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HomeMy WebLinkAboutPacket 06-21-2005 Regularty of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 1 I1 Polk Avenue, Cape Canaveral, Florida TUESDAY June 21,2005 7:OO PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 7, 2005. CONSIDERATIONS: 2. Motion to Approve: Interlocal Agreement with Brevard County Providing for the Participation in the Emergency Medical Services Facilities Impact Fee Program. 3. Motion to Approve: Preliminary Re-Plat of Casa Bonita, 103 Washington Avenue - Nancy Murray, Property Owner. 4. Motion to Approve: Canceling or Rescheduling the July 5, 2005 Regular City Council Meeting. ORDINANCES: Second Reading: 5. Motion to Adopt: Ordinance No. 11-2005; Amending Chapter 110, Providing for Revised and Additional Application and Procedural Requirements for 105 Polk Avenue Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 SUNCOM: 982-1220 FAX: (321) 868-1248 www.myflorida.com/cape e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral Nancy Murray 8408 Clarks Branch Drive Raleigh, NC 27613 RE: Casa Bonita Preliminary Re -Plat, 103 Washington Avenue — Nancy Murray, Property Owner. Dear Ms. Murray: The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary Re -plat at their meeting held on June 21, 2005. • Based on the Preliminary Re -plat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Casa Bonita, 103 Washington Avenue. In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk C: City Manager Building Official City Attorney 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com -R r O n (UU9 yyeu g . • ' os a ervi - TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For de ivery Information visit our website at www.usps.com FtaIiktiel7 11AL USE Postage Certified Fee Retum Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ tit 37 $2.30 i 7C $4.42 0280 17 Postmark Here 06/27/200` Sent To Nancy Murray Street, Apt. No.; or PO Box No. 8408 Clarks Branch Dr. City, State, zrP+41taTeigh, NC276I3 ;edified Mail Provides: • A mailing receipt • A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years mportant Reminders: • Certified Mail may ONLY be combined with First -Class Mail® or Priority Maila Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt may be requested to provide proof o1 delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver foi a duplicate return receipt, a USPS® postmark on your Certified Mail receipt ie required. • For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with tht endorsement "Restricted-DDelivery". • If a postmark on the Certified Mail receipt is desired, please present the arti cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. nternet access to delivery information is not available on mail addressed to APOs and FPOs. .� (evened) eooz eunf''Oon WJod Sc City of Cape Canaveral Nancy Murray 8408 Clarks Branch Drive Raleigh, NC 27613 RE: Casa Bonita Preliminary Re -Plat, 103 Washington Avenue — Nancy Murray, Property Owner. Dear Ms. Murray: The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary Re -plat at their meeting held on June 21, 2005. • Based on the Preliminary Re -plat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Casa Bonita, 103 Washington Avenue. In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk C: City Manager Building Official City Attorney 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com TM r ] 1 ] Retum Reciept Fee (Endorsement Required) CER ;1FIED MAILTM RECEIPT (Dom - •tic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com I k. N27 • Postage Certified Fee ] Restricted Delivery Fee D (Endorsement Required) a r ] ] Total Postage & Fees IAL USE $ IA 17 $2.30 $1.75 $0.00 $ $4.42 0280 17 Poebnark Here 06/27/2005 Sent To Nancy Murray Street, Apt. No.; or PO Box No. 8408 Clarks Branch Dr. City, State, zIP+4RaTeigh, NC- "276I3 ;edified Mail Provides: • A mailing receipt • A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years rnportant Reminders: Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail, Certified Mail is not available for any class of international mail. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt may be requested to provide proof o delivery. To obtain Return Receipt service, please complete and attach a Retun Receipt (PS Form 3811) to the article and add applicable postage to cover thi fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver fo a duplicate return receipt, a USPSe postmark on your Certified Mail receipt i; required. For an additional fee, delivery may be restricted to the addressee c addressee's authorized agent. Advise the clerk or mark the mailpiece with thi endorsement "Restricted Delivery". • If a postmark on the Certified Mail receipt is desired, please present the arti cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. nternet access to delivery information is not available on mail addressed to APOs and FPOs. (esJeneH) Z00Z el"f '008C wiorI S. City of Cape Canaveral une 23, 2005 Nancy Murray 8408 Clarks Branch Drive Raleigh, NC 27613 RE: Casa Bonita Preliminary Re -Plat, 103 Washington Avenue — Nancy Murray, Property Owner. Dear Ms. Murray: The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary Re -plat at their meeting held on June 21, 2005. • Based on the Preliminary Re -plat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Casa Bonita, 103 Washington Avenue. In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk C: City Manager Building Official City Attorney 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 SUNCOM: 982-1220 • FAX (321) 868-1248 ' wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com • TM CER ;1FIED MAILTM RECEIPT (Dom -tic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com;, Postage Certified Fee Retum Reclept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 17 L U E $2.30 $1.75 $0. C'fi $4.42 0280 17 Postmark Here 06/27/2005 Sent To Nancy Murray Street, Apt. No.; or PO Box No. 8408 Clarks Branch Dr. City, state, ZIP+4RaTeigii, NC 27613 ;ertified Mail Provides: • A mailing receipt ▪ A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years mportant Reminders: • Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail, • Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt may be requested to provide proof o delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover thr fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver foi a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with thi endorsement "Restricted Delivery". • If a postmark on the Certified Mail receipt is desired, please present the arti cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. nternet access to delivery information is not available on mail Iddressed to APOs and FPOs. (evened) ZOOZ eL1r '008£ wJoSc of Cape Canaveral, Florida City Council Regular Meeting June 21,2005 Rezonings, Variances, Making Conformity Amet Special idments Exceptions, and Administrative to Chapter 58, at second reading. Appeals, ORDINANCES: First Reading: 6. Motion to Approve: Ordinance No. 07-2005; Setting Forth and Adopting a Large Scale Comprehensive Plan Amendment, Referenced as Ls-Cpa-05- 01, Providing for Adoption of an Amendment to the Future Land Use Map by Designating Certain Real Property within the City of Cape Canaveral Containing 5.38 Gross Acres More or Less, and Located Generally along North Atlantic Avenue South of Cape Shores Drive and North Of Holman Road, more Particularly and Legally Described herein in Exhibits “A and “B,” Attached Hereto and Fully Incorporated herein by this Reference, from “C-I Low Density Commercial” to “R-2 Medium Density Residential” or “R-3 Medium Density Residential”; Providing an Effective Date and Legal Status of the Plan Amendment; Providing for Transmittal of the Plan to the Department of Community Affairs, at first reading. 7. Motion to Approve: Ordinance No. 10-2005; Setting Forth and Adopting a Large Scale Comprehensive Plan Text Amendment, Which Shall Amend the Comprehensive Plan Relevant to the Coastal Management Element to Require Florida Department of Environmental Protection Approval for New Development East of the Coastal Construction Control Line; Providing for Transmittal of the Plan to the Department Of Community Affairs, at first reading. 8. Motion to Approve: Ordinance No. 12-2005; Amending Chapter 82 of the City Code Entitled Buildings and Building Regulations, Relating to the Florida Building Code; Providing for Updates due to Amendments to the Florida Building Code, at first reading. DISCUSSION: 9. Amending Code Section 50-4 Camping Prohibited. 1 0. Setback Encroachment for Pad Mounted Emergency Generators. 11. Florida Power and Light Proposal to Install an Underground Feeder Tie. REPORTS: 1. City Manager 2. Staff 3. City Council of Cape Canaveral, Florida Council Regular Meeting June 21,2005 AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the “Audience To Be Heard” section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 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 Clerks office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 11 1 Polk Avenue, Cape Canaveral, Florida TUESDAY June 7,2005 7:OO PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:OO P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Council Member Absent: Mayor Rocky Randels Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 17, 2005. 2. Resolution No. 2005-13; Appointing Two Regular Members as Alternate Members and Appointing Two Alternate Members as Regular Members to the Community Appearance Board (Connie Trautman, Randy Wasserman, Walter Bowman and Randall Camomilli). 3. Resolution No. 2005-16; Appointing an Alternate Member as a Regular Member to the Business and Cultural Development Board (John Anderson). 4. Resolution No. 2005-17; Appointing an Alternate Member to the Planning and Zoning Board (Shawn Schaffner). 5. Resolution No. 2005-18; Appointing a Regular Member to the Construction Board of Adjustment and Appeals (Harry Pearson). Mayor Pro Tem Hoog asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion. City of Cape Canaveral, Florida City Council Regular Meeting June 7,2005 Page 2 of 7 No request was made to remove any item for discussion. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Consent Agenda Items 1 through 5. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mr. Petsos, For. RESOLUTION: 6. Motion to Adopt: Resolution No. 2005-19; Electing A Successor Council Person In Order to Fill The Council Vacancy Created by the Resignation Of Council Member Steve Miller. Mayor Pro Tern Hoog explained that Mr. Miller accepted a position as Building Official with the City of Cocoa Beach. Mr. Miller did not think it in the City’s best interest to remain on the City Council due to his work schedule. Mayor Pro Tem Hoog reported that seven Letters of Interest were submitted to the City Clerk’s office by the appointed time. He reviewed the background on the proposed applicants: Mr. Burt Bruns, Mr. Leo Nicholas, Mr. Bruce Collins, Ms. C. Shannon Roberts, Mr. Craig Stewart, Mr. Hans Anderson and Mr. Steve Roney. Mayor Pro Tem Hoog read a letter from Mayor Randels in support of Mr. Bruce Collins. Attorney Garganese replied to Mr. Morgan that the Council had 31 days from the time of Mr. Milter’s resignation dated May 31“to make a decision. Mr. Petsos expressed that the Council had several high priority items on which they needed to move forward. Mayor Pro Tem Hoog stated that he narrowed his selection to Mr. Burt Bruns and Mr. Bruce Collins. Mr. Morgan expressed that Mr. Bruns and Mr. Collins were also his choices. Mr. Petsos said that both candidates were also his selection; however, he chose Mr. Bruns as his final choice due to his past level of experience. Attorney Garganese called on Mr. Bruns and performed the Oath of Office to City Council. A motion was made by Mr. Petsos and seconded by Mr. Morgan Mr. To Approve Resolution No. 2005-19 to Elect Burt Bruns as the Successor Council Person in Order to Fill the Council Vacancy Created by the Resignation of Council Member Steve Miller. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mr. Petsos, For. CONS1 D E RATIONS : 7. Motion to Approve: Annual Audit for the Year Ending September 30,2004. Mr. Ed Beck, Managing Partner from Bray, Beck and Koetter, Inc. introduced his staff Ms. Jennifer Cashwell and Ms. Yvonne Clayborough. Ms. Clayborough opened the presentation. She stated that the financial statements are presented according to the new reporting model under Governmental Accounting Standards Board 34. She summarized City of Cape Canaveral, Florida City Council Regular Meeting June 7,2005 Page 3 of 7 that the Management‘s Discussion and Analysis Letter that the City Manager provides presented the best summary of the City’s financial activities. Ms. Clayborough reported no instances of non-compliance with the laws, rules and regulations and no material weaknesses. She noted one comment in the building permit fee calculations; however, the Building Official addressed this through updated policies and procedures. She noted that the changes to Florida Statutes as of July 1, 2004 produced a decline in Fine and Forfeiture Receipts at closer to 30 percent instead of the anticipated 10 percent decline. Ms. Clayborough encouraged discussion between the City and County in order to address this issue. Ms. Clayborough stated that the City is working to develop a Fund Balance Policy in order to provide cash flow and provide a revenue stream in light of catastrophic events. This is occurring throughout the State. Ms. Clayborough displayed a graph to reflect the funds in the Unreserved Fund Balance and Retained Earnings. She affirmed to Mr. Bruns that these are unencumbered funds. She reported that the City’s only long-term debt was a fire truck lease. She informed that debt service was well below threshold at $12.00 per person versus the State average of $404 per person for municipalities of comparable size. Ms. Clayborough stated that the City was at a leveraging point in borrowing capacity. She replied to Mr. Morgan that the Auditor General would consider 5 percent an acceptable rate of debt. She concluded with a positive report of an increased tax base. Mr. Boucher responded to Mr. Petsos that the amount of reserve to pay for facilities is the present topic of concern. He encouraged the Council to inquire about the City’s level of allowable debt. Ms. Clayborough reported that the City’s Sewer Fund earned revenue this year. Mr. Morgan inquired about some of the City’s options to fund its facilities planning. Ms. Clayborough replied that a Revolving Loan is a viable source and also encouraged the Council to consider its borrowing capacity. She said that if expansion plans are on the City’s horizon, then now is time to make a purchase. Ms. Clayborough explained that the City’s land purchasing options are diminishing. She stated that 5 percent would cover principal and interest on a loan. Mr. Leo Nicholas inquired about repeated comments from previous years. Ms. Clayborough explained that the implementation of the new Building Department procedures overlapped in the November audit and made those comments unnecessary. Ms. Shannon Roberts inquired about the proportion of County revenue related to other municipalities. Ms. Clayborough replied that Cape Canaveral, as well as other cities, receives a disproportionate revenue return. Mr. Petsos requested to see further information on this inquiry. Mr. Boucher noted that this was a landmark year due to the hurricanes and the first year in using the GASB 34 reporting format. He reported that the General Fund Unreserved Balance was over $1.3 million. City Council members commended staff and the Auditors for the City’s financial stability. Ms. Clayborough reported on how the City Manager and the City Treasurer worked diligently to recover funds subsequent to the hurricanes. City of Cape Canaveral, Florida City Council Regular Meeting June 7,2005 Page 4 of 7 A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Annual Audit for the Year Ending September 30,2004. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mr. Petsos, For. 8. Motion to Approve: Quarterly Treasurer’s Report and Budget Transfers for the Period Ending March 31,2005. Mr. Boucher noted that the City Treasurer effectively provided a description of all budget changes. Mr. Petsos noted that through the first quarter 10 percent of Fines and Forfeitures was collected. Mr. Boucher replied that he and the Precinct Commander would collaborate to address this issue. He reported that capital projects are underway and the City is progressing within its financial boundaries. Mr. Boucher reported on a 35 percent increase in the City’s taxable value for a total taxable property value of over $1 billion. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Quarterly Treasurer’s Report and Budget Transfers for the Period Ending March 31, 2005. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For and Mr. Petsos, For. 9. Motion to Approve: Request for State and Federal Transportation Project Funding. Mr. Boucher reviewed the proposed 2005 State and Federal Funding Highway Projects list: 1) Reconfigure alignment of intersection at State Road AIA, International Drive and N. Atlantic Avenue (Old State 401); 2) Construct a pedestrian overpass at State Road AIA and Columbia Drive; 3) Install a traffic signal with pedestrian features at State Road AIA and Columbia Drive; 4) Install an overhead boom/mast arm signal at four locations on State Road AIA; 5) Develop a Street Lighting Plan and Implementation on State Road AIA; 6) Synchronize traffic lights with emergency signal on State Road AIA and Jackson Avenue and 7) Design and construct an urban roadway profile for State Road AIA. Mayor Pro Tem Hoog expressed the need for the pedestrian overpass at State Road AIA and Columbia Avenue. Mr. Petsos suggested inviting Legislative Delegation representatives to physically view the site. Mr. Boucher reported that the School Crossing Guards were removed from that site due to the school bus program. Discussion continued on the area’s hazard potential. Mr. Boucher reported on an upcoming Public Meeting on the State Road 528 six-lane configuration. The City Manager and the Public Works Director will attend the meeting. Mr. Petsos remarked on flooding in the Traxx at Jungle Village and Race Track Gas Station area. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve the Request for State and Federal Transportation Project Funding. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For and City of Cape Canaveral, Florida City Council Regular Meeting June 7,2005 Page 5 of 7 ORDINANCES: First Reading: 10. Motion to Approve: Ordinance No. 11-2005; Amending Chapter 110, Providing for Revised and Additional Application and Procedural Requirements for Rezonings, Variances, Special Exceptions, and Administrative Appeals, Making Conformity Amendments to Chapter 58, at first reading. Attorney Garganese read Ordinance No. 1 1-2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONINGS, OF THE CODE OF ORDINANCES; PROVIDING FOR REVISED AND ADDITIONAL APPLICATION AND PROCEDURAL REQUIREMENTS FOR REZONINGS, VARIANCES, SPECIAL EXCEPTIONS, AND ADMINISTRATIVE APPEALS; MAKING CONFORMING AMENDMENTS TO CHAPTER 58, PLANNING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese explained that this ordinance developed out of Code review on Chapter 110 regarding Zoning actions. He stated that an emphasis was made on objective criteria in this code section to establish a set of standards. Ms. Bea McNeely stated that the ordinance provides a checklist and further defines the role of the Planning and Zoning Board and the Board of Adjustment. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Ordinance No. 11 -2005 at First Reading. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mr. Petsos, For. REPORTS: 1. City Manager Mr. Boucher reported that the re-zoning on the Porter properties would include the City Council meeting Agenda on June 21". Mr. Boucher reported the he and the Mayor Pro Tem Hoog would attend a meeting in the City of Cocoa Beach regarding hurricane procedures for coastal communities. Mr. Boucher stated the need for a beachside comfort station to dispense water and ice. He expected to work with the City of Cocoa Beach for a 24 hour-7 day operation. He reported that he collaborated with Mid-Florida Freezer to preposition ice. This would avoid waiting for FEMA to deliver supplies. Mr. Boucher also reported that non-essential personnel and CERT volunteers would also take on a more active role in any recovery efforts. Mr. Boucher concluded his report stating that revenues have exceeded debt reflected in the $1 26 billion property value base. He reminded that revenues will increase with occupied units. City of Cape Canaveral, Florida City Council Regular Meeting June 7,2005 Page 6 of 7 2. Staff City Clerk a Ms. Stills welcomed Mr. Bruns back to the Council and informed that his Council Member materials were available in the City Clerk’s office. City Attorney a Attorney Garganese reported that Mr. Martin Greene signed the settlement agreement between the City and Mermaid Key which has been recorded with the County. Attorney Garganese also reported that he anticipated comments from the School Board representative on the School Board Interlocal Agreement for playground equipment. Attorney Garganese reported that the 1 Ith District Court of Appeals upheld the law on registered sex offenders. He related that the City of Oviedo extended the radius from a school for any sexual offender on probation or sexual predator from1,OOO feet radius required under State law to 2,500 feet. Mr. Petsos commended the Canaveral Precinct for its efforts at maintaining the status of registered sex offenders in the area. a a 3. City Council Mr. Bruns a Mr. Bruns thanked Council for the opportunity to serve and said that he would meet with the City Manager and City Clerk for an update and equipment. Mr. Petsos a a a a a Mr. Petsos requested that the City Manager contact the County Commissioner on funding to the City. Mr. Petsos inquired about the pipe on State Road AIA and asked if any further progress is imminent. The City Manager will ascertain the status. Mr. Petsos requested to receive the Audit Books earlier in the future. Mr. Petsos inquired if there were interest to review the City’s laws regarding sleeping in public places more specifically the beach. Mr. Petsos reported that he and Commissioner Tony Sasso of Cocoa Beach planned to make a presentation on gaming ship sewage dumping at the next Space Coast League of Cities dinner meeting in order to gain coastal community support. Mr. Morgan a No report. Mayor Pro Tern Hoog a Mayor Pro Tem Hoog reported that he attended a Water Supply Board Meeting. The most recent meeting addressed the desalination plant and water usage; however, environmental concerns were addressed desalination process. City of Cape Canaveral, Florida City Council Regular Meeting June 7,2005 Page 7 of 7 0 Mayor Pro Tem Hoog also reported that Ms. Marguerite Engels of the St. Johns River Water Management District promoted a think-two water usage, twice-per- day, twice-per-week for reuse water. He said that this concept lends itself to those who do not use reclaimed water. Mayor Pro Tem Hoog announced the Space Coast League of Cities dinner meeting on Monday, June 13*. He planned to address the Forfeitures at that time. Mayor Pro Tem Hoog also addressed the need for representation on the Brevard County Metropolitan Planning Organization. He recommended a shared seat with the City of Cocoa Beach. 0 0 AUDIENCE TO BE HEARD: 0 Mr. Leo Nicholas stated that he recollected a shared seat between the City and the Port on the Brevard Metropolitan Planning Organization. Mayor Pro Tem Hoog stated that Port has no public populace. Mr. Craig Stewart stated that transients lived in most of the City’s wooded areas; however city-wide cleanups caused their re-location. He expressed his agreement with an ordinance to address sleeping on the beach and encouraged the Council to proceed. Mr. Lynn Mars related how transients make the local female residents uncomfortable and he after his many efforts at clean up, he too promoted regulations on sleeping on the beach. Mr. Glenn Pettit, 320 Columbia Drive, related that Mr. Martin Greene expressed that the City Council agreed with the rezoning change for the Mermaid Key property. Mayor Pro Tem Hoog clarified that Mr. Greene came before the Council with a concept plan and the Council agreed that he could proceed with the plan. However, Mr. Greene still needed to adhere to the City’s rezoning procedures to include review with the Planning and Zoning Board. Mr. Roberts commented that Mr. Greene could have been fined up to $26,500; however, he was not. Mayor Pro Tem Hoog explained that the City preferred to be proactive in its regulation. He explained further that Mr. Greene did not knowingly commit a violation in an effort to remove pepper trees. Mr. Roberts expressed it a mistake on the City’s part to not attribute any punitive action damages to Mr. Greene. 0 0 0 ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:lO PM. Bob Hoog, MAYOR PRO TEM Susan Stills, CITY CLERK Meeting Date: 06-2 1-05 AGENDA Heading Considerations I [tern I 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: INTERLOCAL AGREEMENT WITH BREVARD COUNTY PROVIDING FOR THE PARTICIPATION IN THE EMERGENCY MEDICAL SERVICES FACILITIES IMPACT FEE PROGRAM DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of an interlocal agreement with Brevard County providing for the participation in the Emergency Medical Services Facilities Impact Fee Program with the effective date of 07-01-05, as requested by the Board of County Commissioners. Summary Explanation & Background: The impact fees collected will be utilized to support new facilities and equipment for the county ambulance program. I recommend approval. Exhibits Attached: Brevard County’s Letter of 06-06-05; Interlocal Agreement I Department LEGISLATIVE ~eeting\2005\06-21-05\ems.doc BREVAR~~ BOARD OF COUNTY COMMISSIONERS fl FLORIDA’S SPACE COAST OFFICE OF THE COUNTY MANAGER Brevard County Government Center, 2725 Judge Fran Jamieson Way, Bldg C, Viera, FL 32940 Telephone: (321) 633-2001 June 6,2005 Bennett Boucher, City Manager City of Cape Canaveral Post Office Box 326 Florida 32920-0326 er: In 2001, the Board of County Commissioners adopted an ordinance establishing the emergency medical services impact fee programs. The adopting ordinance contains a provision that make it effective in Brevard’s incorporated areas unless a city has adopted an impact fee ordinance for the same purpose. At the direction of the Board of County Commissioners, staff prepared a report evaluating municipal participation in these programs. The report revealed that the City of Cocoa Beach has not participated in this program as required by the ordinances. In order to make the fiscal burden of providing these countywide services more equitable, the Board of County Commissioners voted to require payment of emergency medical services impact fees on new development within the City of Cape Canaveral beginning July 1, 2005. I have enclosed a copy of an interlocal agreement for the EMS impact fee programs for the City of Cape Canaveral’s adoption. This interlocal agreement will, among other things, indemnify the City under certain circumstances and allow the City to participate in the development of funding recommendations regarding the use of the collected revenue. If you have questions about the Board of County Commissioners intent regarding the adoption of this policy, please call me at 633-2001. Thank you for your cooperation on this matter. Sincerely, n County Manager PAB:ss Enclosures cc: Board of County Commissioners PRINTED ON RECYCLED PAPER INTERLOCAL AGREEMENT BETWEEN BREVARD COUNTY, FLORIDA AND THE CITY OF CAPE CANAVERAL, FLORIDA PROVIDING FOR PARTICIPATION IN THE BREVARD COUNTY EMERGENCY MEDICAL SERVICES FACILITIES IMPACT FEE ORDINANCE This is an Agreement between: BREVARD COUNTY, FLORIDA, a charter county and political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as ”County,” and the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as “City”. WHEREAS, Chapter 71-550 and Chapter 71-556 of the Laws of Florida grant to the Board of County Commissioners of Brevard County, the power to grant exclusive franchises for the provision of ambulance services within the incorporated and unincorporated areas of Brevard County and authorize the Board of County Commissioners to acquire and maintain ambulances for this purpose; and WHEREAS, Brevard County, through the Brevard County FireIRescue Department, exclusively provides Advanced Life Support ambulance transportation (hereafter emergency medical services) to all properties within the City of Cape Canaveral; and WHEREAS, the Board of County Commissioners of Brevard County has determined that the Brevard County Firekescue Department must expand its emergency medical services system in order to maintain current emergency medical services level of service standards. WHEREAS, Brevard County has authorized and received an independently prepared study that analyzed the fiscal impacts of new development activity on the emergency medical services system and calculated the maximum impact fee that could be imposed on new development for emergency medical services facilities based on currently available data and analysis; and WHEREAS, the Florida Legislature, through enactment of Section 163.3202(3), Florida Statutes, has sought to encourage local governments to enact impact fees as land development regulations; and WHEREAS, the Board of County Commissioners has adopted Ordinance 01-21, the Brevard County Emergency Medical Services Facilities Impact Fee Ordinance, which has been incorporated into the Code of Ordinances of Brevard County, Florida as Chapter 62, Article V, Division 5, Sections 62-841 through 62-857, hereinafter referred to as “Ordinance”; and WHEREAS, the Ordinance applies to both the incorporated and unincorporated areas of Brevard County; and WHEREAS, it is necessary for the County and City to establish and clarify the duties, responsibilities and obligations of the respective parties in order to effectively administer the Ordinance. Page 1 of 10 NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, County and City agree as follows: Section 1: Incorporation of Recitals 1.1 The above recitals are true and correct and are incorporated herein by this reference. Section 2: Purpose 2.1 The purpose of this Agreement is to ensure that the Emergency Medical Services Facilities impact fees necessary for the adequate provision of emergency medical services facilities in the City of Cape Canaveral and Brevard County, Florida are imposed upon and collected from new residential development in the City in an equitable and fair manner, and are appropriated and expended in accordance with the Ordinance and applicable laws. Section 3: Obligations of the City 3.1 Impact Fee Notice: The City hereby agrees to notify each applicant for a building permit, that the applicant must obtain an emergency medical services facilities impact fee proof of payment receipt or a notice of exemption from emergency medical services facilities impact fees from the County for the property for which the permit is sought. The notice shall include the requirement that the building permit applicant is required to submit an impact fee application and pay the required impact fee to the Brevard County Development Cashier in Building A of the Brevard County Government Center at 2725 Judge Fran Jamieson Way in Viera prior to the issue of a certificate of occupancy by the City. The notice shall also inform the applicant that it is the applicant’s responsibility, if eligible, to immediately contact the Brevard County Land Development Office to claim an impact fee exemption and initiate the process for determining eligibility except as provided in Subsection 3.1.1, 3.1.1 The City Building Official is entitled to determine eligibility for those impact fee exemptions specified in Section 62-855(a)( 1) through 62-855(a)(5) of the Ordinance. This section of the ordinance exempts: (1) alteration or expansion of existing residences where no additional units are created; (2) construction of accessory buildings; (3) replacement of an existing residence that has been occupied at some time within the past 5 years with a residential unit of the same type; (4) construction of non-residential buildings or structures; and (5) construction of government owned buildings. 3.2 Impact Fee Collection: The City hereby agrees to reasonably assist and cooperate with the County in the collection of Emergency Medical Services Facilities Impact Fees within the jurisdiction of the City. In compliance with the Ordinance, the City agrees to require, as a condition precedent to the issuance of a building permit, presentation of a emergency medical services facilities impact fee proof of payment receipt or a notice of exemption from emergency medical services facilities impact fees from the County for the property for which the building permit will be issued. 3.2.1 Unless an emergency medical services facilities impact fee proof of payment receipt or a notice of exemption from emergency medical services facilities impact fees from the County has been presented by the building permit applicant, the City agrees not to issue a building permit for the development of any property Page 2 of 10 unless the building permit applicant provides written documentation from the County evidencing that an appeal has been filed with the County pursuant to the terms of the Ordinance and the building permit applicant has posted a bond or submitted an irrevocable letter of credit or other surety in the amount of the emergency medical services facilities impact fee calculated to be due, which bond, letter of credit, or other surety has been approved and accepted by the County. 3.3 Impact Fee Advisory Committee: In order to facilitate input from the City with regard to the appropriation of emergency medical services facilities impact fees collected within its jurisdiction towards the development of new or expanded emergency medical services improvement projects, the County agrees to convene an Emergency Medical Services Facilities Impact Fee Advisory Committee for each Benefit District in which the lands under its jurisdiction are located. 3.3.1 Membership: The City, by this agreement with the County, is entitled to appoint one representative to the Emergency Medical Services Impact Fee Advisory Committee for each benefit district in which the lands under its jurisdiction are located. The representative so appointed must be knowledgeable about land development activity within the benefit district, the need for emergency medical services facilities within the benefit district, and limitations on the use of impact fees. Representatives may include but are not limited to elected officials, City or County Managers, planners, engineers, attorneys or concerned citizens residing in the jurisdiction. The appointment of an individual to the Impact Fee Advisory Committee by a participating jurisdiction shall be an assurance to all other participating jurisdictions that the appointee meets the requirements of this paragraph. The total membership of the Impact Fee Advisory Committee shall consist of one representative from the following: Brevard County, and each municipality with an effective interlocal agreement and jurisdiction over lands within the Benefit District. 3.3.2 Role of Impact Fee Advisory Committee: The role of the Impact Fee Advisory Committee is to consider the need for and cost of new or expanded emergency medical services facilities within the benefit district to maintain adopted level of service standards for emergency medical services as well as projections of impact fee revenues available for appropriation in order to make recommendations to the Board of County Commissioners regarding the use of available impact fees for eligible projects. 3.3.3 Advisory Committee Recommendations: The recommendations of the Emergency Medical Services Impact Fee Advisory Committees regarding the appropriation of impact fees toward specific emergency medical services improvement projects shall not be binding on the Board of County Commissioners, but the Board of County Commissioners shall regard the Advisory Committee’s recommendations as highly persuasive and accord said recommendations great weight in their deliberations regarding the appropriation of emergency medical services impact fees to eligible projects. 3.4 Donation of Land and Developer Funded Improvements: In the event that the City approves a development order that requires the developer to donate land or emergency medical services facility improvements to the County, the City agrees to coordinate with the County to ensure that any emergency medical services facilities impact fee credit that is due to the developer is considered in a timely manner. Page 3 of 10 3.5 Agreement to Accept Benefit District & Rate Structure: The City accepts the emergency medical services impact fee rate schedule established in Section 62-849 and the impact fee benefit district boundaries established in Section 62-85 1 of the Emergency Medical Services Facilities Impact Fee Ordinance adopted by the Board of County Commissioners on April 24, 2001 as Ordinance 01-21.. The City’s acceptance is based on the County’s assurances that: the emergency medical services impact fee rate structure and benefit district boundaries are based on an impact fee study prepared by a qualified consultant; said study is based on current and reliable socio-economic data; the emergency medical services facilities impact fee program, rate structure and benefit district boundaries will not be amended unless based on an updated study prepared by a qualified consultant; and that the impact fee program established by the Ordinance would more likely than not be upheld in a court of competent jurisdiction. The County waives any right to assert said acceptance by the City as a defense to any hold harmless or indemnification clause in this Agreement or otherwise expressly or impliedly made by the County. Section 4: Obligations of the County 4.1 Administration and Enforcement: It is the obligation of the County to administer all aspects of the ordinance and to make every reasonable effort to enforce the provisions of the Emergency Medical Services Facilities Impact Fee Ordinance, as it has been adopted and as it may be amended from time to time. 4.1.1 4.1.2 4.1.3 4.1.4 Assessment: The County, within a reasonable period of time after receipt of a completed County Form A, shall provide the applicant with an assessment notice that identifies the amount of the emergency medical services facilities impact fee that is due within a reasonable time. For single-family detached residences, mobile or manufactured homes, or duplexes, the assessment notice will usually be provided within one business day. For residential developments with more than two units and all non-residential developments, the assessment notice will usually be provided within five business days or less. Upon payment of the appropriate emergency medical services facilities impact fee amount by the applicant, the County shall immediately issue a emergency medical services facilities impact fee proof of payment receipt to the applicant to provide to the City. Special Reviews: Upon receipt of an independent fee calculation study provided for in Section 62-849(b), a request for a refund as provided for in Section 62-854, and/or a request for an exemption or credit as provided for in Section 62-855 of the Emergency Medical Services Facilities Impact Fee Ordinance, the County shall make a good faith effort to expeditiously process the request and take appropriate action within a reasonable period of time. Collection: Brevard County has established the Brevard County Development Cashier as the central collection point for emergency medical services impact fee payments and the issuance of emergency medical services impact fee proof of payment receipts or notices of exemption from emergency medical services impact fees. The Development Cashier is located in Building A of the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Viera 32940. The Board of County Commissioners has established alternative collection points at each of the Brevard County Tax Collector’s Offices. Use of Funds: All Emergency Medical Services Facilities impact fees collected by Brevard County shall immediately be deposited in the Emergency Medical Page 4 of 10 Services Facilities Impact Fee Trust Fund established for each benefit district pursuant to the requirements of Section 62-852. After the Impact Fee Advisory Committee makes its recommendation and the Board of County Commissioners appropriates emergency medical services impact fees to an eligible project, the County will transfer those funds to the Brevard County Emergency Medical Services Department for expenditure. All Emergency Medical Services impact fees collected by Brevard County shall be used exclusively for capital equipment and facilities used in direct support of the Advanced Life Support transportation services provided countywide by Brevard County. Brevard County shall not use Emergency Medical Services impact fees for capital equipment and facilities utilized by the Brevard County FireRescue Department for first responder services provided in the unincorporated areas of Brevard County. 4.1.5 Administration Fee: The County is entitled to retain up to but not more than five percent of the amount of emergency medical services facilities impact fees collected for administration of the ordinance. In calculating the amount of the administrative fee, the County shall include those expenditures that are reasonably associated with administration of the program. These expenditures may include but are not limited to, compensation and benefits for personnel involved in the administration of the ordinance; supplies and expenses related to administration of the ordinance; costs associated with consulting services for establishment and periodic updates of the ordinance; and those attorneys fees that may be necessary for administration and enforcement of the ordinance. The County acknowledges that it administers other impact fee programs not related to emergency medical services facilities and pledges to consolidate its administrative efforts in order to cost effectively administer all impact fee programs. When shared administrative costs cannot be isolated by specific impact fee program, the County shall prorate those costs based on amount of revenue collected within each program. Section 5: Maintenance of Records 5.1 The County shall maintain complete and comprehensive records of all funds collected within the City and all expenditures of said funds, identified by Benefit District, for a period of seven years from receipt and expenditure to satisfy the refund provisions of Section 62-854 of the Emergency Medical Services Facilities Impact Fee Ordinance. The County shall maintain complete and comprehensive records of all exemptions granted, all incentives awarded, any impact fee credit awarded and any refund given for a period of seven years from receipt or award. 5.2 5.3 The County and the City shall have the reciprocal right to review the records of the other as to issuance of building permits, certificates of occupancy, and receipt, allocation and expenditure of impact fees. All such inspections shall be made upon reasonable notice and at a reasonable time and place. Upon a request to review or obtain copies of records by one party to the other hereunder, the party responding to a request for review shall furnish assistance as well as copies of appropriate records for the project to the requesting Party. Page 5 of 10 Section 6: Indemnification 6.1 The County agrees to hold the City harmless from all liability that may result from the performance of or omission to perform any of its obligations herein. To the fullest extent permitted by law, the County agrees to indemnify the City against all losses, damages, errors, omissions, claims, court costs, or attorney’s fees incurred, directly or indirectly, arising from or: (1) as a result of the City’s defense of its actions or omission to act resulting, directly or indirectly, from the performance of this Agreement or in cooperation with the County in pursuit of fulfilling the requirements of the Emergency Medical Services Facilities Impact Fee Ordinance; (2) in refusing to issue either a building permit or certificate of occupancy in furtherance of enforcing the Emergency Medical Services Facilities Impact Fee Ordinance and the impact fee effectuated by that ordinance or this Agreement; and/or (3) as a result of the County’s actions pursuant to the emergency medical services facilities impact fee program or ordinance, including but not limited to the making of, failure to make or to timely make: (a) determinations regarding vested rights, alternative impact fee calculation studies, exemptions from impact fees, award of impact fee credits, or eligibility for and award of incentives for affordable housing construction; (b) property return funds to which any person may be entitled; and/or (c) issue a emergency medical services facilities impact fee proof of payment receipt. Notwithstanding any other provision of this Agreement, the parties hereto agree that the hold harmless and indemnification provisions of this Agreement shall continue in full force and effect regardless of the termination of this Agreement with regard to acts or omission committed during the term of this Agreement. This agreement specifically includes a circumstance where a court of competent jurisdiction orders repayment of previously paid emergency medical services facilities impact fee sums. Nothing herein shall be construed to constitute a commitment by the County to indemnify the City for acts of negligence, be they commission or omission under any development permit or regulatory activity of the City pursuant to this Agreement or otherwise. Nothing herein shall be construed to constitute a general pledge of County or City revenues. Section 7: Entire Agreement 7.1 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the disbursement matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written regarding disbursements unless specifically incorporated into this agreement by writing. I Section 8: Notices 8.1 Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. The parties designate the following as the respective places for giving of notice to-wit: For County: County Manager Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, Florida 32940 Page 6 of 10 For City: City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920-0326 Section 9: Amendments 9.1 The parties may amend this Agreement, if required by legislation, to conform to mandates in state guidelines, directives, and objectives relating to the use of emergency medical services facilities impact fees. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Board of County Commissioners of Brevard County, Florida and the City Council of the City of Cape Canaveral. Such amendment will not affect specific activities commenced under this agreement prior to amendment, which were in compliance at the time of commencement. No other modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Section 10: Term of Agreement 10.1 This agreement shall commence on the day that the fully executed agreement is recorded in the Public Records of Brevard County, Florida. This agreement shall remain in effect until it has been terminated pursuant to Section 11 below. Section 11: Termination 11.1 In the event that the County repeals the Emergency Medical Services Facilities Impact Fee Ordinance, this agreement shall remain in effect until all funds collected by the County under the provisions of the ordinance have been expended on eligible improvements. 11.2 In the event that the City initiates activities to adopt an emergency medical services facilities impact fee ordinance that would supersede the Brevard County Emergency Medical Services Facilities Impact Fee Ordinance within those areas under the jurisdiction of the City, the City shall give the County notice at least ninety days prior to the effective date of the proposed City ordinance in order to coordinate with the County regarding the transition to the City ordinance and termination of this Agreement. Section 12: Effective Date; Recording 12.1 Pursuant to Section 163.0 1 (1 l), Florida Statutes, this Agreement, and any amendments hereto, shall not become effective until and unless recorded in the Public Records of Brevard County by the Clerk of the Circuit Court for Brevard County, Florida. The County, at no cost to the City, shall make arrangements to immediately record this Agreement and any amendments hereto, all as contemplated herein, and upon recordation, a recorded copy shall be forwarded to the City in the manner in which notice is required to be given. Page 7 of 10 Section 13: Litigation 13.1 In the event litigation is filed against the City which challenges: the City’s refusal to issue any development permit or certificate of occupancy because the property owner, developer, applicant or other person has failed to properly remit payment for emergency medical services facilities impact fees pursuant to the Emergency Medical Services Facilities Impact Fee Ordinance, or in a timely manner, proper amount, or for any other reason; or this Agreement or Ordinance, within ten (1 0) days of service of the pleadings on the City, the City agrees to forward a copy of the pleadings to the County. Upon written request of the City, the County shall be named as an indispensable party to such suit or failing such determination by a court, the County shall be named as a third party defendant to enable the County to defend this Agreement, the Ordinance, and the Emergency Medical Services Facilities Impact Fee program. The County agrees that in any such action contemplated by the foregoing sentence, the City may have its choice of legal counsel, both for trial and appellate purposes, all at the expense of the County. In the event that litigation is filed against the County, which challenges this Agreement or the Ordinance, or the Emergency Medical Services Facilities Impact Fee program, within ten (10) days of service of the pleadings on the County, the County agrees to forward a copy of the pleadings to the City. Upon written request of the County, the City shall be named as an indispensable party to such suit or failing such determination by a court, the City shall be named as a third party defendant to enable the City to defend this Agreement and join in the defense of the Ordinance and Emergency Medical Services Facilities Impact Fee program. In the case of the event outlined in the immediate foregoing sentence in which the City shall request to be joined, the County may, in its sole and absolute discretion, refuse indemnification of the City as to its court costs and attorney’s fees. Section 14: Severability 14.1 If this Agreement contains any unlawful provisions not an essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from this Agreement without affecting the binding force of the remainder of the Agreement. IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the County and City by their duly authorized representatives on the respective dates below. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Ron Pritchard, D.P.A, Chairman As approved by the Board of County Commissioners on ,2005. CITY OF CAPE CANAVERAL, FLORIDA ATTEST: Scott Ellis, Clerk ATTEST: Page 8 of 10 Rocky Randels, Mayor Date: ,2005 Susan Stills, City Clerk Page 9 of 10 STATE OF FLORIDA 6 COUNTY OF BREVARD § The foregoing instrument was acknowledged before me this day of 3 2005 by Ron Pritchard, D.P.A., Chairman of the Board of County Commissioners of Brevard County, Florida, who is personally known to me or produced as identification and who did take an oath. NOTARY PUBLIC - State of Florida STATE OF FLORIDA § COUNTY OF BREVARD 5 The foregoing instrument was acknowledged before me this day of , 2005 by Rocky Randels, Mayor of the City of Cape Canaveral, who is personally known to me or produced as identification and who did take an oath. NOTARY PUBLIC - State of Florida Page 10 of 10 DIVISION 5. EMERGENCY MEDICAL SERVICES FACILITIES* *Cross reference(s) law enforcement, ch. 66. Emergency services, ch. 42; fire prevention and protection, ch. 50; Sec. 62-841. Short title; statutory authority; applicability. (a) This division shall be known and may be cited as the Brevard County Emergency Medical Services Fachues Impact Fee Ordinance. (b) The board of county commissioners has the authority to adopt this division pursuant to Fla. Const. art. VIII and F.S. chs. 125 and 163. (c) Ths division shall apply to the unincorporated area of the county and to the incorporated areas of the county to the extent permitted by Fla. Const. art. VIII, $ l(f). Sec. 62-842. Intent and purpose. (a) Thus division is intended to implement and be consistent with the county comprehensive plan. (b) The purpose of ths division is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of the capital expenditures necessary to provide emergency melcal service fachties in the county as contemplated by the board of county commissioners. Sec. 62-843. Findings. The board of county commissioners makes the following fmdmgs and determinations: (1) The existing emergency medical services system is not sufficient to accommodate anticipated new development without decreasing the levels of service. (2) The emergency me&cal services fachties level of service standard3 for the county is determined to be one emergency medical services station per 21,000 people. (3) Exisung revenue sources are not sufficient to fund capital improvements necessary to accommodate new development. (4) New development should contribute its fair share of the costs of providing new fachties necessary to accommodate the new development. Impact fees provide a reasonable method of regulating new development in the county to ensure that such new development pays its fair share of the capital costs of governmental services and fachties necessary to accommodate the new development. The impact fees set forth in this division are not established at a rate to correct existing deficiencies. The impact fees set forth in ths &vision establish a fair and conservauve method of assessing new development its fair share costs. The impact fees wdl not fully pay for the costs of emergency melcal services capital improvements necessitated by new development, and the county recognizes that the shortfall wdl have to come from other revenue sources. The impact fee districts established in ths division ensure that capital improvements to the emergency medical services system wd benefit the development located with the district. Sec. 62-844. Rules of construction. (a) The provisions of this division shall be liberally construed so as to effecuvely carry out its purpose in the interest of the public health, safety and welfare. @) For the purposes of administration and enforcement of this division, unless otherwise stated in this division, the following rules of construction shall apply to the text of ths division: In case of any difference of meaning or implication between the text of ths division and any caption, dustration, summary table or dustrative table, the text shall control. The term "shall" is always mandatory and not discretionary; the term "may" is permissive. Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. The term "used for" includes the term "arranged for," "designed for," "maintained for'' or "occupied for." \\ The term incorporated association or any other sdar entity. person" includes an individual, a corporation, a partnershp, an 2 (6) Unless the context clearly indicates the contrary, where a regulation involves two or more items, con&tions, provisions or events connected by the conjunction "and," "or" or "either . . . or," the conjunction shall be interpreted as follows: a. The term "and" indicates that all the connected terms, conditions, provisions or events shall apply. b. The term "or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination. C. The term "either . . . or'' indicates that the connected items, conditions, provisions or vents shall apply singularly but not in combinauon. (7) The term "includes" shall not Kt a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kmd or character. (8) The term "county manager" means the county manager or the county officials he or she may designate to carry out the administration of this division. (9) The land use types listed in section 62-729 shall have the same meaning as under article VI of this chapter. Sec. 62-845. Definitions. As used in ths &vision, the following words shall have the following meanings, unless some other meaning is plainly intended: Basic employment means the such jobs are substantially associated with the production of goods and/or the provision of services that are exported to consumers outside of the county, and as a result, derive revenues that support the local economy from outside the county. Capital improvement includes emergency melcal services faches planning, emergency medical services impact fee consultant studies, land acquisiuon, site improvements, buddings, vehcles and equipment, but excludes maintenance and operation. Commercial land use means those structures and fachties used by insututional and/or business enterprises that are engaged in the provision of goods and/or services to domestic and wholesale consumers whether for profit or not, such as the wholesale trade of both durable and nondurable goods; retail trade; finance, insurance and real estate services; business and personal services such as accountmg, advertising and other business services, lodging, repair services, amusement and recreation services, legal services, medical services, educational services and other sdar services; social services for individuals and fades, including those provilng residential care for chlldren, the aged, the destitute and the physically, mentally and/or emotionally challenged; and membershp organizations such as business and professional associations, civic, social and fraternal organizations and religious organizations. Commercial includes those institutional and/or business enterprises described 3 in the North American Industry Classification System, 1997 edition, under Sector 11. Agriculture, Forestry, Fishng and Hunting; Sector 42. Wholesale Trade; Sector 44-45. Retail Trade; Sector 52. Finance and Insurance; Sector 53. Real Estate and Rental and Leasing; Sector 54. Professional, Scientific, and Technical Services; Sector 55. Management of Companies and Enterprises; Subsector 561. Administrative and Support Services; Sector 61. Educational Services; Sector 62. Health Care and Social Assistance; Sector 71. Arts, Entertainment, and Recreauon; Sector 72. Accommodation and Food Services; and Sector 81. Other Services (except for Public Administration) excluding Subsector 814 Private Households. F'eepqer means is a person commencing a land development activity by applying for a budding permit. Indtl.rt?ial land use means those structures and fachties used by business enterprises engaged in mining, manufacturing, warehousing or the provision of industrial services. Industrial includes those business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 21. Mining; Sector 22. Udties; Sector 23. Construction; Sector 31 -33. Manufacturing; Sector. 48-49. Transportation and Warehousing; and Subsector 562. Waste Management and Remediation Services. Manzfactming means industrial operations that are engaged in the mechanical or chemical transformation of materials or substances into new products, characteristically using power driven machines and materials handling equipment. Manufacturing also means operatlons engaged in assembling component parts of manufactured products, if the new product is neither a structure nor other fmed improvement. Also included is the blending of material, such as lubricating oils, plastics, resins or liquors. A new product may be finshed as in ready for uthzation or consumption, or it may be semifinished to become a raw material for use in further manufacturing activities. Manufacturing products are not for direct sale to the domestic consumer. Residentialmeans a structure or structures solely dedicated to the housing of a person or persons to live, cook and/or sleep with on a permanent basis, as either owner, renter or lessee provided, however, that adult congregate living fackties, retlrement homes, nursing homes and other structures operated by a social service organization to provide residential care to chddren, the aged, the destitute and the physically, mentally and/or emotionally challenged shall be considered to be commercial land uses as defined herein. Cross reference(s)--Definitions generally, $ 1-2. Sec. 62-846. Penalty; additional remedies. A violation of ths division shall be an offense punishable according to law; however, in addition to or in lieu of any criminal prosecution, the county or any feepayer shall have the power to sue in civil court to enforce the provisions of ths division. State law reference(s)--Penalty for ordinance violations, F.S. $ 125.69. Sec. 62-847. Severability. 4 If any section, phrase, sentence or portion of ths division 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 portions of this division. Land Use Type Sec. 62-848. Imposition. Unit Impact Fee (a) Any person who, after the effective date of the ordinance from whch ths division is derived, seeks to develop land by applying for a budding permit shall be assessed an emergency medical services fachties impact fee and shall be required to pay the emergency medical services fachties impact fee in the manner and amount set forth in ths division. Single-farmly detached I Dwehg @) No budding permit for any activity requiring payment of an impact fee pursuant to section 62-729 shall be issued unless and unul the emergency medical services fachties impact fee required by this section has been assessed and a notice of assessment has been signed by the person applying for the issuance of the building permit. Payment of the emergency medical services fachties impact fee shall be as specified in section 62-730. $38.65 Sec. 62-849. Computation. Low hse Apartment (1 or 2 story) High Rlse Apartment (3 or more stories) (a) At the option of the feepayer, the amount of the fee imposed by ths division may be determined by the following fee schedule: Dwehg $33.68 Dwehg $22.1 5 SCHEDULE OF EMERGENCY MEDICAL SERVICES FACILITIES IMPACT FEES (1 or 2 story) Residential Condominium or Townhouse (3 or more stories) Mobile home Dwelhng $23.16 Dwehng $30.41 General Industrial Manufacturing Warehouse Mini-warehouse 1,000 square feet $10.46 1,000 square feet $7.40 1,000 square feet $6.31 1,000 square feet $2.20 I Residential Condominium or Townhouse I Dwehg I $35.22 I I Land Use Type 1 Unit 1 Impact Fee 5 Commercial: Hotel or motel Office under 10,000 GSF Room $10.86 1,000 square feet $31.30 Office 10,000 GSF & over I 1,000 square feet $1 8.35 Bank [ 1,000 square feet I Office Park Medical Office $48.52 1,000 square feet $14.33 1,000 square feet $30.72 Bank with drive-through Retail 10,000 GSF and less Retail 10,001 to 100,000 GSF 1 1,000 square feet 1 $86.13 1,000 square feet $43.74 1,000 square feet $1 30.99 Retail 100,001 to 1,000,000 GSF Retail over 1,000,000 GSF 1,000 square feet $53.78 1,000 square feet $45.51 Quality Restaurant Restaurant I I Auto Repair I 1,000 square feet I $35.56 1,000 square feet $1 88.30 1,000 square feet $232.04 Restaurant w/ Drive-through I 1,000 square feet $229.99 New & Used Auto Sales Gas Station I Recreation 1,000 square feet $45.85 Fuel posiuon $56.73 Car Wash 1 Wash stall $208.96 Institutional Supermarket Convenience Store with Gas & Fast Food Furniture Store 1,000 square feet $1 18.03 1,000 square feet $251.34 1,000 square feet $7.20 6 Marina Golf Course Racquet Club / H ealth Spa Berth $5.98 Hole $102.99 1,000 square feet $32.32 Tennis Court Movie Theater with matinee Court $57.42 Screen $333.57 Church ACLF or retirement home 1,000 square feet $8.81 Dwehg $32.49 Nursing Home Day Care Center Bed $25.23 1,000 square feet $196.74 Elementary School Middle School High School If the type of development activity for which a building permit is applied for is not specified on the fee schedule set out in ths subsection, the county manager shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. In the case of change of use, redevelopment or modification of an existing use whch requires the issuance of a budding permit, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. Student $2.79 Student $3.93 Student $4.86 @) If a feepayer opts not to have the impact fees determined according to subsection (a) of ths section, then the feepayer shall prepare and submit to the county manager an independent fee calculation study for the land development acuvity for whch a building permit is sought. The independent fee calculation study shall follow the prescribed methodologies and formats for such a study established by the county manager. Junior College College Veterinary Chic Hospital Sec. 62-850. Payment. Student $2.20 Student $3.76 1,000 square feet $27.88 1,000 square feet $24.60 (a) The person applying for the issuance of a budding permit shall pay the fee assessed pursuant ths division to the county manager prior to the issuance of a certificate of occupancy. No certificate of occupancy shall be issued unul all assessed impact fees are paid. The obligation to pay the fee shall run with the land. @) All funds collected shall be properly identified by emergency medical services fadties impact fee district and promptly transferred for deposit in the appropriate emergency medical services faches impact fee trust fund, to be held in separate accounts as determined in secuon 62-732 and used solely for the purposes specified in ths division. (c) In lieu of all or part of the emergency medical services impact fees, the board of county commissioners may accept the offer by a feepayer to donate land or construct all or part of an emergency medical services capital improvement project shown in the county comprehensive plan or appropriate to the implementation thereof. This offer shall not include the construction of any site-related improvements. Such construction must be in accordance with county, municipal or state design standards, whchever are applicable. The feepayer shall submit a project description in sufficient detail, including competitive bids if so requested, to allow the county manager to establish an engineering and construction cost estimate. The county manager shall credit ths estimated cost or the actual cost of ths 7 construction, whichever is lower, against the emergency medical services impact fee otherwise due. The offer shall not constltute payment of the emergency medical services impact fee unless and unul it is accepted by the board of county commissioners and the feepayer has deQcated or conveyed any and all land pursuant to the offer as accepted and has posted security, as provided in ths subsection, for the construcfion of any and all other capital improvements pursuant to the offer as accepted. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with the board of county commissioners in an amount approved by the board equal to 110 percent of the full cost of such construction. If the emergency medical services constructlon project d not be constructed with one year of the acceptance of the offer by the board of county commissioners, the amount of the security shall be increased by ten percent compounded for each year or fraction thereof of the life of the security. The security shall be reviewed and approved by the county attorney's office prior to acceptance of the security by the board. Sec. 62-851. Districts established. There are hereby established two emergency medical services fadties impact fee districts as shown in appendix I attached to Ordinance No. 01-21, which is incorporated in ths &vision by reference. Sec. 62-852. Trust funds. (a) There are hereby established separate emergency medical services fachties impact fee trust funds, one for each emergency medical services fachties impact fee &strict established by section 62-731. (b) Funds withdrawn from ths account must be used in accordance with the provisions of section 62-733. Sec. 62-853. Use of funds. (a) The collecting and administering governmental units shall be entitled to up to but not more than eight percent of the funds collected under this division to compensate them for the administrative expense of collecting the fee and administering this division. All remaining funds collected from emergency medical services fachties impact fees shall be used for the purpose of capital improvements to emergency me&cal services fachties under the jurisdiction of the county or the state, or community and regional emergency medical services fachties under the jurisdiction of the county, and not for maintenance or operations. Such acquisitions and improvements shall be the type as are made necessary by new growth and development in the county. @) Funds shall be used exclusively for capital improvements within the emergency medical services fachties impact fee district, as identified in appendix I of Ordinance No. 01--, from whch the funds were collected. Funds shall be expended in the order in which they are collected. 8 (c) Each fiscal period, the county manager shall present to the board of county commissioners a proposed capital improvement program for emergency medical services fachties, assigning funds, including any accrued interest, from the several emergency medical services fachties impact fee trust funds to specific emergency medical services fachtles improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same emergency medical services fachties impact fee trust funds unul the next fiscal period, except as provided by the refund provisions of this &vision. Sec. 62-854. Refund of fees paid. (a) If a budding permit expires, then the feepayer, or hs heirs, successors or assigns, shall be entitled to a refund of the emergency medical services fachues impact fee paid as a condtion for its issuance, except that the county shall retain five percent of the fee to offset the costs of refunding. (b) Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the emergency medical services fadties impact fee payment was received shall, upon application of the current owner, with 180 days of expiration of the six-year period, be returned to the current owner with interest at the rate of six percent per annum. Sec. 62-855. Exemptions and credits. (a) Exemptions. The following shall be exempted from payment of the emergency medical services fachties impact fee: Alteration or expansion of an existing building where no additional units are created and where the use is not changed. The construction of accessory buildings or structures where no additional units are created. The new replacement of a residential land use with a new unit of the same type and use. The replacement of a nonresidential budding or structure with a new budding or structure of the same size and use. The construction of publicly owned government buddings which are u&ed in their entirety for public purposes. All industrial land uses as defined herein and described in the Standard Industrial Classification manual, 1987 Ediuon, under Division B - Mining; Division C - Construction; Division D - Manufacturing; and Division E - Transportation, Communications, Electric, Gas and Sanitary Services provided, however, that when 9 such uses are conducted in a structure also used as a private residence there shall be no exemption from any residential impact fee that otherwise may be due. An exemption must be claimed by the feepayer at the time of the issuance of a budding permit or mobile home permit. Any exemption not so claimed shall be deemed to be waived by the feepayer. (b) Credits. No credit shall be given for site-related improvements. Sec. 62-856. Review. The fee schedule contained in section 62-849 shall be reviewed by the board of county commissioners at least once each fiscal biennium. Sec. 62-857. Appeals. The board of county commissioners shall hear appeals relating to the grant or denial of an exemption to an impact fee. In applying for an appeal, the applicant shall provide adequate documentation to confirm the basis for the appeal, including whether the proposed institutlonal or business enterprise meets the industrial and commercial land use definitions contained herein, when applicable. Secs. 62-858--62-1100, Reserved. 10 I MeetingType: Regular I Meeting Date: 06-21-05 Heading Considerations I 'E I I 3 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PRELIMINARY RE-PLAT OF CASA BONITA DEPT./DIVISION: GROWTH MANAGEME!NT/P&Z Requested Action: City Council consider approval of the preliminary re-plat of Casa Bonita, as recommended by the Planning & Zoning Board. Summary Explanation & Background: See attached documents and prelirmnary re-plat. I recommend approval. Exhibits Attached: P&Z Recommendation Letter/Supporting Documents Department GROWTH MGMTP&Z g\2005\06-21-05\casabonlta.doc June 14,2005 Bennett Boucher, City Ma Susan Stills, City Clerk of Cape Canaveral nager From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Preliminary Re-Plat of Casa Bonita - Replat of the North 100 Feet of Lots 1, 2 & 3, Block 1, Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision - Nancy Murray, Property Owner. At the Planning & Zoning Board meeting, held on March 23, 2005, by unanimous vote, the Board recommended approval of the above referenced Preliminary Replat. Please note that the project site plan is scheduled for the June 22nd, 2005 Planning and Zoning Board meeting. Please schedule this replat for the next City Council meeting agenda. Attached are (7) copies of the replat. 105 Polk Avenue Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 SUNCOM: 982-1220 FAX: (321) 868-1248 www.myflorida.com/cape e-mail: ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES MARCH 23,2005 A Regular Meeting of the Planning & Zoning Board was held on March 23, 2005, at the City Hall Annex, 11 1 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Alice Filteau 1 st Alternate Donald Dunn 2nd Alternate MEMBERS ABSENT Walter Schoenfeld OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: 1. Approval of Meetinq Minutes: March 9, 2005 (Workshop Meetinq and Reqular Meetinq). Motion by Alice Filteau, seconded by Leo Nicholas to approve the meeting minutes of March 9, 2005. Vote on the motion carried unanimously. 2. Preliminary Re-Plat Approval - (Casa Bonita) - Section 23. Township 24 South, Range 37 East, Replat of the North 100 Feet of Lots 1, 2 & 3, Block 1, Avon bv the Sea Subdivision - Nancv Murrav, Propertv Owner. Todd Peetz, City Planner, advised that this property is located on the S.E. corner of Washington and N. Atlantic Avenues and this is the same project that just received a granted special exception for four townhouse units. Ron Wollum, representative for the property owner, testified that this preliminary replat was for the four townhouse units. He advised that the oak trees that were discussed during the special exception proceedings should not need to be removed, however if it is necessary to remove them he would plant hardwood trees of the same dbh. The Board members reviewed the preliminary replat. Motion by Leo Nicholas, seconded by Lamar Russell to approve the preliminary replat for Casa Bonita. Vote on the motion carried unanimously. w3, L.L.C. 8408 Clarks Branch Dr. Raleigh, NC 27613 January 13,2004 To Whom it May Concern: I hereby request a replat of 103 Washington Street (legal description: N. 100’ of lots 1,2,3; block 1, Avon by the Sea), into four individual townhome lots. Should you have any question, please do not hesitate to call myself (9 19-637-7265) or Jim Morgan with All Shores Construction Company. , Sincerely, Nancy W. Managing Partner : APPLICATION FOR PLAT REVIEW - DATE OF SUB~DTTAL: Tan.. I4 2065 (NOTE: SUBMITTAL MUST BE SUBMITTED A M”M OF 30 DAYS PRIOR TO THE PLANhTKG & ZONING MEETING; PLAT MUST MEET TEE FUZQLEEEMENTS OF SECTION 98-41 THROUGH 98-62). . . .. MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: March 14,2005 RE: Casa Bonita Preliminary Re-Plat I have reviewed the submittal of the Preliminary Re-plat review for the above referenced project. I have no comments at this time. Further review will be conducted during the site plan review and permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. SSA March 3 2005 Mi-. Todd Peetz Miller-Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32759 RE: Preliminary Plat Review - Casa Bonita - Review W2 SSA Job No. 95-0208, Task 101-1003 Dear Mr. Peek SSA has reviewed the submitted preliminary plat tor the above refereiced project. Based or, our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. 09h David Rov Jon s, PLS DRJ:jls Cc: Susan L. Ctqman Replat Review To: Todd Peetz, City Planner From: Tim Reaves, Fire Inspector' Re: Date: March 7, 2005 Casa Bonita, 103 Washington Ave. 2nd Submittal Stationfl 190 JACKSON AVENUE CAPE CANAVERAL, FLORIDA 32920 e (321) 783-4777 I'M: (321) 783-5308 St'ition $2 8970 COLIJMBIA ROAD e CAPE CANAVEIIAL, FLORIDA 32920 0 (321) 783-4424 FAX: (321) 783-4S87 MEMORANDUM TO: Todd Morley, CBO Interim Building Official FROM: Ed Gardulski Public Works Director DATE: March 3,2005 RE: Casa Bonita PreiiminaSy Re-plat Review The Public Works Department has reviewed the preliminary re-plat plan and the Director has the following comments or concerns: 1. If‘the property owner agrees with the proposed Bell South Easement agreement, depict the 25’ x 25’ easement area within the southwest corner of Lot: 1. City of Cape Canaveral Brown, Salzman, Weiss & Garganese, P.A. Anthony Garganese, City Attorney 225 E. Robinson Street, Suite 660 P 0 Box 2873 Orlando, FL 32802-2873 Re: Casa Bonita - Preliminary ‘Replat Review of Declaration of Covenants Dear Anthony: Please review the enclosed Declaration of Covenants for the above referenced project. The Preliminary Replat will be presented to the Planning & Zoning Board on February 23rd if all comments/concerns have been satisfactorily addressed by noon on Tuesday, February 15th. If you have any questions please give me a call. Thank you. Sincerely, ----,--- d ._ Susan L. Chapman Administrative Assistant to the Building Official Secretary to the Planning & Zoning Board 105 Polk Avenue e Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 0 SUNCOM: 982-1222 FAX: (321) 868-1247 www.myflorida.com/cape email: ccapeanaveral@cfl.rr.com . -- DRAFT ..- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ' THIS DECLARATION, made on the date hereinafter set forth by the iW3 LLC , a corporation ~ organized and existing under the laws of the State of Florida, hereinafter referred to as "Declarant" . WITNESSETH: WHEREAS, Declarant is the owner of all that certain property in the city of Cape.Canavexa1.p County of Brevard, State of Florida, which is more particularly described as: CASA BONITA. A SUBDIVISION LYING IN SECTION 23, TOWNSHIP 24 SOUTH, RANGE 37 EAST, CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA BEING A "REPLAT" OF LOTS 1,2 & 3, BLOCK 1 OF "AVON BY THE SEA" PLAT DESCRIPTION: THE NORTH 100 FEET OF LOTS 1,2 AND 3, BLOCK 1 OF "AVON BY THE SEA", RECORDED IN PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA c NOW THEREFORE, Declarant hereby declares that all of 4 - the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, ar-d conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Casa Bonita Townhomes ., its successors and assigns. . .. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property described hereinabove and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: All of the subject real property hereinabove described except the Lots shown upon the Survey annexed hereto and made a part hereof. Section 5. "Lot" shall mean and refer to any plot of land shown upon the Survey annexed hereto and made a part hereof with the exception of the Common Area, said Lots being those parcels numbered 1 through 4 inclusive on said Survey. The legal description of each said Lots is annexed hereto and made a part hereof. Section 6. "Declarant" shall mean and refer to the w3 LLc , a Florida corporation, its successors and assigns. ARTICLE I1 PROPERTY RIGHTS Section 1. Owners' Easementsof Enjoyment. Every owner shall have a right and easement of enjoyment, ingress and egress, in and to the Common Area which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; - 2- the right of the Association to suspend the voting rights and right to use the recreational facilities by an owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; the right of the Association to dedicate or transfei all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. (No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members agreeing to such dedication or transfer has been recorded.); any previously granted easement or right of way; the right of the Association (in accordance with its Articles and By-Laws) , to borrow money for the purpose of improving the Common Area and, in aid thereof, to mortgage said properties; the right of the Association to take such steps as are reasonably necessary to protect the Common Area against foreclosure; all provisions of this Declaration, any plat(s) of all or any pare pffar $he groEerty described herein, and the Afti,&?3$ 'W!p'-By-Laws of the Association. Section 2. Declaration,of Use. Any owner may delegate, - in accordance with the @-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Parking Rights. Ownership of each lot shall entitle the owner or owners thereof to the use of at least one automobile parking space, together with the right of ingress -3- n and egress in and upon said parking area. The Association shall permanently assign at least 0r.e parking space for each dwelling. Section 4. Owners' Right and Easement to All Parts of the Property. Every Owner shall have a right and easement in and to all parts of the property, including the Common Area and the individual lots for utilities, sypport of buildings, walls, foundations, roofs, slabs and the like, for the purpose of installation, inspection, repair, replacement, removal and use of the same. Such easements shall exist in such locations and be of such nature, duration and kind as from time-to-time may be necessary to provide or assure adequate sewer, water, electrical power, telephone, T.V. Cable, support for walls, foundations, slabs, etc., to each lot and to facilities in the Common Area. Such easements shall run with the land, be appurtenant to each lot and shall inure to the benefit of and be enforceable by all owners, or their successors in interest to each lot. Such easements and rights of enjoyment shall be private and not for the general public and shall not be transferable or alienable by the lot owners except with or as an appurtenant to each lot. ARTICLE I11 MEMBERSHIP VOTING 'RIGHTS Section 1. Every Owner, as above described, of a lot which is subject to assessment shall be a member of the Assocration. Membership shall be appurtenant to and may not be separated from ownership of any lot. Section 2. The Association shall have two classes of voting membership: CLASS A. Class A members shall the exception of the Declarant, to one vote for each lot owned. person holds an interest in any shall be members. The vote for be all Owners, with and shall be entitled When more than one lot, all such persons such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be aast. with respect to any lot. -4- CLASS B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class i3 membership shall cease and be converted to Class A membership on the happening of either of the following events, which- ever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) on December 31, 1981. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot owned within the Properties, hereby covenants and each Owner of any lot by acceptance of a deed therefor, whether or not it, shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments ox charges and (2) special assessments for capital improvements, and unanticipated repair or replacement expenses, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, cost and reasonable Attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. for delinquent assessments shall not pass to his successors in The personal obligation title unless expressly assumed by them. Section 2. Purpose of Assessment. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the - 5- Common Area. Such assessments may include ad valorem taxes levied upon the Common Area, insurance on the Common Area, and for repairs, replacements and maintenance of the same. The amount assessed to each lot for such taxes shall be one-thirty- second (1/32) of the total taxes levied upon the Common Area. Section 3. Maximum Annual Assessment. Until Jannary 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment shall be TO be Determined, If Any per lot, payable monthly in advance at the rate 0' T.B.D. ,if any DOLLARS iston the first day of each month. (a) From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of the membership, except that assessments may be increased in an amount necessary to pay taxes upon the common area without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased above 5% by a vote of two-third (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual, assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessinent year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property relating thereto, provided that any such assessment shall have the assent of two-third (2/3) of the votes of each class of -6- members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Any Action Authorized Under Section 3 and 4. Written Notice of any meeting called for the purpose of taking any action authorized under Sections 3 and 4 shall be sent to all members not less than 10 days nor more than 30 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to ca5t sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 30 days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots upon which the improvements have been completed and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments. The annual assessments provided for herein shall commence as to each lot on the first day of the month following the conveyance of such lot to an owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether or not the assessments on a specified lot have been paid. Written notice of The I Gection 8. Effect of Nohpayment of Assessment%: Remedies of the AssociaDion. thirty (30) days after the due date shall bear interest from the date at the rate of 10 percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments Any assessment not paid within provided for herein by non-use of the Common Area or abandorment of his lot. Section 9. Subordination of the Lien to' Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. of any lot shall not affect the assessment lien. sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such Sale or transLer However, the sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE V EXTERIOR MAINTENANCE Section 1. Exterior Maintenance. In addition to maintenance upon the Common Area, the Association may provide exterior maintenance upon any structure on any Lot needing same in the Association's opinion, including paint, repairs, replacement and maintenance of roofsl gutters, dow-gw, exterior building surfaces, trees, shrubs, grass, walks, and other exterior improvements. Section-2. Assessment of Cost. The cost of such exterior maintenance shall be assessed against the Lot upon which such maintenance is performed but shall not be considered part of the annual maintenance assessment or charge. Any such spocial assessment or charge shall be a lien and obligation of the Owne? and shall become due and payable in all respects -a-