HomeMy WebLinkAboutPacket 06-16-2009 RegularCity of Cape Canaveral
RnI I r -Al I
PRESENTATIONS:
6:05 p.m. — 6:30 p.m.
Beautification Board 2009 Summer Award (Commercial Property): Ron Jon's Cape Caribe
Resort
Recognition of Capeview Elementary Student — Michael Weigel, 4th Grade, First Place
Ribbon in South Area Elementary Art Fair.
Municipal Economic Development Powers: City Attorney
REPORTS:
6:30 p.m. — 6:50 p.m.
City Manager
Staff
Business & Cultural Development Board Report
AUDIENCE TO BE HEARD:
6:50 p. m. — 7.15 p. 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 not take
any action under the "Audience To Be Heard" section of the agenda. The Council may
schedule such items as regular agenda items and act upon them in the future.
105 Polk Avenue • Posc Office Box 326 Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 Fax: (321) 868-1248
wwwcicyofcapecartaveraJ.org • email: ccapecanaveral@cfl.rr.com
of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 16, 2009
Page 2 of 2
CONSENT AGENDA:
7:15 p.m. — 7:30 p.m.
Motion to Approve: Regular City Council Meeting Minutes of June 2, 2009.
ORDINANCE: First Public Hearin
(Continued from June 2, 2009):
7:30 p.m. — 8:30 p.m.
2. Motion to Approve: Ordinance No. 05-2009; Sign Code Ordinance.
CONSIDERATIONS:
8:30 p.m. — 9:15 p.m.
3. Motion to Approve: Inter -local Agreement with Brevard County for the Construction
of Transit Shelter/Benches at Locations Throughout the City.
4. Motion to Approve: Engineering Fees for Paving Specs/Bid Docs/Bid Review
Support Ridgewood Avenue Federal Stimulus Funds.
5. Motion to Approve: Resolution No. 2009-18, Approving the Local Agency Program
Agreement with the State of Florida Department of Transportation.
REPORTS:
9:15 p, m. — 10:00 p.m.
6. Council
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If
a person decides to appeal any decision made by the City Council with respect to any
matter considered at this meeting, that person will need a record of the proceedings, and
for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law. Persons with
disabilities needing assistance to participate in any of these proceedings should contact
the City Cleric's office (868--1221) 48 hours in advance of the meeting.
MEMO
TO: Bennett Boucher, City Manager
Susan Stills, City Clerk
FROM: Beautification Board
SUBJECT: 2009 Summer Award (Commercial Property)
DATE: June 10, 2009
At the June 9, 2009 Beautification Board Meeting, Ron Jon's Cape Caribe Resort
was selected as the 2009 Summer Award (Commercial Property) recipient.
Recommend that they be presented a Beautification Certificate and gift card at the
June 16, 2009 City Council Meeting. Award to be presented by Mayor Randels and
BJ Varuska, Board Chairperson. Ms. Launa Young, General Manager will be
present to accept the award on behalf of Ron Jon's Cape Caribe Resort
Thank -you.
BJ Varuska
Chairperson, Beautification Board
City Council Meeting Date: June 16, 2009
Subject: Presentation: Recognition of Michael Weigel, 4 Grade Student
at Cape View Elementary, on his First Place Ribbon in the South
Area Elementary Art Fair
Department:
Summary:
N/A
Requested Council Action:
N/A
Financial Impact:
N/A
Attachments: o Supporting Documents Reviewed
Submitting Department Head:
Date:
Approved by City Manager:
Date:
City Council Action: a ommended
Disapproved
( ] Approved with Modifications
[ ] Tabled to Time Certain
cape-nt\kim\mydocuments\adminlmeetf nglcouncil12008vit5-16-o9kwelgel.doc
City Council Meeting Date: June 16, 2009
Subject: Presentation: Municipal Economic Development Powers
Department: City Attorney
Summary:
In furtherance of the City Council's recent focus on the Redevelopment Plan, the city
attorney would tike to provide a brief presentation on the City's general municipal
economic development powers under the Florida Municipal Home Rule Powers Act and
the creation of a Brownfield area for economic development purposes.
Requested Council Action:
Review and comment on the presentation.
Financial Impact:
N/A
Attachments: xo Supporting Documents Reviewed
Power Point hand-outs will be distributed at the meeting.
Submitting Department Head: Date:
Approved by City Manager: Date:
4�� -1 - ��/,
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
cape-ntVcimlmydocumen tsladminkAundKmeedng\2009106-16-09utevelo pm0nt. doc
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 2, 2009
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 7 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Mayor
Council Member
Council Member
Others Present:
City Manager
City Attorney
City Clerk
Recreation Director
Public Works Director
Assistant Public Works Director
REPORTS:
6:05 p.m. — 6:30 P.M.
City Manager
Bob Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts
Betty Walsh
Bennett Boucher
Anthony Garganese
Susan Stills
Robert Lefever
Walter Bandish
Jeff Ratliff
The City Manager introduced Cocoa Beach Vice Mayor Kevin Pruitt, who provided
some insight on the annual Fourth of July fireworks show in Cocoa Beach. He
conveyed how Cocoa Beach had difficulty obtaining a barge in the past, but they now
have obtained a certified barge. Vice Mayor Pruitt informed that Ron Jon's Surf Shop
will continue to be the premier sponsor. He informed that the City of Cocoa Beach was
attempting to coordinate funding in order to make this a repeatable event.
Vice Mayor Pruitt informed that they currently had $43,000 and he asked the Council if
the City of Cape Canaveral could contribute to this year's fireworks event. Mayor Pro
Tem Hoog offered a personal commitment from Hoog Electric and said that he would
also seek contributions from other organizations too. Mr. Petsos added that all of
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 2 of 17
Council should seek contributions. Vice Mayor Pruitt informed that the Cocoa Beach
Commission would make their final decisions on the event at their Commission
Meeting on Thursday, June 40
Mr. Petsos asked if he had contacted the Cocoa Beach Area Chamber of Commerce.
Vice Mayor Pruitt affirmed that he did. Vice Mayor Pruitt informed that the City of
Cocoa Beach set aside $15,000 in their previous Budget for this event. Mr. Leo
Nicholas asked if there were any interest in contributing from the Tourist Development
Council. Vice Mayor Pruitt replied that the event, although
it would attract tourists, was mainly a focal point of interest for residents.
Mayor Randels informed how Cape Canaveral also received a request from the City of
Melbourne. Ms. Roberts mentioned that Cape Canaveral residents would enjoy the
fireworks and a contribution from Cape Canaveral would present a branding
opportunity in using the City's name in the headline. Vice Mayor Pruitt responded that
he would need to seek approval from the Commission before adding Cape Canaveral
to the event headline. Ms. Walsh mentioned how people were disappointed last year
that there were no fireworks.
Mayor Pro Tem Hoog pointed out how a central fireworks show in Brevard County
uniting the efforts of Cocoa Beach and the City of Melbourne and others who provide
fireworks events. Mr. Petsos stated that he, like Mayor Pro Tem Hoog, would be
happy to assist with fundraising. Mr. Tom Garboski, of Surf Drive, recommended that
the City provide the funds with the agreement that the event be held in Cape
Canaveral every other year. However, discussion brought out that the area that a
barge would need was not in the City.
Mr. Boucher informed that the Council was at liberty to use money from the General
Fund Reserve Fund; however, he cautioned that the Council would be required to
make some important budgetary decisions in the coming year. Ms. Walsh asked Vice
Mayor Pruitt for the specifics on how someone would make a contribution to the
fireworks event. Vice Mayor Pruitt stated that checks could be made payable to:
Cocoa Beach -Cape Canaveral Fourth of July Fireworks Show mailed to Cocoa Beach
City Hall, ATTN: Fireworks Show, 2 South Orlando Avenue, or donations could be
dropped off at the Cocoa Beach City Hall and obtain a receipt.
Mayor Randels clarified that the City would commit $10,000 with the help of donations
from the residents. Ms. Walsh clarified that Cocoa Beach would need to notify Cape
Canaveral of the difference in the donations received from what was still needed. Ms.
Roberts emphasized the branding opportunity for the Cape Canaveral name to be
included in the event as the Cocoa Beach -Cape Canaveral Fireworks Show. Mayor
Randels restated that the City would commit to the $10,000 with donations from the
residents.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 3 of 17
Ms. Roberts asked if there would be any problem with the Commission having a jointly -
named fireworks, Vice Mayor Pruitt responded that he would bring up the concept of a
jointly -named event at the Cocoa Beach City Commission Meeting on Thursday, June
4�'; however, he said that he did not foresee a problem. In conclusion, Ms. Roberts
replied that funds would not be forwarded to Cocoa Beach unless the Commission was
in favor of receiving the funds based on the jointly -name concept.
A motion was made by Ms. Roberts and seconded by Mayor Randels to Commit
$10,000 for the Cocoa Beach -Cape Canaveral Fireworks Display for the Month of
July 2009. The vote on the motion carried 5-0 with voting as follows: Mayor
Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and
Ms. Walsh, For.
• Mr. Boucher distributed the sign -in sheet from the Solid Waste Proposal Pre -
Conference Meeting. There were 14 Vendors in attendance. Mr. Boucher informed
that he would send out an Addendum to the Proposal in the upcoming week and
clarified that his Office was the clearinghouse for all Proposal information. Ms.
Roberts asked if the Vendors thought the requirements were reasonable. Mr. Boucher
replied that they went through the documents page -by -page.
• Mr. Boucher asked the Council where they desired to hold the Space Coast League
of Cities dinner next April. Mayor Pro Tem Hoog informed that Ron Jon's Cape
Cadbe Resort has a restaurant. Mr. John Grandlich, on behalf of the Ron Jon Resort,
informed that the hotel has a restaurant operated by a tenant; however he could speak
with the owners and obtain their capacity number and provide that information to the
City. The Space Coast League of Cities dinner is scheduled for April 12, 2010. Mayor
Randels asked that Mr. Grandlich notify the City Manager's Office when he gets the
capacity information.
• Mr. Boucher distributed a request by Public Works related to three locations that had
Stormwater pipe damage. Jeff Ratliff, Assistant Public Works Director, distributed
photos related to the damage. He explained how the pipe had come apart at two
locations and in two places at one location. Mr. Ratliff stated that they planned to
replace the entire pipe and the inlets on Lincoln Avenue,
MOTION FOR AN ADD-ON ITEM
A motion was made by Ms. Roberts and seconded by Mr. Petsos for an Add -On
Item for Emergency Repairs to Lincoln/ Ridgewood Avenue and Columbia Drive.
The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms.
Walsh, For.
• Mr. Petsos asked Mr. Bandish if the pricing from Atlantic Development were in line
with all pricing he found. Mr. Bandish replied that he pursued joint use with the City
of Cocoa and the Town of Indialantic who have standing contracts with Atlantic
Development for repairs. Ms. Roberts asked if there were other anticipated problem
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 4 of 17
areas related to the condition of any other stormwater system in the City. Mr.
Bandish replied that they were aggressively working to televise the lines. Ms.
Roberts said that this brings to mind the Master Stormwater System Plan which she
hoped would provide a broader picture of the condition of the City infrastructure.
Mayor Pro Tem Hoog asked how often the
comparative pricing. Mr. Bandish replied t
Indialantic, City of Cocoa, and City of Roct
three years. Mayor Pro Tem Hoog convey
in need of the work and could do it at a loin
Development was a trusted vendor. Mr. B.
were the lowest in pricing for the inlets. M,
planned to make repairs in Harbor Heights
working on the north -south line and condui
main line. Ms. Walsh asked if the City evE
Mr. Bandish replied that at times the vendc
depend on the type of work required.
>e piggyback Bids were reviewed for
iat he worked with the Town of
ledge who reviewed their Bids every
�d that there might be a company who is
er cost. Mr. Bandish assured that Atlantic
indish noted that Atlantic Development
iyor Pro Tem Hoog asked if the City
Mr. Bandish replied that Public Works is
ting an aggressive investigation of the
r negotiated cost estimates with vendors,
r miaht reduce pricing; however, it would
A motion was made by Ms. Roberts and seconded by Mr. Petsos to Perform
the Emergency Repairs for Atlantic Development in the Amount of $38,000.
The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms.
Walsh, For.
• Mr. Boucher reminded of the upcoming Workshop between the City Council and
the Sheriffs Office on Tuesday, June 9th beginning at 5:30 P.M.
• Mr. Boucher distributed his reply from the State Attorney's Office related to the
alleged Sunshine Law violation for Mayor Randels and Council Members Roberts
and Walsh. The State Attorney's Office opined that the spirit and intent of the
technical requirements of the Sunshine Law were not followed when the Mayor and
two City Council Members continued to discuss matters that had not completely
resolved within the timeframe of the properly noticed Meeting. The State Attorneys
Office would not, however, issue any sanctions against the Council Members and
advised the Council to refrain from such conduct in the future.
• Mr. Boucher recognized the City Clerk for 15 years of employment with the City.
STAFF
Recreation Director
Mr. Lefever announced the Movie in the Park for Friday, June 5th, "Hotel for
Dogs."
Mr. Boucher commended Mr. Lefever on a successful Board Member
Appreciation Dinner on Saturday, May 30`h.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 5 of 17
Public Works Director
• No report.
Assistant Public Works Director
• No report.
Planning and Development Director
• Mr. Brown reported that Space Coast Government Television is currently
broadcasting the First Visioning Workshop Meeting of May 14th. Air Times:
Monday, June 1St, Thursday, June 4 at 8 A.M. and Tuesday, June 91h at 1 P.M.
Air time information is available to the public on the City web site.
• Mr. Brown announced the next Visioning Workshop on Thursday, June 11th at
6 P.M. at the Radisson Resort at the Pavilion Room, west of the Conference
Center.
• Mr. Brown also announced that the new flyer, a television air time schedule,
and a summary of the first Workshop Meeting, with the likes, dislikes, and
comments of the video that was shown at the First Meeting would be available on
the City web site. There will also be a Visioning Workshop outline to provide
more detail about the upcoming Workshops. Mr. Brown announced that he had
flyers available for City Council and the audience.
• Mr. Petsos thanked Mr. Brown and Mr. Morley for the weekly reports that they
supply to the Council.
Building Official
• No report.
City Clerk
• No report.
City Attorney
No report.
Business & Cultural Development Board Report
• No report.
AUDIENCE TO BE HEARD:
6:30 p.m. — 6:50 p.m.
Mr. Frank Kuhn addressed the Council saying that based on the information that
he received from the Mayor that the City Manager eams over $150,000 for a City of
1.9 square miles and that supervises six employees. Mr. Kuhn also stated how, at
no time, had he ever heard of an indefinite contract such as that for the City
Manager, Mr. Kuhn also stated that he contacted NASA and he asked how a City
Clerk earns $75,000. Mr. Kuhn stated during his time at work, salaries were done
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 6 of 17
based on the number of people supervised. Mr. Kuhn stated that he could not
believe the salaries the City pays when some people in this City work two jobs to
eam $40,000. Mr. Kuhn stated that the Mayor told him that Cape Canaveral
compared its salaries with Satellite Beach. However, when he called Satellite
Beach, they responded that they were unaware of it. Mr. Kuhn stated that there
were also no other cities that pays as much for Law Enforcement either.
Mr. Leo Nicholas reminded that he had asked at the previous City Council Meeting
about security from the Sheriffs Office at Canaveral Port Authority. He had
heard that the Port was not going to renew the Sheriffs contract this year and he
asked how this would impact the City's financial obligation. The City Manager
replied that the Port has a two-year contract with the Sheriffs Office. The Port was
working to gain better control of some secure areas through private security and
they would probably use the Sheriffs Office for the open areas.
CONSENT AGENDA:
6:50 p.m. — 7:00 p.m.
Motion to Approve: City Council Workshop Meeting Minutes of May 5, 2009
and Regular Meeting Minutes of May 5, 2009 and May 19, 2009.
2. Motion to Approve: Annual Renewal of Professional Services Agreement
with Professional Diversified Services, Inc. for Mowing & Maintenance of
City Landscaped Areas.
3. Motion to Approve: Stormwater Pipe Repairs and Inlet Replacements in the
Amount of $6,350.
4. Motion to Approve: Outdoor Entertainment Permit — Movie at Manatee Park,
Recreation Department.
Ms. Walsh requested to review Item No. 1.
Ms. Roberts requested to remove Items No. 2 and 4.
A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve
Consent Agenda Item No. 3. The vote on the motion carried 5-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
Ms. Walsh stated that she reviewed and agreed with the corrections that Ms. Roberts
made to the May 19th Meeting Minutes. Ms. Walsh referred to the Regular Meeting
Minutes of May 5`h and requested a verbatim transcript of the first section related to the
Sunshine Law issue. Mayor Randels clarified that the verbatim section in request was
under the City Manager's report related to a Breach in Public Trust up to the Second
bullet which reads, "Staff attended an Economic Stimulus Meeting." Ms. Roberts
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 7 of 17
acknowledged her amendments to the May 5`" Meeting Minutes in addition to Ms.
Walsh's request.
Attorney Garganese reviewed for clarification that Ms. Walsh was seeking a verbatim of
the portion of the Meeting which related to the City Manager's allegation of a breach of
Public Trust and not the part which involved the tape that the City Manager played
during that time. Ms. Walsh clarified and affirmed that she was seeking a verbatim of
the discussion which related to the audio only.
Motion to Approve: City Council Workshop Meeting Minutes of May 5, 2009 and
Regular Meeting Minutes of May 5, 2009 and May 19, 2009.
A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to
Approve the City Council Workshop Meeting Minutes of May 5t" and the City
Council Regular Meeting Minutes of May 19t with the Proposed Changes
submitted by Ms. Roberts. The vote on the motion carried 5-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
A motion was made by Ms. Walsh and seconded by Ms. Roberts for the City Clerk
to Provide a Verbatim Transcript of the May 5t" Regular Meeting Minutes — the
First Topic Proposed by the City Manager up to the Second Bullet and to Include
Ms. Roberts Amendments for the Remainder of the May 5t" Regular Meeting
Minutes. The vote on the motion carried 5-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms.
Walsh, For.
Attorney Garganese reminded that the May 5`" Regular Meeting Minutes would
need to come back to the City Council for approval.
2. Motion to Approve: Annual Renewal of Professional Services Agreement with
Professional Diversified Services, Inc. for Mowing & Maintenance of City
Landscaped Areas,
Ms. Roberts asked Mr. Bandish for feedback from the community since this company
began working with the City. Mr. Bandish replied that the service has been satisfactory
and an enhancement over past service. Ms. Roberts asked if there were any additional
service areas or the same area. Mr. Bandish responded all the same areas.
4. Motion to Approve: Outdoor Entertainment Permit — Movie at Manatee Park,
Recreation Department.
Mr. Lefever affirmed for Ms. Roberts that he distributed notices to the Home Owners
Associations adjacent to Manatee Sanctuary Park prior to outdoor events telling them of
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 8 of 17
when he plans to hold an outdoor event, and he also invites them to come and enjoy the
event.
A motion was made by Ms. Roberts and seconded by Ms. Walsh to Approve Items
No. 2 and 4. The vote on the motion carried 5-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms.
Walsh, For.
ORDINANCE: Second Public Hearing:
7.•00 p.m. — 7: 95 p.m.
5. Motion to Adopt: Ordinance No. 06-2009; Economic Development Ad
Valorem Tax Exemption.
Attorney Garganese read Ordinance No. 06-2009 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND
BALLOT LANGUAGE FOR AN ELECTION TO BE SCHEDULED BY THE CITY
COUNCIL; PROVIDING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX
EXEMPTION PURSUANT TO SECTION 196.1995, FLORIDA STATUES; PROVIDING
FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
Mr. Nicholas asked if this Referendum negates or supersedes any previous
Referendums. Attorney Garganese explained that this would give the City Council
authorization to consider an application to abate ad valorem taxes on a case-by-case,
property -by -property basis for new business and expansions of existing businesses as
those terms are defined in the Florida Statutes for Economic Development. Attorney
Garganese clarified that the tax rate is imposed by Referendum. The maximum ad
valorem tax abatement that could be granted by the City is within ten years, anywhere
from one percent to one hundred percent of the ad valorem taxes that are imposed by
the City on that particular piece of property.
Attomey Garganese conveyed how this could be used to attract new businesses into
the City. He planned to discuss this further under his presentation and how the City
could create a "brown field," or economic incentive development area. This would
complement it in attracting new businesses.
Mr. Tom Garboski, of Surf Drive, asked if these economic development agreements
would be binding. Attorney Garganese explained how the City establishes an ad
valorem tax rate for the City; that rate generates a variable number of dollars for each
parcel of land in the City. A property owner would apply and would take a variable
number of dollars, for example, $10,000 and the City Council for a period of one to ten
years can reduce that tax from $1.00 to up to $10,000. Attorney Garganese explained
that the abatement could not reduce the tax lower than what the property owner was
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 9 of 17
paying [ in taxes] in any particular year. Attorney Garganese replied to Mr. Dunn that
this would not apply to vacation rentals. Attorney Garganese explained how in a new
commercial community it creates ten new jobs at a minimum. The type of business
would need to meet the Statutory requirements.
Ms. Roberts referred to the bottom of Page 2 and expressed her concern that the voter
needs to understand why the Referendum was being proposed. Attorney Garganese
replied that this was a question which under State Law must present the question word-
for-word. Ms. Walsh expressed her appreciation for Ms. Roberts' intent for the voter's
to understand the Referendum, and she also expressed the importance of letting the
residents know that the reason behind the Ordinance was so that the City could
compete for and create jobs here in Cape Canaveral. Attorney Garganese informed
that the Council would have the ability prior to the election to send out information
regarding this question explaining its details. However, depending on how the Governor
adopts further legislation, the Council would not be able to advocate the Referendum.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve Ordinance No. 06-2009; Economic Development Ad Valorem Tax
Exemption at First Reading. The vote on the motion carried 5-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
ORDINANCE: First Public ,HeadM:
7.•15 p.m. — 8:15p.m.
6. Motion to Approve: Ordinance No. 05-2009; Sign Code Ordinance.
Attorney Garganese read Ordinance No. 05-2009 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, ADOPTING A NEW CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES;
PROVIDING FOR THE PURPOSE AND SCOPE OF THE CHAPTER, DEFINITIONS, THE
REGULATION OF TEMPORARY SIGNS, SIGN APPLICATION, PERMIT, INSPECTION
PROCEDURES, ZONING DISTRICT RESTRICTIONS, SIZE, TYPE AND PLACEMENT
REQUIREMENTS; PROVIDING FOR ENFORCEMENT REGULATIONS; PROVIDING A
STATEMENT OF VIEW POINT NEUTRAL INTENT RELATIVE TO MESSAGES ON
SIGNS; PROVIDING FOR OTHER MISCELLANEOUS AMENDMENTS; AMENDING
APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING
CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO
THE CODE, SEVERABILITY, AND EFFECTIVE DATE.
Mayor Randels clarified that this would make the signs non -content based and considered
for size and location only. Ms. Walsh questioned if the Memo from the Planning and
Zoning Board raised many issue at their March 25`" Meeting and she asked if these were
reflected in the revised Draft. Ms. Joyce Hamilton contended that some of the
amendments were not reflected in the Draft, specifically those relating to the height of the
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 10 of 17
monument sign. Mayor Pro Tem Hoog explained that Ms. Hamilton was referring to the
20 -foot maximum height and that the monument would allow the electronic sign and under
the Code, the City limits that to 10 -feet high. Ms. Roberts replied that the intent was to
keep the signage low.
Todd Morley, Building Official, recollected that 10 -feet were suggested as a good size for a
monument sign. Ms. Hamilton stated her recollection that 10 -feet could not be seen over
some of the cars. Mayor Randels asked if Ms. Hamilton desired to see a 20 -foot
monument sign; however, the City Attorney stated that 20 -feet were not what the Local
Planning Agency recommended.
Mr. David Schirtzinger stated his recollection of a maximum height of 20 -feet for an
electronic sign; however, a monument sign was discussed at no higher than 10 -feet.
Mayor Pro Tem Hoog brought out how 20 -feet should stipulate whether it refers to the top
or the bottom of the sign which, based on the measurement, would allow more footage.
Ms. Hamilton referred to Page 1, Third Whereas and Pages 26 through 28, Viewpoint
Neutral, and summarized how this provision eliminated off -premise signs by removing
content. Ms. Hamilton emphasized that the City could not regulate for content; therefore,
the City was allowing a vendor to display advertising content on their premises for another
business off -premises.
Attomey Garganese conveyed that this Code does not regulate viewpoint and content
which means that no regulation would occur based on content. He stated that the City
could look at the content and determine whether it was off -premise and on -premise but the
City could not regulate the sign. Mr. Morley conveyed that the City could only make a
visual assumption that what was advertised relates to the property. Ms. Hamilton stated
that some direction was needed to ascertain if it were an off- premise sign. Attorney
Garganese referred to the bottom of Page 5 for a definition of an off -or -on premises sign.
Mr. Morley explained that content -neutral; and viewpoint -neutral was not regulated until
the City passed the threshold of whether it was related to the property.
Mr. Boucher stated that the signage was regulated based on off -premise, or on -premise.
Mr. Nicholas stated that more clarification was needed because another Building Official
may interpret it differently. Attorney Garganese explained for the Council, referring to the
bottom of Page 5, that there were specific definitions in the Code for on -premise and off -
premise signs, for example:
Attorney Garganese stated that the things to look for would be: 1) if the content of the sign
is identifying an activity conducted on the property, or 2) the products or services that are
sold. Discussion followed on adding additional language to Section 94115 to clarify what
is expected after Mayor Randels asked Mr. Morley if he could put the procedures that he
follows into a flow chart. Discussion concluded that the definitions were at all times
applicable.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 11 of 17
Ms. Hamilton referred back to Pages 21 to 28 that the digital signage height should read
20 -feet. Ms. Roberts stated that the intent of the digital signage and the monument
signage was to bring them low. Mayor Pro Tem Hoog referred to a 30 -foot pole sign and
asked how a business could incorporate an electronic sign into that pole sign. Mayor
Randels replied if the sign were reduced to 20 -feet. Attomey Garganese related that pole
signs are prohibited pursuant to 94-6 (aa) unless the City Manager determines because of
physical characteristics that the property can accommodate a monument sign. Ms.
Roberts stated that it was not the City's intent to have tall digital signs. Ms. Walsh pointed
out that there was not a sunset date.
Mayor Pro Tem Hoog brought out the unfaimess to the existing signs which were above
8 to 10 -feet which would not be able to utilize a digital sign. He stated that he would not be
in favor of an Ordinance that did not help businesses with their signage. Mr. Boucher
clarified that the Ordinance reads that if a business has a hardship obtaining a monument
sign for their property; they could obtain a 20 -foot pole sign with an electronic message
board. City Council contended that this was not their intent. Mr. Boucher referred to Code
Section 94-78 (b), Hardship. Mayor Pro Tem Hoog stated that the current discussion was
related to existing pole signs which did not meet Code and were non -conforming.
Mr. John Johanson clarified that what the City Attomey said was the Board's intent. Mr.
Johanson conveyed that the only addition to the language was the City Attorney
suggested a sunset of three to five years and if the Council desired they could do so.
If the businesses could not physically comply with the Ordinance, they could apply for the
Exception. Mr. Johanson explained how a business could apply for an electronic sign
within the 20 -feet of the existing pole sign. Mayor Pro Tem Hoog stated that up to this
point, he did not see it written in the Code. Mr. Boucher referred to Code Section 94-78(a)
which read, "an electronic sign may be incorporated into a 20 -foot pole sign."
Mayor Pro Tem Hoog brought out that a 30 -foot, non-confonring„ pole sign could
incorporate an electronic sign into that pole sign but no higher than the line of
demarcation. Mr. Morley referred to Code Section 9478 (a) offering this suggested
language, "However, if the property cannot accommodate a monument sign by
reason of.... an electronic sign maV be incorporated into a pole sign, but such
electronic sign shall not exceed 20 -feet to the top of the electronic sign."
[Underlining indicates the added language.] Mr. Morley stated that the top of the electronic
sign could not exceed 20 -feet. Ms. Walsh asked for the square footage of the electronic
sign. Mr. Morley stated that the square footage could not exceed the maximum allowed
area combined.
Attorney Garganese explained, for example, given existing pole sign which exceeds 20 -
feet, if they desire an electronic sign, under a Hardship: 1) the City could allow them to
incorporate the electronic sign into the existing pole sign which exceeds 20 -feet, or 2) the
City could require them to install a new pole sign not to exceed 20 -feet and then to permit
the electronic sign that way. Mr. Petsos brought out another option of lowering a 30 -foot
sign.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 12 of 17
Attorney Garganese advised that the Council could continue their discussion on the First
Public Hearing on June 16"'. No further advertisement is required.
A motion was made by Ms. Roberts and seconded by Mayor Randels to Continue
the Public Hearing Regarding the Sign Code Ordinance at the City Council Regular
Meeting on June 16th at 6:00 P.M. The vote on the motion carried 5-0 with voting
as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
RESOLUTION:
8:15 p.m. — 8:30 p.m.
7. Motion to Approve: Resolution No. 2009-17; Supporting the Brevard County
Tourist Development Council's "Space Coast Wayfinding Initiative."
Attorney Garganese Resolution No. 2009-17 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
TO SUPPORT THE BREVARD COUNTY TOURIST DEVELOPMENT COUNCIL'S
"SPACE COAST WAYFINDING INITIATIVE" AND TO PROVIDE THE RESOURCES
NECESSARY FOR INSTALLING AND MAINTAINING DISTINCTIVE THEME SIGNAGE
WITHIN THE CITY TO ASSIST MOTORISTS, BICYCLISTS AND PEDESTRIANS IN
NAVIGATING AROUND THE SPACE COAST AND LOCATING KEY TOURIST
DESTINATIONS
Mayor Randels stated that Brevard County would be the first County in the nation to
implement the Wayfinding Signs. He conveyed how funds have been set aside by the
Tourist Development Council to pay for this; however, municipalities shall have the final
approval as to whether signs shall be installed within their City limits. Mayor Pro Tem
Hoog brought up that the Council voted against this in the past. Mr. Petsos stated that he
was in favor of the Whereas Clause which provided cities with final approval.
A motion was made by Ms. Roberts and seconded by Mayor Randels to Approve
Resolution No. 2009-17; Supporting the Brevard County Tourist Development
Council's "Space Coast Wayfinding Initiative". The vote on the motion carried 5-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor
Randels, For; Ms. Roberts, For and Ms. Walsh, For.
CONSIDERATIONS:
8:30 p.m. — 9:00 p.m.
8. Motion to Approve: Application for Satisfaction or Release of Code
Enforcement Lien, John Ribar and Rick Kendust, 210 Canaveral Beach
Boulevard.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 13 of 17
Mayor Randels recounted that Mr. Ribar came before the Code Enforcement Board on
April 23rd and he was requesting the Council to mitigate the fine. Mayor Randels noted
that the trees were an invasive species; however, Mr. Ribar did not obtain a permit. Mr.
Morley conveyed that he noted the three different types of penalties: 1) depth -breadth -
height [dbh], per -inch, 2) a land clearing penalty per 100 -square foot cleared, 3) and a fine
for failure to obtain a permit. Mr. Morley disclosed that Staff cost estimates were also
included. Ms. Roberts questioned if the City were addressing land clearing penalty and
then the fine.
Mayor Pro Tem Hoog pointed out how some of the violators appeared to go outside of the
intent of the Ordinance, by offering mitigation for the trees, when making restitution for a
violation. He stated that most of the violators pleaded ignorance of the Law and he
preferred to treat everyone the same. Mayor Pro Tem Hoog conveyed that he would not
be in favor of a motion to reduce the Lien unless it was to recoup Staff costs.
Ms. Walsh questioned if this was related to the removal of an invasive tree and was told
that the tree caused damaged to their sidewalk. Ms. Walsh asked if this related to a code
other than the tree code, Chapter 102. Mr. Morley replied that Chapter 34-97 did not
speak of permitting, but Chapter 102 does. Mr. Morley ascertained that all tree removal
requires a permit. Attorney Garganese explained that Chapter 34 was a Maintenance
Standard and the Chapter 102 violations related to failure to obtain a permit. For the
record, the City Attomey asked if the applicant were in the audience.
Mr. John Ribar stated that the trees in question were Australian pines at 210 Canaveral
Beach Blvd. He is the owner of 210, 212, 214, and 216 Canaveral Beach Blvd which he
has owned for 25 years. He explained that he had to replace the sewer laterals over the
years and these trees affected the sewer lines for up to 200 -feet. Mr. Ribar stated that he
was not attempting to cause a hardship; he desired to clean up an area. Mr. Morley
replied to Mr. Petsos that if Mr. Ribar had come in for a permit, he would have been given
one. Mr. Morley replied that there was no cost for removing an invasive tree. Mr. Morley
assured that if someone from his Department could not go out to identify if the tree were
invasive tree, he would seek help from the City Arborist,
Mr. Dave Schirtzinger conveyed that the tree permit fees were excessive. Mr. Boucher
reminded the Council that based on the Code, if they denied Mr. Ribar's request, he could
not come back to the Council for one year. Ms. Walsh asked if a permit were needed for
Brazilian pepper trees and she conveyed that she received a different answer from the
Plant people [the Streets -Maintenance Department.] Ms. Walsh conveyed that this
creates confusion.
Mr. Donald Dunn, Planning and Zoning Board Member, brought out that obtaining a permit
was important whether the tree was invasive or not. Mr. Petsos clarified that he was not
advocating a stricter penalty for removing an invasive species. Attomey Garganese stated
that the issue for the Council is to consider whether or not the $750 fine should be reduced
or satisfied. The factors the Code requires the Council to consider were: 1) the gravity of
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 14 of 17
the violation, 2) the time the violator took to come into compliance, 3) the accrued amount
of the Code Enforcement fine, 4) previous or subsequent Code violations, 5) any financial
hardship, and 6) any mitigating circumstances why this violation occurred.
Mr. Nicholas asked why the Administrative costs were so high. Mayor Pro Tem Hoog
replied that all of the fees were compiled around Code Enforcement Board action since
August 14, 2008.
A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to
Extend the Meetinq Time Until 10:30 P.M. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels,
For; Ms. Roberts, For and Ms. Walsh, For.
Mr. John Porter expressed that he understood that permits were not obtained and the
parties involved were in violation of removing the said invasive species; however, he
expressed his concern that the punishment did not fit the violation. He stated that the City
Attorney had presented mitigating reasons why the Council should consider administering
Staff costs only. Mr. Porter stated that he and the other applicants did not remove Oaks,
Bay, or other beneficial trees. He asked the Council to not set a precedent for paying fines
for removing invasive species. Ms. Roberts clarified that the precedent reference was for
cases before those presented tonight and the Council was attempting to be consistent until
a thorough review of the Tree Ordinance could be administered.
Mayor Pro Tem Hoog stated that he only desired to recoup Staffs time and he expressed
his disagreement with the Ordinance. Mr. Ribar conveyed his concern with the lengthy
process and the amount of Staff time incurred and questioned why Council could not
simply make the necessary change to the Code. Ms. Walsh questioned the difference in
the use of Section 102 and Section 34-97. Mr. Morley defined the use of the two: 1)
Section 102 referred to Tree removal, and 2) Section 34 referred to Property Maintenance
Standards.
Attorney Garganese explained that Chapter 34 required to all property owners to maintain
their property under certain standards. However, a penalty must be imposed for a failure
to obtain a permit. Attomey Garganese explained further that the Council could take into
consideration. 1) these trees were causing property damage and from a maintenance
standpoint were removed; however, this did not eliminate the need of obtaining a permit,
and 2) the intent of the tree Code is to encourage the protection of the maximum number
of viable trees listed in the desirable species list, further the intent of the tree code is to
further protect trees native to Central Florida. Attorney Garganese stated that an applicant
can appeal to the Council for a release or reduction of Lien after adjudication which is the
circuit breaker in the violation system. He stated that the Council has been consistent in
seeking the costs to the City subsequent to Code Enforcement violations.
Mr. Petsos inquired about the necessity of three Code Enforcement Hearings. Mr. Morley
explained the first was Notice of Hearing and the second to receive a Satisfaction or
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 15 of 17
Reduction of Lien. Mr. Ribar conveyed that one Meeting of the Code Board was tabled
because they entered the same type of discussion as the Council related to providing a
penalty.
A motion was made by Mayor Randels and seconded by Mr. Petsos to Deny the
Application for the Reduction or Cancellation of Code Enforcement Lien, for John
Ribar and Rick A. Kendust, 210 Canaveral Beach Boulevard.
No Action Was Taken on This Motion.
Mr. Petsos withdrew his Second to the Motion saying that he made it based on
thinking that there was a permit fee for this and he believed that the penalty should
only relate to Staff time. Attomey Garganese stated, for the record, that the Second
belonged to the Council until its Disposition. He explained that the Council could withdraw
the motion by unanimous consent. Mayor Pro Tem Hoog questioned the changing of
Staff time rate. Mr. Morley replied that two different costs related to two combined persons
Staff time for one incident and only one person working on the other. Mayor Randels
asked if there were unanimous support to withdraw the Motion.
Mr. Boucher stated that Mr. Ribar conveyed that he had mitigating circumstances and
the Code Enforcement Board recommended reducing the cost to Staff time. Mayor Pro
Tem Hoog requested a change to the Section of the Code relating to the additional Staff
of an applicant seeking a Reduction before the Code Enforcement Board when this
already occurs with the Council.
Attorney Garganese stated, for the record, that Mr. Ribar has 30 days to make the
payment and if this were not done, the amount would return to the original
amount of the Lien.
A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to
Extend the Meeting Time Until Items 8, 9, and 10 were Completed. The vote on
the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Reduce the Cost of the Code Enforcement Lien, for John Ribar and Rick Kendust,
210 Canaveral Beach Boulevard to $364.28. The vote on the motion carried 5-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor
Randels, For; Ms. Roberts, For and Ms. Walsh, For.
9. Motion to Approve: Application for Satisfaction or Release of a Pending Code
Enforcement Lien, Supra Color Enterprises, Inc., Vacant Lot North of 6615 N.
Atlantic Avenue (A1A).
Mr. Morley informed that this Satisfaction and Release would be called a "Pending" issue
since his Department had no time to record it in an effort to expedite it. Mr. Petsos clarified
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 16 of 17
that these were invasive Brazilian pepper trees. Mr. Porter, speaking on behalf of Mr. Kurt
Tezel, explained how he had someone use a Johnson tractor on his property, not a root
rake, and he also contacted Mr. Kurt Tezel to have the same company remove the
Brazilian peppers on Mr. Tezel's property. Mr. Porter admitted their mistake of not
obtaining a permit which incurred a fine. However, he stated that only the Brazilian
peppers were removed, not Live Oaks, Bay, or Palm trees. Mr. Porter emphasized that
not obtaining the permit was the violation; however, they did not damage any beneficial
trees.
Mr. Porter restated that the punishment did not fit the violation. Mayor Randels stated that
the charge was for land clearing. Mr. Porter stated that they removed Brazilian peppers
and a root rake was not used. Mr. Porter replied to Ms. Roberts that Dennis Clements,
Acting Building Official at the time, Duree Alexander, Code Enforcement Officer and also
Kay McKee, Street/ Maintenance Supervisor physically visited the property.
Ms. Roberts conveyed the dramatic results of the property's appearance after the tree
removal. Mr. Porter affirmed that the appearance changed due to the pepper tree removal,
but even after obtaining a permit the results would have been the same. Mr. Porter stated
that he had no problem paying for Staff time. Mr. Johanson assured that the person using
the land clearing equipment was very knowledgeable of trees.
A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Walsh to Reduce
the Application for Code Enforcement Lien Supra Color Enterprises, Inc., Vacant
Lot North of 6615 N. Atlantic Avenue (A1 A) to Staff Costs of $730.84. The vote on
the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For.
10. Motion to Approve: Application for Satisfaction or Release of Code
Enforcement Pending Lien, Banana River, L. P. a/k/a Banana River of
Delaware, Ltd., c/o Helen M. Ward, R. A., North Atlantic Avenue Properties.
Mr. Porter stated, for the record, that the only difference in his case and Mr. Tezel's was
that he had a tree survey performed which would permit the City to identify all of the trees
on his property.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Satisfy
this Pending Lien Banana River, L. P. a/k/a Banana River of Delaware, Ltd., c/o
Helen M. Ward, R. A., North Atlantic Avenue Properties in the Amount of $730.84.
The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog,
For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For.
Due to the lateness of the hour, the following Items were not discussed.
DISCUSSION:
9:00 p.m. — 9:15 p.m.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
June 2, 2009
Page 17 of 17
11. Municipal Economic Development Powers
REPORTS:
9:15 P.M. — 10:00 P.M.
12. Council Reports
ADJOURNMENT:
There being no further business, the Meeting adjourned at 11:00 P.M.
Rocky Randels, MAYOR
Susan Stills, CMC, CITY CLERK
City Council Meeting Date: June 16, 2009
Item No.
Subject: Sign Code
Department: Building
Summary:
The 1 st reading of our new sign code was tabled to June 16th because of time restraints
at the meeting. The latest draft of the sign code is presented herein, dated 5/21109. It
represents the work of many workshop meetings. The LPA recommends approval of
this draft.
_m._...—..........._._...................................... ...........
Requested Council Action:
Approval at 1O reading.
Financial Impact:
No direct impact to the City of Cape Canaveral. Local businesses have suggested
changes to the sign code. Many suggestions have been incorporated. Local
businesses are expected to benefit. Invigorating local businesses through these
revisions is likely to indirectly benefit the City.
Attachments: ❑ Supporting Documents Reviewed
Staff memo, backup from LPA meeting, flowchart, permit application and current draft of
ordinance.
Submitting Department Head: Todd Morte - Date: June 9, 2009
Approved by City Manager: Date:
City Council Action: [ ] Approved as Ret6m—mended E ] Disapproved
( ] Approved with Modifications
( ] Tabled to Time Certain
Sign Code supplement June S, 2009
-Todd Morley, Building Official
Two issues were debated at the June 2, 2009 City Council meeting. This unofficial
document is intended to shed a little light on the issues involved.
Issue #1:
Does `viewpoint neutral" mean we cannot determine whether a message is "off -premise"
or "on -premise'?
Answer:
No. Our blinders aren't that restrictive. The code already handles this issue for us by the
very act of defininQ the terms `off -premise" and "on -premise". Furthermore, in sec. 94-
6(0 we read that off -premise signs are prohibited.
I look at this as a two-step process:
1. The code classi res the distinction between the two so that we need not worry that
we (enforcement officers) are discriminating based on viewpoint, and
2. After the classification is made, we will not look at the message.
Issue #2
Given:
• A pole sign lawfully exists prior to the adoption of this code which is 30 ft. high,
• An electronic sign is desired,
• Due to the configuration of the lot, the owner cannot place a monument sign on
the property, and
• The city administratively approves a permit for an electronic sign to be added to
this pole sign.
Assuming the maximum allowable area of the sign is not exceeded. to what height may
the electronic sign be installed?
See graphics below (they are to scale).
The existing sign:
Possible answers:
Sec. 94-78 (b) states that an electronic sign shall not be installed higher than ten (10) feet
From grade level, unless incorporated in a pole sign authorized by this chapter.
Therefore, the 10 ft. restriction does not apply to an authorized pole sign (the electronic
sign could be placed at any authorized height).
Assuming the maximum size of electronic sign is used (32 sq. ft.), let's look at a few
examples:
With a 10 ft. electronic sign, we would have this:
The proposed sign with a 10 ft. high Electronic
Sign:
The proposed sign with a 20 ft. high Electronic Sign:
11'-6"
In my opinion, this last one looks better than the first one, because it's not so "broken
up„
Another idea discussed was to require the height of the sign to be reduced to a code
compliant maximum of 20 ft. in order to be eligible for an electronic sign.
The proposed sign lowered to 20 ft. with a 10 ft. high
Electronic Sign:
32 sq.
118 sq. ft
00000000000
ft 0000000000
00000000000
00000000000
00000000000
MM
A very common design in Brevard County...
a in
201-011
Possibly, the electronic sign might be placed internally;
The proposed sign lowered to 20 ft. with an internal Electronic
Sign:
11'-6"
IF
00000000000
00000000000
00000000000
00000000000 ,
00000000000`
20'-0"
.M
In my opinion, this is a nice looking pole sign and a good compromise.
Lastly, we've heard that there is a sign at the Pawn Shop that would suffer from any kind
of sign lowering. This may be a case for using the variance procedure proposed in Sec.
94-85.
Draft: 5/21/2009
ORDINANCE NO. 05-2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW
CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES;
PROVIDING FOR THE PURPOSE AND SCOPE OF THE
CHAPTER., DEFINITIONS, THE REGULATION OF
TEMPORARY SIGNS, SIGN APPLICATION, PERMIT,
INSPECTION PROCEDURES, ZONING DISTRICT
RESTRICTIONS, SIZE, TYPE AND PLACEMENT
REQUIREMENTS; PROVIDING FOR ENFORCEMENT
REGULATIONS; PROVIDING A STATEMENT OF VIEW
POINT NEUTRAL INTENT RELATIVE TO MESSAGES
ON SIGNS; PROVIDING FOR OTHER MISCELLANEOUS
AMENDMENTS; AMENDING APPENDIX B SCHEDULE
OF FEES RELATED TO SIGN PERMIT FEES; MAKING
CONFORMING AMENDMENTS TO THE CITY CODE;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND 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, through the enactment of this Ordinance, the City Council desires to
preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral.
See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia,
Inc. v. City of San Diego, 453 U.S. 490 (1981); and
WHEREAS, the City Council finds that the regulation of signage within the City of
Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any message,
and will finiher the City's legitimate and substantial government interest in minimizing sight
pollution and traffic and safety hazards to persons and property; and
WHEREAS, the City Council finds that the goals of this Ordinance are content neutral
and unrelated to the suppression of free expression; and
WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake
91ales v. Lamar Advertising Ass'n o� Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of
Douglosville, Ga., 975 F. 2d 1505 (11 Cir. 1992); and
City of Cape Canaveral
Ordinance 05-2009
Page l of 28
WHEREAS, on April 8, 2009, the City's Local Planning Agency held a duly advertised
public hearing on this Ordinance and recommended approval to the City Council; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is
in the best interests of the public health, safety, and welfare of the residents and businesses of
Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Repeal of Current Chapter 94. The current Chapter 94 of the City of Cape
Canaveral Code of Ordinances is hereby repealed in its entirety.
Section 3. New Chapter 94. A new Chapter 94 of the City of Cape Canaveral Code of
Ordinances is hereby adopted as follows:
CHAPTER 94. SIGNS
ARTICLE 1. IN GENERAL
Sec. 94-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Accent lighting means electric discharge tubing attached as an integral decorative or
architectural feature of the building and not connected or giving the appearance of any
connection to the overall signage of the project.
Air inflated devices means attention getting devices that are inflated with lighter than air gas or
are supplied inflation from a blower or fan that, when energized, keep the device erect.
Animated or flashing sigia means any sign which uses lights that flash or alternate or which
includes action, motion or illusion of motion, designed electronically, usually to give messages
by means of slight progressive changes. This definition shall also include signs with rotating
panels, generally referred to as tri -vision signs.
Awning means any structure, fixed or capable of being raised or lowered, made of fire resistant
cloth, wood, metal or plastic with or without a metal frame, which protrudes from a building
facade as a roof -like structure and is supported entirely by the building without the use of ground
supports.
Ciry of Cape Canaveral
Ordinance 05-2009
Page 2 of 28
Bag sign means any temporary sign made of cloth or other materials designed to fit over an
existing sign or structure because the copy area is in the process of being changed or repaired
due to damage.
Balloon display is any balloon anchored on private property for the purpose of advertisement.
Banner sign means any sign having the characters, letters, illustrations or ornamentation applied
to cloth, paper or fabric including animated, rotating and or fluttering devices, flags and pennants
(which do not comply with the definition of flag or pennant under this chapter) but excluding
government flags for the purposes of this ordinance, designated to attract attention.
Bulletin Bom•d means any permanent sign, not to exceed six (6) feet, attached to a building, and
generally located at a store entrance, for purposes such as posting notices, menus, and other
information, with removable letters, words, numerals, and copy material in a non -electronic
manner.
Canopy means any structure other than an awning, made of fire resistant cloth, wood, metal or
plastic with or without metal or wood frames, attached or detached and supported, in part, or
entirely, by the ground.
Code enforcement board means a board established in section 2-256 et seq. to enforce this Code.
Co)n)nunity appearance board means a board established in section 22-36 et. seq. of this Code.
Construction board of adjustment means a board established in section 82-32 of this Code.
Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line,
enclosing the extreme limits of the sign, including all ornamental attachments, insignias,
symbols, logos, trademarks, interconnecting links and the like, and any stripe, frame or border.
Sign area does not include the main support structure of the sign unless used for sign display
purposes. The calculation for a double faced sib shall be the area of one face only. The
calculation for wall signs, if permitted hereunder, comprises individual letters, numbers, symbols
and the like, where the exterior wall of the building upon which it is affixed acts as the
background of the sign, shall be calculated within the smallest regular geometric figure needed to
encompass the sign display.
Dilapidated sign shall mean a sign including its structure that is damaged, deteriorated, defaced,
abandoned, in a state of disrepair, or illegible.
Digital Electronic Sign, See Electronic messaging sign.
Discontinued sign shall mean any sign located on property which has been vacant and
unoccupied for a period of ninety (90) days or more; or any sign face which advertises a service
no longer conducted or product no longer sold upon the premises where the sign is located.
City of Cape Canaveral
Ordinance 05-2009
Page 3 of 28
Edge of pavement shall mean the hard surfaced (e.g. asphalt, concrete, macadam, marl, pavers,
etc.) edge of an existing street in the right-of-way excluding the curbing.
Electric discharge tubing (neon or fluorescent) shall mean an illumination system using an
electrified inert gas (such as neon), placed inside clear or colored transparent tubes, which can be
bent into various letters, designs and shapes.
Elearonic messaging signs shall mean a sign on which the copy changes automatically by
electronic means.
Erect means to build, -construct, raise, assemble, create, paint, draw, attach, hang, place, suspend,
affix, or in any other way bring into being or establish; but it does not include any of the
foregoing activities when performed as an incident to the customary maintenance or repair of a
sign.
Exempt signs means signs exempted from normal permit requirements.
Flag or pennant means the flying of individual national, state, county, city or flags of political
national origin attached to a free standing pole, mounted on the ground or to flags attached to the
facade of a structure, limited to five (5) in number, provided such flags shall not be used in such
a way to attract attention of the public for commercial purposes. Flags larger than three feet by
five feet shall be considered signs and shall be calculated as part of the maximum square footage
and maximum number of signs.
Frontage means that portion of a lot or parcel abutting a street right-of-way. For comer lots or
parcels abutting two (2) or more street right-of-way, frontage shall be measured only along the
dedicated street right-of-way facing the primary entrance of the principal building located on the
lot or parcel.
Ground sign means a sign supported by poles, uprights or braces, visible or enclosed that are
placed in or upon the ground. Ground signs include pole, pylon, and monument signs.
Hanging sign shall mean a sign attached to and extending below a marquee, ceiling, or canopy.
Ha.ardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a detriment
to traffic safety by reason of its size, location, movement, content, coloring, or method of
illumination, or which obstructs the visibility of any official traffic -control device or which
diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on
streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to
obstruct the vision of pedestrians. The use of flashing, running, or revolving lights in any sign is
prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is
prohibited.
Marquee sign means a projecting sign attached to or hung from a marquee or such marquee shall
be known to mean a canopy or covered structure projecting from and supported by a building,
Ciry ofCape Canaveral
Ordinance 05-2009
Page 4 of 28
when such canopy or covered structure extends beyond the building, building line or property
line.
Monument sign shall mean a ground sign which is free standing, supported solely by its own
ground -mounted base and which is not attached or fixed in any way to a building, fence or other
structure, provided that the ground mounted base is substantially equal to or greater than fifty
percent (50%) the horizontal dimension of the sign face including any cabinet or any structure
within which the sign face is located and not greater than ten (10) feet in height. Two examples
of a monument sign are as follows:
F=Cl3P'Y AREA COPY AREA
Noncombustible material means a material, which, in the form and thickness in which it is used,
meets any of the following:
(1) Materials which pass the test procedures for defining noncombustibility of
elementary materials set forth in ASTM E136; or
(2) Materials having a structural base of non-combustible materials as stated in
subsection (1) of this definition, with a surfacing not more than one-eighth inch
thick, which has a flame -spread rating not greater than 50 when tested in
accordance with the method of test for surface burning characteristics of building
materials set forth in ASTM E84.
Nonconforming sign means any advertising structure or sign which was lawfully erected and
maintained prior to such time as it came within the purview of this chapter and any amendments
thereto, and which fails to conform to all applicable sections and restrictions of this chapter or
any other applicable provision of the city code, or a nonconforming sign for which a special
permit has been issued.
Obscene sign is a sign deemed obscene under the Florida or United States Constitutions.
Off-site or off premises sign means a sign identifying an activity which is not on the premises
where the sign is located or products or services which are not available on the premises where
the sign is located. Signs commonly referred to as billboards shall be considered off -premises
signs.
On-site or on -premises sign means a sign (1) identifying an activity conducted or products or
services available on the premises where the sign is located, or (2) displaying a noncommercial
message or (3) any combination of the first two. For purposes of this definition, common areas
City of Cape Canaveral
Ordinance 05-2009
Paze 5 of 28
within a duly organized homeowner or condominium association shall be considered on -
premises for each individual unit or lot within said association in recognition of any right the unit
or lot owner has to use said areas under Florida law and the association's covenants and rules.
Outdoor advertising display means any letter, figure, character, mark, plane, point, design,
poster, pictorial picture, stroke, stripe, line, trademark, reading matter or illuminated service
which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any
manner whatsoever so that such shall be used for attraction of the public to any place, subject,
person, firm, corporation, public performance, article, machine or merchandise whatsoever,
which is displayed in any matter whatsoever outdoors.
N'ner means the person owning the fee simple title to the property upon which a permit is
required.
Parapet sign shall mean a wall sign erected flush on a parapet extension of a building.
Per» nittee means the person in possession or having the beneficial use of property upon which a
sign is located for which a permit is required.
Pole or pylon signs are signs that are supported by one or more exposed vertical supports. Three
examples of a pole or pylon sign are:
Portable signs means signs that may be hauled or towed from one location to another, are self
supporting, are designed to be temporarily placed without a permanent base or fastening.
Projecting sign means a sign which is affixed perpendicular to any building wall and extends
beyond the building wall by more than eighteen (18) inches.
Roof sign means any sign erected upon, against or directly above a roof or on top of or above the
parapet of a building.
Sondwich board shall mean a free standing, one or two sided sign, in the shape of an inverted
"V," and set upon the ground.
Shopping center or multi -tenant center means a building with two or more businesses.
Sign means any surface, fabric, device or display, whether illuminated or non -illuminated,
designed to identify, announce, direct or inform, and that is placed out-of-doors in view of the
general public. For purposes of this Chapter, the term "sign" includes all structural members.
Ciry of Cape Canaveral
Ordinance 05-2009
Page 6 of 28
Snipe sign means a small sign of any material, including but not limited to paper, cardboard,
wood or metal, attached to any object and having no application to the premises where located.
Street right-of-way means property, which is committed for use as a public access route.
Tennpormy signs means a sign displayed before, during or after an event or occurrence scheduled
at a specific time and place or which is not designed or intended to be placed permanently
inclusive for example, for rent signs, for sale signs, construction signs, real estate signs,
management signs, social or special event signs.
Tenant space means that portion of a building separated by walls ox partitions that extend from
the floor to the ceiling or roof deck without interconnecting openings.
Vehicular sign means any sign applied to, affixed to, or placed upon a vehicle in such a manner
as to be visible to the public.
Visibility triangle means a three dimensional triangular space bounded on two sides by
intersection streets (measured from intersecting edges of pavement) and on the third side by a
straight line drawn between those lines at a point located thirty-five (35) feet from their
intersection.
gra
jybm VblbHity TrlanTh ?re ooul
D
Q
Q
O
O
C
VWkW4 Tn'-gl-
M—W'4 NM
of w'. -L
0000
Wall sign means a sign that is affixed to the wall of any building, when such sign shall project
not more than 18 inches from the building. Wall signs may not extend above the roofline or
facade. Wall signs include parapet signs.
Wall Mural means a painting or an artistic work composed of an arrangement of color and that
displays a commercial or noncommercial message, relies solely on the side of the building for
rigid structural support, and is painted on the building. The term excludes a painting or work
placed on a structure that is erected solely for the sole or primary purpose of signage.
City of Cape Canaveral
Ordinance 05-2009
Page 7 of 29
Window sign means illuminated and non -illuminated signs placed in the exterior windows of a
structure, and which can be viewed from the outside of the structure.
Sec. 94-2. Purpose and scope.
(a) The purpose of this chapter is to regulate the number, size, type, use, design, construction
and location of signs within the City. These regulations are established in order to promote the
overall economic well-being of the City, while at the same time providing for the health, safety
and welfare of the public by reducing the adverse effects of signs on safety, property values,
traffic, and the enjoyment of the scenic beauty of the City. These regulations are intended to
avoid excessive competition and clutter among sign displays in the demand for public attention,
eliminate dangerous, dilapidated and unsightly signs and provide for adequate maintenance and
inspection of signs within the corporate limits of the City, consistent with constitutional
guarantees and while providing for adequate opportunities for effective means of
communication.
(b) For purposes of this chapter, any lawful sign may display a noncommercial message in
addition to, or in lieu of, any other message. All noncommercial speech shall be deemed to be
on -premises. Nothing in this chapter shall be construed to regulate the content of the message
displayed on any sign.
Sec. 94-3. Administrator.
The "administrator" shall be the building official unless otherwise directed by the city manager
in writing. The administrator shall also include any authorized designee of the administrator
who is charged with implementing the provisions of this chapter. If the administrator is not the
building official, the building official shall be charged with interpreting applicable building
codes and advising the administrator relative to building code issues under this chapter.
See. 94-4. Exemptions.
The following signs may be erected without a permit, subject, however, to all remaining
requirements of these regulations:
(1) Decals affixed to and normally associated with signs painted on equipment, fuel pumps or
other types of equipment provided such decals are affixed with the consent of the equipment
owner;
(2) Signs wholly within a building or enclosed space, excluding window signs which are more
specifically regulated under this chapter;
(3) One sign or tablet per building, of four square feet or less when cut into any masonry
surface or when constructed of bronze or other incombustible materials and attached to the
surface of the building;
Ciry of Cape Canaveral
Ordinance 05-2009
Pale 8 of 28
(4) Bulletin boards provided said boards shall not exceed six square feet and shall be limited to
one per business entrance;
(5) Traffic control devices installed in accordance with applicable provisions of the City Code
and the Traffic Control Manual published by the Florida Department of Transportation,
(6) Window signs that do not exceed 25 percent of the total window glass area for each side of
the building or unit thereof and are placed in the upper or lower half of the window glass area.
In addition, the total square footage of the window signs located above ten (10) feet from grade,
when added to the total existing signage for the building or unit thereof, does not cause the total
signage copy area for the building or unit thereof to exceed the maximum total signage copy area
allowed for the particular building or unit thereof. Further, all sales transaction areas, as well as
any other areas that may be deemed as necessary for viewing for safety purposes by a law
enforcement agency, shall not be obstructed from view from the outside of the building by a
window sign; and
(7) Temporary signs on residential property that do not exceed six (6) square feet and on non-
residential property that do not exceed twelve (12) square feet, provided the signs meet the
requirements of this chapter.. Temporary signs on non-residential property that exceed twelve
(12) feet, but are less than thirty-two (32) square feet, may be authorized by permit under this
chapter.
(8) For 911 and emergency response purposes, signage identifying the address of the
property, which shall be located in a place that is clearly visible from the right-of-way.
(9) Signs held by humans.
(10) Temporary, permanent, and portable government monuments, markers, and signs located
on public property.
Sec. 94-5. Penalty for violation.
(a) Any person who knowingly violates or fails to comply with any of the sections of this
chapter or any erector, owner or user of an unlawful sign or any owner of the property on which
an unlawful siva is located, shall, upon conviction, be punished as provided in section 1-15.
(b) In addition to the criminal penalties provided in this section, any violation of this chapter
shall be subject to enforcement by section 2-256 et seq., according to the procedures legally
established for such board and subject to the penalties provided by F.S. ch. 162.
Sec. 94-6. Prohibited Signs and features.
The following signs and features are strictly prohibited:
City of Cape Canaveral
Ordinance 05-2009
Page 9 of 28
(a) Signs on utility poles and trees. Signs, regardless of whether exempt from permit
requirements, are prohibited on public utility poles or trees, except government banner signs may
be permitted on brackets installed on utility poles if authorized by the utility company.
(b) Obstruction of j5•ee ingress or egress; Standpipes/ire escapes. No sign shall be erected,
relocated or maintained so as to obstruct free ingress to or egress from any door or fire escape.
No sign of any kind shall be attached to a standpipe or fire escape, unless the sign is incidental to
the function of the fire escape or standpipe.
(c) Signs on right -of -Nay. Signs on right-of-way that do not constitute a bona fide traffic
control device installed for the safety of pedestrians and vehicles.
(d) Portable signs. Any sign, excluding vehicular signs, which is mobile or is not securely
and permanently attached to the ground or a building is prohibited, except a sandwich board is
permitted on commercial property provided it is only displayed outside during normal business
hours of the business that is displaying the sandwich board.
(e) Merchandise displays on rights of way. Permanent, temporary, portable or movable
signs or displays of merchandise located on any street, sidewalk, alley, or right-of-way are
prohibited
(f) Off -premise signs, except temporary off -premise signs that are expressly authorized by
this chapter.
(g) Wall Mural. A wall mural is strictly prohibited on the exterior of any building within the
city unless the wall mural is approved under the community appearance review standards set
forth in sections 22-36 et. seq.
(h) Window signs. Window signs that do not comply with sec. 94-4.
(i) Ground signs. Ground signs with exposed metal poles.
0) Air inflated devices.
(k) Marquee signs.
(1) Roof signs.
(m) Projecting signs, unless they comply with the provisions of section 94-79.
(n) Temporary signs, unless specifically authorized under this Chapter.
(o) Flags and pennants that are not governmental in origin.
(p) Signs that emit an audible sound odor, or visible matter such as smoke or steam.
City of Cape Canaveral
Ordinance 05-2009
Page 10 of 28
(q) Signs that are naade -o ith or printed on any vegetation, curbstone, flagstone, pavement, or
any portion of the sidewalk or sheet except house numbers and traffic control signs.
(r) Balloon display.
(s) Discontinued signs.
(t) Animated signs or signs of a flashing, running or revolving nature.
(u) Snipe signs.
(v) Obscene signs.
(w) Hazardous Signs.
(x) Signs located or erected on an inoperable or unlicensed motor vehicle and visible from the
right-of-way or adjacent property.
(y) Signs located or erected on a parked motor vehicle which are intended primarily for
display purposes and not regularly used for transportation purposes and which are visible from
the right-of-way or adjacent property.
(z) Dilapidated signs.
(aa) Pole signs. However, pole signs may be authorized by the City Manager if the City
Manager determines that the subject property can not accommodate a monument sign due to
physical size, building, and set back constraints of the property.
(bb) Any other sign, feature, or outdoor advertising display that does not comply with the
provisions of this chapter.
Sec. 94-7. Conformance.
All signs or other outdoor advertising displays erected within the city limits shall conform to this
chapter.
Sec. 94-8. Identification.
Every sign or outdoor advertising display erected, constructed or maintained, for which a permit
is required, shall be plainly marked with the name of the person erecting and maintaining such
sign and shall have affixed on the front thereof the permit number issued for the sign by the
administrator.
See. 94-9. Wind pressure and dead load.
Ciry of Cape Canaveral
Ordinance 05-2009
Page I I of 28
All signs and other outdoor advertising displays shall be designed and constructed to withstand a
wind velocity as set forth in the building code adopted in section 82-31 and shall be constructed
to receive dead loads as required by the building code or other codes of the city.
Sec. 94-11. Maintenance, notice to repair.
(a) All signs shall be erected, placed and maintained in a state of good and safe
repair. Damaged signs shall be removed, repaired, or replaced. If a sign is
painted, in whole or in part, the sign shall be kept well -painted. Such sign shall be
repainted whenever the paint is peeled, blistered, or faded.
(b) All signs shall be constructed and maintained in accordance with the provisions
and requirements of the City's Building Codes, Electrical Codes, and other
applicable codes.
(c) All copy area shall be maintained so as to be legible and complete.
(d) All signs shall be maintained in a vertical position unless originally permitted
otherwise, and in good and safe condition.
(e) Damaged faces or structural members shall be promptly removed, repaired or
replaced.
(f) Electrical systems, fasteners, and the sign and structure as a whole shall be
maintained at all times in a safe condition.
ARTICLE II. PERMITS AND INSPECTIONS
Sec. 94-31. Permit required.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person to erect,
construct, enlarge, move, or make structural alterations to any sign within the city or cause such
to be done without first obtaining a sign permit for each such sign from the administrator. This
shall not be construed to require any permit for a change of copy on a sign so long as the sign or
sign structure is not modified in any way. Any sign which is not specifically allowed by this
chapter is prohibited.
(b) An electrical permit shall be required for any sign containing electrical components to be
connected to an electrical energy source.
(c) No new permit is required for a sign which has a permit and which conforms with the
provisions set forth in this chapter on the date of its adoption. A new permit shall be required for
any sign when the structural configuration of electrical components is altered or when the sign is
relocated -
Sec. 94-32. Application for permit; review time limits.
City of Cape Canaveral
Ordinance 05-2009
Page 12 of 29
(a) Application for a permit required under this chapter shall be made upon forms
provided by the building department and shall contain or have attached the information required
on the form. At a minimum, the application shall contain the following information and
documents:
(1) The name, address and telephone number of the property owner and applicant if
different than owner.
(2) The name, address, telephone number and state license number of the sign
contractor/manufacturer and if applicable, the same information for the engineer and architect.
(3) The street address, legal description and tax identification number of property upon
which proposed sign is to be located.
(4) The zoning and future land use designation of the property on which the sign is to
be located.
(5) The type of sign, square footage, height and location of all signs currently located on
the premises.
(6) The type of sign, square footage, design, sign area, height, location and fully
dimensioned elevation drawings of the sign or sign proposed to be erected on the premises. If
the sign will be electrically lighted, a copy of the electrical plans and specifications for the sign
shall be provided. In addition, the name and address of the electrical contractor shall accompany
the appropriate electrical permit application.
(7) Written permission of the property owner to erect the proposed sign if the applicant is
not the property owner.
(8) A fully dimensioned site plan showing the lot frontage, building frontage or business,
establishment or occupant frontage, parking areas and location of all existing and proposed signs.
For ground signs and temporary signs which are subject to permitting, the site plan shall show
the distance from the right-of-way and property lines, and street corner visibility calculations.
(9) For temporary signs subject to permitting under this chapter, the applicant shall
provide the name, date and time associated with the event or activity and a time frame for the
temporary sign to come down.
(10) The type of construction, materials, sign supports, electrical details for the proposed
sign.
(11) Wind load calculations and footer details for the proposed sign as required by the
City's adopted building code.
City of Cape Canaveral
Ordinance 05-2009
Page 13 of 28
(b) The administrator shall grant or deny the sign permit application within forty-five
(45) calendar days from the date that a completed application and permit fee was filed with the
City, unless aesthetic review of the proposed sign is required under sections 22-36 et seq., City
Code, then sixty (60) calendar days. For purposes of calculating the time period, the day of
receipt shall not be counted. Further, if the last day falls on a Saturday, Sunday, or legal holiday,
the decision shat[ be made on the next regular business day. Notwithstanding any contrary sign
application requirements contained in this section, any person may request that a sign or signs be
approved as part of an overall proposed development pian for a particular land development
project. In such cases, the person will be required to submit the plans and specifications of the
sign(s) with the plans and specifications for the proposed land development project. The
proposed sign(s) will be reviewed and approved in conjunction with the site plan review,
aesthetic review, and building permit review. In addition, in cases in which the applicant has
requested a variance, waiver, or other zoning approval in conjunction with the sign application,
the decision time period shall be suspended while the applicant seeks such zoning approval. In
the event that no decision is made within forty-five days following the filing of a completed
application, the application shall be deemed denied and the applicant may then appeal the
decision to the construction board of adjustment.
Sec. 94-33. Issuance of permit.
(a) Upon the receipt of a completed building permit application and upon payment of the
appropriate building permit fee by the applicant, the administrator shall promptly conduct an
investigation of the application, the proposed sign and the prenuses. In addition, if required
under sections 22-36 et seq.,. City Code, the administrator shall forward the application to the
community appearance board for review and consideration.
(b) if, after review and investigation as required herein, the administrator determines that the
application meets the requirements contained in this chapter and determines the proposed sign
will not violate any building, electrical, and aesthetic or other adopted codes of the city, the
administrator shall issue the permit or issue the permit with conditions (which means legal
conditions existing in the city code). If the work authorized by the permit has not been completed
within six months after the date of issuance, the permit shall become null and void, unless the
administrator grants an extension of time, not to exceed three (3) months, for good cause shown.
(c) If, after review and investigation as required herein, the administrator determines that one or
more reasons for denial exist, the permit shall be denied and the administrator shall make a
written report of the denial and the reasons therefore. A copy of the report shall be sent by
certified mail to the designated return address of the applicant on the application. The application
for a permit shall be denied if one or more of the following conditions are found to exist:
(1) The application does not comply with the requirements of this chapter; or
(2) The application would violate any building, electrical, aesthetic or other adopted
codes of the city.
Ciry of Cape Canaveral
Ordinance 05-2009
Page 14 of 28
(d) Any person denied a building permit for signs may file as a matter of right a written
notice of appeal to the construction board of adjustment within ten calendar days after rendition
of the denial pursuant to the provisions of section 94-33; except, however, issues decided by the
community appearance board or the city council pursuant to sections 22-36 et seq, City Code, or
in conjunction with a site plan application, shall not be appealed to the construction board of
adjustment and shall be appealed under the applicable provisions set forth in sections 22-36 et
seq and the site plan review procedures. The construction board of adjustment shall hold a
hearing and decide the appeal within 30 calendar days from the date the notice is received by the
construction board of adjustment. The appellant shall be afforded minimum due process
including, but not limited to, the right to notice of the hearing, a fair opportunity to be heard in
person and through counsel, to present evidence, and to cross-examine witnesses. The decision
of the construction board of adjustment shall be final. No further exhaustion of administrative
remedies shall be necessary for judicial review of the administrative action. Any person
aggrieved by a final decision of the construction board of adjustment may immediately appeal
the decision as a matter of right by filing an appropriate pleading with a court of competent
jurisdiction. A prompt review and decision shall be rendered by the court. The record of the
hearing shall consist of the complete record of the proceedings before the construction board of
adjustment.
Sec. 94-34. Revocation of permit.
The administrator is authorized and empowered to revoke any permit issued under this chapter
for failure of the permittee to comply with any of the sections of this chapter. Such revocation
shall be in writing and shall show cause for the revocation notice. Within seven days after the
mailing of notice, the permit holder may request, in writing to the city manager, a hearing before
the construction board of adjustment to show cause why the permit should not be revoked. The
construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar
days from the date the notice is received by the city manager. The permittee shall be afforded
minimum due process including, but not limited to, the right to notice of the hearing, a fair
opportunity to be heard in person and through counsel; to present evidence, and to cross-examine
witnesses. The decision of the construction board of adjustment shall be final. No further
exhaustion of administrative remedies shall be necessary for judicial review of the revocation
decision. Any person aggrieved by a final decision of the construction board of adjustment may
immediately appeal the decision as a matter of right by filing an appropriate pleading with a
court of competent jurisdiction. A prompt review and decision shall be rendered by the court.
The record of the hearing shall consist of the complete record of the proceedings before the
construction board of adjustment.
See. 94-35. Fees.
Permit and inspection fees for the erection alteration or relocation of a sign, exclusive of any
costs for an electrical permit, shall be set forth in appendix B schedule of fees to this Code and
shall include fees for the following:
(1) In addition, fees for signs are calculated by using contract amount consistent with
the city's schedule of fees;
City of Cape Canaveral
Ordinance 05-2009
Paoe 15 of 28
(2) Re -inspection; and
(3) If any person commences any work before obtaining the necessary permit, all fees
shall be doubled.
(4) As an incentive to eliminate nonconforming signs, the City Manager shall be
authorized to waive sign permitting fees for any sign application that is filed for purposes
of eliminating or modifying a nonconforming sign and making it in full compliance with
the provisions of this chapter.
Sec. 94-36. Inspection by administrator.
The administrator is empowered to enter or inspect any building, structure or premises in the city
upon which or in connection with which a sign is located, for the purpose of inspection of the
sign, its structural details and electrical connections and to ensure compliance with this chapter.
Such inspections shall be carried out during business hours, unless an emergency exists.
See. 94-37. Notice for inspections.
The person constructing, erecting or relocating a sign for which a permit is required shall notify
the building department at all stages of construction that requires inspection and approval by the
administrator. Authority for and time of such inspections shall be as follows:
(1) A footing inspection for all detached signs shall be required;
(2) A final structural inspection shall be required at completion of the work on
all types of signs; and
(3) A final electrical inspection shall be required on all signs containing
electrical components and wiring to be connected to an electrical energy source.
Secs. 94-38--94-60. Reserved.
ARTICLE M. SIZE, LOCATION AND CONSTRUCTION
DMSION L GENERALLY
Sec. 94-61. Restrictions on placement.
(a) No sign or banner shall be suspended across any public street, avenue or alley, unless
approved by the city in situations when the street, avenue, or alley will be closed to vehicular
traffic at the location of the sign or banner or the city has determined that the sign or banner will
not constitute a hazardous sign or banner under the definition set forth in section 94-1 and the
provisions set forth in section 94-62.
City of Cape Canaveral
Ordinance 05-2009
Page 16 of 28
(b) No sign shall be painted, pasted, printed or nailed on any curb or sidewalk or upon any
trees, light standards, utility poles, hydrants, benches, bridges or any structures, other than
awnings, within the property lines of any street, avenue or alley within the limits of the city.
(c) No sign shall be attached to any private wall, window, door, gate, fence or to any other
private structure, without the written permission of the owner or lessee and without compliance
with the provisions of this chapter.
Sec. 94-62. Abandoned and hazardous signs
(a) Abandoned signs. It shall be unlawful for any permittee or owner of a sign to fail or refuse
to remove any sign, after ten days of the service of notice from the administrator, which
advertises a business or product which has not been conducted or sold at the premises where the
sib is located for more than six consecutive months prior to the date of the notice from the
administrator. If the order to remove is not complied with, the administrator may remove the
sign, and an assessment lien, on parity with real estate taxes, may be filed against the property
for the expense incurred in removal of the sign.
(b) Hazardous signs. The administrator shall refuse to issue a perrnit for any sign, which will
constitute a hazard and a potential menace to the safety of the public, and the administrator may
require the removal of any sign which is not properly maintained or which is or will become
unsafe and constitute a hazard to the safety of the public. It shall be unlawful for any permittee or
owner to continue to display any sign that constitutes a hazard to the safety of the public. It shall
be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard
after 48 hours from the time of notice by the administrator requesting the removal of such sign,
unless within that time, the permittee or owner shall have filed with the administrator notice of
his or her intention to appeal his decision to the code enforcement board, or the administrator has
determined that exigent circumstances exist that require the immediate removal of the sign in
order to abate the public hazard. Any such sib displayed more than 48 hours after notice to
remove the sign may be removed by the city at the expense of the permittee or owner, unless the
matter is pending an appeal to the code enforcement board or unless the decision of the
administrator has been reversed by the code enforcement board.
(c) Signs constituting traffic hazard. No sign or other advertising structure as regulated by this
chapter shall be erected at the intersection of any street in such a manner as to obstruct free and
clear vision; at any location where, because of the position, shape or color, it may interfere with,
obstruct the view of or be confused with any authorized tragic sign, signal or device; or which
makes use of any word commonly used on traffic control signs or signals. Visibility at
intersections shall be in accordance with the figure 94-1.
Sec. 94-63. Lighting.
(a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground
signs, and wall signs. However, the reflectors shall be provided with proper lenses concentrating
the illumination upon the area of the sib so as to prevent the glare upon the street or adjacent
tp
property.
City of Cape Canaveral
Ordinance 05-2009
Page 17 of 28
(b) Electrical signs shall comply with applicable Electric Codes.
Sec. 94-64. Criteria and standards for measurement and placement.
(a) Area. The permitted area of ground signs, except in shopping centers or multi -tenant
centers, in all zoning districts, and unless otherwise specified in this chapter, is dependent on
street frontage of the property on the basis of one square foot of sign area for each lineal foot of
property frontage up to the maximum specified in each zoning district. Wall signs shall be
computed on the basis of one square foot of sign area for each lineal foot of building or tenant
space frontage up to the maximum allowed in each zoning section. For the purpose of
determining area, the total area of a sign is that within the smallest parallelogram, triangle, circle
or semicircle or combinations thereof which will completely enclose the outside perimeter of the
overall sign, including the border, if any, but excluding supports. Three dimensional signs shall
be measured at the largest vertical cross section.
(b) Combinations of signs. Except where specifically permitted, the types and areas of signs
may not be combined to allow a larger size than that listed for a single sign. Ground signs may
be placed at an angle on a corner at no increase in size over that of a single sign. The sum or the
area of the faces visible from any one point shall not exceed that allowed for a single sign.
(c) Corner lots. Where two ground signs are used on a comer lot, the area of both signs may
not exceed the area allowed for frontage as provided in subsection (a) of this section.
(d) Display of permit number. The sign permit number for all signs requiring a permit shall be
prominently displayed by the owner or user of the sign on the property where the sign is located.
(e) Height, setback and location measurements. Measurements for setback and location for all
signs in all allowable districts shall be made from that portion of the sign nearest that point of
ground reference to which the measurement is to be made, but in no event shall a sign of any
kind project over public property or public rights-of-way, whether affixed to a building or
otherwise. The height of signs shall be measured from grade level at the edge of the street paving
and shall include all decorative portions of the sign. All setback measurements shall be made
from the property lines as a point of reference to the projecting edge or corner of the sign, unless
otherwise specified.
(f) Ground signs. Ground signs shall be set back a minimum of six feet from the property line.
No ground sign shall be placed within the visibility triangle (refer to figure in section 94-1).
(g) Size limit. No ground sign shall be supported so that the uppermost edge is more than
twenty (20) feet above the grade level from edge of street pavement. This subsection shall not
apply to any sign on the face of the building. Any sign that is not attached to a building shall not
exceed one hundred fifty (150) square feet on its largest front.
See. 94-65 Aesthetic Requirements of Signs.
Ciry of Cape Canaveral
Ordinance 05-2009
Pale 18 of 28
The city council may adopt, by resolution or ordinance, general aesthetic requirements which
pertain specifically to signs and wall murals permitted by this chapter. Said requirements may
include form based regulations (e.g. signage size, materials, illumination, placement,
landscaping, scale, etc.) through the use of words, pictures and diagrams that identify acceptable
and unacceptable signage consistent with the requirements of this chapter. Upon adoption, said
requirements shall be deemed fully incorporated into this chapter and shall have the force of law.
Sees. 94-66--94-75. Reserved.
DIVISION 2. TYPES OF SIGNS
See. 94-76. Temporary on -premises signs.
(a) Temporary on -premises signs shall be permitted under the following conditions:
(1) Provided the temporary sign satisfies all the requirements of this section, no
permit shall be required under section 94-31.
(2) Temporary signs shall be free standing signs.
(3) Temporary signs shall be removed within three (3) days after the date upon which
the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has concluded).
(4) On residential property, no one temporary sign shall exceed six (6) square feet and the
total number of temporary signs installed on any one residential property shall not exceed
three (3). However, during gubernatorial, presidential, and City election years, the three
(3) sign limitation shall not apply on election day and during the thirty (30) days prior to
the election day.
(5) On non-residential property, no one temporary sign shall exceed thirty-two (32)
square feet and the total area of temporary signage installed on any non-residential
property shall not exceed ninety-six (96) square feet, except more than ninety-six (96)
square feet of signage may be installed as provided in subparagraph (a) of this section.
However, during gubernatorial, presidential, and City election years, the ninety-six (96)
square foot limitation shall not apply on election day and during the thirty (30) days prior
to the election day.
(6) Temporary signs may be double faced (back-to-back) and only one side of a
double faced sign shall be counted for sign area calculations.
(7) The maximum height of any temporary sign shall be four (4) feet on residential
property, or eight (8) feet on any non-residential property.
(8) Minimum setbacks for any part of the temporary sign structure shall be a
minimum of five (5) feet from any right-of-way.
Ciry of Cape Canaveral
Ordinance 05-2009
Page 19 of 28
(9) No temporary sign shall be placed within the right-of-way. No temporary sign
shall be placed within the visibility triangle.
(10) The temporary sign shall be constructed of sturdy material such as wood, hard
plastic, vinyl, masonite or particle board of sufficient thickness so as to withstand the
weather elements commonly experienced within the City. Cardboard and paper faced
temporary signs are strictly prohibited unless they are safely fastened, in its entirety, to a
backing made of material set forth in this section.
(11) If the temporary sign is promoting products or services available on the premises,
the sign may only be displayed during the normal business hours of the business located
on the premises.
(b) In addition to the general requirements in subsection (a), the following requirements
shall apply to the specific types of signs listed below:
(1) Areas under development, such as shopping centers, apartments, condominiums
and subdivisions, shall be permitted one (1) sign not to exceed a sign area of sixteen (16)
square feet on residential property and thirty-two (32) square feet on nonresidential
property after a building permit is issued or site plan has been approved. In addition,
each subcontractor shall be allowed one (1) sign not to exceed a sign area of nine (9)
square feet and four (4) feet in height. Signs allowed hereunder shall be permitted for
one (1) year or until the building permits for the area under development have expired or
been revoked or the applicable site plan approval has expired. If the project is not
completed within one (1) year, the city manager may grant an appropriate extension(s)
not to exceed the removal date set forth under this subsection (1). All signs must be
removed from the property within seven (7) days of the date on which the project is
completed, suspended, or abandoned for at least three months. The primary contractors
licensing information shall be legibly displayed on at least one of the signs located on the
area under development.
(2) A maximum of one (1) on -premises banner sign may be erected on nonresidential
property not to exceed ninety-six (96) square feet, and on residential property not to
exceed twelve (12) square feet. A banner sign may be erected for a maximum of thirty
(30) days on nonresidential property and a maximum of fourteen (14) days on residential
property during any calendar year. A banner sign is exempt from the freestanding
requirement set forth in subsection (a) (2) above and the size restriction set forth in
subsection (a) (4) and (5) above, provided it is securely fastened in a manner to withstand
weather elements commonly experienced in the City.
(c) Bag signs shall be temporarily permitted for one hundred eighty (180) calendar day
period of time in cases when the copy area of an existing sign has been damaged and is awaiting
repair and when the copy area is being replaced to accommodate a new or renamed business.
The administrator may grant an extension of time for good cause shown provided any extension
shall not exceed one hundred eight (180) calendar days.
City of Cape Canaveral
Ordinance 05-2009
Page 20 of 28
Sec. 94-77. Emergency Response System.
For 911 and emergency response purposes, the primary address of the building shall be
displayed on the property and shall be visible from the public or private street. For commercial
and industrial buildings, the address or range of addresses shall be incorporated into the signage
permitted for the property with numerals/letters a minimum of eight (8) inches in height, but the
address shall not be counted against allowable copy area. In addition to the address being posted
on a single family residential mailbox or single family dwelling, a sign not to exceed three (3)
square feet may be posted on the dwelling at the main entrance or in the yard, provided the sign
is visible from the public or private street. The address shall not be counted against allowable
copy area. The display shall be posted in a manner that is consistent with the fire and life safety
industry standards for posting such emergency response displays.
Sec. 94-78. Electronic Signs.
Electronic signs may be approved under this chapter provided the proposed electronic sign
satisfies the following requirements:
(a) A maximum of one electronic sign may be incorporated into a monument sign and shall
not be part of any other kind of sign including, but not limited to, a pole or pylon sign. However,
if the property can not accommodate a monument sign due to physical size, building, and set
back constraints of the property, an electronic sign may be incorporated into a pole sign.
Further, an electronic sign shall not be a stand alone sign.
(b) The electronic sign shall not be installed higher than ten (10) feet from grade level, unless
incorporated in a pole sign authorized by this chapter.
(c) The size of the electronic sign shall be limited to a maximum size equal to thirty-two
square (32) feet per property. The size of the electronic size shall be included in the calculation
for the total signage allowed for the property and the overall size limitation for a particular sign.
(d) The electronic sign shall be limited to alphanumeric characters only and graphic displays
of non alphanumeric characters (such as simulations of fireworks, bouncing hearts, lighthouses,
human bodies; and cartoon characters) shall be prohibited.
(e) The display time for each message contauung alphanumeric characters shall be a
minimum time period of seven (7) consecutive seconds per display.
Sec. 94-79. Projecting Signs.
A projecting sign shall be permitted provided the following minimum standards are satisfied:
(a) It shall not be larger than six (6) feet in its greatest dimension_
City of Cape Canaveral
Ordinance 05-2009
Page 21 of 28
(b) It shall not encroach into a required setback by more than three (3) feet.
(c) The lowest portion of the sign shall be at least seven and one-half (7 1/2) feet above
grade.
(d) It shall not project into a vehicular pathway.
(e) It shall not extend above the eave or parapet line of the building wall on which it is
affixed.
See. 94-80. Off -Premise Signs.
No off -premise sign shall be erected in the city, except temporary off-prenuse signs may be
permitted in accordance with section 94-81. Any off -premise sign erected in violation of this
section shall be removed within forty-eight (48) hours of notice to the sign owner and property
owner. However, temporary off -premise signs erected in violation of this section shall be
removed immediately. If the sign owner or property owner fails to remove the sign, the city
shall do so at the sign owner's or property owner's expense. The city shall also have the right to
impose an assessment lien, on panty with real estate taxes, on the property for any removal
expenses incurred by the city to remove the unlawful off -premise sign.
Sec. 94-81. Temporary Off -Premise Signs.
(a) Temporary off -premise signs may be erected upon issuance of a permit by the administrator,
provided the temporary off -premise sign(s) meets the following conditions:
(1) The activity or place so displayed or promoted on the sign will occur or be located within the
jurisdictional boundaries of the City.
(2) The property owner on which the sign will be erected has consented to the placement of the
sign.
(3) The size, height, and placement of the sign shall comply with the requirements set forth in
section 94-76 for temporary on -premise signs.
(4) No sign shall be erected on or within any right-of-way or within the visibility triangle.
(b) Any permit issued under this section shall have a maximum duration of fifteen (15) calendar
days. Further, a maximum of one permit shall be issued per activity or event being displayed on
the sign. In addition, there shall be a four (4) permit limitation per calendar year for any
particular location within the jurisdictional boundaries of the City.
Sec. 94-82. Awnings and canopies
City of Cape Canaveral
Ordinance 05-2009
Page 22 of 28
(a) Signs on awnings shall be allowed only on that vertical portion commonly referred to as the
valance or fringe and shall be calculated as a portion of any allowable wall sign.
(b) Signs on canopies shall be allowed only when calculated as a portion of any allowable wall
sign.
(c) Address numbers on canopies and awnings shall not be considered as a portion of the
allowable sign footage.
Sec. 94-83. Home occupation signs.
A home occupation sign that is nonilluminated and does not exceed two square feet in area
concerned shall be permitted per district requirements if it is affixed flat against the exterior
surface at a position not more than two feet distant from the main entrance of the dwelling unit.
There shall be no more than one of these signs per unit.
Secs. 94-84 Ground Signs.
Ground signs shall be required to meet the criteria and standards set forth in section 94-64 and
other applicable provisions of the City Code.
Sec. 94-85 Variances.
(a) The administrator may grant, upon request by the property owner, a variance to any set back
requirements set forth in this chapter, provided the administrative variance does not cause a
safety hazard to persons or property, cause a violation of other applicable provisions of the City
Code, and exceed ten percent (10%) of the applicable set back.
(b) A variance may be granted for any height, location, or size requirement under this chapter
pursuant to the variance procedures set forth in chapter 110, article Il, of the City Code.
Sec. 94-85 - 94-95. Reserved.
DIVISION 3. DISTRICT REGULATIONS
Sec. 94-96. R-1 low density residential district.
(a) Signs are permitted in the R-1 low density residential district as listed i.n table 94-96-1.
(b) Any sign not specifically permitted in the R-1 district is prohibited.
Sec. 94-97. R-2 medium density residential district.
(a) Signs are permitted in the R-2 low density residential district as listed in table 94-96-1.
City of Cape Canaveral
Ordinance 05-2009
Page 23 of 28
(b) Any sign not specifically permitted in the R-2 district is prohibited.
Sec. 94-98. R-3 medium density residential district.
(a) Signs are permitted in the R-3 low density residential district as listed in table 94-96-1.
(b) Any sign not specifically permitted in the R-3 district is prohibited.
Sec. 94-99. C-1 low density commercial district, C-2 commercial/manufacturing district
and M-1 light industrial and research and development district.
(a) Signs are permitted in the C-1 low density commercial district, C-2
commerciaUmanufacturing district and the M-1 light industrial and research and development
district as listed in table 94-96-1.
(b) Any sign not specifically permitted in the C-1, C-2 and M-1 districts is prohibited.
Sec. 94-100. Shopping center or multi -tenant center in any district.
(a) Signs are permitted for shopping centers or multi -tenant centers in any district as listed in
table 94-96-1.
Table 94-96-1 District Restrictions
TABLE INSET:
City of Cape Canaveral
Ordinance 05-2009
Page 24 of 29
Type of Sign
R-1
R-2 R-3
C-1, C-2 & M-1
Temporary-
On -premises
Si2
Per Section
94-76
Per Scction Per
94-76 Section
94-76
Per Section 94 -
76
Temporary
Off Prcmiscs
Sign
Per
Section 94-
8t
Per Per
Section 94- Section
M 94-81
Per
Section 94-81
Max. area
6 s.f
6 s f. ( sl
32 s.f.
Max, height
4'
4' 4'
8'
Areas under
development
a General
Max. no.
1
t t
l
Max_ area
16 s.f.
16 s.f 16 s.f.
32 st
Max. heiJit
4'
4' 4'
8'
b.Per
subcontractor
Max. area
9 s.f
9 s.L 9S.1
9 51
Max. height
4'4'
4'
4'
Home
occupation
Max. no.
]
1 1
1
Max area
2 s.f.
2 sl
City of Cape Canaveral
Ordinance 05-2009
Page 24 of 29
Ground
Max_ no.
Prohibited
Iper street
I per street
I per street
frontage/per
frontage/p
frontage
acem
er access
entrance
entrance
Max. 2 signs
max.
2 Sim
Max area
32s.11
32 s.f.
One s.f per
lineal ft_ of
properly
frontage up to a
max. of ISO s.E
Max height
8'
8'
20'
Mak width
25'
25'
25'
Wall
Max_ no.
Prohibited
1
1
2 per structure,
provided each
structure is a
separate
bwintss.
Max. area
One s.f. per
One s.f
Parallel to
lineal foot of
per lineal
street 15% of
building wall
foot of
Mall height (x)
that the sign
building
wall width of
is on
wall that
wall that sien Is
the sign is
v
located on;
on
max_ 160 s.f
Perpendicular
to street, 15%
of wall height
(x) wall width
of wall that sign
is located on;
may- 128 s. f.
Banner Simis
Max. no.
l
I
l
I
Max- area
12sq. R
12sq. ft.
12s .1t
96sq, ft
Electronic
Max_ no.
n/a
tt/a
n/a
I per section
Si gas
94-78
Max. area_
n/a
n/a
n/a
32 sq, R
Wall mural
Prohibited
Prohibited
Prohibited
Prohibited
unless
unless
unless approved
approved per
approved
per 94-6(h)
94-6(h)
per 94-
6(h)
Sees. 94-101--94-104. Reserved.
Sec. 94-105. Enforcement.
(a) Removal of signs. Private signs on public property or public rights-of-way may be
removed by the City or its agents without notice to the sign owner.
(b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the code
enforcement officer or the administrator, the owner thereof, or person maintaining the sign, shall,
upon receipt of written notification from the Administrator or code enforcement officer,
immediately secure the sign, cause it to be placed in good repair or remove the sign, or shall
immediately remove the sign if the Administrator has determined that exigent circumstances
exist that require the abatement of a public hazard.
Ciry of Cape Canaveral
Ordinance 05-2009
Page 25 of 28
(c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of
any property where an illegally erected sign is located shall have the sign immediately removed.
(d) Termination of unlawful illumination. Upon receipt of written notification by the code
enforcement officer or adnunistrator that a sign is illuminated in violation of this chapter or other
provisions of the City Code regulating spillover lighting, the owner, owner's agent, or person in
control of the premises, shall immediately terminate the prohibited illumination of such sign.
Sees. 94-106--94-109 Reserved.
See. 94-110. Implied Consent.
Any person applying for, and the property owner upon which the sign will be erected, and
receiving a permit for any sign hereby consents to the following;
(1) consents to complying with all provisions of this code, and
(2) consents for City officials to come on private property to inspect all signage and
to remove illegally erected signs upon reasonable advanced notice by the city.
Sees. 94-111-94-114 Reserved.
94-115. Viewpoint Neutral.
Notwithstanding anything in this chapter or code to the contrary, no sign or sign structure shall
be subject to any limitation based upon the content (viewpoint) of the message contained on such
sign or displayed on such sign structure.
Secs. 94-116--94-119 Reserved.
Sec. 94-120. Severability.
(a) Generol. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause,
term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any
other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word
of this chapter.
(b) Severability where less speech results. Without diminishing or limiting in any way the
declaration of severability set forth above in subsection (a), or elsewhere in this chapter, this
Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, the declaration of such
unconstitutionality shall not affect any other part, section; subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of this article, even if such severability would result in a
City of Cape Canaveral
Ordinance 05-2009
Page 26 of 28
situation where there would be less speech, whether by subjecting previously exempt signs to
permitting or otherwise.
(c) Severability of provisions pertaining to p-ohibiled signs Without diminishing or limiting in
any way the declaration of severability set forth above in subsection (a), or elsewhere in this
chapter, this Code, or any adopting ordinance, if any part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or word of this chapter or any other law is declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the
declaration of such unconstitutionality shall not affect any other part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter that pertains to
prohibited signs, including specifically those signs and sign -types prohibited and not allowed
under section 94-6 of this chapter. Furthermore, if any part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or word of section 94-6 is declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, the declaration of such
unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of section 94-6.
(d) Severability ofprohibilion on Off -Premise Signs.
If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word
of this chapter and/or any other Code provisions and/or laws are declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the
declaration of such unconstitutionality shall not affect the prohibition on off -premise signs as
contained in this chapter and Code.
Section 4. Amendment to Appendix B Schedule of Sign Fees. Appendix B of the Code of
Ordinances, City of Cape Canaveral, Florida, related to Chapter 94, is hereby amended as
followsunderlined type indicates additions and s ee,ri type indicates deletions):
APPENDIX B SCHEDULE OF FEES
Chapter 94. Signs
(a)
Permit fee shall be calculated on acetal
30-"5k_ Q
conbact cosi, using subsection (a) of
Chapters 82 of Appends 8 with a
minimum fee ot._._....
(b)
Reinspectorn fee......._.
2598 45_00
94-35
(d 0
For oommenciing work without a permit,
all fees shall be double
(e)Raft
,..... ...
448A
94-M
*Ji
rempomly off-oretnase signs and
2&- _50.00
banners arm} lemporaav nonresidential
94-8 1 and 9 /71
signs orealer than 12 sa. ft -
Section
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
City of Cape Canaveral
Ordinance 05-2009
Page 27 of 28
Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
Section 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. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2009.
ATTEST:
SUSAN STILLS, City Clerk
First Legal Ad Published:
First Reading:
Second Legal Ad Published:
Second Reading:
ROCKY RANDELS, Mayor
For Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Bob Hoog
Rocky R.andels
C. Shannon Roberts
Buzz Petsos
Betty Walsh
City of Cape Canaveral
Ordinance 05-2009
Page 28 of 28
Subject:
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: June 16, 2009
Item No. 3
Approval of Interlocal Agreement with Brevard County for the Construction
of Transit Shelter/Benches at Locations Throughout the City.
Department: Public Works.
Summary: To receive funds from the Space Coast Area Transit (SCAT) Authority for
the construction of transit shelters/benches, the City of Cape Canaveral
(City) must enter into an Interlocal Agreement with Brevard County.
Requested Council Action: Approval of Interlocal Agreement between the City and
Brevard County.
Financial Impact: No costs are anticipated to the City - funds to be provided by SCAT
for six shelters and eleven benches/trash cans.
Attachments: o Supporting Documents Reviewed
Proposed interlocal Agreement
Submitting Department Head:
Approved by City Manager:
City Council Action: [ j A proved -as Recommended
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Date:
Date: &-, /0.9
[ ] Disapproved
This Instrument Return to:
Susan Stills, City Clerk
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
BUS/TRANSIT SHELTER AND BENCH
INTERLOCAL AGREEMENT
This Agreement is entered into this day of ,
2009, by and between the BREVARD COUNTY, FLORIDA, a political subdivision of
the State of Florida, hereinafter referred to as the "County", and the CITY OF CAPE
CANAVERAL, FLORIDA, a Florida Municipal Corporation, hereinafter referred to as
the "City".
WITNESSETH:
WHEREAS, the County has the authority to provide written authorization to a
qualified entity for installing and operating TRANSIT SHELTERS or BENCHES for the
comfort and convenience to the general public, or at designated stops on official bus
routes pursuant to Section 337.408, Florida Statute (2007); and
WHEREAS, the County desires to enter into an Agreement with the City to
install and maintain TRANSIT SHELTERS or BENCHES; and
WHEREAS, the City has secured property and locations for TRANSIT
SHELTERS or BENCHES for use within the City of Cape Canaveral in compliance with
rules set forth in Florida Administrative Code (2007); and
WHEREAS, this Agreement was approved with authority of the Chairman to
execute the same by the Board of County Commissioners of Brevard County, Florida at a
meeting, on this day of , 2009; and
WHEREAS, this Agreement was approved by the Cape Canaveral City Council
at a duly called meeting on the day of , 2009.
NOW, THEREFORE, in consideration of the covenants herein contained, it is
mutually agreed between the parties as follows:
SECTION 1. PURCHASING AND LOCATION: By not later than ,
2009, the County hereby agrees to provide TRANSIT SHELTERS or BENCHES for
locations at specifically agreed upon and designated stops on official bus routes within
the City as identified in Attachment "A". Purchasing of these TRANSIT SHELTERS
and BENCHES by the County (Space Coast Area Transit) will be in accordance with
Federal Grant and County purchasing guidelines.
SECTION 2. SHELTER/BENCH DESIGN, MAINTENANCE: TRANSIT
SHELTER and BENCH size, shape, and configuration and specific location of each and
every shelter and bench shall be subject to approval by the County. Approved design will
be based upon mutually agreed upon requirements and specifications identified by the
County and City. Design, plans and specifications for, and erection of shelters shall be in
accordance with provisions outlined under Chapter 14-20, Florida Administrative Code
(FAQ and Sections 337.408 and 337.409, of the Florida Statutes. Except as provided in
Section 7 hereof, the City agrees to provide general cleaning, maintenance and trash
removal for the TRANSIT SHELTERS and BUS BENCHES, including labor costs
associated with repair of items located on the TRANSIT SHELTER and BENCH. The
County agrees to provide repair parts and materials to the City for necessary repairs to
TRANSIT SHELTERS and BENCHES.
SECTION 3. SHELTER/BENCHES INSTALLATION: The City shall be
responsible for the installation of the TRANSIT SHELTERS and BENCHES and comply
with all applicable state, federal, and local laws, ordinances, rules and regulations in the
construction, erection, installation and maintenance of the TRANSIT SHELTERS and
BENCHES, including without limitation, permitting. Installation is inclusive of all site
planning, the pouring of concrete or pavement slabs for the purpose of providing a
foundation for the TRANSIT SHELTERS and BENCHES and construction of the
TRANSIT SHELTER and BENCHES, in accordance with the shelter vendor's
installation specifications.
The City will invoice the County (Space Coast Area Transit) for appropriate costs
associated with these actions in accordance with price estimates established for each
TRANSIT SHELTER and BENCH location, as identified in Attachment "B".
Notwithstanding the Attachment "B" price estimates, said estimates are approximations
of cost only and shall not provide binding amounts; provided, that in no event shall the
total cost for installation sought to be reimbursed exceed by 30% the total estimated cost
for installation.
SECTION 4. TERM AND USE: Each and every TRANSIT SHELTER and
BENCH installed and operated under this Agreement within the City shall be available to
use by the general public on a gratis basis; provided, that the City may install devices that
restrict sleeping in or on shelters, preclude the use of shelters by the general public during
certain hours of the day, number of times per day, or when the shelters are in need of or
under repair. The term of this Agreement is for an initial period of five (5) years,
terminating on April 30, 2014, unless otherwise extended. Either party may terminate
this Agreement for any reason. In the event either party elects to terminate this
Agreement, the terminating party shall give written notice of termination at least sixty
(60) days prior to desired termination. It is mutually agreed upon by the City and County
that the display cases located on the TRANSIT SHELTERS will not be utilized for paid
or sponsored advertisement, but for public service message material, as mutually
authorized by both parties. There shall be no advertising on BENCHES. Messages on
TRANSIT SHELTERS shall not exceed 18" in size. 2 in number, and shall not be placed
or created in such a wav as to distract motor vehicular. Authority to approve public
service messages is hereby delegated to the County Manager and City Manager.
In the event of Agreement termination, the County (Space Coast Area Transit)
will be responsible for the costs associated with the removal of the TRANSIT SHELTER
structure and BENCHES. If deemed necessary, by the City that the concrete pad or
2
electrical connections or pavement be removed, costs associated with removal of the
TRANSIT SHELTER concrete pad or pavement and electrical connection will be equally
shared between the City and County. In the event the designated bus stop where the
TRANSIT SHELTER or BENCH is located is eliminated as part of the official bus route,
or if the Department of Transportation mandates removal, the TRANSIT SHELTER or
BENCH, including the concrete pad, electrical connections and pavement, shall be
removed by the County (Space Coast Area Transit), and any costs directly related to said
removal shall be the responsibility of the County.
SECTION 5. SIGNAGE: Signs, messages, and advertising in any form shall be
prohibited on all TRANSIT SHELTERS and BENCHES, unless otherwise authorized by
this Agreement or the City Code. However, even if otherwise authorized, said signs,
messages, and advertising shall be approved by both the County Manager and the City
Manager.
SECTION 6. UTILITIES: The City agrees to pay all reasonable charges for the
electrical utility lighting costs for the TRANSIT SHELTERS listed in Attachment "A
SECTION 7. DAMAGE: The County agrees to repair, replace, and/or
reimburse the City for any and all damages caused to property and equipment owned by
the City and resulting primarily from the action of County employees. The County shall
cause such repair, replacement and/or reimbursement to occur within a reasonable
amount of time thereby affording no undue hardship to the City.
The City agrees to repair, replace, and/or reimburse the County for any and all
damages caused to property and equipment owned by the County and resulting primarily
from the action of City employees. The City shall cause such repair, replacement and/or
reimbursement to occur within a reasonable amount of time thereby affording no undue
hardship to the County.
SECTION S. ATTORNEY'S FEES AND COSTS: In the event of any
litigation between the parties arising out of this contract, each party will bear its own
attorney's fees and costs.
SECTION 9. SEVERABILITY: If any section, paragraph, sentence, clause,
phrase, or word of this Agreement is, for any reason held by a Court to be
unconstitutional, inoperative, or void, such holding shall not affect the remainder of this
Agreement.
SECTION 10. HOLD HARMLESSANDEMNIFICATION: The City, to the
extent permitted by law, agrees to fully indemnify, defend, and hold the County, its
officers, agents, and employees harmless against any claims for bodily injury, sickness;
disease death or personal injury, or damage to property or loss of use resulting there
from, including attomeys fees and court costs, arising out of this Agreement, or any
services provided by the City pursuant to this Agreement, if such claims are as a result of
the City's sole negligence.
3
The County, to the extent permitted by taw, agrees to fully indemnify, defend, and
hold the City, its officers, agents, and employees harmless against any claims for bodily
injury, sickness, disease death or persona] injury, or damage to property or loss of use
resulting there from, including attorneys fees and court costs, arising out of this
Agreement, or any services provided by the County pursuant to this Agreement, if such
claims are as a result of the County's sole negligence.
In agreeing to this provision neither party intends to waive any defense or limited
of sovereign immunity to which it may be entitled under Section 768.28. Florida Statutes
or otherwise provided. The parties acknowledge specific consideration has been
exchanged for this hold harmless/indemnification provision.
Notwithstanding any other provision set forth in this Agreement, nothing
contained in this Agreement shall be construed as a waiver of the parties' right to
sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed
on the parties' potential liability under state or federal law. As such, the parties' shall not
be liable under this Agreement for punitive damages or interest for the period before
judgment. Further, the parties' shall not be liable for any claim or judgment, or portion
thereof. to any one person for more than one hundred thousand dollars ($100,000), or any
claim or judgment, or portion thereof, which, when totaled with all other claims or
judgments paid by the State of its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00).
This paragraph shall survive termination of this Agreement.
SECTION 11, EFFECTIVE DATE: This Agreement shall be effective upon
signing of both parties and recordation in the Public Records of Brevard County, Florida,
as maintained by the Clerk of Court. Recordation shall be paid for by the County.
SECTION 12. JURISDICTION. VENUE, AND CHOICE OF LAW: A]]
questions pertaining to the validity and interpretations of the Agreement shall be
determined in accordance with the Laws of the State of Florida. Any legal action by
either party against the other concerning the Agreement shall be filed in Brevard County,
Florida, which shall be deemed proper jurisdiction and venue for the action, of if in
Federal Court, in the U.S. District Court for the Middle District of Florida. In any
litigation, the parties agree to waive any right that may exist to a jury trial and any trial
shall be non jury.
SECTION 13. AUDITING, RECORDS AND INSPECTIONS: In the
performance of this Agreement, the City and County shall keep books, records and
account of all activities related to the Agreement, in compliance with generally accepted
accounting procedures. Books, records, and accounts related to the performance of this
Agreement shall be open to inspection during regular business hours by authorized
representatives of both entities for a period of three (3) years (365 days = one year) after
termination of this Agreement. All books, records, and accounts related to the
4
performance of this Agreement shall be subject to the applicable provisions of the Florida
Public Records Act, Chapter 119, Florida Statutes.
SECTION 14. ENTIRE AGREEMENT: This Agreement, including the
exhibits, riders and/or addenda, if any attached hereto, sets forth the entire Agreement
between the parties. This Agreement shall not be modified except in writing and executed
by all parties. and recorded in the Public Records of Brevard County, Florida as
maintained by the Clerk of Court. Recordation shall be at the expense of the County.
This Agreement was negotiated by both parties hereto. Consequently, no provision shall
be more harshly interpreted against either party hereto as drafter of this Agreement.
SECTION 15. NOTIFICATION: Notification should be sent to the following
personnel and addresses:
Bennett Boucher .Tames P. Liesenfelt, Transit Director
City Manager Space Coast Area Transit
City of Cape Canaveral 401 S. Varr Avenue
P.O. Box 326 Cocoa, Fl 32922
Cape Canaveral, FL 32920
INWITNESS WHEREOF, the party has hereto set their hands and seals the day
and year first above written.
ATTFST: BREVARD COUNTY, FLORIDA,
a political subdivision of the State of Florida
BY: BY:
Scott Ellis, Clerk of Courts Chuck Nelson. Chairman
As approved by the Board on
Reviewed for legal format and Content
By:
Shannon Wilson, Deputy County Attorney
ATTEST:
BY:
Susan Stills, City Clerk
CITY OF CAPE CANAVERAL.
a Florida Municipal Corporation
BY:
Rocky Randels, Mayor
ATTACHMENT "A"
TRANSIT SHELTER and BENCH Locations in the City of Cape Canaveral
Bus Shelter/Bench Locations (06/02/09):
West Side of SR AIA:
• @ Burger King (proposed shelter)
• @ Radisson Resort
• @ Columbia Drive (proposed shelter)
• @ International Drive (proposed shelter)
• @ Trailer parks
• @ IAP Services
• @ Cocoa Palms Trailer Park
• @ Holman Avenue
• @ Casa del Sol
East Side of SR AIA:
• @ City Sig"
• @ Shell Station
East Side of North Atlantic:
• @ Perles del Mar Townhouse Complex
• @ West Central Boulevard
• @ Southgate Trailer Park (proposed shelter)
• @ Coastal Fuels
East Side of Ridgewood Avenue:
• @ Madison Avenue
• @ Washington Avenue
Other:
• @ Library on folk Avenue (proposed shelter)
• @ Caroline Street
• @ Cape View School (on Rosalind Avenue)
• @ Canaveral Blvd/7-1 1 Convenience Store (proposed shelter)
• @ Caroline Street/Canaveral Blvd
• @ Polk(Ridgewood Avenues
7
ATTACHMENT "B"
TRANSIT SHELTER and BENCH Cost Estimates
Benches:
Typical Bench $ 800
Assembly, Construction, and Installation
including Permitting $ 3,000
Transit Shelters:
Typical Shelter S7,000
Construction, Erection and Installation
including Pennitting $ 5,000
Notwithstanding the Attachment "B" price estimates, said estimates are
approximations of cost only and shall not provide binding amounts; provided, that in no
event shall the total cost for installation sought to be reimbursed exceed by 30% the total
estimated cost for installation,
M
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: June 16, 2009
Item No. 4
Subject. Engineering og Specs/Bid wSupport
Ridgewood Avenue Federal StimulusFunds
Department: Public Works
Summary: The City of Cape Canaveral has been awarded
stimulus funds to pave
Ridgewood Avenue (to be performed as part of the redevelopment
project). To obtain these Federal funds, extensive paving specifications,
bid documents, and reports for submittal to the Florida Department of
Transportation (FDOT) and the Federal Highway Administration (FHWA)
must be prepared during the bidding process. The project must be
advertised by March 3, 2010 to meet Federal guidelines. The City's
engineering firm, Stottler Stagg & Associates (SSA), has submitted a cost
estimate to provide these support services to the City.
Requested Council it Action: Approval of funding for the project in the amount of
$11,500 to SSA to meet Federal guidelines for the award of stimulus
funds.
Financial impact: Funds fo.....t....._. �
r the work ($11,500) are from the following account:
General Fund — (001-017-901-630100).
Attachments: ❑ Supporting Documents Reviewed
SSA Cost Estimate
Submitting Department Head: - Date:
Approved by City Manager: Date:
61/9/
City Council Action: [ ] awed recommended [ ]Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
May 22, 2009
Mr. Jeff Ratliff
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
RE: SSA Fee Proposal for Bid Packages for Ridgewood Avenue
Dear Jeff:
Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is
pleased to present our engineering proposal for the development of a Ridgewood Ave bid
package. This work will support eligibility for Federal Stimulus funds through the Local Agency
Program (LAP).
In initial conversations with program administrators, it has been noted that the bid package will
require 37 requirements that need to be tabbed for Florida Department of Transportation review.
Based on further discussions with City staff it is felt that two separate bid packages will need to
be assembled for the Ridgewood project. These packages include:
1. LAP Agreement for Paving Work Only - Documents include the construction plans and
bid package. The bid package will include:
a. Instructions to Bidders
b. Technical specs (paving only)
c. LAP federally required items
d. Federal checklist reviewed and submitted by both City and FDOT.
(Note the construction drawings are being prepared under separate contract)
(The documents will be reviewed by the FDOT's Central Office and Federal Highway
staff.)
2. Bid documents for the balance of the Ridgewood Ave project (will not include Federal
criteria).
Regarding the LAP program, the hard deadline is March 3, 2010. This is the date that the
project must be ready to advertise for bid in order to be eligible for Federal Stimulus Funds.
In evaluating the proposed construction, it would be anticipated that the second bid package
would actually be started ,(with substantial work completed) before the paving operations were
undertaken.
SSA's specific scope of services is as follows:
S; POTI"t.t" R :t"'AGG Cts:. %0CIA 1, t?�ttd,tlIt tri i i°i (�1' l l;tt t i z, INC,
8W, North Atlantic Avr aaaaaa R 0. Box CKW Cape 1.,anaver-0, naaHcBa 32120 Tel 321,701120 Fax '321-Mrv7K5
111. OAACoCX1329 01.13W067M
Mr. Jeff Ratliff
May 22, 2009
eA Fee Proposal - Bid Package for Ridgewood Ave
SSA SCOPE OF SERVICES
Task 1 -'Local Agency Program:
SSA will prepare the technical specifications for the Ridgewood Avenue paving. These
specifications wilil. be based on current FDOT specifications and may require a
superpave specification.
In addition SSA wiJI prepare the bid documents for this paving work using the Federal
requirements of .the LAP program. This package will include City furnished
documentation such as instructions to bidders, City contracts, general and special City
conditions. Federal requirements will be added to these City documents.
Task 2 — Review Process (City and FDOT):
Upon completion of the bid documents (and Ridgewood related construction drawings,
being performed under a separate contract) SSA will first review the documents with City
staff members. Upon City approval SSA will then submit the bid package to the FDOT.
It is anticipated by SSA, that additional requests for information will be made by both the
FDOT and Federal Highway group. SSA has included two (2) such RAI's from each
group in our proposal, If agency meetings or further RAI's are requested SSA will
perform these tasks under the addition provisions of this contract.
Task 3 — Second Bid Package for Balance of Construction along Ridgewood Ave:
SSA will prepare this second bid package which will address the balance of
Ridgewood's proposed work (which does not include the paving). This package is
mostly included in the original Ridgewood Ave design contract.
Also this bid package will not include Federal requirements but reflect standard City of
Cape Canaveral standards.
The additional work for this package will incorporate special consideration for
requirements with the City for work outside of the Ridgewood Avenue's rights of way.
Key project offsite areas will require special schedules and approved City designs in
order not to impact Ridgewood's construction,
Task 4 — Contractor Bid Support:
For both bid packages SSA will provide bid support for the City. These tasks include:
• Support of pre-bid contractor meeting
• Coordination of bid package to contractors
• Response to contractor questions
• Coordination with City
• Bid opening
There may be two (2) separate bid dates and openings for Task 1 and Task 3 packages.
Once bid documents and plans are approved, SSA will forward the City a second
proposal which addresses construction support for the Ridgewood Ave. work.
l4Flaser efmrsQUn SoM6wa%ClNLIP( jeM PROPOSALICIry of Cape Canavera&20N Prop"1P-RaGiM bld pxkage ndgewood dee
Mr. Jeff Ratliff
May 22, 2009
Page 3 SSA Fee Proposal — Bid Package for Ridgewood Ave
SCHEDULES AND FEES
Schedule: Upon City authorization to proceed, SSA will begin work. Approximately two weeks
are anticipated to prepare the LAP bid package, once the construction drawings for Ridgewood
Ave are 90% complete. Once the bid package is reviewed by the City and submitted to the
FOOT another 30-45 days are anticipated for FDOT approval. The second bid package will be
completed in 7 to 8 days following the 1AP package.
This second bid package reflecting the balance of work for Ridgewood (which doesn't include
the paving) will not be submitted to the FDOT.
Fees: SSA fees for the above tasks will reflect lump sum amounts as follows:
Task 1 - LAP documents (paving) - A lump sum fee of ......................................$4,200.00
Task 2 - Review process with FDOT/Federal Highway - A lump sum fee of..... $2,400.00
Task 3 - Second bid docs (balance of work) ............... ..$1,400.00
....................................
Task 4 - Contractor Bid Support - A lump sum fee of ....................................... $3,500.00
Total................................................................................................................ $11,500.00
Print costs for City documents and processing approvals are included in the above fees.
Print costs for contractor bid documents and pians will reflect a City / SSA agreed upon price
per set, which will be part of the contractor's bid cost. Additional printing that is required by
regulatory agencies will be billed to the Owner at SSA's cost plus 15%.
SSA's work will be invoiced based on a percentage of work completed and will be billed monthly
with payment due within thirty (30) days of receipt.
Additional services not included in the above tasks will be billed at SSA's standard hourly rates
or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work
will be billed with a fifteen percent (15%) mark-up.
Compensation rates are based on ordinances, regulations and procedures in force on the
execution date of this Agreement by the appropriate governing bodies having jurisdiction over
the project. Any significant modification in these ordinance, regulations, procedures, etc. shall
be justification for re -negotiation for the compensation due to the Consultant for the work
involved.
It is understood that any and all professional liabilities incurred by SSA throughout the course of
rendering professional services on this project shall be limited to a maximum of the net fee
received by SSA, not including reimbursable expenses and sub -consultants, for all services
rendered on the project. Should it become necessary to obtain a third party to collect our fees
for services, the Client hereby agrees to pay all costs of such collections including Attorney's
fees.
The Client and SSA respectively bind themselves, their partners, successors, assigns and legal
representative to the other party to this Agreement and to the partners, successors, assigns,
and legal representatives of such other party with respect to all covenants to this Agreement.
kFilesemnusmUoan SoWdva4CIVIL ProjeefsfPROPOSAtkCity of Cape CanaveraQM Pnasals P -Ra f hid package ndgewood.doc
Mr. Jeff Ratliff
May 22, 2009
Page 4 SSA Fee Proposal .... 6rd
Package for Ridgewood Ave
Neither the Client nor SSA shall assign, sublet or transfer any interest in this Agreement without
the written consent of the other.
The teras and conditions of this proposal are effective through June 30, 2009. Acceptance
after this date may necessitate increased fees or altered conditions.
Jeff, your authorization of this proposal can be accomplished by City approval and receipt of a
City purchase order. We are looking forward to working with you on this project.
Sincerely,
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
'J'/Z2 yl/
John A Pekar, PE
Senior Vice President
JAP:cs
ACCEPTANCE:
M.
TITLE:
DATE:
Wileserverwsmn Joan Sot orivatdVILftjouWPROPOSALkCity of Cape CmaverarOD09 ProposalsW-Rallifi bid package ridgewood.da
wn
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: June 16, 2009
Item No.
Subject: Adoption of Resolution approving the Local Agency Program Agreement
with the State of Florida Department of Transportation..
Department: Public Works.
Summary: To receive Federal stimulus funds for the paving of Ridgewood Avenue,
the City of Cape Canaveral (City) was required to submit documentation to
become Local Agency Program (LAP) certified with the State of Florida
Department of Transportation (FDOT). A resolution must be adopted by
the City Council approving the LAP Agreement to receive the Federal
stimulus funds.
Requested Council A 11 cti1. o .11 n: Adopt Resolution 2009-18 approving the proposed
LAP Agreement between the City and the FDOT.
........................ _ ......
Financial Impact: Approval of the LAP Agreement (and completion of other tasks) will
allow the City to receive $181,563 in Federal stimulus funds for the paving
of Ridgewood Avenue.
Attachments: ❑ Supporting Documents Reviewed
1). Resolution 2009-18
2). Proposed LAP Agreement
Submitting Department Head: �' Date:
Approved by City Manager: ry Date:
City Council Action: [ A ve as mimended [ ] Disapproved
[ ] Approved with Modifications
[ J Tabled to Time Certain
«Yy
hik r % Uf,,,fi
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: June 16, 2009
Item No.
Subject: Adoption of Resolution approving the Local Agency Program Agreement
with the State of Florida Department of Transportation..
Department: Public Works.
Summary: To receive Federal stimulus funds for the paving of Ridgewood Avenue,
the City of Cape Canaveral (City) was required to submit documentation to
become Local Agency Program (LAP) certified with the State of Florida
Department of Transportation (FDOT). A resolution must be adopted by
the City Council approving the LAP Agreement to receive the Federal
stimulus funds.
Requested Council A 11 cti1. o .11 n: Adopt Resolution 2009-18 approving the proposed
LAP Agreement between the City and the FDOT.
........................ _ ......
Financial Impact: Approval of the LAP Agreement (and completion of other tasks) will
allow the City to receive $181,563 in Federal stimulus funds for the paving
of Ridgewood Avenue.
Attachments: ❑ Supporting Documents Reviewed
1). Resolution 2009-18
2). Proposed LAP Agreement
Submitting Department Head: �' Date:
Approved by City Manager: ry Date:
City Council Action: [ A ve as mimended [ ] Disapproved
[ ] Approved with Modifications
[ J Tabled to Time Certain
IJ
RESOLUTION No. 2009-18
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; TO ADOPT THE LOCAL
AGENCY PROGRAM AGREEMENT AS PROPOSED BY THE
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION TO RECEIVE FEDERAL STIMULUS
FUNDS FOR THE PAVING OF RIDGEWOOD AVENUE
(PROJECT FPN 426303-1-5801).
WHEREAS, the City of Cape Canaveral, Brevard County, Florida has been
requested to adopt the Local Agency Program (LAP) Agreement as proposed by the
State of Florida Department of Transportation (FDOT) to receive Federal stimulus funds
for the paving of Ridgewood Avenue (Project FPN 426303-1-5801).
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16`h day of
June 2009.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Susan Stills, CITY CLERK
APPROVED AS TO FORM:
Robert Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts
Betty Walsh
Anthony Garganese, CITY ATTORNEY
STATE OF FLORIDA OiePARIM£NT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROOuc7fONSUPPORT
axro9
Page 1
FPN: 426303-1-5801
Fund: FSSU
FLAIR Approp: 088825
Federal No: ARRA-238 B
Org Code: 55054010508
FLAIR Obj: 563022
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
County No: 70
Contract No:
Vendor No: F 590974636 001
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and the CITY OF CAPE CANAVERAL 105 Polk Avenue, P.O. Box 326, Cape Canaveral FL 32920-0326,
hereinafter called the Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement:
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Ridgewood Avenue Resurfacing and as further described in Exhibit "A" attached hereto and by this reference made a
part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
1.01 Attachments: Exhibit(s) "A,' - B," "S," and "1" are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de -certification of said Agency for future LAP
projects.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
02/09
Page 2
Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off -system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before May 31, 2010. If the Agency
does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 181,563 . This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.090<0
LOCAL AGENCY PROGRAM AGREEMENT PRooucrtoN'SUPPORT
avis
Page 3
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Nouce-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5 -year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTtONSUPpORT
02•`09
Page 4
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the FOOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded. Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4, Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part It - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida
Statutes) are to have audits done annually using the following criteria:
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non -state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non -state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
ozra1;
Pn e 5
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4, State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV - Report Submission:
Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Marianne B. Takacs, Special Projects Analyst
Florida Department of Transportation
719 South Woodland Boulevard, MS 2-542
DeLand FL 32720
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10`h Street
Jeffersonville, IN 47132
c} Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directly to each of the following:
Marianne B. Takacs, Special Projects Analyst
Florida Department of Transportation
719 South Woodland Boulevard, MS 2-542
DeLand FL 32720
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROOUCTIONSUPPDRT
o2�0a
Page 6
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Marianne B. Takacs, Special Projects Analyst
Florida Department of Transportation
719 South Woodland Boulevard, MS 2-542
Deland FL 32720
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Marianne B. Takacs, Special Projects Analyst
Florida Department of Transportation
719 South Woodland Boulevard, MS 2-542
DeLand FL 32720
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient directly to:
a) The Department at each of the following address(es):
Marianne B. Takacs, Special Projects Analyst
Florida Department of Transportation
719 South Woodland Boulevard, MS 2-542
DeLand FL 32720
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
02f 9
Page 7
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287,058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3 -"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b),
Florida Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7,00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at limes deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120 -day time period may not be paid.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
ozro+3
Page 8
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice, Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the
project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCT ION suPPORT
0?l09
Page g
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must
include the following assurance:
"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26, The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.)."
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance -
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall cant' out applicable requirements of 49 C.F.R.
Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate."
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
— Lower Tier Covered Transactions," in 49 C.F,R. Part 29, when applicable.
12,00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCT ION suPPoaT
O2J09
Page 10
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity:
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT aaooucTioN SUPPORT
o=
Page 1
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-
1273 in all its contracts and subcontracts.
13.08 Right -of -Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural, All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
02/03
Page 12
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency,
13.13 Maintenance: The /agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not
maintain the improvements made for their useful life.
13.14 Vendors Rights: Vendors (in this document identified as the /agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the State Comptroller's Hotline,
877-693-5236.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the
Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department
of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency
from adherence to federal guidelines, procedures, and regulations.
STATE OF FLORIDA DEPARTMENT OF TRAfvSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-60
PRODUCTION SUPPORT
a2�s
%ge 13
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY (City of Cape Canaveral) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
By:
Name: Name: Rise' K. Wall
Title: Title: Director of Transportation Support, District 5
Attest: Attest:
Title: Title: Administrative Assistant
As to form: As to form:
Attorney
District Attomey
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE Q FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENTPROJEOTMANAG;Eh,ENroF rCE
oarcae
Page 14
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
F PN : 426303-1-58-01
This exhibit forms an integral pari of the Agreement between the State of Florida, Department of Transportation and the
City of Cape Canaveral.105 Polk Avenue. P.O. Box 326 Cape Canaveral,FL. 32920 -0326 -
Dated
PROJECT LOCATION:
The project, is X is not on the National Highway System.
The project _ is X is not on the State Highway System.
PROJECT DESCRIPTION:
Install 1 inch of SP9.5 asphaltic concrete. Maintain temporary work zone traffic striping throughout the duration of the project
Insure that all shoulder areas are even with the edge of pavement and redo any that do not meet the specified four (4)
percent positive drainage grade. All disturbed areas are to receive sod. All sections of sidewalks areas marked in white paint
shall be replaced. All sidewalks shall be improved to meet current Americans with Disabilities Act (ADA) standards. Install
thermoplastic striping. Project starts at Grant Avenue and ends at East Central Boulevard. The length of the project is
approximately 1,354 miles.
SPECIAL CONSIDERATIONS BY AGENCY:
The project funded by this Agreement is funded under the terms and conditions of the 2009 American Recovery and
Reinvestment Act (ARRA). Said terms and conditions include, but are not limited to, the following project -specific conditions:
ARRA Prolect Specifications
• Projects on the State Highway System (SHS) (On -System Projects) shall include the current Florida Department of
Transportation, Standard Specifications for Road and Bridge Construction, Divisions II and III and shall also include
specific applicable portions of Division I. These specifications shall be included by the Agency in the Agency's
"General Requirements and Covenants" for the project.
• Projects not on the SHS (Off -System Projects) shall include the LAP "Big Four' Specifications or Approved
Substitution. The "Big Four" Specifications include the Agency's specifications for: Earthwork (SP1200000); Asphalt
(SP 334000); Concrete (SP 3440000); and Landscaping (SP 5800000). The specifications may be found at
http://www.dot.state.fl.us/speciriicationsoffice/Implemented/LAP/LapSpecs/Default.shtm.
Resurfacina Scope Requirements
The minimum scope criteria for 2009 ARRA-funded resurfacing projects shall include:
• Reworking shoulders to be flush with pavement,
• Upgrade or replace existing roadside hardware (guardrail) as necessary for compliance with Federal criteria for 3R
Projects contained in the Department's Plans Preparation Manual, Section 25.4.26,
• Signing and pavement marking to meet the latest MUTCD standards, and
• Construction or reconstruction, as necessary, of curb cuts and ramps to comply with current ADA requirements.
General Federal/State Desig_n Standards
Projects on the SHS shall follow Standard 3R Criteria as described and contained in the Department's Plans Preparation
Manual.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525,010.40
LOCAL AGENCY PROGRAM AGREEMENT PRaecr MANAGE MEN TOFF ucE
08/0F,
Page 15
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
,Greenbook Standards
The Agency acknowledges that the Florida Greenbook is intended for use on all new construction projects off the SNS and
that the Florida Greenbook takes into consideration that Greenbook standards cannot be applied completely to all
reconstruction and maintenance -type projects. For the purpose of this 2009 ARRA-funded project, Florida Greenbook
standards shall be applied to the extent that economic and environmental factors are considered and to the extent that
existing development will allow.
If the criteria cannot be met on any aspect of the project, the Engineer -of -Record shall include mitigation measures to make
up for the substandard feature(s). For example, in the case of lane width, acceptable mitigation measures may include:
• A safety edge (reducing the pavement edge drop-off hazard),
• Removing or relocating fixed objects (such as hazardous mailboxes, abandoned utility poles, etc.),
• Audible/vibratory edge pavement markings on high road departure crash highways,
• 6" wide pavement markings, and
• Breakaway safety features on objects within the clear zone.
Resurfacing Pavement Standards
For Off -System Resurfacing Projects that do not require structural capacity, a pavement design should be prepared for the
resurfacing in accordance with the Flexible Pavement Design Manual, The level -of -data collection undertaken by the Agency
shall take into consideration the type of facility being designed. For example, on a very low volume facility for which traffic
data is not available from the local government, a rough, conservative estimate of truck traffic shall be made through
observation during a field visit(s). Additionally, the embankment resilient modulus can be estimated from the resilient modulus
values derived from nearby similar pavements or from Limerock Bearing Ratio (LBR) tests in the relevant area. If pavement
structure information is not available for the project, a limited amount of coring can be completed.
Resurfacing of an Off -System Roadway shall be accomplished in a manner to meet Florida Greenbook standards. The
Florida Greenbook incorporates by reference the Department's pavement design standards and criteria. All Department
pavement design manuals reference Superpave Mix designs. The LAP Specifications, Section 334, "Hot Mix Asphalt for
Local Agencies," is an acceptable specification for the project. Type S Asphalt Concrete Mix is not acceptable for the project.
Safety
To the extent possible, the safety of the roadway segment shall be improved, but said effort shall not be interpreted to require
what is essentially roadway reconstruction. The Agency shall evaluate high crash locations and shall require those high crash
locations to be addressed and improved in the project. The Department can provide assistance to the Agency in obtaining the
crash records for all roadway sections associated with the project. As an option, an Agency may have a separate safety
project consisting of safety or operational upgrades that are not tied to one road segment. The Department will require
existing roadside hardware (e.g., guardrail) to be reviewed for crashworthiness and upgraded or replaced as necessary for
compliance with the Federal criteria for 3R Projects, which is explained in the Department's Plans Preparation Manual,
Section, 25.4.26.
Bridges
The project may include and be funded with 2009 ARRA funds for bridge restoration, repair, replacement, and new
construction projects as well as other eligible activities under the Federal Surface Transportation Program (STP) as defined
within Title 23 USC 133(b). The link to Title 23 USC 133(b) is: htto://www.law.cornell.edu/uscode/23/133(b).htmi. Per Title 23
USC 133(b)(1), bridge painting is an eligible activity. Scour countermeasures, deck replacements, and pile jackets are also
eligible for 2009 ARRA funds, as these types of activities are related to the bridge restoration or repair.
In accordance with Title 23 USC 133(b)(1),bridge projects on all public roads (both Federal -aid and non -Federal -aid
Highways) are eligible for STP funding.
STATE OF FLORIDA DEPARtME.NT OF TRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENTOFffCE
0816&
Page 16
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
Americans with Disabilities Act (ADA
The project shall be designed and constructed in conformance with ADA requirements. For resurfacing projects, the Agency
shall construct or reconstruct the project to include appropriate curb cuts and ramps that comply with current ADA
requirements.
Invoices and Monthly Progress Reports
Invoices and Monthly Progress Report shall be submitted on a quarterly basis to:
Vince Vacchiano, LAP Project Manager
Florida Department of Transportation
719 South Woodland Boulevard, MS 3-506
DeLand, Florida 32720
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's
contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the
amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action
from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Study to be completed by
b) Design to be completed by
c) Right -of -Way requirements identified and provided to the Department by
d) Right -of -Way to be certified by
e) Construction contract to be let by
f) Construction to be completed by May 31,2010.
If this schedule cannot be mel, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
NA
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0100
LOCAL AGENCY PROGRAM AGREEMENT PRODIJCTIONSUPPORT
08/06
1539017
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME $ BILLING ADDRESS: FPN
City Of Cape Canaveral 426303-1-58-01
105 Polk Avenue
P.O. Box 326
Cape Canaveral FL. 32920-036
;J:i0PIX01r9I*303N1i0rorki
Name. Ridgewood Av nue Resurfacing Length: 1.354 miles
Termini: From Grant Avenue to E. Central Blvd.
TYPE OF WORK By Fiscal Year
FUNDING
(S)
TOTAL
PROJECT FUNDS
(2)
AGENCY
FUNDS
(3)
STATE &
FEDERAL FUNDS
Planning 2006-2007
2007-2008
2008-2009
Total Planning Cost
Project Development & Environment (PD&E)
2006-2007
2007-2008
2008-2009
Total PD&E Cost
Design 2006-2007
2007-2008
2008-2009
Total Design Cost
Right -of -Way 2006-2007
2007-2008
2008-2009
Total Ripht-of-Way Cost
Construction 2006-2007
2007-2008
2008-2009
2009-2010
Total ConsUvction Cost
$ 181.563.00
S 181.563.00
$ 181,563.00
$ 181,563,00
Construction Engineering and Inspection (CEI)
2006-2007
2007-2008
2008-2009
Total CEI Cost
Total Construction and CEI Costs
$ 181,563.00
5 181,563.00
TOTAL COST OF THE PROJECT $ 181,563,00
$ 181,563.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each
fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-06
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
o1og
Page 18
EXHIBIT "S"
2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
JOB REPORTING
FPN; 426303-1-5801
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation
(Department) and the City Of Cape Canaveral. 105 Polk Avenue, P.O. Box 326, Cape Canaveral, FL 32920-0326.
Dated
SPECIAL CONSIDERATIONS BY AGENCY;
Compliance with the 2009 American Recovery and Reinvestment Act (ARRA)
This project is subject to the criteria and conditions of the 2009 American Recovery and Reinvestment Act
(ARRA). The Agency will satisfy the Federal reporting requirements for the project(s), such as the monthly
employment report, for both the Contractor and Subcontractor. The Agency will provide the required
information on form(s) provided by the Department in the timeframe indicated in the instructions. The Agency
will ensure that the reporting requirements are included in all ARRA contracts and subcontracts.
The Agency will withhold the Contractor's progress payments, project acceptance, and final payment for failure
to comply with the requirements of the 2009 ARRA.
Authority of the U.S. Comptroller General
Section 902 of the 2009 ARRA provides the U.S. Comptroller General and his representatives the authority:
1. To examine any records of the Contractor or any of its Subcontractors, or any State or Local Agency
administering such contract, that directly pertain to, and involve transactions relating to, the contract or
subcontract; and
2. To interview any officer or employee of the Contractor or any of its Subcontractors, or of any State or Local
Agency administering the contract, regarding such transactions.
Accordingly, the U.S. Comptroller General and his representatives shall have the authority and rights as
provided under Section 902 of the 2009 ARRA with respect to this contract, which is funded with funds made
available under the 2009 ARRA. Section 902 further states that nothing in this Section shall be interpreted to
limit or restrict, in any way, any existing authority of the U.S. Comptroller General.
Authority of the U.S. Inspector General
Section 1515(a) of the 2009 ARRA provides authority for any representatives of the Inspector General to
examine any records or interview any employee or officers working on this contract. The Contractor is advised
that representatives of the U.S. Inspector General have the authority to examine any record and interview any
employee or officer of the Contractor, its Subcontractors or other firms working on this contract. Section
1515(b) further provides that nothing in this Section shall be interpreted to limit or restrict, in any way, any
existing authority of the Inspector General.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52&410-46
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
08106
Page 18
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $181,563.
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs. Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Etigibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways Programs, respectively, For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.