general power granted in this article.
Section 1.04 Intergovernmental Relations.
The city may participate by contract or otherwise with any governmental entity of this
state or any other state or states or the United States in the performance of any activity
which one or more of such entities has the authority to undertake.
Article it
CITY COUNCIL
Section 2.01 General Powers and Duties.
All powers of the city shall be vested in the City Council, except as otherwise provided
by law or this charter, and the City Council shall provide for the exercise thereof and for
the performance of all duties and obligations imposed on the city by law.
Draft Revised Charter as of 06-25-2010 Page 3 of 20
Section 2.02 Composition, Eligibility, Terms.
(a) Composition. There shall be a City Council composed of a Mayor and four (4)
council members elected by the voters of the city at large during a nonpartisan election
held in accordance with provisions of Article VI.
(b) Eligibility. The Mayor and members of the City Council shall be residents of the
City of Cape Canaveral and shall have and possess the qualifications of Registered
Voters of the City of Cape Canaveral. Any member of the Council or any Mayor who
shall cease to have and possess the qualifications imposed on such office or who shall,
while in office, be convicted of a crime involving moral turpitude, shall forfeit his or her
office and his or her seat shall immediately become vacant. Absence from three (3)
consecutive regular meetings of the City Council, or from thirty percent (30%) of the
meetings held annually, shall operate to vacate the seat of a member of the City Council
or the office of the Mayor unless such absence shall be excused by a resolution duly
adopted by the City Council.
(c) Terms of Office. The term of office for the Mayor and City Council members
shall be three (3) years elected in accordance with Article VI. There shall be no limit on
the total number of terms the Mayor or Council members may serve, except that each
shall be limited to two (2) consecutive elected terms of office. This limitation shall not
prohibit a person who has served two (2) consecutive elected terms of office as Council
member from qualifying and being elected as Mayor. Any person "termed -out" of office
by this section, after having been out of office for a period of one (1) year, may qualify
and be elected as Mayor or Council member.
The accruing of consecutive terms shall include only those terms beginning with the
November 2, 2010 general election and all other terms arising out of subsequent
elections.
(d) Elected Council Members. Any newly elected Mayor and City Council member
shall assume the duties of office at the next regular meeting of the City Council following
their election.
Section 2.03 Mayor.
(a) Powers and Duties. The Mayor shall be a voting member of the City Council
and shall attend and preside at meetings of the City Council, represent the city in
intergovernmental relationships, present an annual state of the city message, and
perform other duties specified by the City Council. The Mayor shall be recognized as
head of the city government for all ceremonial purposes and by the governor for
purposes of military law but shall have no administrative duties.
Mayor Pro Tem. The City Council shall annually elect from its membership a Mayor
Pro Tem, who shall act as the Mayor in the Mayor's absence.
Draft Revised Charter as of 06-25-2010
Section 2.04. Compensation; Expenses.
Page 4 of 20
The City Council may, by Ordinance, provide for the compensation of the Mayor, its
members and its appointed officers, and the method of payment of the same.
Section 2.05. Prohibitions.
(a) Holding Other Office. Except where authorized by law, no council member
shall hold any other elected public office during the term for which the member was
elected to the council. No council member shall hold any other city office or city
employment during the terms for which the member was elected to the council. No
former council member shall hold any compensated appointive office or employment
with the city until one year after expiration of the term for which the member was elected
to the council, unless granted a waiver by the Florida Commission on Ethics.
(b) Nothing in the section shall be construed to prohibit the council from selecting
any current or former council member to represent the city on the governing board of
any regional or other intergovernmental agency.
(c) Appointments and Removals. Neither the city council nor any of its members
shall in any manner control or demand the appointment or removal of any city
administrative officer or employee whom the city manager or any subordinate to the City
manager is empowered to appoint, but the council may express its views and fully and
freely discuss with the city manager anything pertaining to appointment and removal of
such offices and employees.
(d) Interference with administration. Except for the purposes of inquiries, and
investigations under § 2.09, the council or its members shall deal with city officers and
employees who are subject to the direction of the supervision of the city manager solely
through the city manager, and neither the council nor its members shall give orders to
any such officer or employee, either publically or privately.
Section 2.06 Vacancies; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of a council member shall become vacant upon the
member's death, resignation, or removal from office or forfeiture of office in any manner
authorized by law.
(b) Forfeiture of Office. A council member shall forfeit that office if the council
member:
(1) Fails to meet the residency requirements,
(2) Violates any express prohibition of this charter,
(3) Is convicted of a crime involving moral turpitude, or
Draft Revised Charter as of 06-25-2010
Page 5 of 20
(4) Fails to attend three (3) consecutive regular meetings of the council or
thirty percent (30%) of all meetings held annually, without being excused
by the council.
(c) Filling of Vacancies. A vacancy in the city council shall be filled for the
remainder of the unexpired term, if any, at the next regular election following not less
than sixty days upon the occurrence of the vacancy, but the council by a majority vote of
all its remaining members shall appoint a qualified person to fill the vacancy until the
person elected to serve the remainder of the unexpired term takes office. If the council
fails to do so within thirty days following the occurrence of the vacancy, the election
authorities shall call a special election to fill the vacancy, to be held not sooner than
ninety days and not later than 120 days following the occurrence of the vacancy, and to
be otherwise governed by law. Notwithstanding the requirements in § 2.11(c), if at any
time the membership of the council is reduced to less than four (4), the remaining
members may by majority action appoint additional members to raise the membership
to five (5).
Section 2.07. Judge of Qualifications.
The city council shall be the judge of the qualifications of its members, and of the
grounds for forfeiture of their office. In order to exercise these powers, the council shall
have power to subpoena witnesses, administer oaths and require the production of
evidence. A member charged with conduct constituting grounds for forfeiture of office
shall be entitled to a public hearing on demand, and notice of such hearing shall be
published in one or more newspapers of general circulation in the city at least one week
in advance of the hearing.
Section 2.08. City Cleric.
The city manager shall appoint an officer of the city who shall have the title of city clerk.
The city clerk shall give notice of council meetings to its members and the public, keep
a journal of its proceedings and perform such other duties as are assigned by this
charter or by the council or by the state law.
Section 2.09 Investigations.
The city council may make investigations into the affairs of the city and the conduct of
any city department, office or agency and for this purpose may subpoena witnesses,
administer oaths, take testimony, and require the production of evidence. Failure or
refusal to obey a lawful order issued in the exercise of these powers by the council shall
be a misdemeanor punishable by a fine of not more than $500.00, or by imprisonment
for not more than 60 days or both.
Section 2.10 Independent Audit.
The city council shall provide for an independent annual audit of all city accounts
consistent with the requirements of Florida law and may provide for more frequent
audits as it deems necessary.
Draft Revised Charter as of 06-25-2010
Section 2.11 Procedure.
Page 6 of 20
(a) Meetings. The council shall meet regularly at least once in every month at such
times and places as the council may prescribe by rule. Special meetings may be held
on the call of three or more members and, whenever practicable, upon no less than
twelve hours notice to each member. Except as allowed by state law, all meetings shall
be public.
(b) Rules and Journal. The city council shall determine its own rules and order of
business and shall provide for keeping a journal of its proceedings. This journal shall be
a public record.
(c) Voting. Voting, except on procedural motions, shall be by roll call and the ayes
and nays shall be recorded in the journal. Three members of the council shall constitute
a quorum, but a smaller number may adjourn from time to time and may compel the
attendance of absent members in the manner and subject to the penalties prescribed by
the rules of the council. No action of the council, except as otherwise provided in the
preceding sentence, in § 2.06(c) and Section 2.14 shall be valid or binding unless
adopted by the affirmative vote of three (3) or more members of council.
Section 2.12. Action Requiring an Ordinance.
In addition to other acts required by law or by specific provision of this charter to be
done by ordinance, those acts of the city council shall be by ordinance which:
(1) Adopt or amend any administrative code or establish, alter, or abolish any
city department, office, or agency.
(2) Provided for a fine or other penalty or establish a rule or regulation for
violation of which a fine or other penalty is imposed;
(3) Grant, renew or extend a franchise;
(4) Regulate the rate charged for its services by a public utility;
(5) Authorize the borrowing of money;
(6) Convey or lease or authorize the conveyance or lease of any lands of the
city;
(7) Regulate land use and development;
(8) Amend or repeal any ordinance previously adopted; or
(9) Adopt, with or without amendment, ordinances proposed under the
initiative power.
Draft Revised Charter as of 06-25-2010 Page 7 of 20
Acts other than those referred to in the preceding sentence may be done either by
ordinance or by resolution.
Section 2.13. Ordinances in General.
(a) Form. Every proposed ordinance shall be introduced in writing and in the form
required for final adoption. No ordinance shall contain more than one subject, which
shall be clearly expressed in its title. The enacting clause shall be "The City of Cape
Canaveral hereby ordains..." Any ordinance which repeals or amends an existing
ordinance or part of the city code shall set out in full the ordinance, sections or
subsections to be repealed or amended, and shall indicate matters to be omitted by
enclosing it in brackets or by strikeout type and shall indicate new matters by
underscoring or by italics.
(b) Effective Date. Except as otherwise provided in this charter, every adopted
ordinance shall become effective at the expiration of 10 (ten) days after adoption or any
date specified in the ordinance.
(c) Publication of Ordinances. Every proposed ordinance shall be published and
advertised consistent with the requirements of Florida law.
Section 2.14 Emergency Ordinances.
To meet a public emergency affecting life, health, property or the public peace, the city
council may adopt one or more emergency ordinances, but such ordinances may not
levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public
utility for its services or authorize the borrowing of money except as provided in §
5.07(b). An emergency ordinance shall be introduced in the form and manner
prescribed for ordinances generally, except that it shall be plainly designated as an
emergency ordinance and shall contain, after the enacting clause, a declaration stating
that an emergency exists and describing it in clear and specific terms. An emergency
ordinance may be adopted with or without amendment or rejected at the meeting at
which it is introduced, but the affirmative vote of at least two-thirds (213) of the members
present shall be required for adoption. After its adoption, the ordinance shall be
published and printed as prescribed for other adopted ordinances. It shall become
effective upon adoption or at such later time as it may specify. Every emergency
ordinance except one made pursuant to § 5.07(b) shall automatically stand repealed as
of the sixty-first day following the date on which it was adopted, but this shall not
prevent re-enactment of the ordinance in the manner specified in this section if the
emergency still exists. An emergency ordinance may also be repealed by adoption of a
repealing ordinance in the same manner specified in the section for adoption of
emergency ordinances.
Section 2.15. Codes of Technical Regulations.
The city council may adopt any standard code of technical regulations by reference
thereto in an adopting ordinance. The procedure and requirements governing such an
adopting ordinance shall be as prescribed for ordinances generally except that:
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Page 8 of 20
(1) The requirements of § 2.13 for distribution and filing of copies of the
ordinance shall be construed to include copies of the code of technical
regulations as well as of the adopting ordinance, and
(2) A copy of each adopted code of technical regulations as well as of the
adopting ordinance shall be authenticated and recorded by the city clerk
pursuant to § 2.16(a)
Copies of any adopted code of technical regulations shall be made available by the city
clerk for distribution or for purchase at a reasonable price.
Section 2.16. Authentication and Recording; Codification; Printing of Ordinances
and Resolutions.
(a) Authentication and Recording. The city clerk shall authenticate by signing and
shall record in full in a properly indexed book kept for the purpose all ordinances and
resolutions adopted by the city council.
(b) Codification. Within five years after adoption of this charter and at least every
fifteen to twenty years thereafter, the city council shall provide for the preparation of a
general codification of all city ordinances having the force and effect of law. The
general codification shall be adopted by the council by ordinance and shall be
published, together with this charter and any amendments thereto, pertinent provisions
of the constitution and other laws of the state of Florida, and such codes of technical
regulations and other rules and regulations as the council may specify. This compilation
shall be known and cited officially as the Cape Canaveral city code. Copies of the code
shall be furnished to city officers, placed in libraries, public offices, and if available, in a
web site for free public reference and made available for purchase by the public at a
reasonable price fixed by the council.
(c) Printing of Ordinances and Resolutions. The city council shall cause each
ordinance and resolution having the force and effect of law and each amendment to this
charter to be printed promptly following its adoption, and the printed ordinances,
resolutions and charter amendments shall be available to the public at reasonable
prices consistent with provisions of Florida law. Following publication of the first Cape
Canaveral city code and at all times thereafter, the ordinances, resolutions and charter
amendments shall be printed in substantially the same style as the code currently in
effect and shall be suitable in form for integration there in. The council shall make such
further arrangements as it deems desirable with respect to reproduction and distribution
of any current changes in or additions to the provisions of the constitution and other
laws of the state of Florida, or the codes and technical regulations and other rules and
regulations included in the code.
Article 111
CITY MANAGER
The City Council shall, by majority vote, appoint a City Manager to be the administrative
head of the government and shall be responsible for the effective administration of all
Draft Revised Charter as of 06-25-2010 Page 9 of 20
departments of the City. The City Manager shall be chosen on the basis of executive
and administrative qualifications. The City Manager may or may not be a resident of the
City or of the State of Florida, at the time of appointment. The City Manager shall hold
office at the will of the Council, and shall receive such salary as may be fixed by the
Council. The duties of City Manager shall be established by the Council, by ordinance.
By letter filed with the City Clerk, the City Manager shall designate, subject to approval
of the City Council, a qualified city administrative officer to exercise the powers and
perform the duties of City Manager during the City Manager's temporary absence or
disability. During such absence or disability, the City Council may revoke such
designation at any time and appoint another administrative officer of the city to serve
until the City Manager shall return.
Article IV
DEPARTMENTS, OFFICES, AND AGENCIES
Section 4.07 General Provisions.
(a) Creation of Departments. The city council may establish city departments, offices,
or agencies in addition to those created by this charter and may prescribe the
functions of all departments, offices, and agencies. No function assigned by this
charter to a particular department, office, or agency may be discontinued or unless
this charter specifically so provides, assigned to any other.
(b) Direction by City Manager. All departments, offices and agencies under the
direction and supervision of the city manager shall be administered by an officer
appointed by and subject to the direction and supervision of the manager. With the
consent of council, the city manager may serve as the head of one or more such
departments, offices, or agencies or may appoint one person as the head of two or
more of them.
Section 4.02 Personnel System
(a) Merit Principle. All appointments and promotions of city officers and employees
shall be made solely on the basis of merit and fitness demonstrated by a valid and
reliable examination or other evidence of competence.
(b) Merit System. Consistent with all applicable federal and state laws the city council
shall provide for the establishment, regulation, and maintenance of a merit system
governing personnel policies necessary to effective administration of the
employees of the city's departments, offices and agencies, including but not limited
to classification and pay plans, examinations, force reduction, removals, working
conditions, provisional and exempt appointments, in-service training, grievances
and relationships with employee organizations.
Draft Revised Charter as of 06-25-2010
Section 4.03 Legal Officer.
Page 10 of 20
(a) Appointment. The City Council shall appoint a City Attorney, and may appoint
assistant city attorneys, who shall serve at the pleasure of the council, and who
shall be compensated as determined by the council. The city attorney and
assistant city attorneys, if any, shall be lawyers in good standing and licensed to
practice in the state of Florida.
(b) Duties. The city attorney shall serve as the chief legal advisor to the city council,
all of the city's officers and the city departments in matters relating to their official
duties. The city attorney or special counsel, as may be appointed by the city
council, shall represent the city in all legal proceedings, shall prepare all contracts,
bonds, ordinances and other instruments in writing in which the city is concerned,
or shall endorse on each his or her approval of the form, language and execution
thereof. The city attorney shall also perform any other duties prescribed by state
law, by this charter or by ordinance.
Section 4.04. Land Use, Development, and Environmental Planning.
Consistent with all applicable federal and state laws with respect to land use,
development, and environmental planning, the city council shall designate an agency or
agencies to carry out the planning function.
The designated agency, the city manager, and the mayor and council shall seek to act
in cooperation with other jurisdictions and organizations in their region to promote
integrated approaches to regional issues.
Section 4.05. Fire Protection Services
The council shall pass no ordinance, resolution, or motion obligating or authorizing the
City to establish or operate a Fire Department without such plan or proposal having
been first approved by a majority vote of the qualified electors of the City voting in a
general election or one held for this purpose. Nothing herein shall prevent the City from
entering into a Mutual Aid Agreement with any municipality, Brevard County or any
private or federal agency for the purpose of supplementing the fire protection services.
Further providing that any action previously taken by Resolution, motion or otherwise to
establish or operate a Fire Department shall be terminated or stayed until brought into
compliance with this Section.
The council shall not formally commit the City to build or acquire a Fire Station until
such time that the council holds a duly noticed public hearing.
Article V
FINANCIAL MANAGEMENT
Section 5.01 Submission of Budget and Budget Message.
On or before the 301h day of June of each year, the city manager shall submit to the city
council a budget for the ensuing fiscal year and an accompanying message.
Draft Revised Charter as of 06-25-2010
Section 5.02 Budget Message.
Page I I of 20
The city manager's message shall explain the budget both in fiscal terms and in terms
of work programs, linking those programs to organizational goals and community
priorities. It shall outline the proposed financial policies of the city for the ensuing fiscal
year and the impact of those policies on future years. It shall describe the important
features of the budget, indicate any major changes from the current year in financial
policies, expenditures, and revenues together with the reasons for such changes,
summarize the city's debt position, including factors affecting the ability to raise
resources through debt issues, and include such other material as the city manager
deems desirable.
Section 5.03 Budget.
The budget shall provide a complete financial plan of all city funds and activities for the
ensuing fiscal year and, except as required by law or this charter, shall be in such form
as the city manager deems desirable or the city council may require for effective
management and an understanding of the relationship between the budget and the
city's strategic goals. The budget shall begin with a clear general summary of its
contents; shall show in detail all estimated income, indicating the proposed property tax
levy, and all proposed expenditures, including debt service, for the ensuing fiscal year;
and shall be so arranged as to show comparative figures for actual and estimated
income and expenditures of the current fiscal year and actual income and expenditures
of the preceding fiscal year. It shall indicate in separate sections:
(1) The proposed goals and expenditures for current operations during the
ensuing fiscal year, detailed for each fund by department or by other
organization unit, and program, purpose or activity, method of financing
such expenditures, and methods to measure outcomes and performance
related to the goals;
(2) Proposed longer-term goals and capital expenditures during the ensuing
fiscal year, detailed for each fund by department or by other organizational
unit when practicable, the proposed method of financing each such capital
expenditure, and methods to measure outcomes and performance related
to the goals; and
(3) The proposed goals, anticipated income and expenses, profit and loss for
the ensuing year for each utility or other enterprise fund or internal service
fund operated by the city, and methods to measure outcomes and
performance related to the goals. For any fund, the total of proposed
expenditures shall not exceed the total of estimated income plus carried
forward fund balance exclusive of reserves.
Section 5.04 City Council Action on Budget.
The City Council shall adopt the budget consistent with the requirements and
procedures of Florida Law.
Draft Revised Charter as of 06-25-2010 Page 12 of 20
Section 5.05 Appropriation and Revenue Ordinances.
To implement the adopted budget, the city council shall adopt, prior to the beginning of
the fiscal year;
(a) An appropriation resolution making appropriations by department, fund, service,
strategy or other organizational unit and authorizing an allocation for each
program or activity;
(b) A tax levy resolution authorizing the property tax levy or levies and setting the tax
rate or rates; and
(c) Any other resolutions required to authorize new revenue or to amend the rates or
other features of existing taxes or other revenue sources.
Section 5.06 Amendments after Adoption.
(a) Supplemental Appropriations. If during or before the fiscal year the city
manager certifies that there are available for appropriation revenues in excess of those
estimated in the budget, the city council by resolution may make supplemental
appropriations for the year up to the amount of such excess.
(b) Emergency Appropriations. To address a public emergency affecting life,
health, property or the public peace, the city council may make emergency
appropriations. Such appropriations may be made by emergency resolution in
accordance with the provision of § 2.14. To the extent that there are no available un-
appropriated revenues or a sufficient fund balance to meet such appropriations, the
council may by such emergency resolution authorize the issuance of emergency notes.
These notes may be renewed from time to time. The emergency notes and note
renewals shall be paid or refinanced as long-term debt no later than the last day of the
next fiscal year in which the emergency appropriation was made.
(c) Reduction of Appropriations. If at any time during the fiscal year it appears
probable to the city manager that the revenues or fund balances available will be
insufficient to finance the expenditures for which appropriations have been authorized,
the manager shall report to the city council without delay, indicating the estimated
amount of the deficit, any remedial action taken by the manager and recommendations
as to any other steps to be taken. The council shall then take such further action as it
deems necessary to prevent or reduce any deficit and for that purpose it may by
resolutions reduce or eliminate one or more appropriations.
(d) Transfer of Appropriations. At any time or before the fiscal year, the city
council may by resolution transfer part or all of the unencumbered appropriation balance
from one department, fund, service, strategy or organizational unit to the appropriation
for other departments or organizational units or new appropriation. The manager may
transfer funds among programs within a department, fund, service, strategy or
organizational unit and shall report such transfers to the council in writing in a timely
manner.
Draft Revised Charter as of 06-25-2010 Page 13 of 20
(e) Limitation; Effective Date. No appropriation for debt service may be reduced or
transferred, except to the extent that the debt is refinanced and less debt service is
required, and no appropriation may be reduced below any amount required by law to be
appropriated or by more than the amount of the unencumbered balance thereof. The
supplemental and emergency appropriations and reduction or transfer of appropriations
authorized by this section may be made effective immediately upon adoption.
Section 5.07 Financial Advisory Committee
A Financial Advisory Committee comprised of three (3) citizen volunteers or business
owners, who have financial background, shall be appointed by the City Manager. One
member may be a business person from outside the city. The City Manager and the
City Treasurer shall serve in an Ad Hoc Capacity. The purpose of the Committee is to
provide input concerning:
• The overall financial health of the City
• The safety/profitability of the City's financial investments
• The City's budgetary matters.
Section 5.08 Capital Program.
(a) Submission to City Council. The city manager shall prepare and submit to the city
council a multi-year capital program no later than three months before the final date
for submission of the budget.
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) Identification of the long-term goals of the community;
(3) A list of all capital improvements and other capital expenditures which are
proposed to be undertaken during the fiscal years next ensuing;
(4) Cost estimates and recommended time schedules for each improvement or
other capital expenditure;
(5) Method of financing upon which each capital expenditure is to be reliant;
(6) The estimated annual cost of operating and maintaining the facilities to be
constructed or acquired;
(7) A commentary of how the plan addresses the sustainability of the community
and the region of which it is a part; and
(8) Methods to measure outcomes and performance of the capital plan related to
the long-term goals of the community.
Draft Revised Charter as of 06-25-2010 Page 74 of 20
The above shall be revised and extended each year with regard to capital
improvements still pending or in process of construction or acquisition.
Section 5.09 Notice, Hearing and Adoption of Capital Plan.
The city council shall treat the Capital Program as part of the budget.
Article VI
ELECTIONS
Section 6.07 City Elections.
The regular municipal elections shall be held each year on the first Tuesday following
the first Monday in November in accordance with the procedures of Florida Law. All
City Elections shall be nonpartisan.
Section 6.02 Filing fee.
There shall be a filing fee for candidates qualifying to have their names placed on the
election ballot in the amount of $100.00 for each candidate.
Section 6.03. Methods of electing Council Members.
Terms for elected officials shall be staggered. Commencing with the general election of
2011, two (2) council seats shall be placed on the ballot for election; the Mayor shall be
placed on the ballot for election in the next year; and two (2) council seats in the next
year. This shall be a continuous 3 -year rotation. During council seat election years, the
two (2) persons receiving the greatest number of votes shall be declared the winners.
During mayoral elections, the person with the greatest number of votes shall be
declared the winner.
Section 6.04. Initiative and Citizen Referendum.
(a) General Authority for Initiative and Citizen Referendum.
(1) Initiative. The registered voters of the city shall have power to propose
ordinances to the council and, if the council fails to adopt an ordinance so
proposed without any change in substance, to adopt or reject it at a city election,
but such power shall not extend to the budget or capital program or any
ordinance relating to appropriation of money, levy of taxes or salaries of city
officers or employees.
(2) Citizen Referendum. The registered voters of the city shall have power
to require reconsideration by the council of any adopted ordinance and, if the
council fails to repeal an ordinance so reconsidered, to approve or reject it at a
city election, but such power shall not extend to the budget or capital program or
any emergency ordinance or ordinances relating to appropriation of money or
levy of taxes.
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(b) Commencement of Proceeding; Petitioners' Committee; Affidavit. Any five
registered voters may commence initiative or citizen referendum proceedings by filing
with the city clerk an affidavit stating they will constitute the petitioners' committee and
be responsible for circulating the petition and filing it in proper form, stating their names
and addresses and specifying the address to which all notices to the committee are to
be sent, and setting out in full the proposed initiative ordinance, citing the ordinance
sought to be reconsidered.
(c) Petitions.
(1) Number of Signature. Initiative and citizen referendum petition must be
signed by registered voters of the city equal in number to at least 5 percent of the
total number of registered voters to vote at the last regular election.
(2) Form and Content. All papers of a petition shall be uniform in size and style
and shall be assembled as one instrument for filing. Each signature shall be
executed in ink or indelible pencil and shall be followed by the address of the
person signing. Initiative and citizen referendum petitions shall contain or have
attached thereto throughout their circulation the full text of the ordinance
proposed or sought to be reconsidered.
(3) Affidavit of circulator. Each paper of a petition shall have attached to it
when filed an affidavit executed by the person circulating it stating that he or she
personally circulated the paper, the number of signatures thereon, that all the
signatures were affixed in his or her presence, that he or she believes them to be
the genuine signatures of the persons whose names they purport to be and that
each signer had an opportunity, before signing, to read the full text of the
ordinance proposed or sought to be reconsidered.
(4) Time for Filing Referendum. Referendum petitions must be filed within 30
days after adoption by the council of the ordinance sought to be reconsidered.
(d) Procedure after Filing.
(1) Certificate of Clerk; Amendment. Within five (5) calendar days of receipt
of the petitioners' committee petition, the clerk shall forward same to the
Supervisor of Elections for verification of signatures. Within ten (10) calendar
days after the petition is returned from the Supervisor of Elections Office, the city
clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient,
the particulars wherein it is defective and shall promptly send a copy of the
certificate to the petitioners' committee by certified mail. A petition certified
insufficient for lack of the required number of valid signatures may be amended
once if the petitioners' committee files a notice of intent to amend it with the clerk
within two days after receiving the copy of his or her certificate and files a
supplementary petition upon additional papers containing additional signatures
within ten (10) calendar days after receiving the copy of such certificate. Such
supplementary petition shall comply with the requirements of paragraphs (2) and
(3) of § 6.05(c), and within five (5) calendar days after the supplementary petition
Draft Revised Charter as of 06-25-2010
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is returned from the Supervisor of Elections Office the city clerk shall complete a
certificate as to the sufficiency of the petition as amended and promptly send a
copy of such certificate to the petitioners' committee by certified mail as in the
case of an original petition. If a petition or amended petition is certified sufficient
or if a petition or amended petition is certified insufficient and the petitioners'
committee does not elect to amend or request council review under paragraph
(2) of this subsection within the time required, the clerk shall promptly present his
or her certificate to the council and the certificate shall then be a final
determination as to the sufficiency of the petition.
(2) Council Review. If a petition has been certified insufficient and the
petitioners committee does not file notice of intention to amend it or if an
amended petition has been certified insufficient, the committee may, within two
days after receiving the copy of such certificate, file a request that it be reviewed
by the council. The council shall review the certificate at its next meeting
following the filing of such request and approve or disapprove it, and the council's
determination shall then be a final determination as to the sufficiency of the
petitions.
(3) Court Review; New Petition. An aggrieved party may appeal a final
determination as to the sufficiency of a petition to a court of competent
jurisdiction. A final determination of insufficiency, even if sustained upon court
review, shall not prejudice the filing of a new petition for the same purpose.
(e) Referendum Petitions; Suspension of Effect of Ordinance. When a referendum
petition is filed with the city clerk, the ordinance sought to be reconsidered shall be
suspended from taking effect. Such suspension shall terminate when:
(i) There is a final determination of insufficiency of the petition, or
(ii) The petitioners' committee withdraws the petition, or
(iii) The council repeals the ordinance, or
(iv) Thirty days have elapsed after a vote of the city on the ordinance.
(f) Action on Petitions.
(1) Action by Council. When an initiative or referendum petition has been
finally determined sufficient, the council shall promptly consider the proposed
initiative ordinance in the manner provided in Article II or reconsider the referred
ordinance by voting its repeal. If the council fails to adopt a proposed initiative
ordinance without any change in substance within sixty days or fails to repeal the
referred ordinance within thirty days after the date the petition was finally
determined sufficient, it shall submit the proposed or referred ordinance to the
voters of the city.
(2) Submission to Voters of Proposed or Referred Ordinance. The vote on a
proposed or referred ordinance shall be held at the next regularly scheduled
election, provided the final council vote takes place more than 75 days prior to
the date of the general election.
Draft Revised Charter as of 0625-2010
(g) Results of Election.
Page 17 of 20
(1) Initiative. If a majority of the registered voters voting on a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as
ordinances of the same kind adopted by the council. If conflicting ordinances are
approved at the same election, the one receiving the greatest number of
affirmative votes shall prevail to the extent of such conflict.
(2) Referendum. If a majority of the registered voters voting on a referred
ordinance vote against it, it shall be considered repealed upon certification of the
election results.
(h) Repeal of ordinances adopted by referendum.
Ordinances adopted by referendum vote can be amended or repealed only by a
referendum vote, but the proposition to amend or repeal such ordinances may be
submitted to the voters in any regular election of the City, provided that the City
Council shall cause notice of such reference to be published in a newspaper of
general circulation published in the County of Brevard, Florida, using only the title
of such ordinance in the notice if it is to be repealed, but the amendment in full if
it is to be amended. Said notice shall be published according to the requirements
of Florida Law.
Section 6.05 Recall.
Recall of council members shall be done in accordance with the general law of the State
of Florida.
Article VII
GENERAL PROVISIONS
Section 7.01. Conflicts of Interest and Ethics.
Florida Statute Chapter 112, Part 111, as may be amended, shall govern conduct related
to conflicts of interest and ethics.
(a) Ethics. The city council shall appropriate sufficient funds to provide, require and
attend annual training and education of city officials, appointed officials, employees,
volunteer advisory board/committee members and candidates for public office,
regarding the ethics code.
(b) Penalties. Any person convicted of a violation of this section shall be ineligible for
a period of five years following such conviction to hold any city office or position and, if
any officer or employee of the city, shall immediately forfeit his or her office or position.
The city council shall establish by ordinance such further penalties as it may deem
appropriate.
Draft Revised Charter as of 06-25-2010
Section 7.02 Campaign Finance.
Page 18 of 20
Chapter 106, Florida Statutes, as may be amended, shall govern conduct related to
campaign finance.
Section 7.03 Nepotism.
(a) No member of the immediate family or a significant other of the Mayor or a member
of the City Council shall be eligible to hold a paid position with the City of Cape
Canaveral. Immediate family shall be deemed to include spouse, parent, child,
grandparent, grandchild, niece, nephew and sibling of the whole or half blood.
"Significant other" shall be deemed to include any person in a family -type living
arrangement or domestic partnership with the Mayor or a member of the City Council,
and who would constitute a spouse if married to the Mayor or a member of the City
Council.
(b) Except as stated in this section, Section 112.3135, Florida Statutes, as amended
from time to time, or any successor statute, shall govern the appointment, employment,
promotion and advancement of individuals in employment or to any position over which
the City Council or members of the City staff exercise jurisdiction or control.
State law references: Nepotism, F.S. § 112.3135.
Article VIII
CHARTER AMENDMENT
Section 8.01 Proposal of Amendment.
Amendments to this charter may be framed and proposed:
(a) In the manner provided by law, or
(b) By ordinance of the council containing the full text of the proposed
amendment and effective upon adoption or
(c) By the voters of the City.
Proposal of an amendment by the voters of the city shall be by petition containing the
full text of the propose amendment and shall be governed by the same procedures and
requirements prescribed in Article VI for initiative petitions until such time as a final
determination as to the sufficiency of the petition is made, except that there shall be no
limitation as to the subject matter and that the petition must be signed by registered
voters of the city equal in number to at least 10 percent of the total number of those
registered to vote at the last regular city election. The petitioners' committee may
withdraw the petition at any time before the fifteenth day immediately preceding the day
scheduled for the city vote on the amendment.
Draft Revised Charter as of 06-25-2010
Section 8.02 Election.
Page 19 of 20
Upon delivery to the city clerk of the report of a charter commission or delivery by the
city council of an adopted ordinance or a petition finally determined sufficient, proposing
an amendment pursuant to § 8.01, the city clerk shall submit the proposed amendment
to the voters of the city at the next regularly scheduled election, provided the receipt
takes place more than 75 days prior to the date of the general election. The city clerk
shall cause notice of such ballot items to be published according to Florida Law.
Section 8.03. Adoption of Amendment.
If a majority of those voting upon a proposed charter amendment vote in favor of it, the
amendment shall become effective at the time fixed in the amendment or, if no time is
therein fixed, 30 days after its adoption by the voters.
Article 1X
TRANSITION AND SEVERABILITY
Section 9.01 Pending Matters.
All rights, claims, actions, orders, contracts, and legal administrative proceedings shall
continue except as modified pursuant to the provisions of this charter and in each case
shall be maintained, carried on or dealt with by the city department, office or agency
appropriate Under this charter.
Section 9.02 State of Municipal Laws.
In General. All city ordinances, resolutions, orders and regulations which are in force
when this charter becomes fully effective are repealed to the extent that they are
inconsistent or interfere with the effective operation of this charter or of ordinances or
resolutions adopted pursuant thereto.
Section 9.03. Schedule.
(a) Election. Elections shall be conducted as outlined in Section 6.01.
(b) Time of Taking Full Effect. This Charter shall take effect immediately upon
adoption pursuant to the requirements of Florida law.
(c) Salary of Mayor and Council Members. The mayor and council members shall
receive compensation as established by ordinance and set forth in the city code.
Section 9.04. Severability.
If any provision of this charter is held invalid, the other provisions of the charter shall not
be affected. If the application of the charter or any of its provisions to any person or
Draft Revised Charter as of 0625-2010
Page 20 of 20
circumstance is held invalid, the application of the charter and its provisions to other
persons or circumstances shall not be affected.
EXHIBIT "C"
Ordinance No. 09-2010
NOTICE OF CITY OF CAPE CANAVERAL CHARTER REFERENDUM QUESTIONS
Pursuant to the provisions of Section 100.342, Florida Statutes, notice is hereby given
that at a City Charter referendum election to be held on November 2, 2010, or such other date as
may be authorized by law, there shall be submitted to the citizens of Cape Canaveral the
questions described in Ordinance 09-2010, adopted by the City Council of the City of Cape
Canaveral, Florida on the 16" day of August, 2010. The title of the Ordinance is as follows:
ORDINANCE NO. 09-2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR A REFERENDUM
ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 2, 2010
GENERAL ELECTION OR AN ELECTION SCHEDULED
THEREAFTER; PROVIDING FOR REFERENDUM QUESTIONS
PROPOSING THE ADOPTION OF A NEW, UPDATED CITY CHARTER;
AND PROPOSING AMENDMENTS TO ARTICLES III AND XIV
REVISING CHARTER SECTIONS REGARDING MAYOR AND
COUNCILMEMBER TERM LIMITS AND CONTRACTING FOR FIRE
PROTECTION SERVICES; PROVIDING FOR A NOTICE OF CITY OF
CAPE CANAVERAL CHARTER REFERENDUM QUESTIONS;
PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF
ELECTIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE
DATE.
The ballot caption and referendum questions are as follows:
Question #1
CAPE CANAVERAL CHARTER AMENDMENT
NEW CITY CHARTER
Shall the current City Charter be repealed and replaced in its
entirety with an updated and reorganized City Charter, based
substantially on the latest edition of the National Civic League's
Model City Charter, and updated in accordance with State law?
Yes, For Charter Amendment
No, Against Charter Amendment
Question #2
CAPE CANAVERAL CHARTER AMENDMENT
MAYOR AND COUNCILMEMBER TERM LIMITS
This amendment imposes term limits on the Mayor and
CounciImembers by prohibiting persons from serving more than two
consecutive elected terms as Mayor or Councilmember with the
exception that persons having served two consecutive elected terms as
Councilmember may then qualify and be elected for two additional
consecutive terms as Mayor. Other than the consecutive term
limitations, there shall be no limit on the total number of terms persons
may serve as Mayor or Councilmember.
Yes, For Charter Amendment
No, Against Charter Amendment
Question #3
CAPE CANAVERAL CHARTER AMENDMENT
CONTRACTING FOR FIRE PROTECTION SERVICES
The current Charter requires approval by a majority of the qualified
City electors for the City Council to contract for fire protection services
with an entity other than the Cape Canaveral Volunteer Fire
Department, Inc. Shall the Charter be amended to repeal this provision
so that the City Council may contract with an entity other than the Cape
Canaveral Volunteer Fire Department, Inc. without City elector
approval?
Yes, For Charter Amendment
No, Against Charter Amendment
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: August 2, 20'10
Item No.
Subject: Draft Binding Development Agreement — 6395 N. Atlantic Ave., Banana River,
L.P.
Department: Community Development
Summary: Property owner, John Porter, requests that the City enter into a
development agreement to allow him 90 days to repair the structure and reduce
associated code enforcement fines to staff costs, but not to exceed $2,500.
Requested Council Action: Review the draft agreement, provide input and direction.
Financial Impact: Up-to-date staff costs will be presented On August 2na. As of this
date, the accruing lien totals $53,000. It will continue to accrue at $250 per day until
found in compliance. On November 3`d, the amount will be approximately $75,750.
Attachments: a,6upporting Documents Reviewed
Draft Binding Development Agreement.
Submitting Department Head: Todd Mori e Date: July 26, 2010
Approved by City Manager: Date: -7/37/ f
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT
executed this day of 4
the CITY OF CAPE CANAVERAL, FLORIDe
whose address is 105 Polk Avenue, Cape"City"), and BANANA RIVER LP, a Dela p
N Atlantic Avenue, Cape Canaveral, Florid 20
WHEREAS,
Vlll, of the Stat+
except when exj
he
ment"), is made, and
60, by and between
;Melinafter"Ow
Iorida m al
ral, Florida
whose a
corporation,
(hereinafter
s is 6419
1 r" ).
thorit?,Wnder Section 2(b) , Article
any power for municipal purposes,
d
properf7owner of record of certain parcels of
Cape Canaveral and more particularly described
WH a ce portion of the Subject Property, consisting of 1.03
acres of lan , 9 Atlantic Avenue, was found to be in violation of the
Standard Unsafe ing Abatement Code, Code Enforcement Board Case #09-
00148 dated November 19, 2009; and
WHEREAS, Owner has declared bankruptcy under Chapter 11 and desires
to bring the Subject Property into compliance with the Code Enforcement
Boards order by repairing said facilities in accordance with City Codes.
BINDING DEVELOPMENT AGREEMENT
Page 1 of 11
WHEREAS, the City and Owner believe it to be in the best interests of both
parties to enter into this Agreement to effectuate the repairs to the facilities of
the Subject property, subject to the terms and conditions agreed to hereunder.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties mutually agree as follows: A
Section i . * Recitals. The foregoing recitals a and correct and are
hereby incorporated herein by this reference.
Section 2. Authori . This Agree is entered into suant to the
City's home rule powers granted by t loridaC stitution a e Florida
Municipal Home Rule Powers Act.
Section 3. Definitions.
this Agreement shat[ have the
context clearly indicate_Lherwise:
Agk
sh
entered iweeSection 3
CitymZl
nicipal corp ion.
Code
Cape
can
City
ng Aft and phrases contained in
ia- fort this section unless the
Binding Development Agreement
the Owner effective as defined in
the City of Cape Canaveral, Florida, a Florida
shall mean the Code of Ordinances of the City of
City Code Enforcement Board shall mean the Code Enforcement
Board of the City of Cape Canaveral, Florida.
City Council shall mean the City Council of the City of Cape
Canaveral, Florida.
BINDING DEVELOPMENT AGREEMENT
Page 2ofII
City Manager shall mean the City Manager of the City of Cape
Canaveral, Florida, or the City's Manager's designee.
Owner shall mean Banana River LP, a Delaware corporation.
Subject Property shall mean that real property as described within
this Agreement. AL
Section 4. Obligations_ and Commitments.
agree as follows:
(a) Sub'ect Pro ert Co ce
(90) days of the City Councils a val of
procure the appropriate permits f th
with the Code EnforcemenjL-Board orde
ity and Owner hereby
The Ow shall within
0i've
lopme reement, ,.
Ced achieve ompliance
#09-00148.
(b) Finding of Co a on t nding of compliance by
the Code Enforce nt Board the p anaveral, of case #09-
00148, Parce --26-0 3.1--0 .00 and case #09-00117,
Parcel ID --26--0 0251. 000.00, the Owner agrees to pay the
reasonabl t of pr ution in amount not to exceed $2,500, and
a recommen orcement Board to the City Council
t ccr fines relate these two cases.
(c) Sa ctio release of Code Enforcement Liens. The City
it consiste ith t e provisions of City Code Section 2-260 shall
cons the rec endation from the Code Enforcement Board to abate
all accr i cases #09-00148 and 09-0017 and by motion satisfy
and releas code enforcement liens.
(d) Development of Subject progerty. The City agrees that the
Owner shall have the right to design, permit, repair, construct and
redevelop Subject property as set forth by the requirements of the City
Code.
BINDING DEVELOPMENT AGREEMENT
Page 3of11
Section 5. Default by Owner. Failure of Owner to perform each and
every one of its obligations as set forth in this Agreement shall constitute a
default, entitling the City to pursue, an action for specific performance. Prior to
filing an action for specific performance as a result of Owner's default under
this Agreement, the City shall first provide Owner with written Notice of said
default pursuant to Section 8 hereunder. Upon receipt said Notice, Owner
shall be provided fifteen (15) calendar days in which re the default to the
City's complete satisfaction; provided however, if ture of the default is
such that it cannot reasonably be cured within fi (15) calendar day
period, Owner shall not be deemed in defa Owner c ences such cure
within the fifteen (15) day period ereafter exer continuous
reasonable efforts to cure until such cuM accompl,&ed.
Section 6.
each represent and warrant to
execute, deliver and perform th rm
has taken all necess action
performance of this t. Th
delivered by the and Ow , cons
enforceable aga the pa hereto
with the terms and
Pa The City and Owner hereby
that it the power and authority to
rovi of this Agreement and
e ecution, delivery and
Pnt , when duly executed and
e a legal, valid and binding obligation
the Subject Property in accordance
ent.
tion 7. es and Assigns. This Agreement shall autornaticaIly
be b g upon an II Nito the benefit of the City and Owner and their
respect uccessors assigns. The terms and conditions of this Agreement
similarly s e bind' upon the Subject Property and shall run with title to
the same.
Section 8. Notices. Any notice required or allowed to be delivered
hereunder shall be in writing and shall be deemed delivered: (a) when hand
delivered to the City official or Owner representative hereinafter designated, (b)
one business day after deposit with a nationally recognized overnight courier
service, e.g. Federal Express, Purolator, Airborne, Express Mail etc., or (c) one
BINDING DEVELOPMENT AGREEMENT
Page 4 of 11
business day after facsimile delivery, addressed or faxed to the party at the
address or facsimile number specified below:
Notice to City:
With a copy to:
Noti9MWOwne
City of Cape Canaver
Attn: City Manag
105 Polk Aven
Cape Canav , FL 0
Facsimil (321) 8 24
M hony Ga nese, Esq I
City pe neral, City Att rney
Brown, ese, Weiss & D'Agresta, P.A.
. Box 2
O FN32873
csi 425-9596
B na River, LP
64.N.Atlantic Avenue
Wanaveral, FL. 32920
ile No. (321) --
Kenneth D. Herron, Jr.
Wolff, Hill, McFarlin, & Herron, P.A.
1851 W. Colonial Drive
Orlando, FL. 32804
Facsimile No. (407) 648-0681
Section 9. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
BINDING DEVELOPMENT AGREEMENT
Page 5 of 71
Section 10. Amendments. This Agreement shall not be modified or
amended except by written agreement duly executed by both parties hereto (or
their successors or assigns) and approved by the City Council_
Section 11. Entire Agreement. This Agreement supersedes any other
agreement, oral or written, and contains the entire agreement between the City
and Owner as to the subject matter hereof.
Section 12. Severability.
to be invalid or unenforceab
jurisdiction, the same shall not affect
enforceability of the remainder of this AgrA
If any provision
le to any exteof v
Section 13. Effective Date.
approval by the City Council a�
hereto.
Section 14.
Records of Brevard
Section 14
this Agreement is
an age
of pal -age
auth d to, nor
any ma which
reement shall beheld
�the
of competent validity or
Pall become effTctive upon
Agreement by both parties
recorded in the Public
s of the Pa s. The relationship of the parties to
%an independent contractor and not
ing herein s II be deemed to create a joint venture
ip between the parties, and neither party is
th Vrty act toward third persons or the public in
ndicate any such relationship with the other.
Section'WSaWign Immunity. Nothing contained in this Agreement
shall be constru a waiver of the City's right to sovereign immunity under
Section 768.28, Florida Statutes, whereby the City shall not be liable, under this
Agreement, for punitive damages or interest for the period before judgment nor
shall the City be liable, under this Agreement, to any one person for more than
$100,000 for any claim or judgment or more than $200,000 for any claim or
judgment arising out of the same incident or occurrence. Furthermore, should
any other limitation be imposed on the City's potential liability under state or
BINDING DEVELOPMENT AGREEMENT
Page 6 of 11
federal law, the limitation that imposes the least amount of liability on the City
shall apply as if said limitation is a material part of this Agreement.
Section 17. City's Police Power. Owner agrees and acknowledges that
the City hereby reserves all police powers granted the City by law. In no way
shall this Agreement be construed as the City bargaining away, surrendering, or
limiting its police powers. Ak
Section 18. Interpretation. Th
acknowledge that they have both pal
Agreement and no party shall be
interpretation to this Agreement in the
with each and every provision
to perform the obr ns
irreparable damage
obtained by a su' equity.
litig
pe
wand City
equally in th
favored
by agree and
between
g of this
ding the
parties.
pliance shall be required
karties agree that failure
I ment shall result in
these obligations may be
�nnection with any arbitration or
Agreement, he prevailing parry shall be entitled to
JLfees and costs through all appeals to the extent
SecNto
D*1eOffe(tive
ment Permits. Nothing herein shall limit the City's
authority ny any development permit applications or requests
subsequedate of this Agreement as long as they are
consistent with the terms and conditions contained herein. The failure of this
Agreement to address any particular City, County, State and/or Federal permit,
condition, term or restriction shall not relieve Owner or the City of the necessity
of complying with the law governing said permitting requirement, condition,
term or restriction. Without imposing any limitation on the City's police
powers, the City reserves the right to withhold, suspend, or terminate any and
BINDING DEVELOPMENT AGREEMENT
Page 7ofII
all certificates of occupancy, special exception, occupational license, or other
permit of any kind whatsoever for the operation of any structures on the
Subject Property constructed after the date hereof if Owner is in default under
this Agreement and has failed to cure such default.
IN WITNESS WHEREOF, th
Agreement on the day and year w
ky Randels, Mayor
ATTEST:
Approved as
and sufficiency:
ANTHONY A. GARGANESE, City Attorney
BINDING DEVELOPMENT AGREEMENT
Page 8 of 11
this
STATE OF FLORIDA }
COUNTY OF }
The foregoing. instrument was acknowledged before me this day
of , 2010, by as of City of
Cape Canaveral, a Florida municipal corporation, [ ] whoJ6, personally known to
me or [ ] produced as i
lic/Cate of Florida
e
miss-iVWxpires
BINDING DEVELOPMENT AGREEMENT
Page 9 of 71
Banana River LP.
By:
Print Name:
WITNESSES:
Print Name:
Print Name:
ST
COU
The for ument was acknowledged before me this day
of 10, by as of Banana
River LP, a Delaware corporation, [ ] who is personally known to me or [ I
produced as identification.
BINDING DEVELOPMENT AGREEMENT
Page 10 of 11
Notary Public - State of Florida
Print Name
My Commission Expires
BINDING DEVELOPMENT AGREEMENT
Page 11 of 11