HomeMy WebLinkAboutPacket 08-04-2009 RegularCity of Cape Canaveral
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATION:
6:00 p.m. — 6:30 p.m.
Roz Foster of the North Brevard Heritage Foundation.
REPORTS:
6:30 p.m. — 6:45 p.m.
City Manager
Staff
Business & Cultural Development Board Report
AUDIENCE TO BE HEARD:
6:45 p. m. — 7:00 p. m.
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five 15) 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.
CONSENT AGENDA:
7:00 p.m. — 7:10 p.m.
1. Motion to Approve: Regular City Council Meeting Minutes of July 7, 2009 and
Special Meeting of the City Council of July 14, 2009.
105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 Fax: (321) 868-1248
www.cicyofr-apecanaveraJ.org • email: ccapecanaveral@cil.rr.com
Eitof Cape Canaveral, Florida
y Council Regular Meeting Agenda
August 4, 2009
Page 2 of 3
2. Motion to Approve: Resolution No. 2009-22; Appointing a First Altemate Member
as a Regular Member to the Code Enforcement Board, R. Lotspeich.
3. Motion to Approve: Outdoor Entertainment Permit for the Movie in the Paris at
Manatee Sanctuary Park, Friday, August 7, 2009.
ORDINANCE: Second Public Hearina:
7.10 p.m. — 7.30 p.m.
4. Motion to Adopt: Ordinance No. 07-2009; Amending Section 110-171 of the Code
of Ordinances re Alcoholic Beverage Special Exceptions.
RESOLUTION:
7.30 p.m. — 8:00 p.m.
5. Motion to Approve: Resolution No. 2009-24; Adopting a New Solid Waste
Franchise Agreement with Waste Pro, Inc., effective October 1, 2009, Adopting the
Solid Waste Rates and Adopting a Memorandum of Agreement with Waste Pro,
Inc. related to Enhanced Services and Equipment.
CONSIDERATION:
8:00 p.m. — 8.•30 p.m.
6. Motion to Approve: Resolution No. 2009-25, Suspending Temporary On -Premises
Sign Code Provisions and Related Permit Fees.
7. Motion to Approve: Resolution No. 2009-23; Supporting and Endorsing the
Principles of Home Rule.
8. Motion to Approve: Second Amendment to the Library Lease Agreement_
ORDINANCE: First Public Hearing:
8:30 p.m. — 8:50 p.m.
9. Motion to Approve: Ordinance No. 08-2009; Revising Chapter 82, Buildings and
Building Regulations, related to Permit Fees.
RESOLUTION:
8:50 p.m. — 9:10 p.m.
10. Motion to Approve: Resolution No. 2009-19; Permit Fees in Code of Ordinances.
of Cape Canaveral, Florida
�ty, Council Regular Meeting Agenda
August 4, 2009
Page 3of3
DISCUSSION:
9:10 p.m. — 9:30 p.m.
11. Summary of Senate Bill 360.
REPORTS:
9:30 p.m. —10:00 p. m.
12. Council
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: if
a person decides to appeal any decision made by the City Council with respect to any
matter considered at this meeting, that person will need a record of the proceedings, and
for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law. Persons with
disabilities needing assistance to participate in any of these proceedings should contact
the City Clerk's office (868-1221) 48 hours in advance of the meeting.
Tuesday August 4th. 6: pm
City of Cape Canaveral Annex
Special Presentation before regular
council meeting.
Econornic Benefits of Historic Preservation.
Roz Foster of the North Brevard
Heritage foundation will give a brief
overview of how the City of Titusville
has used their history and heritage to
increase cultural tourism to their local
area.
This presentation will demonstrate why
Cape Canaveral is ripe for historic
preservation. What preservation means
and how our community can tap into the
lucrative cruise and tourist industries.
Roz Foster itt from of Pritchard House in Titusville
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 7, 2009
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Bob Moog
Council Member
Buzz Petsos
Mayor
Rocky Randels,
Council Member
Shannon Roberts- (arrived at 6:02 p.m
Council Member
Betty Walsh
Others Present:
City Manager Bennett Boucher
City Attorney Anthony Garganese
Building Official Todd Morley
Planning & Development Director Barry Brown
Acting Deputy City Clerk Mira Goforth
PRESENTATIONS:
Legislative Update, State Representative Steve Crisafulli
Rep. Cdsafulli thanked Mayor and Council. The following are highlights of his freshman
sessions in the Florida Legislature and discussion with Council:
• In January there was a 'Legislative Special Session to balance a three (3) billion
dollar deficit;
• Florida took less Stimulus Money per person than any other state in the country;
the money was used for Education and Healthcare programs and certain
spending levels will need to be maintained;
• All of the legislation he filed this year was to get agencies to run more efficiently and
effectively; fewer bills were passed this year saving the State money;
• This year the Legislature also worked on Property Insurance Reform, Property
Tax Reform, and they capped Workman's Compensation Rates;
City of Cape Canaveral, Florida
City Council Regular Meeting
July 7, 2009
Page 2 of 9
• Initiatives placed on the ballot for 2010: the rolling back of non -homesteaded
properties assessed values from a ten (10) percent rate to a five (5) percent rate;
Pro -rated rates to first-time homebuyers; and an initiative that will help deployed
military to off -set the taxes that they are obligated to make while they are away;
• The legislature put a ten (10) percent cap on Citizens Property Insurance this
year;
• Rep. Crisafulli promised to work to get the Cost -Benefit Analysis Bill passed
within the next couple of years;
• Statewide, government reform of agencies is an issue that will probably be slowly
chipped away at;
• Rep. Crisafulli's big initiative is what East Central Florida (his district) will be facing
with twenty thousand potential job losses. With the help of the Florida Chamber of
Commerce, Enterprise Florida and the Economic Development Commission,
in an effort to attract new businesses, Rep. Crisafulli has been in contact with some
businesses that have to do with alternative energy sources;
• Rep. Crisafulli responded that he would contact the Florida Department of
Transportation (FDOT) about a turn signal at Central Avenue and SR AIA and
dropping the speed limit along SR AIA;
• Rep. Crisafulli responded that he sees no benefit to municipalities in passing
Amendment 4;
• Rep. Crisafulli opined that besides eco -tours, the Kennedy Space Center Visitor
Center, Port Canaveral and Disney, other opportunities need to be looked at for
bringing people to this area and keeping them here; he mentioned that he is
working with FDOT trying to get a Visitor's Center near Scottsmoor on 195 for
Brevard County,
Mayor Randels thanked Rep. Cdsafulli for being at the meeting.
BOARD INTERVIEW:
Rosalie Wolf — Community Appearance Board
Attorney Garganese addressed Ms. Wolf and she responded that the information in her
application was true and correct. She also explained to the City Council that she has been
living here for thirty (30) years. She and husband, Tom Quinn, retired five (5) years ago
from construction and she decided, in January, to give back to the community. Ms. Wolf
stated that she understood the roles and responsibilities of the Community Appearance
Board after appearing before the board many times in the past.
Ms. Wolf responded to Ms. Roberts that she has seen a lot of improvement over the years
and she thinks the City is moving in the right direction. Mayor Randels explained that a
Resolution will come before the Council for approval at the next City Council Meeting. The
Council thanked Ms. Wolf for volunteering.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 7, 2009
Page 3 of 9
REPORTS:
CITY MANAGER
• Mr. Boucher distributed a Public Works Status Report;
• Mr. Boucher distributed a Draft Policy, requested by Council, on how to handle
Proclamations, Keys to the City, Commendations and other forms of
Recognition; Mr. Boucher asked for feedback by the next meeting;
• Mr. Boucher announced the City is in for the next cycle with Brevard Job Link for
summer interns in August; Ms. Roberts inquired about the Cocoa Beach High
School students. Mr. Boucher responded that no money was earmarked for that
but it could be looked at during budgeting; Mr. Boucher responded to Ms. Walsh
that projects have been identified for the interns;
• Mr. Boucher inquired if Council preferred sixteen (16) or thirty two (32) free
Kennedy Space Center 40th Anniversary Apollo Banners; Council agreed on 32
banners.
• Mr. Boucher informed Council that the RFP (Request For Proposal) is out on the
Contract for Human Resource Services and is due on August 3; Discussion
took place between Council and Mr. Boucher on the following issues:
o Whether or not Council agreed on contracting out Human Resources (H.R.);
o Overlapping of City Clerk H.R. responsibilities with the outsourced services,
o Assessing capabilities and costs of H. R. Services;
o The approach to take, as a City, before taking action with an RFP;
o How H.R. Services Companies are made aware of the City's RFP; and
o Hiring a Health insurance Consultant to help negotiate the upcoming
contract.
• Mr. Boucher reminded Council about his request for feedback on their review of the
History Video; Council agreed to provide feedback by July 31,
• Mr. Boucher informed that two (2) Council Members submitted names for the
Charter Review Committee so far; Ms. Walsh informed that the Florida League of
Cities recommends reviewing City Charters every seven (7) to ten (10) years and
putting a review period in the Charter; Council agreed to supply the City Manager
with five (5) names each by July 14 and be ready to review by July 21; Mr. Boucher
emphasized that whomever they choose must be willing and able to serve.
• Mr, Boucher informed that the 2009/2010 Proposed Budget is out and he proposes
no tax increases, no layoffs and no wage increases; the meetings dates are
July 9, 14 and 16 from 5:30 p.m. — 8:00 p.m.
• Mr. Boucher informed that the City is recruiting a City Clerk and the closing date is
July 24.
• Mr. Boucher stated that the presentations on the Solid Waste Bid will be on July
21 at 5:00 p.m.; Waste Management and Waste Pro were offered the opportunity
to make presentations to City Council; the City Council Meeting will immediately
follow that workshop meeting,
• Mr. Boucher noted that the City Attorney's office and Staff put together a new H.R.
(Human Resource) Policy Manual and it is ready for First Reading. He stated he
City of Cape Canaveral, Florida
City Council Regular Meeting
July 7, 2009
Page 4 of 9
would forward advance copies to City Council; Mr. Boucher responded to Ms.
Walsh that he would check to see if the Florida League of Cities could perform a
cursory review of the draft. Ms. Roberts expressed her concern regarding the
City's H. R. issues right now and the need for fundamental reform using current and
contemporary H. R. practices.
Mr. Boucher announced that the Banana River Park Kayak/Canoe Launch was
finished and opened on the 4`" of July weekend.
Mr. Boucher responded to an inquiry regarding the Cape Canaveral Library
Community Room and informed that after negotiations with the County Attorney,
the Brevard County Library Director is willing to give the City Monday, Tuesday and
Wednesday nights or Tuesday Wednesday and Thursday nights and charge the
City $12/hour; Mr. Boucher stated that he relayed City Council's desire to close the
Library on weeknights and stay open on Saturdays; Council agreed not to pay
the Library $92 an hour for use of the Community Room.
Mr. Boucher announced that Mia Goforth is now the Acting Deputy City Clerk.
STAFF
Building Official
• No report.
Planning and Development Director
• Mr. Brown announced there would be a schedule out for the remaining
Community Visioning Workshops by the end of the week.
City Clerk
• No report.
City Attorney
0 No report.
BUSINESS & CULTURAL DEVELOPMENT BOARD REPORT
Chairperson Joanne Muncey announced the Business and Cultural Development
Board's next meeting will July 8 from 4 p.m. to 6 p.m.; Ms. Muncey noted the new
meeting schedule is working well.
Ms. Muncey announced that Ms. Andrea Bowers, City Treasurer, will be making
a presentation to the Board at the next meeting with an overview of the City
revenues and the City Manager and/or Mr. Brown will be giving updates.
Ms. Muncey related that an Action Item on the agenda will be a Tactical Plan for
Direct outreach to City Businesses.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 7, 2009
Page 5 of 9
AUDIENCE TO BE HEARD:
• Mr. Leo Nicholas, resident, expressed concern about comments heard over the
years from business owners, that the City of Cape Canaveral is not friendly
towards businesses. He urged an evaluation of the City's Code of Ordinances
and a comparison as to how other cities deal with businesses and to gain
feedback as to how business people feel. He stated this might be a good idea
going into the Community Visioning. Mr. John Porter, 215 Holman Road,
responded to Mr. Nicholas' concern specifying the need to stand up the
Canaveral Business Association to serve small businesses in the City and in
Port Canaveral that are underserved by the Cocoa Beach Area Chamber of
Commerce. He explained that education, representation and opportunities
would be the three basic concepts in standing up that association. Mr. Porter
pointed out that businesses find it tough to deal with the City because of
regulations and that is the City's job. Mr. Porter expressed hope that the
perception could be turned around by upgrading AIA and providing places for
people to be and to spend their money and he hoped this is what comes out of
the City's Redevelopment Plan, Visioning process and UCF (University of Central
Florida) Study.
• Mr. Ray Osborne, 209 Holman Road, requested that Roz Foster's presentation:
"Economic Benefits of Historic Preservation" for the North Brevard Heritage
Foundation be made on Tuesday, August 4 at 6 p.m.; Council agreed.
• Frank Kuhn, resident, shared his opinions on the laws pertaining to sexual
offenders living in the City, the City's short-term rentals ordinance and the City
Manager's pay rate.
CONSENT AGENDA:
1. Motion to Approve: Regular City Council Meeting Minutes of June 16, 2009.
2. Motion to Approve: Special Outdoor Entertainment Permit; Farmers Market
on property located at 6355 and 6395 N. Atlantic Avenue; Banana River LP.
Mayor Randels asked if any Council Member, Staff or interested party desired to remove
any of the items for discussion. Ms. Roberts requested to remove Item No. 2.
A motion was made by Ms. Walsh and seconded by Ms. Roberts to Approve the
Regular City Council Meeting! Minutes of June 16, 2009 with Proposed
Modifications. The vote on the motion carried 5-0 with voting as follows: Mayor
Pro Tem Hoog, For; Mr. Peteos, For; Mayor Randeis, For; Ms. Roberts, For and
Ms. Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 7, 2009
Page 6 of 9
Ms. Roberts mentioned that Council previously brainstormed about the possibility of
the City having a farmers market at Manatee Sanctuary Park and inquired if this
farmers market would be located where the Azteca Restaurant used to be.
Mr. Porter responded yes, that it would be located between the old restaurant and
the golf course and in the back of the golf course parking lot.
Ms. Roberts requested more information. Mr. Porter explained his belief there is a
need in the market place and they are requesting a length of time to see what
the demand is. His description of the market included a good amount of
produce, home -baked goods and hand crafts made by residents and artisans
within the City. He cited the UCF Study and the City's Redevelopment Plan as
proof for the demand and need for building more culture in the City and having
a place where people can gather, Mr. Porter expressed his desire for this area to
be one of the City's "Town Centers" for Culture, Community and Commerce.
Discussion took place on marketing, location, parking, bathroom facilities and
hours of operation.
Todd Morley, Building Official, requested to review the bathroom facilities and
parking and suggested Council should condition the Approval with the
opportunity for review by the Community Development Department.
Mayor Pro Tem Hoog inquired as to why this did not go through the Community
Development Department. Mr. Boucher responded that it is not a specific,
allowable permitted use in the commercial zoning district. Mr. Porter clarified
the permit is temporary and if the concept works over the next few months, it
could be added into the code as an allowable use.
• Anthony Garganese, City Attorney, responded that he wanted to go on record
to say that if something is not specifically listed in the code, it is prohibited and
you run the risk of circumventing your zoning code, unless it is short term. He
stated that if this becomes a successful venture, it is his recommendation to
change the code to allow this specific type of use. Mr. Garganese cited
examples of the symbiotic relationship between cities and farmers markets, such
as in the City of Cocoa and the City of Winter Springs, and he suggested the City
of Cape Canaveral become more heavily involved in the regulations and the
promoting of this venture if it does become successful.
• Mayor Randels clarified the correct length of time on the permit as being from
July 25, 2009 through December 39, 2009.
A motion was made by Mayor Randels and seconded by Mr. Hoog to Approve the
Special Outdoor Entertainment Permit; Farmers Market on Property located at
6355 and 6395 N. Atlantic Avenue with Consideration of the Community
Development Department Review and Approval. 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.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 7, 2009
Page 7 of 9
ORDINANCE: Second Public Hearing:
3. Motion to Adopt: Ordinance No. 05-2009; Sign Code.
Attorney Garganese read Ordinance No. 05-2009 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, ADOPTING A NEW CHAPTER 94, SIGNS, OF THE
CODE OF ORDINANCES; PROVIDING FOR THE PURPOSE AND SCOPE OF
THE CHAPTER, DEFINITIONS, THE REGULATION OF TEMPORARY SIGNS,
SIGN APPLICATION, PERMIT, INSPECTION PROCEDURES, ZONING
DISTRICT RESTRICTIONS, SIZE, TYPE AND PLACEMENT REQUIREMENTS;
PROVIDING FOR ENFORCEMENT REGULATIONS; PROVIDING A
STATEMENT OF VIEW POINT NEUTRAL INTENT RELATIVE TO MESSAGES
ON SIGNS; PROVIDING FOR OTHER MISCELLANEOUS AMENDMENTS;
AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT
FEES; MAKING CONFORMING AMENDMENTS TO THE CITY CODE;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND
EFFECTIVE DATE.
Attorney Garganese stated the one change that was requested at First
Reading has been made to this Ordinance in Chapter 94-78 paragraph (c)
and stated that Todd Morley, Building Official, has some other issues he
would like to address.
Mayor Randels inquired if the Draft dated June 18, 2009 is the most
current draft they would be working off of and Mr. Morley responded yes.
Mr. Morley proceeded to highlight the following:
• Maximum Height of any sign, according to this code, would be
twenty feet (20 ft.) and one of the issues talked about lately is what
would happen to non -conforming signs. Mr. Morley stated that
he wanted to reiterate that if you have a sign that is greater than 20
ft.; it does not mean that you have to remove that sign if this
ordinance is adopted. He further explained that it puts it in non-
conforming status which means if it is destroyed, fifty percent of
its value can only be rebuilt as a conforming sign; 20 ft. There is no
sunset amortization provision in this code.
• The only new signs that this code allows are monument signs and
pylon signs up to twenty feet.
• Monument signs are encouraged by saying electronic signs can
go into them and in the case of a pylon sign you can only get
electronic signs by a procedure through the City Manager's
Approval. That pylon sign must be limited to 20 ft. high and conform
to all other aspects of the code. Mr. Morley stated he proposed to
put this language in the code; Section 94-6 (aa) under Prohibited,
City of Cape Canaveral, Florida
City Council Regular Meeting
July 7, 2009
Page 8 of 9
page 11; Pole Signs, However, the City Manager may grant an
administrative variance for pole signs if the City Manager
determines the subject property cannot accommodate a monument
sign due to physical size, ;building and setback constraints of the
property. In order to be considered for approval, the overall height
of the sign shall be no greater than 20 ft.; the sign must comply with
all other applicable codes. Mr. Morley clarified that pylon signs are
permitted by the new code as a new sign provided they do not
exceed 20 ft. and responded to Attorney Garganese that this is the
language he sent him slightly revised by omitting the pylon signs
portion. Mr. Morley asked for permission to add the language to
the code and proceed to the next item.
• Discussion followed on this portion of the Sign Code regarding
electronic signs, flat screen computer signs, hardship provisions,
administrative variance procedures, visibility issues and size and
height of signs.
• Mr. Harry Pearson, Planning and Zoning Board, shared his
concern over the Gas Stations in the City and how dropping the
sign height to ten feet (10 ft.) would be a traffic hazard.
• Mr. Alan Beal, business owner, expressed that he was under the
impression that he would only have to drop his thirty foot (30 ft.)
sign down to twenty feet (20 ft.) without having to get approval.
• Mr. Morley read Section 94-85 (b) Variances and stated that
variances are rarely requested. He noted there are two (2) variance
provisions in the Sign Code chapter.
• Mayor Pro Tem Hoog recalled that at the First Reading of the Sign
Code, Council had previously agreed to let business owners have
reader board signs and drop their signs from 30 ft, down to 20 ft.
without having to get approval with a variance. Mr. Morley stated
there is no consensus on the Council for making this an
allowable option right now.
• Ms. Joyce Hamilton, resident, expressed her opinion that it is a
good idea to give the businesses incentives for new signs, but
urged Council not to make them do things that they cannot afford.
She suggested alternatives such as helping with financing or
grants.
• More discussion continued,
• The City Council was not able to come to consensus on the
Second Reading of the Sign Code.
Due to the lateness of the hour, the rest of the agenda items were not discussed.
ADJOURNMENT:
City of Cape Canaveral, Florida
City Council Regular Meeting
July 7, 2009
Page 9 of 9
There being no further business, the Meeting adjourned at 10:05 P.M.
Rocky Randels, MAYOR
Mia Goforth, Acting Deputy City Clerk
CITY COUNCIL SPECIAL MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 14, 2009
8:15 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 8:15 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tern
Bob Hoog
Council Member
Buzz Petsos
Mayor
Rocky Randels
Council Member
Shannon Roberts
Council Member
Betty Walsh
Others Present:
City Manager
Bennett Boucher
Assistant City Attorney
Kate Latorre
City Clerk
Susan Stills
Building Official
Todd Morley
Planning and Development Director
Barry Brown
Recreation Director
Robert Lefever
CONSIDERATIONS:
8:14 p.m. — 9:15 p. m.
Motion to Approve: Ordinance No 07-2009; Amending Section 110-171 or the
Code of Ordinances re: Alcoholic Beverages Special Exceptions, First
Reading.
Assistant City Attorney Latorre read Ordinance No. 07-2009 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING SECTION 110-171 OF THE CODE OF ORDINANCES
RELATED TO ALCOHOLIC BEVERAGE SPECIAL EXCEPTIONS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
City of Cape Canaveral, Florida
City Council Special Meeting Minutes
July 14, 2009
Page 2 of 4
Mr. Brown read his report into the record, Ms. Roberts asked if Charlotte's Web and Club
Lido were located within the City limits. Mr. Brown replied that Charlotte's Web was within
the City limits. Mr. Brown informed that recently Izzy's had their State license amended
from 75 seats to 150 seats.
According to State rules, at 150 seats there is a special license that would permit them to
serve liquor. Mr. Brown informed that no other City has distance separation requirements
as does the City of Cape Canaveral. If the City Council approves this request, Izzys will
still need to address some parking issues. However, these could be addressed at the
Special Exception stage. Mr. Brown. reported Staffs recommendation to reduce the
number of required seating from 200 to 150 seats. Mr. Petsos concluded that this would
bring the City in line with State requirements.
A motion was made by Ms. Roberts and seconded' by Mr. Petsos to Approve
Ordinance No. 07-2009 at First Reading. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For; Mayor Randels,
For; Ms. Roberts, For and Ms. Walsh, For.
2. Motion to Approve: Satisfaction or Release of Code Enforcement Lien, Avon
Terrace LLC, c/o David B. Daley.
Todd Morley, Building Official, stated that Mr. Daley was fined $500 for removing trees
from his property. Mayor Randels informed that Mr. Daley removed two Norfolk pines.
Mr. Petsos pointed out that the trees were doing damage to the property. Mr. Morley
stated that the Code Enforcement Board was recommending a full release of the $500
Lien.
Ms. Roberts requested that Mr. Daley pay the Staff costs of $405.84. Mr. Daley thanked
the City Council; for addressing his issue. H14 stated that the trees were posing a hazard to
the property. Mr. Dacey complimented, Todd Morley, Duree Alexander and Joy Lombardi
for the Staff service. Mr. Morley informed that Mr. Daley had provided a tree mitigation
plan. Mr. Daley expressed his favor with the City Council's request that he pay for Staff
cost.
A motion was made by Mr. Petsos and seconded by Ms. Walsh to Grant the
Satisfaction of the $500 Fine and g Pay the $405.84 for Staff Expenditures. 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.
3. Motion to Approve: Designation of a Voting Delegate for the Florida League
of Cities Annual Conference.
Mayor Pro Tem Hoog and Mr. Petsos both planned to attend the annual conference. Mr.
Petsos nominated Mayor Pro Tern Hoog as the Voting Delegate for the Florida League of
Cities Annual Conference. Mayor Pro Tem Hoog accepted the nomination.
City of Cape Canaveral, Florida
City Council Special Meeting Minutes
July 14, 2009
Page 3 of 4
A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the
Designation of Mayor Pro Tem Bob Hoog as the Voting Delegate for the Florida
League of Cities Annual Conference. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For; Mayor Randels,
For; Ms. Roberts, For and Ms. Walsh, For.
4. Motion to Approve: Request for State and Federal Transportation Project
Funding.
Mayor Randels read the proposed State and Federal Transportation Projects for Funding
into the record:
Project No. 1: Reconfigure alignment of intersection at International Drive and N. Atlantic
Avenue;
Prosect No. 2: Design and construct an urban roadway profile for SR Al A;
Project No. 3: Construct a pedestrian overpass at SR A1A and Columbia Drive;
Prosect No. 4: Install a traffic signal with pedestrian features at SR Al and Columbia
Drive;
Project No. 5: Install overhead boom/mast arm signals at four (4) locations;
Protect No. 6: Street lighting plan and implementation for A1A; and
Project No. 7: Synchronize traffic lights on A1A.
Ms. Roberts inquired about the curb and gutter project. Mr. Boucher responded that this
related to the Urban Roadway Project. Ms. Roberts recommended moving Project No. 2
up to No. 1. Mayor Randels and Mr. Petsos also agreed based on its potential to reduce
the speed limit to 35 -miles -per hour.
A motion was trade by Ms. Roberts and seconded by Ms. Walsh to Approve the
Request for State and Federal, Transportation Project Funding Changing Project No.
2 up to Number 1 and Number I down to Number 2. The vote on the motion carried
5-0 with voting as folilows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor
Randels, For; Ms. Roberts, For and Ms. Walsh, For.
Ms. Roberts thanked Ms. Walsh for calling the Special Meeting to conclude City Council's
core business.
Mr. Petsos requested for the Council to direct Mr. Brown and Mr. Phil Laurien to
place two questions on a Visioning Session Survey: 1) Sign Height [90,15, 20 or 30 -
feet]?, and 2) Are you in favor of electronic signs in the community?
A motion was made by Mr. Petsos and seconded by Ms. Roberts for an Add -On on
this Meeting. 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.
City of Cape Canaveral, Florida
City Council Special Meeting Minutes
July 14, 2009
Page 4 of 4
Mayor Pro Tem Hoog asked if the Sign Ordinance could be placed back on an Agenda
without discussion of the Electronic Signs. Ms. Roberts clarified that if the Council agreed
with Mr. Petsos' recommendation for survey questions then they would have input from
the community for the next Sign Code Meeting discussion.
■ Ms. Hamilton asked Mr. Petsos to share his suggestion with the Visioning
Committee on Monday, July 20'h. Mr. Petsos replied to Ms. Hamilton that the
Council needed to direct Staff on some type of action.
■ Mr. David Schirtzinger pointed out that the two questions Mr. Petsos recommended
did not fully address the Sign Code discussion.
■ Mr. John Johanson reminded that photos would also be available.
■ Mr. Donald Dunn asked what the City Council planned to do with the feedback from
the Visioning Session and he saw no benefit.
Assistant City Attorney Latorre advised that the Council was requesting to place
something on the future Agenda and not on tonight's Meeting; therefore, she agreed that it
could be done.
Ms. Roberts suggested a modification to the Motion that the Mr. Petsos' recommendation
be presented to the Visioning Committee on July 20'h.
A motion was made by Mr. Petsos and seconded by GUIs Roberts for the Visioning
Committee to Prepare Two Survey Questions - 1) Sign height [10, 15, 20 or 30 -feet],
and 2) are you in favor of electronic signs in the community for Phil Lauren and
Barry Brown and For the Committee to Return with Results to the City Council on
Tuesday, July 21St. The vote oh the motion carried 5.0 with voting as follows:
Mayor Pro Tem Hoog, For; Mir. Petsos, For; Mayor Randels, For; Ms. Roberts, For
and Ms. Walsh, For
ADJOURNMENT:
There being no further business, the Meeting adjourned at 9:00 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: August 4, 2009
Item No. 2
Subject: Consent: Resolution No. 2009-22 Appointing a First Alternate Member
as a Regular Member to the Code Enforcement Board; Ralph S. Lotspeich, Jr.
Departmei
Summary:
lnfivp
Term will expire 10-01-11
Requested Council Action:
Consider approving Res. No. 2009-22 appointing Ralph S. Lotspeich, Jr. as a Regular
Member to the Code Enforcement Board,
Financial Impact:
N/A
Attachments: Q Supporting Documents Reviewed
Res. No. 2009-22; Resignation letter from Charles Biederman
Submitting Department Head: Date: 07-27-09
Approved by City Manager: Date: ,
City Council Action: [ ] Approi as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION NO. 2009-22
A RESOLUTION APPOINTING A FIRST ALTERNATE
MEMBER AS A REGULAR MEMBER OF THE CODE
ENFORCEMENT BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City
Code Section 2-256 created a Board known as the Code Enforcement Board of the City
of Cape Canaveral, Florida; and
WHEREAS, it is now incumbent upon the City of Cape Canaveral City Council
to appoint a First Aitemate Member as a Regular Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Ralph S. Lotspeich, Jr. is hereby appointed as a Regular Member
of the Code Enforcement Board of the City of Cape Canaveral, Florida, with a term to
expire on October 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 4th day of
Amus, 2009.
Rocky Randels, Mayor
ATTEST:
Name For Against
Mia Goforth, Acting Deputy City Clerk Robert Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts
Approved as to Form: Betty Walsh
Anthony A. Garganese, City Attorney
July23, 2009
Cape Canaveral City Council
Please accept my resignation from the Code Enforcement Board
Health Problems make It difficult to continue,
Charles L� n� .
City Council Meeting Date: AUGUST 4, 2009
Item No
Subject: Consent: Outdoor (Entertainment Permit for the Movie in the Park
at Manatee Sanctuary Park, Friday, August 7, 2009, 8 pm to 11 pm
Department: Parks & Recreation
Summary:
See attached memo and event flyer.
Requested Council Action:
City Council consider the approval of an outdoor entertainment permit for the Movie in
the Park at Manatee Sanctuary Park on August 7th, as requested by the Parks &
Recreation Director.
I recommend approval.
Financial Impact:
N/A
Attachments: % Supporting Documents Reviewed
Recreation Director's memo, permit application, and event flyer
Submitting Department Head: Date: 07-30-09
Robert Lefever
Approved by City Manager: Date: �04elo°
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
cape-ntlkim\mydocumen sladminlcounciKmeeting\2009108-04-09Vnovie.doc
Memo
TO: Bennett Boucher, City Manager
Run Robert Lefever, Parks & Recreation Director
CQ Mayor Randels & City Council Members
oa-n July 30, 2009
Ree Outdoor Entertainment Permit
Bennett,
The Parks & Recreation Department will, be hosting Movie in the Park on Friday, August 7,
2009 at Manatee Park. We will be showing "Fy Me to the Moorr°. Previews will start at dusk
& the movie will follow at dark. Admission & popcorn is free for everyone. The Kiwanis Club
will be selling candy & drinks.
We are requesting an outdoor entertainment permit & that any & all fees be waived.
I have attached a Ayer with all the details for the event.
Thanks,
/W f V`9 -N
Robert Lefever
Revised 03-22-07
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT
Date: /"-? q
The applicant or representative agrees to be on site at all times empowered with authority over all aspects
of the event and empowered to act for the applicant.
Name of Applicant: /6�t° el- Title:A�/d/1
Firm:
Address:_7,��d /V. ,/ �fi ve. C �' ��• xv9V, 7
E -Mail:
Telephone: ? ti '��F-� .,. _ FAX:
Local Contact: crAtw -r,.j Ga,�4`(f Title:
Local Address (if different from above)
Type of Event: Ovdll ,Dyl /*Y/6- I
Will Alcoholic Beverages Be Served on the Premises? YES NO`koo!f
Event Date(s) in Cape Canaveral: & ,
Location(s):
Date(s)
Attach map(s) indicating event area and designated parking areas.
CTraffic Control
FiStreet Closing
OOther
Ouse of Police/Fire Rescue Equipment
DVehicles/Equipment on Beach
OVehicle Parking on City Property
Specify: d �/ �.— .... �/ /�&/1 Q®4q
Time
if applicant wishes to erect tents or other temporary structures in conjunction with the event, a building
permit application must also be submitted along with aU pertinent information relating to the temporary
structures and their proposed location. Submittal of the building permit application will occur AF7ER City
Council has approved the Outdoor Entertainment Permit.
By signing this application, the applicant acknowledges and agrees to the following provisions:
Revised 03-22-07
I. INSURANCE
A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor
entertainment event against any and all claims and demands made by any person for injuries received in connection
with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limitsof not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00
damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for
bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall
be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the
premiums are paid.
Name of Insurance Co: fLAfa, C': , 6f6'11/!L°f Policy No:
Expiration Date: J4 /d
II. PROMOTIONAL AUTHORTZATTON
Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes
and other media related purposes.
III. EXPENSES/FEES
The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and
any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral.
IV. EXEMPTION'S
Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections
waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been
otherwise provided for as required by said code. List any exemptions you are seeking.
_AY
Date /
Applicant or Re sentative/Title
Approved by City of Cape Canaveral:
City Representative's
Signature:
Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape
Canaveral.
For further infonnalion, please contact: City of Cape Canaveral
Bennett C. Boucher, City Manager
105 Poll: Avenue
Cape Canaveral, FL 32920
Phone: (32l) 868-1230
Fax: (321) 868-1224
MOVIE IN THE PARK
191
UUMILIM0
"FLY ME TO THE MOON"
The Kiwanis Club will be selling candy & drinks. Please bring a blanket
or a lawn chair & mosquito spray, For more information call
the Recreation Department at 8,68-1226.
RANDATIE
AUGUST 14T, H
FREE FOR EVERYONE
FRIDAY, AUGUST 7TH
PREVIEWS - DUSK
MOVIE - DARK
MANATEE PARK
701 THURM BLVD.
CAPE CANAVERAL
These materials are neither sponsored by nor endorsed by the Board,
its agents, or its employees. The views and the information contained
in the materials are not an expresaion of the opinion. belief. or poliny of
the doard, the District, and/or the administration."
RAIN DATE
AUGUST 14TH
Subject: To amend the City Code of Ordinances Section 110-171(a)(2), reducing the
minimum required seating from 200 persons to 150 persons for a restaurant to be
exempt from the 2000 ft. separation requirement to serve liquor.
Department: Community Development Department
Summary: Izzy's is an upscale restaurant that is currently approved for beer and wine
service only. Ms. Krause wants to obtain a full-service liquor (4COP) license and serve
liquor at Izzy's. Our code requires that establishments that serve liquor be separated
from one another by 2000 feet. One of the exceptions to the distance separation is for
restaurants that have seating for 200 or more persons. Izzy's is within 2000 feet of
other establishments that serve liquor including Charlotte's Web and Club Lido. Since
Izzy's is within 2000 ft. of another establishment that serves liquor, it must have 200
seats in order to be exempt from our distance requirement. Ms. Krause approved by
the State for 150 seats is therefore requesting we change the code from 200 to 150
seats to be exempt from the distance requirements. Staff recommends approval. The
Council heard this request at its July 7, 2009 meeting and unanimously recommended
approval.
Requested Council Action: Adopt the requested Code revision.
Financial Impact: None.
Attachments: ❑ Supporting Documents Reviewed
Application; Section 110-171 of City Code; Planning and Zoning Board minutes; Krause
letter; Alcoholic Beverages Matrix; Compliance Issues Memo;
Submitting Department Head: Barry Brown Date: 7/28/09
Approved by City Manager: Date: QrT
(�5m
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
View Legal ted# 142329
Print Window Close window
A O # 142329,07/18/20,09
NOTICE OF PUBLIC HEARING
The City Council of the City of Cape Canaveral,
Florida will hold a Public Hearing for the
purpose of discussing Ordinance No. 07-2009
In the City Haul Annex„ 111 Polk Avenue, Cape
Canaveral, Florida at S P.M , on Tuesday,
August 4, 2009. The Ordinance may be
inspected in its entirety in the City Clerk's office
during business hours (8°:30 a.m. to 5:00 p.m.,
Monday -Friday).
ORDINANCE 07-2009
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING SECTION 110-171 OF THE CODE
OF ORDINANCES RELATED TO ALCOHOLIC
BEVERAGE SPECIAL EXCEPTIONS;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE
CODE; SEVERABILITY, AND AN EFFECTIVE
DATE.
Page 1 of 1
Pursuant to Section 286.1015, 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 might need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. Persons with disabilities needing assistance to participate in any of
these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the
meeting.
Bennett Boucher, City Manager
AD*: 142329
Publication: Florida Today
First Published: 07-18-2009
http:/Aegals.flatoday.neUdb/d1splay.htm?CMDF DISPLAY&Id�45704 7/27/2009
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 07/07/09
Item No
Subject: To amend the City Code of Ordinances Section 110-171(a)(2), reducing the
minimum required seating from 200 persons to 150 persons for a restaurant to be
exempt from the 2000 ft. separation requirement to serve liquor.
Department: Community Development Department
Summary: Izzy's is an upscale restaurant that is currently approved for beer and wine
service only. Ms. Krause wants to obtain a full-service liquor (4COP) license and serve
liquor at Izzy's. Our code requires that establishments that serve liquor be separated
from one another by 2000 feet. One of the exceptions to the distance separation is for
restaurants that have seating for 200 or more persons. Izzy's is within 2000 feet of
other establishments that serve liquor including Charlotte's Web and Club Lido. Since
Izzy's is within 2000 ft. of another establishment that serves liquor, it must have 200
seats in order to be exempt from our distance requirement. Ms. Krause approved by
the State for 150 seats is therefore requesting we change the code from 200 to 150
seats to be exempt from the distance requirements. Staff recommends approval.
Requested Council Action: Approve the requested Code revision.
Financial Impact: None.
....._....
Attachments: o Supporting Documents Reviewed
Application; Section 110-171 of City Code; Planning and Zoning Board minutes; Krause
fetter; Alcoholic Beverages Matrix; Compliance Issues Memo;
Submitting Department Head: Bary Brown Dater 6/30/09 .......................
Approved by City Manager: Date:
------
City Council Action: Approved as Recommended Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 07-2009
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING SECTION 110-171 OFTHE CODE OF
ORDINANCES RELATED TO ALCOHOLIC BEVERAGE
SPECIAL EXCEPTIONS; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 1 10-171 of the City Code sets forth the requirements and conditions
for which special exceptions may be granted authorizing certain establishments to sell, dispense,
serve or store alcoholic beverages or to allow the consumption ofalcoholic beverages on -premises;
and
WHEREAS, said establishments are generally prohibited from being located within 2,000
feet of another establishment which sells, distributes, serves or stores alcoholic beverages or is
authorized for on -premises consumption of alcoholic beverages; and
WHEREAS, section 110-171(a)(2) of the City Code currently provides an exception from
this 2,000 foot distance requirement for, among other things, restaurants seating 200 or more
persons; and
WHEREAS, on October 22, 2008, by majority vote, the Planning & Zoning Board
recommended to the City Council that section 1 10-171(a)(2) be amended to reduce the minimum
seating requirement to 150 in order for establishments selling, distributing, serving or storing
alcoholic beverages, or serving alcoholic beverages for consumption on -premises, to be excluded
from the 2,000 foot distance requirement; and
WHEREAS, the City Council desires to amend the City Code consistent with the Planning
& Zoning Board's recommendation as set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health. safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
City of Cape Canaveral
Ordinance No. 07-2009
Page 1 of 3
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter I l0, Zoning, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strilccout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 1 10. Zoning. It is intended that the text in Chapter 110, Zoning, denoted by
the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
to adoption of this Ordinance):
CHAPTER 110. ZONING
ARTICLE IV. SPECIAL EXCEPTIONS
DIVISION 2. ALCOHOLIC BEVERAGES
Sec. 110-171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those, whether or not licensed by the state Department of Business
and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense,
sell, serve, store or permit consumption on the premises of alcoholic beverages. In
consideration of a special exception application, the board of adjustment shall not approve
the application unless it is totally consistent with all the conditions as set forth in this section
and also the following:
(2) The establishment, if licensed by the state division of alcoholic beverages and
tobacco to permit on -premises consumption of beverages, shall not be located within
2,000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided,
however, exceptions to this subsection are:
City of Cape Canaveral
Ordinance No. 07-2009
Page 2 of 3
Restaurants sealing 150 2-66 or more persons.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, orparts of priorordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. ]incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability, 1f 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 b. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
. 2009.
ATTEST:
ROCKY RANDELS, Mayor
For Against
Bob Hoog
Buzz Petsos
SUSAN STILLS, City Clerk Rocky Randels
C. Shannon Roberts
Berry Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 0? -2009
Page 3 of 3
City of Cape Canaveral, Florida
City Council
July 7, 2009
STAFF REPORT
Applicant: Brigitte Krause, Owner of Izzy's Bistro
Request: To amend the City Code of Ordinances Section 110-171(a)(2), reducing the
minimum required seating from 200 persons to 150 persons for a restaurant to be
exempt from the 2000 ft. separation requirement to serve liquor.
Description: Izzy's is an upscale restaurant that is currently approved for beer and wine
service only. Ms. Krause wants to obtain a full-service liquor (4COP) license and serve
liquor at Izzy's. Our code requires that establishments that serve liquor be separated
from one another by 2000 feet. One of the exceptions to the distance separation is for
restaurants that have seating for 200 or more persons. Izzy's is within 2000 feet of
other establishments that serve liquor including Charlotte's Web and Club Lido. Since
Izzy's is within 2000 ft. of another establishment that serves liquor, it must have 200
seats in order to be exempt from our distance requirement.
Recently, Izzy's State restaurant license was amended to increase its seating from 75 to
150 seats (see attached license). They went to 150 seats because by Florida Statute
561.20, a restaurant must have a minimum of 150 seats to be eligible to obtain a special
license to serve alcohol without having to purchase a license on the open market.
In order for Izzy's to be able to serve liquor the ordinance will have to be changed to
reduce the minimum number of seats for a restaurant to be exempt from the distance
requirement from 200 to 150 seats. The City will have to issue a Local Business Tax
Receipt (formerly Occupational License) for 150 seats and the Board of Adjustment will
have to grant a Special Exception.
The Planning & Zoning Board heard this request last October and recommended
approval (see attached minutes of the meeting for discussion and reasoning behind
recommendation). The applicant made the case that not being able to serve liquor put
her at a competitive disadvantage with restaurants in surrounding communities.
Subsequently Ms. Krause drafted a letter, included in this packet that lists the
restaurants that have full-service liquor (4COP) licenses in Cape Canaveral, Cocoa
Beach, Satellite Beach, and at the Port. Also, staff took a survey of surrounding
jurisdictions and prepared a matrix of their requirements for restaurants to serve liquor
(see attached matrix). Among Brevard County, Cocoa Beach, Cocoa, and Satellite
Beach, none have distance separation requirements and the highest minimum seating
requirement is 40 seats.
If the Council approves the request, lzzy's still has parking and impact fee issues to be
addressed before a Local Business Tax Receipt would be approved. See Compliance
Issues memo dated June 22, 2009.
Recommendation: Staff supports the request. The reasons for the distance separation
are not as relevant as in the past and do not reflect the current demand for services.
They especially do not apply to restaurants. Staff agrees that not being able to serve
liquor puts Izzy's at a competitive disadvantage. Therefore, staff recommends reducing
the number of required seats for a restaurant to be exempt from our distance separation
requirements from 200 to 150 seats.
APPLICATION
FOR AMENDMENT TO THE
CITY OF CAPE CANAVERAL
CODE OF ORDINANCES
DATE: 9'9 -05
APPLICANT: R7�/ T'TE KRAPS-F. DBA
ADDRESS: �N �� N• /4-Tc4AFIC AiF S0/7FrCity CAPE CRNf1!/ e--
Cel(:�►��i
State FL- ZIP 32-924 TELEPHONE:
REQUESTING AMENDMENT TO CODE SECTION //C) - /7/(a)(2)
SECTION PRESENTLY READS:
Seo --rt n!!� 200 or more- per -sons",
(fy i- c•. LV
REQUESTED CHANGE TO READ: a �es"-au ra,n t� .�ea`�r►�
15 Q or Moro -
REASON
ori
REASON FOR REQUESTED CHANGE: -Al
2008 Fla, -Edo,_ t-,---SSlo,
(ATTACH ADDITIONAL. SHEETS IF NECESSARY)
ref
FEE FOR REQUEST: 5250.00 DATE PAID: 9 /10 /vg
City of Cape Canaveral
Building Department
(Please Print Legibly or Type)
DATE FILED R -,f5-C6 FEE PAIDJ&5 DEPOSIT
RECEIVED BY SRL S 250.00 FILING FEE IS NON-REFUNDABLE
NATURE OF REQUEST v
_ SPECIAL EXCEPTION VARIANCE _ REZONING _ APPEAL ^ CODE AMENDMENT
(1F REQUEST IS FOR A TELECOMMUNICATIONS TOWER ATTACH SHEET R 1 OF TOWER APPLICATION)
DESCRIPTION OF REQUEST
(Insure that th'e specific sections of the Zoning Ordinance that allow & support your request are noted)
(Attach separate sheet if necessary)
%aMenjd 5eccrifir4
f`2gvlr2ment
In etty
(3rdrn�n��
M) /%l (Q) [
2)Q
�rc�it,
200 f`a fti0
�e✓sa�1s,
- Addressofrequest-i>%••.-%%TLHA1ta.c..F_v_E- �vlrEt��J��,�C'/�1+►�G1----- _....., . - ._._.
Legal Desc. LOT BLK. SUB, TWP. Range
STATEMENT OF FACT. State of Florida, County of Brevard; ruL` L L�4L v�SCRiPj�6iv CI,�C.
I, �RSG'iTTE k r?Ft1SE , being duly sworn, depose and say that:
I am the owner.
I am the owner's designated agent(Attach notarized letter of authorization)
Owner's Name B kt61 "1 TE Kt Au; (
Address ((, /5 k A7;L 4gT< R✓C- S_ )r1r— City C App rANA vC-A& L State a, Zip� 74v
Home Phone # 321-9(o0 -lGOL Work Phone # _,j 7-1 -75'3 -y.S y Other
(If other than owner)
Applicant's Name
Address City State Zip
Home Phone # Work Phone # Other
All information, sketches and data contained and made part of this request, are honest and true to the best
of my knowledge and belief.
Sworn to and subscribed before me
this -djrNUTARY P[ ELIC 57� iT OF - [ICY a'�
-- S SUSari i. Cha rreofApplicant
_ c Co -C ; pion #DD384306
Notary Pubic, State of Florida Ek NtAR, 23, 2009
The completed request form and the $20.00 filing fee must be filed as follows: Requests for Variances and Special
Exceptions (Excepting Telecommunication Towers) , 14 days prior to the Planning & Zoning Board Meeting; request
for rezoning, 30 days prior to the Planning & Zoning Board meeting; Request for Telecommunications Towers, sixty
days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is
heard by the Planning & Zoning Board. ( A deposit may be required, see code section 110-92 for applicability)
FOR CITY USE ONLY
Notice of Public Hearing Published in Newspaper on
Notice to applicant by Certified Mail No.
Notice posted on Bulletin Board on
Notice ponied on subject property on Prop. owners within 500 ft. notified on
on
WJiV',Nt J9 3:16
Total 250.00
C,a5h Amount $0.2%3
China+e t.4 b
CK t Ib1 l Mount
19 June 2008
Todd Morley
City of Cape Canaveral
105 Polk Ave.
Cape Canaveral, FI 32920
6,,-. a- N. Atlantic Avenue
Cape Canaveral, FL 32920
Phone (321) 783-4548
Fax (321) 783-8050
Email: info@lzzysBistroFlorida.com
Re: Requested code amendment of City Ordinance Section 110-171(A)(2).
Dear Mr. Morley:
Thank you for your recent reply to my request for amendment of the city ordinances.
Since it appears that Izzy's Bistro would be precluded from obtaining the special
exception prescribed in ordinance based on other 4COP licensees within 2000 feet, it is
not necessary to pursue the specific ordinance change at this time.
However, I am interested in exploring the exemption that you noted for restaurants
seating 200 or more persons. As you may be aware, related Florida Statute Section
561.20 "Limitation upon number of licenses issued", subsection (2)(a)4 provides an
exception for "Any restaurant having 2,500 square feet of service area and equipped to
serve 150 persons full course meals at tables at one time, and deriving at least 51
percent of its gross revenue from the sale of food and nonalcoholic beverages;". (copy
of state statute attached). Izzy's Bistro can meet the exception requirements of the state
statute. Provided City Ordinance (110-171(B)(2)a) could be amended to match the state
statute (150 persons), I would be interested in pursuing this option. I am available to
discuss the speck requirements, including permitting and impact fees, at your_ ..
convenience.
Once again, thanks to you and your staff for your attention to this matter. I look forward
to hearing from you.
Sincerely,
/1�_8 _ I_V_ OU_k f �
Brigitte Krause
Owner
Statutes & Constitution :View Statutes :->2007->Ch0561->Sec6on 20 :--- http://www_flsenate.Qov/StatuLesiiiidex.cfin?N-2&App_mode=Display..
Select Year: 2008
The 2oo8 Florida Statutes
TitIP XXXIV
ALCOHOLIC BEVERAGES AND
TOBACCO
Go
Chapter 561 View Entire
BEVERAGE LAW: Chapter
ADMINISTRATION
561.20 Limitation upon number of licenses issued. --
(1) No license under s. 565.02(1)(a) -(f), inclusive, shall be issued so that the number of
such licenses within the limits of the territory of any county exceeds one such license to
each 7,500 residents within such county. Regardless of the number of quota licenses
issued prior to October 1, 2000, on and after that date, a new license under S. 565.02(1)
(a) -(f), inclusive, shall be issued for each population increase of 7,500 residents above
the number of residents who resided in the county according to the April 1, 1999,
Florida Estimate of Population as published by the Bureau of Economic and Business
Research at the University of Florida, and thereafter, based on the last regular
population estimate prepared pursuant to s. 186.901, for such county. Such population
estimates shall be the basis for annual license issuance regardless of any local acts to
the contrary. However, such limitation shall not prohibit the issuance of at least three
licenses in any county that may approve the sale of intoxicating liquors in such county.
(2)(a) No such limitation of the number of licenses as herein provided shall henceforth
prohibit the issuance of a special license to:
I. Any bona fide hotel, motel, or motor court of not fewer than 80 guest rooms in any
county having a population of less than 50,000 residents, and of not fewer than 100
guest rooms in any county having a population of 50,000 residents or greater; or any
bona fide hotel or motel located in a historic structure, as defined in s. 561.01(21), with
fewer than 100 guest rooms which derives at least 51 percent of its gross revenue from
the rental of hotel or motel rooms, which is licensed as a public lodging establishment
by the Division of Hotels and Restaurants; provided, however, that a bona fide hotel or
motel with no fewer than 10 and no more than 25 guest rooms which is a historic
structure, as defined in s. 561.01(21), in a municipality that on the effective date of this
act has a population, according to the University of Florida's Bureau of Economic and
Business Research Estimates of Population for 1998, of no fewer than 25,000 and no
more than 35,000 residents and that is within a constitutionally chartered county may
be issued a special license. This special license shall allow the safe and consumption of
alcoholic beverages only on the licensed premises of the hotel or motel. In addition, the
hotel or mote! must derive at least 60 percent of its gross revenue from the rental of
hotel or motel rooms and the sale of food and nonalcoholic beverages; provided that the
provisions of this subparagraph shall supersede local laws requiring a greater number of
hotel rooms;
2. Any condominium accommodation of which no fewer than 100 condominium units
are wholly rentable to transients and which is licensed under the provisions of chapter
509, except that the license shall be issued only to the person or corporation which
operates the hotel or motel operation and not to the association of condominium
owners;
3. Any condominium accommodation of which no fewer than 50 condominium units are
wholly rentable to transients, which is licensed under the provisions of chapter 509, and
which is located in any county having home rule under s. 10 or s. 11, Art. VIII of the
)178 8/29/2008 7:46 AMS
Statutes & Constitution :View Statutes :->2007->Ch0561->Section 20 :... littp://www.nsenate.govIStatutes/index.cfm?p=2&App_rnode=Display.,
State Constitution of 1885, as amended, and incorporated by reference in s. 6(e), Art.
VIII of the State Constitution, except that the license shall be issued only to the person
or corporation which operates the hotel or motel operation and not to the association of
ominium owners;
4. Any restaurant having 2,500 square feet of service area and equipped to serve 150
persons full course meals at tables at one time, and deriving at least 51 percent of its
gross revenue from the sale of food and nonalcoholic beverages; however, no restaurant
ranted a special license on or after January 1, 1958, pursuant to general or special law
shall operate as a package store, nor shall intoxicating beverages be sold under such
license after the hours of serving food have elapsed; or
S. Any caterer, deriving at least 51 percent of its gross revenue from the sale of food
and nonalcoholic beverages, licensed by the Division of Hotels and Restaurants under
chapter 509. Notwithstanding any other provision of law to the contrary, a licensee
under this subparagraph shall sell or serve alcoholic beverages only for consumption on
the premises of a catered event at which the licensee is also providing prepared food,
and shall prominently display its license at any catered event at which the caterer is
selling or serving alcoholic beverages. A licensee under this subparagraph shall
purchase all alcoholic beverages it sells or serves at a catered event from a vendor
licensed under s. 563.02(1), s. 564,02(L), or licensed under s. 565.02(1) subject to the
limitation imposed in subsection (1), as appropriate. A licensee under this subparagraph
may not store any alcoholic beverages to be sold or served at a catered event. Any
alcoholic beverages purchased by a licensee under this subparagraph for a catered event
that are not used at that event must remain with the customer; provided that if the
vendor accepts unopened alcoholic beverages, the licensee may return such alcoholic
beverages to the vendor for a credit or reimbursement. Regardless of the county or
counties in which the licensee operates, a licensee under this subparagraph shall pay
the annual state license tax set forth in s. 565.02(1)(b). A licensee under this
subparagraph must maintain for a period of 3 years all records required by the
department by rule to demonstrate compliance with the requirements of this
subparagraph, including licensed vendor receipts for the purchase of alcoholic beverages
and records identifying each customer and the location and date of each catered event.
Notwithstanding any provision of law to the contrary, any vendor licensed under s.
565.02(1) subject to the limitation imposed in subsection (1), may, without any
additional licensure under this subparagraph, serve or sell alcoholic beverages for
consumption on the premises of a catered event at which prepared food is provided by a
caterer licensed under chapter 509. If a Licensee under this subparagraph also possesses
any other license under the Beverage Law, the license issued under this subparagraph
shall not authorize the holder to conduct activities on the premises to which the other
license or licenses apply that would otherwise be prohibited by the terms of that license
or the Beverage Law. Nothing in this section shall permit the licensee to conduct
activities that are otherwise prohibited by the Beverage Law or local law. The Division of
Alcoholic Beverages and Tobacco is hereby authorized to adopt rules to administer the
license created in this subparagraph, to, include rules governing licensure,
recordkeeping, and enforcement. The first $300,000 in fees collected by the division
each fiscal year pursuant to this subparagraph shall be deposited in the Department of
Children and Family Services' Operations and Maintenance Trust Fund to be used only
for alcohol and drug abuse education, treatment, and prevention programs. The
remainder of the fees collected shall be deposited into the Hotel and Restaurant Trust
Fund created pursuant to s. 509.072,
However, any license heretofore issued to any such hotel, motel, motor court, or
restaurant or hereafter issued to any such hotel, motel, or motor court, including
condominium accommodation, under the general law shall not be moved to a new
)f 8 8/29/2008 7:56 AM
Care, &KA V044 eods, vf- a4 -104xces
ZONING § 110-171
Sec. 110-122. Hotels and motels.
A certificate of occupancy for hotels and motels
shall only be issued initially for a minimum of 150
units. After a hotel or motel project has received
its initial certificate of occupancy for its first 150
units, subsequent certificates of occupancy may
be issued for each building constructed thereafter.
All units within any one building of a hotel or
motel shall be completed before acertificate of
occupancy is issued.
(Code 1981, § 645.08; Ord. No. 30-98, § 2, 10-20-
98)
Secs. 110-123-110-135. Reserved.
DIVISION 4. RESERVED*
Secs. 110-136-110-160. Reserved.
ARTICLE rV SPECIAL EXCEPTIONS
DIVISION 1. GENERALLY
Sec. 110-161. Structures and uses approved
by special exception.
A special exception is not deemed nonconform-
ing. Any structure or use for which a special
exception is granted as provided in this chapter
shall be deemed, as to that particular special
exception, to have all the rights and privileges of
a conforming use, restricted, however, by the
terms of that specific special exception as granted.
(Code 1981, § 643.11)
Secs. 110-162-110-170. Reserved.
DIVISION 2, ALCOHOLIC BEVERAGESt
Sec. 110-171. Establishments serving alco-
holic beverages.
(a) Establishments which shall require a spe-
cial exception under this chapter by the board of
adjustment are those, whether or not licensed by
' Edltor''s note—Ord. No. 11-2006, § 2, adopted Juue 21,
2005, deleted div. 4, which pertained to amendments and
rezonings and derived from Code 1981, ch. 647; §§ 647.03,
647.05,, 643.11, 647.01, and 647.05; Ord. No. 14-97, § 1,
adopted Nov. 18, 1997; Ord. No. 6-99, § 1, adopted June 16,
1999; Ord. No. 09-2002, § 1, adopted May 21, 2002; and Ord.
No. 18-2002, § 2C, adopted Dec. 17, 2002.
tOross reference—Alcoholic beverages, ch. 6.
the state Department of Business and Profes-
sional Regulation, Division of Alcoholic Beverages
and lbbacco, which dispense, sell, serve, store or
permit consumption on the premises of alcoholic
beverages. In consideration of a special exception
application, the board of adjustment shall not
approve the application unless it is totally consis-
tent with all the conditions as set forth in this
section and also the following.
(1) The establishment shall not be permitted
to locate within 300 feet of any existing
church, school grounds or playgrounds
nor shall a church, school or playground
be permitted to locate within 300 feet of
any existing establishment which dis-
penses, sells, serves, stores or permits the
on -premises consumption of alcoholic bev-
erages. The distance shall be measured as
the shortest linear distance between the
property line of the establishment which
provides or proposes to provide for the
sale and consumption of alcoholic bever-
ages and the property line of the church,
school grounds or playground.
D(2)The establishment, if licensed by the state
division of alcoholic beverages and to-
bacco to permit on -premises consumption
of beverages, shall not be located within
2,000 feet of another licensed establish-
ment. The distance shall be measured as
the shortest linear distance between the
property line of the establishment which
proposes to provide for the sale and con-
sumption of alcoholic beverages and the
property line of any establishment which
currently provides for the sale and con-
sumption of alcoholic beverages. Further,
the establishment shall be in compliance
with the Florida beverage laws (F.S. chs.
561 through 568). Provided, however, ex-
ceptions to this subsection 110-171(a)(2)
are:
a, Restaurants seating 200 or more per-
sons.
Supp. No. 15 CD110:25
b. Hotels and motels which are ap-
proved in accordance with City Code.
Restaurants licensed by the state
division of alcoholic beverages and
§ 110-171
CAPE CANAVERAL CODE
tobacco for malt beverages only or
income from the sale of nonal-
malt beverages and wine only, pro-
coholic beverages and food pre-
vided the following are complied with:
pared, sold and consumed on
1. The establishment shall have
the premises. The obligation to
the capacity for and have in
sell 51 percent food and nonal-
existence at least 25 seats for
coholic beverages is a continu-
the serving of weals. No area
ing obligation. It is a violation
within the establishment may
of this zoning code to sell wine
be specifically designed for a
and malt beverages granted un-
bar or lounge operation.
dar this exception unless the
restaurant has derived at least
2. Consumption of food and malt
51 percent of its gross income
beverages shall be on premises
from the sale of food and non -
only; however, food carryout
alcoholic beverages. Such per -
without the malt beverages may
tentage shall be determined by
be permitted. Further, in accor-
calculating the average monthly
dance with Florida law, one un-
gross revenue from the sale of
sealed bottle of wine may be
food and nonalcoholic bever-
removed for consumption off pre-
ages for the immediately previ-
mises if purchased and par-
ous 12 -month period. In ac-
tially consumed with a full
knowledgment of this continuing
course meal consisting of a salad
obligation and as a condition
or vegetable, entree, a bever-
precedent to the issuance of a
age, and bread. A partially con-
special exception, the owner of
sumed bottle of wine to be re-
the restaurant shall execute and
moved from the premises must
deliver to the city an affidavit
be securely resealed by the lit-
and agreement, upon forms ap-
ensee or its employees before
proved and provided by the city,
removal from the premises and
which will attest and covenant
shall be placed in a bag or other
to the owner's compliance with
container that is secured in such
the provisions of this subsec-
a manner that it is visibly ap-
tion 110-171(a)(2k•3. The owner
parent if container has been
p
shall also retain cash register
subsequently opened or tam-
receipts, guest checks and led-
pered with. A dated receipt for
gers which may be reviewed at
the bottle of wine and full course
the request of the city to deter -
meal shall be provided by the
mine compliance. Failure to pro -
licensee and attached to the
vide records requested shall be
container. If transported in a
c
grounds for revocation of the
motor vehicle, the container with
special exception granted un -
the resealed bottle of wine must
der this section. Any subse-
be placed in a locked glove tom-
quent purchaser, assignee or
partment, clocked trunk,. or
transferee will be required to
the area behind the last up-
execute and deliver to the city
right seat of a motor vehicle
an affidavit and agreement, as
that is not equipped with a
provided above, in order to main-
trunk
tain the special exception upon
3. A restaurant licensed under this
the property provided by this
exception shall not derive less
section. The restaurant, if ad -
than 51 percent of its gross
vertised, shall be advertised and
Supp. No. 15 CD110:26
ZONING
held out to the public to be a
place where meals are pre-
pared and served.
4. Sale or consumption of malt
beverages and wine shall be
limited to the time period set
by chapter 6.
d. Chapters or incorporated clubs or
veteran's fraternal organizations con-
forming to F.S. § 565.02(4).
d3) Package retail sales of alcoholic beverages
for carryout, except for beer and wine
sales, shall comply with subsections (aX1),
(a)(4), (a)(5)a.3. and (a)(5)a.5. of this sec-
tion only.
(4) One parking space shall be provided for
each three seats or seating places. All
seats or seating places, whether located
within a restaurant area or a bar/lounge
area, will be included in the calculation of
the required number of parking spaces.
Package retail sales establishments shall
provide parking as determined by the
building official, who shall use the ratios
established in article IX of this chapter.
(5) Each application for a special exception
shall be accompanied by a vicinity map, a
site plan map and a building floor plan.
a. The vicinity map shall be drawn at a
scale of one inch equals 400 feet and
shall indicate the following informa-
tion:
1. The outer boundary of the vi-
cinity map, which shall be at
least 2,500 feet from the centroid
of the proposed establishment's
property.
2. Location of all existing public
streets between the proposed
establishment and other estab-
lishments and land uses as de-
scribed in subsections (a)(1) and
(a)(2) of this section.
§ 110-171
tances to the proposed estab-
lishment affixed per subsection
(a)(1) of this section.
4. Location of all establishments
licensed by the state division of
alcoholic beverages and tobacco,
including package retail sales,
which are within the required
vicinity map area with specific
distances to the proposed estab-
lishment affixed per subsection
(a)(2) of this section.
5. Existing zoning for all proper-
ties within 300 feet to the prop-
erty of the proposed establish-
ment shall be indicated.
b. The site plan map shall be drawn at
a scale not less than one inch equals
100 feet and shall indicate the fol-
lowing information.-
1.
nformation:
1. Location and dimension of the
proposed establishment's prop-
erty lines, all existing and pro-
posed structures, driveways,
parking spaces and ingress/
egress points.
2. The following information shall
be presented in tabulated form:
i. Number of parking spaces.
ii. Number of restaurant
seats.
iii. Number of bar/lounge
seats.
IV. Building area.
V. Lot area.
C. The building floor plan shall be of a
scale appropriate for the establish-
ment, but in no case shall the scale
be less than one-eighth inch equals
one foot and shall detail room lay-
outs and exits.
3. Location of all existing churches,
school grounds or playgrounds (b) Any special exception granted under this
which are within the vicinity section may be temporarily suspended or abso-
map area with specific dis- lutely revoked by majority vote of the board of
Supp. No. 16 CD110:26.1
§ 110-171
CAPE CANAVERAL CODE
adjustment at a public hearing, when the board of
adjustment has determined by competent substan-
tial evidence that either:
(1) The establishment has obtained the spe-
cial exception upon false statements, fraud,
deceit, misleading statements, or suppres-
sion of material facts;
(2) The establishment has committed substan-
tial violations of the terms and conditions
on which the special exception was granted;
(3) The establishment no longer meets the
requirements of this section or the Florida
Beverage Code; or
(4) The management of the establishment
knowingly allowed illegal activities to be
conducted on the premises including, but
not limited to, possession or sale of illegal
substances, racketeering, prostitution, lewd
and lascivious behavior, and unlawful gam-
bling.
Prior to any special exception being revoked,
the establishment shall be provided with min-
imum due process including notice of the grounds
for revocation and hearing date, an opportu-
nity to be heard, the right to present evidence,
and the right to cross-examine adverse wit-
nesses.
(c ,or on -premises consumption of liquors,
res urants or cocktail Iounges shall have a min-
imum building area of 2,000 square feet and a
seating capacity of 100 patrons.
(Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96;
Ord. No. 20-96, § 1, 9-17-96; Ord. No. 09-2003, § 2,
5-6-03; Ord. No. 19-2003, § 2, 7-15-03; Ord. No.
36-2003, § 2, 10-21-03; Ord. No. 03-2006, § 2,
6-20-06; Ord. No. 04-2006, § 3, 6-20-06)
Sec. 110-172. Temporary alcoholic beverage
permits.
(a) Upon approval of the city manager or the
city manager's designee, and receipt of appropri-
ate city permits, the division of alcoholic bever-
ages and tobacco may issue temporary permits
without a special exception for the on -premises
consumption of alcoholic beverages for the follow-
ing:
(1) Conventions. In convention halls, colise-
ums, and similar type buildings where
there is an existing beverage license, the
director of the division of alcoholic bever-
ages and tobacco may, in his or her discre-
tion, issue a permit for not more than five
calendar days for the display by manufac-
turers or distributors of products licensed
under the provisions of F.S. chapters 561
through 568, and may authorize consump-
tion of such beverages on the premises
only.
(2) Nonprofit civic organizations, The direc-
tor of the division of alcoholic beverages
and tobacco may issue a permit authoriz-
ing a bona fide nonprofit civic organiza-
tion to sell alcoholic beverages for con-
sumption on the premises only, for a period
not to exceed three days. All net profits
from sales of alcoholic beverages collected
during the permit period must be re-
tained by the nonprofit civic organization.
Any such civic organization may be issued
only three such permits per calendar year.
(b) Any person or entity issued a temporary
alcoholic beverage permit pursuant to this section
shall be subject to the provisions of chapter 6 of
the City Code, Alcoholic Beverages, as amended
from time to time, including, but not limited to,
hours of operation and nudity on the premises.
(Ord. No. 03-2006, § 2, 6-20-06)
Secs. 110-173-110-190. Reserved.
ARTICLE V NONCONFORrvUTIES
Sec. 110-191. Intent.
(a) Within the districts established by this
chapter or subsequent amendments there exist
lots, structures, placement of structures, uses of
land and structures and characteristics of use
which were lawful prior to enactment of the
ordinance from which this section is derived or
amendment, but which would be prohibited, reg -
Supp. Na. 16 CD110:26.2
PLANNING & ZONING BOARD
MEETING MINUTES
OCTOBER 22, 2008
A Regular Meeting of the Planning & Zoning Board was held on October 22,
2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida.
Chairperson Bea McNeely called the meeting to order at 7:00 p.m. The Secretary
called the roll.
MEMBERS PRESENT
Bea McNeely
Lamar Russell
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson
Ronald Friedman
OTHERS PRESENT
Kate Latorre
Susan Chapman
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
1 st Alternate
2nd Alternate
Assistant City Attorney
Board Secretary
Planning & Development Director
1. Approval of Meeting Minutes: September 24, 2008.
Chairperson McNeely announced that the draft meeting minutes were revised.
The Board members reviewed the revision.
Motion by Harry Pearson, seconded by Bea McNeely, to approve the meeting
minutes of September 24, 2008, with the noted change. Vote on the motion
carried unanimously.
2. Recommendation to Board of Adjustment Re: Special Exception Request
No. 08-06 to Construct a Single Family Residence in the C-1 Zoning
District, Section 14, Township 24 South, Range 37 East, Lot A.02, Oak
Lane - Bernard M. Lennon, Petitioner.
Barry Brown, Planning & Development Director, advised that this request was a
Special Exception to allow for a single family residence in the C-1 zoning district;
the property was located on Oak Lane; the parcel was just under one acre; and
currently vacant; property to the north was multi -family, west and south vacant,
and to the east was a single family residence; the surrounding area was
predominately residential; the request for residential use is with keeping in nature
with the surrounding area. He advised that the only concern staff had was the
Oak Street right-of-way.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 2
He explained that the right-of-way was currently unimproved. Evidentially, over
the years they have been dumping asphalt millings to build the roadway up. In
the short-term, the existing roadway should be acceptable for Mr. Lennon's
request. He noted that in the near future there may be another request for a
single family across the street from Mr. Lennon's property. He advised that at
some point, Oak Lane would need to be constructed to City standards; according
to Public Works there was currently a 50 ft. wide right of way; if Mr. Haynes
approaches the City again to construct a townhome development that will been a
good time to bring the road up to City standards; on the south side of Oak Lane,
there were several single family lots that at one time were replatted into
townhome lots, but the project did not proceed and the preliminary plat expired; if
the property owner decides to develop the property into townhome lots, that may
also be the time that the City would decide to require Oak Lane to be brought up
to City standards; Mr. Lennon was happy to use the roadway as it existed; water
and sewer were available; and therefore, staff recommended approval of the
Special Exception request.
Dr. John Fredrickson questioned that at the recent workshops with City Council,
at least two of the City Council members, and two or three members of the
Planning & Zoning Board, swore off accepting special exceptions. He
questioned why the City was still accepting applications. Barry Brown responded
that an ordinance was passed that ended Special Exceptions, for residential use,
in the C-1 zoning district, only on the properties along A1A. He advised that Mr.
Lennon's property was not affected by that ordinance. Kate Latorre, Assistant
City Attorney, verified that Mr. Lennon's request was valid.
Ron Friedman referred to page #6 of the Board packet. He noted that what was
referenced as Oak Lane, did not extend all the way to N. Atlantic Avenue. There
was another parcel (Part of Parcel B and part of Parcel A.07) that would have
normally been the right of way or the road. He questioned if Oak Lane was an
official City road? And if Parcel B and A.07 were owned by two other people,
then Mr. Lennon's lot was a landlocked piece of property, without legal access to
the road. He questioned if the City wanted to have that traveled way upgraded to
a City street, who would pay for it? Barry Brown responded that he spoke with
Public Works and was informed that there was a 50 ft. right of way but, it did
appear that it did not extend all the way to N. Atlantic Avenue. He would
research the City records to verify if the City has some type of agreement across
those properties. He advised that Circle K and LaCantina Restaurant may have
been required to dedicate right of way, at some point, that may not be reflected
on the parcel maps. Ron Friedman pointed out that even though tax maps are
informative; they were not legal in terms of property lines. He recommended that
if the Board recommends approving the Special Exception request that the
approval be contingent upon the City Attorney confirming that there was an
existing legal right of way owned by the City to the property.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 3
Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of
Special Exception Request No. 08-06, contingent upon verification that there was
an existing legal right of way that was owned by the City to the property. The
Board held discussion regarding the motion. Donald Dunn thought that the
motion was to only add the condition, not for recommendation of the Special
Exception. Barry Brown advised that he checked with Public Works and verified
that Oak Lane was a City right of way, but he could not confirm that the right of
way extended to N. Atlantic Avenue. Discussion continued. For clarification,
Assistant City Attorney, Kate Latorre, repeated the motion. Harry Pearson
verified that the motion, as stated, was correct. Chairperson McNeely asked for
a second to the motion. There being none the motion died. Discussion
continued. Kate Latorre researched the County's web site to see if she could
verify the right of way, but was unsuccessful in doing so. Harry Pearson agreed
to withdraw his motion. Donald Dunn withdrew his second to the motion.
Chairperson McNeely announced that the motion was withdrawn.
Donald Dunn questioned if there was any special stormwater runoff, which he
believed there was, because the road was not paved. Barry Brown responded
that at the time Mr. Lennon submitted his site plan he would need to deal with the
drainage, however there was right of way for stormwater to flow in too. John
Johanson advised that Mr. Lennon was responsible for his stormwater retention.
Donald Dunn voiced his opinion that, because there were no curbs or sidewalks,
and the street was not paved, it was not safe. Barry Brown responded that at
some point when there was more development along that road, that could be a
concem, but right now there were no pedestrian issues.- He explained that there
were no residences west of Mr. Lennon's proposed residence. Donald Dunn
stated that he still had a problem with it. John Johanson pointed out that Harbor
Heights only had one sidewalk and that was a developed subdivision.
The Board members reviewed the Special Exception application checklist. Mr.
Lennon verified that he had answered the questions on the application checklist.
Discussion was held regarding storm water runoff; traffic flow and control;
compatibility of surrounding uses; verification that Oak Lane was a public road;
verification of availability for water and sewer; refuse service disposal;
surrounding zoning; and uses.
Bernard Lennon, Petitioner, testified that approximately eight years ago, his title
company held up his title, because they had the same concern, as the Board,
regarding the right of way. His title company had contacted the city attorney, at
that time. After the city attorney researched the issue, he verified that the City
owned the right of way. He noted that the entrance of Oak Lane had a City street
sign; and for a distance of approximately 100 feet, the entrance to Oak Lane
appeared to be built to City standards. He advised that he purchased the
property in 1999.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 4
Donald Dunn questioned at what point the road would be paved. Barry Brown
responded that probably at the time a property owner requested replatting a
property into townhouse lots, or perhaps a condominium development. He
advised that the City did not have a specific code that stated when a road was
required to be brought up to City specifications. He added that the City did not
have any funds available to pave the road.
Motion by Donald Dunn, seconded by Dr. John Fredrickson, to recommend
approval of Special Exception Request No. 08-06, contingent upon the condition
that the City verify access to N. Atlantic Avenue. Vote on the motion carried
unanimously.
3. Recommendation to City Council Re: Section 110-171(a)(2) - Changing
the Requirements for a Restaurant to Serve Liquor from a Minimum
Seating of 200 to 150 Persons - Brigitte Krause, Owner of Izzy's Bistro,
Applicant.
Barry Brown, Planning & Development Director, advised that this was a request
to amend the City code for the amount of seating that's required for a restaurant
to have a liquor license. This would change the minimum amount of seats to 150
seats. He explained that the City code currently read that the required
separation be 2,000 feet between establishments that were licensed by the State
for on -premise consumption of alcoholic beverages, with the exception of
restaurants seating 200 or more persons. The Florida Statutes only require a
restaurant to have only 150 seats in order to serve liquor, He noted that this was
a request to bring the City code in line with the Florida Statute on the minimum
number of seats required, He explained in comparing the Florida Statutes with
the City code, the Florida Statute addressed the number of liquor licenses that
could be handed -out in a County, and the City code addressed a distance
requirement.
Kate Latorre, Assistant City Attorney, explained that Florida Statute, 561.20,
regulated the number of licenses that the State will issue for serving alcoholic
beverages, and it was based on the County population. One of the exceptions
that the Florida Statute provided was an establishment with a minimum of 2,500
sq. ft. and could serve 150 people at the same time, She explained that the City
code was a distance requirement that limited two establishments within 2,000
feet of each other from receiving an alcoholic beverage license. The City code
exception from that requirement was if a restaurant could seat 200 persons. She
advised that the applicant's request was to reduce the number of required seats
to 150 seats, in order to be exempt from the 2,000 feet distance requirement.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 5
Lamar Russell gave a brief history of when the original City code was written. He
explained that the original code was written back in the Apollo times, when there
was a bar or nightclub at almost every corner, from the Port to the split at Patrick
Air Force Base. After that time, the City changed the code to impose a distance
requirement between like establishments that sold alcoholic beverages, in an
effort to cleanup the town. Later, the code was updated to add an exception from
the distance requirement, which was for restaurants that had a minimum of 200
seats, (which seemed reasonable at the time, because of average restaurant
sizes). He voiced his opinion that he did not have a problem with reducing that
number to 150 seats. Discussion followed regarding restaurants with indoor and
outdoor seating. John Johanson advised that if they were trying to upgrade the
City right now, the City could bring in some nice restaurants, and a liquor license
may help do that. And, changing the code may help with mixed-use as well. He
stated that the way that the economy is right now, these restaurants need all the
help they can get. He voiced his opinion that changing the code was a good idea
for existing restaurants and for the City's future restaurants. Barry Brown noted
that Izzy's Bistro was only licensed by the State for 75 persons, and if they were
going to increase their seating, then that would bring in the parking issue. So if
the code is changed, it does not necessarily make it work for Izzy's. However,
there may be other restaurants throughout the City where the code change could
apply.
Chairperson McNeely questioned if establishments outside the City boundaries
had anything to do with the 2,000 feet requirement? Kate Latorre answered that
the measurements includes any establishment within 2,000 feet, whether inside
or outside the City boundaries.
Harry Pearson referred to page 22 of the Board packet, which stated that the
Florida Statute was amended. He asked when and what was amended? He
advised that no such amendment had taken place; in June of 2006, was when
Section 110-171(a)(2) was established into an ordinance. He did not believe that
the State law had changed since that time.
Discussion was held regarding minimum service area. Lamar Russell advised
that the code did not address a minimum service area. Donald Dunn commented
that maybe they should consider establishing one. Lamar Russell gave a history
on that. He explained that if a restaurant had seating for 200 people that would
pretty well define space for a service area, so the City left that open to the
creativity of the restaurants. Discussion continued.
Planning & Zoning Board
Meeting Minutes
October 2, 2008
Page 6
Dr. John Fredrickson voiced his opinion that he did not have a problem with
reducing the required number of seats, but he did not know how the code change
would help Izzy's Restaurant. He advised that Izzy's currently had 75 seats, and
there was no way they could increase the seating another 75 seats with the room
they had or have enough parking to accommodate another 75 seats.
Ron Friedman noted that non -chain restaurants have one of the highest failure
rates in the Country; and selling alcoholic beverages is a good part of any profit
that they may have, by lowering the seating requirement from 200 to 150 seats,
regardless of what Izzy's may have, may be enough to attract another
independent restaurant that would only want to have 150 seats. He voiced his
opinion that the reduction of 100 or 150 seats could be good to attract non -chain,
non -fast food restaurants into the City. Discussion followed. Kate Latorre
explained that the Board would be making a recommendation to the City Council.
Motion by Dr. John Fredrickson,, seconded by Lamar Russell to recommend to
City Council that the request to change Section 110-171 (a)(2) be granted to
reduce the minimum number of required seats from 200 to 150 for a restaurant to
serve liquor to be exempt from the 2,000 ft. distance requirement. Discussion
followed.
Brigitte Krause, applicant, stated her name and address for the record. Donald
Dunn questioned why she brought this request if it did not apply to her. She
responded that, because it was not fair with the business relationship in the City
compared to Cocoa Beach, where she has owned Gregory's Steak and Seafood
Grille for 15 years and has had no problem with serving liquor at all, because
most people usually just have an after dinner drink, or a glass of wine or martini.
She explained that most of the time, patrons don't want to dine at a place that
they only have a choice of beer and wine to drink with dinner. Gary Kirkland,
helping Ms. Krause with this matter, advised that the 75 seats that Izzy's had now
was only a carry-over from the previous restaurant which was called Mangroves.
Since it was taken over, the inside of the restaurant was remodeled. He advised
that the booths and the stage that were taken a lot of space were removed. They
understood that this was only an ordinance change and that a Special Exception
was still required, they would apply for the Special Exception and business
license for 150 seats, if the code is changed. They also understood that there
would be permits required ,and additional sewer impact fees.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 7
Mr. Kirkland advised that they already tried to make application for a Special
Exception, but were told that they were within 2,000 feet of Charlotte's Web.
They currently had a 2COP license, which was for beer and wine consumption,
and wanted to upgrade that to a 4COP license under the State Statute. He noted
that the State required 51% of sales to be for food consumption for a restaurant
with a 4COP license, so the restaurant could never be turned into a bar.
Currently, the restaurant sales were 80% from food and 20% from beer and wine.
The restaurant was approximately 2,900 sq. feet, which exceeded the State
requirement of 2,500 sq. feet. Mr. Kirkland stated that he was not able to locate
the date that the Florida Statute was revised, however the request was based on
the current Florida Statute.
Harry Pearson advised that his research revealed that the Statute was revised in
the year 2000. He noted that the City changed the ordinance about two years
ago, but could not recall what was changed, however 200 seats was the number
that was voted on. He suggested if they were going to look at changing the
code, they should look at the entire Section 110-171, instead of just picking -out
one little place and changing it. John Johanson questioned what other part of the
code he wanted to change? Harry Pearson voiced his opinion that paragraph
(a)(2) was not the only paragraph in Section 110-171, and that the entire section
should be reviewed. Kate Latorre advised that in 2006, the code Section was
thoroughly evaluated and was rewritten after several workshops and discussions.
Chairperson McNeely commented that there was nothing glaring in the code
section that needed to be changed. Dr. John Fredrickson commented that it was
not the applicant's responsibility to know what the City had done two years ago.
Irrespectively, the request to reduce the minimum number of seating from 200 to
150 was consistent with the State. Harry Pearson responded that the 150 seats
w.State. q__r. apply y.explainedthat they were ,notes
bane to brin required
com I-ance w- th the State
g g g p ' law "'by changing the
seating to 150. Kate Latorre agreed that there were some similarities, but they
addressed different issues and were unrelated. She stated that the City was not
bound to 150 seats. Bea McNeely and John Johanson agreed that 150 seats
sounded reasonable.
Motion passed by a (4) to (1) majority in favor of the motion, with members voting
as follows: Donald Dunn, for; John Fredrickson, for; Bea McNeely, for; Harry
Pearson, opposed; and Lamar Russell, for.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 8
OPEN DISCUSSION
Dr. John Fredrickson commended the Planning & Development Director for the
format of the Project Status Report he provided to the Board, which was readable
and easy to understand. Barry Brown gave an overview of the report, which
gave the status of current submitted applications for: rezonings, special
exceptions, comprehensive plan amendments, site plans, etc. He advised that at
the next meeting, he would have a list that showed different projects that staff
was working on, such as code amendments. He stated that every couple of
months he would provide a status update. Brief discussion followed regarding
various projects.
Barry Brown, Planning & Development Director, gave the Board members an
overview of his job duties. He also reported that he had received a phone call
from the Department of Community Affairs (DCA), who informed him that in
reviewing the Public School Facilities Element, the only comment they had was
the maps that the City submitted for proposed school facilities were outdated.
The reviewer informed him that if the City provided the most recent map that was
approved in Brevard County's submittal, by the end of the week, then DCA would
not review the City's element. He advised that the map was e-mailed to DCA this
morning. He noted that the City could not move forward with adopting any other
elements until the Public Schools Facilities Element was adopted. Discussion
followed.
John Johanson advised that he spoke to the Board approximately five months
ago about the accessory use definition in regards to the Porter project, and it had
never been further defined and should be. Barry Brown responded that it was on
his high priority list after the Capital Improvements Element; however he would
provide some framework to use for Board to discuss. John Johanson
commented that if the City prohibited drive -up doors and windows, it would
prevent more fast-food restaurants from coming into the City, in hopes to
generate nicer restaurants. He asked if the Board members had driven around
the City and identified any areas they did or didn't like as discussed at the
previous meeting. He commented that no one addresses the special exception
areas that people complain about; they don't step-up and talk about trying to
change the code to fix the problems. The Planning & Zoning Board should do
the homework for the City Council, but that has not happened or initiated. It had
always been direction from the City Council.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 9
Barry Brown announced that the City Council scheduled the next sign ordinance
workshop on Thursday, November 6th @ 5:30 p.m., after certifying the election
results.
There being no further business the meeting was adjourned at 9:00 p.m.
Bea cNtrLs C.h irperson
Susan L. Chapman, ecretary
23 February 2009
Barry Brown
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
6615 N. Atlantic Avenue
Cape Canaveral, FL 32920
Phone (321) 783-4548
Fax (321) 783-8050
Email: info@ IzzysBistroFlorida.cam
Re: Requested code amendment of City Ordinance Section 110-171(A)(2).
Dear Mr. Brown:
Enclosed please find additional information regarding our request for modification of City
Ordinance 110-171, as previously presented to the Planning and Zoning board:
"Sec. 110-171. Establishments serving alcoholic beverages.
" (2) The establishment, if licensed by the state division of alcoholic beverages and
tobacco to permit on -premises consumption of beverages, shall not be located within
2,000 feet of another licensed establishment . Provided, however, exceptions to this
subsection are:
a. Restaurants seating 240 150 or more persons."
The proposed change would satisfy the intent of the original ordinance while providing a
reasonable exception for restaurants. The following pages contain key discussion points, a
comparison of related city ordinances and a list of comparable area restaurants that offer
cocktail service.
Thank you in advance for your time and consideration.
Sincerely,
1, WV a -U � k
Brigitte Krause
Owner
Izzy's Bistro
Pagel of 5
LT -:1SY � IR C
Key Discussion Points
6615 N. Atlantic Avenue
Cape Canaveral, FL 32920
Phone (321) 783-4548
Fax (321) 783-8050
Email: info@lzzysBistroFlorida.com
• Izzy's Bistro's intent is to provide an upscale restaurant to local residents and visitors to
Cape Canaveral. Our focus is on fine dining and we have no intent to operate as a bar
or nightclub. Many of our customers ask for cocktails with dinner.
• Izzy's Bistro is currently not allowed, under city ordinance Sec. 110-171(2), to provide
full liquor service due to proximity to Charlottes Web (bar/tavem) and Club Lido (adult
entertainment, located outside of city limits).
•
Izzy's Bistro and other restaurants within the City of Cape Canaveral must compete with
restaurants in nearby Cocoa Beach and Port Canaveral for business. The current
ordinance presents a major competitive disadvantage.
• Populations of Cape Canaveral (-10,500) and Cocoa Beach (-12,500) are similar (2005
population data from www.idcide.com/citydatalfl). Excluding hotel properties in both
cities, Cocoa Beach offers twenty-one (21) comparable moderate to upscale restaurants
with liquor service, while Cape Canaveral offers none. Port Canaveral offers an
additional four (4) choices.
• While there are a number of full -liquor bars and taverns within the Cape Canaveral city
limits, the only full-service restaurant offering cocktails is Flamingo's (located within and
operating under the license issued to the Radisson Resort), which caters more to hotel
guests than local residents.
• An informal survey of customers at our other property (Gregory's) in Cocoa Beach
indicate that most are aware of Izzy's Bistro, but would prefer to dine at other restaurants
in Cocoa Beach or Port Canaveral which provide cocktails with dinner.
Page 2 of 5
6615 N. Atlantic Avenue
Cape Canaveral, FL 32920
100Phone (321) 783-4548
Fax (321) 783-8050
Email: info@lzzysBistroFlorida.com
Comparison of city ordinances related to businesses serving alcoholic beverages:
Cape Canaveral
• Distance requirement; 2000 feet between any licensed establishments (including
establishments outside of city limits). Exceptions provided for restaurants seating more
than 200, and hotels. No other distinction between restaurants, bars/taverns and
businesses outside of city limits.
• From Sec. 110-171. Establishments serving alcoholic beverages.
" (2) The establishment, if licensed by the state division of alcoholic beverages and
tobacco to permit on -premises consumption of beverages, shall not be located within
2,000 feet of another licensed establishment ... Provided, however, exceptions to this
subsection are-
a. Restaurants seating 200 or more persons.
b. Hotels and motels which are approved in accordance with City Code."
Most, if not all, full-service restaurants in the city are located within 2000 feet of another licensed
establishment. We know of no existing restaurants within the city limits that would be able to
meet the current exception in (2)a.
Cocoa Beach
• Previous city code (repealed in 2003) contained distance requirements applying to
schools and churches:
Sec. 3-9. Distance from church or school.
No person shall operate a place of business for the sale of
alcoholic beverages within the city which is located within
four hundred (400) feet of an established church or school,
and no license shall be issued for the operation of any such
business within the prohibited area. (Ord. No. 30-A, § 4,
9-9-48)
• City Ord, No. 1349, § 12, adopted Feb. 20, 2003, repealed § 3-9 in its entirety, which
pertained to distance from church or school and derived from Ord. No. 30-A, § 4,
adopted Sept. 9, 1948.
Page 3 of 5
6615 N. Atlantic Avenue
Cape Canaveral, FL 32920
Phone (321) 783-4548
Fax (321) 783-8050
Email: info@lzzysBistroFlorida.com
Comparable area restaurant locations with active full-service liquor (4COP) licenses
(Obtained via city search of Florida Department of Business & Professional Regulation Licensee
database)
Excludes hotel properties (see next page), bars/taverns and other (non-4COP) license types.
Cape Canaveral
• None
Port Canaveral:
1. Fishlips Waterfront Bar & Grill
2. Grills Seafood Deck & Tiki Bar
3. Ron Jon Surf Grill
4. Rusty's Seafood and Oyster Bar
Cocoa Beach
1. Atlantic Ocean Grille (Cocoa Beach Pier)
2. Azteca Two
3. Bunky's Raw Bar
4. Captain Js
5. Cocoa Beach Surf Company (Shark Pit)
6. Coconuts on the Beach
7. Discovery Beach Cafe
8. Durango Steakhouse
9. Florida's Finest Seafood Bar & Grill
10. Gregory's Steak & Seafood Grille
11. Heidelberg Cafe
12. Italian Courtyard
13. Lobster Shanty
14. Mango Tree
15. Paddy Cassidys
16. Pig & Whistle
17. Siam Orchid
18. Slow & Low Barbeque
19. Sunset Cafe
20. The Surf Bar & Grill
21. Yen Yen
All of the above Cocoa Beach and Port Canaveral restaurants operate within 2000 of other
licensed establishments and would be disallowed under the Cape Canaveral ordinance.
Satellite Beach
1. Bunky's Raw Bar & Grill
2. Cove Restaurant
3. Dove Restaurant
4. Enigma Casual Fine Dining & Libation
Page 4 of 5
Y
Gro oS T P n
Hotels with 4COP licenses:
Cocoa Beach
• Best Western
• Comfort Inn
• Courtyard by Marriott
• Four Points Sheraton
• Hilton Inn
• Holiday Inn
• Howard Johnson Plaza
• Inn at Cocoa Beach
• La Quinta Inn
6615 N. Atlantic Avenue
Cape Canaveral, FL 32920
Phone (321) 783-4548
Fax (321) 783-8050
Email: info@IzzysBistroFlorida.com
Cape Canaveral
• Radisson Resort (includes Flamingos Restaurant)
• Residence Inn
Page 5 of 5
REQUIREMENTS FOR
RESTAURANTS SERVING ALCOHOLIC
BEVERAGES MATRIX
June/2009
Cape
Brevard
Satellite
Cocoa
Canaveral
Cocoa
County
Beach
Beach
Special
Exception
Yes
Yes
Yes
Yes
No
Required?
with
exceptions
Minimum
300
300
300
500
300
Distance
S, C, P
S, C, P
S, C, P
C
C, S
From
unless a
1,000
Schools (S)
restaurant
S, P
Churches (C)
with more
none if
Playgrounds (P)
than 50 seats
2COP
Minimum distance
2000
None
None
None
None
from another
establishment
selling liquor
...............
Minimum
Seating to
100
40
None
None
None
Serve
excluding
Liquor
seats or
stools in
lounge area
Izzy's Bistro
Compliance Issues
June 22, 2009
Should Izzy's Bistro be successful in pursuing a code amendment to adjust the minimum
number of seats required for a restaurant to be exempt from the 2,000 -ft. radius measurement,
the following compliance issues will need to be addressed:
A Special Exception for alcohol consumption will need to be approved by the City.
In order to obtain the special exception, all applicable City code requirements will
need to be met. The following code requirements may be particularly challenging,
given the size of the restaurant and the available parking:
a. The number of seats will need to be consistent with the new requirement
b. The number of seats cannot exceed the occupant load for the structure.
c. The number of seats cannot exceed the parking provided.
d. The restaurant must have at least 2,000 sq. ft. in area.
e. An impact fee payment of $292.23 will be required for each additional seat
requested.
We will be happy to perform a preliminary courtesy review to determine if the above
compliance issues can likely be met. The applicant will need to provide the following
information:
A dimensioned drawing showing the main assembly area of the restaurant with
the proposed number of seats shown.
A dimensioned drawing showing the overall building (including the area for
each tenant in the building) and all parking spaces on site.
A narrative description of the assignment of parking spaces for each tenant at
the plaza.
Notes:
1. The drawings for the preliminai;v courtesy review do not need to be created by a design
professional — all they need to do is adequately convey the requested information.
2. All parking spaces, in order to qualify, must be at least 200 sq. ft. in area.
3. The code requires one parking space for every three seats.
4. The City code allows offsite parking. Additional requirements apply.
5. Our Local Business Tax Receipt records indicate that Izzy's Bistro has a State License
for 75 seats. To increase from 75 to 150 seats would be an additional 75 seats. The
sewer impact fee assessment would be calculated on this amount of additional seats
(75 x $292.23 = $21,917.25)
STATE OF FLORIDA
lWPARI'MENT (,)I,' 'jiTJ�;fNl'!'SS AIU
NAL PROVV:S��kllNAL RFtIU(,ATI'.QN
I I ^"V I; r, ON' (W !iuTi%'TZ AND
rnn(i ci tuciij to
DATE OATCH NUMUR
NDR. OF 9EATS: 75
Tho �EATI ' 'No 1600t) SCRVICi
WkUtc,',mi balow lb LIC'UNSED
Linden' tllcproviolorttj of (,,'Iiat,er 509 FS. TRANSFERABLE
Expiration dAto: APR 1, 2003
Be` U CAPE INC
IZZY'S 81STRO
6615 N ATLANTIC AVE
CAPIt CANAVERAL Ft 32920
CHARLIE CRIST CHUCK DRAGO
INTERIM SECRETARY
Os,PLAY.A5..R-F;.Q.U.LREa�.Y ).AW
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANT'S
1940 NORTH MONROE STREET
NORTJ WOOD CENTRE
TALLAHASSEE FL 32399-1015
BJBK CAPE INC
IZZY'S BISTRO
6615 N ATLANTIC AVE
SUITE C
CAPE CANAVERAL FL 3.2920
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfloridalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
AC# ^ n
DETACH HERE
STATE OF FLORIDA
850-487-1395
0 STATE OF FLORIDA AC# 4 3 9 4 9 6 3
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
SEA1505172 04/28/09 087061845
SEATING FOOD SERVICE (2010)
BJBK CAPE INC
IZZY'S BISTRO
IS LICENSED under the provisions of Gh.509 vs.
azpczatioa dace, APR 1, 2010 L09042800714
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF MOTELS AND RESTAURANT'S SEQ# L09042800714
04/28/2009108706184S ISE
The SEATING FOOD SERVICE
Named below IS LICENSED
Under the provisions of
Expiration date: APR 1,
BJBK CAPE INC
IZZY'S BISTRO
6615 N ATLANTIC AVE
CAPE CANAVERAL
A1505172 NBR. OF SEATS: 150
(2010)
Chapter 509 FS.
2010
FL 32920
NON-
TRANSFERABLE .
CHARLIE CRIST CHARLES W. DRAGO
^91frVDMnT> SECRETARY
DIVISION 3. IMPACT FEES
j
See. 78-121. Established.
1 There shall be paid an assessment to defray the cost and expense of collection,
transmission, treatment and disposal of sewage and for necessary equipment, repairs, replacement
and additions and for any new sewer plant expansion for the city. Such assessment shall be for the
sewer system on all new construction and all structures initially connecting to the city sewer
system. The assessment schedule shall be as set forth in appendix B to this Code.
(Code )981, § 535.01; Ord. No. 5-92, § 1, 5-5-92)
See. 78-128. Change of use.
Any structure or use of structure which is modified such that the sewer impact assessment
is greater than the amount for which the initial impact fee was computed, the owner shall be
assessed additional impact fees in accordance with section 78-121. For any change of use which
increases the original impact fee for which the building was constructed, the owner will be
assessed additional impact fees in accordance with section 78-121. For any change of similar use
which increases the number of units (per seat, per worker, per square feet of floor space, etc.)
within the establishment, the owner will be assessed impact fees only on the additional number of
units proposed to be constructed, in accordance with section 78-12t.
(Code 1981, § 535.05; Ord. No. 23-96, § 5, 12-3-96)
Chapter 78. Utilities
Article U. Sanitary Sewer System
e)
Tmpact fees:
78-129
f.
Food service operations:
I .
Restaurant, per seat..........
292.23
2.
3.
24-hour restaurant, per seat..........
Bar and cocktail lounge, per seat..........
438.35
174.87
4.
Drive-in restaurant, per car space..........
292.23
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: AUGUST 4, 2009
I M MI, 11►1101
Subject: Resolution No. 2009-24, Adopting a new solid waste franchise
agreement with Waste Pro, Inc, effective October 1, 2009, adopting the solid
waste rates and adopting a memorandum of agreement with Waste Pro, Inc.
related to enhanced services and equipment.
Department: City Manager
...............................
Summary:
On May 26, 2009, the City issued RFP 01-2009, Garbage and Recycle Collection
Services. The bid opening was held on June 26, 2009, City Council on July 6, 2009
selected Waste Management and Waste Pro, Inc. to make presentations that were held
on July 21, 2009. City Council ranked Waste Pro, Inc. the top firm with 88 points and
Waste Management second with 761.6 points.
Requested Council Action:
City Council adopt Resolution No. 2009-24, adopting a new solid waste franchise
agreement with Waste Pro, Inc. with an effective start of service date of October 1,
2009, adopting the new solid waste rates effective October 1, 2009, and adopting a
memorandum of agreement with Waste Pro, Inc. related to enhanced services and
equipment.
Financial l m pa_._...... ._............._._ ...............
ct:
$8,000 due to the City upon execution of the contract. $2,000 a year for recycling public
awareness programs.
Attachments: o Supporting Documents Reviewed
Resolution No. 2009-24, Solid Waste Franchise Agreement, Memorandum of
Agreement.
Submitting Department Head: Date:
Approved by City Manager: Date: 91-T110
City Council Action: [ ] Apr ved ecommended [ ] Disapproved
[ ] Approved with Modifications
( ] Tabled to Time Certain
cape -n t\k im\myd oc ume nts lad m i n\cou nci nmeeti ng12009k08-04-09\2009-24. do c
07-22-09
CITY OF CAPE CANAVERAL - RFP 01-2009 GARBAGE AND
RECYCLE COLLECTION SERVICES
CITY COUNCIL
OVERALL RANKING
Evaluation Criteria
Waste Management
Waste Pro
Fee Proposal
133
183
Contract Approach
38
44
Customer Service
71
88
Experience/QualificationsmmmmmmmWWWW
141
125
OVERALL POINTS
383
440
SUM TOTAL
76.60
88.00
RESOLUTION NO. 2009-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, ADOPTING A NEW SOLID
WASTE FRANCHISE AGREEMENT WITH WASTE PRO OF
FLORIDA, INC. EFFECTIVE OCTOBER 1, 2009; ADOPTING
THE SOLID WASTE RATES SET FORTH IN THE SOLID
WASTE FRANCHISE AGREEMENT; ADOPTING A
MEMORANDUM OF AGREEMENT WITH WASTE PRO OF
FLORIDA, INC. RELATED TO ENHANCED SERVICES AND
EQUIPMENT; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, there is an immediate and continuing need for the collection and disposal of
bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and
demolition debris from residents, businesses, an other entities within the municipal boundaries of
the City of Cape Canaveral; and
WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment.
personnel, and experience to properly collect and dispose of solid waste; 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 Waste Pro of Florida, Inc. to provide for the collection and disposal of bulk trash, refuse,
vegetative waste, and recyclable materials as agreed upon in the attached Solid Waste Agreement,
effective October 1. 2009; and
WHEREAS, consistent with the requirements of section 62-5 of the City Code, the City
Council desires to expressly approve the solid waste rates set forth in the attached Solid Waste
Agreement; and
WHEREAS, Waste Pro has offered to provide enhanced services and equipment during the
term of the Franchise Agreement which are memorialized as set forth in the attached Memorandum
of Agreement dated August 4, 2009; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interests of the public health, safety, and welfare of the citizens of Cape
City of Cape Canaveral
Resolution No. 2009-24
Page 1 of 3
Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Resolution.
Section 2. Adoption of Solid Waste Franchise Agreement. The City Council of the
City of Cape Canaveral, Florida hereby approves and adopts the Solid Waste Agreement dated
August 4, 2009 between the City of Cape Canaveral, Florida and Waste Pro of Florida, Inc. A copy
of said Agreement is attached hereto as "Attachment A," and is fully incorporated herein by this
reference, and shall become effective on October 1, 2009.
Section 3. Adoption of Solid Waste Rates. The City Council of the City of Cape
Canaveral, Florida hereby approves and adopts the solid waste rates set forth in "Exhibit A" to the
Solid Waste Agreement, attached hereto as "Attachment A."
Section 4. Adoption of Memorandum of Agreement. The City Council of the City of
Cape Canaveral, Florida hereby approves and adopts the Memorandum of Agreement dated August
4, 2009 between the City of Cape Canaveral, Florida and Waste Pro of Florida, Lnc. A copy of said
Memorandum of Agreement is attached hereto as "Attachment B," and is fully incorporated herein
by this reference.
Section 5. 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 6. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portion hereto.
Section 7. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
[SIGNATURE PAGE FOLLOWS]
City of Cape Canaveral
Resolution No. 2009-24
Page 2 of 3
RESOLVED by the City Council of the City of Cape Canaveral, Florida this
, 2009.
ATTEST:
MIA GOFORTH,
Acting Deputy City Clerk
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
ROCKY RANDELS, Mayor
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
City of Cape Canaveral
Resolution No. 2009-24
Page 3 of 3
day of
For Against
ATTACHMENT A
SOLID WASTE AGREEMENT
TABLE OF CONTENTS
Section Numbers & HeadinQs
Page Number
1.0 Recitals...............................................................1
2.0 Definitions............................................................1
2.1
Authorized Representative ...........................................
1
2.2
Biohazardous Waste................................................2
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 ..............................................
3
2.12
Commercial Service ................................................
3
2.13
Commercial Trash .................................................
3
2.14
Complaint........................................................3
2.15
Construction and Demolition Debris ...................................
3
2.16
Contract or Agreement ...............................
I ............ 1.4
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 ... ..............................................5
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
Recycling Container ................................................
5
2.33
Refuse......•...................................................5
2.34
Refuse Container ..................................................
6
2.35
Rolloff Container ..................................................
6
2.36
Residential.......................................................6
2.37
Residential Service ........................ I ........................
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................................
I ........ 1 ........ 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 PubliciNvate 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 ......... I ................
I ...... 9
4.2
Residential Service ................................................
10
A. Frequency of Collection ......................................
10
R. Point of Collection ..........................................
10
C. Containers and Preparation ............ I ......................
10
1. Household Trash and Garbage ...........................
10
2. Recyclable Materials..................................
10
3. Vegetative Waste.....................................
10
4. Bulk Trash..........................................11
4.3
Commercial Service ...............................................
11
A. Frequency of Collection ......................................
1 l
B. Point of Collection ..........................................
I 1
C. Containers and. Preparation...................................
11
1. Commercial Trash and Garbage .........................
1 l
2. Recyclable Materials..................................
12
3. Vegetative Waste.....................................
12
4.4
Multiple Dwelling Units ...........................................
12
A. Frequency of Collection ......................................
12
B. Point of Collection ..........................................
12
C. Containers and Preparation...................................
13
1. Household Trash and Garbage ...........................
13
11
iii
2. Recyclable Materials..................................
13
3. Vegetative Waste.....................................
13
4. Bulk Trash..........................................13
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..................................
14
3. Vegetative Waste.....................................
14
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 ......................................
15
C. Point of Collection ..........................................
15
D. Containers and Preparation...................................
15
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 ............. I .... I ................
16
A. Code Enforcement..........................................16
B. Compactor Service ..........................................
16
C. Multiple Dwelling and Special Vegetative Waste Service ...........
17
5.2
Consumer Price Index Adjustment...................................
17
5.3
Billing Customers by City ..........................................
17
5.4
Billing and Payment Procedure......................................
18
5.5
Franchise Fee....................................................18
5.6
Contractor's Petition for a Rate Adjustment ............ I ........
I ...... 18
6.0
Schedules and Routes.................................................
19
7.0
Collection
Equipment and Vehicles.....................................
19
7.1
Type and Amount.................................................
19
7.2
Condition.......................................................20
7.3
Overloading.....................................................20
7.4
Back-up Equipment ...............................................
20
8.0
Contractor's Personnel...............................................
20
8.1
Contractors Representative.........................................
20
8.2
Other Personnel..................................................20
8.3
Conduct of Personnel..............................................
20
8.4
Uniform Regulations..............................................
21.
8.5
Labor and Employment Laws.......................................
21
8.6
Informing Personnel of Responsibilities ...............................
21
iii
iv
8.7 Driver's License..................................................
21
8.8 Drug Free Workplace ..............................................
21
9.0
Level of Service; Customer Complaints; Annual Evaluation by City .......
21
9.1 Level of Service ..................................................
21
9.2 Customer Complaints.............................................
22
9.3 Annual Evaluation Procedure.......................................
22
10.0
Authorized Representative's Interpretation and Decision ...............
23
11.0
Other City Permits...................................................
24
12.0
Performance Bond; Alternatives.......................................
24
12.1 Performance Bond................................................24
12.2 Conditions......................................................24
12.3 Reduction of Bond/Letter of Credit ...................................
25
12.4 Use of Performance Bond and Letter of Credit ..........................
25
12.5 Replenishment of Letter of Credit and Performance Bond .................
25
12.6 Non-renewal, Alteration, or Cancellation of Ltr. of Credit or Perf. Bond ......
25
12.7 Inflation........................................................26
12.8 Default.........................................................26
12.9 Right to Require Replacement of Bonds or Letter of Credit ................
26
13.0
Transfer of Ownership or Control .....................................
26
13.1 Transfer of Franchise ..............................................
26
13.2 Transfer Threshold................................................
26
13.3 City Approval....................................................26
13.4 Signatory Requirement ........................... I .. I ..... I .......
27
14.0
Forfeiture or Termination.............................................
27
14.1 Grounds for Revocation............................................
27
14.2 Effect of Circumstances Beyond Control of Franchisee ...................
28
14.3 Effect of Pending Litigation.........................................
28
14.4 Procedure Prior to Revocation.......................................
28
15.0
Regulatory Authority .................................................29
15.1 Authority .......................................................29
15.2 Right of Inspection .................................................
29
15.3 City Regulation..................................................29
15.4 City Health and Sanitation Regulations................................
29
16.0
Liability and Insurance...............................................30
16.1 Certificate of Insurance............................................
30
16.2 No Liability Limit................................................
30
16.3 Endorsement....................................................30
16.4 State Institution..................................................
30
16.5 Named Insured...................................................
30
16.6 Changes in Policy Limits...........................................
30
16.7 Commercial General Liability Insurance ...............................
31
16.8 Automobile Liability Insurance......................................
31
16.9 Worker's Compensation...........................................
31
iv
17.0
Indemnification and Hold Harmless.................................... 31
18.0
Interference with Persons, Public and Private Property, and Utilities ......
32
19.0
Books and Records Available to City ................. I .................
32
19.1 Records........................................................32
19.2 Review.........................................................32
19.3 Reports to be Filed................................................33
19.4 Mandatory Records...............................................33
19.5 Quarterly Report to City Council.....................................
33
19.6 Other Records...................................................33
20.0
Preferential or Discriminatory Practices Prohibited .....................
33
21.0
Storms; Hurricanes; Natural Disasters; Calamities ......................
34
22.0
Miscellaneous Provisions..............................................
34
22.1 Independent Contractor............................................
34
22.2 No Joint Venture.................................................
35
22.3 Entire Agreement.................................................
35
22.4 Notices.........................................................35
22.5 Captions........................................................36
22.6 Severability.....................................................36
22.7 City's Rights of Inspection..........................................
36
22.8 Attorney's Fees..................................................36
22.9 Counterparis ... . . . ............... . . . . ...........................36
22.10 Waiver.........................................................36
22.11 Jurisdiction; Venue...............................................36
23.0
Effective Date; Term..................................................36
23.1 Effective Date...................................................37
23.2 Term...........................................................37
23.3 Renewal........................................................37
24.0
Disruption in Collection and Disposal Services ..........................
37
25.0
Liquidated Damages ..................................................37
25.1 Legitimate Complaints.............................................
37
25.2 Spillage........................................................37
25.3 Collection Vehicles and Containers...................................
38
25.4 Unattended Collection Vehicles.....................................
38
25.5 Collection Schedules..............................................
38
25.6 Failure to Keep Collection Vehicles Closed or Covered ...................
38
25.7 Failure to Have Back-Up Collection Equipment When Needed .............
38
26.0
Contractor's Representative...........................................
38
27.0
Time of the Essence...................................................38
28.0
Sovereign Immunity ..................................................39
29.0
Franchise Costs......................................................39
30.0
Title to Refuse.........................................................39
31.0
Public An,areness Campaign ............................................
39
31.1 General ................ ......................................... 39
31.2 Automated Cart Program ........................................... 39
32.0 Additional Recycling Compensation to City ................................ 39
vi
SOLID WASTE AGREEMENT
THIS AGREEMENT made and entered into this 4th day of August, 2009, 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 PRO OF
FLORIDA, INC., a Florida Corporation, located at 2101 W. State Road 434, Suite 315, Longwood,
Florida 32779 (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, the Cityhas recently completed a competitive bidding process for the collection
and disposal of bulk trash, refuse, vegetative waste, and recyclable materials within 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, upon review of the competitive bids submitted, the City Council of the City
of Cape Canaveral has determined that Contractor's bid was the lowest and most responsible bid
submitted, and the City Council has determined that it is 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.
Solid Waste Agreement
City of Cape Canaveral / Waste Pro of Florida, Inc.
Page 1 of 40
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
needles, syringes, broken g)ass, 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 transnutting 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.
Solid Waste Agreement
City of Cape Canaveral / Waste Pro of Florida, lnc.
Page 2 of 40
2.11 Colleetion 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.
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 of the generating industry to minimize the commingling of wood
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,
Solid Waste Agreement
Ciry of Cape Canaveral / Waste Pro of Florida, Inc.
Page.33 of 40
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.I7 Contractor or Franchisee: Shall mean Waste Pro of Florida, Inc. and its directors,
officers, employees, agents, contractors, and assigns.
2.18 CPQ: 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.
Solid Waste Agreement
City of Cape Canaveral / Waste Pro of Florida, Inc.
Page 4 of 40
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),
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 PEI), brown, clear and green glass bottles
and jars, 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 minimum fourteen (14) gallon recycling bin or
larger cart 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.
Solid Waste Agreement
City of Cape Canaveral / Waste Pro of Florida, tnc.
Page 5 of 40
2.34 Refuse Container: Shall mean a heavy plastic receptacle, with a rated capacity of
not more than ninety-six (96) gallons, having 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.
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%) cumulatively over the term 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
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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
normal yard and landscaping maintenance generated on site and shall 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.
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 hereunderto 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 Scone 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.
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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 shall operate with due care in the
vicinity of such utilities and shall repair or have repaired, at no additional cost
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.
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H. Litter and Dangerous Animals. Contractor shall not be responsible for
scattered solid waste which can be categorized as litter unless the same has
been caused by Contractor's acts or omissions, in which case, all such
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/DevelopmentReview. City shall notify Contractor of pending
site plan and development review applications in order to give Contractor an
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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.
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 the garbage and household trash which shall
be placed in a separate cart. All leaves and pine needles, ornamental
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shrubs, clippings and tree trinunings 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.
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 (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 use one or more of
the following: mechanical containers, compactor service, or
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rolloff 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.
b. Contractor shall be required to provide an adequate number
of mechanical 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. Ifrequested, 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 shalt provide collection and disposal service
to multiple dwelling uriit 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.
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
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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.
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 follokving 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.
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.
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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 Citv.
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.
Refuse. 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 required 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,
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.
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Bulk Trasb. 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 Rigbt. 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
compete with said small haulers by providing 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
public health, safety, and welfare.
C. Point of Collection. Collection of construction and demolition debris shall
be at a location mutually agreed upon by the customer and Contractor;
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.
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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 may be utilized in conjunction with a toter cart program
for garbage and vegetative waste collection ("Automated Cart Program"). 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 Contractors 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 $25.00 delivery charge for each such change.
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 in accordance with the rate
schedule submitted by Contractor during the competitive bid process. Said rate
schedule is attached hereto and fully incorporated herein as EXHIBIT "A."
A. 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.
B. 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.
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C. 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 that set forth in EXHIBIT "A.',
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 = [!QP12 - CPI1 ] +l x Current Rate
CPI1
"C13I1 " The published CPI for the month of October of the preceding year.
11CP12" 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 CPI 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 shalt provide the customer billing for all collection and disposal
services provided by Contractor under this Agreement, unless otherwise specifically
stated herein. City shall perform 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 Contractors 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.
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5.4 Billing and Payment Procedure. Unless otherwise provided by the Authorized
Representative, customer billing and payment to Contractor shall be in accordance
with the following procedure:
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 theirrespective 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'h 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 adj ust 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 regulation or change in the CPI. Any such request shall be supported by
full documentation establishing the increase in operating costs and the reasons
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therefor. The City shall be entitled to audit the Contractor's financial and operational
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 perfornung 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 induration. 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
recognized manufacturer ofcollection equipment. Collection vehicles shall be of the
enclosed packer type or other type vehicle which meets industry standards and is
approved by the Authorized Representative. All collection vehicles shall be
equipped with communication devices and such devices shall be maintained in good
operating order.
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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 Cont ctor'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
authority by Contractor shall be made available to the Authorized Representative for
consultation within a reasonable and practicable time after Contractor receives notice
from the Authorized Representative that a consultation is being requested.
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
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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 personnel 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. Contractor shall maintain a drug free workplace policy. If
requested by City, Contractor shall provide a document certifying to the City it is a
drug free workplace.
9.0 Level of Service; Customer Comnlaints;_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:
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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.
Complaints received after 12:00 noon shall be resolved before 12:00 noon of the
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)
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:
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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 of performance 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
Impasse, the Authorized Representative shall have thirty (30) 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 may be
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 diligently with 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.
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11.0 Other ON 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 savings and loan association acceptable to the City, authorized to do
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.
B. There shall be recoverable by the Cityjointly 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.
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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;
Contractor assigns this Agreement without the express written consent
of the City; or
This Agreement is terminated by reason of the default of the
Contractor.
12.3 Reduction of Bond/Letter of Credit. Upon 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 term 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 such written notice to make a full and complete payment. If the Contractor
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
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
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satisfactory to the City which approval shalt 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 or policies 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 jeopardize 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.
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 parry
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.
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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 of which 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
indemnification coverage or the performance bond (or alternative letter of
credit) as required herein;
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 disruption of such service occurs pursuant to paragraph 24.0
of this Agreement, unless approval of such disruption is obtained from the
City Council;
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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
Contractor provided a material 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 linutation, 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 fault is due to Contractor's financial inability to perform or comply, economic
hardship, or misfeasance, malfeasance or nonfeasance by any of the Contractor's
directors, officers, employees or contractors or agents.
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 (30) 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.
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15.0 Regulatory Authority.
15.1 Authority. The City reserves the right to exercise the maximum authority; as may
at any time be lawfully permissible, to regulate the collection and disposal services
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
pemsissible, 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 of the Contractor all collection and disposal
services performed subject to the provisions of this Agreement and equipment used
by Contractor, and to snake 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.
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
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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.
16.0 Liability and Insurance.
16.1 Certificate of Insurance. Prior to the effective date of this 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.
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 of the 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
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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. $1,000,000 single limit liability for personal bodily injury or death to any one
person.
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. $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 everyname 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
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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.
18.0 Interference witb 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;
D. 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 has, electric, water, wastewater,
reclaimed water, stormwater drainage, telephone, or other utility facilities
located within the service area.
19.0 Books and R cords Available to City. Quarterly Report to Cig Council.
19.1 Records. With advance written request, the City shalt 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 shah 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
Solid Waste Agreement
City of Cape Canaveral / Waste Pro of Florida, Inc.
Page 32 of 40
Authorized Representative to examine, at the City's discretion, any and all maps and
other records kept or maintained by the Contractor or under its control concerning the
operations, affairs, transactions or property of Contractor relative to the collection
and disposal services provided under this Agreement. The examination shall take
place at Contractor's office.
19.3 Reports to be Piled. 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 of the 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 limes maintain:
A. A record of all complaints received and interruptions, disruptions, or
degradation of collection and disposal services for the preceding year prior
CD
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 the City because of the income of the customers within the service
area. Contractor shall not charge customers different rates for service for the same class or
type of service. However, this paragraph is not intended to restrict Contractor from offering
Solid Waste Agreement
Ciry of Cape Canaveral / Waste Pro of Florida, lnc.
Page 33 of 40
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 of refuse, 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
indemnify 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: (i) 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 are initiated. In the event that any applicable government agency
determines that Contractor is an employee of the City and the City is required to pay
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
Solid Waste Agreement
Ciry of Cape Canaveral / Waste Pro of Florida, Inc.
Page 34 of 40
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.
Except, however, the parties understand and agree that Contractor made certain
commitments and representations to the Cityduringthe competitive bid presentations
to the City Council related to enhanced services and equipment that will be provided
during the term of this Agreement. Contractor and City agree that those
commitments and representations have been memorialized in writing by separate
memorandum of agreement with the approval of this Agreement by the City Council.
Said memorandum of agreement shall be fully incorporated binding upon Contractor
as if fully set forth in this Agreement. 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
TO THE CONTRACTOR:
Florida Government Affairs Director
Waste Pro of Florida, Inc.
Solid Waste Agreement
City of Cape Canaveral / Waste Pro of Florida, Inc.
Page 35 of 40
2101 W. State Road 434, Suite 315
Longwood, Florida 32779
Ph; 407 -
Either party may change the aforementioned designated agents at any time by
providing A,6tten 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.
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 incurred, 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.
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.
Solid Waste Agreement
City of Cape Canaveral / Waste Pro of Florida, Inc.
Page 36 of 40
23.1 Effective Date. The effective date of the Contract shall be October 1. 2009.
23.2 Term. The term of this Agreement shall be from October 1, 2009 to September 30,
2014, 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 parry 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 be exercised by a majority
vote of the City's City Council after the City Council has declared that the disruption has
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. l (H), liquidated damages shall be $25.00
per occurrence.
Solid Waste Agreement
Ciry of Cape Canaveral / Waste Pro of Florida, Inc.
Page 37 of 40
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 525.00
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.
25.5Collection Schedules. For each occurrence Contractor fails to maintain a
collection schedule required by this Agreement, liquidated damages shall be $250.00
1.7
per occurrence and S10.00 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 fans to keep a collection vehicle closed or covered, liquidated damages
shall be $25.00 per occurrence,
25.7 Failure to Have Bach -Up Collection Equipment When Needed. For each
occurrence Contractor fails to have back-up collection equipment available to
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 Ageement. 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 Tim Dolan, 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.
Solid Waste Agreement
City of Cape Canaveral / Waste Pro of Florida, Inc.
Page 38 of 40
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
Noll 00 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)
days from the effective date of said renewal, transfer, or assigrunent.
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 their version of an 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 recycling areas. The materials may be 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
Solid Waste Agreement
City of Cape Canaveral / Waste Pro of Florida, Inc.
Page 39 of 40
the revenue received for the sale of material. The remaining money, if any, will be
the City's. The recyclable materials may be handled through a County processing
center if and when one is developed. The revenue from the materials would be
handled in the same mariner 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
recyclable materials. This report will identify by week, by type of material, the
amount of recyclable materials collected from the City. It will also show the
accumulative amounts of material from the City at the Collector's site, and the
amount of the City's materials sold that month.
ATTEST:
City Clerk
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.
CORPORATE SEAL:
Print Name/Title:
CITY OF CAPE CANAVERAL, FLORIDA
M
Rocky Randels, Mayor
WASTE PRO OF FLORIDA, INC.
0
Print Name/Title
Solid Waste Agreement
City of Cape Canaveral / Waste Pro of Florida, Inc.
Page 40 of 40
City of Cape Canaveral solid waste rate schedule
Exhibit "A"
Services billed by the City
User Category Monthly fee
Single Family - CART, yard waste,
Bulk, single stream recycling service and
weekly clam truck yard waste pick up.
$8.80
Multi -Family CART & bulk service
$4.70
Multi -Family recycling - single stream CARTS
$1.75
Commercial CART service
$10.75
Monthly Container (dumpster) yards
cubic yard rate $3.03
$26.25
Extra pick-up container yards
$3.95
Services billed directly by the contractor
Description of Service
5450.00
Roll off container
20 yard open top per pull
5160.00
30 yard open top per pull
S160.00
40 yard open lop per pull
$160.00
Roll off compactors
15 yard monthly rate
$450.00
20 yard monthly rate
5450.00
30 yard monthly rate
5450.00
40 yard monthly rate
$450.00
Compactor per pull charge
1S yard per pull
5160.00
20 yard per pull
S160.00
30 yard per pull
5160.00
40 yard per pull
5160.00
Delivery charge for all roll off
575.00
type containers.
Additional charges for commercial
Containers.
Wheels on containers - monthly
535.00
lock+ng bars and locks - monthly
535.00
Multi-Family/Commercial yard waste
Full clam truck per pick up - more then 10 cubic yards
5120.00
1/2 clam truck per pick up - less then 10 cubic yards
560.00
ATTACHMENT B
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT made and entered into this 4th day of August,
2009, 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 PRO OF FLORIDA, INC., a Florida Corporation, located at 2101 W. State Road 434,
Suite 315, Longwood, Florida 32779 (hereinafter "Contractor").
WITNESSETH:
WHEREAS, the City and Contractor have entered into a Solid Waste Agreement, dated
August 4, 2009, which becomes effective on October 1, 2009; and
WHEREAS, Contractor has voluntarily agreed to provide the City of Cape Canaveral
with enhanced services and equipment under the Solid Waste Agreement; and
WHEREAS, Contractor and City desire to memorialize the enhanced services and
equipment as set forth in this Memorandum of Agreement_
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 Enhanced Services and Equipment. In addition to the services and equipment provided
by Contractor under the Solid Waste Agreement, Contractor voluntarily agrees to provide
the following enhanced services and equipment:
2.1 Contractor shall pay the City an additional $5,000.00 to cover the City's franchise costs
incurred pursuant to Paragraph 29.0 of the Solid Waste Agreement. The total payment due the City
will be $8,000.00.
2.2 If requested by the Customer, Contractor will provide 14 or 18 gallon recycling bins or
a recycling CART at the same cost as the 14 gallon recycling bins.
2.3 In addition to aluminum or plastic containers, Contractor may use other containers that
are made of corrosive resistant material in order to take advantage of new technologies that the City
determines will enhance customer service.
2.4 Contractor shall deodorize commercial front load and roll off containers on an as -need
basis. The City reserves the right to request specific containers be deodorized. Further, commercial
Memorandum of Agreement
City of Cape Canaveral / Waste Pro of Florida, Inc.
Page 1 of 4
front load containers which would normally contain food waste or other waste subject to decay shall
be disinfected each time they are emptied.
2.5 Contractor shall provide the City with solid waste and recycling services at City facilities
at no additional charge. Said service is set forth in EXHIBIT "I " which is attached hereto and fully
incorporated herein by this reference..
2.6 Contractor shall have their new Brevard County facility up and running within 90 days
of the Effective Date of the Solid Waste Agreement.
2.7 Cozltractor will collect and dispose of electronic waste (E -Waste).
2.8 Contractor shall maintain an online web -based customer complaint tracking system at no
additional expense to the City. Contractor shall provide the City with electronic access to the
tracking system so the City can freely review the complaints filed in the system.
2.9 Contractor shall provide a minium of $2,000.00 a year forpub] is awareness for the City's
recycling program.
2.10 Contractor shall provide additional activation assets that can be used to timely and
adequately respond to debris and solid waste removal during disasters.
2.11 Upon the Effective Date, Contractor shall utilize all new primary equipment for
residential and commercial collection and disposal. However, back-up equipment does not have to
be new. The claw truck shall be a new hybrid vehicle.
2.12 Contractor shall maintain an enhanced recycling program by using SCORE and
collecting E -Waste at the curb for residential customers at no additional cost.
2.13 Contractor shall provide recycling services for special events held in the City.
2.14 Contractor will use a semi -automated program for collecting and disposing of waste so
that all waste brought to the appropriate collection point is collected and disposed of in accordance
with Solid Waste Agreement.
2.15 Contractor shall provide an annual maintenance schedule for front load commercial
containers.
2.16 Contractor shall provide the City with a customer service manual or program
educational material, in a form deemed acceptable to the City, prior to the Effective Date.
2.17 Contractor shall not utilize any temporary labor in providing collection and disposal
Memorandum of Agreement
City of Cape Canaveral / Waste Pro of Florida, Inc.
Page 2 of 4
services to the City under the Solid Waste Agreement. All labor used shall be on Contractor's
payroll.
2.19 Contractor shall maintain membership in Keep Brevard Beautiful during the entire term
of the Solid Waste Agreement.
2.19 During collection days, Contractor will assign a supervisor who will be responsible for
collecting car tires, car batteries, and similar materials that are not collected by the regular collection
vehicle.
2.20 On a daily basis, Contractor shall have a supervisor ride the streets to address collection
and disposal issues as they arise.
2.21 Contractor shall reimburse the City on a monthly basis for the City's expenses incurred
under the Municipal Tracking System Trac EZ User Agreement. Said amount is anticipated to be
approximately $250.00 per month at the Effective Date subject to annual CPI adjustments. Said
amount shall be deducted from the amount owed Contractor by the City each month.
2.22 Restaurant containers will be inspected monthly by Contractor. Containers will be
painted on a yearly basis or more often if necessary.
2.23 Collection vehicles will be personalized for the City of Cape Canaveral.
2.24 Contractor and City will conduct a joint marketing program for small business recycling.
Contractor agrees to tailor its services to meet the individual needs of a business. If traditional
recycling programs formulti-family recycling customers are not deemed acceptable to the customers
and the City, Contractor will design a recycling option that works for the City and its multi -family
recycling customers.
[Signature Page Follows]
Memorandum of Agreement
Cite of Cape Canaveral / Waste Pro of Florida, Inc.
Page 3 of 4
ATTEST:
City Clerk
CITY OF CAPE CANAVERAL, FLORIDA:
Rocky Randels, Mayor
CORPORATE SEAL: WASTE PRO OF FLORIDA, INC.
Print Name/Title:
Print Name/Title:
Memorandum of Agreement
City of Cape Canaveral / Waste Pro of Florida, Inc.
Page 4 of 4
EXHIBIT I
CITY SOLID WASTE AND RECYCLING (Free Services)
The listof services outlined in this exhibitwill be provided to the City free of charge, This list will be updated as
permanent facilities are added to the City facilities. Temporary construction projects are not Included in this
list.
Commercial Service
Fac fi
Solid Waste
Location Size
Facility Recycling Program
Frecluencv CITY
City Hall Annex
111 Polk Ave
4 yard
twice a week
one dumpster
City Library
201 Polk Ave
2 yard
twice a week
one dumpster
Public Works
601 Thurm Blvd
2 yard
twice a week
one dumpster
Fire Department
190 Jackson Ave
2 yard
twice a week
one dumpster
Manatee Park
701 Thurm Blvd
2 yard
twice a week
one dumpster
Beach end crossovers and bus stop locations
Johnson Avenue
96 gallon
6x a week
two
Lincoln Avenue
9�6 gallon
6x a week
two
Buchanan Avenue
96 gallon
6x a week
two
Pierce Avenue
96 gallon
6x a week
two
Fillmore Avenue
96 gallon
6x a week
two
Taylor Avenue
96 gallon
6x a week
two
Polk Avenue
96 gallon
6x a week
two
Tyler Avenue
96 gallon
6x a week
two
Polk Avenue
96 gallon
6x a week
two
Tyler Avenue
96 gallon
6x a week
two
Harrison Avenue
96 gallon
6x a week
two
Jackson Avenue
96 gallon
6x a week
two
Monroe Avenue
96 gallon
6x a week
two
Madison Avenue
96 gallon
6x a week
two
Jefferson Avenue
96 gallon
6x a week
two
Adams Avenue
96 gallon
6x a week
two
Washington Avenue
96 gallon
6x a week
two
Canaveral Sands
96 gallon
6x a week
two
Harbor Heights
96 gallon
6x a week
two
Alt Public Transportation Bus Stop locations currently in place and any future Bus Stop additional locations
added by the City will be emptied 6x a week. It will be the City's responsibility to notify Contractor of additional
locations.
Facility
Location
gry Size Frequency
City Sponsored SPECIAL EVENTS (Shall Include recycling containers per event organizer)
Art Festival (2 days)
Manatee Park 701 Thurm Blvd
4
32 gallon
1 daily event pickup
Community Celebration
Manatee Park 701 Thune Blvd
2
32 gallon
1 dally event pickup
Movie In the Park (6/year)
Manatee Park 701 Thurm Blvd
4
32 gallon
1 daily event pick up
Fall Festival
Manatee Park 701 Thurm Blvd
2
32 gallon
1 daily event pickup
Reindeer 5K Run
Cherie Down Park 8492 Ridgewood Ave
4
32 gallon
1 dally event pick up
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: AUGUST 4, 2009
Item No. 6
Subject: Consideration: Resolution No. 2009-25, Suspending Temporary
On -Premises Sign Code Provisions and Related Permit Fees
Department: Community Development/Building
... .............
Summary:
Due to current economic conditions, City Council has suspended temporary on -
premises sign code provisions and related permit fees.
Requested Council Action -
City Council consider the adoption of Resolution No. 2009-05, suspending temporary
on -premises sign code provisions and related permit fees for a six-month period.
I recommend approval.
Financial Impact:
N/A
Attachments: ig Supporting Documents Reviewed
Resolution No. 2009-05
Submitting Department Head: Date:
Approved by City Manager: Date:
City Council Action. mmmmmmmmmmm[ ] Apprd IT as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ca pe -n t\k im Vnyd oc ume n tslad m i nlcou nci llmeet i ng12009108-04-0912009-25. do c
RESOLUTION NO. 2009-25
A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
EXTENDING FOR A PERIOD OF SIX (6) MONTHS THE
TEMPORARY SUSPENSION OF THE ENFORCEMENT OF
DISPLAY TIME LIMITS AND PERMIT FEES APPLICABLE
TO TEMPORARY ON -PREMISES SIGNS; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State
Constitution to exercise any power formunicipal purposes, exceptwhen expressly prohibited bylaw;
and
WHEREAS, on February 3, 2009, the City Council approved Resolution 2009-05,
temporarily suspending the enforcement of the time limits to display temporary on -premises signs
and suspending permit fees for same; and
WHEREAS, Section 3 of Resolution 2009-05 authorizes the City Council to extend the
temporary suspension of these regulations for one (1) additional six-month period; and
WHEREAS, the City Council desires to extend the temporary enforcement of the temporary
on -premises sign regulations for six (6) months as set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral 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 RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
and are deemed a material part of this Resolution_
Section 2, Extension to Temporary Suspension of Certain Sign Regulations. The Cape
Canaveral City Council hereby extends the temporarily suspension of the enforcement of Sections
94-76 and 94-35, Cape Canaveral CityCode, as initially set forth in Resolution 2009-05, fora period
of six (6) months.
Section 3. Termination of Suspension Period. Notwithstanding any other provision of this
Resolution, the City Council reserves the right to terminate, at any time, the six (6) month extension
to the suspension period set forth in Section 2 herein. Any such termination shall be by majority vote
City of Cape Canaveral
Resolution No. 2009-25
Page 1 of 2
of the City Council at a duly held City Council meeting.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate. distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
RESOLVED by the City Council of the City of Cape Canaveral; Florida this
August, 2009.
ROCKY RANDELS, Mayor
ATTEST: For
Bob Hoog
Buzz Petsos
MIA GOFORTH, Rocky Randels
Acting Deputy City Clerk C. Shannon Roberts
Betty Walsh
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Resolution No. 2009-25
Page 2 of 2
day of
Against
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: August 4, 2009
Item No. 7
Subject: Consideration: Resolution No. 2009-23, Supporting and
Endorsing the Principles of Home Rule
Department: Legislative
Summary:
The proposed resolution is a policy statement requesting that conflicts between the
Brevard County Charter and a municipality be resolved by the approval of a majority of
the electors within the county and a majority of the electors within the affected
municipality.
Requested Council Action:
City Council review and adopt Resolution No. 2009-23.
Financial Impact:
N/A
Attachments: ,Supporting Documents Reviewed
Resolution No. 2009-23
Submitting Department Head: Date:
Approved by City Manager: Date:
City Council Action: [ ] Approved. as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
cape -n Ok im\m yd ocu men ts\a dm i n lcou nci Nrn eet i ng\2 009108-04-09\200 9-23. d oc
RESOLUTION NO. 2009-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING AND
ENDORSING THE PRINCIPLES OF HOME RULE AND ADOPTING THE
POLICIES SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE
CITY OF CAPE CANANVERAL SHOULD HAVE THE AUTHORITY TO
GOVERN WITHIN ITS JURISDICTION; FURTHER PROVIDING THAT
SUCH AUTHORITY SHOULD NOT BE ERODED; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR OTHER PURPOSES.
WHEREAS, Chapter 166, Florida Statutes, entitled "Municipalities" and
known as the "Municipal Home Role Powers Act" provides a broad grant to all
municipalities to enable them to exercise any power for municipal purposes, except
when expressly prohibitedby law: and
WHEREAS, Section 2(b), Article VIII, State Constitution, protects the rights
of municipal government by means of language which reads as follows:
Municipalities shall have the governmental, corporate, and propriety powers
to enable them to conduct municipal government, perform municipal
functions and render municipal services, and may exercise any power for
municipal purposes, except as otherwise provided by law; and
WHEREAS, the legislature recognizes that, pursuant to the grant power set
forth in Section 2(b), Article Vlil, State Constitution, the legislative body of each
municipality has the power to enact legislation concerning any subject matter upon
which the state legislature may act except for those subjects specifically listed at
Section 166.021 (3)(a) -(d); and
City of Cape Canaveral, Florida
Resolution No. 2009-23
Page 2 of 3
WHEREAS, municipalities are voluntary forms of government and would not
exist if communities had not organized and held special elections in order to create
the local form of government; and
WHEREAS, Residents in a community decide to incorporate in order to
govern themselves and to gain a greater degree of control over issues that impact
their quality of life and property interests directly; and
WHEREAS, municipalities represent the form of government which is
closest to the people and therefore many people expressly choose to live within
municipalities in order that their ideas may be heard on a more personal basis; and
WHEREAS, this has been a priority of the Florida League of Cities; and
WHEREAS, the Brevard County Charter Review Commission is conducting
their mandated review of the County Charter;
WHEREAS, the City of Cape Canaveral desires to preserve this unique
responsive form of government and believes it to be in the best interests of its
citizens to adopt this Resolution formally stating it position,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL as follows:
SECTION 1: That the City of Cape Canaveral believes that when issues
are in conflict between the Brevard County Charter and a municipality or several
municipalities, such conflict should be resolved by the approval of a majority of the
City of Cape Canaveral, Florida
Resolution No. 2009-23
Page 3 of 3
electors within the County and majority of the electors within the affected
municipality or municipalities.
SECTION 2: The above stated policy is hereby adopted by the City Council
of the City of Cape Canaveral, Florida.
SECTION 3: This Resolution shall be forwarded to the Board of the County
Commissioners, the Charter Review Committee, the Space Coast League of Cities, Inc.
and the State Senators and Representatives elected from the jurisdiction of the City of
Cape Canaveral.
SECTION 4: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED BY, the City of Cape Canaveral City Council this _ day of
Auclust, 2009.
ATTEST:
Rocky Randels, Mayor
Name For Against
Mia Goforth, Acting Deputy City Clerk Robert Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts
Betty Walsh
Approved as to Form:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: August 4, 2009
ITEM #8
Subject: Second Amendment to the Library Lease Agreement
Department: City Manager
Summary:
Attached is the final draft of the Second Amendment to the Library Lease Agreement.
Once City Council approves, it will be scheduled for approval by the Brevard County
Commission.
Requested Council Action:
City Council review and approve the Second Amendment to the Library Lease
Agreement.
Staff will coordinate the meeting room renovation with the Library Director.
Financial Impact:__....... .............................�....................._.._w___..
Staff is securing cost estimates for the Library Meeting Room renovation.
Attachments: xo Supporting Documents Reviewed
The City's version of the lease agreement
The City's original proposal
Submitting Department Head: Date:
Approved by City Manager: Date:
City Council Action: ( ] Approved"as Recommended [ ] Disapproved
] Approved with Modifications
[ ] Tabled to Time Certain
cape-nt*im\mydocuments\admin\council\meeting" 0a9\08-04-09\library.doc
SECOND AMENDMENT
LIBRARY LEASE AGREEMENT
THIS SECOND AMENDMENT TO THE LEASE AGREEMENT entered
into this day of 2009, by and between the BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State
of Florida, hereinafter referred to as the "Board" and the CITY OF CAPE CANAVERAL,
hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the parties previously entered into an Agreement dated March 1, 1988, as
amended on September 15, 1998; and
WHEREAS, the City owns the building and land of used for Cape Canaveral Library;
and
WHEREAS, the Board operates Cape Canaveral Library as part of the Countywide
Library System; and
WHEREAS, the Parties desire to amend the Agreement regarding additional use of the
Cape Canaveral Library, specifically the Meeting Room, by the City and define their respective
duties and responsibilities.
NOW THEREFORE, in consideration of the promises and mutual covenants herein
contained, the Parties hereby agree as follows:
SECTION I. Paragraph 2. of the Agreement (March 1, 1988), as amended by the
Amendment (September 15, 1998) is hereby re -numbered to Paragraph to be Paragraph 2,a.,
SECTION 2. Paragraph 2,b., a new subparagraph, is added as follows:
The City shall be entitled to use the 2,000 square foot multi-purpose public Meeting
Room located within the Cape Canaveral Library, on a temporary basis, as a meeting room for
the City Council and various City Boards subject to coordination of scheduling of dates and
times with the Cape Canaveral Library Director. The City, given its increased use of the multi-
purpose room and the nature of the use (city council meetings, etc.), wishes to make
improvements to the Meeting Room that the City will fund at its expense.
The City, at its expense, shall refurbish said Meeting Room, provide for new audio and
visual equipment and provide flexible furnishings, as prescribed in Exhibit "A" attached hereto.
The City shall be responsible for the repair and maintenance of the meeting Room audio
and visual equipment and the flexible furnishings.
The Cape Canaveral Library Director is authorized to use said flexible furnishings and
the new audio and visual equipment for Library use, public events and meetings.
The City shall be responsible for moving the flexible furniture when requested by the
Cape Canaveral Library Director.
The City shall, at its expense, upgrade the security alarm system to separate the Library
area from the Meeting Room, Lobby and Restroom areas.
The City shall be responsible for the cost, fines, etc. associated with any false alarms
which may occur or associated with an improperly set alarm.
The City shall be responsible for securing the Meeting Room, Lobby, and Restroom
Areas during hours which the Library is not operating or closed to the public.
The Parties agree that the City is not required under the terms of this amendment to
reimburse the County for any maintenance costs at this time. The parties will review
maintenance costs incurred by the respective parties, other than those expended for the
improvements made to the Meeting Room, on an annual basis beginning June 1, 2010 to
determine whether this paragraph should be adjusted.
SECTION 3. All other terns and conditions of the Agreement dated March 1, 1988 as
amended by the Amendment dated September 15, 1998, not inconsistent with the provisions
herein shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have set their signatures and seals
effective on the date first written above.
CITY OF CAPE CANAVERAL,
FLORIDA
01
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
BY:_ BY:
Rocky
Randels, Mayor Chuck Nelson, Chairperson
ATTESTED:
Susan Stills, CMC, City Clerk
3
As approved by the Board on:
date
ATTEST:
Scott Ellis, Clerk to the Board
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/4/2009
Item No. 9
Sublect:
Ordinance revision to Ch. 82 Buildings and Building Regulations, as relates to building
permit fees.
Department:
Building
Summary:
The building official recommends approval of this ordinance which will:
1. Impose a $100 fine on every permit which is not properly closed -out, and
2. Require that no further permits be issued to any contractor or permit
applicant with an outstanding fine or to any contractor with an expired
permit due to failure to obtain a final inspection.
Additionally, this ordinance specifies that:
• permit amendments will not be approved until paid, and
• a permit refund may be issued within 30 days, except for review
fees, which are not refundable.
Requested Council Action:
Approval.
Financial Impact:
No intended impact. The intent is to encourage permittees to properly close-out all
building permits. railure to dose a permit will result in a $100 fine.
Attachments: o Supporting Documents Reviewed
Staff memo, ordinance revision to Ch. 82 Buildings and Building Regulations, as relates
to building permit fees, flowchart, West Melbourne's ordinance specifying that no further
permits may be issued to any contractor or permit applicant with an outstanding fine or
to any contractor with an expired permit due to failure to obtain a final inspection.
Submitting Depa `Head: Date:
Todd Morley June 29, 2009
Approve try City Manager: Date:
City Council Action: [ ] Appr ed rs Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Memo
Date. Jum 29, 2009
To: Bennett Boucher, Cit Manager
From: Todd Motley, Building Olviciialo
RE: Recommendation of Ordinance revision to Ch. 82 Buildings and Building
Regulations, as relates to building permit fees.
The. City of West Melbourne approved an ordinance imposing a $100 fee for
failure to obtain an approved final inspection. It states that no further permits may be
issued to any contractor or permit applicant with an outstanding fine or to any contractor
with an expired permit due to failure to obtain a final inspection.
This would be helpful for the City of Cape Canaveral for the following reasons:
o Will help prevent expired permits. Some contractors do not
regularly close-out their permits. This ordinance would prevent a
contractor from being issued a new permit until they have paid the
$100 fee for an old un -closed permit. The fee can't be paid until the
old permit is closed. The permit will not be closed until it achieves an
approved final inspection.
o Will help protect property owners from Code Enforcement.
Although we make diligent efforts to keep up with expired (and
expiring) permits, some contractors do not make the effort to close
their permits. This often results in no inspection being made until the
code enforcement process compels compliance. The process requires
the owner of the property to bring about compliance. This puts the
incentive for compliance in the contractor's hands.
o WW reduce the volume of Code Enforcement cases. The most
common code enforcement violation is work without a permit.
(Expired permits equate to work without a permit).
o Will help avoid State disciplinary proceedings. We have reported
this activity to the Stare Licensing Board for disciplinary measures, but
this can take months or years. The enactment of this ordinance will
achieve quick results as contractors will want to continue to obtain
permits in the City of Cape Canaveral.
ORDINANCE 08-2o09
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE,
BUILDINGS AND BUILDING REGULATIONS, RELATING
TO BUILDING PERNIIT FEES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the Florida
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 553.80, Florida Statutes, enables the City to provide a schedule of fees
for carrying out the City's responsibility to enforce the Florida Building Code, which shall be based
on direct costs and reasonable indirect costs associated with review of building plans building
inspections, re -inspections, and building permit processing; building code enforcement; and fire
inspections associated with new construction; and
WHEREAS, the City desires to amend section 82-15 of the City Code to clarify the
requirements pertaining to payment of building permit fees; 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.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference
as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2. Code Amendment. That Chapter 82, Article I, entitled General Administrative, of
the Code of Ordinances, City ofCape Canaveral, Florida, is hereby amended as follows: (underlined
type indicates additions and stri ov type indicates deletions, while asterisks (* * *) indicate a
deletion from the Ordinance of text existing in Chapter 82. It is intended that the text in sections of
Chapter 82 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance).
CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS
City of Cape Canaveral
Ordinance -2009
Page I of 3
*x�
ARTICLE L GENERAL ADWSUSTRATIVE
See. 82-15. Schedule of permit fees.
On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations
requiring a permit, a fee for each permit shall be paid as required at the time of filing application,
in accordance with appendix S of the City of Cape Canaveral Code.
(a) Payment. No peimiireau'd under this chapter shall be issued unless and until all permit
fees and permit fines establishedby- resolution of the city council are paid in full.
(b) Amendment otpermit. An amendment to a permit shall not be approved or issued unless
and until any additional fees are paid in full.
(c) Refund No_ref ind of any hermit fees shall be issued after the expiration of 30 calendar
days from the date ofissuance as stated on such permit. Administrative and plan review fees
shall not be subiect to refund under any circumstances.
(d) Final inspection. Failure to obtain a final approved inspection for a permit prior to its
expiration shall result in a $100.00 fine being levied asairtst the permit applicant. No further
permits may be issued to any permit applicant with an outstanding fine. or to any permit
applicant with an expired nerrnit due to failure to obtain a final inspection, until all such
outstanding fines are paid in full.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. 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
City of Cape Canaveral
Ordinance -2009
Page 2 of 3
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 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2009.
F.-Nr��M
SUSAN STILLS, City CIerk
First Reading:
Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
For
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
City of Cape Canaveral
Ordinance -2009
Page 3 of 3
Against
Permit fee flowchart
Cust52p�e
per
Are Moutstfees
No
Yes
<the�,-onstrucfion
valuation $.500,001
\ or higher?
No 1
Permit is processed.
Applicant is notiified that
permit fee must be paid
prior to issuance
Permit fee
paid?
Y'ts
Approved final
inspection
achieved?
Yes
Process complete
Yes Applicant is notified of
requirement to pay
outstanding fees/fines
Fees/fines
paid? No
Applicant is notified of
requirement to pay plan
Yes review deposit
Yes Isdeposit No
paid?
No Permit will not be
processed
$100 fine applied to permit. Expired
permit Is forwarded to code
No enforcement.
Permit will not be
processed
Pefmlt will not be
processed
ORDINANCE NO. 2008-35 "-
AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD
COUNTY, FLORIDA, AMENDING ARTICLE 1, IN GENERAL,
REGARDING BUILDING PERMIT FEES; PROVIDING FOR THE
EXPIRATION OF PERMITS; PROVIDING FOR PENALTIES; ARTICLE 11,
TECHNICAL CODES, REGARDING PLUMBING CODE REQUIREMENTS;
PROVIDING FOR THE DRAINING OF WATER FROM ROOF DRAINS AND
CONDENSATE DRAINS; AND ARTICLE V, NUMBERING OF BUILDING
AND PROPERTY, REGARDING HEIGHT OF NUMBERING, OF CHAPTER
18, BUILDING AND BUILDING REGULATIONS, PROVIDING FOR
SEVERABILITY AND INTERPRETATION; PROVIDING FOR THE REPEAL
OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES,-
PROVIDING
RDINANCES;PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Permitting and Regulations Committee has recommended that the City revise
certain building regulations currently in effect; and
WHEREAS, the City Council concurs that the City should make these revisions.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Melbourne,
Brevard County, Florida, that:
Section 1. Section 18-2, of Article L In General, of Chapter 18, Buildings and Building
Regulations, of the Code of Ordinances of the City of West Melbourne, Florida, shall be revised
as follows:
"Chapter 18 BUILDINGS AND BUELDING REGULATIONS"
Article L In General
Sec. 18-2. Permit fees.
(a) Payment. No permit required by the city under this chapter shall be
issued unless and until:
(1) The permit fees established by the city for such permit have been
paid.
(2) A receipt showing that all fees prescribed by county fire prevention
bureau have been paid and a letter of approval are presented to the code
administration department.
(3) A receipt showing that any applicable impact fee established by the
city has been paid.
(4) Evidence has been presented to the city on a form promulgated by
the county that all applicable impact fees established by the county have been
paid or, alternatively, evidence is presented to the city that the county has found
that the construction or development for which the building permit is sought is
exempt from county impact fees.
(b) Amendment of permit. An amendment to a permit shall not be approved or
issued unless and until any additional fees or evidence with respect to additional fees, if
any, required by subsections (a)(1) through (4) of this section, as the result of the
additional work described in the permit amendment, have been paid or provided to the
city.
(c) Accounts The finance director shall keep a permanent and accurate
account of all fees and other monies collected.
(d) Refund No refund of any fees paid to the city shall be allowed after the
expiration of 30 calendar days from the date of issuance as stated on such permit.
Administrative and plan review fees shall not be subject to refund under any condition.
(e) Schedules. Fees for permits shall be in accordance with those adopted by
resolution and on file in the city clerk's office and as may be required by other city
ordinance or resolution. Such fees shall be assessed by the building official and collected
by the finance director.
(f) Expiration. If no work is performed under the permit for a continuous
period of six (6) months, then the permit shall be deemed to have expired. Further
construction activity under the permit is prohibited.
(g) Final Invpection. Failure to obtain a final approved inspection for a
permit before it expires will result in a $100.00 fine being levied against the permit
applicant. No further permits may be issued to any contractor or permit applicant with an
outstanding fine or to any contractor with an expired permit due to failure to obtain a
final inspection.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/4/2009
Item No. 10
.................. _.
Subject:
Permit fee resolution
Department:
Building
Summary.
The current building permit fees were established by Ordinance 98-28. In the eleven
years since, we have not raised permit fees. The building official recommends that the
base fee in all categories be increased $15.00.
An additional proposal is recommended that no further permits may be issued to any
contractor or permit applicant with an outstanding fine or to any contractor with an
expired permit due to failure to obtain a final inspection.
Requested Council Action:
Review and direct City Attorney to draft an ordinance to be forwarded to P8Z for
recommendation.
Financial impact:
An increase of $15 for every permit issued.
Attachments ❑ Supporting Documents Reviewed
Staff memo, proposed revisions to City code sec. 82-15 and appendix B Schedule of
Fees, flowchart, small permit cost analysis, West Melbourne's ordinance specifying that
no further permits may be issued to any contractor or permit applicant with an
outstanding fine or to any contractor with an expired permit due to failure to obtain a
final inspection.
Submitting Depa 'fit Head: Date:
Todd Morley June 29, 2009
Approve" -y City Manager. Date:
City Council Action: [ ] AA-p-eved as ecommended [ ] Disapproved
[ j Approved with Modifications
[ ] Tabled to Time Certain
Memo
Date: June 29, 20®9
To: Bennett Boucher, City Manager
From: Todd Morley, Building =tee�schedule
RE: on for pe revision
The current building permit fees were established by Ordinance 98-28. In the eleven
years since, we have not raised permit fees.
On August 7, 2008 the City Council reviewed a proposal to increase building permit
fees for all categories of construction valuation. I was given direction to investigate the
approximate costs incurred by the City for higher -valued projects.
My analysis indicated that the "per $1,000" rates for the higher -valued projects do
not need to be adjusted at this time. However, we should consider increasing the base
permit fee. This will have little effect on the larger permits, but will increase the fee for a
small permit (construction valued at $2,000 or less) to a reasonable level_ This will help
us keep up with increased expenses. Additionally, adjusting the base rate in all categories
will ensure that we do not create pricing anomalies.
I recommend that we increase the base fee by $'15.00 in each category. The
proposed minimum permit fee will be $75.00.
The attached Resolution amending permit fees will increase the base fee by $15.00
in every tier category and also addresses the following:
1. A $100 fee for failure to obtain an approved final inspection.
2. Some tiered fee levels have been deleted as well as some specific fee items.
This was done to streamline the permit pricing process.
3. Fee categories have been added for commercial plumbing, electrical and
mechanical work, These were missing before and are being added as a
housekeeping item.
4. Fee categories have been added for fire alarm and fire sprinkler permits. These
are addressed elsewhere in our ordinance and are being brought to this schedule
of fees to keep all building fees in one location as a housekeeping item.
S. A fee category has been added for and special inspections.
6. The preliminary plan review fee has been increased from $25 per hour to $50 per
hour.
7. The permit revision fee has been increased from $25 per hour to $25 per half
hour.
8. The re -inspection fee has been increased from $30 to $45.
9. The fee for a certificate of occupancy has been increased from $30 to $50.
RESOLUTION NO. 2009-/q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING THE EXISTING FEE SCHEDULE SET FORTH
IN APPENDIX B TO THE CAPE CANAVERAL CODE OF
ORDINANCES FOR CHAPTER 82. BUILDING AND
BUILDING REGULATIONS; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABII,IT'Y�
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State
Constitution to exercise any power formunicipal purposes, except when expressly prohibited by law;
and
WHEREAS, the City Council has, in the interest of the health, safety, and welfare of its
citizens, and in the furtherance of the requirements of Chapter 553, Florida Statutes, created the
City's Building Department and authorized said department to review building plans, process
building permits, conduct building inspections, and enforce building codes pursuant to the
requirements of the Florida Building Code; and
WHEREAS, section 553.80, Florida Statutes, enables the City to provide a schedule of fees
for carrying out the City's responsibility to enforce the Florida Building Code, which shall be based
on direct costs and reasonable indirect costs associated with review of building plans building
inspections, re -inspections, and building permit processing; building code enforcement; and fire
inspections associated with new construction; and
WHEREAS, the building and permit fee schedule may also include training costs associated
with the enforcement of the Florida Building Code; and
WHEREAS, the existing schedule of fees is no longer sufficient to offset the costs incurred
by the City of Cape Canaveral; and
WHEREAS, the City Council desires to update the building and permit fee schedule so that
developers and property owners pay their fair share of the costs attributable to building plan review,
building permit processing, conducting building inspections, and enforcing building codes consistent
with the requirements of the Florida Building Code; and
WHEREAS, the City Council of the City of Cape Canaveral 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 RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
City of Cape Canaveral
Resolution No. 2009 -
Page 1 of 3
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
and are deemed a material part of this Resolution.
Section 2. Amendment of Existing Fee Schedule for Chapter 82. Buildings and Building
Regulations. The Cape Canaveral City Council hereby amends the existing fee schedule set forth
in Appendix B to the Cape Canaveral Code of Ordinances for Chapter 82. Buildings and Building
Regulations, as set forth in Exhibit "A." (underlined type indicates additions and �t type
indicates deletions). All other existing fees set forth in Appendix B not expressly repealed or
modified herein shall remain in full force and effect.
Section 3. Incorporation into Appendix B to the Code of Ordinances. The fee schedule set
forth in Exhibit "A" shall be incorporated into Appendix B to the Cape Canaveral Code of
Ordinances and any section or paragraph number or letter and any heading may change or be
modified as necessary to effectuate the foregoing.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. if any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective on October 1, 2009.
RESOLVED by the City Council of the City of Cape Canaveral, Florida this day of
, 2009.
ATTEST:
SUSAN STILLS, City Clerk
ROCKY RANDELS, Mayor
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
City of Cape Canaveral
Resolution No. 2009 -
Page 2 of 3
For Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Resolution No. 2009-
Page 3 of 3
EXHIBIT "A"
Appendix B Schedule of Fees
Chapter 82. Buildings and Building Regulations
(A) Building Permit fees. On all buildings, structures or alterations requiring a building permit, a
fee set forth below shall be paid at the time the permit is issued:
Permit fees by total valuation:
Valuation
Fee
$500-00 or less -i
' ..........
We fee
z-iwNey 13
�V'. 00
Q: nn nn to and incl ding S 1 nnn nn
4-5.00-
i,001 nn .,, a •..hiding $2,009. nn
_
$2.000 or less:
$75.00
$2,001.00 to and including $20,000.00
$60.00 $75.00 for the first $2,000.00 and
$5.00 for each additional $1,000 or
fraction thereof to and including
$20,000.00
$20,001.00 to $100,000.00
$150.S8 $165.00 for the first $20,000.00
and $5.00 for each additional $1,000 or
fraction thereof to and including
$100,000.00
$100,001.00 to $500,000.00
$`� $565.00 for the first
$100,000.00 and $4.00 for each additional
$1,000 or fraction thereof to and including
$500,000
$500,001.00 and up
$?158-88 $2165.00 for the first
$500,000.00 and $3.00 for each additional
$1,000 or fraction thereof
The total valuation for assessment of permit fees for new
r-esiden�ial eensti%etiefg. structures shall be based on the latest valuation data published
by the Sauthefn guildifig Gede GeagFess. International Code Council (I.C.C1
When s.,_..,.. eJ ,.: ;eat,. Ela nethe pefff4t fee,, For
e
construction work not addressed in the latest valuation data >t ublished by the I.C.C..
such valuation shall be based upon the actual construction contract price, with
satisfactory evidence of same being submitted to the building official, or a
construction cost estimate made by the building official, except as otherwise provided
in this section.
(B) Plan checking fee. Zn addition to any ,fee or fees charged in subsection (a) above:
When the valuation of the proposed construction exceeds $1,000.00 and a plans
and/or specifications are is required to be submitted, a plan checking fee shall be
paid at the time the permit is issued.
The plan checking fee shall be equal to %Z (one-half) the building permit fee. Such
plan checking fee shall be in addition to the building permit fee.
When the valuation of the proposed construction exceeds $500,001.00, a non-
refundable plan review deposit shall be paid at the time of permit application
submittal. Such deposit may not exceed the anticipated plan review fee.
When a dispute exists in the review of the plans and specifications for construction, the
applicant may request a bearinp, before the construction board of adjustment.
i.e.. the Seuthem Building Code Gengfess Lntematienal, !Fie. plan r-eview seniee, a
a
rc ic-�r
(C) In addition to anv fee or fees charged in subsections A and B. a fee set forth below shall
be paid at the time the permit is issued. Note: Re -roofing, remodeling. alterations. additions and
repairs permit fees shall be paid in accordance with subsections A and B only.
Plumbing, new, residential, per bathroom
$60.00
Plumbing, new, hotel/motel, per unit
$60.00
Plumbina. new_ commercial. 12er bathroom
$60.00
Sewer tap inspection fee
$60.00
Electrical, new, single family
$100.00
Electrical, new, multi -family, per unit
$75.00
Electrical, new, hotel/motel, per unit
$60.00
Electrical, new. commercial. per unit
$60.00
Mechanical, new, residential, per unit
$75.00
Mechanical, new, hoteUmotel, per unit
$50.00
Mechanical. new, commercial_ er sstem
$50.00
Well, deep or shallow
$50.00
Moving of building
$150.00
Demolition of building
$100.00
(D) Other fees:
Fire alarm permit
Per valuation table "A"
plus Fire Department
fee calculation
Firesprinkler permit
Per valuation table "A"
plus Fire Department
fee calculation
Preliminary review of construction plans
25,00 50.00 per hour
or portion thereof
Review an eons ..,,etion plan revisions shall b e4i-a gee
$25.00 per 1/2 hour
.......... Permit Revision
Fee. Minimum '/2 hour charee.
Re-inspection fee - When extra inspection trips are
$25.00 $45.00
necessary due to partial inspections, wrong address,
second call on rejected or condemned work, additional
work done after inspection has been made, or work not
ready for inspection when called, a charge of $45.00 shall
be paid in advance for each additional inspection or at the
discretion of the building official on large projects prior
to issuance of a Certificate of Occupancy or Completion.
Certificate of Occupancy
$50.00
Work started prior to issuance of permit Peeble Pe
Double Permit Fee
Fee (rer S104. te (ref. building code adopted by
Chapter 82 of this code)
Special Inspection (after-hours. weekend, holiday.
$50 per hour
arranged 2 days in advance). Minimum 4 hour charge
for weekends and holidays
Final Inspection. Fine for failure to obtain a final
$100.00
approved inspection for a permit before it expires. No
further permits may be issued to anv contractor or permit
applicant with an outstanding fine or to any contractor
with an expired permit due to failure to obtain a final
inspection.
City of Cape Canaveral
Small permit cost analysis
Todd Morley, Building Official
January 9, 2009
In 2009, how much does it cost the City to complete a small permit with one
inspection? (i.e. $2,000 A/C change -out)?
Rates are approximate
2009
Time
(hrs.)
Rate
Ext.
Permit Tech intake (Q&A, completeness
review, log in
.25
$20/hr.
$5.00
Plans Examiner review _......._
50
$30
$15.00
Permit Tech processing (create permit,
verify insurance, licensing, notify
applicant)
.33
$20/hr.
$6.60
Permit purchase (Q&A, financial
transaction, subsequent reporting
.25
$20/hr.
$5.00
Inspection
1.0
$30
$30
Permit closing (log in, update)
.20
$30
$6.00
Office materials (paper, printer ink, etc
$2.00
Vehicle costs (per mile expense,
2 miles)
$.48.5x2
$0.97
Total w....ww....._.....................
70.57
Currently, for this permit we are charging $60.00
In 1998, how much did it cost the City to complete a small permit with one
inspection? (i.e. $2,000 A/C change -out)?
Rates are approximate
1998 ......m.— .................�w.w.ee�e
Time
Rate
Ext.
hrs.
Permit Tech intake (Q&A, completeness
.25
$13/hr.
$3.25
review, log in
Plans Examiner review
50
$19
$9.50
Permit Tech processing (create permit,
.33
$13/hr.
$4.29
verify insurance, licensing, notify
applicant)
Permit purchase (Q&A, financial
.25
$13/hr.
$3.25
transaction, subsequent reporting)
Inspection
1.0
$19
$19
Permit closing to in, update)
.20
$19
$3.80
Office materials (paper, printer ink, etc
$0.75
Vehicle costs (per mile expense,
$.28x2
$0.56
2 miles
Total
44.40
In 1998, how much did the City charge for this permit: $60.00
In eleven years, the approximate cost for the City to complete a small
permit has risen from $44.40 to $70.57. An increase of approximately
60%.
Subject: Summary of Senate Bill 360,
Department: Community Development Department
Summary: See attached Memorandum
Requested Council mmm�mm
q Action: Discussion item.
Action.
Financial � Impact: Unknowr�........_...._.mm,m .�
p at this time.
ITmmm
...
Attachments: o Supporting Documents Reviewed
DCA PowerPoint Summary of SB 360
.......................... .
Submitting Department Head: Barry Brown
Date: 7/28/09
Approved by City Manager:
Date: 1
City Council Action: [ J Approved as Recommended
[ J Disapproved mmmmmmmmmmmm
[ J Approved with Modifications
[ J Tabled to Time Certain
MEMORANDUM
Date: July 28, 2009
To: City Council
From: Barry Brown, Planning and Development Director
RE: Senate Bill 360
Senate Bill 360 was signed in law on June 1, 2009. In short, SB 360 removes state -
mandated transportation concurrency requirements in target areas designated as
Transportation Concurrency Exception Areas (TCEAs). The TCEA provisions of SB
360 became effective on July 8, 2009.
Under SB 360, a City with an average of 1,000 people per square mile and a minimum
population of 5,000 is considered a Dense Urban Land Area. A City that meets the
criteria of a Dense Urban Land Area is also a Transportation Concurrency Exception
Area (TCEA). Cape Canaveral meets the criteria of a Dense Urban Land Area and is
therefore also a Transportation Concurrency Exception Area (TCEA).
What does this mean? Designation as a TCEA gives local govemments two options:
1. A local government may continue to apply the transportation concurrency provisions
of its existing comprehensive plan and land development regulations in TCEAs if it
desires to do so;
or
2. It may opt to no longer comply with state -mandated transportation requirements in
TCEAs.
If a local government wishes to eliminate state -mandated transportation concurrency
requirements in TCEAs, the local govemment must amend its comprehensive plan and
land development regulations to delete such requirements. Until the local government
amends its comp plan and LDRs, existing transportation concurrency requirements
continue to apply in TCEAs.
After a TCEA becomes effective, the Department of Community Affairs no longer has
the authority to review comp plan amendments for compliance with state -mandated
transportation concurrency requirements. Also, within two years after a TCEA becomes
effective, the local government must amend its comp plan to include "land use and
transportation strategies to support and fund mobility within the exception area,
including alternative modes of transportation".
There is a great deal of confusion throughout the State surrounding the interpretation of
SB 360. This is due largely to the ambiguity of the language contained in the bill. The
confusion is evidenced by the various interpretation of the bill being offered not only by
local governments, private interests, and environmental groups, but also by the
Secretary of the Department of Community Affairs, Tom Pelham, and the bill's sponsor,
Senator, Mike Bennett.
Also, a lawsuit has been filed by eight local governments challenging the
constitutionality of SB 360. According to the Orange County Attorney, the lawsuit raises
some viable points and has at least an even chance of succeeding. If the lawsuit is
successful, it is likely that the Court would declare that the enactment of SB 360 violated
the Florida Constitution and enjoin the enforcement of the bill. Regardless of the
outcome of the lawsuit, word is that the Legislature may come back in their next regular
session or a special session and attempt to remedy the problems outlined in the lawsuit.
I have asked our Transportation Planner, Joe Roviaro of Luke Transportation and
Engineering Consultants, to think about the options in the bill and the ramifications to
our City. Some factors to consider include: Cape Canaveral is barrier island city that is
93% built out, the City is projected to have capacity on its roadways through 2020 with
little opportunity to increase capacity on A1A, and the greatest impact to our roadways
is likely to come from surrounding communities including the Port.
In addition, a mobility fee may replace the current transportation concurrency system.
The Legislature finds that Transportation Concurrency has not adequately addressed
the State's transportation needs and has determined that the State should consider
implementation of a Mobility Fee. SB 360 directs DCA and DOT to submit to the
Legislature by December 1, 2009, a report on their Mobility Study, recommended
legislation, and plan of implementation. The Legislature could enact a Mobility Fee
System to replace Transportation Concurrency in the 2010 Session.
Conclusion: At this time we do not have enough information to make a decision, we
don't understand what mobility planning will entail and we don't know the result of the
lawsuit. I recommend we keep our current transportation concurrency requirements as
we follow the evolution of the bill, its interpretation and lawsuit. Staff will keep Council
apprised of the situation as it unfolds.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST THOMAS G- PELHAM
Governor Secretary
NOTICE TO LOCAL GOVERNMENTS OF
TRANSPORTATION PLANNING OPTIONS UNDER
SENATE BILL 360 FOR TCEAs IN DENSE URBAN LAND AREAS
The Department is providing this Notice to local governments in which transportation
concurrency exception areas (TCEAs) designated pursuant to Senate Bill 360 are located. This
Notice advises these local governments of the planning options and requirements applicable to
TCEAs under Senate Bill 360.
Dense Urban Land Areas and TCEAs
Senate Bill 360 designates TCEAs in local governments qualifying as Dense Urban Land Areas.
The list of local governments qualifying as Dense Urban Land Areas is posted on the
Department's website. The list contains both cities and counties. Each of the cities on the list is
a TCEA pursuant to Senate Bill 360. In each of the eight counties on the list, the non -rural area
of a county which has adopted into the county charter a rural area designation or areas identified
in the comprehensive plan as urban service areas or urban growth boundaries on or before July 1,
2009, are TCEAs under Senate Bill (SB) 360. with two exceptions. The two exceptions are
Miami -Dade County in its entirety and designated transportation concurrency districts in
Broward County. (See SB 360, Section 4, ss.I 63.3180(5)(b)5. and 6.).
Effective Date of TCEA Provisions of SB 360
The effective date is July 8. 2009, the day on which the Department posted on its website the list
of cities and counties which qualify as Dense Urban Land Areas under SB 360.
Pursuant to SB 360, the Legislature's Office of Economic and Demographic Research
determined which local governments meet the total population and density criteria necessary for
designation as Dense Urban Land Areas and submitted the list to the Department on July 1,
2009.
Interpretation of the State's Growth Management Legislation
The Department of Community Affairs is the state agency responsible for the administration of
the state's Growth Management Act, Chapter 163, Part II, Florida Statutes, as amended by SB
360. Therefore, under Florida taw, the Department has the authority and primary responsibility
to interpret these growth management statutes. Also, under Florida law, the Department's
interpretation of Chapter 163, Part II, Florida Statutes, as amended by SB 360, will be given
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100
850-488-8466 (p) • 850-921-0781 (f) ♦ Website www.dca.slale flus
COMMUNITY PLANNING 850-488-2a%(D) 860488-3309(l) • FLORIDA COMMUNITIES TRUST 850,922-2207(p) 850-921-1747(o 4
• HOUSING AND COMMUNITY DEVELOPMENT 850-488-7058(p) 850-t)22-5a25(f)
great weight by the courts and will not be overturned unless the interpretation is clearly
erroneous.
The Department's interpretation must give effect to legislative intent as reflected in the language
of Chapter 163, Part )I, as a whole. It is not permissible to interpret one provision in SB 360 in
isolation from the other provisions of the bill or to interpret SB 360 In isolation from the other
provisions of Chapter 163, Part II, The interpretation of SB 360 must take into consideration all
of the provisions of Chapter 163, Part II, as amended.
The Department's Interpretation of the TCEA-Related Provisions of SB 360
SB 360 removes state -mandated transportation concurrency requirements in targeted areas
designated as TCEAs. Local governments are no longer required to comply with state -mandated
transportation requirements in TCEAs, but state -mandated transportation concurrency
requirements still apply in other areas.
Local governments may continue to apply their existing, previously state -mandated
transportation concurrency requirements in TCEAs, if they chose to do so. SB 360 contains no
language preempting the area of transportation concurrency or prohibiting local governments
from adopting regulations that are stricter than state requirements. On the contrary, SB 360
expressly provides:
"The designation of a transportation concurrency exception
area does not limit a local government's home rule power
to adopt ordinances or impose fees."
Existing local comprehensive plans were adopted by local ordinance and are within the statutory
powers of local governments to adopt pursuant to Chapters 125, 163, and 166, Florida Statutes.
Thus, by virtue of the above -quoted home rule provision, SB 360 does not prohibit a local
government from continuing to apply, as local law, the transportation concurrency provisions of
its existing local comprehensive plan and land development regulations in TCEAs if it desires to
do so.
Some have suggested that a local government must readopt its existing transportation
concurrency provisions in TCEAs if it wishes to retain them. It makes no sense to require local
governments to readopt existing valid local laws, and SB 360 contains no such requirement.
Moreover, prohibiting local governments from applying validly adopted local ordinances would
be a limitation on their home rule power, contrary to the express language of SB 360.
If a local government wishes to eliminate state -mandated transportation concurrency
requirements in TCEAs, the local government must amend its existing local comprehensive plan
and land development regulations to delete such requirements or to adopt alternative
requirements. Until the local government amends its comprehensive plan, existing transportation
concurrency requirements continue to apply in TCEAs.
2
This interpretation is supported by the fact that SB 360 does not alter the legal status of local
comprehensive plans under Chapter 163, Part I1, Florida Statutes. Chapter 163 requires local
governments to adopt a local plan, requires that local land development regulations and
development orders be consistent with the adopted local plan, and provides the exclusive method
of amending adopted local plans. SB 360 does not change any of these requirements and does
not state that the bill is intended to amend, override, repeal, or supersede in any way existing
local comprehensive plans.
Potential Problems Arising From Failure to Amend Local Plans
A local government that decides not to apply its existing transportation concurrency
requirements without amending the local plan to delete those requirements is likely to encounter
the following problems.
1. Local development orders will be subject to challenge for inconsistency with the
transportation concurrency requirements in the local plan.
2. Future local comprehensive plan amendments may be found not in compliance because
of internal inconsistency with the transportation concurrency provisions in the local plan.
3. There is likely to be confusion and controversy among the general public and affected
landowners and developers as to which local plan provisions relating to transportation, if
any, are still being enforced by the local government.
New State -Mandated Mobility Plan;ninp, Requirements for TCEAs
SB 360 imposes new local planning requirements for TCEAs designated pursuant to the bill.
Within two years after a TCEA becomes effective, the local government must amend its local
comprehensive plan to include "land use and transportation strategies to support and fund
mobility within the exception area, including alternative modes of transportation."
Failure to comply with this mandate may result in the imposition of sanctions against the
defaulting local government. SB 360 directs the Department to report a defaulting local
government to the Administration Commission (Governor and Cabinet) if the Department finds
"insufficient cause" for the failure to timely adopt the new mobility strategies. The
Administration Commission may impose sanctions.
Local Transportation Planning Options In TCEAs
Under SB 360, local goverrunents in Dense Urban Land Areas have the following options
regarding transportation concurrency in TCEAs:
1. Retain and continue to apply the transportation concurrency provisions in existing local
comprehensive plans and land development regulations.
3
2. Amend the existing local comprehensive plan and local land development regulations to
delete or modify transportation concurrency requirements for a TCEA or adopt
alternatives to transportation concurrency.
In addition, of course, these local governments MUST amend their local comprehensive plans to
include new mobility planning requirements for the TCEA within two years.
DCA Review Of Plan Amendments In TCEAs
After a TCEA becomes effective, the Department no longer has the authority to review plan
amendments in the TCEA for compliance with state -mandated transportation concurrency
requirements, including the achieve and maintain standard.
The Department will continue to review plan amendments in TCEAs for compliance with all
other state -mandated planning requirements in Chapter 163, Part II, Florida Statutes, and Chapter
9J-5, Florida Administrative Code, including other transportation planning requirements and
internal consistency.
C!
IMPLEMENTING SB 360
Secretary Tom Pelham
June 23, 2009
I. ELIMINATION OF STATE TRANSPORTATION
CONCURRENCY AND DRI REQUIRMENTS IN
DESIGNATED AREAS
A. Defines Dense Urban Land Areas
B. Eliminates State -mandated Transportation
Concurrency requirements in Designated
Transportation Concurrency Exception Areas
(TCEA's) in Dense Urban Land Areas
I. (Continued)
C. State -mandated concurrency requirements
continue to apply in all other areas of the
State
D. Eliminates the DRI review process in TCEA's
3
II, WHAT IS A DENSE URBAN LAND AREA?
A. A Municipality with an average of 1,000 people
per square mile of land area and a population of
at least 5,000; or
B. A County, including its Municipalities, that has
an average of 1,000 people per square mile of
land area; or
C. A County, including its Municipalities, with a
population of at least 1 million
a
Ili. TCEA's IN CITIES
A. A City that qualifies as a Dense Urban Land Area
isaTCEA
B. Cities that are not Dense Urban Land Areas may
designate in their local Comprehensive Plans the
following areas as TCEA's:
1) Urban Infill Area (s. 163.3164)
2) Community Redevelopment Area (s. 163.3140)
3) Downtown Revitalization Area (s. 163.3164)
4) Urban Infill and Redevelopment Area (s. 163.2517)
5) Urban Service Area (s. 163.3164) or
Urban Service Boundary (s. 163.1377(14))
iD�.parnnt mf�ra�ui
IV. TCEA's in COUNTIES
A. An Urban Service Area in a County that is a
Dense Urban Land Area is a TCEA if it:
1) Qualifies under the statutory definition in
s. 163.3164(29), and
2) Is adopted into the Local Comprehensive Plan
B. A County, including the Municipalities located
in it, which has a population of at least 900,000
and has no Urban Service Area designation in
the Local Comprehensive Plan
6
IV. (continued)
C. Dade County Exemption —TCEA does not apply
in any County that had exempted more than
40 Percent of the area inside the Urban Service
Area from Transportation Concurrency for
Urban Infill
D. Broward County Exemption — TCEA does not
apply to Transportation Concurrency Districts
located in a County of at least 1.5 Million that
uses a Concurrency Assessment to support
alternative modes of travel
IV. (continued)
E. Counties that are not Dense Urban Land Areas
may designate in their Local Comprehensive
Plans the following areas as TCEA's:
1) Urban Infill Area (s. 163.3164)
2) Urban Infill and Redevelopment Area (s. 163.3164)
3) Urban Service Area (s. 163.3164)
Department of CommunityA��` !�
V. WHAT DOES URBAN SERVICE AREA MEAN
UNDER s. 163.3164?
A. A Built-up Area
B. Where public facilities and services are already
in place or are committed in the first 3 years of
the Capital Improvement Schedule
C. Also, for Counties that qualify as a Dense Urban
Land Area, Urban Service Areas or Urban
Growth Boundaries identified in the
Comprehensive Plan on or before July 1, 2009,
or the non -rural area of a County if the County
has adopted into its charter a Rural Area
designation (Seminole County)
9
VI. WHAT DOES "`BUILT-UP" AREA MEAN?
A. Under Florida law, because there is no
statutory definition, the common everyday
meaning or dictionary definition will be used
B. Numerous dictionaries define the term as
areas densely covered by, or full of, houses
and other buildings, with little open space
Department of Cb,
Vil, WHAT DOES "PUBLIC FACILITIES" MEAN .7
"Major capital improvements, including, but not
limited to, transportation, sanitary sewer, solid
waste, drainage, potable water, educational,
parks and recreational, and health systems and
facilities, and spoil disposal sites for maintenance
dredging located in the intracoastal waterways
except for spoil disposal sites owned or used by
ports listed in s. 401.021(9)(b)."
Section 163.3164(24), F.S.
VIII. WHAT DOES "SERVICES' MEAN?
"The program and employees determined
necessary by local government to provide
adequate operation and maintenance of
public facilities and infrastructure as well as
those educational, health care, social and
other programs necessary to support the
programs, public facilities, and infrastructure
set out in the local plan or required by local,
state, or federal law."
Rule 9J -S.003(117), F.A.C.
11
/il' " i12
J1 I
IX. WHAT DOES "COMMITTED IN THE FIRST 3
YEARS OF CIS" MEAN.?
The facility is included in the first 3 years of the
Capital Improvement Schedule (CIS) and there are
or will be sufficient revenues available from
currently committed funding sources to fund the
costs of the facility.
13
M
In
X. COMPREHENSIVE PLAN AMENDMENTS TO
DESIGNATE AN URBAN SERVICE AREA AS A
TCEA
A. The Local Government may use the Alternative
State Review Process
B. Exempt from Twice -a -Year Limitation on Pian
Amendments
-wbe. .
�partment n6 Cnmm_uniiy A r� ��
XI. STATE -MANDATED MOBILITY PLANNING
FOR TCEA's
A. Within two years, a Local Government must
adopt into its Comprehensive Pian Land Use
and Transportation Strategies to support and
fund mobility in the TCEA
B. The Strategies must include alternative
modes of transportation
Department of Communis
XI, (continued)
C. Local Governments are encouraged to
adopt complementary Strategies that
reflect the Region's Vision for its future
D. Failure to timely adopt the Strategies may
result in impositions of sanctions by the
Administration Commission
Department of Community
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XII. RELATIONSHIP TO HB 697's LOCAL
PLANNING REQUIREMENTS
A. HB 697 (2008) amended Ch. 163, F.S., to
establish new Local Planning Requirements
B. Future Land Use Element — based on data and
studies that demonstrate:
1) Discouragement of Urban Sprawl
2) Energy efficient land use patterns that account for existing
and future electric power generation and transmission
systems
3) Greenhouse gas reduction strategies
4) The FLUM must be amended to depict Energy Conservation
Areas
17
XII. (continued)
C. Traffic Circulation/Transportation Elements —
must be amended to incorporate transportation
strategies to reduce GHG emissions.
D. Conservation Element — must address "factors
that affect energy conservation."
E. Housing Element — amend to include standards,
plan, and principles to be followed in:
1) "energy efficiency in the design -and construction of
new housing"
2) "use of renewable energy resources"
is
XIII, THE MOBILITY FEE AS A REPLACEMENT
FOR TRANSPORTATION CONCURRENCY
A. The Legislature finds that Transportation
Concurrency has not adequately addressed
the State's transportation needs
B. The Legislature determines that the State
should consider implementation of a Mobility
Fee
XI11. (continued)
C. SB 360 directs DCA and DOT to submit to the
Legislature by December 1, 2009, a report on
their Mobility Fee Study, recommended
legislation, and plan of implementation
D. The Legislature could enact a Mobility Fee
System to replace Transportation
Concurrency in the 2010 Session
19
20
XIV. DRI EXEMPTIONS FOR TCEA's
A. Development in a designated TCEA is exempt
from the DRI process
B. This exemption does not apply to areas within
an Area of Critical State Concern, the Wekiva
Study Area, or within two miles of the
Everglades Restoration Area
C. A development located partially outside a
TCEA is subject to DRI review
D. Previously approved DRI Development Orders
may continue to be effective, but developer
may opt to be governed by s. 380.115(1)
21
XIV. (continued)
E. Pending DRI applications shall be governed by
s. 380.115(2)
F. DCA may appeal a Local Development Order
for a project larger than 120% of any
applicable DRI threshold if it would have
required DRI review but for the TCEA
exemption
G. The DCA appeal must be based on
inconsistency with the Local Comprehensive
Plan
22
XV. WHEN DO TCEA PROVISIONS OF SB 360
BECOME EFFECTIVE?
A. 5B 360 was signed into law by Governor Crist
on June 1, 2009
B. The Legislature's Office of Economic and
Demographic Research must determine
which local governments qualify as Dense
Urban Land Areas and subm-it the list to DCA
by July 1, 2009, and every year thereafter
23
XV. (Continued)
C. The designation of Dense Urban Land Areas
becomes effective upon publication on
DCA's website within 7 days of the agency's
receipt of the list
D. Official designation of Dense Urban Land
Areas effectuates TCEA provisions
X111. WHAT ARE THE PLANNING REQUIREMENTS
FOR TCEWs CREATED UNDER SB 360?
A. SB 360 only removes State -mandated
Transportation Concurrency and DRi
regulations in TCEA's
B. SB 360 expressly does not limit a Local
Government's Home Rule Power to adopt
ordinances and fees
"The designation of a transportation concurrency
exception area does not limit a local government's
home rule power to adopt ordinances or impose fees."
XVI. (continued)
C. Existing Local Comprehensive Plans were
adopted by ordinance and are within the .power
of Local Governments to adopt pursuant to
Chapters 125 or 166, F.S.
D. SB 360 does not alter the legal status of Local
Comprehensive Plans or the Consistency
Requirement
E. Chapter 163, Part if, is a minimum criteria
statute; Local Governments may adopt stricter
regulations
26
XVI. (continued)
F. Local Governments must amend their
Comprehensive Plans in order to abolish or
revise existing Transportation Concurrency
provisions as a matter of local law or to adopt
other approaches _
G. Until a Local Government effectively amends
its Comprehensive Plan, existing
Transportation Concurrency provisions
continue to apply in TCEA's as a matter of
local law
Department of Communi A
27
XVI. (continued)
H. DCA will no longer review Plan Amendments in
TCEA's for compliance with State -mandated
Transportation Concurrency requirements,
including the Achieve and Maintain Standard
I. DCA will review Plan Amendments in TCEA's
for compliance with all Non -Transportation
Concurrency planning requirements
XVI. (continued)
J. Local Governments also have the Home Rule
Power to adopt other requirements or
approaches such as Impact or Mobility Fees
and adequate Public Facilities requirements
K. However, Local Governments must comply
with new mobility planning requirements for a
TCEA within two years
L. Compliance with new mobility planning
requirements will require revision of locally
retained Transportation Concurrency
requirements
29
■�' I'';' �r91i9' ��r//)ii,
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XV11. OPTIONS FOR LOCAL GOVERNMENTS
A. Retain existing local plan Transportation
Concurrency provisions
B. Amend local plan to abolish Transportation
Concurrency
C. Amend local plan to modify Transportation
Concurrency
D. Amend local plan to address SB 360/HB 697
mobility planning requirements and
transportation planning requirements
E. START NOW—YOU HAVE TWO YEARS
Department of Community A