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Home My WebLink AboutPacket 12-16-2008 RegularCity of • / • a a• CITY COUNCIL REGULAR MEETING CI _1___1_1 CITY HALL ANNEX CAPE CANAVERAL 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 16, 2008 7:00 PM AGENDA PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Parks and Recreation Department — Presentation to Ms. Joyce Hamilton. North Atlantic Avenue Preliminary Landscape Design Concept. Cabo Casa, Proposed Assisted Living Facility Project. BOARD INTERVIEWS: Dennis Jenkins — Board of Adjustment George Sweetman — Board of Adjustment REPORTS: City Manager Staff City Council 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 ® Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmvflorida.com/cape ® e-mail: ccapecanaveral@cfl.rr.com 01ty of Cape Canaveral, Florida City Council Regular Meeting Agenda December 16, 2008 Page 2 of 3 11 1 � 111MITIN 10 = • 3. Motion to Approve: A Request for Satisfaction/ Release • Code Enforcement Lien, 116-118 Tyler Avenue. 4. Motion to Approve: An Amended Development Agreement between the City of Cape Canaveral and Amabassador Services, Inc. and Canveral Bulk Terminal Inc. 5. Motion to Approve: An Appointment of a Canaveral Port Authority Liaison. 6. Motion to Approve: City Projects for the Federal Economic Stimulus Bill on Infrastructure. ORDINANCE: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 11 -2008; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending 09-30-08. 8. Motion to Approve: Ordinance No. 12-2008; A Five -Year Schedule of Capital Improvements. RESOLUTION: 9. Motion to Adopt: Resolution No. 22008-39; Supporting Amendments to the Florida Statutes to Increase Mortgage Holders Responsibility for Delinquent Condominium, Co -Operative and Homeowners Association Fees on Foreclosed Units. 10. Five -Year Renewal of the Solid Waste Agreement with Waste Management of Flnrici.q Inr. 11 Resolution No. 2008-38; Revising the Schedule of Fees for the Collection and Disposal • Solid Waste. `itj`of Cape Canaveral, Florida City Council Regular Meeting Agenda December 16, 2008 Page 3 of 3 !' • 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 aur horize 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. Meeting Type: Regular Meeting Date: 12-16-08 SUBJECT: DEPT/DIVISION: AGENDA Heading Presentation Item See attached meIllo. No. Public works director's memo dated 11-25-08; Press Release AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL PRESENTATION: N. ATLANTIC AVENUE PRELIMINARY LANDSCAPE DESIGN CONCEPT Requested Action: Mr. Brad Smith of Brad Smith and Associates will present the Preliminary N. Atlantic Avenue Landscape Design Concept for City Council's review and comments. Summary Explanation & Background: See attached meIllo. Exhibits Attached: Public works director's memo dated 11-25-08; Press Release City Manager's. -Office - , Department ca im\my oc n s\admin\cou \meeting\2008\12-16-08\bradsmith.doc To: Bennett Boucher — City Manager From: Walter Bandish — Public Works Director Date: November 25, 2008 RE: Agenda Item for December 16, 2008 City Council Meeting North Atlantic Avenue Beautification Project The City Council of the City of Cape Canaveral (City) recently elected to move forward with the preliminary design study of the North Atlantic Avenue Beautification Project. Brad Smith Associates, Inc. (BSA), who is currently preparing design phase drawings for the Ridgewood Avenue Beautification Project, was selected to complete the work. As part of the contract, BSA is to present to the City Council preliminary landscape design concept drawings for the work to be completed on North Atlantic Avenue. BSA has requested that this presentation occur at the December 16, 2008 City Council meeting. In addition, if approved by the City Council, BSA will then advertise and conduct a public workshop on the project on Tuesday, January 13 (5:30 pm — 7:30 pm) at the City Library. Recommendation: City staff recommends that BSA conduct a presentation of the preliminary landscape design concept drawings for the North Atlantic Avenue Beautification Project at the December 16, 2008 City Council meeting. Funds to conduct this presentation to the City Council were previously approved at the October 7, 2008 City Council meeting. For Details, Contact: Brad Smith : Brad Smith Associates, Inc. Phone (321) 724-1036 x 102 Brad Smith Associates, Inc. News Release North Atlantic Avenue to Receive Face -Lift Public Input Being Sought During Workshop Brad Smith Associates, Inc P.O. Box 120938 W. Melbourne, FL 32912 Phone (321) 724-1036 Cape Canaveral, December 1, 2008: Plans are underway for beautification efforts along the North Atlantic Avenue corridor in the City of Cape Canaveral (City). The City recently commissioned a preliminary design study to be conducted by Brad Smith Associates, Inc., a planning and design firm based in Melbourne, Florida. Intersection improvements, pedestrian accommodations, and streetscape enhancements are being considered. Consultants will he conducting a Public Workshop on 'Thursday, January 13`'x, from 5:30 — 7:30 PM at the City's Public Library to receive input and comments regarding the proposed design concepts. Traffic calming is one topic that will be explored during the workshop. "We want to receive feedback from the public regarding the suitability of various alternatives", said Brad Smith, president of the consulting firm undertaking the planning study. According to the Federal Highway Administration, traffic calming can involve "engineering and other physical measures designed to control traffic speeds and encourage driving behavior appropriate to the location". Staff members from Stottler Stagg & Associates, the City's engineering consultant, will be available during the workshop to discuss traffic calming, innovative means of handling stormwater, and other project considerations with interested participants. Workshop participants will also be encouraged to select their preferred options for such design features as decorative paving, lighting fixtures, uercl-es, and trash reccptacies during the workshop. According to Smith, ""The workshop will be an important part of the planning process, providing essential input in a casual setting." For Release 9 a.m. EST December 18, 2008 more North Atlantic Ave. Streetscape Page 2 The City of Cape Canaveral has an ongoing commitment to beautification efforts, both by recognizing and awarding the landscaping efforts of its residents, and by undertaking specific beautification programs. Construction drawings for improvements to Ridgewood Avenue are scheduled for completion by late spring or early summer. That project involved a public workshop similar to the one planned for North Atlantic Avenue. Both projects are being designed and engineered by the team of Brad Smith Associates, Inc. together with Stottler Stagg & Associates. - end - Meeting Type: Regular Meeting Date: 12-16-08 AGENDA Heading Presentation Item See attached policy for these types of presentations. No. Project Overview AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: CABO CASA, PROPOSED ASSISTED LIVING FACILITY PROJECT DEPT/DIVISION: COMMUNITY DEVELOPMENT/PLANNING Requested Action: Danny Ringdahl & Associates is presenting the proposed concept for Cabo Casa Assisted Living Facility. Summary Explanation & Background: Concept presentation, no action required. See attached policy for these types of presentations. Exhibits Attached: Project Overview City Manager's-�Offieg . v Department COMMUNITY ypr� r y DEVELOPMENT/PLANNING uiy ucii��\auLLuii\UQ)U1lc,llvneec1iig\2008\1G-1b-08\cabocasa. ctoc Date: September 16, 2008 To: Bennett Boucher, City Manager Mayor and City Council Members From: Barry Brown, Planning and Development Director Re: Policy for Pre -application meeting with the City Council The purpose of a "pre -application" meeting is to allow developers to present proposals for types of development that are new to the City and/or do not meet the current code. These projects might require land use changes, rezonings, or variances from code. The meeting would allow the developer to present a "conceptual" plan for development and elicit comment from the Council prior to the expenditure of additional monies necessary to prepare formal applications and plans. Likewise, the Council has the opportunity to ask questions, express concerns, provide general direction, and request additional information to be included with the application. The pre -application meeting allows Council to be in the loop from the beginning on major projects that affect their constituents. All Council persons hear the same story and are able to benefit from each other's questions, rather than each Councilperson meeting with the developer individually and potentially having a different understanding of the project. It affords the Council the opportunity to express concerns, ask questions, and provide direction such as requiring a meeting with surrounding property owners. It also provides direction to staff. The City Attorney has raised concern that the pre -application meeting might prejudice the quasi-judicial rights of the applicant and therefore emphasized that in order to avoid due process issues, the City Council pre -application meeting must be held before an application for a site plan is submitted to the City staff. The City Attorney recommends that the City Council pre -application meeting be addressed in the City code as a requirement for projects of a certain size or other threshold. City Council pre -application meetings could also be scheduled for projects that do not meet the minimum threshold if requested by staff or if requested by a developer and approved by staff. It should be emphasized that the City Council pre -application meeting discussion is not binding and is for preliminary informational purposes only. Also, pre - application meetings would fall under the Sunshine Laws requiring proper notification, minutes, etc. Based on my experience, it can be beneficial for the governing bodies of small local governments to meet with developers prior to formal application submittal. The nature of development is evolving and in the future there will be commercial, industrial, and mixed-use projects that do not conform to the current code, but which achieve goals of the visioning process and may add value to the community by providing desired services, creating jobs, and enhancing the tax base. It may be that after the visioning process and possible code revisions that there would be less of a need for pre -application meetings. I propose the following pre -application meeting process: 1. Applicant schedules meeting with staff. Staff can provide direction and point out issues of concern they and the City Council may have with the project. Staff would request certain information such as site plans, architectural elevations, preliminary traffic counts, proposed plans to address stormwater and environmental protection. 2. Applicant submits requested information and then a City Council pre - application meeting would be scheduled. 3. Packets of information will be distributed to the City Council for review prior to the meeting. 4. Applicant meets with Council, and then submits application for formal site plan review through the normal process established in City code section 110, article VI. Cabo Casa Cape Home for Assisted Living Cape Canaveral, Florida PROPOSED ASSISTED LIVING PROJECT Prepared by: Danny P. Ringdahl & Associates Glenn Duffy Dave Menzel Curtis Mosley Prepared for: City of Cape Canaveral, Florida City Council Regular Meeting December 16, 2008 Five pages plus attachments A&B OVERVIEW: Assisted Living Cabo Casa is a proposed Assisted living facilities for people needing assistance with Activities of Daily Living but wishing to live as independently as possible for as long as possible, bridging the gap between independent living and nursing homes. Cabo Casa assisted laving center will help those who are not able to live by themselves but do not require constant care either. Cabo Casa assisted living facilities will offer help such as eating, bathing, dressing, laundry; housekeeping, and assistance with medications. Cabo Casa will be an Independent living facility for people who want to and are able to live independently but do not want to maintain a home, but prefer to live in a community with others of the same age and with similar interests. Each residence will be equipped with an automatic fire alarm notification, emergency call system, and sprinkler system. Everyday living will be made easier, no matter what the circumstance with extra -wide corridors featuring sturdy handrails. Apartments will include a roomy walk-in shower to accommodate a walker or a wheelchair. From a full-time registered nurse Wellness Director to on-site exercise equipment committed to our residents' physical well-being. We will develop an individually tailored wellness plan to help residents embrace and protect their good health. Cabo Casa will offer assistance with medication, bathing or dressing with a plan customized especially for each resident. Amenities: Residents will enjoy the following community amenities: Full-service beauty salon and barber shop Sitting nooks at all levels Library TV room Movie room On site medical room Swimming facility Computer Room Activity lounge Outside gardens with sitting area Scheduled transportation in a chauffeured, wheelchair -accessible van Each individual apartment includes: Wireless emergency call system Individually -controlled thermostat Kitchenette with microwave and refrigerator/freezer Handicapped -accessible bathrooms Carefree living, enjoying the Assisted Living Hospitality Package of services included in their rent: Three delicious meals served daily with Complimentary beverage bar and snacks All utilities except telephone Calendar of social and recreational events Home maintenance Weekly housekeeping with linen and towel service Scheduled transportation in chauffeured, wheelchair -accessible van Residents can enjoy a more individualized care plan to ensure their personal needs are met. For a nominal fee assisted living residents can receive: Medication management Assistance with ambulation Bathing and dressing assistance Safety and security checks Meal time reminders Personal laundry service OA Adult Day Services Cabo Casa will have an adult day services that are particularly beneficial for the working caregiver. Adult Day Care will be supervised and safe environment while caregivers are at work. They will enjoy the independence of living at home, while also looking forward to visiting the center each day for a range of activities, delicious catered meals and the compassionate, professional care offered by the staff. Memory Support Cabo Casa will provide residents who have memory loss from disorders like dementia and Alzheimer's with the utmost care, independence and security during each phase of the disease. Cabo Casa will also have an Alzheimer's lock down wing with specially trained staff. Respite Care Designed for stays of a few days to several months, short-term stays are perfect when family members are away on a vacation, business trip or require a short break from caring for the senior in their life. Short-term stays are also an option for seniors needing extra assistance after a hospital visit or during an illness Emergency Management Planning and Evacuation Please see attachments A & B 3 Forecast of Net Buildable �Ey 27 ed3fi Screen Number 1 Axe &Income QM ` dHouseltolds in Ptirnart Marketing Area P ' -Maketi ng Area 8,6''8 Non-justitutionalized Households /incomes above $50,004) Per Anrtuass _�y �r,3 _ (174% Age UrJ-T'�'S,.,Lni'Z�`$f�."ir�.��.�i$iYli$��vie Total ige63-74 9J07 'q;"""$ 10,A48 11,129 21s, s9 Total Age 75-82 5,685 6,2S2 6,620 6,98 7;354 TotalA eS3- 2,111 2.:250 3,060 3,369 3.6"8 Total Cohorts 17,131 18.381 201,127 21171 32,821 Screen Number Z ADL DIsabristV/AA! lHComr+e QuAl fred Households it, P ' -Maketi ng Area 8,6''8 113 _�y �r,3 _ (174% Age UrJ-T'�'S,.,Lni'Z�`$f�."ir�.��.�i$iYli$��vie y,y 6 Selected) J�i�ii��+FCiief�'3 70 �z`V so ."h.AJ.. 5"1 ��p i€LTY Age 75-S4 6.02%,to10.19SIO-5.I%Mea 10.19%Selectedt 600 63: 6-75 712 129 Age 8a+ to 25AP-s - I9.c;% Meaw 25. % Selected) 622 701 780 sS8 93" 1,5.23 Total Cohorts 1,692 2,842 1,993 2,1.21. 1395 Screen Number 3 - lnueases xJue ru su u.ru ,� . _ _ _� Total Age 15 -54 wA comtesA ore 511 1c 6,839 "152 81065 8,6''8 113 Total Age as-64r�; ncomesA%ate5l ai: 6,325 ".122 ",919 8,"16 %5.12 9.512 TotalAdultCirsldreU 13,161 11571 15,981 17,391 18,805 AsSazrcen L ---ease true to Ad -ChAd -t I.0'- of Adlult z:d 's Bas's 283 Twaz' Caamulrali4,c Lara frusr 132. 116. 360 27$ 2$8 Total Gyosa.t3 1,5.23 1;988 Z,1S3 2,318 2,183 treen Number 1 Less In ceases 13ue to COMPetiln" Additions its eta ket Increase in it a used ALCF Ilrsits € Turnover lacemrremt 124 �r3 202 222 281 Total Net Demand 1,-, Oo 1.835 1,951 2,076 2,282 een `umtbeer S Penetration Potential of x Luk-edna Area Total -Vet Buildable Demand Potential 255 271 293 321 Screeu uutber 6 Potential Faciliw Size Qrtautification 113 Aa xtzsal Fr<ci # Sales i}z+3eut1al if I mal t grket is 0% o? erenues 319-142 366 389 A�aI Fucilzt ales Potential primary 3 islet is 85�'i o f Rem yes 300 322 25 3 9 gut Facility Sales i'oteutzal if Iyrt ay &Parket is 90% ol`Itereuaaes 283 304 32 ' � 3466 268 268 30 328 318 M ALkeinter's SCUAssisted DringFacility DemamdAnalysu; Forecast of Net Buildable Demand IN FIRM!! Astronaut Boulevard Ss Im eriall Bouleiwd Site Screen Number 1- Ate & Income Qualified Households in Pdmanl),larkethig Area Nou-Institutionalized Households w/Incomes Above $50,000 Per Annum TotalAge 71-79 7,S24 7,948 81,3773 8,797 9,222 TotalAgeSO- 4,972 5,474 5,91s 6,4", 6,979 -2 Ceti i' mr:nmaxv-VLaxxeqAx Area Age -(1- 79 i2.61,1 g to .':22% -197% Meaw 7.32% S etected) S51 5'82 613 644 675 Agei 1,W 1,393 I 3 1,886 2,032 Total Cokorts 1,998 2,1775 2,352 2,529 2,707 Screen 'N 3 - Increases Due to Adult Children Referrals - Secandazv.Marketing Area Total Age 43 - 34 wIncomes Above SIOOK 6,839 7,452 8,06S 8,678 9,293 Total Age 53 -64 wAncomes Above 5 1 OOK 6,325 -,122 7,915 8,716 9,512 TotalAdult nild-rm 13,164 14574 15,984 17,394 18,8tt5 Assumed Increase Due to Adult Children 9 1.0 -ft of Adult Children Basis TotalIncrease 132 146 160 174 188 Total Gross Demand 2,130 21,321 2,512 2,103 2,845 Screen Number 4 - Less Increases Due to Competitive Additions in Market Increase in P1awtrd1PnposedALZ1ALCF Units 1-50 213 2775 338 401 Total Net Dentand 11980 1108 2,237 2,366 2,494 Screen Number 5 - Penetration Potential of Priman Nfarlefing Area TatalMet Buildable DemandPoten 1 297 316 336 355 374, -..t ai iEi-. Q - rutexxtuu r4tww Mize wuammc Ai,mital Facitiry Sales Potential zfPn;nary.N1tzrket is W-a'afRe-remp-es 371 395 419 444 468 Annual Facility Sales Potenhal sfpnMary.110*et is 55%cfRevenues 349 3712 395 417, 440 Auxualfacility Sales Potential if astnas 3t trltet :s 90� 4 a7fltevnemues 330 351 373 394 416 Annual Facility Sales Potentzal ifPkmary.Varket is 43%- of]Zerenues 313 333 353 374 394 END OF REPORT.- Emergency Management Planning Criteria for Nursing Home Facilities (Criteria) The following minimum criteria are to be used when developing Comprehensive Emergency Management Plans (CEMP) for all Nursing Homes. The criteria serve as the required plan format for the CEMP, and will also serve as the compliance review document for county emergency management agencies upon submission for review and approval pursuant to Chapter 252, Florida Statutes (F.S.). These minimum criteria satisfy the basic emergency management requirements of 400, Part 11, Florida Statutes, but are not designed to provide specific emergency medical planning guidance. Although such planning is required under 400, Part II, Florida Statutes, and this rule and may be included in this plan, those items will not be subject to review or approval by county emergency management agencies. These criteria are also not intended to limit nor exclude additional materials facilities may decide to include to satisfy other relevant rules, requirements, or any special issues facility administrators deem appropriate for inclusion. As before, such voluntary inclusions will not be subject to the specific review by county emergency management personnel, but only those items identified in these criteria. I. INTRODUCTION A. Provide basic information concerning the facility to include: Name of the facility, address, telephone number, emergency contact telephone number and fax number; 2. Owner of facility, address, telephone number; 3. Year facility was built; 4. Name of administrator, address, work/home telephone number; 5. Name, address, work/home telephone number of person implementing the provisions of this plan, if different from the administrator; 6- Name and work/home telephone number of person(s) who developed this plan; 7. Provide an organizational chart with key emergency positions identified. R. Provide an inuoductiun to the Pian, which describes its purpose, time of implementation, and the desired outcome that will be achieved through the AHCA 3110-6006, March, 1994 planning process. Also provide any other information concerning the facility that has bearing on the implementation of this plan. II. AUTHORITIES AND REFERENCES A. Identify the legal basis for the plan development and implementation of local ordinances and apply 400-23, F.S., and 59A-4.126, Florida Administrative Code (F.A.C.). B. Identify reference materials used in the development of the Plan. C. Identify the hierarchy of authority in place during emergencies. Provide an organizational chart, if different from the previous chart required. III. HAZARD ANALYSIS A. Describe the potential hazards that the facility is vulnerable to such as hurricanes, tornadoes, flooding, fires, hazardous materials incidents from fixed facilitates or transportation accidents, proximity to a nuclear power plant, power outages during severe cold or hot weather, etc. Indicate past history and lessons learned. B. Provide site specific information concerning the facility to include: 1. Number of facility beds, maximum number of clients on site, average number of clients on site; 2. Type of residents served by the facility to include, but not limited to: a. Patients with Alzheimer's Disease b. Patients requiring special equipment or other special care, such as oxygen or dialysis c. Number of patients who are self-sufficient 3. Identification of hurricane evacuation zone facility is in; 4. Identification of which flood zone facility is in as identified on a Flood Insurance Rate Map; 5. Proximity of facility to a railroad or major transportation artery (per hazardous materials incidents); 6. Identify if facility is located within I0 -mile or 50 -mile emergency planning zone of a nuclear power plant. AHCA 3110-6006, March, 1994 2 IV. This section of the plan defines the policies, procedures, responsibilities and actions that the facility will take before, during and after any emergency situation. At a minimum, the facility plan needs to address: direction and control; notification; and sheltering. A. Direction and Control Define the management function for emergency operations. Direction and control provides a basis for decision-making and identify who has the authority to make decisions for the facility. Identify by name and title, who is in charge during an emergency, and one alternate, should that person be unable to serve in that capacity. 2. Identify the chain of command to ensure continuous leadership and authority in key position. 3. State the procedures to ensure timely activation and staffing of the facility in emergency functions. Are there provisions for emergency workers' families? 4. State the operational and support roles for all facility staff_ (This will be accomplished through the development of Standard Operating Procedures, which must be attached to this plan). 5. State the procedures to ensure the following needs are supplied: a. Food, water and sleeping arrangements. b. Emergency power, natural gas or diesel. If natural gas, identify alternate means should loss of power occur which would effect the natural gas system. What is the capacity of emergency fuel system? c. Transportation (may be covered in the evacuation section). d. 72 -hour supply of all essential supplies. 6. Provisions for 24-hour staffing on a continuous basis until the emergency has abated. R• ?1,o1-1ficatlon ARCA 3110-6006, March, 1994 3 Procedures must be in place for the facility to receive timely information on impending threats and the alerting of facility decision makers, staff and residents of potential emergency conditions. 1. Define how the facility will receive warnings, to include off hours and weekends/holidays. 2. Identify the facility 24-hour contact number, if different than number listed in introduction. Define how key staff will be alerted. 4. Define the procedures and policy for reporting to work for key workers. 5. Define how residents/patients will be alerted and the Precautionary measures that will be taken. 6. Identify alternative means of notification should the primary system fail. 7. Identify procedures for notifying those facilities to which facility residents will be evacuated. 8. Identify procedures for notifying families of residents that facility is being evacuated. C. Evacuation Describe the policies, role responsibilities and procedures for the evacuation of residents from the facility. 1. Identify the individual responsible for implementing facility evacuation procedures. 2. Identify transportation arrangements made through _m__un-fal aid agreements or understandings that will be used to evacuate residents (Copies of the agreements must be attached as annexes). Describe transportation arrangements for logistical support to include moving records, medications, food, water, and other necessities. 4. Identify the pre -determined locations where residents will be evacuated. ARCA 3110-6006, March, 1994 4 5. Provide a copy of the mutual aid agreement that has been entered into with a facility to receive residents/patients. 6. Identify evacuation routes that will be used and secondary routes should the primary route be impassable. 7. Specify the amount of time it will take to successfully evacuate all patients/residents to the receiving facility. Keep in mind that in hurricane evacuations, all movement should be completed before the arrival of tropical storm winds (40 mph winds). 8. Specify the procedures that ensure facility staff will accompany evacuating residents/patients. 9. Identify procedures that will be used to keep track of residents once they have been evacuated to include a log system. 10. Determine what and how much should each resident take. Provide for a minimum of 72 -hour stay, with provisions to extend this period of time if the disaster is of catastrophic magnitude. 11. Establish procedures for responding to family inquiries about residents who have been evacuated. 12. Establish procedures for ensuring all residents are accounted for and are out of the facility. 13= Determine at what point to begin the pre -positioning of necessary medical supplies and provisions. 14. Specify at what point the mutual aid agreements for transportation and the notification of alternative facilities will begin. D. Ice -entry Once a facility has been evacuated, procedures need to be in place for allowing residents or patients to re-enter the facility. 1. Identify who is the responsible person(s) for authorizing re-entry to occur. 2. Identify procedures for inspecting the facility to ensure it is structurally sound. AHCA 3110-6006, March, 1994 5 Identify how residents will be transported from the host facility back to their home facility and identify how you will receive accurate and timely data on re-entry operations. E. Sheltering If the facility is to be used as a shelter for an evacuating facility, the plan must describe the sheltering/hosting procedures that will be used once the evacuating facility residents arrive. 1. Describe the receiving procedures for arriving residents/patients from evacuating facility. 2. Identify where additional residents will be housed. Provide a floor plan, which identifies the space allocated for additional residents or patients. 3. Identify provision of additional food, water, medical needs of those residents/patients being hosted at receiving facility for a minimum of 72 hours. 4. Describe the procedures for ensuring 24-hour operations. 5. Describe procedures for providing sheltering for family members of critical workers. 6. Identify when the facility will seek a waiver from the Agency for Health Care Administration to allow for the sheltering of evacuees if this creates a situation, which exceeds the operating capacity of the host facility. 7. Describe procedures for tracking additional residents or patients sheltered within the facility. V. INFORMATION, TRAINING AND EXERCISE This section shall identify the procedures for increasing employee and patient/residents awareness of possible emergency situations and provide training on their emergency roles before, during and after a disaster. A. Identify how key workers will be instructed in their emergency roles during non -emergency times. B. Identify a training schedule for all employees and identify the provider of the training. AHCA 3110-6006, March, 1994 6 C. Identify the provisions for training new employees regarding their disaster related role(s). D. Identify a schedule for exercising all or portions of the disaster plan on an annual basis. E. Establish procedures for correcting deficiencies noted during training exercises. The following information is required, yet placement in an appendix is optional if the material is included in the body of the plan. A. Roster of employees and Companies with key disaster related roles. 1 • List the names, addresses, and telephone number of all staff with disaster related roles. 2. List the name of the company, contact person, telephone number and address of emergency service providers such as transportation, emergency power, fuel, food, water, police, fire, Red Cross, etc. B. Agreements and Understandings Provide copies of any mutual aid agreement entered into Pursuant to the fulfillment of this plan. This is to include reciprocal host facility agreements, transportation agreements, current vendor agreements or any agreement needed to ensure the operational integrity ofthis plan. C. Evacuation Route Map A map of the evacuation routes and description of how to get to a receiving facility for drivers. D. Support Material 1 • Any additional material needed to support the information provided in the plan. 2• Copy of the facility's fire safety plan that is approved by the local fire department. AHCA 3110-6006, March, 1994 7 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES Survey & Certification Emergency Preparedness for Every Emergency EMERGENCY PREPAREDNESS CHECKLIST RECOMMENDED TOOL FOR EFFECTIVE HEALTH CARE FACILITY PLANNING Not Started in Progress Completed Tasks • Develop Emergency Plan: Gather all available relevant information when developing the emergency plan. This information includes, but is not limited to: ✓ Copies of any state and local emergency planning regulations or requirements ✓ Facility personnel names and contact information ✓ Contact information of local and state emergency managers ✓ A facility organization chart ✓ Building construction and Life Safety systems information ✓ Specific information about the characteristics and needs of the individuals for whom care is provided • All Hazards Continuity of Operations (COOP) Plan: Develop a continuity of operations business plan using an all -hazards approach (e.g., hurricanes, floods, tornadoes, fire, bioterrorism, pandemic, etc.) that could potentially affect the facility directly and indirectly within the particular area of location. Indirect hazards could affect the community but not the facility and as a result interrupt necessary utilities, supplies or staffing. Determine all essential functions and critical personnel. • Collaborate with Local Emergency Management Agency: Collaborate with local emergency management agencies to ensure the development of an effective emergency plan. • Analyze Each Hazard: Analyze the specific vulnerabilities of the facility and determine the following actions for each identified hazard: ✓ Specific actions to be taken for the hazard ✓ Identified key staff responsible for executing plan ✓ Staffing requirements and defined staff responsibilities ✓ Identification and maintenance of sufficient supplies and equipment to sustain operations and deliver care and services for 7-10 days ✓ Communication procedures to receive emergency warning/alerts, and for communication with staff, families, individuals receiving care, before, during and after the emergency V Designate critical staff, providing for other staff and volunteer coverage and meeting staff needs, including transportation and sheltering critical staff members'family • Collaborate with Suppliers/Providers: Collaborate with suppliers and/or providers who have been identified as part of a community emergency plan or agreement with the health care facility, to receive and care for individuals. A surge capability assessment should be included in the development of the emergency plan. Similarly, evidence of a surge capacity assessment should be included if the supplier or provider, as part of its emergency planning, anticipates the need to make housing and sustenance provisions for the staff and or the family of staff. • Decision Criteria for Executing Plan: Include factors to consider when deciding to evacuate or shelter in place. Determine who at the facility level will be in authority to make the decision to execute the plan to evacuate or shelter in la seven . f tics do d � d tint ill b the place �c'.. II .- VVtJi a evacuation LI VI el IJ glYell� aIIV w11Q will e Ilc chain of command. Note: Some of the recommended tasks may exceed the facility's minimum Federal regulatory requirements Task may not be applicable to agencies that provide services to clients in their own homes Imag a$c 41 e?e1.16C!!lStel 2007 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES Survey & Certification Emergency Preparedness for Every Emergency EMERGENCY PREPAREDNESS CHECKLIST RECOMMENDED TOOL FOR EFFECTIVE HEALTH CARE FACILITY PLANNING Not Started In Progress completed ; Tasks • Communication Infrastructure Contingency: Establish contingencies for the facility communication infrastructure in the event of telephone failures (e.g., walkie-talkies, ham radios, text messaging systems, etc.). • Develop Shelter -in -Place Plan: Due to the risks in transporting vulnerable patients and residents, evacuation should only be undertaken if sheltering -in- place results in greater risk. Develop an effective plan for sheltering -in-place, by ensuring provisions for the following are specified: * Procedures to assess whether the facility is strong enough to withstand strong winds, flooding, etc. Measures to secure the building against damage (plywood for windows, sandbags and plastic for flooding, safest areas of the facility identified. ✓ Procedures for collaborating with local emergency management agency, fire, police and EMS agencies regarding the decision to shelter -in-place. ✓ Sufficient resources are in supply for sheltering -in-place for at least 7 days, including: ■ Ensuring emergency power, including back-up generators and accounts for maintaining a supply of fuel • An adequate supply of potable water (recommended amounts vary by population and location) • A description of the amounts and types of food in supply ■ Maintaining extra pharmacy stocks of common medications ■ Maintaining extra medical supplies and equipment (e.g., oxygen, linens, vital equipment) V Identifying and assigning staff who are responsible for each task Description of hosting procedures, with details ensuring 24-hour operations for minimum of 7 days V Contract established with multiple vendors for supplies and transportation Develop a plan for addressing emergency financial needs and providing security * Develop Evacuation Plan: Develop an effective plan for evacuation, by ensuring provisions for the following are specified: * Identification of person responsible for implementing the facility evacuation plan (even if no outside evacuation order is given) Multiple pre -determined evacuation locations (contract or agreement) with a "like" facility have been established, with suitable space, utilities, security and sanitary facilities for individuals receiving care, staff and others using the ioc?tion, with at least one facility being 50 miles away. A back=up may be necessary if the first one is unable to accept evacuees. Evacuation routes and alternative routes have been identified, and the proper authorities have been notified Maps are available and specified travel time has been established Adequate food supply and logistical support for transporting food is described. V The amounts of water to be transported and logistical support is described. % The logistics to transport medications is described, including ensuring their protection under the control of a registered nurse. / Procedures for protecting and transporting resident/patient medical records. V The list of items to accompany residents/patients is described. Note: Some of the recommended tasks may exceed the facility's minimum Federal regulatory requirements * Task may not be applicable to agencies that provide services to clients in their own homes Pane ? "`J" '- JCF.76e! 1 lSler 2007 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES Survey & Certification Emergency Preparedness for Every Emergency EMERGENCY PREPAREDNESS CHECKLIST RECOMMENDED TOOL FOR EFFECTIVE HEALTH CARE FACILITY PLANKING Not Started in Progress Completed Tasks ✓ Identify how persons receiving care, their families, staff and others will be notified of the evacuation and communication methods that will be used during and after the evacuation ✓ Identify staff responsibilities and how individuals will be cared for during evacuation, and the back-up plan if there isn't sufficient staff. ✓ Procedures are described to ensure residents/patients dependent on wheelchairs and/or other assistive devices are transported so their equipment will be protected and their personal needs met during transit (e.g., incontinent supplies for long periods, transfer boards and other assistive devices). ✓ A description of how other critical supplies and equipment will be transported is included. ✓ Determine a method to account for all individuals during and after the evacuation ✓ Procedures are described to ensure staff accompany evacuating residents. ✓ Procedures are described if a patient/resident becomes ill or dies in route. ✓ Mental health and grief counselors are available at reception points to talk with and counsel evacuees. ✓ It is described whether staff family can shelter at the facility and evacuate. • Transportation & Other Vendors: Establish transportation arrangements that are adequate for the type of individuals being served. Obtain assurances from transportation vendors and other suppliers/contractors identified in the facility emergency plan that they have the ability to fulfill their commitments in case of disaster affecting an entire area (e.g., their staff, vehicles and other vital equipment are not "overbooked," and vehicles/equipment are kept in good operating condition and with ample fuel.). Ensure the right type of transportation has been obtained (e.g., ambulances, buses, helicopters, etc). • Train Transportation Vendors/Volunteers: Ensure that the vendors or volunteers who will help transport residents and those who receive them at shelters and other facilities are trained on the needs of the chronic, cognitively impaired and frail population and are knowledgeable on the methods to help minimize transfer trauma. • Facility Reentry Plan: Describe who will authorizes reentry to the facility after an evacuation, the procedures for inspecting the facility, and how it will be determined when it is safe to return to the facility after an evacuation. The plan should also describe the appropriate considerations for return travel back to the facility. x • Residents & Family Members: Determine how residents and their families/guardians will be informed of the evacuation, helped to pack, have their possessions protected and be kept informed during and following the emergency, including information on where they will be/go, for how long and how they can contact each other. • Resident Identification: Determine how residents will be identified in an evacuation; and ensure the following identifying information will be transferred with each resident: ✓ Name ✓ Social security number ✓ Photograph Note: Some of the recommended tasks may exceed the facility's minimum Federal regulatory requirements * Task may not be applicable to agencies that provide services to clients in their own homes Page 3 September 200 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES Survey & Certification Emergency Preparedness for Every Emergency EMERGENCY PREPAREDNESS CHECKLIST RECOMMENDED TOOL FOR EFFECTIVE HEALTH CARE FACILITY PLANNING Not Started In Progress Gwnpleted Tasks ✓ Medicaid or other health insurer number ✓ Date of birth, diagnosis ✓ Current drug/prescription and diet regimens ✓ Name and contact information for next of kin/responsible person/Power of Attorney) Determine how this information will be secured (e.g., laminated documents, water proof pouch around resident's neck, water proof wrist tag, etc.) and how medical records and medications will be transported so they can be matched with the resident to whom they belong. • Trained Facility Staff Members: Ensure that each facility staff member on each shift is trained to be knowledgeable and follow all details of the plan. Training also needs to address psychological and emotional aspects on caregivers, families, residents, and the community at large. Hold periodic reviews and appropriate drills and other demonstrations with sufficient freque cy to ensure new members are fully trained. • Informed Residents & Patients: Ensure residents, patients and family members are aware of and knowledgeable about the facility plan, including: ✓ Families know how and when they will be notified about evacuation plans, how they can be helpful in an emergency (example, should they come to the facility to assist?) and how/where they can plan to meet their loved ones. ✓ Out-of-town family members are given a number they can call for information. Residents who are able to participate in their own evacuation are aware of their roles and responsibilities in the event of a disaster. • Needed Provisions: Check if provisions need to be delivered to the facility/residents -- power, flashlights, food, water, ice, oxygen, medications and if urgent action is needed to obtain the necessary resources and assistance. • Location of Evacuated Residents: Determine the location of evacuated residents, document and report this information to the clearing house established by the state or partnering agency. • Helping Residents in the Relocation: Suggested principles of care for the relocated residents include: ✓ Encourage the resident to talk about expectations, anger, and/or disappointment Work to develop a level of trust ✓ Present an optimistic, favorable attitude about the relocation ✓ Anticipate that anxiety will occur ✓ Do not argue with the resident ✓ Do not give orders ✓ Do not take the resident's behavior personally ✓ Use praise liberally ✓ Include the resident ire assessing problems ✓ Encourage staff to introduce themselves to residents ✓ Encourage family participation • Review Emergency Plan: Complete an internal review of the emergency lan Note: Some of the recommended tasks may exceed the facility's minimum Federal regulatory requirements * Task may not be applicable to agencies that provide services to clients in their own homes Page e Qy� I September 2007 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES Survey & Certification Emergency Preparedness for Every Emergency EMERGENCY PREPAREDNESS CHECKLIST RECOMMENDED TOOL FOR EFFECTIVE HEALTH CARE FACILITY PLANNING Not Started In Progress completed Tasks on an annual basis to ensure the plan reflects the most accurate and up-to- date information. Updates may be warranted under the following conditions: ✓ Regulatory change ✓ New hazards are identified or existing hazards change ✓ After tests, drills, or exercises when problems have been identified ✓ After actual disasters/emergency responses ✓ Infrastructure changes ✓ Funding or budget -level changes • Communication with the Long -Term Care Ombudsman Program: Prior to any disaster, discuss the facility's emergency plan with a representative of the ombudsman program serving the area where the facility is located and provide a copy of the plan to the ombudsman program. When responding to an emergency, notify the local ombudsman program of how, when and where residents will be sheltered so the program can assign representatives to visit them and provide assistance to them and their families. • Conduct Exercises & Drills: Conduct exercises that are designed to test individual essential elements, interrelated elements, or the entire plan: ✓ Exercises or drills must be conducted at least semi-annually ✓ Corrective actions should be taken on any deficiency identified • Loss of Resident's Personal Effects: Establish a process for the emergency management agency representative (FEMA or other agency) to visit the facility to which residents have been evacuated, so residents can report loss of personal effects. * Note: Some of the recommended tasks may exceed the facility's minimum Federal regulatory requirements * Task may not be applicable to agencies that provide services to clients in their own homes Page 5 September 2007 City of Cape CanaveraU �v —.— T, 2008 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: John Bond, Chairperso Board of Adjustment Re: Recommendation to City Council Appointment of Regular Board members Dennis Jenkins and George Sweetman At the Board of Adjustment meeting held on December 3, 2008, the Board interviewed two potential board members, Dennis Jenkins and George Sweetman. By unanimous vote, based on their knowledge and expertise, the Board recommended that they both be appointed by City Council, as Regular Board memhers, not as Alternates. Please schedule this item for the next City Council meeting agenda. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com €E t OCT 1 7 4 0 06 i CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOAR MITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Coder also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. 2. 3. 4. 5. 6. Applicant Name: Dennis R. Jenkins Home Address: 425 Pierce Avenue, Unit 405 City, State, Zip: Cape Canaveral, FL 32920 Home Telephone: 321.868.0184 Occupation: Consulting Engineer Business Telephone: Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y)_XX_ (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y)_XX_ (N) 3a. Have you ever been convicTed or found guilty regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N)_XX 3b. if yes to 3a, have your civil rights been restored? (Y) (N) 42, I_)n vnii preGently carve nn anv nther city of Cape Canaveral advisory board or committee? (Y) (N)_XX_ 4b. If yes to 4a, please list each: 1 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y)_XX (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N)_XX 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I would like to support the City ("give something back") and keep our community the great place to live it currently is. I understand how difficult it is to attract volunteers 2. Briefly state any prior experiences in serving on any governmental board or committee: I breifly was on the Planning and Zoning board in 2003, but was called out of town to serve as cheif-of-staff on the Columbia Accident Investigation Board (Space Shuttle) 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 30 years of engineering experience, including site planning, building construction, contractor management. 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. _1_ Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. 2_ Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board i. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American XX Male Asian -American Female Hispanic -American Not Known Native American XX Caucasian--DISABItI-fY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED To A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. Your application will remain effective for one year from the date of completion. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: /,/ ter' e7� Please return tn- City of Cape Canaveral Office of the City Clerk 101_5 Poll- AVven'u'e Cape Canaveral, Florida 32920 For Office Use Only: Date Appointed: Appointed by: Board Appointed to:_ Term Expires: CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2471, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: zt, rct `2 a rn Ai -I 2. Home Address: - 00 J00 I S 6 G -rA r' CAA 2& r-4 3. Home Telephone: S2 d - ?6 3' -• `i SQ 4. Occupation: r �4 M,-ar" P.0 o:4- 0 r .s f3,G 5. Business Telephone: 311 s 03'10 6. Business Address: 7,200 bests A s A y e r-A,c r-1, Aya/2 �) 4- B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 94 4a If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. if yes to 4a, please list each: (Y)(N) (,O (N) (Y)(N) (Y) (N) (Y) (N) V 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y)_ (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: AT `r U i � 71 ice, C ha myt �'l C- UJ I'S/J z 6 Gia A 1/3 y r -C coi'E�'IwAP6��4aC iZPfr6 A5 114 ' SS�d��9�(�uG'lJ�� 2. Briefly state any prior expenences in serving on any governmental board or I- i,-�' mak. G % I t -i4 . 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: z 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. r Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE African-American Asian -American Hispanic -American Native American Caucasian Not Known GENDER Male Female Not Known DISAB !4f Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: ' Y, O Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue P+. Canaveral, FloridamsCape Canave€al, Floda 32920 Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 2, 2008 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Recreation Director Robert Lefever Planning & Development Director Barry Brown PRESENTATION: Operational Plan for KSC/NASA, by Mr. Ron Morgan Mayor Randels introduced Mr. Ron Morgan and gave a summary of Mr. Morgan's expertise in the Space Industry. Mr. Morgan has been involved in Aerospace Engineering for 39 years; he served as the principle engineer for McDonnell -Douglas and retired in 1994; worked with Pryor -Douglas Aircraft and Planning Research Corporation (PRC); served as design engineer and support at Kennedy Space Center for all Apollo and Shuttle launches, 1964 — 1994; he was the Manned Flight Awareness Honoree for Apollo 10; Return to Flight Team for Apollo 1 and Challenger; originator of the Kennedy Space Center Integrated Logistics System (ILS); and an originator of the Laurence Livermore Laboratory Integrated Operations Plan. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 2 of 15 Mr. Morgan provided the highlights of the proposed plan and expressed how its implementation would require U.S. Congressional action. Mr. Morgan stated how the plan highlights NASA's contributions in science for the last century and would include all NASA's centers. The plan appears feasible in these economic times since it would not require any new KSC structure , hardware allocations, or assets. Mr. Morgan stated how Kennedy Space Center was deemed the "Gateway to Space." The near completion of the Space Shuttle program at KSC signals the end of the first phase of NASA's quest to explore the universe. Therefore, a new NASA space and science project could ensure NASA's leadership both in space and on earth for the next 50 years. Mr. Morgan explained how the new initiative would highlight the integrated science capabilities of all NASA centers, including their associated colleges and universities and the science projects of selected international space agencies already doing business with NASA. Mr. Morgan stated how NASA has been involved, unknown to most people, in solving some of earth's critical problems. Mr. Morgan explained how an International Gateway to space, earth and ocean science joining together representatives of NASA centers, NOAA [National Oceanic and Atmospheric Administration] and the international space community would provide a global focal point of NASA's full commitment for the next 50 years. Mr. Morgan stated NASA's new motto as, "The Universe is Our Domain; The Earth is Our Responsibility." Mr. Morgan noted some News articles related to the Space Industry as follows: • Space X, a program related to commercial launches; • LC 36, a launch complex at Cape Canaveral Air Force Station licensed by the State as part of a larger plan to develop a duty-free trade zone to the International Space Station; • The Florida Energy Systems Consortium, a new statewide consortium to join researchers, facilities and technology from state universities to work jointly toward higher energy efficiency; • A proposal to build three solar energy plants in Florida, one at KSC; • NGNP — Next Generation Nuclear Power located at the Idaho National Laboratory (INL) as part of Earth Science; • NOAA's commission of the Okeanos Explorer as "America's Ship for Ocean Exploration;" • How Sewaqe Treatment was Wrecking Havoc on State Waters: and • The Space Coast's technical workforce of more than 40,000 highly -skilled technical employees active in at least 80 organizations. In closing, Mr. Morgan noted the KSC Plan Advisory Group of which City Council Member, Dr. C. Shannon Roberts is a member. Mr. Morgan replied to Mayor Randels that the City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 3 of 15 Kennedy Space Center would transition to space, earth and ocean related projects. Mr. Petsos brought out the importance of local Research and Development. Mr. Ray Osborne of Holman Road inquired about any similarities between the Apollo and the new Aries program. Mr. Morgan noted how during the Apollo missions the area was filled with international visitors and the same was anticipated with this integrated global vision. Ms. Roberts thanked Mr. Morgan for his in-depth research and effort and she also informed that Mr. Bob Cabana, the former KSC Director, was recognized for hosting federal agencies on the KSC property. In summary, Ms. Roberts noted how the need at local universities for international research partnerships would be met with this anticipated plan. BOARD INTERVIEW: Judi Cameron Community Appearance Board Ms. Cameron affirmed that all of the answers on her application were true and correct to the best of her ability. Ms. Cameron stated that she desired to participate in maintaining the City's appearance. Ms. Cameron affirmed that she did not anticipate any scheduling conflicts in her meeting attendance. Ms. Roberts asked Ms. Cameron to highlight her background. Ms. Cameron replied that she worked as a missile inspector for McDonnell -Douglas Corporation for 11 years; for Harris Corporation; for ITTDCD South as an inspector and she also took courses in Interior Design encompassing architecture, history and design. In summary, she could be an asset to the Board. Mayor Pro Tem Hoog asked Ms. Cameron to explain her vision for the City through the Board. Ms. Cameron stated that she would like to see more landscaping. She also noted a closer retail store, such as Dollar General. Ms. Cameron expressed the desire to maintain a quaint community. Mayor Randels noted her return to the City as a resident. Ms. Cameron responded that residents appear to take more pride in the community since the 1980'x. Mayor Randels informed Ms. Cameron that the Board term was for three years. Mr. Osborne asked Ms. Cameron's about her architectural vision. Ms. Cameron expressed how a Mediterranean -style theme would work well with the Cape Canaveral community. She emphasized how uniformity is the driving factor in a community aesthetic. Mayor Randels informed Ms. Cameron that a Resolution to appoint her to the Board would be placed on the next City Council Meeting Agenda for consideration. REPORTS: City Manager • Mr. Boucher announced that Brevard County started the North Atlantic Avenue intersection today. He stated the cost as $573,000 funded with Brevard County Impact Fees. Mr. Boucher outlined the project as installation of the left -turn lane on City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 4 of 15 North Atlantic Avenue going north/south and to install a mast arm, traffic signals, sidewalks and raised curbing. The first phase of the project will take 30 — 45 days weather permitting; once completed, they will move to the south sections taking another 30 — 45 days weather permitting. The mid-section, which requires removal of the hump, will require a 30 day closure. The estimated completion time will be mid-March 2009. Mr. Boucher stated that the County would leave a ten -foot wide emergency access path. However, due to the utilities and digging, there would be no permitted traffic. Mr. Petsos referred to previous discussion on closing the entire intersection in order to expedite the project. Mr. Boucher stated that the entire intersection could be closed entirely for 60 -days; however, that would pose a hardship on a well travelled thoroughfare. Mr. Bandish stated how closing the intersection would complicate the changing direction of the traffic pattern as the project was completed. Ms. Roberts reminded that Mr. Petsos had requested a Project Schedule at a previous meeting. She also noted the need for communication with the impacted residents in order for them to know what to expect. Ms. Roberts mentioned how the project needed an inventory of signage prior to beginning the work. Ms. Roberts stated how having a Project Schedule would have assisted the Council in making decisions. Ms. Roberts recommended a written schedule in order to visualize the project's scope. Mr. Boucher replied that he F -mailed a schedule to Council on November 13th.Mr. Petsos requested that Staff check into the reason why the project would cease for two weeks. Mr. Boucher also noted that the newspaper misnamed the project as occurring in Cocoa Beach and he planned to contact Nonni Moody for a correction. Mr. Petsos requested a full schedule for the North Atlantic Avenue project. The City Manager would obtain one from Brevard County Public Works. • Mr. Boucher reported that the piping was completed on the Center Blvd. Baffle Box project. Trench backfilling would begin on Wednesday, December 3rd and traffic lanes should open by the end of the week. • Mr. Boucher informed that the Shenfrs department will be scheduled to speak about Community Policing on the December 16th City Council Meeting Agenda. • Mr. Boucher informed that Waste Management will also be scheduled for the December 16th City Council Meeting Agenda. He reported they are agreeable to a 4 percent increase effective January 1 st. They would also discuss Council's seeking a Contract extension. Mayor Pro Tem Hoog questioned the effect of, reducing the garbage pick-ups to one day per week, continuing the trash, and retaining the commercial dumpster. He asked if this would provide a cost savings. Mr. Boucher informed that Waste Management planned to discuss such alternatives including the State Legislature's aim of the 75 percent recycling program proposed by the year 2010. Mayor Randels and Mr. Petsos requested advanced materials related to the upcoming discussion. Mr. Boucher clarified that any discussion would focus on service level options, but would not lead into City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 5 of 15 Contract negotiations. The City Manager would supply copies of the Waste Management contract to the Council. • Mr. Boucher reported that the City Attorney was reviewing the draft Bus Shelter Agreement. The number of bus shelters was uncertain and would be coordinated with Space Coast Area Transit. Ms. Walsh asked if other cities were acquiring bus shelters. Mr. Boucher replied that SCATs was partnering with other cities through a grant; however, the City was responsible for ongoing maintenance after installation. • Mr. Boucher informed that Brad Smith and Associates will be scheduled for the December 16th City Council Agenda to present preliminary concepts of the North Atlantic Avenue concepts. Based on Council's feedback, a public input meeting was scheduled for January 13th in the Cape Canaveral Library Meeting Room. The press release was done of which City Council was provided a copy. • Mr. Boucher informed that Mr. Phil Laurien was finalizing his scope of services for the visioning session. Mr. Laurien would meet with the City Manager and Staff on December 22nd. He planned to retain Media Relations person, Shelly Lawton, of My Region. org to promote public participation. Mr. Petsos stated his concern with Mr. Laurien hiring additional staff since the City has its own Planner. • Mr. Boucher reported on the Library Meeting Room discussion of Tuesday, November 18th. He stated that the Library Board Members recommended a temporary, but not a permanent use, of the Library Meeting Room. Mr. Boucher conveyed that the Board recommended additional funds for janitorial and maintenance service. They were also still concerned about storage, parking and meeting schedules. Mr. Boucher related that Mr. Harry Pearson, Library Board Member, was insistent that the City compensate for these additional services. Mr. Boucher replied to Ms. Roberts that his next step was negotiation with the County Manager. In conclusion, Mr. Boucher emphasized that he expressed the need for sharing resources given the economic times. ! Mr. Boucher reported that he discussed using Special Assessments to build a Fire and Emergency Management Services facility with Ken Small of the Florida League of Cities. He explained that there were two court cases in which using a special assessment was upheld for a Fire station but not for Emergency Management Services. Attorney Garganese explained how Fire Protection Services have a special benefit to residential property through: 1) a lower insurance rating, and 2) fire protection for real property; however, Emergency Medical Services did not provide benefits for real property. Attorney Garganese explained the technical aspect of calculating for a Special Assessment for the Fire Station portion. However, an assessment would not be imposed on the Emergency Medical Services part of the facility He stated that another option was seeking a bank loan. Ms. Walsh inquired about the origin of the need to build a new Fire station. Mr. Boucher presented her with the City facilities Needs Assessment report. Mayor Pro Tem Hoog informed that under State mandates the Fire Department would suffer a decreased ISO rating unless the building undergoes some form of renovation. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 6 of 15 • Mr. Boucher informed that Mr. Danny Ringdahl requested to come to the City Council Meeting on December 16th to present a project for an Assisted Living Facility for the property west of Jungle Village Mr. Boucher informed him that the City did not have a Land Use Code to address Assisted Living Facilities. Mr. Ringdahl would face a density issue and a re -zoning from residential to commercial zoning for that type use. Mr. Ringdahl requested to submit drawings of the proposed Site Plan and some renderings. Mr. Boucher informed that Mr. Ringdahl had also performed a market research study. Ms. Roberts recommended that Mr. Ringdahl have some preliminary discussions with the surrounding community. Mr. Petsos requested input from the City Planning and Development Director prior to the Council meeting with him on December 16th on the pros and cons of its impact on the community. Mr. Petsos brought up the impact of liability in moving its residents in an emergency situation. Mayor Randels suggested including the Fire Department in that discussion. ® Mr. Boucher announced that the pad for the model shuttle was prepared. Staff would schedule a ceremony as soon as installation was completed. STAFF Public Works Director • No report. Assistant Public Works Director Mr. Ratliff reported on the anticipated completion of the Baffle Box project within the next seven days. Recreation Director = Mr. Lefever announced the '13th Annual Reindeer Run at Cherie Down Park at 8 A.M. on Saturday, December 13tH • Mr. Lefever also announced the Annual Tree Lighting on the following Sunday, December 14th, at the Cape Canaveral Library. • Mr. Lefever mentioned a Calendar of Events available in the Council Meeting Room. • Mr. Lefever reported that the park naming contest was held with Cape View Elementary School. A 6th Grade student won the contest with the name "Sandpiper Park" for the park on Harrison and Magnolia Avenues. He and the Recreation Board reviewed the essay submittals at their last meeting on November 18th. The finalists and winner will be announced during the upcoming Annual Easter Egg Hunt in the sprinq. • Mr. Lefever replied to Mr. Petsos that ballasts were ordered for the park lighting. Mr. Lefever explained why he did not desire to lock the park in order to prevent damage in someone's effort to get in. Mr. Lefever commended the citizens in the surrounding area for the Neighborhood Watch efforts. Mayor Randels expressed City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 7 of 15 that this would be an item to discuss with the Sherriff's office on December 16th related to community policing. City Clerk • No report. City Attorney • No report. CITY COUNCIL Council Member Betty Walsh • No report. Council Member Shannon Roberts Ms. Roberts consulted with Council to discuss a moratorium on State Road [SR] A1A due to potential development. She expressed concern over development without with Mr. Laurien's visioning work with input from the community. Ms. Roberts requested a Discussion Item of a Moratorium on development on State Road A1A on the December 16th Agenda. Attorney Garganese explained that definiteness of the time period would be required before declaring one. Attorney Garganese stated that the moratorium was a tool, but would require a narrow scope in its use. Mr. Boucher asked if this related to commercial property or all zoning districts along SR Al A. Ms. Roberts clarified development along SR Al as part of the theme and the entrance that would become part of the City's visioning. Ms. Walsh brought out how building now would call for future modifications. Ms. Roberts emphasized the necessity to halt construction without input from the residents. • Ms. Roberts requested activation of the Springbrook Business Licensing Software module in the Building Department. • Ms. Roberts requested notifying the Canaveral Port Authority related to traffic re -direction on North Atlantic Avenue. • Ms. Roberts inquired about Mr. Petsos' research on the left -turn lane on State Road AIA. Mr. Petsos replied that the Florida Department of Transportation was willing to conduct another study; however, they desired to wait until the new gambling ship was in operation at the Port. • Ms. Roberts noted that sidewalk parking continues on Anchorage Way. She mentioned this as a safety issue. Mr. Boucher reminded that this was a private street. • Ms. Roberts inquired about the status of the new web site. Mr. Boucher replied that he was in the process of proofing the content. • Ms. Roberts requested to have State Representative Steve Crisifulli address the Council. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 8 of 15 • Ms. Roberts inquired about Mr. Boucher's effort to negotiate discounted dependent coverage with Bill Ellis at Health First. Mr. Boucher replied that he discussed this with a Representative and a response is forthcoming. • Ms. Roberts inquired about the number of City signs for road work. She stated that Staff would benefit from a larger inventory of signs for use at various road work projects. • Ms. Roberts inquired about the Florida Power and Light Rebate Program. Mr. Boucher reported that Staff found 13 lights out and FPL has a window of time prior to repairing a request and offering a rebate. Staff plans to document the outages to show any repetition of FPL not servicing the lights. • Ms. Roberts inquired about the flags at the City entrance. Mr. Bandish replied that the flags were on order. • Ms. Roberts mentioned that animals [feral cats] continue to be fed on sidewalks and poses a hazard to pedestrians. • Ms. Roberts suggested announcing a Safe Landing as well as Safe Launch of NASA shuttles on the City Hall marquee. Council Member Buzz Petsos • Mr. Petsos requested a breakdown on the Reclaimed Water usage. The Public Works Director took note. • Mr. Petsos announced an upcoming Sea Oats Project on Saturday, February 7, 2009. • Mr. Petsos reported that he and Staff would meet with the Florida Department of Environmental Protection in order to install the fences in areas that were wide enough to accommodate them. Mayor Pro Tem Bob Hoog • Mayor Pro Tem Hoog addressed street lights and the need to complete the opposite side of Thurm Blvd. Mr. Boucher reported on FPL's plan to conduct a Home Energy Makeover for 50 low-income families in March of 2009. Mr. Boucher stated that home ownership was the requirement to participate in the program. Mayor Rocky Randels • Mayor Randels requested authorization from the Council to order 500 copies of the League of Women Voters Legislative Information brochures. Cost is $.10 per copy. Council Members agreed to the purchase. The City Manager took note. • Mayor Randels noted the need to ensure that the City projects were included on the mace Cnast MP.trnnnlitan Plannlnn C)rgani7atinn KAr Rnl lr-her clarifigd that -r -r the City could seek an Interlocal Agreement with Brevard County at any time outside of the Organization's funding cycle. • Mayor Randels reported that he attended a Healthy Streets and Corridors Design meeting. He found it beneficial. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 9 of 15 • Mayor Randels reported that he received the Annual Financial Assistance for Municipalities Book from the Florida League of Cities. AUDIENCE TO BE HEARD: • Mr. Ray Osborne of 209 Holman Road asked if City Council planned to discuss economics as part of the City's visioning process. Funding opportunities were available to the City related to foreclosed properties. • Mr. Osborne asked if there were any funding in the City budget for an Apollo model. Mayor Randels reminded that the City's model was donated. • Mr. Osborne invited the audience to a Holiday Party planned with the Local History Club on Thursday, December 18th from 4:30 to 7:30 P.M. at the Cape Canaveral Library Meeting Room. Guests will be: Dianne Marcum, author of "A Travel Guide to Cape Canaveral, Sonny Witt, Lighthouse Keeper; and Chris Kali, musician. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 18, 2008. 2. Outdoor Entertainment Permit for the 13th Annual Reindeer 5K Run/Walk for United Way. Mayor Randels asked if any Council Member, Staff person, or interested party desired to remove an item from the Consent Agenda for discussion There was no request to remove either of the two items for discussion. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1, as Amended, and 2. 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 Hearinc: 3. Motion to Adopt: Ordinance No. 09-2008; Adopting a Public School Facilities Element. Attorney Garganese read the Ordinance by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT ESTABLISHING A PUBLIC SCHOOL FACILITIES ELEMENT AND AMENDING THE CAPITAL IMPROVEMENTS, INTERGOVERNMENTAL COORDINATION AND FUTURE LAND USE ELEMENTS CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS, THE REPEAL OF PRIOR INCONSISTENT City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 10 of 15 ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. Mr. Brown explained that the Florida Statutes mandates that all cities and counties prepare a Public Schools facility element. In the Council's packet, there was the element along with associated Capital Improvements, Intergovernmental Coordination, and Future Land Use Elements that are necessary to implement the Public School Facilities Element. He stated, on August 13, 2008, the Planning and Zoning Board reviewed and recommended the Ordinance's approval. On September 2, 2008, City Council reviewed the documents and approved them for transmittal to the Florida Department of Community Affairs. Subsequently, DCA stated, in a letter received by the City on October 27th, that the City may proceed to adopt this Amendment immediately. Mr. Boucher stated in conclusion that DCA chose not to review it or issue any objective comments or recommendation report on the document that is before the Council for their consideration. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Adopt at Second 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 Hearing: 4. Motion to Approve: Ordinance No. 11-2008; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending 09-30-08. Attorney Garganese read Ordinance No. 11-2008 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels briefly explained that any changes that occurred during the Fiscal Year 2007/2008 were compiled for this Ordinance. Mr. Boucher clarified that the September 30th Adjustment was increased by $30,000 to reflect the Police Ad Valorem in the General Fund and an increase in the Legal Fees Account due to existing litigation. Mayor Randels noted 102 percent revenue. Ms. Walsh noted for clarification that this would consolidate all of the Quarterly Budget adjustments from the 2007 Fiscal Year. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 11-2008 at First Reading. The vote on the motion carried City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 11 of 15 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: 5. Motion to Adopt: Resolution No. 2008-32; Urging the Florida Department of Transportation to Consider All Multi -Modal Transportation Options for SR 528 between SR 520 and Port Canaveral in the 2035 Strategic Intermodal System Highway Plan and the Evaluation of the Impacts to SR AIA. Attorney Garganese read Resolution No. 2008-32 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, IN SUPPORT OF THE BREVARD METROPOLITAN PLANNING ORGANIZATIONS' RESOLUTION NO. 09-03 RECOMMENDING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION ADD STATE ROAD [SR] 528 IN THE 2035 STRATEGIC INTERMODAL SYSTEM PLAN; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels clarified that the Council desired for the Resolution to specifically read include the following two statements: 1) to consider all the intermodal operations, and 2) to consider and evaluate the impact of the potential widening of State Road A1A. Mr. Petsos encouraged the Council to speak to the new State Representative as he was in favor of looking into light rail and multi -modal transportation. Mr. Petsos emphasized his concern that widening was not the way to proceed. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Resolution No. 2008-32. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tam Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATIONS: 6. Motion to Approve: Appointment of a Voting Delegate and an Alternate Delegate to the Space Coast League of Cities. Mayor Pro Tem Hoog asked Ms. Roberts if she cared to serve as the Voting Delegate this year. Ms. Roberts declined to serve as the Voting Delegate but would remain as the Alternate Delegate. However, Ms. Roberts pointed out the need for a liaison between Cape Canaveral and Canaveral Port Authority and asked to have the City Council address and vote for a liaison to the Port at the next City Council Meeting. The City Manager took note. A motion was made by Ms. Roberts and seconded by Mayor Randels to Approve the Appointment of Mayor Pro Tem Bob Hoog at the Voting Delegate and Ms. Shannon Roberts as an Alternate to the Space Coast League of Cities. The vote on the motion carried 5-0 with voting as follows: The vote on the motion carried City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 12 of 15 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 7. Motion to Approve: Customer Service Standards, 2009 Master Calendar, and Performance Measurement. Mayor Randels related how the City Manager responded that Staff could compile a 2009 Master Calendar. Ms. Roberts explained that Customer Service Standards addressed responding to service requests within a specified number of days. Ms. Roberts requested customizing a course with the University of Central Florida's to fit the City's Customer Service needs. Mr. Boucher stated that the City's Department Heads and rank and file employees participated in a city-wide customer service program to include promotional pins; however, he noted that the Sheriff and Fire Departments were not included in this effort. The Institute could tailor a program for them at the City's expense. Ms. Roberts explained that she was seeking quantitative results that related to how the employees implemented what they learned, for example, time related to their customer responses. Mr. Boucher replied these were Benchmarking standards. Mr. Boucher recommended that the Institute of Government include Benchmarking in its Program for the Council and Department Heads participation. Ms. Roberts clarified that the type of program she was seeking was termed Base lining as Benchmarking related to service comparatives among other cities. Ms. Walsh pointed out that the Sheriff and Fire Department have their own Benchmark programs. Mr. Boucher responded that this would assist with community service standards. Mr. Petsos pointed out that their Base lining was related to each of their Contracts. Mr. Boucher stated that Staff has a great amount of data; however, the format for reporting may need fine tuning for Council's decision making purposes. Ms. Roberts stated how no trend data or customer service standards were provided from each of the City Departments. Ms. Roberts related on residents' complaints of the lack of understanding City codes resulting in a need for process mapping from a customer's standpoint. Ms. Walsh agreed with a Process Improvement plan from an efficiency standpoint to result in better customer relations and reduced expenses. Mr. Boucher suggested a University of Central Florida Performance Measurement class for City Council, Department Heads, and Front Line Supervisors in order to gain knowledge of how to present trend data. Ms. Robe lJ used the notification on the No[ /Atlantic /"kvenue intersection project as an example of a deficiency in communication. She clarified how the City has a responsibility to ask the tough questions in an effort to clearly state its plans to the community. Ms. Roberts pointed out the importance of project preparation in a whole manner and not in a fragmented fashion. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 13 of 15 Mr. Boucher recommended that he and Council Member Roberts coordinate on the class with the Institute of Government Director, Marilyn Crotty. The Sheriff and Fire Department were also invited to attend. Ms. Roberts mentioned that she would include Process Mapping in the course outline. Council agreed by consensus on a Performance Management Class for City Council, Department Heads and First Line Supervisors with the University of Central Florida, 8. Motion to Approve: State of the City Report. Ms. Roberts recommended a State of the City Report provided by either the Mayor and/ or City Manager in January of 2009. This would also assist with the City web site in identifying what the City intended to do throughout the year. Discussion concluded on a 10-15 minutes Presentation from Mayor Randels. Council agreed by consensus that Mayor Randels would provide a State of the City Report at the January 20th City Council Meeting. DISCUSSION: 9. Purchase of the Fire Department Property Located at 190 Jackson Avenue. Mr. Boucher stated that utility relocations, since FPL bi-sects the site with it power lines, were the largest impediment at an estimated cost of $55,000. Improvements came to an estimated cost $2,906,000. Mr. Boucher stated that $3.7 million as the approximated cost for the land and building renovations when City Council set the millage in September of 2008. Mr. Boucher recommended that the Council not exceed that amount. Ms. Walsh inquired about the origin of the $750,000 figure. Mayor Randels explained how that estimate was part of the 2007 190 Jackson Avenue Property Appraisal. Mr. Petsos stated his concern of building a Fire Station on property not owned by the City. Ms. Walsh asked if Staff had researched the tax value. She informed that tax value was probably in the range of $300,000. Mr. Boucher informed that the acreage was not the standard one acre needed to build a fire station. Mr. Petsos replied that there were no other one -acre sites in the City and the existing site was a prime location. Ms. Walsh suggested returning to the Fire Depart Ment for fur<her negotiations. Mr. Boucher informed that a Mr. Pierre purchased the property to the south of the Fire station and he was willing to work with the Fire Department Corporation and the City for a land exchange or land exchange plus cash. Mayor Randels clarified that the proposed property in question were the four lots on Jackson and Harrison Avenues. City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 14 of 15 A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Extend the Meeting Until 10:15 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. Mayor Pro Tem Hoog stated that the first step in this process would be a discussion between Mr. Pierre and Fire Chief Dave Sargeant and Staff. Mr. Boucher clarified that if there was no resolution from this discussion then City Council's discussion would return to purchasing the site. Ms. Roberts brought out two additional options: 1) pursuing grant funds for the purchase, and 2) seeking this as a green building initiative project. Mr. Petsos reminded that the Ad Valorem taxes for Fire Services begins in January and the Council should move make an effort to move forward. Ms. Walsh requested background information related to the Statutes or laws on why the City needs a new Fire station. Mayor Pro Tem Hoog recommended that Ms. Walsh also speak to Chief Sargeant. 10. Interlocal Agreement with Brevard County for N. Atlantic Avenue & Central Blvd. Mr. Boucher informed that Brad Smith of Brad Smith and Associates planned to address the City Council on December 16th. He stated how the City assuming ownership of the roads played a major role in its authority on the North Atlantic Avenue project. Mayor Pro Tem Hoog requested a cost per foot on the project by today's standards. Ms. Walsh asked if increased traffic was discussed based on the anticipated Convention Center in the Port. Mr. Boucher replied that Mr. Smith would address these questions when he meets with the Council. Ms. Walsh expressed her concern that the Cape Canaveral residents pay taxes to the County; however, the County was not willing to make infrastructure repairs prior to assuming the road. Mr. Petsos stated how he has frequently brought up that similar concern. Mayor Randels stated the consensus that any decision on this item would be made based on hearing from Mr. Smith's project and cost analysis. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Extend the Meeting 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. 11. Ocean Woods Storm Water System. Mr. Richard Worley of Ocean Woods addressed the City Council saying now he served on the Ocean Woods budget committee for many years. He provided a background of the community concluding with how the Homeowners Association pays for the common areas and the swimming pool. Mr. Worley stated that the corrugated metal pipe was rusting and deteriorating. He stated that he distributed documents in which the City City of Cape Canaveral, Florida City Council Regular Meeting Agenda December 2, 2008 Page 15 of 15 approved the change from concrete to metal pipes. Mayor Randels clarified that the developer chose to use metal instead of concrete. Mr. Worley emphasized that the City approved the change from concrete to metal pipe. Mr. Worley informed that the concrete pipe which was installed on Honeysuckle Way was in good repair; however, the corrugated metal pipe on Oleander Way now has a sinkhole. Mr. Bandish clarified that the corrugated metal pipe was probably a standard for piping at that time. Mr. Worley stated that each homeowner pays a stormwater fee and he was asking for financial help from the City. He acknowledged other Ocean Woods Board members in the audience. Attorney Garganese stated that it was impermissible for the City to use municipal dollars for private subdivisions. Mayor Randels clarified that the stormwater fee was used to take the water away from the property boundary. Mr. Richard Emerson addressed the Council and expressed his understanding that the residents in Ocean Woods did not receive the same benefit as residents whose pipes are closer to their residence. Mayor Randels clarified that due to the absence of public access the infrastructure was the responsibility of the resident. Mr. Boucher explained that Ocean Woods had no on-site retention and therefore was not able to obtain any mitigation credits. In conclusion, Mr. Boucher replied that he sought grant funding to assist Ocean Woods; however, Federal Emergency Management Agency declined their application and the Ocean Woods Association declined a Small Business Association loan. ADJOURNMENT: There being no further= business, the Chair adjourned the meeting at 10:40 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 12-16-08 AGENDA Heading Consent Item 2 No. Resolution No. 2008-37 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-37 APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-37, appointing Judi Cameron as a regular member of the Community Appearance Board. Summary Explanation & Background: Term will expire 05-01-2011. Exhibits Attached: Resolution No. 2008-37 City Manal',s Office Department LEGISLATIVE ,'' _ r • 1 -- -' 0'1� • •- �, WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-37 created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint member to said Board. NOW, THEREFORE, BE IT RESOLVE® by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Judi Cameron is hereby appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2011. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney Meeting Type: Regular Meeting Date: 12-16-08 AGENDA Heading Considerations Item 3 No. Notice of Compliance was issued by the Code Enforcement Officer on 12-02-2008. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REQUEST FOR SATISFACTION/RELEASE OF CODE ENFORCEMENT LIEN, 116-118 TYLER AVENUE DEPT/DIVISION: COMMUNITY DEVELOMENT/CODE ENFORCEMENT Requested Action: City Council consider the request for Satisfaction/Release of Code Enforcement Lien in the amount of $221,450 for the property located at 116-118 Tyler Avenue as requested by the owner, Wells Fargo Bank. Summary Explanation & Background: The Code Enforcement Board imposing penalties for numerous property maintenance violations on 01-19- 2006. Notice of Compliance was issued by the Code Enforcement Officer on 12-02-2008. The bank is willing to reimburse the City for staff costs ($920) and legal expenses ($3,500) totaling $4,420. Please advise. Exhibits Attached: Background Documents City Manager's -Office , - Department COMMUNITY N,. DEVELOPMENT/CODE ENFORCEMENT caim myd is\admin uncal\meet-lng\2008\12-16-08\tyler.doc CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACUON OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE #: 05-001130& 06-00097 APPLICATION FEE: S 1 Q Q, Q 0 APPLICANT: WELL FARGO DATE; 07/14/2008 ADDRESS: 6501 IRVINE CENTER DR CITY: IRVINE STATE: CA ZIP: 92 618 NATURE OF VIOLATION(S): LAWN / CONDITION OF PROPERTY / PEST CONTRO. ADDRESS OF SUBJECT PROPERTY: 116 - 118 TYLER AV. CAPE CANAVERAL, FL 32920 DATE FINE/LIEN IMPOSED: AMOUNT, (DAY OR TOTAL COMPLIANCE DATE: MAY OF 2008 RELIEF REQUESTED: SATISFACTION / REDUCTION (Circle ane) IF REDUCTION, THE APPLICANT PROPOSES$ AS THE AMOUNT OF THE REDUCED FINE, THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) THIS PROPERTY WAS FORECLOSED ON AND ALL LIENS WERE AGAINST PREVIOUS OWNER, MR. BRADLEY C. CLARK. WE. FEEL THAT WE BROUGHT THE PROPERTY INTO THE BASIC COMPLIANCE TO BE SOLD TO A NEW OWNER. WE DO HAVE OFFERS ON THIS PROPERTY AT THIS TIME AND PROPERTY WILL BE CONVE -- TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more Space is needed add additional pages) DEED WILL BE CONVEYED TO A NEW OWNER AS SOON AS CONTRACT IS ACCEPTED. (WE DO HAVE SE'JERAL OFFERS) -- - __REOUEST THAT THE FINES BE ONLY COST OF FILING THE LIENS AND ALL OTHER BE REMOVED. THE REASONS, IF ANY, WHY THE APPLICANT DID NOT .BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IIviPQS��II}} RRE�CORDED: UNAWARE OF LIENS AS PROPERTY WAS IN FOREC�SURE . i inflre Split is needed add additional p3f�`;OUR AGENT TOOK THE NEEDED STEPS TO GET PROPERTY IN COMPLIANCE TO BE SOLD AS SOON AS i� ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, TEE CIRCUMSTANCES THAT EXIST WHICH Wt- ii J WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) EVERYTHING WAS DONE BY THE PRESENT TITLE HOLDER TO SELL THIS PROPERTY TO ANOTHER PERSON SO THAT A RELIABLE OWNER COULD BE BROUGHT INTO YOUR CITY. WE FEEL ED OUR TENTIONS OF BEING GOOD OWNERS IN OUR BRIEF TIME OF OWNERSHIP. Date. Appli .t's Signatuc �� STATE OF COUNTY BEFORE W the undersigned authority didpeTsonally appear Ca -t C,. 45.bortj ,,�7t 42,1� S "� . who provided -±::: —0- Z _ as identification, and who after being place under oath, swore or affirmed the info mad an contained within this application is true and correct_rTned �9 Asp a RIF ARD' - JOY LOM' C -el ISSION DD '186084 S- August 3, 2007 Bended Thm Notary PublicUndermhers MY OMM Z�Y� !OMONARD'l "s MY COMMISSION # DD 486084 Notary Public _EXPIRES: August 2007 - dd Th, FOR STAFF USE ONLY APPLICATION FEE. $ RECEIVED BY CITY ON -71 � -2 fc, COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMAMNDATION ATTACHED: YES ACTION OF CITY COUNCIL. _ APPROVE; DENY, — APPROVE WITH FOLLOWING CONDITIONS= DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MIET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT- ON OR BEFORE =n K FV 1� Bradley C. Clarke or Owner of Record 116/118 Tyler Avenue Cape Canaveral, FI 32920 City of Cape Canaveral )F COMPLIANCE CODE ENFORCEMENT CASE #: 2006-00097 LOCATION OF VIOLATION: 116/118 Tyler Avenue, Cape Canaveral, PROPERTY PARCEL #: 24 3723CG 36 13 Respondent(s): Bradley C. Clarke, or Owner of Record A site visit to your property located at 116/118 Tyler Avenue, revealed that the property was brought into compliance on November 26, 2008, by meeting the requirements of the Notice of Violation. 34-122 (a) PUBLIC NUISANCES PROHIBITED: All grass areas and yards on improved property shall be properly maintained in a neat and attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height. Sec. 34-98, (4); Building Appearance and Maintenance; (4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. Sec. 34-97. Duties and responsibilities for maintenance. (6) Source of infestation. Your cooperation in this matter was greatly appreciated. If you have any questions please call Code Enforcement in the Building Department at. (321)868-1222. PS�erely, �Z�a_ Duree Alexander Code Enforcement Officer C: Diana Johnson, Trafford Realty 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, V. Bradley C. Clarke Owner of the Property located at: 116/118 Tyler Avenue Cape Canaveral, FL 32920 LEGAL: Avon By The Sea Lot 13, Block 36, Plat Book 0003, Page 0007 Respondent, Case #05-00113 Case #06-00097 CFN 2006316164, OR BK 5714 Page 9852, Recorded 11/0112006 at 08:17 AM, Scott Ellis, Clerk Of Courts, Brevard County # Pgs:3 AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION(S) (Amended As To Increased Fine & Additional Violation of Section 302.5 IPMC) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on January 19, 2006 and October 19, 2006, to determine whether any violation(s) of the City of Cape Canaveral Code of Ordinances exist(s) or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation or violations of Section 34-122 Public Nuisances Prohibited, and Section 34-98(b) Building Appearance and Maintenance; and Section 302.5, International Property Maintenance Code — Rodent Harborage, of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided a reasonable time to correct said violations; 2. The Respondent either failed or refused to correct such violations within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of the hearing before the Code Enforcement Board and was not present at the hearings; 3. Respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: 105 Polk Avenue + Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 m SIJNCOM: 982-1222 ® FAX: (321) 868-1247 www.myflorida.com/cape 0 email: ccapecanaveral@cfl.rr.com Case #05-00113 Case #06-00097 the property shall be maintained, repaired, painted, and kept free of dead vegetation, trash and debris, and rodents, pursuant to Section 162.07, Florida Statutes, and City of Cape Canaveral Code Chapter 2, Article VI; 4. That Respondent was given until January 20, 2006 to correct said violations on the Property and that said violations continue to exist within the.City of Cape Canaveral and that such constitute violations of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. The January 19, 2006 order of the Code Enforcement board is hereby amended by this Amended Order. Any fines imposed herein shall be in addition to those that have already accrued by virtue of the January 19, 2006 order. 2. Effective October 20, 2006, Respondent shall be fined two hundred fifty dollars ($250.00) per day until the violations are corrected and the Property is in full compliance and such compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible for providing notice of such violations being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; and 3. The Clerk of the Code Enforcement Board shall record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beq_ inning_ on the first day the repeat violation(s) is/are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on the Respondent(s) property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. -DONE AND -ORDERED at Cape CanaveI, Florida, this 23rd day of October, 2006. Walter Godfrey, Copies furnished to: Bradley C. Clarke, Property Owner City of Cape Canaveral, Case File Case #05-00113 Case #06-00097 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized counsel on this 2: day of 01 -ro- 6.e/— , 2006. Joy L bardi, Board Secretary Duree Alexander, Code Enforcement Officer CODE ENFORCEMENT LIEN PAYOFF FOR 116/118 TYLER AVENUE CAPE CANAVERAL AMOUNT DAYS DATE TOTAL $250.00 1 1/20/06 $ 250.00 $100.00 11 1/06 $1,100.00 $100.00 28 2/06 $2,800.00 $100.00 31 3/06 $3,100.00 $100.00 30 4/06 $3,000.00 $100.00 31 5/06 $3,100.00 $100.00 30 6/06 $3,000.00 $100.00 31 7/06 $3,100.00 $100.00 31 8/06 $3,100.00 $100:00 30 9/06 $3,000.00 $100.00 19 10/06 $1,900.00 $250.00 12 10/06 $3,000.00 $250.00 30 11/06 $7,500.00 $250.00 31 12/06 $7,750.00 $250.00 31 1/07 $7,750.00 $250.00 28 2/07 $7,000.00 $250.00 31 3/07 $7,750.00 $250.00 30 4/07 $7,500.00 $250.00 31 5/07 $7,750.00 $250.00 30 6/07 $7,750.00 $250.00 31 7/07 $7,750.00 $250.00 31 8/07 $7,750.00 $250.00 30 9/07 $7.500.00 $250,00 31 10/07 $7,750.00 $250.00 30 11 /07 $ 7,500.00 $250.00 31 12/07 $7,750.00 $250.00 31 1/08 $7,750.00 $250.00 29 2/08 $7,250.00 $250.00 31 3/08 $7,750.00 $250.00 30 4/08 $7,500.00 $250.00 31 5/08 $7,750.00 $250.00 30 6/08 $7,500.00 CODE ENFORCEMENT LIEN PAYOFF FOR 116/118 TYLER AVENUE CAPE CANAVERAL CONTINUED AMOUNT DAYS DATE TOTAL $250.00 31 7/08 $7,750.00 $250.00 31 8/08 $7,750.00 $250.00 30 9/08 $7,500.00 $250.00 31 10/08 $7,750.00 $250.00 30 11/08 $7,500.00 $250.00 2 12/08 $ 500.00 TOTAL $221,450.00 116 & 118 Tyler Avenue Approximate Administrative Costs Incurred Bradley C. Clark - Case# 05-113 & 06-097 10/18/05 Initial site visit (Alexander), 2hrs $60.00 10/19/05 Research (Alexander), Notice of Violation 1hr 30.00 j 10/21/05 Staff Time (Alexander), %2 hr w/com lainant 15.00 11/03/05 Post Property, (Alexander) 1 hr 30.00 11/04/05 Staff Time (Alexander), %2 hr w/complainant 15.00 11/21/05 Site Visit (Alexander), 1/2hr 15.00 12/14/05 Site Visit (Alexander), 1/2hr 15.00 01/09/06 Site Visit (Alexander), 1/2 hr 15.00 01/10/06 Order to Appear- Post Property (Alexander) Ihr 30.00 01/19/06 Code Board Hearing (Alexander, Lombardi) 1 hr each 50.00 01/25/06 Posted Property (Alexander) 1 hr 30.00 01/25/06 Staff Time Lombardi, Susan Stills) /2 hr each 35.00 05/26/06 Site Visit/ telephone complaint (Alexander), Ihr 30.00 09/12/06 Ree. Compliant/ Site Visit (Alexander), lhr 30.00 09/25/06 Notice of Violation -Repeat (Alexander), Ihr 30.00 10/02/06 Staff Time (Alexander) 1 h w/complainant 30.00 10/17/06 Site Visit (Alexander), 1/2 hr 15.00 10/19/06 Code Board Hearing (Alexander, Lombardi) 1hr each 50.00 10/23/06 Staff Time (Lombardi) i/2 hr 10.00 10/27/06 Staff Time (Susan Stills) %2 hr 25.00 11/27/06 Staff Time (Alexander), Post Property 1/2 hr 15.00 03/30/07 Site Visit (Alexander), 1/2 hr 15.00 07/20/07 Staff Time Correspondence (Alexander) %2 hr 15.00 08/03/07 Staff Time - Records Request (Alexander) 1.5hr 45.00 08/24/07 Site Visit (Alexander) %2 hr 15.00 08/28/07 Staff Time - Lien Info. Request (Morley) 1 hr 50.00 05/12/08 Staff Time - Info. Request Title Co. (Alexander)1/2 15.00 05/15/08 Staff Time - Meeting Carl Asbury (Alexander) 1.5 hr 45.00 06/02/08 Staff Time - Telephone Carl Asbury (Alexander) %2 hr 15.00 06/11/08 Staff Time - Meeting Carl Asbury (Alexander) 1 hr 30.00 06/11/08 Site Visit - (Alexander) %2 hr 15.00 11/07/08 Staff Tinier Telephone Allen Schwarzfeld (Alexander)1/2 hr 15.00 11/13/08 Site Visit (Richart) 1/2 hr 15.00 11/17/08 Staff Time Telephone Diana Johnson (Alexander)1/2 hr 15.00 Mailing Fees 40.00 Total $ 920.00 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR BREVARD COUNTY CASE NO. 05-2007-CA-20397-XX7:X-XX WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC ASSET-BACKED CERTIFICATES, SERIES 2005-HE1, Plaintiff, vs. CERTIFICATE OF TITLE BRADLEY C CLARKE et. al. Defendants. The undersigned Clerk of the Court, certifies that he or she executed and filed a certificate of sale in this action on 1 G 2008, for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. The following property in Brevard County, Florida: LOT 13, BLOCK 36, AVON BY THE SEA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. a/k/a 116 TYLER AVE, CAPE CANAVERAL, FL 32920 WITNESS my hand and the seal -,of the court this ✓ day of ,2008. SCOTT ELLIS A_Clerk of the Court A Der)utv Glerk ........... I ........... I ................................... ............. ... I ........... ................ (Notice to the Clerk: In the event the property is sold to the Plaintiff, Plaintiffs address of FIDELITY NATIONAL OPTION ONE MORTGAGE CORPORATION, 1270 NORTHLAND DRIVE, SUITE 200, MENDOTA HEIGHTS, MN 55120 should be included on this Certificate of Tide. The Certificate should be mailed to Plaintiffs attorney but Plaintiffs attorney's address should not be used as the purchaser's address.) Our file 23-002 1 dbk N:\docs\fcI\MSJSPKG. DOC 0014864318 WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC ASSET-BACKED CERTIFICATES, SERIES 2005-HE1, Plaintiff, vs. BRADLEY C CLARKE et. al. Defendants. IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR BREVARD COUNTY CASE NO. 05 -2007 -CA -20397 -?LXXX -XX CERTIFICATE OFDISBURSEMENT The undersigned clerk of the court certifies that he or she disbursed the proceeds received from the sale of the property as provided in the order or final judgment to the persons and in the amounts as follows: Name Amount Clerks Sale Fee $60.00 Total disbursements S Surplus retained by Clerk, if any $ -� 1 IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE, IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS. WITNESS my hand and Our file 23502 1 dbk N:\docs\fcl\MSJSPKG.DOC 0014664316 of the Court this ,`1 day of��4� 2008. _SCOTT ELLIS �As Clerk of the Court .By: t, tL��t iAs Deputy Clerk rr y�t Us Scott Ellis, Clerk of Court 700 South Park Avenue, Bldg. B P.O. Box 2767 Titusville, FL 32761-2767 (321) 637-2006 DBLIVE Transaction #:203970 Receipt #: 60200421 Cashier Date: 04/28/2008 1:03:2 PM Page 1 of I l llllll lull 11111111111111111111 llll 1111 Print Date: 04/28/2008 1:03:52 PM Customer Information Transaction Information Payment Summary E_ JUDGMENT _REAL PROPERTY DateReceived: 04/24/2008 Recording a 1st=$10 Add'l=$8.50 ea. Source Code: Parkway 2 (� BROWN,GARGANESE,W-EISS & Q Code: Parkway Mail (U.S. Total Fees $23.00 D'AGRESTA Return Code:Postal Total Payments $22.00 PO BOX 2873 ORLANDO, FL 32802 Service) Shortage S1.00 1 Trans Type: Recording $1.50 RERECORDED CERTIFIED COPY FEE Agent Ref 2 Num: 1 Payments $22.00 CHECK 25211 1 Recorded Items E_ JUDGMENT _REAL PROPERTY BKIPG:586011690 CFR':2008080451 Date. -0412812008 1: 03:51 PM Froin: To: Recording a 1st=$10 Add'l=$8.50 ea. 2 $18.50 Indexing @ I st 4 Names Free, Addt'l=$1 ea. 5 $1.00 CERTIFY COPY @ $1.50 ea_ 1 $1.50 RERECORDED CERTIFIED COPY FEE 2 $2.00 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 04/28/2008 CFN 2008074345, OR BK 5858 Page 4552, Recorded 04/17/2008 at 01:01 PM, Scott Ellis: Clerk of Courts, Brevard County E IN THE CIRCUIT COURT OF THE 18TH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR BREVARD COUNTY Case No. 05-2007-CA-20397-XXXX-XX WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC ASSET-BACKED CERTIFICATES, Series, 2005 -HEI, Plaintiff, vs. BRADLEY C. CLARKS, IF LIVING, AND IF DEAD, THE UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST BRADLEY C. CLARKE; UNKNOWN SPOUSE OF BRADLEY C. CLARKE, UNKNOWN TENANT #I; CITY OF CAPE CANAVERAL; AVON BY THE SEA RESIDENTS" ASSOCIATION, INC; tNKNOWN TENANT#2, Defendants. SUMMARY FINAL JUDGMENT OF FORECLOSURE OF LIEN e -recording 0015 L.., 00 Y Q cc of '�5 �, Oo� �U O� C ` 0 CO v > 0oW CO ° n z LL a o UCrU THIS CAUSE coming on for consideration of the Cross -Plaintiff's, City of Cape Canaveral, Motion for Summary Final Judgment of Foreclosure of Lien together with supporting affidavits filed by the Cross -Plaintiff; no Counter affidavit having been Tiled by the defendant, and there does not appear to be any genuine issue of material fact in need of determination; the Court having considered the argument of counsel and the evidence on file, is of the opinion that the Cross -Plaintiff is entitled to a Summary Judgment as to the foreclosure action as alleged in the Cross Claim and that in \ consideradon of above it is th ar nnn 2 ; �4t� r-�-UDS) m I Cc r ` Page - I - Case # C5-200 i •CA -02039 r-XXXX-XX b ` t ,,JJ Docuent Pa e # 35 � . � , 011969491 tr - 0 .-1 OR BK 5858 PG 4553 0, ORDERED and ADJUDGED as follows: That the Cross -Plaintiff's, City of Cape Canaveral, Motion for Summary Final Judgment of Foreclosure of Lien heard on January 28, 2008 is hereby GRANTED. 2. There is now due Cross -Plaintiff the following: Lien and Penalty $102,450.00 (as of 8/07) Attorneys' Fees and costs $1,633.50 "Total S 104.083.50 3. The Court finds that the City's lien is second priority to that of Wells Fargo Bank, N.A. The Clerk shall distribute fonds remaining, after the lien held by Wells Fargo Bank, N.A., has been satisfied according to this Court's order of February 25, 2008, to the City of Cape Canaveral, until the City's lien has been satisfied. Jurisdiction of this cause is retained to enter such further orders as are proper. DONE and ORDERED at Viera, Florida, Brevard Couis day of 2008. Judge George Tume Copies furnished to: -Perri E. Oster, Esquire Brown, Garganese, Weiss & D' Agresta, P.A. Two Landmark Center 225 l=ast Robinson St. Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 Sarah Barbaccia Ben -Ezra & Katz, P.A. 2901 Stirling Road, Suite 300 Fort Lauderdale, Florida 33312 Page -2- V; _ V. 1 ` ''.. Ess U � !/r��a APR 2 % 08 20 DstPa Bv. — . Meeting Type: Regular Meeting Date: 121608 AGENDA Heading Considerations Item 4 No. This request requires a Special Exception as well as an amendment to the Binding Development Agreement. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND AMBASSADOR SERVICES, INC. AND CANAVERAL BULK TERMINAL, INC. DEPT/DIVISION: COMMUNITY DEVELOPMENT DEPARTMENT Requested Action: Approve an Amendment to the Binding Development Agreement between the City of Cape Canaveral, FL and Ambassador Services, Inc. and Canaveral Bulk Terminal, Inc. Summary Explanation & Background: Randall May of Port Canaveral Terminal Services, LLC requested an amendment to the Binding Development Agreement to allow for aggregate to be stored east of the southerly extension of Marlin Street. This request requires a Special Exception as well as an amendment to the Binding Development Agreement. The request for a Special Exception was heard by the Planning and Zoning Board on November 12, 2008 and the Board recommended approval. The Board of Adjustment heard the request on December 3, 2008 and the Board approved the Special Exception to store aggregate east of the southerly extension of Marlin St. The third step in this process is for the City Council to approve an amendment to the actual Binding Development Agreement. Exhibits Attached: Amendment to the Binding Development Agreement Original Binding Development Agreement taff Report Site Plan P&Z Board Minutes BOA Order City Manager's Office Department Community Development Department Prepared by and Return to: Katherine W. Latorre, Esq. Cape Canaveral Assistant City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 (407)425-9566 Parcel ID Nos.: 24-37-15-00-00002.0-0000.00 24-37-15-00-00031.0-0000.00 AMENDMENT TO BINDING DEVELOPMENT AGREEMENT This AMENDMENT TO BINDING DEVELOPMENT AGREEMENT ("Amendment"), is made and entered into this day of , 2008 by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and AMBASSADOR SERVICES INC., a Florida corporation, whose principal address is 245 Challenger Road, Cape Canaveral, Florida 32920 and CANAVERAL BULK TERMINAL, INC., a Florida corporation, whose principal address is 20125 State Road 80 Loxahatchee, Florida 33470, (collectively referred to as "Owner"). WITNESSETH: WHEREAS, the City and Owner entered into a Binding Development Agreement on March 30, 2006 ("Agreement"), recorded in the Brevard County Official Record Book 5643, Page 6676, providing for specific on-site and off-site regulations related to Owner's transportation of aggregates; and WHEREAS, the Agreement prohibits Owner from storing aggregate east of the Marlin Street extension; and WHEREAS, Owner's operationhas experienced tremendous growth and Ownernow desires to store aggregate east of the Marlin Street extension; and WHEREAS, on December 3, 2008, the Cape Canaveral Board of Adjustment granted Owner's request for special exception to expand Owner's aggregate storage capacity east of the Marlin Street extension with the condition that the bottom of aggregate piles be located no closer than 35 feet from the eastern boundary of the subject property; and WHEREAS, City and Owner desire to amend the Agreement so as to allow the storage of aggregate east of the Marlin Street extension; and NOW THEREFORE, in consideration of the mutual covenants and conditions contained AMENDMENT TO BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. 1 of 4 herein, the sufficiency of which are acknowledged by the parties, the parties agree to amend the Agreement as follows: Section 1. Recitals. The foregoing recitals are hereby deemed to be true and correct and are fully incorporated herein by this reference. Section 2. Amendment to Agreement. Section 6(e) of the Agreement, related to Storage of Aggregate, is hereby deleted in its entirety and replaced by the following provision: "(e) Storage Aggregate. Owner may store aggregate on the subject property both east and west of the Marlin Street extension. Any aggregate storage east of the Marlin Street extension shall be maintained so that there exists a buffer of at least 35 feet between the bottom of the aggregate pile and the eastern boundary of the subject property." Section 3. Remaining Terms & Conditions. All other terms and conditions of the Agreement not expressly modified herein shall remain in full force and effect. Section 4. Recordation. Upon approval and full execution of this Amendment by all parties hereto, the City Clerk shall record this Amendment in the Public Records of Brevard County, Florida. Section 5. Effective Date. This Amendment shall become effective immediately upon execution by all parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first above written. CITY OF CAPE CANAVERAL: Rocky Randels, Mayor ATTEST: Susan Stills, City Clerk Approved as to legal form and sufficiency: ANTHONY A. GARGANESE, City Attorney AMENDMENT TO BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. 2 of 4 AMBASSADOR SERVICES INC.: By: Title: Print Name: WITNESSES: Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF The foregoing instrument was acknowledged before me this day of , 2008, by as ofAmbassador Services Inc., a Florida corporation, [ ] who is personally known to me or [ ] produced as identification. Notary Public — State of Florida Print Name My Commission Expires AMENDMENT TO BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. 3 of 4 CANAVERAL BULK TERMINAL, INC.: By: Title: Print Name: WITNESSES: Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF ) T`he foregoing instnament was acknowledged before me this day, of , 2008, by as of Canaveral Bulk Terminal, Inc., a Florida corporation, [ ] who is personally known to me or [ ] produced as identification. Notary Public — State of Florida Print Name My Commission Expires AMENDMENT TO BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. 4 of 4 Prepared by and Return to: Katherine W. Latorre, Esq. City of Cape Canaveral Assistant City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 (407) 425-9566 Parcel ID Nos.: 24-37-15-00-00028 24-37-15-00-00029 24-37-15-00-00002' 24-37-15-00-00035 24-37-15-00-00031 24-37-15-00-00003 BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, is made and executed this day of M AA/tcW ,,2006, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City"), and AMBASSADOR SERVICES INC., a Florida corporation, whose mailing address is P.O. Box 654, 245 Challenger Road, Cape Canaveral, Florida 32920 and CANAVERAL BULK TERMINAL, INC., a Florida corporation, whose mailing address is 20125 State Road 80 Loxahatchee, Florida 33470, (hereinafter collectively referred to as "Owner"), WITNESSETH: 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, Owner is the property owner of record of several parcels of land ("the Subject Property") located within the City of Cape Canaveral and more particularly described herein; and WHEREAS, Owner desires to design, permit, and construct on the Subject Property a bulk terminal conveyor belt system ("Conveyor System") for the purpose of transporting aggregates from the Port of Canaveral to the Subject Property, subject to the City Council's review and approval of a site plan depicting same; and WHEREAS, given the unique character of Owner's Conveyor System and its location adjacent to residential development, the City and Owner desire to address specific on-site and off- site concerns in this Binding Development Agreement; and BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral [Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page i of 12 WHEREAS, the City of Cape Canaveral Board of Adjustment granted Special Exception 00-06 on December 11, 2000 to allow for outside storage of aggregates on Lot 2, Section 15, Township 24 South, Range 37 East (Parcel I.D. # 24-37-15-00-00003), currently owned by Canaveral Bulk Terminal, Inc.; and WHEREAS, the Board of Adjustment granted Special Exception 02-04 on June 24, 2002, expressly terminating Special Exception 00-06 and allowing for the storage of aggregates on portions_ of_Parcels 2, 3, and 6, Section 15, Township 24 South, Range 37 East (Parcel I.D. # 24-37-15-00- 00003), currently owned by Canaveral Bulk Terminal, Inc.; and WHEREAS, the Board of Adjustment granted Special Exception 02-03 on June 24, 2002 to allow for outside storage of aggregates on Parcel 8, Section 15, Township 24 South, Range 37 East (Parcel I.D. # 24-37-15-00-00031), currently owned by Canaveral Bulk Terminal Inc.; and WHEREAS, the Board of Adjustment granted Special Exception 02-05 on June 24, 2002 to allow outside storage of vehicles, containers, military cargo and stevedoring gear on a portion of Parcel 3, Section 15, Township 24 South, Range 37 East (Parcel I.D. # 24-37-15-00-00003), currently owned by Canaveral Bulk Terminal, Inc.; and WHEREAS, Special Exceptions 02-03 and 02-04 included, as a condition of approval, a limitation on the hours of operation on the Subject Property to between the hours of 7:00 AM and 7:00 PM, with the exception of the operation of the Conveyor System; and WHEREAS, Owner acknowledges that it has subdivided certain parcels of the Subject Property in violation of the requirements of Chapter 98, City of Cape Canaveral City Code; and WHEREAS, given that Owner desires the utilize all of the parcels of land making up the Subject Property for one Conveyor System, Owner agrees to remedy the improper subdivisions by ,unifying title to all the parcels of the Subject Property as one for development purposes; and WHEREAS, Owner agrees to design, permit and construct a sight and sound barrier between the Subject Property and adjacent residential development; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this Binding Development Agreement to effectuate the development of Owner's Conveyor System subject to the terms and conditions agreed to hereunder; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral/Ambassador Services Inc, & Canaveral Bulk Terminal, Inc. Page 2 of 12 Section 2. Authority. This Agreement is entered into pursuant to the City's home rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers Act. Section 3. Definitions. The following words and phrases contained in this Agreement shall have the meaning set forth in this section unless the context clearly indicates otherwise: Agreement shall mean this Binding Development Agreement entered into between the City of Cape Canaveral, Florida, and Ambassador Services, Inc. and Canaveral Bulk Terminal, Inc. City shall mean the City of Cape Canaveral, Florida, a Florida municipal corporation. City Code shall mean the Code of Ordinances of the City of Cape Canaveral, Florida. City Council shall mean the City Council of the City of Cape Canaveral, Florida. City Manager shall mean the City Manager of the City of Cape Canaveral, Florida, or the City's Manager's designee. Conveyor System shall mean that bulk terminal conveyor belt system structure depicted in Owner's site plan, as approved by the City Council and maintained on file at Cape Canaveral City Hall, which acts to transport aggregates from the Port of Canaveral. to the Subject Property. Owner shall mean Ambassador Services Inc., a Florida corporation, and Canaveral Bulk Terminal, Inc., a Florida corporation. Subject Property shall mean that real property described in Section 4 of this Binding Development Agreement and more particularly depicted and legally described in Composite Exhibit "A" and Composite Exhibit "B," attached hereto and fully incorporated herein. Section 4. The Subject Property. The Conveyor System subject to the terms of this Agreement is located on and across several different parcels of land located within the boundaries of the City. Ambassador Services Inc. is the owner of four (4) parcels and Canaveral Bulk Terminal, Inc. is the owner of two (2) parcels of the land which makes up the Subject Property. All six (6) parcels of land combined make up the Subject Property. Ownership of the Subject Property is as follows: (a) Ambassador Services Inc. The following parcels of land are owned by Ambassador Services, Inc. and are more particularly depicted and legally described in Composite Exhibit "A," attached hereto and fully incorporated herein by this reference: Parcel Tax I.D. 4 24-37-15-00-00028 Parcel Tax I.D. ## 24-37-15-00-00029 BINDING DEVELOPMENT AGREEMENT City of Gape Canaveral /'Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page 3 of 12 Parcel Tax I.D. # 24-37-15-00-00002 Parcel Tax I.D. # 24-37-15-00-00035 (b) Canaveral Bulk Terminal Inc. The following parcels of land are owned by Canaveral Bulk Terminal, Inc. and are more particularly depicted and legally described in Composite Exhibit "B," attached hereto and incorporated herein by this reference: Parcel Tax I.D. # 24-37-15-00-00031 Parcel Tax I.D. # 24-37-15-00-00003 Section 5. Unification of Title for Subiect Property. Owner acknowledges that it unilaterally subdivided the parcels of land included in the Subject Property without following the City's procedures for subdivision of land set forth in Chapter 98 of the City Code. To remedy the illegal subdivision(s) of the Subject Property, and because Owner intends to utilize each of these contiguous parcels of land for the construction of its Conveyor System, Owner agrees to the following: (a) Each parcel of land included in the Subject Property shall be unified in ownership and title for development purposes under the City's land development regulations upon recording of this Agreement. (b) Owner agrees not to sell, convey, or assign any interest in the parcels of land included in the Subject Property which would cause loss of unity of ownership or title, without first obtaining the written consent of the City. (c) Owner agrees that the unification of title shall be binding upon the heirs, personal representative, successors and assigns of Owner and shall run with the land. Section 6. Obligations and Commitments. The City and Owner hereby agree as follows: (a) Conveyor System, The City agrees that Owner shall have the right to design, permit and construct a bulk terminal conveyor belt system on the Subject Property for the purpose of transporting aggregates from. the Port of Canaveral to the Subject Property. Owner shall be subject to all design, permitting and construction requirements set forth by the City Code. (b) Site Plan. Owner shall submit a site plan for its Conveyor System to the City Council and obtain the City Council's approval of the site plan. Upon approval of the site plan, the final approved site plan shall be considered for all intent and purposes to be part of this Agreement by this reference. BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral CAmbassador Services Inc. & Canaveral Bulk Terminal, Inc. Page 4 of 12 (c) Occupational License, Owner represents and warrants that it has the appropriate occupational license for the operation of its Conveyor System and agrees to maintain such occupational license in good standing with the City for the duration of its operation, The City agrees that Owner's occupational license shall apply to the operation of its Conveyor System on all parcels of land making up the Subject Property. (d) Florida Department of Environmental Protection Permits. Owner represents and warrants that it has obtained the requisite permits from the Florida Department of Environmental Protection ("DEP") required for DEP to monitor any wastewater and/or stormwater flow into the Banana River. Such permits shall be maintained in good standing for the duration of operations of the Conveyor System. (e) Storage of Ag regate Owner shall store all aggregate on the subject property west of the Marlin Street extension. No aggregate storage shall be allowed east of the Marlin Street extension, (f) Sprinkler System Operation. Owner shall operate its sprinkler system as often as is necessary in order to prevent excessive dust from emanating off of the piles of aggregates stored on the Subject Property. Owner acknowledges that the operation of its sprinkler system is regulated by the St. John's River Water Management District and that pursuant to Florida Administrative Code Rule 40C-2.042(7), such operation is governed by a general consumptive use permit by rule as long as Owner's consumptive uses of water do not meet or exceed any permitting threshold under subsection 40C-2.041(1). Owner agrees that should its consumptive use of water on the Subject Property at any time meet or exceed any permitting threshold under subsection 40C-2.041(1), that it shall obtain the proper permit from the St. John's River Water Management District at that time. (g) Noise and Air Quality Control. The City reserves the right to monitor and regulate the noise and air quality (including, but not limited to, dust) generated by Owner's Conveyor System and the Subject Property. In the event noise and/or air quality is determined by the City to constitute a nuisance, the City reserves the right to impose additional reasonable terms and conditions upon Owner with regard to noise and air quality control in furtherance of abating such nuisance. If at any time, the noise and/or air quality is determined by the City to be a nuisance, the City shall notify Owner, in writing, of such nuisance. Owner shall have ten (10) days from receipt of the City's notification to abate the nuisance, unless the City determines the nuisance is a serious and immediate threat to the public health and safety and requires abatement sooner. If Owner fails to abate the nuisance within the ten (10) day period or as otherwise required by the City, such failure to abate shall be considered a default by Owner pursuant to Section 8 of this Agreement. (h) Hours of Operation. Owner acknowledges that the special exceptions granting various outside storage on the Subject Property included, as a condition or -approval, BINDING DEVELOPMENT AGREEMENT Cityof Cape CanavefaI 7 Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page 5 of 12 a limitation on the hours of operation on the Subject Property to those hours beginning at 7:00 AM and ending at 7:00 PM. Notwithstanding this limitation, the operation of the Conveyor System itself is permitted to operate at any time. Any other activity which does not constitute the actual operation of the Conveyor System shall be strictly limited to between the hours of 7:00 AM and 7:00 PM. The City reserves the right to further address the hours of operation of the conveyor belt system if the operation becomes a public health, safety and welfare issue. (i) Trucks and Truck Routes, The City reserves the right to regulate the number of trucks transporting aggregates into the City to the Subject Property. Furthermore, the City reserves the right to regulate the route traveled by such trucks should the City determine such regulation is warranted. 0) Maintenance of Bulk Terminal Conveyor Felt System. Owner shall be solely responsible for the proper maintenance of its Conveyor System. In the event the Conveyor System is determined by the City to be damaged or deteriorated in such a way as to affect the health, safety or welfare of the citizens of the City, or if the City determines that the condition of the Conveyor System constitutes a Code violation or a violation of any other applicable law, the City shall notify Owner, in writing, of such damage, deterioration, or violation. Owner shall have ten (10) days from receipt of the City's notification to repair the Conveyor System. Failure to repair within the ten (10) day period shall constitute a default by Owner pursuant to Section 8 of this Agreement. (k) Sight and Sound Barrier. (i) Owner agrees to design, permit and construct a sight and sound barrier along all boundaries of the Subject Property which abut residential development at the time of recording this Agreement. Such barrier shall be at least sixteen feet (16') in height and shall act to shield the neighboring residential properties from, the industrial sights and sounds associated with the Subject Property. (ii) In fulfillment of this subsection, Ov.mer has proposed developing two- story combination garage/storage units for the benefit and use of the adjacent condominium owners. Such development would be at Owner's sole expense. The City agrees that upon the City Council's design approval, the construction of the combination garage/storage units shall act to satisfy the requirements of this subsection. Should Owner not proceed with the development of the combination garage/storage units, Owner shall remain otherwise obligated to construct a sight and sound barrier pursuant to this subsection. (iii) Any sight and sound barrier constructed pursuant to this subsection shall be subject to all design, permitting and construction requirements pursuant to BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral'/Ambassador Services Inc. & Canaveral Bulk Terminal, Inc, Page 6 of 12 the City Code. (iv) In order to satisfy this subsection, Owner shall have one (1) year from the date of execution of this Agreement to obtain the proper permitting from the City's building department for the construction of the sight and sound barrier. Upon written request of Owner, the City Council may, at its sole discretion, extend this one (1) year time limit by an additional ninety (90) days, provided Owner demonstrates good cause for the extension. Such request shall be submitted to the City Council prior to the expiration of the initial one (1) year period. Further, if a building permit is timely issued to Owner for the construction of a sight and sound barrier pursuant to this subsection and such building permit subsequently expires, or if the construction of the sight and sound barrier is abandoned or discontinued for a period of three (3) months, such expiration of the building permit or abandonment of the construction shall constitute a default by Owner pursuant to Section 8 of this Agreement. Section 7. Third Party Permitee or Operator of Bulk Terminal Conveyor Belt System. In the event that Owner leases the Subject Property to, or otherwise allows a third party to operate the Conveyor System identified hereunder, any and all Iessees or operators of said system shall be required to execute a permit license agreement with the City as a condition precedent to commencing operations. The permit license agreement shall fully bind the lessee or operator to all the terms and conditions of this Agreement related to the operation of the Conveyor System as if the lessee or operator was a party hereto. If the lessee or operator fails to comply with said terms and conditions, the City shall have the right to hold the property owners and any lessee or operator jointly and severally liable for any such noncompliance. Furthermore, Owner acknowledges and agrees that the City shall not only have the right to exercise any remedy provided in this Agreement, but shall also have the right to immediately terminate the permit license agreement. Should the permit license agreement be terminated by the City, lessee or operator shall forfeit all rights and privileges under said agreement and shall immediately cease operations on the Subject Property. Section g. Default by Owner. Failure of Owner to perform each and every one of its obligations as set forth in this Agreement shall constitute a default, entitling the City to pursue whatever remedies are available to it under Florida Iaw or equity including, without limitation, an action for specific performance and/or injunctive relief or, alternatively, the termination of this Agreement. Prior to fling any action or terminating this Agreement as a result of Owner's default under this Agreement, the City shall first provide Owner with written notice of said default. Upon receipt of said notice, Owner shall be provided ten (10) calendar days in which to cure the default to the City's complete satisfaction. If the City elects to terminate this Agreement, Owner shall lose all rights and privileges under this Agreement. Section 9. Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral [Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page 7 of 12 and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Subject Property in accordance with the terms and conditions of this Agreement. Section 10. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Subject Property and shall run with title to the same. Section 11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 12. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Council. Section 13. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Owner as to the subject matter hereof. Section 14. Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. Section 15, Effective Date. This Agreement shall become effective upon approval by the City Council and execution of this Agreement by both parties hereto. Section 16. Recordation. This Agreement shall be recorded in the Public Records of Brevard County, Florida. Section 17. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Section 18. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, whereby the City shall not be liable, under this Agreement, for punitive damages or interest for the period before judgment nor shall the City be liable, under this Agreement, to any one person BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral" /'Ambassador Services Inc, & Canaveral Bulk Terminal, Inc. Page 8 of 12 for more than $100,000 for any claim or judgement or more than $200,000 for any claim or judgement arising out of the same incident or occurrence. Furthermore, should any other limitation be imposed on the City's potential liability under state or federal law, the limitation that imposes the least amount of liability on the City shall apply as if said limitation is a material part of this Agreement. Section 19, City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away, surrendering, or limiting its police powers. Section 20, Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 21. Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 22. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. Section 23. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. Section 24. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, terin or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, terns or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy, special exception, occupational license, or other permit of any kind whatsoever for the operation of the Conveyor System or for any building or unit on the Subject Property if Owner is in breach of any term and condition of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. [EXECUTION PAGES FOLLOW] BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral 7 Ambassador Services Inc, & Canaveral Bulk Terminal, Inc, Page 9 of 12 CITY OF CAPE CANAVERAL: 0-0 ATTEST: Susan Stills, City Clerk Approved as to legal form and sufficiency: ANTHONY A. GARGANESE, City Attorney Rocky Randels, Mayor BINDING DEVELOPMENT AGREEMENT City.of Cape Canaveral % Ambassador Services Inc. & Canaveral Bulk Terminal, Inc, Page 10 of 12 AMBASSADOR SERVICES INC.: By: Title: Print Name: Print Name: !} L f STATE OF FLORIDA COUNTY OF u ,,,�he foregoing instrument was acknowledged before me this,,2�7 day of 12006, by K�,/.OxgLL _fiq i ? as ofAmbassador Services Inc., a Florida cvrporation, [L -rwho is personally known to me or [ ] produced as identification. SUSAN R. KATSOTIS MY COMMISSION # DD 328449 SX.r HES: July 18, 2-008 BoWW rhrv;Wry Fbk- under -lane Notary Pub]' — State of Florida Print Name My Commission Expires JULV 1� IQ3 BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page i 1 of 12 CANAVE RE'iL,"B" ULK TED',xil':AL, INC..: By: Title: u 4 Print Name: �v��.-�$ _ - (, p�-,�� WITNESSES: Print Name: S Print Name: STATE OF FLORIDA ) COUNTY O The foregoing instrument was acknowledged before rqe this 2�) day o�f�� 2446, by 0th C �' "V6A of Canaveral _ �s Bulk Termi 1, Inc., a Florida corporation, [o'vf who is personally known to me or [ ] produced as identification. - Obb ofFbft � � Jun 12, 2009 43ss27 er Natlorw►Y f=an. i --I– OA (2— Notary Pupb^lic – State f Florida �ro L� Print ane My Commission Expires BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc Page 12 of 12 LEGAL DESCRIPTION: (AMMBASSADOR SERVICES, INC.) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 15. TOWNSHIP 24 SOUTH, RANGE 37 EAST (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER DOCUMENT NO. 0018707, 4-10-84); THENCE S 0047'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE POINT -OF -BEGINNING; THENCE CONTINUE S 00"47'35" E, ALONG SAID EAST LINE, A DISTANCE OF 1386.79 FEET TO THE SOUTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 8952'44" W, ALONG SAID SOUTH LINE, A DISTANCE OF 225.03 FEET; THENCE N 00' 47135" W, A DISTANCE OF 451.30 FEET; THENCE N 8952 ' 44" W, A DISTANCE OF 218.20 FEET; THENCE N 23'08'26" E, A DISTANCE OF 532.32 FEET; THENCE N 00-00'00" E, A DISTANCE OF 445.25 FEET TO THE SOUTH PROPERTY LINE OF THE CANAVERAL PORT AUTHORITY; THENCE S 89"55'48" E, ALONG SAID SOUTH LINE A DISTANCE OF 221.08 FEET TO THE POINT -OF -BEGINNING. CONTAINING 8.393 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD. FOR AND N / 9 POt Ni I ElDMNCEIENT I SECTION CORNER) ' 1 Be. 00' i TME rgRTN£ AST CORNER OF SECTION I5-11/37 --� O.N,R. DOCLKNT N0. 9918799 1.19.91 13497) hWRi lAI CTRG6t li i E C. P. A, RESOLUTION OFFICIAL RECORDS BOOK P 426+, PACE 885 (EY1 NG ' ENUE 920 GQr`'1 PO � tTE . EXHIBIT LEGAL DESCRIPTION: ( CANAVERAL BULK TERMINAL, INC.) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 15. TOWNSHIP 24 SOUTH, RANGE 37 EAST (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER DOCUMENT NO. 0016707, 4-10-84); THENCE S 00"47'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE SOUTH LINE OF THE CANAVERAL PORT AUTHORITY; THENCE CONTINUE S 00-47'35" E, ALONG SAID EAST LINE, A DISTANCE OF 1386.79 FEET TO THE SOUTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF BREVARD COUNTY FLORIDA; THENCE N 895244" W, ALONG SAID SOUTH LINE,�A DISTANCE OF 225.03 FEET TO THE POINT -OF -BEGINNING; THENCE CONTINUE N 89-52'4411 W, ALONG SAID LINE, A DISTANCE OF 720.47 FEET TO THE WEST LINE OF SAID LANDS; THENCE N 24'36'56" W, ALONG SAID WEST LINE, A DISTANCE OF 49 `v. 0o"3 89 FEET; THENCE S "52'44" E, A DISTANCE OF 268.17 FEET; THENCE N 00"00'00" E, A DISTANCE OF 174.90 FEET TO THE SOUTH LINE OF THE LANDS OF AFORESAID CANAVERAL PORT AUTHORITY; THENCE WITH AND ALONG SAID LANDS THE FOLLOWING TWO COURSES, TO WIT; N 8954'08" E, A DISTANCE OF 112.68 FEET; THENCE N 23'08'26" E, A DISTANCE OF 545.64 FEET; THENCE N 9000'00" E, A DISTANCE OF 296.69 FEET; THENCE S 00'00'00" W, A DISTANCE OF 188.22 FEET; THENCE S 2308'26" W, A DISTANCE OF 532.32 FEET; THENCE S 8952'44" E, A DISTANCE OF 218.20 FEET; THENCE S 00"47'35" E, A DISTANCE OF 451.30 FEET TO THE POINT - OF -BEGINNING - CONTAINING 14.496 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD. City of Cape Canaveral, Florida Board of Adjustment December 3, 2008 STAFF REPORT Applicant: Randall May Owner: Port Canaveral Terminal Services, LLC Request: For a Special Exception to allow for the outdoor storage of aggregates in the M-1 zoning district. More specifically, to allow for the location of aggregate piles east of the southerly extension of Marlin Street. Subject property: Approximately 23 acre parcel located South of George King Blvd. and West of North Atlantic. The property is a commercial operation for the outdoor storage of aggregates, container, etc. It is identified by the Ambassador Services building and the conveyor that crosses over George King Blvd. Future Land Use and Zoning designation: M-1 Industrial. Surrounding zoning: North: Port Canaveral East: C-1 Commercial South: M-1 Industrial West: M-1 and Port property Surrounding uses: North: Port Canaveral East: Vacant wooded parcel; Portside Villas Condos; and trailer park. South: AAAA Storage, both indoor and outdoor storage. West: Vacant property and industrial uses at the Port. Description: The applicant operates a facility that is approved for the outdoor storage of aggregates, vehicles, containers, military cargo, and stevedoring gear. A conveyor system has also been approved. The outdoor storage of aggregates was first approved in 2000. See following chronology of the approvals for this property: 12/11/00 - SE No. 00-06 granted for storage of aggregates on lot 2. 06/24/02 — SE No. 02-04 granted to allow for outside storage of aggregates on a portion of parcels 2,3 H. This SE terminated SE No. 00-06. 06/24/02 — SE No. 02-03 granted to allow for outside storage of Aggregates on Parcel 8. 06/24/02 — SE No. 02-05 granted to allow for outside storage of vehicles, containers, military cargo, and stevedoring gear on a portion of parcel 3. 11/14/05 — SE No. 05-12 granted to allow for a conveyor system over the 25 ft. setback. 03/30/06 — Binding Development Agreement (included in packet) — called for a unity of title to bring together the separate parcels for purposes of addressing uses on this property. Called for a 16 ft. high sight and sound barrier between the subject property and adjacent residential uses. And specified that aggregate would be stored west of the southerly extension of Marlin St. The condominium project, Portside Villas, is located adjacent to and along the southeast boundary of the subject property. Portside Villas was approved as a Special Exception in the C-1 zoning district on July 14, 2003. Over the years, complaints regarding dust, operation of equipment prior to 7am, noise, and bright lights have been received by the City. See attached History of Violations as prepared by Duree Alexander, Code Enforcement Officer. One of the goals of the Development Agreement adopted in 2006 was to address these issues by calling for a 16 ft. high sight and sound barrier to be constructed along the boundary with residential development and to require aggregate to be stored West of the southerly extension of Marlin Street. A 16 ft. high wooden fence was constructed between the outdoor storage and Portside Villas (see photo), and aggregate was stored per the agreement. However, at time the photos were taken (week of November 3-7) aggregate was being stored East of the Marlin St. extension in violation of the Development Agreement (see photos). Mr. May is requesting the Special Exception in order to accommodate the current needs of his operation and bring the location of aggregate piles into compliance. If the Special Exception is approved by the BOA, the development agreement will need to be amended and approved by the City Council. Staff recommends approval as it seems that the aggregate operation would be more compatible with the adjacent residential uses than the container operation. If the request is approved by the BOA, staff recommends a 35 ft. setback from the east property line for the aggregate piles. The Planning and Zoning Board heard the request on November 12, 2008 and recommended approval. See P&Z minutes for Board discussion and recommendation MA POINT -OF -COMMENCEMENT (SECTION CORNER) THE NORTHEAST CORNER OF SECTION 15-24/37 D.N.R. DOCUMENT NO. 0018708 4-10-84 (3807) POINT -OF -BEGINNING 559.00 ,g i, , ORO 6Nf6KI7KI666 N90* 0' 0' E 296.69 4? 4;r Z)Ul TE 1\40. 1 CAPE CANAVERAL, FL 32920 (321) 783-4174 14 co LD Lu CD CL, THE NORTH LINE OF w GOVERNWNT LOT 2 112.88 c\I IN SECTION 15-24/37 N89' 54' 08' E to CD 0 GO C) 288.17 Lli Lu s89' 52' 44' E 0 FOKT GANAVEKAL- TEKMINAL 5E-KVI p 22.889 ACRES, MORE OR LESS c5 l cp DEED BOOK 328, PAGE 311 N89'52'44*W 945.51' NOW OR FORMERLY CEVESCO, INC. OFFICIAL RECORDS BOOK 435, PAGE 290 BEACH MAPPING AND SURVEYING 8010 NORTH ATLANTIC AVENUE Z)Ul TE 1\40. 1 CAPE CANAVERAL, FL 32920 (321) 783-4174 Planning & Zoning Board Meeting Minutes November 12, 2008 Page 6 3. Recommendation to the Board of Adjustment Re: Special Exception Request No. 08-07 to Allow Outside Storage of Aggregates in the M-1 Zoning District pursuant to the Cape Canaveral Code of Ordinances Section 110-354 (c) (1), Legal Description: Township 24 South Range 37 East Section 15 Parcels: 00- 00028, 00-00029, 00-00002 00-00035 00-00031 and 00-00003, (245 Challenger Road) - Randall May,.Representative for Ambassador Services Inc Petitioner. Barry Brown, Planning & Development Director, advised that Randall May, Applicant was requesting a Special Exception to allow for the outdoor storage of aggregates in the M-1 zoning district; the location of aggregate piles east of the southerly extension of Marlin Street, per the Development Agreement; the subject property was approximately 23 acres located south of George King Boulevard, and West of North Atlantic Avenue; the property was a commercial operation for the outdoor storage of aggregates, containers, etc.; it was identified by the Ambassador Services building and the conveyor that crossed over George King Boulevard; the Future Land Use and Zoning designation was M-1, Industrial; the surrounding zoning to the north was Port Canaveral, C-1 to the east, M-1 to the south and west; the surrounding uses were Port Canaveral to the north, vacant wooded parcel, Portside Villas Condominiums, and a trailer park to the east, f\AfaAtnrage (bother indoor and outdoor storage) to the south, and vacant property and industrial uses at the Port to the west. He explained that the applicant operated a facility that was approved for the outdoor storage of aggregates, vehicles, containers, military cargo, and stevedoring gear. A conveyor system was also approved. The outdoor storage of aggregates was first approved in 2000. He further explained that Portside Villas was located adjacent to and along the southeast boundary of the subject property. Portside Villas was approved as a Special Exception in the C-1 zoning district on July 14, 2003. Over the years, complaints regarding dust, operation of equipment prior to 7:00 a.m., noise, and bright lights were received by the City. He noted that one of the goals of the Development Agreement, adopted in 2006, was to address these issues by calling for a 16 ft. high sight and sound barrier to be constructed along the boundary with residential development and to require aggregate to be stored west of the southerly extension of Marlin Street. A 16 ft. high wooden fence was constructed between the outdoor storage and Portside Villas, and aggregate was stored per the agreement. However, aggregate was currently being stored east of the Marlin Street extension in violation of the Development Agreement. He added that Mr. May was requesting the Special Exception in order to accommodate the current needs of his operation and bring the location of aggregate piles into compliance. If the Special Exception was approved by the Board of Adjustment, the Development Agreement would need to be amended and approved by the City Council Planning & Zoning Board IMADW Meeting Minutes DI?AIW November 12, 2008 Page 7 Discussion was held regarding the binding Development Agreement. Jack Kirschenbaum, legal counsel for Randall May, Applicant, verified that no written notification was received that any code violation existed. Kate Latorre, Assistant City Attorney, verified that her office had not been contacted by anyone from the City regarding any default of the binding Development Agreement. Ms. Latorre asked the Board members that they limit their consideration to the testimony and evidence relevant to the criteria of the City code. Mr. Kirschenbaum advised that this request was for a Special Exception and was not a code enforcement hearing; there was no default called of the agreement; there were no violations the agreement; there were no notices of violation of the agreement. He advised that the request for the Special Exception was a very minor change to a series of Special Exceptions that were previously granted. He advised that this was industrial property; the northern portion of the property was located in Port Canaveral; it was consolidated under the binding Development Agreement under one ownership; the property is surrounded on the north, south, and west by other industrial property; only after the industrial uses began on the subject property did that adjacent property owner come before the Board and request a Special Exception to development residential use on property zoned commercial; Special Exceptions for the subject property were granted by the City in 2000, 2003, and 2005, then the binding Development Agreement in 2006; all of the Special Exceptions allowed for the industrial use of the property, includinc, the outside storage of the aggregates, vehicles, containers, military cargo, and stevedoring gear; then a Special Exception was granted for the conveyor system. Mr. Kirschenbaum showed the Board members a site plan and explained that there would still be a 35 ft. setback from the bottom of the pile of aggregate to the 16 ft. wall. Discussion was held regarding alleged code enforcement violations. Mr. Kirschenbaum submitted to the Hoard that they only consider competent substantial evidence. He advised that an alleged complaint regarding noise, that the noise was not even on the subject property, it was in Port Canaveral. Randall May, Applicant, testified that the aggregate storage would give harmony to the residential area because it would act as a sound barrier, a better use of the property, and a much quieter operation than if he used the property to move and store cargo containers, which was a much noisier operation. Motion by Lamar Russell, seconded by Harry Pearson, to extend the meeting time until 10:25 p.m. Vote on the motion carried unanimo isly. Planning & Zoning Board Meeting Minutes November 12, 2008 Page 8 r Brief discussion was held regarding noise and dust. Mr. May explained that the sprinkler system is continuously upgraded, as new sprinkler heads are available to extend the distance of water over the aggregate piles. St. Johns River Water Management District approved a permit for a truck tire wash which was now being installed to cut down on the dust. He advised that the impact of that area would not w change, because they did not plan to add product, only move it to a different location. The overall relocation of the aggregate was only approximately 140 ft. closer to the east, which was a very small scale of the entire operation and area. He noted that the aggregate piles do not exceed 38 ft., as per the Development Agreement. Brief discussion continued. Following discussion, the Board members agreed that the aggregate storage east of the southern portion of Marlin Street extension was a quieter operation than the currently approved shipping container storage; and the placement of aggregate substituted a quieter, more compatible use than container operations. Motion by John Johanson, seconded by John Fredrickson to recommend that the Board of Adjustment grant Special Exception Request No. 08-07, with the condition that the bottom of the aggregate pile be placed no closer than 35 ft. to the eastern buffer. Vote on the motion carried unanimously. OPEN DISCUSSION There being no further business the meeting was adjourned at 10:25 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary City Cape Canaveral December 4, 2008 Inc. Ener ?920 Fitt COP 3t No. 08-07 to Allow Outside Storage of Agg egate in the M-1 to the Cape Canaveral Code of Ordinances, Section 110-354 (c)(1), Legal Description: Township 24 South, Range 37 East, Section 15, Parcels 00- 00028, 00-00029, 00-00002, 00-00035, 00-00031, and 00-00003, (245 Challenger Road). Dear Property Owner/Petitioner(s): The Board of Adjustment of the City of Cape Canaveral conducted a public hearing and heard and considered testimony and evidence pertaining to your request at the meeting held on the 3rd day of December, 2008. Based on the testimony and information provided, the Board of Adjustment has granted your request, with the following condition: • The bottom of the aggregate pile shall be placed no closer than 35 feet to the eastern buffer. As per City Code Section 110-32, any special exception approved by the board of adjustment shall expire 12 months after the effective date of such approval unless a building permit based upon and incorporating the special expiration is issued by the city within said time period. Upon written request of the property owner, the board of adjustment may extend the expiration date, without public hearing, by an .additional 12 -month period, provided the property owner demonstrates good cause for the extension. Such request shall be submitted to the board of adjustment prior to the expiration of the first 12 -month period. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the special exception shall be deemed expired and null and void. Thereafter, a special exception shall expire and become null and void if the use granted there under is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with this Code. Once a special exception has lapsed due to abandonment, the applicant must resubmit its request for special exception pursuant to the City Code. Should there be a violation to any part of this approval; the special exception is subject to revocation according to the City Code. Sincerely` John Bond Chairperson SLC 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date: 12-16-08 AGENDA Heading Considerations Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPOINTMENT OF A CANAVERAL PORT AUTHORITY LIAISON DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the appointment of an elected official liaison to the Canaveral Port Authority and define roles and responsibilities. Summary Explanation & Background: This item was requested by Council Member Shannon Roberts at the 12-02-08 City Council Meeting. Please advise. I I Exhibits Attached: N/A City Manager S Office Department LEGISLATIVE ��wl-rw�uaucia�o \aululti \l.V nC11 \1ttCC L1111�1 \GuVo \1G -1b-08 \GYH. doc Meeting Type: Regular Meeting Date: 12-16-08 SUBJECT DEPT/DIVISION: AGENDA Heading Considerations Item 6 No. deadline is 12/29/08. Congress will start working on this bill 01/06/09 and anticipate the President's AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL CONSIDERATION: INFRASTRUCTURE LEGISLATIVE FEDERAL ECONOMIC STIMULUS BILL ON Requested Action: City Council review and approve the City's infrastructure project list in an effort to obtain Federal economic stimulus funds for City infrastructure projects. Summary Explanation & Background: The Florida League of Cities, on behalf of the National League of Cities, is requesting that we submit infrastructure projects that can be ready to bid within 120 days for possible funding consideration. Submittal deadline is 12/29/08. Congress will start working on this bill 01/06/09 and anticipate the President's signature on 01/20/09. I would also request that Mayor Randels hand deliver our project list to Senators Nelson and Martinez as well as Representative Posey. Attached is a draft project list; an updated list will be handed out Tuesday night. Exhibits Attached: Florida League of Cities AleIt Notice; Draft Project List City Manage ' ffice ` Department LEGISLATURE n C c J �s Florida League rrof Cities 1,YT i AIERT Action Strike -Team TO: Key Officials Members, Federal Action Strike Team FROM: John Charles Thomas, Director Policy and Political Affairs DATE: December 4, 2008 RE: Federal Economic Stimulus bill on Infrastructure Congress has announced that they will return on January 6, 2009, to consider a $500 billion stimulus plan for infrastructure; however, it is not yet known what the details of this plan will include. Congress is hoping to have legislation ready for President -Elect Obama's signature when he takes office January 20. The National League of Cities (NLC) has proposed an Economic Recovery Plan that asks Congress to provide additional funding to federal programs that assist cities with local infrastructure projects such as roads, housing, bridges, water and sewer projects, etc. The NLC Economic Recovery issue paper can be found at: www.nlc.org/ADVOCATING FOR CITIES/fedlobbyingpriorities aspx The Florida League of Cities is working with NLC in compiling data on local infrastructure projects in Florida that are "ready to go" and could help stimulate the economy by creating jobs. We are asking Florida's municipalities to provide information to the Florida League on any infrastructure projects they have that could be ready to ao to bid within 120 days. If vour city has nroiects that meet these criteria, please provide us with a brief description which includes the cost of the project and an estimate on the number of jobs the project would create. Please provide information in the following format: City Federal Program Brief Project Descrip, Funding Required Jobs (Ex. CDBG) So that we can have this information compiled before Congress returns next year, we are asking cities to provide this information to us by Monday, December 29, 2008. We also urge cities to share this information with your Members of Congress so that they, too, have this information before they return to Washington DC. Please provide this information to: Allison Payne Manager, Advocacy Programs and Federal Affairs Florida League of Cities E-mail: apaynegflcities.com FAX: 850-222-3806 Phone: 850-701-3602 Should you have any questions or require additional information, please contact Allison Payne or myself at the League. 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N p O O O C E � N d O a O U Q a) �� t6 4) a) >� � (o Y N O Q N 0 c 0 ,cu L•+-(7 73 0 p a O cn W 0 '0 ° O 0 ) O -a (0o cu -o a) Q - 0E cn U) u O pEn c O n c' ci0 cO O n >O O L .O i � U cni c O O i co a O ) 'nW ) - U 'O ) >m Q`LW GW Q E U) o O Uc ro cn Q CU a) Q Q n O O m o cn U cco o m Z _o) W H O m m m m m 0 0 0 0 m m 0 V U U U U U U U J Q H 0 5 6 75m 5 m c m c cu c m c m c m c m c U U U U U U U CL a a a ca. n U U U U co U U 0 0 0 0 0 0 0 _T >, U C� U U cU U ij Pagel of 3 Bennett Boucher From: C. Shannon Roberts [csroberts@cfl.rr.com] Sent: Friday, December 05, 2008 9:35 AM To: Bennett Boucher Cc: Andrea Bowers; Anthony Garganese; Barry Brown; David Sargeant; Douglas Scragg; Jeff Ratliff; Robert Lefever; Susan Stills; Todd Morley; Walter Bandish; Kim McIntire; Ed Lawson - Public Works1; Brad Smith Subject: Re: Federal Economic Stimulus bill on Infrastructure Bennett, The following infrastructure/capability improvement projects (not in priority order) are submitted for the City's consideration for any newly available Federal funding: 1. Curb and gutter project - AIA; 2. Streetscape projects - AIA, North Atlantic, Central, Ridgewood; 3. Sidewalk improvements; 4. Street paving improvements; 5. Water treatment improvements (whole new system for the City, which would replace what we have now); 6. Stormwater improvements; 7. New community center; 8. New fire station; 9. New sheriffs precinct; 10. New Government Town Center. 11. New bus stop benches and shelters; 12. Underground utilities; 13. improved street lighting; 14 Reach renrnlriehment 15. Improved beach crosswalks; 16. Affordable housing; % Tmt�rnvAd ttnr1r ori. recreation n+l+4i0+, o .. ++<+..,/+-....,.«�.�,,.� «„r. s�,,.bl,r ,_ll ,..,__,_ and 1__11_ +. ii—F—` Nuii� uiau x� ExpuLl"11 10-%1111L1+1J, �1.�., 11%�Vv; 11111J1! YCU laLt�U�lUtlll Ll1U1lJ Q11U rel reQtlotl Ildll� 12/10/2008 Page 2 of 3 18. New northeast city park; 19. New youth center; 20. Improvements to Cherie Down park; 21. New trees/planting initiative; 22. City of Cape Canaveral History Museum; 23. City of Cape Canaveral Welcome Center; 24. City of Cape Canaveral Natural Wildlife Preserve; 25. New bikeways/pedways throughout the City that link us internally and to Cocoa Beach and Port Canaveral; 26. Light rail between the City/Port and Orlando/the Airport; 27. Improved library community room and parking; 28. City history landmark marking and preservation initiative; 29. City history tour and linkage to Cape Canaveral Lighthouse capability; 30. New City theme support, e.g., facade and signage modification, mixed use development; and, 31. City south entranceway on Ridgewood; 32. Citv alternative energy demonstration project (e.g., wind, hydrogen); 33. City green building initiatives (e.g., fire station, sheriffs precinct, Town center, community center, youth center). Thanks for making us aware of the opportunity to have Federal funds channeled the City's way to help us with needed improvements and enhancements. Thanks, too, for your leadership and that of the staff in putting forth any projects you believe appropriate. Shannon On Dec 4; 2008; at 2:58 PM, Bennett Boucher wrote: Hello Everyone. See the e-mail below, please get all your infrastructure projects turned into my office ASAP. The attached PDF file has the program information and format to file your project information. Lets not forget anything! 12/10/2008 Meeting Type: Regular Meeting Date 12-16-08 AGENDA Heading Ordinances -2nd Reading Item 7 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 11-2008, ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUND BUDGETS FOR THE FISCAL YEAR ENDING 09/30/08 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider the adoption of Ordinance No. 11-2008, providing amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the fiscal year ending 09-30-08, as recommended by the city treasurer. Summary Explanation & Background: I support the city treasurer's recommendation. Exhibits Attached: Ordinance No. 11-2008 and Budget Amendment Summary City Manager's Office Department ADMINISTRATION/FINANCE r �a t kl ment admin oa-ncil\meeting\2008\12-16-08\11-2008.doc ORDINANCE NO. I1-2008 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2007, and ending September 30, 2008, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day December, 2008. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bnb Hoog Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Shannon Roberts APPROVED AS TO FORM: Betty AYVals , Anthony A. Garganese, CITY ATTORNEY First Reading: C ,� a_ occond Reading. r:ACITY TREiSUHER\TRPNSFERS\2,'07-2008\C>RD 11-2008- FIVE, BUDGZf AD0-1--CN.dccx MEMORANDUM DATE: November 14, 2008 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer SUBECT: Final Budget Report and Transfers for the Fiscal Year 2007/2008 Revenues The Fiscal Year 2007/2008 has been completed. Following is a brief review of the state of the Budget. Removing Cash Forward and Non-cash donations from the mix, projected revenues finish the year at 102% collection, comparable to the previous year, which ended with a 102,4% collection. Legal Services in General Government has been increased to provide the funding required due to the increase in legal activity. This increase is offset with an increase in the Police Ad Valorem Taxes, which ended the year slightly higher than projected. While there are numerous spending changes =within the departments in the final quarter, none of the changes affected the department budgets materially and no other adjustments will be made. This completes the requested Budget Amendments for the Fiscal Year 2007/2008: Following is a break -down by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. al y tic =a = Q m 00 Ln 1� x r� d' r- in Lr) rn Ln c -i Ln cr m m 00 O Ln N 00 N O l0 m O m M Ln rl 6 r� O O Ln CO c-i�-! O 0 O r-! N O 1-1 ' 1-1 N ti� w N r, a m to � O N m rH In O O O ib m a m � C° Ln M k,6 O O Lr) \ 0 O 0 O r --i N O O O O W 0 d' Lr 00 O m N m O 00 \ 'a 00 m m O \ O O O N O .-1 n U') o V O cl 00 O v M � L L :L. r f � L O Lr) cl C MO v 0 0 o Ln m m c Q Lo v cg U � o � Lo O -i �o �,o L 'c Un avr LL v co s. 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O L G CO E 1 cu SI m 1-1 N N I'D m t\ r if f� m 0 00 r-1 m 0 o m o G Ln 0 o' co o LLDr j Ln 0 0 o O Ln Ln cc 0) � rn m rv1 m m N Ln t4 t0 r d Ln N d Cil m m of r-1 1-1 V r-1 O O O d O O O O Lrl O m 1, O N 00 ei t� zT Lit 1.0 r -I m M ei Ln Ln N G Ln 1- O N � rlj LD � Ln d0' d0' Ln Ln i O 00 O N � Q0 Q7 N d' s_ Ln Ln 7 CI' U U N to V} S_ S CL LL x 0 0- r c w n_ Q a c c v v U u Li d N �L Q. L G CO G_ W m O LLl Ln Ln to 0 m m m Ln N Ln Ln Ln m -0 0 0 0 L' 1v rar-1 .-1 0 a 0 CD o v 0' 7 ' d0- � Q G Ln 1- O N � rlj LD � Ln d0' d0' Ln Ln 00 O � Q0 d' Ln Ln CI' of N V} Meeting Type: Regular Meeting Date: 121608 AGENDA Heading Discussion Item g No. Report (EAR) in 2007. Any proposed revisions to the Capital Improvements Element as identified in the AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 12-2008, 5 YEAR SCHEDULE OF CAPITAL IMPROVEMENTS DEPT/DIVISION: COMMUNITY DEVELOPMENT DEPARTMENT Requested Action: Adopt the 5 Year Schedule of Capital Improvements of the Capital Improvements Element for transmittal to the Department of Community Affairs. Summary Explanation & Background: According to Florida Statute, each city is required to annually update its Capital Improvements Element and the Five Year Schedule of Capital Improvements. The City prepared its Evaluation and Appraisal Report (EAR) in 2007. Any proposed revisions to the Capital Improvements Element as identified in the EAR will be made in 2009 as part of the EAR based amendment submittals. However, the State requires that the 5 Year Schedule of Capital Improvements be updated at this time or we will not be able to amend our comp plan. On December 10, 2008 the Planning and Zoning Board reviewed the 5 Year Schedule of Capital Improvements. Exhibits Attached: Memo to Council Ordinance 12-2008 Ublll. a.l.11ltlesA --I _.,.' a c V_ R F Capaclty Anaysis and -) r i N; ieduie of k.apital -improvements P&Z Board Recommendation City Manager' � -e ' � Department t Community Development Department I � LyiI=ILy, us]N _ M ►, Date: December 10, 2008 To: City Council Members From: Barry Brown, Planning and Zoning Director RE: December 16, 2008 Council Meeting Florida Statutes mandates that every year local governments update their Capital Improvements Element including the 5 Year Schedule of Capital Improvements. We are going to update the body of the Capital Improvements Element next year as part of the EAR based amendment process. However, we need to update the 5 Year Schedule of Capital Improvements at this time so that we can continue to amend our comprehensive plan. This is merely an administrative exercise; no policy direction is being proposed with this update. Our comprehensive plan establishes minimum level of service (los) standards for certain public facilities and services such as sanitary sewer, solid waste, drainage, potable water, parks and recreation, schools, and transportation. These adopted levels of service must be maintained into the future. In order to determine if we will continue to have capacity in these facilities in the future, population projections are prepared and a basic public facilities capacity analysis is performed. The LOS facilities for which the City is directly responsible: sanitary sewer, drainage, and parks and recreation, all show capacity through the five year planning timeframe. No capital improvement projects are required in order to maintain adopted levels of service over the next five years. Potable water is supplied by the City of Cocoa and they are projecting capacity through 2013. Brevard County provides for the disposal of solid waste and they have capacity through 2023. School capacity falls under the purview of the Brevard County Public Schools and their 5 Year Facilities Work Program addresses school construction. All roads in the City for which minimum levels of service have been adopted are either County maintained or State roadways. None of the roadways are projected to have I O riPficianriac in tha .r, vaar nlanninn timafrnma ORDINANCE 12-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING THE FIVE (5) YEAR SCHEDULE OF CAPITAL IMPROVEMENTS IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT ACT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, the Five Year Schedule of Capital Improvements ("Schedule") serves as a companion to the Comprehensive Plan and the Capital Improvement Element ("CIE") of the Comprehensive Plan, by linking capital expenditures with the adopted public policy; and WHEREAS, the Schedule furthers the City's legitimate. p>> -pose of meeting the demands for new and properly maintained infrastructure and facilities in a fiscally responsible manner and in furtherance of section 166.021, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public hearing on the proposed Schedule, as set forth herein, and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the proposed Schedule consistent with the City of Cape Canaveral Comprehensive Plan; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by City of Gane Canaveral Ordinance 12-2008 Page 1 of 2 reference as legislative findings of the City Council of Cape Canaveral. Section 2. Adoption of Five -Year Schedule of Capital Improvements. The City Council of the City of Cape Canaveral, Florida hereby adopts the Five -Year Schedule of Capital Improvements, attached hereto as "Exhibit A," and fully incorporated herein by this reference. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. 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 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City Charter. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2009. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts SUSAN STILLS, City Clerk Betty Walsh Transmittal Hearing: Adoption Hearing: Effective Date: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cane. Canaveral Ordinance 12-2008 Page 2 of 2 N > M N O L N O - W O N — N +' +° s a On E U ° > x o Lu a o cu C 4.1Q � N ULCL d iT M 71 N c-1 A LL LL. ' CD O O O O O O O O0 O � O O O O LL -- 0 0 0 C) O O C) o O o i6 ) (r- � 0 oLr) ( Lr) } L U- 0 O Ln a a) c L 3 'Q �, Q +� o c0+- A ( p c > - 0 — U 00 N p +- i O A, � � � M � ca O O ul a0 Q �: C aO N " O to N O E N O V C fa Qw a) E 41 i Y O ++1 C R O QJi i •� +�-'D C Q. O L_j Zan ice+ ca o1 > O N > o Z CL U E O G cO, C -6S O 4m v v A) v C C p d O i Ci i 0 cuCO O txoN u rg ra t to O O djcn cn D�m Ia;� pv'vOi;� LX t= zy z V) City of Cape Canaveral, Florida Capital Improvements Element Annual Update to the 5 Year Schedule of Capital Improvements Public Facilities Capacity Analysis According to Florida Statute, each city is required to annually update its Capital Improvements Element and the Five Year Schedule of Capital Improvements. The City prepared its Evaluation and Appraisal Report (EAR) in 2007. Any proposed revisions to the Capital Improvements Element as identified in the EAR will be made in 2009 as part of the EAR based amendment submittals. However, the State requires that the 5 Year Schedule of Capital Improvements be updated at this time or we will not be able to amend our comp plan. In order to determine if capital improvements are necessary to maintain adopted levels of service, the following public facilities capacity analysis has been performed. Data and Analysis as provided in the EAR have been used in the preparation of this analysis. The City is directly responsible for the provision of sanitary sewer, stormwater/drainage, and parks and recreation. As demonstrated in this analysis, no facilities for which the City is responsible will experience a deficit in LOS during the five year timeframe of the Schedule. Cocoa supplies potable water and Brevard County provides solid waste disposal. Both have capacity beyond the planning period. Public Schools are the responsibility of Brevard County Public Schools and their 5 Year Facilities Work Program addresses school construction. All LOS designated roadways in the City are projected to have capacity through the planning timeframe. Sanitary Sewer Adopted LOS is 118 gallons per person per day Capacity is 1,800,000 gallons per day 11' •� : .:•• •e• No capacity issues are projected. Stormwater/Drainage Currently, the City has adequate drainage facilities. Since 1999, the City has utilized baffle boxes at key points to improve water quality and is currently installing additional baffle boxes in the Central Ditch at Central Blvd. The City adopted a Stormwater Master Plan in late 2000 which has been continuously implemented since. A Stormwater Utility fee was adopted on October 1, 2003. All development is required to meet City and SJRWMD standards for on-site water retention and treatment. Parks and Open Space Parks Adopted LOS for Parks is 2 acres/1000 population Currently the City has 34 acres in Parks 2008 — 13,294/1000 = 13.29 * 2 = 26.6 acres to meet adopted LOS 2013 - 14,321/1000 = 14.32 * 2 = 28.64 acres to meet adopted LOS No level of service issues are projected for parks. Open Space The City has an adopted level of service for open space of 1 acre per 1000 persons. In Cape Canaveral this standard is exceeded many times over merely by taking into account the many acres of beaches available to the public as well as open space at school facilities, City parks, and vacant tracts of land. Solid Waste Brevard County provides solid waste disposal services for the City. The Brevard County Central Disposal Facility has approximately nine years, through 2017, of permitted capacity and an additional fifteen years, through 2023, of capacity in the southern expansion area. The capacity of the facility handles Class I and III materials. Current LOS is 8.32 lbs./capita/day. Additionally, the City has contracted with Waste Management for the pickup and transportation of solid wastes within the City. The existing contract began in 2004 and runs until 2009. Potable Water The City of Cape Canaveral obtains its potable water supply from the system owned and operated by the City of Cocoa under an intergovernmental agreement. The City of Cocoa has supplied central Brevard County, to include Cocoa Beach, Cape Canaveral, Rockledge, Patrick Air Force Base and a large population of unincorporated Brevard County with drinking water since 1957. The adopted level of service is 264 gallons per household per day and 60 psi. Studies indicate that the system should have capacity to supply all users during the 5 to 10 year planning period. Transportation The LOS roadways in our City are either under the jurisdiction of the Florida Department of Transportation or Brevard County government. Al A is a State road and North Atlantic Avenue, Ridgewood Avenue, and Central Boulevard are County roads. None of the LOS roadways in the City are projected to reach capacity through the year 2020. See attached Capacity -Demand analysis prepared by the Brevard County MPO in 2007 and included in our EAR. Population Projections to 2013 j City of Cape Canaveral, FL year full-time seasonal total 2005 100341 2509 12543 2006 10317 2579 12896 2007 10526 2632 13158 2008] 106351 26591 13294 2009' 10795 2699 13493 2010 10956 2739 13696 2011 111211 27801 13901 2012i 11288' 2822 14110 2013 11457 2864 143211 I i The City is projecting only modest gains in population over the next five years. Given the economic recession., credit crunch, over built condo market, and the number of units in foreclosure, residential construction has come to a halt. The economy is not predicted to start turning around until 2010 and even then it will grow slowly and the demand for new housing will likely grow slowly as well. In addition, our area will be affected by the retirement of the space shuttle and the lack of space activity before the Constellation program is started. Therefore, we are projecting a 1.5% annual growth rate, the same rate as the last two years. o � o v a� Iq b., d N N c --r V U O O O O O U 9 v o � � C bn(® O N o� CD o 0 0 Q N v m oo N � d+ d+ tf) bA+ r + 110 m .— •� X _ m :-i CO w Q 0 0 C4 WN tb � a � M tDD ° J P,qW�� ¢ cl U �s C; o � � C bn(® Q N v m oo �+ � bA+ r + 110 m .— •� X _ m :-i CO oo N cri *' � 0 �1 CD C:) C) ' c (z m m r- -4 ,-- V U U > O W O N � c� - txC • O O c-itz S v os C C % bo � 0 N � -4 �!t F° abz C, o O z o C y �w CU ;3 m «t p O EC U�U�� 0 0 C4 WN tb � a � M tDD ° J P,qW�� ¢ cl U �s C; CITY OF CAPE CANAVERAL City of Cape Canaveral Date: December 11, 2008 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Susan Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council Ordinance 12-2008, Adopting the Five (5) Year Capital Improvements Program in Accordance with the Local Government Comprehensive Planning and Land Development Act. At the Local Planning Agency meeting, held on December 10, 2008, by majority vote, the Board. recommended approval of the above referenced Ordinance to the City Council. Please schedule this item for the December 15, 2008 City Council meeting. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date: 12-16-08 AGENDA Heading Resolutions Item 9 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-39, SUPPORTING AMENDMENTS TO THE FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS RESPONSIBILITY FOR DELINQUENT CONDOMINIUM, CO-OPERATIVE AND HOMEOWNERS ASSOCIATION FEES ON FORECLOSED UNITS DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-39, supporting amendments to the Florida Statutes to increase mortgage holders responsibility for delinquent condominium, co-operative and homeowners association fees on foreclosed units as recommended by Mayor Rocky Randels. Summary Explanation & Background: See attached resolution. I recommend approval. i Exhibits Attached: Resolution No. 2008-39 77 City Manager's Owe- `Y Department LEGISLATIVE cape-nt kim\mydocuments\admin\council\meeting\2008\12-16-08\2008-39.doc RESOLUTION NO. 2008-39 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING AMENDMENTS TO THE FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS' RESPONSIBILITY FOR DELINQUENT CONDOMINIUM, CO-OPERATIVE, AND HOMEOWNER ASSOCIATIONS FEES, REGULAR ASSESSMENTS AND SPECIAL ASSESSMENTS ON UNITS IN FORECLOSURE AND ON FORECLOSED UNITS. WHEREAS, due to current economic conditions which include a housing market crisis, Florida, in particular, is experiencing a significant increase in foreclosure suits filed; and WHEREAS, under present Florida Law, mortgage holders are only responsible for unpaid condominium association fees that are the lesser of 1 % of the original mortgage amount or six months of unpaid maintenance fees and regular assessments at the time of foreclosure; and WHEREAS, under the foregoing formula condominium association fees often accumulate in excess of what the mortgage holder is responsible for resulting in such fees becoming the responsibility of the remaining association members who must pay, in many cases, exorbitant special assessments to cover the maintenance expenses and all special assessments of the building, while units in foreclosure proceedings and foreclosed units continue to benefit at no additional expense to the mortgage holder; and WHEREAS, in order to provide a disincentive for mortgage lenders to delay foreclosure actions in order to avoid the payment of escalating condominium fees, and to fairly place responsibility on the party that has the most to benefit from the continued receipt of maintenance services on units in foreclosure proceedings and foreclosed units, the Florida Statutes should be amended. NOW, THERFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL CITY COUNCIL: City of Cape Canaveral, Florida Resolution No. 2008 - Page 2 of 2 SECTION 1. The Mayor and City Council hereby support amendments to the Florida Statutes to increase mortgage holders' responsibility for delinquent condominium, co-operative, and homeowner associations fees, regular assessments and special assessments on units in foreclosure and on foreclosed units. ADOPTED BY, the City of Cape Canaveral City Council this day of ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney Statutes & Constitution :View Statutes :->2008->Ch07l8->Section 116 : Online Sunshine Page 1 of 6 Select Year: 2008 Go The 2oo8 Florida Statutes Title XL Chapter 718 View Entire Chapter REAL AND PERSONAL PROPERTY CONDOMINIUMS 718.116 Assessments; liability; lien and priority; interest; collection. -- (1)(a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severalty liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the owner may have to recover from the previous owner the amounts paid by the owner. (b) The liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due prior to the mortgagee's acquisition of title is limited to the lesser of: 1. The unit's unpaid common expenses and regular periodic assessments which accrued or came due during the 6 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or 2. One percent of the original mortgage debt. The provisions of this paragraph apply only if the first mortgagee joined the association as a defendant in the foreclosure action. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee. (c) The person acquiring title shalt pay the amount owed to the association within 30 days after transfer of title. Failure to pay the full amount when due shall entitle the association to record a claim of lien against the parcel and proceed in the same manner as provided in this section for the collection of unpaid assessments. (d) With respect to each timeshare unit, each owner of a timeshare estate therein is jointly and severally liable for the payment of all assessments and other charges levied against or with respect to that unit pursuant to the declaration or bylaws, except to the extent that the declaration or bylaws may provide to the contrary. (e) Notwithstanding the provisions of paragraph (b), a first mortgagee or its successor or assignees who arnllirP fitip fin a rondominii im Iinif ac n racidt of the foreclosure f the tg by deed I—. r wG v� �r�� e��Jr L. or IJ Uc_u 1i� ileta fat http://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&Search Strin... 12/10/2008 Statutes & Constitution :View Statutes :->2008->Ch0718->Section 116 : Online Sunshine Page 2 of 6 foreclosure of the mortgage shall be exempt from liability for all unpaid assessments attributable to the parcel or chargeable to the previous owner which came due prior to acquisition of title if the first mortgage was recorded prior to April 1, 1992. If, however, the first mortgage was recorded on or after April 1, 1992, or on the date the mortgage was recorded, the declaration included language incorporating by reference future amendments to this chapter, the provisions of paragraph (b) shall apply. (f) The provisions of this subsection are intended to clarify existing law, and shall not be available in any case where the unpaid assessments sought to be recovered by the association are secured by a lien recorded prior to the recording of the mortgage. Notwithstanding the provisions of chapter 48, the association shall be a proper party to intervene in any foreclosure proceeding to seek equitable relief. (g) For purposes of this subsection, the term "successor or assignee" as used with respect to a first mortgagee includes only a subsequent holder of the first mortgage. (2) The liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made. (3) Assessments and installments on them which are not paid when due bear interest at the rate provided in the declaration, from the due date until paid. This rate may not exceed the rate allowed by law, and, if no rate is provided in the declaration, interest shall accrue at the rate of 18 percent per year. Also, if the declaration or bylaws so provide, the association may charge an administrative late fee in addition to such interest, in an amount not to exceed the greater of $25 or 5 percent of each installment of the assessment for each delinquent installment that the payment is late. Any payment received by an association shall be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney's fees incurred in collection, and then to the delinquent assessment. The foregoing shall be applicable notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment. A late fee shall not be subject to the provisions in chapter 687 or s. 718.303(3). (4) If the association is authorized by the declaration or bylaws to approve or disapprove a proposed lease of a unit, the grounds for disapproval may include, but are not limited to, a unit owner being delinquent in the payment of an assessment at the time approval is sought. (5)(a) The association has a lien on each condominium parcel to secure the payment of assessments. Except as otherwise provided in subsection (1) and as set forth below, the lien is effective from and shall relate back to the recording of the original declaration of condominium, or, in the case of lien on a parcel located in a phase condominium, the last to occur of the recording of the original declaration or amendment thereto creating the parcel. However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien in the public records of the county in which the condominium parcel is located. Nothing in this subsection shall be construed to bestow upon any lien, mortgage, or certified judgment of record on April 1, 1992, including the lien for unpaid assessments created herein, a priority which, by law, the lien, mortgage, or judgment did not have before that date. http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search Strin... 12/10/2008 Statutes & Constitution :View Statutes :->2008->Ch0718->Section 116 : Online Sunshine Page 3 of 6 (b) To be valid, a claim of lien must state the description of the condominium parcel, the name of the record owner, the name and address of the association, the amount due, and the due dates. It must be executed and acknowledged by an officer or authorized agent of the association. No such lien shall be effective longer than 1 year after the claim of lien was recorded unless, within that time, an action to enforce the lien is commenced. The 1 -year period shall automatically be extended for any length of time during which the association is prevented from filing a foreclosure action by an automatic stay resulting from a bankruptcy petition filed by the parcel owner or any other person claiming an interest in the parcel. The claim of lien shall secure all unpaid assessments which are due and which may accrue subsequent to the recording of the claim of lien and prior to the entry of a certificate of title, as well as interest and all reasonable costs and attorney's fees incurred by the association incident to the collection process. Upon payment in full, the person making the payment is entitled to a satisfaction of the lien. (c) By recording a notice in substantially the following form, a unit owner or the unit owner's agent or attorney may require the association to enforce a recorded claim of lien against his or her condominium parcel: NOTICE OF CONTEST OF LIEN T0: _(Name and address of assodat;on) You are notified that the undersigned contests the claim of lien filed by you on ear)__, and recorded in Official Records Book at Page , of the public records of County, Florida, and that the time within which you may file suit to enforce your lien is limited to 90 days from the date of service of this notice. Executed this day of , eat. Signed: Ao__wner or Attorne After notice of contest of lien has been recorded, the clerk of the circuit court shall mail a copy of the recorded notice to the association by certified mail, return receipt requested, at the address shown in the claim of lien or most recent amendment to it and shall certify to the service on the face of the notice. Service is complete upon mailing. After service, the association has 90 days in which to file an action to enforce the lien; and, if the action is not filed within the 90 -day period, the lien is void. However, the 90 -day period shall be extended for any length of time that the association is prevented from filing its action because of an automatic stay resulting from the filing of a bankruptcy petition by the unit owner or by any other person claiming an interest in the parcel. (6)(a) The association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. The association is entitled to recover its reasonable attorney's fees incurred in either a lien foreclosure action or an action to recover a money judgment for unpaid assessments. http://www.leg.state.fl.us/Statutes/index.efin?App mode=Display Statute&Search Strin... 12/10/2008 Statutes & Constitution :View Statutes :->2008->Ch07l8->Section 116 : Online Sunshine Page 4 of 6 (b) No foreclosure judgment may be entered until at least 30 days after the association gives written notice to the unit owner of its intention to foreclose its lien to collect the unpaid assessments. If this notice is not given at least 30 days before the foreclosure action is filed, and if the unpaid assessments, including those coming due after the claim of lien is recorded, are paid before the entry of a final judgment of foreclosure, the association shalt not recover attorney's fees or costs. The notice must be given by delivery of a copy of it to the unit owner or by certified or registered mail, return receipt requested, addressed to the unit owner at his or her last known address; and, upon such mailing, the notice shall be deemed to have been given, and the court shall proceed with the foreclosure action and may award attorney's fees and costs as permitted by law. The notice requirements of this subsection are satisfied if the unit owner records a notice of contest of lien as provided in subsection (5). The notice requirements of this subsection do not apply if an action to foreclose a mortgage on the condominium unit is pending before any court; if the rights of the association would be affected by such foreclosure; and if actual, constructive, or substitute service of process has been made on the unit owner. (c) If the unit owner remains in possession of the unit after a foreclosure judgment has been entered, the court, in its discretion, may require the unit owner to pay a reasonable rental for the unit. If the unit is rented or leased during the pendency of the foreclosure action, the association is entitled to the appointment of a receiver to collect the rent. The expenses of the receiver shalt be paid by the party which does not prevail in the foreclosure action. (d) The association has the power to purchase the condominium parcel at the foreclosure sale and to hold, lease, mortgage, or convey it. (7) A first mortgagee acquiring title to a condominium parcel as a result of foreclosure, or a deed in lieu of foreclosure, may not, during the period of its ownership of such parcel, whether or not such parcel is unoccupied, be excused from the payment of some or all of the common expenses coming due during the period of such ownership. (8) Within 15 days after receiving a written request therefor from a unit owner or his or her designee, or a unit mortgagee or his or her designee, the association shall provide a certificate signed by an officer or agent of the association stating all assessments and other moneys owed to the association by the unit owner with respect to the condominium parcel. (a) Any person other than the owner who relies upon such certificate shall be protected thereby. (b) A summary proceeding pursuant to s. 51.011 may be brought to compel compliance with this subsection, and in any such action the prevailing party is entitled to recover reasonable attorney's fees. (c) Notwithstandino anv limitation nn trancfar fPPc rnntainPri in c 71 R 117/7\/i\ the nccnl;�+; ,., r ;+� .� .� _....._�_. _.. _.. _. .... .... ......, ...., _. (D(il, th u.ao dation o its authorized agent may charge a reasonable fee for the preparation of the certificate. The amount of the fee must be included on the certificate. (d) The authority to charge a fee for the certificate shall be established by a written resolution adopted by the board or provided by a written management, bookkeeping, or maintenance contract and is http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search Strin... 12/10/2008 Statutes & Constitution :View Statutes :->2008->Ch0718->Section 116 : Online Sunshine Page 5 of 6 payable upon the preparation of the certificate. If the certificate is requested in conjunction with the sale or mortgage of a unit but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the unit owner, the fee shall be refunded to that payor within 30 days after receipt of the request. The refund is the obligation of the unit owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section. (9)(a) A unit owner may not be excused from payment of the unit owner's share of common expenses unless all other unit owners are likewise proportionately excluded from payment, except as provided in subsection (1) and in the following cases: 1. If authorized by the declaration, a developer who is offering units for sale may elect to be excused from payment of assessments against those unsold units for a stated period of time after the declaration is recorded. However, the developer must pay common expenses incurred during such period which exceed regular periodic assessments against other unit owners in the same condominium. The stated period must terminate no later than the first day of the fourth calendar month following the month in which the first closing occurs of a purchase contract for a unit in that condominium. If a developer - controlled association has maintained all insurance coverage required by s. 718.111(11)(a), common expenses incurred during the stated period resulting from a natural disaster or an act of God occurring during the stated period, which are not covered by proceeds from insurance maintained by the association, may be assessed against all unit owners owning units on the date of such natural disaster or act of God, and their respective successors and assigns, including the developer with respect to units owned by the developer. In the event of such an assessment, all units shall be assessed in accordance with s. 718.115(2). 2. A developer who owns cnndnrniniiom units, and who is offering the units for sale, may be excused from payment of assessments against those unsold units for the period of time the developer has guaranteed to all purchasers or other unit owners in the same condominium that assessments will not exceed a stated dollar amount and that the developer will pay any common expenses that exceed the guaranteed amount. Such guarantee may be stated in the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of the unit owners other than the developer and may provide that, after the initial guarantee period, the developer may extend the guarantee for one or more stated periods. If a developer- control led association has maintained all insurance coverage required by s. 718.11.1(11)(a), common expenses incurred during a guarantee period, as a result of a natural disaster or an act of God occurring during the same guarantee period, which are not covered by the proceeds from such insurance, may be assessed against all unit owners owning units on the date of such natural disaster or act of God, and their successors and assigns, including the developer with reSnPr t to i initc nwnari by thin riavalnnar Anv ci irh accaccmenf- churl l ho i nr.-I�. ;f4, -74 4 4 4 r I) -r .. _.. ......) �. .......... �...... r -...fir .,.....l- assessm—, , s Huta be .a Uceo ua� ce YrIl11 s. r IU._!_.1_i k i-) or (4), as applicable. (b) If the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of unit owners other than the developer provides for the developer to be excused from payment of assessments under paragraph (a), only regular periodic assessments for common expenses as http://www.leg.state.fl.us/Statutes/index.efin?App mode=Display Statute&Search Strin... 12/10/2008 Statutes & Constitution :View Statutes : ->2 008 ->Ch071 8 ->Section 116 : Online Sunshine Page 6 of 6 provided for in the declaration and prospectus and disclosed in the estimated operating budget shall be used for payment of common expenses during any period in which the developer is excused. Accordingly, no funds which are receivable from unit purchasers or unit owners and payable to the association, including capital contributions or startup funds collected from unit purchasers at closing, may be used for payment of such common expenses. (c) If a developer of a multicondominium is excused from payment of assessments under paragraph (a), the developer's financial obligation to the multicondominium association during any period in which the developer is excused from payment of assessments is as follows: 1. The developer shall pay the common expenses of a condominium affected by a guarantee, including the funding of reserves as provided in the adopted annual budget of that condominium, which exceed the regular periodic assessments at the guaranteed level against all other unit owners within that condominium. 2. The developer shall pay the common expenses of a multicondominium association, including the funding of reserves as provided in the adopted annual budget of the association, which are allocated to units within a condominium affected by a guarantee and which exceed the regular periodic assessments against all other unit owners within that condominium. (10) The specific purpose or purposes of any special assessment, including any contingent special assessment levied in conjunction with the purchase of an insurance policy authorized by s. 718.111 (11), approved in accordance with the condominium documents shall be set forth in a written notice of such assessment sent or delivered to each unit owner. The funds collected pursuant to a special assessment shalt be used only for the specific purpose or purposes set forth in such notice. However, upon completion of such specific purpose or purposes, any excess funds will be considered common surplus, and may, at the discretion of the board, either be returned to the unit owners or applied as a credit toward future assessments. History. --s. 1, ch. 76-222; s. 1, ch. 77-174; s. 9, ch. 77-221; s. 7, ch. 77-222; s. 6, ch. 78-328; s. 8, ch. 84-368; s. 12, ch. 90-151; s. 9, ch. 91-103; ss. 4, 5, ch. 91-426; s. 6, ch. 92-49; s. 10, ch. 94-350; s. 87, ch. 95-211; s. 856, ch. 97-102; s. 7, ch. 98-322; s. 33, ch. 99-6; s. 1, ch. 2000-201; s. 56, ch. 2000-302; s. 7, ch. 2003-14; s. 6, ch. 2007-80; s. 5, ch. 2008-240. Copyright © 1995-2008 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&Search Strin... 12/10/2008 Bennett Boucher From: Rocky [rocky-cape@cfl.rr.com] Sent: Sunday, December 07, 2008 9:33 PM To: EnidRodriguez@miamibeachfl.gov Cc: Bennett Boucher Subject: RE: Resolution to Amend Condominium Foreclosure Statute 718.116 Jerry, I also received your fax on this resolution and will add it to our next council meeting. The same issue is a concern in our city, also. Rocky Randels, Mayor From: Cape Canaveral [mailto:ccapecanaveral@cfl.rr.com] Sent: Friday, December 05, 2008 2:50 PM To: Rocky Randels Subject: FW: Resolution to Amend Condominium Foreclosure Statute 718.116 From: Rodriguez, Enid [mailto:Sent: Friday, December 05, 2008 10:34 AM Subject: Resolution to Amend Condominium Foreclosure Statute 718.116 December 4, 2008 Dear Mayor: Page 1 of 2 Florida ranks second nationwide in foreclosures. As a Miami Beach Commissioner, I have started a statewide drive to push for legislation to address inequities existing in State Statute 718.116 that affect condominium associations regarding foreclosures. According to the State Statute, the first mortgagee who acquires title to a condominium unit—by foreclosure—pays the lesser of one percent (1 %) of the original mortgage or the unit's unpaid common expenses an.regular perinuA-V;— tb,- �x1o,+t.----A-+-I- 11: =v ascacsmaniuullllV L11\. Jli111L113 11111GUIaLGly... ..a:...,.. PICA GU111g the acquisition of title). This limitation, referred to as the "Statutory Cap", allows banks and lending institutions to pay less than their fair share, which increases the condominium associations' financial risk. The Statutory cap negatively impacts the associations' financial stability and is further exacerbated by the excessively slow pace that foreclosure lawsuits, which are filed by the first mortgagees, proceed to judgment and to foreclosure sale. 12/10/2008 Page 2 of 2 To develop awareness and encourage participation among the affected associations, I have collaborated with several Florida municipalities to hold Special Town Hall Meetings to foster interest in this much needed condominium foreclosure reform. I have further asked associations and municipalities to pass resolutions calling for an amendment to State Statute 718.116. On November 5, 2008, the City of Miami Beach was the first to pass a resolution "supporting amendments to the Florida Statutes to increase mortgage holders' responsibility for delinquent condominiums, co-operative, and homeowner associations' fees on foreclosed units." (Please see enclosed copy of resolution.) Mayor, kindly consider placing a similar resolution of support on your next agenda. I ask that should your commission/council approve a similar resolution, a copy be faxed to me at 305-673-7096 or sent via e-mail to Jerr miamibeachffgov. Once I have received the resolution it will be hand delivered, along with thousands of resolutions from condominium associations and other Florida municipalities, to the Governor and the State Legislature for action during the 2009 legislative session. Julio Robaina, State Representative and Chairman of the Select Committee on Condominium Governance, will sponsor this legislation, so we will have a good chance to succeed in making the needed changes to Statute 718.116. Thank you in advance for your consideration and please feel free to call me at 305 673 7106 if you would like additional information. Sincerely, 1 Jerry Libbin Attachment MIAMMEACH Enid Rodriguez, Aide to C-OMMi—ionor leP1y� t_;bb n OFFICE OF THE MAYOR AND COMMISSION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673_7105 Fax.: 305-673-7096 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live; work and play in our vibrant, tropical, historic community. 12/10/2008 20 V 10: 32 MIAMI BEACH OFFICE 0f THE CITE' MANAGER NO, LTC # 300-2008 LETTER TO COMMISSION TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager CRATE: November 18, 2008 SUBJECT: City of North Miami Beach, Florida - Resolution Encouraging The Eleventh Judicial Circuit Court of Miami -Dade County, Florida, To Establish A Residential Mortgage Foreclosure Diversion Pilot Program. Attached for your perusal is a copy of the City of North Miami Beach, Florida Resolution No. R-2008-50. JMG/ PAb UTM-� C.0ocurnents and Setbngs,cmgrwaIWLocaI SetfingslTernporary Internet File!E�OLK239�cityofnorthmiamibeachresolutionr2OO8-M LTC. d oc SOLD ION NO. WOOS-% A RESOLUTION OFTIJE -NL4YO'R AND CITY C0i61SCII, 012 THE CITY OY'NORTH NiTAMI BEACH, FLORWA, JOINING OUR SISTER CITY OF NORTH WAIN11 IN LINCOURAGEVG THE ELEVEN-TH JUDICIAL CIRCUIT COURT OF MIAW-DADE COUNTY, FLORIDA, TO ESTABLISH A RE-STY)EMIAL MORTGAGE FORECLOSME DIVERSION PILOT PROGRAM; ENCOURAGIN-C, ALL MUNICIPALITMS INIMIAMI-DADF, COUNTY TO ADOPT SINULAR RESOLUTIONS; AND DIRECTLNG THE CITY CLERK TO TAM', ALL Nf,'CESSARY ACTION TO TRANSWr THIS RESOLUTION TO THE CHIEF JUDGE OF THE EILEVENTIT JUDICIAL CIRCUIT COURTl PROVIDING All EFFECTIVE- DATE AND FOR ALL OTHER PURPOSES. 'WHEREAS, due to dw current ezvaornic vmsi3 the numbet of foreclosures in the State of Florida has risen and Florida now has the :Seca nd 2argc9l rimber of formlosurus in the nation; m WWOZEAS, an enormous nuznbcr of Miami -Dade residents arc facing foreclo,;ure of a theix 1winestead property; and WHEREAS, the City of Philadelphia has imi�tuted a rc-sidcu" martgage ticreclo.wrc diversion pilot program designed to assist both owner-Ozouri&l and non--o,,%mer occupied properties curraidy facing foreclasure; and WHEREAS, the PilitalcIrWa Program I -as bt-m able to m7e- approx-ireately 8-gjitj perocni; 690%) ofthr pmperties, from ftwher foreclwsune-- and WHERZAN, the nurnber of rcsidcn-ts, of the Cid of Nor-bMiawd Beach facing forcclosurc is disturbing and the City shou.16 take miiawvcr lc&lativc anion possible to HSSiSt its s i d -2 rits ir, re, W ning th c,--- Ft opt — E Y t i wn et % and W-flYttlKA-8. the residential mart -gage foreclosure diversion Pi't-t Program offers I-, (nmeowners an Opportunity for further conciliation confi.rcna." prior to final foreclosure; arc 11,11EREAS, the Mayor and City Council wish to groin ow sister Citi of Norffi, Mimi and strongly recminmejid that the Fleventh �ucjcial Circuit Ckmv rtview the. prograrn in tho Judicial Disuict of Philadclphia and embli-sh i similhir T,,,rogram 'for thB aml rroperiy owners in Miw-mi-Dude County, Florida- RFSOLU"11ON R2008-50 Im m Sim NOW, THERM)RE, Bl- " IT RESOLVED bY Zht City Cowici) Of Tht City of North Miami Beach Sm -tion 1. Ilio 144YO.r anA City Coundl hcrcby strongly mco,,Uage the F_kvcnth judical Circuit Cnart of Miann-Dade Cojnty, Florida to --giablish a Residential Mortgage Foreclostire Di -version Pilot Ptugrarn' to assist the proflcrtY Ow-liers of Nliamj-Dade who are facing fo reclo,-q:re, Furthemlore, div, T'NEavor and City Council encoumgc other rntmicipatiLies of Mianii-Dade Cotuity to adopt a simi!ar resolution sunD-thig they Proposed program. Tac diversion program p should incluce recorurnendations thm financial instiWoabe encouraged to convert adjustable ria c mortoaSer, (AWS) To a Excd rate mortgage and to cy.-Lead the arnordzat;ar. pe-Tiods, In addition, they Should It cnmu:ragcd, wliere appropriate, to write down a portion of overstated real PrqJeTtY values and attempt ftiturt. re overy at the tail and of the deht, if there is R pania' rtw-ven' in valuebut alder ro circurnstanoes execed the wiprovidcd overgtaterr.t:nc in real Property. Se0jun 2. Thr City Clc-*k is hereby directed +,,3 tak-L all jjczc.ssary action to transmit a copy of this resolution to the Chief JudVo of &-c Eleventh Judicial Circuit Cou.-t of Miatni-Elade County, Florida and all other iriunicipalitim in lyfian'xi-Dade Coualy, Florid& Section 3. 'niiz; resolution shl be effective immediately upon tidoptiorl. the City of North Miami Beach City Councit aL the wembex, 24308- 1 F, R-I.ARIN 44AVn-p 0 FOR (C -1-11-Y SEAL,-) ��FRVV "`T�-AS 44 �-' --'� �Ijl -HOWAWB. LINTARD Cl'1 Y ATTORNEY SPONSOR}-DBY, klayorkayrnondf'.N-Iari- -i Cit;' Coullcil RESOLUTTION fLN108-50 Meeting Type: Regular Meeting Date: 12-16-08 AGENDA Heading Discussion Item 10 No. Staff is seeking City Council's approval to start negotiations. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: FIVE-YEAR RENEWAL OF THE SOLID WASTE AGREEMENT WITH WASTE MANAGEMENT OF FLORIDA, INC. DEPT/DIVISION: LEGISLATIVE Requested Action: City Council authorize staff to start negotiations on a five-year renewal of the Solid Waste Agreement with Waste Management of Florida, Inc. Summary Explanation & Background: The current Solid Waste Agreement expires on 09-30-2009. Pursuant to Paragraph 23.3 Renewal, the Solid Waste Agreement may be renewed for (2) additional (5) year terms. Staff is seeking City Council's approval to start negotiations. Please advise. Exhibits Attached: Solid Waste Agreement; First Ainendnleiit to Agreement City Manager's Office - Department LEGISLATIVE cape iii \nli„iii,Yuu�uu,cii��\autultt\�vuttc,ll\t[[CCLIII CJ \LUU25\1G-1b-U2i\W1T[. OOC RESOLUTION NO. 2004-38 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING A FIVE-YEAR EXTENSION TO THE GARBAGE COLLECTION AND RECYCLING SERVICES AGREEMENT WITH WASTE MANAGEMENT OF FLORIDA, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City entered into a Garbage Collection and Recycling Service Agreement dated November 18, 1997 as amended; and WHEREAS, the City and Waste Management of Florida, Inc. desire to exercise the five-year extension clause stated within the November 18, 1997 Garbage Collection and Recycling Services Agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The City shall enter into a five-year extension that will expire on September 30, 2009 for Garbage and Recycling Services subject to the rates, terms and conditions outlined in Appendix "A", attached hereto and incorporated herein by reference. SECTION 2. The Agreement shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida this 19th day of October. 2004. Rock Ud�el A (7 ATTEST: Susan Stills, CITY C9_ERK APPROVED AS TO FORM: Z Anthony Garganese, CITY ATTORNEY Bob Hoog Jim Morgan Buzz Petsos Rocky Randels FOR AGAINST Motion X X X Richard Treverton Second SOLID WASTE AGREEMENT THIS AGREEMENT made and entered into this 1 st day of October, 2004, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, located at 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City") and WASTE MANAGEMENT OF FLORIDA, INC., a Florida Corporation, located at 7382 Talona Drive, W. Melbourne, Florida 32904 (hereinafter "Contractor"). WITNESSETH: WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials from residents, businesses, and other entities within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, Contractor has the necessary equipment, personnel, and experience to properly perform the collection and disposal services described herein; and WHEREAS, it appears to be in the best interests of the public health, safety, and welfare of the citizens of the City of Cape Canaveral and its resident businesses and entities to award a franchise to Contractor to provide for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials upon the terms and conditions more particularly described herein. NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein, the City and Contractor agree as hereinafter set forth: 1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by reference. 2.0 Definitions. The following words and phrases contained in this Agreement shall have the meaning ascribed in this section unless the context clearly indicates otherwise: 2.1 Authorized Representative: Shall mean the City Manager or his designee who shall represent the City in the administration and supervision of the Agreement. The City Manager's designee, if any, shall be appointed in writing, and said appointment may be for the administration and supervision of this Agreement, in whole or in part. 2.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste which contain human - disease -causing agents; used or contaminated disposable sharps (e.g. hypodermic Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 1 of 43 needles, syringes, broken glass, and scalpel blades), human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. 2.3 Biological Waste: Shall mean solid waste that cause or has the capability of causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. 2.4 Bulk Trash: Shall mean any non -vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, and furniture and shall not be commingled with vegetative waste. 2.5 City: Shall mean the City of Cape Canaveral, a Florida Municipal Corporation located in Brevard County, Florida, acting through its City Council or Authorized Representative. 2.6 City Council: Shall mean the City Council of the City of Cape Canaveral, Florida. 2.7 City Code or Code: Shall mean the Code of Ordinances of the City of Cape Canaveral, Florida. 2.8 Collection and Disposal Service: Shall mean the process whereby refuse, bulk trash, vegetative waste, or recyclable material is collected and transported for disposal by Contractor under this Agreement to a designated facility or some other approved disposal facility. 2.9 Collection Equipment: Shall mean any vehicle or equipment that is used by Contractor to perform the collection and disposal service required by this Agreement. 2-10 Collection Vehicle: Shall mean any vehicle that is used by Contractor to perform the collection and disposal service required by this Agreement. 2.11 Collection Regulations: Shall mean any local, state, and federal laws and administrative rules that regulate any and all aspects of collection and disposal services, as may be in existence during the term of this Agreement. 2.12 Commercial Service: Shall herein refer to the collection and disposal service provided to business establishments, churches, schools, multiple dwelling units; office buildings and other commercial establishments. 0olid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 2 of 43 2.13 Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, furniture, appliances, wood, paper or cardboard boxes or containers, sweepings, and any other similar accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other commercial establishments. Commercial trash shall not include special waste. 2.14 Complaint: Shall mean verbal or written indication from a customer or the Authorized Representative of a problem with any aspect of the collection and disposal services provided by Contractor pursuant to this Agreement, whether or not the problem results in a service call by Contractor. 2.15 Construction and Demolition Debris: Shall have the same meaning proscribed in 62-701.200(27), Florida Administrative Code, which at the effective date of this Agreement means: Discarded materials generally considered to be not water soluble and non -hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project. Further, except as provided in Section 403.707(12)0), Florida Statutes, this term shall also include unpainted, non -treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non -treated wood pallets provided the wood scraps or pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices ofthe generating industryto minimize the commingling ofwood scraps or pallets with other solid waste; and de minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. 2.16 Contract or Agreement: Shall mean this Contract, and any amendments and renewals from time to time, executed by the City and the Contractor for the performance of the collection and disposal services described herein. 2.17 Contractor or Franchisee: Shall mean Waste Management of Florida, Inc. and its directors, officers, employees, agents, contractors, and assigns. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 3 of 43 2.18 CPI: Shall mean the Consumer Price Index (1982-84=100) for the U.S. City average - all items - all urban customers - south, population less than 50,000, published by the United States Department of Labor, Department of Labor Statistics. 2.19 Customer: Shall mean City and any person, establishment or entity who receives, is required to receive, or requests collection and disposal services within the service area. 2.20 Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Authorized Representative. 2.21 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for the disposal of solid waste collected by the Contractor in performing collection and disposal services provided hereunder. 2.22 Dispute: Shall mean a disagreement between Contractor and City concerning a question of fact, interpretation of this Agreement, Contractor's compliance and performance with the terms and conditions of this Agreement, and Contractor's level of service provided while performing collection and disposal services. A dispute does not include a disagreement concerning an annual evaluation as provided in paragraph 9.3. 2.23 Franchise: Shall mean an initial authorization or renewal thereof, voluntarily entered into by the Contractor and issued by the City, whether such authorization is referred to as a franchise permit, license, ordinance, resolution, agreement, contract or otherwise, which authorizes collection and disposal services within the service area. All Franchises shall be presumed to be non-exclusive unless otherwise specifically authorized by City in writing. Any such authorization, in whatever form granted, shall not mean or include any franchise or permit required for the privilege of transacting and carrying on a business within the service area as required by other Code provisions and ordinances of the City. 2.24 Garbage: Shall mean all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Garbage shall not include special waste. 2.25 Hazardous Waste: Shall mean waste defined as hazardous waste pursuant to local, state, and federal law. 2.26 Household Trash: Shall mean the accumulation of paper, excelsior, rags; wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, whole automobile tires (not to exceed an amount permitted by the designated facility), cuuu Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 4 of 43 construction and demolition debris from "do-it-yourself' projects not to exceed two cubic yards per customer per collection, and all other accumulations of a similar nature other than garbage and vegetative waste, which are usual to housekeeping, Bo - it -yourself home improvements, and home occupations (as defined by City Code). 2.27 Mechanical Container: Shall mean and include plastic or metal containers 2 cubic yards and greater dumped mechanically by a collection vehicle and able to be serviced by Contractor. 2.28 Multiple Dwelling Units: Shall mean any building containing three (3) or more permanent living units, not including motels and hotels, and any mobile home park. 2.29 Performance and Payment Bond or Letter of Credit: Shall mean the form of security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will perform the collection and disposal services in accordance with the terms of the Contract. 2.30 Recyclable Materials: Shall mean newspapers (including inserts), aluminum cans and tin cans, plastic containers (HDPE and PET), brown, clear and green glass bottles and j ars, and other solid waste materials added upon written Agreement between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 2.31 Recycling: Shall mean any process by which recyclable materials are collected, separated, and processed for purposes of extracting or reusing the raw materials contained in the recyclable materials. 2.32 Recycling Container: Shall mean a fourteen (14) gallon recycling bin used by residential customers and one or more ninety (90) gallon recycling center bins for commercial and multiple dwelling unit customers, or other types of recycling bins approved by the Authorized Representative, to store recyclable materials for collection and disposal service. 2.33 Refuse: Shall mean commercial trash, household trash and garbage, or a combination or mixture thereof. 2.34 Refuse Container: Shall mean a plastic or galvanized metal can, of a type which is commonly sold as a garbage can, which does not exceed thirty-two (32) gallon capacity or fifty (50) pounds in weight when full. Each such can shall have two (2) 1-___-"_-- it-- -�J-- -rte,-- - --•„ , , uauules upon lie sides o the can or a Wali ny which it may be lifted by a person and shall have a tight fitting top and shall also mean disposal plastic or paper bags (with or without sack holders and not less than 1 mm thick) of a type which is acceptable to be used for refuse storage and disposal. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 5 of 43 2.35 Rolloff Container: Shall mean a dumpster which is used for the collection and disposal of construction and demolition debris or solid waste. The rolloff container may be of the open or enclosed variety and is typically hoisted onto a specifically equipped truck for transporting the construction and demolition debris or solid waste to a designated facility. 2.36 Residential: Shall mean single family detached homes, duplexes and triplexes. 2.37 Residential Service: Shall mean collection and disposal services provided to persons occupying residential dwelling units who are not receiving commercial service under this Agreement. 2.38 Service Area: Shall mean the area within the municipal boundaries of the City of Cape Canaveral, Florida, as may be modified from time to time pursuant to Chapter 171, Florida Statutes. 2.39 Sludge: Shall mean the accumulated solids, mixed liquids, residues, and precipitates generated from wastewater treatment, water supply treatment, air pollution control facilities, septic tanks, grease traps, privies, or similar waste disposal appurtenances. 2.40 Solid Waste: Shall mean bulk trash, refuse, vegetative waste, and recyclable materials or any combination thereof. 2.41 Special Waste: Shall mean solid wastes that require special handling and management by Contractor; and which are not accepted at the designated facility or other disposal facility or which are accepted at the designated facility or other disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires which do not constitute household trash. used oil. lead -acid batteries, and biohazardous wastes. 2.42 Transfer means the disposal by this Agreement, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or more at one time of the ownership or controlling interest of Contractor, or thirty-five percent (35",=x) cumulatively over the terrn of the Agreement of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control. Transfer shall not include any transfer or assignment to a person controlling, controlled by, or under the same common control as the Contractor at the effective date of this Agreement. 2,43 Vegetative Waste: Shall mean any vegetative matter resulting from routine and noiiitaI yaiu al -ILL 1anu3cCLFII18 1111ai11LUIUMCe generated 011 site and snail include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative matter usually produced in the care of lawns, landscaping and yards. Solid Waste Agreement City of Cape Canaveral 1 Waste Management of Florida, Inc. Page 6 of 43 3.0 Grant of Franchise. There is hereby granted to Contractor an exclusive right, privilege or franchise to collect and transport for disposal solid waste within the service area, during the term of this Agreement and subject to the limitations and conditions as set forth in this Agreement. All rights granted to Contractor hereunder shall be subject to the continuing right of the City to regulate the City's rights-of-way and to protect the public health, safety, and welfare as shall, at the sole discretion of the City, be in the public's interest. The grant of this franchise shall not affect the City's right to provide collection and disposal services not expressly and unambiguously provided hereunder to Contractor on an exclusive basis or during an emergency. In the event of any conflict or ambiguity hereunder as to whether a collection and disposal service is exclusively granted to Contractor, the conflict or ambiguity shall be construed as granting Contractor a non-exclusive franchise with respect to the collection and disposal service at issue. Nothing under this Agreement shall be construed as providing any franchise for collection and disposal services not expressly provided for hereunder. 4.0 Scope of Work. It is the intent of this franchise to provide for the exclusive collection and disposal service of solid waste within the service area, with the exception of the exclusions specifically set forth in this Agreement. Contractor shall perform the collection and disposal service under the following terms and conditions, all of which shall be a material part of this Agreement: 4.1 General Requirements: Contractor shall fully comply with the following: A. Laws and Regulations. Contractor shall be familiar and comply with all collection regulations and shall be solely responsible for determining, absorbing, and adjusting to the financial and practical impact such regulations have on its operation, subject to Contractor's ability to petition the City Council for a rate adjustment pursuant to paragraph 5.6 of this Agreement. B. Labor, Insurance, Equipment, etc. Contractor shall provide, at its sole cost and expense, all labor, insurance, supervision, machinery, equipment, plant and office buildings, tracks, and other tools, equipment, and accessories necessary to perform the collection and disposal services in accordance with the level of service required by this Agreement. C. Protection of Public/Private Property and Utilities. Contractor shall conduct his work in such a manner as to avoid damage to private or public property and shall repair or pay for any damage caused by its operations. except reasonable wear and tear to roadways. Contractor shall have knowledge of all existing utilities and it hall npeiate witl1 dµP car i1"1 tl'1P vicinity of such utilities and shall repair or have repaired, at no additional cost Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 7 of 43 to the customer or utility owner, any breakage or damage caused by its operations. D. Spillage. Contractor shall not cause any spillage of solid waste to occur upon private or public property or the rights-of-way wherein the collection and disposal service occurs. Collection and disposal service shall be performed by Contractor to avoid leaking, spilling, and blowing of solid waste. In the event of any spillage caused by Contractor, Contractor shall promptly clean up all spillage at its expense. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up spillage. In addition, Contractor shall promptly clean up all fluid spillage from collection equipment to the maximum extent feasible and promptly notify the Authorized Representative of all such fluid spillage. E. Designated Facility. All solid waste shall be hauled to a designated facility as directed in writing by the Authorized Representative and disposed of at those facilities. At present such designated facility includes the Brevard County disposal facility. F. Holidays. Contractor shall not provide collection and disposal service on holidays observed by the City. The City shall provide a list of such holidays to the Contractor annually. Any disposal and collection service that would have been regularly provided, but for the holiday, shall be provided the day after the holiday. Further, unless otherwise directed by the Authorized Representative in writing, Contractor shall maintain the frequency of collection required by paragraphs 4.2(A), 4.3(A), and 4.4(A) during holiday weeks. Contractor shall inform the customers of any variance in the collection schedules resulting from a holiday at least five (5) days prior to each holiday. G. Contractor's Office. Contractor shall provide, at its sole cost and expense, a suitable office located within reasonable proximity to the service area. Within said office, Contractor shall maintain, during Contractor's normal working hours, a staff and a local telephone number where complaints and requests for collection and disposal service shall be received, recorded in a log, and handled during Contractor's normal working hours. The office shall also provide for a means to promptly handle emergency complaints and requests for service. H. Litter and Dangerous Animals. Contractor shall not be responsible for scattered solid waste -which ran be rategorizeri as litter unless the same has been caused by Contractor's acts or omissions, in which case, all such Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 8 of 43 scattered solid waste shall be picked up immediately by Contractor. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up such scattered solid waste. Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs and animals, roaming at large, in order to accomplish collection and disposal services. However, in the event Contractor is unable to provide collection and disposal services to a customer under such conditions, Contractor shall immediately notify the customer, in writing, of such conditions and its inability to provide such collection and disposal services. I. Hours and Days. Except for unusual circumstances approved by the Authorized Representative in writing or as otherwise provided elsewhere in this Agreement, Contractor shall not perform collection and disposal services prior to 7:00 A.M. or after 7:00 P.M., E.S.T., Monday through Saturday. No collection and disposal services shall normally occur on Sundays and holidays designated in paragraph 4.1(F) unless authorized in writing by the Authorized Representative. J. Tagging Solid Waste Improperly Containerized. In the event solid waste is not containerized, bundled, or piled pursuant to this Agreement and Contractor does not perform collection and disposal services regarding such solid waste, Contractor shall tag the container, bundle, or pile or subject property with a written notice containing a brief explanation why the container, bundle, or pile was not collected and disposed of and promptly notify the Authorized Representative. The solid waste shall be collected and disposed of at the next regularly scheduled collection day, provided the solid waste is properly containerized, bundled, or piled. K, Customer Report; City Billing Database. Contractor and City agree that the monthly customer report required to be maintained and filed by Contractor pursuant to paragraph 19.3(A) is vital to keeping an accurate account of all customers receiving collection and disposal services under this Agreement and for ensuring accurate billing of customers by City. To this end, Contractor and City agree that each party must diligently maintain an accurate, up-to-date list of customers and the collection and disposal services received by those customers. The Contractor shall promptly notify the City of any new and existing Customers requesting collection and disposal services and any current Customers terminating such services. L. Site Plan/Development Review. City shall notify Contractor of pending Ri_tf-. nlan and development review annlications in order to give Contractor an Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 9 of 43 opportunity to comment during the review process on the placement of refuse or mechanical containers and the point of collection of solid waste. 4.2 Residential Service. Contractor shall provide residential collection and disposal service to residential customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be within five (5) feet of curbside. In the event an appropriate location cannot be agreed upon by the customer and Contractor, the Authorized Representative shall designate the location. The Contractor and Authorized Representative shall mutually agree upon point of collection locations for non -conforming service areas. For customers that are certified by a doctor as disabled and are unable to place household trash, garbage, or recyclable materials at the curb, collection shall be from the disabled customer's garage door or some other location acceptable to the customer, and the refuse container and recycling container shall be returned by Contractor to the garage door or other location reasonably convenient to customer. C. Containers and Preparation. 1. Household Trash and Garbage. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated from residential customers which has been properly prepared and stored in a refuse container provided under the Automated Cart Program. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from residential customers which have been properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from residential customers provided tree limbs, tree trunks, palm fronds, etc., shall be cut .n lengths of no greater than four (4) feet n vj Qbnll not exceed a weight of fifty (50) pounds each. Additionally, vegetative Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 10 of 43 waste shall be properly prepared and stored in refuse containers (except plastic bags), specialized vegetative trash bags approved by the designated facility, or small pieces of vegetative waste shall be in bundles secured by rope, string, twine, cord or tape and large pieces of vegetative waste shall be placed in orderly piles. Each container, bag, or bundle shall not exceed a weight of fifty (50) pounds. 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated from residential customers regardless of whether it is containerized. 4.3 Commercial Service. Contractor shall provide commercial collection and disposal service to commercial customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for commercial trash and garbage at least two (2) times per week, and more frequently as mutually agreed to by Contractor and the commercial customer, and for vegetative waste and recyclable materials (if vegetative waste and/or recyclable material service is requested by customer) not less than once per week. B. Point of Collection. Collection of commercial trash, garbage, vegetative waste, and recyclable material shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a City or County site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Commercial Trash and Garbage. Contractor shall be required to provide collection and disposal services for all commercial trash and garbage generated by commercial customers which has been properly prepared and stored in a refuse container, mechanical container, rolloff container, or compactor under the following conditions - a. Customers shall be permitted to use refuse containers provided the amount of commercial trash and garbage per Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 11 of 43 collection can be stored in a maximum of four (4) refuse containers; otherwise, customers shall be required to use one or more of the following: mechanical containers, compactor service, or rolloff containers. b. Contractor shall be required to provide an adequate number ofinechanical containers, compactors, or rolloff containers to customers who request or exceed the maximum number of refuse containers. Mechanical containers and rolloff containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container or rolloff container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. 2. Recyclable Materials. Contractor may provide collection and disposal services for recyclable materials generated from commercial customers who specifically request such service or as required by City. If requested, recyclable materials shall be properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative materials generated from commercial customers who specifically request such service or as required by City. If requested, vegetative waste shall be containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) of this Agreement. If required by City, vegetative waste shall be collected and disposed of regardless of how it is containerized and prepared. 4.4 Multiple Dwelling Units. Contractor shall provide collection and disposal service to multiple dwelling unit customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 12 of 43 However, in the event the location was approved as part of a City or County site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Household Trash and Garbage. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated by multiple dwelling units which has been prepared and stored in a refuse container, mechanical container, or compactor under the following conditions: a. The multiple dwelling unit customer shall be permitted to use refuse containers provided the amount of household trash and garbage per collection can be stored in a maximum of four (4) refuse containers; otherwise, customers shall be required to use mechanical containers or compactor service. b. Contractor shall be required to provide an adequate number of mechanical containers or compactors to customers who request or exceed the maximum number of refuse containers. Mechanical containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from multiple dwelling unit customers which have been properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative materials generated from multiple dwelling unit customers who specifically request such service or as required by City. If requested, vegetative waste shall be containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) of this Agreement. If required by City, vegetative waste shall be collected and disposed of regardless of how it is containerized and prepared. Solid Waste Aereement City of Cape Canaveral / Waste Management of Florida, Inc. Page 13 of 43 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for bulk trash generated from multiple dwelling unit customers regardless of whether it is containerized. 4.5 City Controlled Property. As requested by the Authorized Representative, Contractor shall be required to provide collection and disposal services for all refuse, bulk trash, vegetative waste, and recyclable materials generated by City at properties owned, leased, or otherwise controlled by City. In addition, Contractor shall provide such collection and disposal services for any and all City sponsored special events as agreed to by City and Contractor, and for all City public receptacles located along or in public rights-of-way, sidewalks, beaches, and public recreational facilities. Such collection and disposal services shall be at no charge or expense to City. A. Frequency of Collection. Unless otherwise directed by the Authorized Representative in writing, Contractor shall provide collection and disposal services for refuse at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of refuse, bulk trash, vegetative waste, and recyclable materials shall be at locations designated by the Authorized Representative, with consideration given for the safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Defuse. Contractor shall be required to provide collection and disposal services for refuse generated by City which has been properly prepared and stored in a refuse container or mechanical container as determined by the Authorized Representative. Contractor shall be required to provide the mechanical container at Contractor's expense. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated by City which have been properly prepared and stored in a recycling container or other container mutually agreed to by the Authorized Representative and Contractor. 3. Vegetative Waste. Contractor shall be reauired to provide collection and disposal services for all vegetative waste generated by City provided the vegetative waste is containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) of this Agreement. Notwithstanding, Solid Waste Aereement City of Cape Canaveral / Waste Management of Florida, Inc. Page 14 of 43 Contractor and City may mutually agree to some other method of preparation and storage for significant City projects which generate significant amounts of vegetative waste. 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated by City regardless of whether it is containerized. 4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste. Contractor shall not be responsible for collection and disposal services for biohazardous waste, biological waste, hazardous waste, sludge, and special waste under this Agreement. However, to the extent qualified and licensed, Contractor may contract with persons and entities within the service area, along with other qualified and licensed contractors, to provide for such collection and disposal services. Contractor shall directly bill such persons and entities for such services at a rate mutually agreed on between Contractor and such persons and entities. 4.7 Construction and Demolition Debris Service. Contractor may provide collection and disposal service of construction and demolition debris to residential, multiple dwelling unit, and commercial customers as follows: A. Non-exclusive Right. Contractor shall have the non-exclusive right to provide collection and disposal services for construction and demolition debris utilizing rolloff containers, as that term is defined in paragraph 2.35 of this Agreement, or other appropriate containers. It is the intent and purpose of this Agreement to permit small haulers of construction and demolition debris to competitively operate within the service area. Contractor may competewith said small haulers byproviding collection and disposal services for construction and demolition debris. Contractor shall directly bill such services at a rate mutually agreed on between Contractor and such person and entities receiving the services. B. Frequency of Collection. Contractor shall provide collection and disposal services for construction and demolition debris utilizing rolloff containers or other appropriate containers to customers that specifically request such service or as required by City. Said collection and disposal services shall be provided as frequently as mutually agreed to by Contractor and the customer or as required by the Authorized Representative or City Code to protect the „1114 1,0 1+11 f +<, -A ,�1� puvuC ucai�u, SalCLy, auu w�ilaiCr. C. Point of Collection. Collection of construction and demolition debris shall be at a location mutually agreed upon by the customer and Contractor, Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 15 of 43 provided, collection shall be located within the boundary of the property served, unless otherwise approved by the Authorized Representative. D. Containers and Preparation. Contractor shall be required to provide one or more rolloff containers or other appropriate containers of a size and number mutually agreed to by Contractor and customer. 4.8 Code Enforcement. Upon request of the Authorized Representative, Contractor shall assist the City in its code enforcement efforts by providing collection and disposal service of solid waste and construction and demolition debris located on real property in violation of the City Code. 4.9 Automated Cart Program. Contractor has the capability of providing certain automated equipment which maybe utilized in conjunction with a toter cart program for garbage and vegetative waste collection ("Automated Cart Program"). By April 1, 2005, Contractor shall implement the Automated Cart Program pursuant to operational terms and conditions negotiated with the City, provided that same shall not result in an increase in total cost to the City. At each customer's option, Contractor shall utilize either a ninety-six (96) or sixty-four (64) gallon size container. 4.10 Tire Collection. Contractor shall provide weekly tire collection and disposal services to residential customers at no additional charge. 5.0 Rates and Charges; Compensation to Contractor; Franchise Fee Billing. 5.1 Rates; Compensation to Contractor. For collection and disposal services provided under this Agreement, City shall pay Contractor as follows: A. Residential Service. For residential service provided pursuant to paragraph 4.2 of this Agreement, a monthly amount, per customer, equal to $9.18 inclusive of refuse and vegetative waste and recycling. B. Commercial and Multiple Dwelling Mechanical Container Service. For any container service, including commercial and Multiple Dwelling Units) provided pursuant to paragraphs 4.3 and 4.4 of this Agreement, a monthly amount equal to: $27.96 per containerized yard, per pickup $4.00 per containerized yard, per pickup for special services in addition to normal services provided under this Agreement - Solid Waste A¢reement City of Cape Canaveral / Waste Management of Florida, Inc. Page 16 of 43 C. Multiple Dwelling Recycling Service. For multiple dwelling recycling service provided pursuant to paragraphs 4.4(C)(2), a monthly amount equal to $1.66 per unit. D. Commercial Rolloff Container Service. For commercial rolloff container service provided pursuant to paragraph 4.3(C)(1), an amount equal to: Minimum of 1 pull per month as follows: Container delivery, per container $50.00 20 cubic yard box 30 cubic yard box 40 cubic yard box $135.00 per pull $160.00 per pull $185.00 per pull E. Code Enforcement. Upon request of the Authorized Representative, Contractor shall provide solid waste and construction and demolition debris collection and disposal service to City for code enforcement related matters at no charge to the City. F. Compactor Service. For compactor service provided pursuant to paragraphs 4.3(C)(1) and 4.4(C)(1) of this Agreement, an amount mutually agreed to by Contractor and the Customer. G. Multiple Dwelling and Special Vegetative Waste Service. For Multiple Dwelling Units and special vegetative waste collection and disposal service for residential and commercial Customers not provided for hereunder (vegetative waste by virtue of its size or weight exceeds routine and normal yard and landscaping maintenance generated on site), in addition to any applicable monthly customer service provided hereunder, an amount equal to: Quarter Clam Load $ 30.00 Half Clam Load $ 60.00 Three Quarter Clam Load $ 90.00 Full Clam Load $120.00 H. Commercial Can and Multiple Dwelling Refuse Container Service. For commercial can and multiple dwelling refuse container service provided pursuant to paragraphs 4.3 and 4.4 of this Agreement, a monthly amount equal to: Individual Commercial Accounts with trash cans: $10.88 per month, per unit Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 17 of 43 Mobile Homes and Multiple Dwelling Units: $4.74 per month, per unit 5.2 Consumer Price Index Adjustment. The rates in paragraph 5.1 shall remain unchanged during the term of this Agreement unless the growth in the gross revenue generated from all collection and disposal services required hereunder falls below five percent (5%) for a particular year. If the gross revenue growth rate falls below five percent (5%), the rates shall be adjusted by the CPI. Each new rate shall be computed pursuant to the following mathematical formula: New Rate = [CPI2 - CPI I1 +1 x Current Rate CPI1 "CPIl" The published CPI for the month of October of the preceding year. 11CPI2" The published CPI for the month of October for the year in which the rate is being adjusted. Adjustments to the prices made in accordance with this subsection are intended to reflect changes in the purchasing power of a given amount of money expressed in dollars. If CPI1 and CPI2 are not expressed in relation to the same base period or if a material change is made in the method of establishing CPI, the City and the Contractor shall make an appropriate statistical adjustment or conversion. If the CPI is discontinued, the City and the Contractor shall mutually select another index published by the United States Government or by a reputable publisher of financial and economic indices. 5.3 Billing Customers by City. Customer billing shall be established and enforced by City Code. The City shall provide the customer billing for all collection and disposal services provided by Contractor- under this Agreement, unless otherwise specifically stated herein. City shall perforin said billing by means and at times deemed appropriate by City. Contractor shall fully cooperate with City in customer billing. Contractor agrees to reimburse the City an amount equal to the City's actual cost for billing Contractor's services under this Agreement. Contractor and City acknowledge that the City currently contracts with the City of Cocoa to bill Contractor's services and that the cost is currently equal to $0.35 per each customer bill. 5.4 Billing and Payment Procedure: Unless otherwise provided by the Authorized Do .-.+-+; + 1.:11: ...a .,. _ r.. + t ..L..il L_ 1- 1\L�plesellLa LlVC, l UZ5LV111e1 U111111g allU PaY111CUL LV %iV11L1aULV1 Slla.11 be 111 accoruance with the following procedure: Solid Wacte. Aoreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 18 of 43 A. Unless otherwise specifically provided in this Agreement or mutually agreed by the City and Contractor in writing, the City shall provide all Customer billing for collection and disposal services provided under this Agreement. Contractor shall, however, provide Customer billing when special rates and services apply and for roll -off services. B. The Contractor shall certify to the City on the third Friday of each month the number and size of all Customers and containers. The City shall reconcile Contractor's information with the City's records. The City and Contractor shall make appropriate adjustments to their respective billing and service data records to reflect those customers and services that should be billed based on the City's reconciliation. C. City shall submit to the Contractor a monthly statement for collection and disposal services rendered under this Agreement for the preceding month. The statement shall be in a format reasonably requested by the Contractor. The Contractor shall verify the customer services and amounts on the statement and shall make appropriate adjustments to City's statement invoice to reflect any errors contained therein. City shall not be responsible or liable if Contractor fails to properly verify the data on the statement. D. By the 25`'' of the following month of receipt of City's monthly statement, City shall pay Contractor the amount of the adjusted statement for the preceding month, less City's total monthly customer billing charge in accordance with paragraph 5.3 herein. The Franchise Fee charged in accordance with paragraph 5.5 herein shall be directly billed to the customer and collected by City. 5.5 Franchise Fee. At the City Council's sole and absolute discretion, the City reserves the unconditional right to charge Contractor, from time to time, a Franchise Fee equal to an amount permitted by law. The Franchise Fee shall not be construed as a tax_, but shall be considered a payment to the City in exchange for the rights and privileges granted by this Franchise. The Franchise Fee shall be passed along to the customer and remitted by customer directly to City pursuant to paragraph 5.4(D). 5.6 Contractor's Petition for a Rate Adjustment. The Contractor may petition the City to adjust the rates in paragraph 5.1 herein based upon unusual and unanticipated increases in the cost of doing business, including but not limited to a change in any collection remulation or change :n the Cpl. _.Y such request shall be supported by full documentation establishing the increase in operating costs and the reasons therefor. The City shall be entitled to audit the Contractor's financial and operational Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 19 of 43 records directly related to the Contractor's request in order to verify the increase in costs and the reasons therefor. The Contractor's request must be made within a reasonable time, and shall contain reasonable proof and justification to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information within its possession as may be reasonably necessary in making its determination. The City Council shall approve or deny the request (without penalty), in whole or in part, at its sole and absolute discretion, within sixty (60) days of receipt of the request and all other additional information required by the City. 6.0 Schedules and Routes. Contractor shall provide written notice to the City of its collection and disposal routes and schedules. The City reserves the unconditional right to deny Contractor's vehicles access to any street, alley, bridge, beach, or public way within the service area while performing collection and disposal services under this Agreement, where the City determines that it is in the best interests of the public health, safety, and welfare to do so because of the conditions of the streets, alleys, bridges, beaches, or public ways. However, Contractor shall not interrupt the regular schedule and level of service because of such closures of less than eight (8) hours in duration. The City shall notify Contractor of any such closures of longer duration, and arrangements shall be made in a manner acceptable to Contractor and the Authorized Representative for the collection and disposal services interrupted by the closure. Customers shall be notified in writing by Contractor of the schedules provided by Contractor and any amendments thereto, provided customers shall be given at least seven (7) days prior written notice of any such amendments. Any and all route and schedule changes must receive prior approval by the Authorized Representative and schedule changes shall be published in a newspaper of general circulation meeting the requirements of Section 50.011, Florida Statutes. 7.0 Collection Equipment and Vehicles. Contractor shall provide collection equipment for the collection and disposal services as follows 7.1 Type and Amount. Contractor shall have on hand, at all times under this Agreement, collection equipment that is in good working order and sanitary condition that will permit Contractor to perform the collection and disposal services in a sufficient and efficient manner so that the schedules and routes can be maintained. Collection equipment shall be obtained from a nationally known and YP��Qtlt7ed �na�nlafacturer of collee b+iau I.-.li -Fment —.-11.— V --VO 011"11 UV L UX+HG {.11V enclosed packer type or other type vehicle which meets industry standards and is approved by the Authorized Representative. All collection vehicles shall be Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 20 of 43 equipped with communication devices and such devices shall be maintained in good operating order. 7.2 Condition. All collection equipment shall be maintained, at all times, in a reasonable and safe working condition and shall be in good repair, appearance, and sanitary and clean condition. Contractor shall spray all mechanical containers with disinfectant every thirty (30) days. Collection equipment shall be painted uniformly with the name of the Contractor, Contractor's telephone number and number of the collection vehicle in letters not less than three (3) inches high on each side of the collection vehicle. Contractor shall keep an accurate record of the vehicle to which each number is assigned. Advertising on collection vehicles is strictly prohibited, except for advertisements promoting City sponsored special events. 7.3 Overloading. Collection vehicles shall not be overloaded by Contractor so as to cause litter or spillage (described in paragraphs 4.1(D) and (H); however, if litter or spillage occurs because of overloading it shall be picked up immediately as required by paragraphs 4.1(D) and (H). 7.4 Back-up Equipment. Contractor shall maintain sufficient back-up collection equipment, which shall satisfy the condition requirements of paragraph 7.2 of this Agreement, to temporarily replace collection equipment that is in a state of disrepair or is inoperable at any time during Contractor's performance of the collection and disposal services pursuant to this Agreement. The back-up collection equipment shall be put into service within a reasonable time and without interruption of collection and disposal services. Such back-up collection equipment shall correspond in size and capacity to the collection equipment ordinarily used by Contractor in performance of the collection and disposal services under this Agreement. 8.0 Contractor's Personnel. Contractor shall fully comply with the following terms and conditions regarding Contractor's personnel: 8.1 Contractor's Representative. Contractor shall appoint a representative to administer and manage this Agreement on Contractor's behalf as required by paragraph 26.0 of this Agreement. 8.2 Other Personnel. Contractor shall provide a sufficient number of qualified persons to provide the collection and disposal services. All persons who are given supervisory autuuiiLy uy wuuacwi suaii uc uiauc avauauic w clic r-,uLuunZeu tcepresenLaLive Tor consultation within a reasonable and practicable time after Contractor receives notice from the Authorized Representative that a consultation is being requested. Solid Waste A¢reement City of Cape Canaveral / Waste Management of Florida, Inc. Page 21 of 43 Supervisors shall operate a collection vehicle that is equipped with a communication device. 8.3 Conduct of Personnel. Contractor shall require and ensure that its personnel shall serve all customers in a courteous, helpful, and impartial manner. Contractor's personnel shall perform collection and disposal services while using existing sidewalks and driveways when on private and public property. Contractor personnel shall observe all no trespassing signs and shall not cross between neighboring properties unless the customer, or customer's in the case of neighboring properties, has expressly given said personnel permission. Contractor's personnel shall perform all collection and disposal services with due care and shall always take reasonable precautions and steps to avoid damaging all real and personal property including, but not limited to, refuse containers, recycling containers, carts, racks, trees, shrubs, flowers, and similar property. Contractor shall be fully liable for all such damage caused by Contractor's personnel and Contractor shall promptly provide sufficient and appropriate compensation to customer's for such damage. 8.4 Uniform Regulations. Contractor agrees that the identification of Contractor's personnel while performing the collection and disposal services is important to the customer's health, safety, and welfare. Consequently, Contractor's personnel performing collection and disposal services shall wear a uniform or shirt bearing the Contractor's name. Lettering stitched on or identifying patches permanently attached to the uniform or shirt shall be acceptable. 8.5 Labor and Employment Laws. Contractor shall comply with all applicable local, state, and federal labor and employment laws affecting its personnel. 8.6 Informing Personnel of Responsibilities. Contractor shall take whatever steps it deems necessary to fully inform its persomlel about the terms and conditions and personal responsibilities provided under this Agreement. City shall not be responsible for informing Contractor's personnel of said terms, conditions, and responsibilities. Contractor shall also provide operating and safety training manuals to all its personnel. 8.7 Driver's License. All Contractor's personnel that drive a collection vehicle while performing collection and disposal services shall at all times have and carry a valid Florida commercial driver's license for the type of vehicle being driven. 8.8 Drug Free .'Workplace. C-, IM L S11a11 lllalrltalrl a 111 ur, lluu W V1E.PlaCC P011C%y. 11 requested by City, Contractor shall provide a document certifying to the City it is a drug free workplace. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 22 of 43 9.0 Level of Service; Customer Complaints; Annual Evaluation By City. 9.1 Level of Service. Contractor acknowledges and agrees that the continuation of this Franchise depends on Contractor consistently providing a high quality and efficient level of collection and disposal services to all customers. To insure such services are provided in such a manner, Contractor's performance shall be evaluated, on an annual basis, pursuant to the procedure established in paragraph 9.3 of this Agreement and based on the following review criteria: A. The number of complaints received pursuant to paragraph 9.2 herein and Contractor's performance in resolving the complaints in a professional and expedient manner. B. Contractor's responsiveness to direction given by the Authorized Representative. C. The number of times that Contractor had to pay liquidated damages pursuant to paragraph 25.0 herein. D. Contractor's participation in community meetings sponsored by City and Contractor's performance in resolving the complaints received at those meetings in a professional and expedient manner. E. Contractor's financial viability to continue performing the collection and disposal services as required by this Agreement. 9.2 Customer Complaints. It is the intent of this Agreement to ensure that the Contractor provides a high quality level of collection and disposal services to all customers. To this end, all failures to provide collection and disposal services to customers, or failures observed by the Authorized Representative, and reported to the Contractor shall promptly be resolved pursuant to the provisions of this Agreement. All customer complaints should be made to the Authorized Representative and will be forwarded to the Contractor by person, telephone, or in writing by mail or facsimile. When received, whether directly from the Customer or forwarded from the Authorized Representative, the Contractor shall record complaints on a form approved by the Authorized Representative and shall take appropriate steps to resolve the complaint in a professional and expedient manner. Any complaints received by the Contractor before 12:00 noon shall be resolved before 5:00 p.m. of that same day. (''�,,,„.tp;,,t� oA r*o« 17.nn 11 11 1. _ �1_, 11 1- V � 11.nn � _-V,-- UoMplaints ieceivcu alter lt..vv Hoon mail Ue lesoiveu More 1G.VV Moon of Li1G following day. The Contractor shall make contact with the customer complainant, within the above times, for all complaints related to collection and disposal services. The Contractor shall notify the Authorized Representative within twenty-four (24) Solid Waste Aoreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 23 of 43 hours, on the approved forms, of the action taken to resolve the complaint. If the complaint involves a claim of damage to private or public property caused by Contractor during the performance of collection and disposal services, the Contractor shall within twenty-four (24) hours provide the Authorized Representative with a full written explanation of said complaint, an estimate of the damage, and Contractor's proposed actions to remedy the damage. 9.3 Annual Evaluation Procedure. Contractor's performance shall be annually evaluated by City's Authorized Representative and/or City Council under the following procedure: A. Upon or soon after the occurrence of each annual anniversary date of this Agreement, the Authorized Representative shall conduct and prepare a written annual evaluation of Contractor's performance in providing the collection and disposal services under this Agreement ("Evaluation"). The Evaluation shall be based on the level of service criteria set forth in paragraph 9.1 herein. For each criteria the Authorized Representative shall evaluate and grade Contractor's performance as unacceptable, acceptable but needs improvement, or good. If Contractor receives an unacceptable grade, the Authorized Representative shall provide Contractor a written explanation of why Contractor's performance was unacceptable and Contractor shall be given a reasonable period of time, as determined by the Authorized Representative, to bring its level ofperformance up to levels acceptable to the Authorized Representative. B. At the City Council's discretion, the Authorized Representative shall deliver the Evaluation, the aforesaid explanation, and other relevant documents to the City Council for consideration by the City Council at a public meeting. At the meeting, the Authorized Representative and Contractor shall have the opportunity to explain their positions and the City Council shall then determine whether this Franchise should continue under conditions determined by the City Council or be terminated, without penalty, pursuant to paragraph 14.1(H) herein. 10.0 Authorized Representative's Interpretation and Decision. Any dispute between the City and Contractor, which cannot be disposed of by mutual consent between the parties within a reasonable period of time ("Impasse"), shall be ultimately decided by the Authorized Representative at such time the Authorized Representative declares an Impasse. Upon _L111F SSe, the Authorized Representative shah have UIRy (3v) days to decide the impasse issue, unless additional time is reasonably needed. All such decisions shall be reduced to writing by the Authorized Representative and delivered to Contractor within three (3) days of said decision. All such written decisions shall contain a sufficient explanation, as maybe Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 24 of 43 deemed necessary by the Authorized Representative, to explain the decision. The decision shall be final and binding on both parties unless appealed to the City Council. Within three (3) days of the Authorized Representative's decision, Contractor may appeal said decision to the City Council. The City Council will hear and decide the appeal at the next regularly scheduled City Council meeting unless otherwise provided by the City Council. The City Council's decision shall be binding and final. Failure to file an appeal within said time period shall result in a waiver of the right to appeal. Pending the decision, Contractor shall proceed diligentlywith the performance ofthe collection and disposal services in accordance with this Agreement and any preliminary directions of the Authorized Representative. The Authorized Representative may amend, suspend, or revoke any decision if circumstances warrant. 11.0 Other City Permits. For collection and disposal services of any kind not exclusively provided by Contractor under this Agreement, Contractor shall obtain all permits required by City Code to provide said services. 12.0 Performance Bond; Alternatives. 12.1 Performance Bond. The Contractor shall obtain and maintain during the entire term of this Agreement and any extensions and renewals thereof, at its cost and expense, and file with the City a corporate surety bond in the amount of Five Hundred Thousand Dollars ($500,000.00) to guarantee the faithful performance by the Contractor of all of its obligations provided under this Agreement and the City Code (hereinafter referred to as "Bond" or "Performance Bond"). Such bond must be issued by a surety. Alternatively, the Contractor shall obtain and continuously maintain an unexpired irrevocable letter of credit, which shall at all times be in the possession of the City. The form and contents of such performance bond or letter of credit shall be acceptable to the City. The letter of credit shall be released only upon expiration of the Agreement or upon the replacement of the letter of credit by a successor Contractor. 12.2 Conditions. The performance bond or letter of credit shall be issued upon the following conditions: A. The performance bond shall be issued by a surety approved by City and licensed and authorized by the State of Florida to do business as a surety in the State of Florida. The irrevocable letter of credit shall be issued by a bank or oavinge anti lnnn aoennia+inn annr�r+ahla +n +lir (_'i+v a„+ -k-4 �o4 +- A Vi Uf.iv 111&& -..— 1VU.11 CLUUV Vl(ALl Vll (.LVVVtI LLLV IV LV L11V V1L,', ""talV11L,\!U LV UV business in this State by either the State of Florida Comptroller or the United States government. The letter of credit shall name the City as the beneficiary. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 25 of 43 B. There shall be recoverable by the City j ointly and severally from the principal and surety or the financial institution that has issued the letter of credit, any and all fines and liquidated damages due to the City and any and all damages, losses, costs, and expenses suffered or incurred by the City resulting from the failure of the Contractor to: faithfully comply with the provisions of the City Code and the Agreement; comply with all orders, permits and directives of any City agency or body having jurisdiction over its acts or defaults; pay any claims, liens, fees, or taxes due the City which arise by reason of the collection and disposal services provided under this Agreement. Such losses, costs and expenses shall include but not be limited to attorney's fees and other associated expenses. C. The total amount of the bond or letter of credit shall be forfeited as a liquidated damage paid to the City in the event: Contractor abandons, or cancels with less than ninety (90) days written notice to City, its obligations and responsibilities to perform the collection and disposal services required under this Franchise, prior to the expiration of the term of the Agreement; 2. Contractor assigns this Agreement without the express written consent of the City; or 3. This Agreement is terminated by reason of the default of the Contractor. 1.2.3 Reduction of Bond/Letter of Credit. LTpon written application by the Contractor, the City may, at its sole option, permit the amount of the bond or letter of credit to be reduced for the term of this Agreement or periods of time, when it is determined by the City's City Council to be in the public interest. Upon written application by the Contractor, the City may, at its sole option, permit the terms of the requirements of the performance bond/letter of -credit to be altered for the teen of this Agreement or periods of time, when it is determined by the City Council to be in the public interest. 12.4 Use of Bond and Letter of Credit. Prior to drawing upon the letter of credit or the bond for the purposes described in this section, the City shall notify Contractor in writing that payment is due, and the Franchisee shall have thirty (30) days from the receipt of cnclt written nntic.e to make a full and cmm�lPta „a�m,Pnt Tftha (nntrartnr does not make the payment within thirty (30) days or demonstrate reason acceptable to the City why such action should not be taken, the City may withdraw the amount thereof, with interest and penalties, from the letter of credit or the bond. Within Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 26 of 43 three (3) days of a withdrawal from the letter of credit or bond, the City shall send to the Contractor, by certified mail, return receipt requested, written notification of the amount, date and purpose of such withdrawal. 12.5 Replenishment of Letter of Credit and Performance Bond. No later than thirty (30) days, after mailing to the Contractor by certified mail notification of a withdrawal pursuant to paragraph 12.4 above, the Contractor shall replenish the letter of credit and/or performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the letter of credit and/or performance bond shall constitute a failure of the Contractor to faithfully comply with the provisions of this Agreement. 12.6 Non -renewal, Alteration, or Cancellation of Letter of Credit or Performance Bond. The performance bond and letter of credit required herein shall be in a form satisfactory to the City which approval shall not be unreasonably withheld and shall require thirty (30) days written notice of any non -renewal, alteration or cancellation to both the City and the Contractor. The Contractor shall, in the event of any such cancellation, alteration, or non -renewal notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement bond orpolicies within thirty (30) days following receipt by the City or the Contractor of any notice of cancellation, alteration, or non -renewal. 12.7 Inflation. At the sole discretion of the City, to offset the effects of inflation, the amount of the bond or letter of credit provided for herein is subject to annual increases at the end of every year provided the amount of the bond or letter of credit shall not exceed fifty percent (50%) of the total amount paid Contractor by City pursuant to paragraph 5.0 for the year previous to the increase. 12.8 Default. The performance bond and letter of credit provided pursuant to this section shall become the property of the City in the event that this Agreement is canceled or terminated by reason of the default of the Contractor. 12.9 Right to Require Replacement of Bonds or Letter of Credit. If the City becomes aware of the financial condition of any bonding or financial institution issuing a performance bond or letter of credit as required herein and said financial condition is reasonably deemed by the City to j eopardize the collateral posted with the City, the City may, at any time, require that any such bond or letter of credit be replaced with such other bond or letter of credit consistent with the requirements set forth in this section. 13.0 Transfer of Ownership or Control. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 27 of 43 13.1 Transfer of Franchise. This Agreement shall not be sold, Transferred, leased, assigned or disposed of, including but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means without the prior written consent of the City Council, and then only under such reasonable conditions as the City Council may establish which may include but not be limited to financial guarantees to the collection and disposal services. 13.2 Transfer Threshold. The Contractor shall promptly notify the City of any actual or proposed change in, or Transfer of, or acquisition by any other party of, control of the Contractor. 13.3 City Approval. Every Transfer shall make this Agreement subject to cancellation unless and until the City Council shall have consented thereto in writing. For the purpose of determining whether it may consent to such Transfer, the City may inquire into the legal, financial, character, technical, and other public interest qualifications of the prospective Transferee or controlling party, and the Contractor shall assist the City in obtaining all required information. Failure to provide all reasonable information requested by the City as part of said inquiry shall be grounds for denial of the proposed Transfer. 13.4 Signatory Requirement. Any approval by the City Council of transfer of ownership shall be contingent upon the prospective assignee becoming a signatory to this Agreement. 14.0 Forfeiture or Termination. 14.1 Grounds for Revocation. The City Council reserves the right to terminate this Agreement, without penalty, and rescind all rights and privileges associated with the Franchise in the following circumstances, each ofwhich shall represent a default and breach of this Agreement: A. Contractor defaults in the performance of any of the material obligations to provide collection and disposal services under this Agreement or the City Code; B. Contractor fails to provide or maintain in full force and effect the liability and MUG11111111CUL1U11 LUVU1UgC U1 LIX PC11U1111di1LG UU11U lUl UILUM L1VG IULLUI Ul credit) as required herein; inlid Wa.ctP AurePmnnt --- — ---- -a- ------ City of Cape Canaveral / Waste Management of Florida, Inc. Page 28 of 43 C. Contractor violates any material provisions of any orders or rulings of any regulatory body having jurisdiction over the Contractor relative to this Agreement and any regulatory ordinance of the City, and Contractor fails to begin cure within five business (5) days of notice from the City and to complete cure within a reasonable time after notice, as determined by the City; D. Contractor practices or engages in any fraud upon the City or any customer; E. Contractor is gross negligent, as defined by general law, in maintaining any of the level of service standards provided in this Agreement; F. Contractor becomes insolvent, unable or unwilling to pay its debts or is adjudged bankrupt; G. Contractor fails to provide collection and disposal service throughout the service area if a disruption of such service occurs pursuant to paragraph 24.0 of this Agreement, unless approval of such disruption is obtained from the City Council; H. Contractor fails to satisfy the level of service annual evaluation conducted by the Authorized Representative and City Council pursuant to paragraph 9.3 of this Agreement; or 1. Contractor provided amaterial misrepresentation of fact in the application for or negotiation of the Franchise granted under this Agreement or any extension or renewal thereof. 14.2 Effect of Circumstances Beyond Control of Franchisee. Contractor shall not be declared at fault or be subject to any sanction under any provision of this Agreement in any case, in which performance of any such provision is prevented for reasons beyond the Contractor's control. For the purposes of this Agreement, causes or events beyond the Contractor's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, restraints imposed by order of a governmental agency or court. A fault shall not be deemed to be beyond the Contractor's control if committed by a corporation or other business entity in which the Contractor holds a controlling interest whether held directly or indirectly, when such iauiL is uue LU k,unLracLUr 5 iinanciai ltlaculLy w periurin VI comply, cwiiuiiiic hardship, or misfeasance, malfeasance or nonfeasance by any of the Contractor's directors, officers, employees or contractors or agents. Solid Waste Agreement .�viiaa Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 29 of 43 14.3 Effect of Pending Litigation. Pending litigation or any appeal to any regulatory body or court having jurisdiction over the Contractor shall not excuse the Contractor from the performance of its obligations under this Agreement, unless specifically provided for by court order or by the regulatory body having jurisdiction over such matters. Failure of the Contractor to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section. 14.4 Procedure Prior to Revocation. Except as provided in paragraph 9.3 for annual evaluations, the Authorized Representative shall notify the Contractor in writing of the exact nature of the alleged violation constituting a ground for termination and give the Contractor thirty (3 0) days, or such greater amount of time as the Authorized Representative may specify, to correct such violations or to present facts and arguments to refute the alleged violation. If the Authorized Representative then concludes that there is a basis for termination, it shall notify the Contractor thereof. If within the designated time the Contractor does not remedy and/or put an end to the alleged violation, the City's City Council, after a public hearing where all interested parties may be heard, may suspend or revoke the Franchise under this Agreement, without penalty, if it determines that such action is warranted. The Contractor shall not be held in default nor suffer any penalties where non-compliance or default is caused by an event beyond the Contractor's control, as stated in Section 14.2. 15.0 Regulatory AuthoritX. 15.1 Authority. The City reserves the right to exercise the maximum authority, as may at any time be la_wfiflly permissible, to regulate the r_,ollection and disposal servir_.es and any other solid waste services, the Franchise granted hereunder, and the Contractor. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City may without the approval of the Contractor engage in any such additional regulation as may then be permissible, whether or not contemplated by this Agreement or the City Code, including without limitation, regulation regarding franchise fees, taxes, programming, rates charged to customers, consumer protection, or any other similar or dissimilar matter. The City agrees to meet and confer with the Contractor prior to enacting new regulatory ordinances. 15.2 Right of Inspection. The City shall have the right to inspect in a timely manner and in the accompaniment of a representative ofthe Contractor all collection and disposal services performed subject to the provisions of this Agreement and equipment used by Contractor, and to make such tests as it shall find necessary to ensure compliance with the terms of this Agreement, the City Code and any other applicable provisions of local_, state or federal_ law. Solid waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 30 of 43 15.3 City Regulation. To the extent that federal or state law or regulation may now, or as the same may hereafter be amended by legislation, administrative regulation or decision, or judicial determination, authorize the City to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by Contractor, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the City. The City shall provide advance notification to the Contractor of its intention to exercise any such regulation and written notification when such ordinance is adopted. However, failure to so provide advance notification to the Contractor or written notification when such ordinance is adopted shall not be a basis upon which to declare this Agreement in breach or to invalidate the ordinance. 15.4 City Health and Sanitation Regulations. Without any limitation on the authority granted City above, City reserves the unconditional right to adopt by ordinance additional health and sanitation regulations which shall apply to the collection and disposal of solid waste, biohazardous waste, biological waste, construction and demolition debris, hazardous waste, sludge, special waste and all other kinds of waste. To the extent determined at the sole discretion of the City's City Council, these regulations shall be codified in Chapter 62 of the City Code. Contractor shall fully comply with these regulations to the extent applicable to the collection and disposal services provided under this Agreement and said regulations shall be deemed to be fully incorporated herein by this reference. In the event any provision of this Agreement is in conflict with any provision of the additional City health and sanitation regulations, the provision contained in this Agreement shall prevail. 16.10 Liability and Insurance. 16.1 Certificate of Insurance. Prior to the effective date ofthis Agreement and thereafter continuously throughout the duration of the Agreement and any extensions or renewals thereof, Contractor shall furnish to the City, certificates of insurance and endorsements, in a form approved by the City, for all types of insurance required under this section. Failure to furnish said certificates of insurance and endorsements in a timely manner shall constitute material breach of this Agreement. At the City's request, Contractor shall furnish certificates of insurance and endorsements which are in effect from time to time. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 31 of 43 16.2 No Liability Limit. Neither the provisions of this Section or any damages recovered by the City hereunder, shall be construed to limit the liability of Contractor for damages under this Agreement. 16.3 Endorsement. All insurance policies maintained pursuant to this Agreement shall contain an endorsement in substantially the following form: It is hereby understood and agreed that this insurance policy may not be modified or canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) Days after receipt by the City of Cape Canaveral City Manager by certified mail, of a written notice of such intention to cancel or not to renew. 16.4 State Institution. All insurance policies provided pursuant to this Agreement shall be written by companies authorized by the Florida Insurance Commissioner to do business in the State of Florida as an insurance company. The insurance company shall have a Best Insurance rating of A or better, unless otherwise approved by the Authorized Representative. 16.5 Named Insured. The City shall be an additional named insured for all insurance policies written pursuant to this Agreement, as the City's interests may appear from time to time. 16.6 Changes in Policy Limits. To offset the effects of inflation and to reflect changing liability limits, all of the coverage; limits, and amounts ofthe insurance provided for herein are subject to reasonable increases at the end of every two (2) year period of this Agreement, applicable to the next two (2) year period or termination date of this Agreement (whichever occurs first), at the City's discretion, but not to exceed the coverage, limits, and amounts of insurance the City requires of other contractors transacting business with the City. 16.7 Commercial General Liability Insurance. Contractor shall maintain throughout the term of this Agreement, general liability insurance insuring Contractor in the minimum of: A. $1,000,000 for property damage single limit; and B. $ i,000,v00 single limit liability for personal bodily injury or death to anyone person. Solid Waste Agreement City of Cane Canaveral / Waste Management of Florida, Tne___ j Page 32 of 43 16.8 Automobile Liability Insurance. Contractor shall maintain throughout the term of the Agreement, automobile liability insurance for owned, non -owned, or rented vehicles in the minimum amount of- A. £ A. $1,000,000 single limit liability for bodily injury and consequent death per occurrence; and B. $1,000,000 for property damage per occurrence. 16.9 Worker's Compensation. Contractor shall maintain throughout the term of the Agreement, worker's compensation at least to the minimum amount of the statutory limit for worker's compensation, as amended from time to time. 17.0 Indemnification and Hold Harmless. For all collection and disposal services performed by Contractor pursuant to this Agreement, Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, its council members, attorneys, employees, officers, and agents from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, pre-trial, trial, post judgment, and appellate proceedings), directly or indirectly arising from: (i) the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Contractor's or its subcontractors, or agents performance of the collection and disposal services pursuant to this Agreement; (ii) defaults under this Agreement; (iii) failing to properly train employees under Contractor's control or direction; and (iv) failing to properly equip or hire employees under Contractor's control or direction in the performance of the collection and disposal services under this Agreement. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City, its council members, attorneys, employees, officers, and/or agents which may result from the collection and disposal services under this Agreement whether the collection and disposal services be performed by the Contractor, its subcontractors, or anyone directly or indirectly employed by them. In all events the City shall be permitted to choose legal counsel of its sole choice, the attorney fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are no greater than at a rate deemed reasonable at the time indemnification is required. The City agrees to be responsible for the City's own negligent acts and omissions. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 33 of 43 18.0 Interference with Persons, Public and Private Property, and Utilities. Contractor's collection equipment and personnel used in performing the collection and disposal services hereunder shall: A. Not endanger or interfere with the health, safety or lives of persons; B. Not interfere with any improvements which the City, county, state, and federal government may deem proper to make; C. Not interfere with the free and proper use of Public Rights -of -Way, alleys, bridges, easements or other public property, except to the minimum extent possible during actual collection and disposal services being provided hereunder; I. Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual collection and disposal services being provided hereunder; and E. Not obstruct, hinder or interfere with any gas, electric, water, wastewater, reclaimed water, stormwater drainage, telephone, or other utility facilities located within the service area. 19.0 Books and Records Available to City; Quarterly Report to City Council. 19.1 Records. With advance written request, the City shall have the right to inspect and copy at any time during Contractor's normal business hours, all books, records, maps, revenue statements, service complaint logs, performance test results and other like materials of the Contractor that are directly related to the collection and disposal services provided under this Agreement and which constitute a public record under Chapter 119, Florida Statutes. It is agreed that this Solid Waste Agreement and Contractor's performance thereunder as an independent contract does not render Contractor a public agency. Further, Contractor's trade secrets and proprietary information shall not be subject to disclosure hereunder. Said records shall be maintained at Contractor's office set forth in paragraph 4.1(G) of this Agreement. 19.2 Review. For records not constituting a public record under Chapter 119, Florida Statutes, Contractor shall permit, during Contractor's normal business hours, the Authorized Representative to examine, at the CiWs discretion, any and all maps and other records kept or ma-Intaineu Dy ule %.,ontractor of unUer Us control uullur,111111g 611G operations, affairs, transactions or property of Contractor relative to the collection Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 34 of 43 and disposal services provided under this Agreement. The examination shall take place at Contractor's office. 19.3 Reports to be Filed. The following reports shall be provided to the City: A. A monthly customer report sorted alphabetically by address, which lists the customer's address and name, type, quantity, and size ofthe container picked - up from the customer, and a description of the kind of service provided customer. B. An annual report prepared by Contractor or the parent company of Contractor shall be provided annually at the time said report is published. 19.4 Mandatory Records. The Contractor shall at all times maintain: A. A record of all complaints received and interruptions, disruptions, or degradation of collection and disposal services for the preceding year prior to the annual performance evaluation by the City. B. A full and complete document(s) describing the rates, schedules, and routes for the collection and disposal services. C. A record of all customers, and fees received from them by Contractor, for collection and disposal services not billed by the City, if any. 19.5 Quarterly Report to City Council. Contractor shall present a quarterly report to the City Council for each calendar quarter regarding the status of collection and disposal services being provided hereunder. 19.6 Other Records. The City may impose reasonable requests for additional information, records and documents from time to time, and the Contractor shall produce said records within ten (10) business days, so long as such request relates to the City's enforcement abilities under this Agreement or the Code. 20.0 Preferential or Discriminatory Practices Prohibited. All collection and disposal services rendered and all rules and regulations adopted by Contractor shall have general application to all persons and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, origin, or ethnicity. Contractor shall not deny service to any group of potential customers within uie airy -ecaase of ane income of the customers within tine seryice area. Contractor shall not charge customers different rates for service for the same class or Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 35 of 43 type of service. However, this paragraph is not intended to restrict Contractor from offering reasonable discounts to senior citizens or other economically disadvantaged groups in accordance with any local, state, or federal law. 21.0 Storms; Hurricanes; Natural Disasters; Calamities. In the event a major storm, hurricane, natural disaster, or any other type of major or serious calamity ("calamity") causes an excessive amount ofrefuse, vegetative waste, bulk trash, or other excessive debris ("debris") to accumulate on streets, alleys, bridges, and on private and/or public property, Contractor shall collect such debris at the City's written request. City agrees to pay Contractor for such additional service in an amount mutually agreed upon in writing by the City and Contractor. Contractor acknowledges and agrees that collection and disposal services performed after a calamity may be subject to special procedures in order that the City can receive reimbursement from state and federal agencies like FEMA. In such cases, Contractor shall be fully responsible and liable for complying with all such procedures and shall also indell ify and hold harmless the City in the event Contractor fails to comply with said procedures. Nothing in this Agreement shall exclude or prohibit the City or any other contractors from collecting and disposing of such debris caused by a major or serious calamity. 22.0 Miscellaneous Provisions. 22.1 Independent Contractor. Contractor is an independent contractor and nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship, a joint venture relationship, a partnership relationship, or to allow the City to exercise control or direction over the manner or method by which Contractor performs the collection and disposal services which are the subject matter of this Agreement. Contractor understands and agrees that: (1) the City will not withhold on behalf of Contractor pursuant to this Agreement any sums for payment of income tax, unemployment insurance, social security or any other withholding; (ii) all such payments, withholdings and taxes are the sole responsibility of Contractor; and (iii) Contractor will indemnify and hold the City, its City Council members, attorneys, employees, officers, and/or agents harmless from and against any and all loss or liability arising with respect to such payments, withholdings, or taxes, including, but not limited to reasonable attorneys' fees through any and all administrative, pre-trial, trial, post trial judgment, and appellate proceedings. The parties hereto agree that both Contractor and the City shall have the right to participate in any discussion or negotiation with the Internal Revenue Service concerning Contractor's independent contractor status regardless of with whom or by whom such discussions or negotiations arc llllUaVL ,U. 111 LllU Q V el1L L11aL ally appllkiaUlG gU V Ull1l11e11L agency determines that Contractor is an employee of the City and the City is required to pay Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 36 of 43 any additional amount to any governmental authority based upon Contractor being reclassified an employee of the City, Contractor hereby covenants and agrees to reimburse immediately the City for any such amount paid to any such governmental authority and the costs and expenses associated with defending the City, including, but not limited to reasonable attorneys' fees. In the event that Contractor is reclassified as an employee and becomes eligible for a refund of any taxes paid to any governmental agency, including but not limited to, a claim for refund of self- employment taxes, then Contractor hereby covenants and agrees to pursue any such refund and assign to the City the proceeds from any such refund. 22.2 No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 22.3 Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and supersede all prior oral negotiations and written agreements between the parties. This Agreement may be amended, supplemented, modified, or changed only by a written instrument agreeing to said amendment, supplementation, modification, or change in the terms hereof by the parties. 22.4 Notices. Any notice, request, instruction, or other document to be given as part of this Contract shall be in writing and shall be deemed served when either delivered in person to the following designated agents or received by registered or certified United States mail, return receipt requested, postage prepaid, or received by facsimile, addressed as follows: TO THE CITY: City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Ph: 321-868-1230 Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 37 of 43 TO THE CONTRACTOR: George Geletko Florida Government Affairs Director Waste Management of Florida, Inc. 7382 Talona Drive W. Melbourne, Florida 32904 Ph: 407-723-4455 Either party may change the aforementioned designated agents at any time by providing written notice of such change to the other party. 22.5 Captions. Captions to sections through this Agreement are solely to facilitate the reading and reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or interpretation of the Agreement. 22.6 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. Such holding shall not affect the validity of the remaining portions of this Agreement, unless the City determines that the portions remaining (without the severed portions) have an adverse effect on the best interests of City, then City shall have the right to terminate this Agreement. 22.7 City's Rights of Intervention. Contractor agrees not to oppose intervention by the City in any suit or proceeding to which Contractor is a party, concerning or involving this Agreement and the City's rights under this Agreement. _ v 22.8 Attorney's Fees. In the event of litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all its reasonable expenses, including attorney's fees, costs, and other expenses reasonably and necessarily incu��ed, through all administrative, pre-trial, trial, post judgment, and appellate proceedings. 22.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 38 of 43 22. 10 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level of service shall not act as a waiver of the City's right to later claim a failure to perform on the part of Contractor. 22.11 Jurisdiction; Venue. This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 23.0 Effective Date; Term. 23.1 Effective Date. The effective date of the Contract shall be October 1, 2004. The prior Contract between the parties, and all addendums thereto, is hereby superseded and of no further force and effect; provided, however, Contractor shall be paid the last month's billing under the prior Contract for only the last month's collection and disposal services performed by Contractor. 23.2 Term. The term of this Agreement shall be from October 1, 2004 to September 30, 2009, subject to an annual evaluation by the City under paragraph 9.0 herein and termination as provided for in paragraph 14.0 herein. The term of this Agreement may be extended pursuant to paragraph 23.3 herein. 23.3 Renewal. By mutual agreement between the parties, this Agreement may be renewed by exercising a maximum of two (2) five (5) year renewal terms. Contractor shall deliver to the City written notice of its desire to renew this Agreement at most One Hundred Eighty (180) days and at least Ninety (90) days prior to the expiration of this Agreement or renewal thereof 24.0 Disruption in Collection and Disposal Services. In the event a disruption (e.g. strike, labor stoppage, collection equipment in disrepair) causes Contractor to fall one week or more behind in its collection schedule, City may, at its option, cause the collection and disposal services to be performed by any means available to City. Such means may include, but not be limited to, City taking over and operating the collection equipment used in the performance of this Agreement until such time Contractor can perform the collection and disposal services and City contracting with a third party to perform the collection and disposal services. Any cost incurred by City in exercising this option shall be charged against Contractor and the performance bond or alternative letter of credit furnished by Contractor under this Agreement. The foregoing option shall only beexercised byamajority Vote of LID., CiLy'3 CiLy %-ULLLilliil a-LKJ the C1Ly r JUTA,11 haJ declareU L 1aL L 1G U151UPL1on Has Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 39 of 43 caused an emergency to arise within the service area that adversely effects the public health, safety, and welfare. 25.0 Liquidated Damages. It is the intent of Contractor and City to provide for liquidated damages for certain breaches of this Agreement by Contractor. The liquidated damages set forth shall not be construed as a penalty. At the effective date of this Agreement, Contractor and City agree that any damages flowing from Contractor's breach of paragraphs 25.1 through 25.7, inclusive, are not readily ascertainable, and the liquidated damages set forth therein are reasonable and proportionate to any damages that might reasonably be expected from a breach of said paragraphs. As such, should Contractor fail to perform the collection and disposal services required below, City shall be entitled to liquidated damages as follows: 25.1 Legitimate Complaints. For each legitimate complaint in excess of ten (10) per calendar month, liquidated damages shall be $100.00 and $25.00 each complaint in excess of ten. 25.2 Spillage. For each occurrence Contractor fails to clean up litter or spillage (which is prohibited by paragraphs 4.1(D) and 4.1(H), liquidated damages shall be $25.00 per occurrence. 25.3 Collection Vehicles and Containers. For each occurrence Contractor fails to promptly clean collection vehicles or change mechanical containers or compactors at the request of the Authorized Representative, liquidated damages shall be $25.00 per vehicle or container. 25.4 Unattended Collection Vehicles. For each occurrence Contractor leaves a loaded collection vehicle unattended on the street unnecessarily, liquidated damages shall be $25.00 per occurrence. 25.5 Collection Schedules. For each occurrence Contractor fails to maintain a collection schedule required by this Agreement, liquidated damages shall be $250.00 per occurrence and $10.00 for each customer not served on a particular day as regularly scheduled. 25.6 Failure to Keep Collection Vehicles Closed or Covered. For each occurrence Contractor fails to keep a collection vehicle closed or covered, liquidated damages shall be $25.00 per occurrence. 'c 'Failure to Have Back Collection Equipment When l.Teeded. For each occurrence Contractor fails to have back-up collection equipment available to Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 40 of 43 temporarily replace collection equipment that is in a state of disrepair or is inoperable when a customer or the Authorized Representative demands collection and disposal services as required by this Agreement, liquidated damages shall be $25.00 per occurrence. Such liquidated damages shall be deducted from the monthly payments due the Contractor under this Agreement. In the event that Contractor does not accept the deductions, the City shall have the right to claim against the performance bond or letter of credit required under this Agreement. 26.0 Contractor's Representative. Contractor shall designate an individual to act as a representative for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. This person shall be Contractor's contract administrator. Initially, the person who shall act as the representative for Contractor with respect to this Agreement shall be George Geletko, District Manager. Contractor may from time to time designate other individuals or delete individual's with the authority to act for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. All deletions or designation of individuals to serve as a representative shall be given by written notice. 27.0 Time of the Essence. Contractor acknowledges and agrees that time is of the essence for the completion of the collection and disposal services to be performed under this Agreement. Unless otherwise extended in writing by the City, Contractor agrees to complete the collection and disposal services as required by this Agreement. 28.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 29.0 Franchise Costs. Contractor agrees to pay the reasonable administrative and legal costs incurred by the City in initially granting this Franchise, which shall be Three Thousand and No/100 Dollars ($3,000.00). Payment shall be made to the City no later than thirty (30) days from the initial effective date. In the event this Franchise is renewed, transferred or assigned, Contractor or its successor in interest shall pay to the City the reasonable legal and administrative costs incurred with said renewal or assignment, not to exceed Three Thousand and No/100 Dollars ($3,000.00)_ Payment shall be made to the City no later than thirty (30) Ua.ys f1rom the effectlVe date -V 11' saiu renewal, tlallsiel, VL assigMlllllellt. Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 41 of 43 30.0 Title to Refuse. The City shall have the right and title to all refuse, except recycling, collected by Contractor under this Agreement. 31.0 Public Awareness Campaign. 31.1 General. Contractor agrees to provide, and assist the City in conducting, a public awareness campaign to promote the collection and disposal services provided under this Agreement. All materials and publications used by Contractor shall be reviewed by the City and approved by the Authorized Representative. All materials and publications used by the City shall be reviewed by Contractor and approved by Contractor's representative. 31.2 Automated Cart Program. Upon the effective date of this Agreement, Contractor shall be implementing a new Automated Cart Program within the Service Area. Contractor shall provide communication of said service to all customers receiving the service by direct mail, a letter to all Homeowners' Associations, and City newsletter and website. During the implementation phase, Contractor shall also conduct a customer satisfaction survey which shall be reported to the City in writing upon completion. 32.0 Additional Recycling Compensation to City. 32.1 The Collector will maintain accurate weight records of each type of recycling material collected within the City. The recyclable materials will be mixed with similar materials collected from other recyling areas. The materials maybe held until enough volume is accumulated and/or the offering price appears to be in the best range under the existing condition in the judgment of the Collector at which time the material will be sold. The cost for processing and shipment will be taken out of the revenue received for the sale of material. The remaining money, if any, will be the City's. The recyclable materials maybe handled through a County processing center if and when one is developed. The revenue from the materials would be handled in the same manlier as above. Within fifteen (15) days after the Collector receives the revenue for the materials, a check for the City's portion of the money will be mailed to the City. 32.2 The Collector will provide the City with a monthly statement showing the quantity of recyclable material collected, the expenses, and the revenues relating to the renvclahlP matPrialc Tlhic rP.nnrt i6ll identify by wpi-t- 1,v tvna of matarial tlha amount of recyclable materials collected from the City. It will also show the Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 42 of 43 accumulative amounts of material from the City at the Collector's site, and the amount of the City's materials sold that month. Within two (2) weeks of each materials sales, a report will be issued to the City showing the amount of materials from the City that was involved in the same, the portion of the processing and shipping cost, and the amount of money due the City. If the cost exceeds the revenue, there will be no charge to the City, but if the revenue exceeds the cost, the City will receive one hundred percent (100%) of the excess. ATTEST: Susan §611;, ity Cl�� CORPORATE SEAL: Print Name/Title: CITY OF CAPE CANAVERAL, FLORIDA: Rocky Randels, Mayor WASTE MANAGEMENT OF FLORIDA, INC. �t Da 'd Green, Market Area Vice -President Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. Page 43 of 43 APPENDIX "A" SOLID WASTE AGREEMENT TABLE OF CONTENTS Section Numbers & Headings Page Number 1.0 Recitals...............................................................1 2.0 Definitions............................................................1 2.1 Authorized Representative ........................................... 1 2.2 Biohazardous Waste................................................1 2.3 Biological Waste .................................................. 2 2.4 Bulk Trash.......................................................2 2.5 City.............................................................2 2.6 City Council......................................................2 2.7 City Code or Code ................................................. 2 2.8 Collection and Disposal Service ...................................... 2 2.9 Collection Equipment .............................................. 2 2.10 Collection Vehicle ................................................. 2 2.11 Collection Regulations .............................................. 2 2.12 Commercial Service ................................................ 2 2.13 Commercial Trash ................................................. 3 2.14 Complaint........................................................3 2.15 Construction and Demolition Debris ................................... 3 2.16 Contract or Agreement .............................................. 3 2.17 Contractor or Franchisee ............................................ 4 2.18 CPI.............................................................4 2.19 Customer........................................................4 2.20 Designated Facility ... = .. 4 2.21 Disposal Costs....................................................4 2.22 Dispute..........................................................4 2.23 Franchise........................................................4 2.24 Garbage.........................................................4 2.25 Hazardous Waste ......................................... . . ---4 2.26 Household Trash..................................................5 2.27 Mechanical Container .............................................. 5 2.28 Multiple Dwelling Units ............................................ 5 2.29 Performance and Payment Bond or Letter of Credit ....................... 5 2.30 Recyclable Materials ............................................... 5 2.31 Recycling........................................................5 2.32 Reeveling Container ________________ S 2.33 Refuse..........................................................5 2.34 Refuse Container .................................................. 6 2.35 Rolloff Container .................................................. 6 2.36 Residential.......................................................6 2.37 Residential Service ................................................. 6 2.38 Service Area......................................................6 2.39 Sludge..........................................................6 2.40 Solid Waste......................................................6 2.41 Special Waste ..................................................... 6 2.42 Transfer.........................................................6 2.43 Vegetative Waste .................................................. 7 3.0 Grant of Franchise....................................................7 4.0 Scope of Work........................................................7 4.1 General Requirements .............................................. 7 A. Laws and Regulations........................................7 B. Labor, Insurance, Equipment, etc . ............................... 7 C. Protection of Public/Private Property and Utilities .................. 8 D. Spillage...................................................8 E. Designated Facility ........................................... 8 F. Holidays...................................................8 G. Contractor's Office .......................................... 8 H. Litter and Dangerous Animals .................................. 9 I. Hour and Days..............................................9 J. Tagging Solid Waste Improperly Containerized .................... 9 K. Customer Report; City Billing Database .......................... 9 L. Site Plan/Development Review ................................ 10 4.2 Residential Service ................................................ 10 A. Frequency of Collection......................................10 B. Point of Collection .......................................... 10 C. Containers and Preparation ................................... 10 1. Household Trash and Garbage ........................... 10 2. Recyclable Materials .......... . . ...::................. 10 3. Vegetative Waste . .. . ................................. 11 4. Bulk Trash..........................................11 4.3 Commercial Service ............................................... 11 A. Frequency of Collection ...................................... 11 B. Point of Collection .......................................... 11 C. Containers and Preparation ................................... 12 1. Commercial Trash and Garbage ......................... 12 2. Recyclable Materials .................................. 12 3. Vegetative Waste .:.:.: . .............................. 12 4.4 Multiple Dwelling Units ........................................... 12 A. Frequency of Collection ...................................... 13 B. Point of Collection .......................................... 13 C. Containers and Preparation ................................... 13 1. Household Trash and Garbage ........................... 13 -11- 2. Recyclable Materials .................................. 13 3. Vegetative Waste ..................................... 14 4. Bulk Trash..........................................14 4.5 City Controlled Property ........................................... 14 A. Frequency of Collection ...................................... 14 B. Point of Collection .......................................... 14 C. Containers and Preparation ................................... 14 1. Refuse.............................................14 2. Recyclable Materials .................................. 15 3. Vegetative Waste ..................................... 15 4. Bulk Trash..........................................15 4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste ........... 15 4.7 Construction and Demolition Debris Service ........................... 15 A. Exclusive Right Limited ..................................... 15 B. Frequency of Collection ...................................... 16 C. Point of Collection .......................................... 16 D. Containers and Preparation ................................... 16 4.8 Code Enforcement ................................................ 16 4.9 Automated Cart Program ........................................... 16 4.10 Tire Collection ................................................... 16 5.0 Rates and Charges; Compensation to Contractor; Franchise Fee Billing .. 16 5.1 Rates; Compensation to Contractor ................................... 16 A. Residential Service .......................................... 16 B. Commercial and Multiple Dwelling Service ...................... 17 C. Commercial and Multiple Dwelling Vegetative Waste Service .... - - - 17 D. Optional Special Refuse Collection Service ...................... 17 E. Commercial Rolloff Container Service .......................... 17 F. Code Enforcement .......................................... 17 G. Compactor Service .......................................... 17 H. Optional Special Vegetative Waste Service ..................... . . 17 I. Commercial Can and Multiple Dwelling Refuse Container .......... 18 5.2 Consumer Price Index Adjustment ................................... 18 5.3 Billing Customers by City .......................................... 19 5.4 Billing and Payment Procedure ...................................... 19 5.5 Franchise Fee . • • • •.................................. 20 5.6 Contractor's Petition for a Rate Adjustment ............................ 20 6.0 Schedules and Routes.................................................21 7=0 Collection Equipment and Vehicles .................................... 21 7.1 Type and Amount ................................................. 21 7.2 Condition.......................................................21 7.3 Overloading ........... ......:.................................22 7.4 Back-up Equipment ............................................... 22 8.0 Contractor's Personnel ............................................... 22 -iv- 8.1 Contractor's Representative ......................................... 22 8.2 Other Personnel..................................................22 8.3 Conduct of Personnel .............................................. 22 8.4 Uniform Regulations .............................................. 23 8.5 Labor and Employment Laws ....................................... 23 8.6 Informing Personnel of Responsibilities ............................... 23 8.7 Driver's License .................................................. 23 8.8 Drug Free Workplace..............................................23 9.0 Level of Service; Customer Complaints; Annual Evaluation by City ...... 23 9.1 Level of Service .................................................. 23 9.2 Customer Complaints ............................................. 24 9.3 Annual Evaluation Procedure ....................................... 24 10.0 Authorized Representative's Interpretation and Decision ............... 25 11.0 Other City Permits ................................................... 26 12.0 Performance Bond; Alternatives ....................................... 26 12.1 Performance Bond ................................................ 26 12.2 Conditions......................................................26 12.3 Reduction of Bond/Letter of Credit ................................... 27 12.4 Use of Performance Bond and Letter of Credit .......................... 27 12.5 Replenishment of Letter of Credit and Performance Bond ................. 27 12.6 Non -renewal, Alteration, or Cancellation of Ltr. of Credit or Perf. Bond ...... 28 12.7 Inflation........................................................28 12.8 Default.........................................................28 12.9 Right to Require Replacement of Bonds or Letter of Credit ................ 28 13.0 Transfer of Ownership or Control ..................................... 28 13.1 Transfer of Franchise .............................................. 28 13.2 Transfer Threshold ................................................ 29 13.3 City Approval ............. ........ 29 13.4 Signatory Requirement ............................................ 29 14.0 Forfeiture or Termination ............................................. 29 14.1 Grounds for Revocation ............................................ 30 14.2 Effect of Circumstances Beyond Control of Franchisee ................... 30 14.3 Effect of Pending Litigation . . . . . :::.. . . . . ..............::.:::. . 301 14.4 Procedure Prior to Revocation ....................................... 30 15.0 Regulatory Authority.................................................31 15.1 Authority.......................................................31 15.2 Right of Inspection ................................................ 31 15.3 City Regulation..................................................31 15.4 City Health and Sanitation Regulations ............. ....:------ ::::.... 32 16.0 Liability and Insurance...............................................32 16.1 Certificate of Insurance ............................................ 32 16.2 No Liability Limit ................................................ 32 16.3 Endorsement....................................................32 -iv- -v- 16.4 State Institution 33 .................................................. 16.5 Named Insured ...................................................33 16.6 Changes in Policy Limits ........................................... 33 16.7 Commercial General Liability Insurance ............................... 33 16.8 Automobile Liability Insurance ...................................... 33 16.9 Worker's Compensation ........................................... 34 17.0 Indemnification and Hold Harmless .................................... 34 18.0 Interference with Persons, Public and Private Property, and Utilities ..... 34 19.0 Books and Records Available to City ................................... 35 19.1 Records........................................................35 19.2 Review.........................................................35 19.3 Reports to be Filed................................................35 19.4 Mandatory Records...............................................36 19.5 Quarterly Report to City Council ..................................... 36 19.6 Other Records...................................................36 20.0 Preferential or Discriminatory Practices Prohibited ..................... 36 21.0 Storms; Hurricanes; Natural Disasters; Calamities ...................... 36 22.0 Miscellaneous Provisions .............................................. 37 22.1 Independent Contractor ............................................ 37 22.2 No Joint Venture ................................................. 38 22.3 Entire Agreement ................................................. 38 22.4 Notices.........................................................38 22.5 Captions........................................................38 22.6 Severability.....................................................39 22.7 City's Rights of Inspection .......................................... 39 22.8 Attorney's Fees..................................................39 22.9 Counterparts.....................................................39 22.10 Waiver ------------------- '19 22.11 Jurisdiction; Venue...............................................39 23.0 Effective Date; Term ................................................. 39 23.1 Effective Date ................................................... 39 23.2 Term...........................................................40 Renewal<<< .....------- ..............<<::.___,---<--.............. <..40 24.0 Disruption in Collection and Disposal Services .......................... 40 25.0 Liquidated Damages..................................................40 25.1 Legitimate Complaints ............................................. 41 25.2 Spillage........................................................41 25.3 Collection Vehicles and Containers ................................... 41 25.4 Unattended Collection Vehicles ..................................... 41 �c c %.1o11 .ct1on ,3c11.a..i.. 25.6 Failure to Keep Collection Vehicles Closed or Covered ................... 41 25.7 Failure to Have Back -Up Collection Equipment When Needed ............. 41 26.0 Contractor's Representative . .. . . . : . :.... .............................. 42 27.0 Time of the Essence...................................................42 28.0 Sovereign Immunity - - - - - - - - - a) -v- 29.0 Franchise Costs......................................................42 30.0 Title to Refuse.........................................................42 31.0 Public Awareness Campaign ............................................ 42 31.1 General.........................................................42 31.2 Automated Cart Program ........................................... 43 32.0 Additional Recycling Compensation to City ................................ 43 -vi- EXHIBIT `B" 5.1 Rates; Compensation to Contractor. For collection and disposal services provided under this Agreement, City shall pay Contractor as follows: A. Residential Service. For residential service provided pursuant to paragraph 4.2 of this Agreement, a monthly amount, per customer, equal to $9.18 inclusive of refuse and vegetative waste and recycling. B. Commercial and Multiple Dwelling Mechanical Container Service. For any container service, including commercial and Multiple Dwelling Units) provided pursuant to paragraphs 4.3 and 4.4 of this Agreement, a monthly amount equal to: $27.96 per containerized yard, per pickup $4.00 per containerized yard, per pickup for special services in addition to normal services provided under this Agreement. C. Multiple Dwelling Recycling Service. For multiple dwelling recycling service provided pursuant to paragraphs 4.4(C)(2), a monthly amount equal to $1.66 per unit. D. Commercial Rolloff Container Service. For commercial rolloff container service provided pursuant to paragraph 4.3(C)(1), an amount equal to: Minimum of 1 pull per month as follows: Container delivery, per container $50.00 EXHIBIT 20 cubic yard box $135.00 per pull 30 cubic yard box $160.00 per pull 40 cubic yard box $185.00 per pull E. Code Enforcement. Upon request of the Authorized Representative, Contractor shall provide solid waste and construction and demolition debris collection and disposal service to City for code enforcement related matters at no charge to the City. F. Compactor Service. For compactor service provided pursuant to paragraphs 4.3(C)(1) and 4.4(C)(1) of this Agreement, an amount mutually agreed to by Contractor and the Customer. G. Multiple Dwelling and Special Vegetative Waste Service. For Multiple Dwelling Units and special vegetative waste collection and disposal service for residential and commercial Customers not provided for hereunder (vegetative waste by virtue of its size or weight exceeds routine and normal yard and landscaping maintenance generated on site), in addition to any applicable monthly customer service provided hereunder, an amount equal to: Quarter Clam Load $ 30.00 Half Clam Load $ 60.00 Three Quarter Clam Load $ 90.00 Full Clam Load $120.00 H. Commercial Can and Multiple Dwelling Refuse Container Service. For commercial can and multiple dwelling refuse container service provided pursuant to paragraphs 43 and 4.4 of this Agreement, a monthly amount equal to: Individual Commercial Accounts with trash cans: $10.88 per month, per unit Mobile Homes and Multiple Dwelling Units: $4.74 per month, per unit 5.2 Consumer Price Index Adjustment. The rates in paragraph 5.1 shall remain unchanged during the term of this Agreement unless the growth in the gross revenue generated from all collection and disposal services required hereunder falls below five percent (5%) for a particular year. If the gross revenue growth rate falls below five percent (5%)_ the rates shall be adjusted by the CPI. Each new rate shall be computed pursuant to the following mathematical formula: New Rate = [CPI2 - CPI1 ] +1 x Current Rate CPI1 "CPII"The published CPI for the month of October of the preceding year. "CPI2"The published CPI for the month of October for the year in which the rate is being adjusted. Adjustments to the prices made in accordance with this subsection are intended to reflect changes in the purchasing power of a given amount of money expressed in dollars. If CPI1 and CPI2 are not expressed in relation to the same base period or if a material change is made in the method of establishing CPI, the City and the Contractor shall make an appropriate statistical adjustment or conversion. If the CPI is discontinued, the City and the Contractor shall mutually select another index published by the United States Government or by a reputable publisher of financial and economic indices. FIRST AMENDMENT TO SOLID WASTE AGREEMENT rm, THIS FIRST AMENDMENT TO AGREEMENT made and entered into this day of 2006, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida 0 c)- Municipal Corporation, located atl05 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter 19 "City") and WASTE MANAGEMENT, INC. OF FLORIDA, a Florida corporation, located at s... 7382 Talona Drive, W. Melbourne, Florida 32904 (hereinafter "Contractor"). WITNESSETH: WHEREAS, the parties entered into that certain Solid Waste Franchise Agreement dated Octoberl, 2004 (the "Agreement"); and WHEREAS, the parties desire to amend the Agreement to provide for implementation of a roll-out garbage cart program; and WHEREAS, the City considers these modifications to be in the best interests of its residents. NOW, THEREFORE, in consideration of the mutual promises contained herein, and certain other good and valuable considerations, the receipt and sufficiency, all of which is hereby acknowledged, it is agreed as follows: SECTION 1: Section 2.34 of the Agreement is modified as follows: 2.34 Refuse Container or Cart. Shall mean a heavy plastic receptacle, with a rated capacity of not more than ninety-six (96) gallons, having a hinged tight -fitting lid and wheels, which is designed or intended to be used for automated or semi -automated collection. Carts will be provided by and distributed by the Contractor. Contractor shall retain ownership of the Carts unless it opts to relinquish same to the City at the conclusion of the Agreement. SECTION 2: Section 4.2C Containers and Preparation is deleted and replaced with the following: C. Containers and Preparation. 1. Household Trash and Garbage. Garbage and household trash shall be placed only in carts. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated from residential customers which has been properly prepared and stored in a refuse container provided under the Automated Cart Program. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from residential customers which have been properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from residential customers provided same are placed in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from garbage and household trash which shall be in placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Up to 20 branches from Queen and Royal palms shall be collected provided that same are cut appropriately and placed in the cart. 4. Household Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated from residential customers regardless of whether it is containerized. SECTION 3: Section 4.3C1a is modified as follows: a. Customers shall be permitted to use refuse containers (carts) provided the amount of commercial trash and garbage per collection can be stored in a maximum of four (4) carts; otherwise, customers shall be required to used one or more of the following : mechanical containers, compactor service or roll off containers. Contractor shall provide such customers with one (1) 96 gallon cart. Customers may purchase carts for $70.00 each and shall pay the service rate as set forth in Exhibit B, currently $3.00 per month. SECTION 4: Section 4.9 Automated Cart Program is modified as follows: 4.9 Automated Cart Program. Contractor has the capability of providing certain automated equipment which may be utilized in conjunction with a toter cart program for garbage and vegetative waste collection ("Automated Cart Program"). By May 1, 2006, Contractor shall implement the Automated Cart Program pursuant to operational terms and conditions negotiated with the City, provided that same shall not result in an increase in total cost to the City. The Contractor shall be responsible for the purchase, distribution and repair of carts that have been damaged by Contractor's actions. Collector shall distribute one (1) or two (2) 96 gallon carts to each residential unit depending upon the customer's waste generation requirement. Those customers with minimal waste volumes may select one (1) 64 gallon cart. Carts will be distributed pursuant to a schedule mutually determined by City and Contractor. Contractor shall maintain, at all times, a sufficient number of carts to ensure that all extra or replacement carts can be provided within five work days upon notification by the City or the customer. Contractor shall distribute fully assembled carts to new residential units that are added during the term of this contract. Carts that have been lost or damaged due to customers' abuse or negligence shall be repaired or replaced, at the expense of the customer utilizing the then current cost of the cart. Customer may purchase a third cart for a charge of $70.00. Those seeking changes in cart size will be charged 525.00 dehvery clhnrae for each cnrli rhnnap SECTION 5: All provisions riot specifically modified herein shall remain in full force and effect. 2 IN WITNESS WHEREOF, the undersigned have set their hands and seals as authorized corporate officers and on behalf of the undersigned corporations. Signed, sealed and witnessed in the presence of.- THE £ THE CONTRACTOR: THE CITY: WASTE MANAGEMENT INC. OF FLORIDA a Florida Corporation (Corporate Seal) CITY OF CAPE CANAVERAL a Municipal Corporation 3 Meeting Type: Regular Meeting Date: 12-16-08 AGENDA Heading Discussion Item 11 No. in other categories. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-38 REVISING THE SCHEDULE OF FEES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider the adoption of Resolution No. 2008-38 revising the Schedule of Fees for the Collection and Disposal of Solid Waste. Summary Explanation & Background: The Fee Schedule will be effective January 1, 2009- These bills will be mailed out in early February 2009. The solid waste rates were last amended on 10-19-04 with a reduction in some rate categories and no increase in other categories. See attached memo from Waste Management outlining the new fees. I recommend approval. Exhibits Attached: Resolution No. 2008 -38: -Waste Management Memo- t 'itv Tronsurer',zRatP XAemo City Manager's DM , J Department ADMINISTRATION/FINANCE cauc-�� n�.��iuy uv�. uiucii�� auiiuii \(:V uiic:ll �tueeLlnCJ \GUUtS \1L-1b-U2i \LUUYf-.i ti.CiOC RESOLUTION 2008-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING THE ADOPTED SCHEDULE OF FEES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE, IN ACCORDANCE WITH THE SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 19, 2004, the City Council of the City of Cape Canaveral, Florida, adopted Resolution No. 2004-38 granting a five-year franchise extension for the collection and disposal of solid of solid waste to Waste Management, Inc. of Florida; and WHEREAS, in accordance with the adopted franchise agreement the City Council desires to amend Appendix B of the City Code to reflect a 4% Consumer Price Index Adjustment to the current schedule of fees for solid waste collection and disposal; moo WHEREAS, the City Council deems that this Resolution is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DUTY RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, that: SECTION 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. SECTION 2. Schedule of Fees Adopted. The schedule of fees contained within the solid waste agreement is hereby adopted and approved. A copy of such K:\CityClk\Resolutions\2008\2008-38 Solid Waste Schedule of Fees.doc City of Cape Canaveral, Florida Resolution No. 2008-38 Page 2 sections is attached hereto as Exhibit "A" and is hereby fully incorporated herein by this reference. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deems a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 5. Effective Date. This Resolution shall become effective on the day of , 2008 upon its 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 16th day of December, 2008. ATTEST: Susan Stills, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh For Against Schedule A Cape Canaveral CPI Effective 1/1/2009 CPI Increase 4.00% F R F (3 II F N r Y 29.08 Per container yard for twice weekly service (4 yd 2 x wk = 4 x 27.96) 4.16 Additional yard per pickup. (3rd Pu 4 vd= 4vd x 1 x 52.1. 12=17.33 x 4.00 0.00 Billed Loose Yard (Harris Samel 11.32 Loose/can serviced Commercial Monthly Rate Note: Mechanical rates above apply to both commercial and MF establishments that utilize mechanical contianers (pursuant to section 5.1.13) Loose/Can Commercial 1 2 3 4 5 6 Extra Dump Maint 2 58.16 94.21 130.27 166.32 202.37 8.32 - 3 87.24 141.32 195.40 249.48 303.56 12.48 - 4 116.32 188.43 260.53 332.64 404.75 16.64 - 6 174.48 282.64 390.80 498.96 607.12 24.96 - 8 232.64 376.85 521.07 665.28 809.49 33.28 - 29.08 Per container yard for twice weekly service (4 yd 2 x wk = 4 x 27.96) 4.16 Additional yard per pickup. (3rd Pu 4 vd= 4vd x 1 x 52.1. 12=17.33 x 4.00 0.00 Billed Loose Yard (Harris Samel 11.32 Loose/can serviced Commercial Monthly Rate Note: Mechanical rates above apply to both commercial and MF establishments that utilize mechanical contianers (pursuant to section 5.1.13) Loose/Can Commercial 1 2 3 4 CANCANS 11.32 11.32 CANS 11.32 CANS 11.32 RESIDENTIAL UNIT RATES - SEWER / WATER BILLED: Garbage/Yd trash Recycle Total Single home I $7.61 1 $1.93 $9.54 Multi Unit 1 $4.931 1 $1.73 $6.66 l\Jote: Handicap 'backdoor" service at above rates. AJo additional cost ROLLOFF RATES TO CUSTOMER FOR PERMANENT MSW WASTE STREAM ONLY. EXCLUDING DISPOSAL COSTS. THESE RATES DO NOT APPLY TO NEW CONSTRUCTION: Minimum 1 "OL-1OFFOPEN TOP Dry Runs Pull Each Add'I Pull Do not offer this size. This size not specified 5 Yard Open Top Per Pull in contract 0 Yard Open Top Per Pull $53.761 $145.14 $145.1, 0 Yard Open Top Per Pull $53.761 $172.03 $172.0; 0 Yard Open Top Per Pull $53.761 $198.90 $198.91 kBOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL FEES. Minimum 1 ROLLOFF COMPACTORS Pull Each Add'I Pull Do not offer this size. This size 5 Yard Compactor Per Pull not specified in contract D Yard Compactor Per Pull $145.14 $145.1 D Yard Compactor Per Pull $172.03 $172.0 0 Yard Compactor Per Pull $198.90 $198.91 ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL AND LEASE/MAINTENANCE FEES Note: Rolloff prices effective 112009 w November 21, 2008 Andrea Bower City of C'a^e Canaveral P.O. Box 326 Cape Canaveral, FL 32920-0326 Dear Ms. Bower: P. O. Box 3803 3303 Lake Drive Cocoa, FL 32922-3803 (321) 636-6894 (321) 984-8170 Fax The City of Cape Canaveral has granted Waste Management a 4% CP! increase rate adjustment pursuant to Section 5.2 of our Solid Waste Agreement. The new rates effective January 1, 2009 will be according to Schedule "A" attached. If you have any questions on this matter or any other, please do not hesitate to call me 4S'y, elet Xo Florida Government Affairs Director 12/18/08 Ms. Lora Howell Utility Accounting Manager City of Cocoa 603 Brevard Avenue Cocoa, FL 32923-1808 Lora, Enclosed please find a copy of the City of Cape Canaveral Resolution No. 2004-39, establishing a new schedule of refuse and recycling rates for City of Cape Canaveral refuse customers. This rate shall become effective as soon as the IMS department can input the new information. In consideration of our contractual billing arrangement, also please find below a list of commercial dumpster and commercial can rates broken into a monthly rate for your billing purposes. These rates have not changed. Cape Canaveral has a defined month of 4.33 weeks for calculation purposes. Single Family Service Multi -family Service Commercial Can Service Container Yards Additional Container Yards/Fick-ups Recycling -Multi -Family with bins Recycling -Single Family with bins Old Rate New Rate * 7.32 7.61 4.74 4.93 * 10.88 11.32 27.96 29.08 4.00 4.16 * 1.66 1.73 * 1.86 1.93 Note: There are no changes to Dumpster and extra Container yard charges. Dumpster 2 CU x 2 PU is $ 58.16 per month Dumpster 2 CU x 3 PU is $ 94.18 per month Dumpster 2 CU x 4 PU is $ 130.21 per month Dumpster 2 CU x 5 PU is $ 166.23 per month Dumpster 2 CU x 6 PU is $ 202.26 per month Dumpster 3 CU x 2 PU is $ 87.24 per month Dumpster 3 CU x 3 PU is $ 141.27 per month Dumpster 3 CU x 4 PU is $ 195.31 per month Dumpster 3 CU x 5 PU is $ 249.35 per month Dumpster 3 CU x 6 PU is $ 303.39 per month Dumpster 4 CU x 2 PU is $ 116.31 per month Dumpster 4 CU x 3 PU is $ 188.36 per month Dumpster 4 CU x 4 PU is $ 260.42 per month Dumpster 4 CU x 5 PU is $ 332.47 per month Dumpster 4 CU x 6 PU is $ 404.52 per month Dumpster 6 CU x 2 PU is $ 174.47 per month Dumpster 6 CU x 3 PU is $ 282.55 per month Dumpster 6 CU x 4 PU is $ 390.62 per month Dumpster 6 CU x 5 PU is $ 498.70 per month Dumpster 6 CU x 6 PU is $ 606.78 per month Dumpster 8 CU x 2 PU is $ 232.63 per month Dumpster 8 CU x 3 PU is $ 376.73 per month Dumpster 8 CU x 4 PU is $ 520.83 per month Dumpster 8 CU x 5 PU is $ 664.93 per month Dumpster 8 CU x 6 PU is $ 809.04 per month Commercial Can rate is as follows: Commercial can service for (1) Unit is $11.32 Commercial can service for (2) Unit is $22.64 Commercial can service for (3) Unit is $33.96 Commercial can service for (4) Unit is $45.28 My thanks to you and your staff for your continued cooperation and assistance. Please call me at 868-1234 if you have any questions. Sincerely, Andrea Bowers City Treasurer Enc. cc: Waste Management 5.2 Consumer Price Index Adjustment. The rates in paragraph 5.1 shall remain unchanged during the term of this Agreement unless the growth in the gross revenue generated from all collection and disposal services required hereunder falls below five percent (5%) for a particular year. If the gross revenue growth rate falls below five percent (5%), the rates shall be adjusted by the CPI. Each new rate shall be computed pursuant to the following mathematical formula: EXHIBIT "A" (con't) New Rate = (CPI2 - CPI 11 +l x Current Rate CPI I "CPI1 " The published CPI for the month of October of the preceding year. "CP12" The published CPI for the month of October for the year in which the rate is being adjusted. Adjustments to the prices made in accordance with this subsection are intended to reflect changes in the purchasing power of a given amount of money expressed in dollars. If CPI1 and CPI2 are not expressed in relation to the sa_me base period or if a material change is made in the method of establishing CPI, the City and the Contractor shall make an appropriate statistical adjustment or conversion. If the CPI is discontinued, the City and the Contractor shall mutually select another index published by the United States Government or by a reputable publisher of financial and economic indices. COLLECTION FEES: Existing Proposed I . Single-family, duplex and triplex, per unit per month. $7.67 2. Mobile home units and individual apartments or condominiums $7.32 per unit per month. $4'74 $4.74 3. Individual commercial business accounts with trash -cans per unit per month. $11.23 $10.88 4. Commercial Dumpsters used by commercial businesses, apartment Complexes and condominiums, per containerized yard per pick-up. $27.96 $27.96 5, Special collection services, in addition to the normally provided $4.00 Twice -weekly service for commercial dumpsters as provided in $400 (4) Above, per containerized yard per pick-up. 6. Recycling service, per single-family, duplex and triplex, per unit month. $2.21 $1.86 7. Recycling service, per Multi -family residential unit, ** S. $2.21 Roll -off container service (billed and collected by Waste Management) $166 • MSW Container delivery, per container. $50.00 • MSW per pull, per container 20 cubic yard. $135.00 $50.00 • MSW per pull, per container 30 cubic yard. $160.00 $135.00 • MSW per pull, per container 40 cubic yard. $160.00 • CONSTRUCTION & DEMOLITION $185.00 $185.00 9. Multi -family bulk green waste collection rates. (OPEN MARKET) • Full Clam load. • % Clam load. $120.00 • % Clam load. $ 90.00 • '/. Clam load. $ 60.00 $ 30.00 Thank you for allowing us to serve your fine community during the past gout. years We look forward to providing quality Solid Waste Collection service to your citizens in the future. Sincerely, i G rge R Geletko Florida Government Affairs Director Meeting Type: Regular Meeting Date: 12-16-08 AGENDA Heading Discussion Item 12 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: DEVELOPMENT MORATORIUM ON ALL PROPERTIES ADJACENT TO SR A 1 DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Shannon Roberts has requested that council consider imposing a moratorium on all new development for all properties adjacent to State Road AIA until the City has completed the Community Visioning Process. Summary Explanation & Background: City staff is negotiating a scope of work for the East Central Florida Regional Planning Council to assist the City in a Community Visioning Process that will take approximately 210 days to complete. Please advise. Exhibits Attached: N/A City Manager '.& Office Department LEGISLATIVE currents\admireunel\meeting\2008\12-16-2008\mo rat orium.doc