HomeMy WebLinkAboutPacket 08-16-2011 RegularCALL TO ORDER:
CITY COUNCIL MEETING
!AVERAL LIBRARY MEETING ROO
Avenue, Cape Canaveral, Florida
Tuesday
August 16, 2 01 1
7:00 PM i
Plaque presentation to Cfty Council by the City of Cocoa Beach in recognition of
the City's $10,000 contribution towards the 2011 Cape Canaveral/Cocoa Beach
Community Fireworks Show held on July 3, 2011,
DEAN=
HEM=
71-35 pm. — 7:40 p.m.
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not
take any action under the "Audience to Be Heard" section of the agenda. The
Council may schedule such items as regular agenda items and act upon! them in
the future.
Sam=* MILSAULOMME&I, M28M
105 Polk AvelWe ' Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone (321) 8,6,8-1220 Fax: (321) 868-1248
N'IW%V.Cityofcapecaiiaveral.ob-� - email: iii-]'c)�r)cityol'cal)ecaiiaici-�it.ot-g
City of Cape Canaveral, Florida
City i'ty Council Meeting
August 16, 2011
Page 2 of 3
K, Approve erlocal: Agreement with Brevard County for the Development
Alternate Total Maximum Daily Loads (TMDLs) and Approve Funds in thl
Amount of $2,686 for the City's Share in the Completion of a Comput
Modeling Study.
01, Approve donation of the 1978/91 Pierce Pumper to Monticello, Florid
Volunteer Fire Department, i
4. Approve Interlocal Agreement for City's Participation in the Brevard
County Public Entity Purchasing Cooperative.
5. Ord�inance No. 05-2011, granting to Florida Power & Light Company, ii,711
successors and assigns,, an Electric Franchise, imposing provisions a
conditions relating thereto, providing for monthly payments to the Cit
providing for the repeal of prior inconsistent Ordinances and Resolution
I
providing for qualified severability, providing for incorporation into i Append
"A" of the City Codefor , and providing an effective date.
6i. Proposed Revisions to the Development Approval Process and
Restructuring of Advisory Boards and Committees.
7Recommendation to City Council for the reduction of an outstanding lien;
Case Ns,. 2009-00!148, 63i95 N. Atlantic Avenue,
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REPORTS:
8:15 p.m. — *!• m.
WOWN 1 Nei
Pursuant to Section 286 .0105, Florida Statutes, the City hereby advises the public
I
that: If a person decid'es to appeal any decision made by the City Council with
City of Cape Canaveral, Florida
City Council Meeting
August 16, 2011
Page 3 of 3
respect to any matter considered at this meetinigi, that person will need a record oI
the proceedings, and for such purpose that person may need to ensure that a
verbatim record of the proceedings is miade, which record incWes the testimony
and evidence upon which the appeal is to be ba,sed'. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor doeorize challenges or appeals not
*theirwise allowed by law. Persons with d'isabiilities needing assistance to participate
in any of these proceedings should' contact the City Clerk's, office (868-1221) 48
hours in advance of the meeting.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/16/2011
PRESENTATION
Subject: Plaque presentation to City Council by the City of Cocoa Beach in recognition
of the City's $10,000 contribution towards the 2011 Cape Canaveral/Cocoa Beach
Community Fireworks Show held on July 3, 2011.
Department:
Summary:
At the 5/17/2011 Council Meeting, Cocoa Beach Commissioner Kevin Pruett expressed
that the City of Cocoa Beach wished to partner with the City of Cape Canaveral as
hosts for the 2011 Community Fireworks Show. He noted that the City of Cocoa Beach
budgeted $10,000 towards the estimated cost of $65,000 and would provide public
safety support and post -event public works services. He requested a $10,000
contribution from the City.
City Commissioner Kevin Pruett and City Manager Chuck Billias will be presenting an
appreciation plaque to the City Council.
Submitting Department Director: Angela Apperson Date: 7/26/2011
Attachment(s) None.
Financial Impact: None.
Reviewed by Finance Director: Andrea Bowers Date: e/3/11
The City Manager recommends that City Council tak the following action(s):
Accept the plaque.
Approved by City Manager: David L. Greene t, `V, - Date: g/3
City Council Action: [ ] Approved as Recommended [ 7 Disapproved
[ j Approved with Modifications
[ ] Tabled to Time Certain
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 08/1612011
Presentation
Subject: Visioning Implementation Accomplishments.
Department: Community Development Department
Summary:
ENVISION CAPE CANAVERAL "Our Community, Our Future"
Visioning Implementation Accomplishments
In 2009 the residents of Cape Canaveral engaged in a community-based, citizen -driven
process to create a vision for the City's future. Over 200 citizens participated in six
public workshops that resulted in a Vision Statement and a Visioning Report for Cape
Canaveral. The Cape Canaveral Vision Statement envisions a vibrant community that
meets the economic, recreational, social, and retail needs of its citizens. A Visioning
Report was also produced that listed recommendations to implement the Visioning. The
recommendations include increased code enforcement, revisions to the comprehensive
plan and zoning code to allow for mixed-use development and a town center, and a
proactive approach to economic development, among others.
The primary goal of the City has been the implementation of the Visioning, its
recommendations and its Vision Statement. The City is proud to report the results of its
efforts in making the Visioning a reality. The following is a list of some of our
accomplishments in implementing the Visioning:
Economic Development Initiatives
Ad Valorem Tax Exemption — A referendum was passed on November 3, 2009 to allow
for temporary property tax relief for qualified businesses.
Economic Development Action Plan (EDAP) — City Council commissioned the
preparation of an economic development plan. The "Economic Development Action
Plan" was prepared by Agee Consulting and accepted by the City Council in February of
2010. A copy of the EDAP is posted on the City's website.
Community Redevelopment Agency (CRA) — The first step in creating a CRA is to
prepare and adopt a Finding of Necessity. The Finding of Necessity establishes a need
for a CRA by evaluating properties based on criteria in the Florida Statutes. Boundaries
of the CRA will be determined at this time. Kimley-Horn and Associates, Inc. has been
retained by the City to prepare the Finding of Necessity and assist with obtaining
County approval. The report will be completed by the end of August whereupon our
request for a CRA will be presented to the County Commission for their approval. After
receiving County approval, a Community Redevelopment Plan will then be drafted and
the CRA adopted.
City Council Meeting
Date: 08/16/2011
Presentation Continued
Page 2 of 7
Brownfields Redevelopment Program - The Brownfields Redevelopment Program
provides financial and regulatory incentives for redevelopment. Both State and Federal
incentives are available for properties receiving the Brownfields Area Designation. The
City has retained a consultant to assist with the process of delineating Brownfields Area
boundaries and completion of applications to obtain the Brownfields designation.
Community Development Block Grant CDBG — Staff is exploring funding opportunities
through the CDBG program. The City may be eligible for an Economic Development
Grant in conjunction with the Casa Canaveral Assisted Living Facility because of its job
creation. Monies would be used for roadway and streetscape improvements on West
Central Boulevard.
Casa Canaveral Assisted Living Facility (ALF) — The City was presented with an
opportunity to become the location for an assisted living facility, a project that would
provide a needed housing option, create jobs, and increase the tax base. At that time,
however, the Code did not allow for an assisted living facility. The City revised its code
to allow for an ALF, approved a Special Exception and Variances to accommodate the
288 bed facility. The ALF will be over 200,000 square feet in size, create 150 jobs, and
be a 22 million dollar investment in the City.
Brewery — The City has given zoning approvals to Florida Beer Company to locate a
brewery in the former Marshal Manufacturing Building. Brewery activities will include
production of craft beers, tours, tastings, and retail sales. The facility is expected to
employ 35 persons initially and as many as 100 at full production.
Space Coast Clean Ene[gy Consortium — The East Central Florida Regional Planning
Council along with area municipalities including the City of Cape Canaveral have
formed a consortium to work collaboratively in an effort to procure state and federal
grant monies. The Consortium has applied for grants through the U.S. Economic
Development Administration's Regional Industry Cluster competition that could support
creation of a solar energy industry, provide energy upgrades for residential properties,
develop a smart grid electricity distribution system, etc.
Economic Development Commission of Florida's Space Coast EDC and Business
Location Incentives — Staff has developed a strong working relationship with the EDC
and the City has partnered with Brevard County and the State of Florida to incentivize
the location of a venture at the Cape that would provide launch services for placing
satellites into low earth orbit. (AKA -Project Rocket)
Streamline Development Approval Process and Restructure Adviso Boards — Staff
has prepared proposals to streamline the development approval process and to
restructure advisory boards in an effort to be more business friendly, support job
creation, and build the tax base. These proposals will be considered by the City Council
at its August 16, 2011 meeting.
City Council Meeting
Date: 08/16/2011
Presentation Continued
Business Assistance Efforts
Page 3 of 7
Business and Economic Development web a e — The Business and Cultural
Development Board and the Community Development Department created a webpage
that includes information on business assistance, economic development, upcoming
events, and the "Local Focus Program".
Local Focus Program — This program is an outreach of the Cocoa Beach Regional
Chamber of Commerce and the City of Cape Canaveral to support our small
businesses. The program is open to Cape Canaveral businesses with a business tax
receipt issued by the City. Services include: 1) a local business directory, 2) networking
and business marketing opportunities, and 3) education seminars covering topics
requested by the businesses.
Business Directory -- A directory of Cape Canaveral businesses has been developed in
partnership with the Cocoa Beach Regional Chamber of Commerce. The Directory is
posted on the City's website and will assist those wanting to patronize local businesses.
BuyBrevard — BuyBrevard.com is an internet based "buy local program" whose purpose
is to promote local businesses. Cape Canaveral is working with BuyBrevard as a "pilot"
city as BuyBrevard designs a website that enables visitors and residents to patronize
local businesses.
Comprehensive Plan and Zoning Changes
Mixed Use Development — City Staff has met with property owners, including hoteliers,
to discuss the creation of a mixed use land use district and zoning overlay that will allow
for mixed use development, increased building height, and enhanced architectural and
landscaping requirements. This will allow the City to attract new businesses, maximize
development potential and tax base, and provide services that the citizens desire. The
mixed use area will roughly include properties along A1A from the Port south to the
Canaveral River Bridge, properties along Central Boulevard from A1A to No. Atlantic
Avenue and the commercial and industrial areas south of the Port and north of Central
Boulevard.
Evaluation and Appraisal Report EAR Based Amendments — Subsequent to the
Visioning and as called for in the Evaluation and Appraisal Report, the City adopted new
policies in the Comprehensive Plan that call for the creation of mixed use land use and
zoning districts.
Miscellaneous Ordinance revisions - Child-care has been added as a special exception
use in the R-2 zoning district and an Assisted Living Facility has been added as a
special exception use in the R-3 zoning district.
City Council Meeting
Date: 08/16/2011
Presentation Continued
Code Enforcement Actions
Page 4 of 7
Code Enforcement activities have increasingly focused on foreclosed and abandoned
properties as well as aesthetic concerns along A1A. Staff has posted several "Unsafe
Building" placards and pursued demolition where the property owners have not
complied by making repairs. Staff and the Code Enforcement Board have begun a
rigorous campaign of establishing violations and repeat violations along with aggressive
daily fines/liens to compel compliance. A partially vacated condominium with a
dissolved condominium board has proven to be a challenge. While keeping Life -safety
issues as first priority, removal of illegal temporary signs, lot mowing, untagged vehicle
posting/removal, unpermitted work and parking lot maintenance issues are continually
enforced.
Complete Streets and WalkablelBlkeable Community Pro'ects
AIA Action Team and A1A Multi -modal Action Pian — Cape Canaveral is a founding
member of the AIA Action Team. This is a group of private citizens and municipal
officials actively engaged in finding funding to improve the look and function of the AIA
corridor. The Action Team includes representatives from Port Canaveral, Cape
Canaveral, Brevard County, Cocoa Beach, Patrick AFB and the Space Coast
Transportation Planning Organization. The Florida Department of Transportation has
budgeted $850,000 to prepare the A1A Multi -modal Action Plan that will remake A1A
into a "Complete Streets" roadway. Complete Streets focus on safety and lowering
speeds, pedestrian and bicycle travel, transit accommodations, and beautification. A
Scope of Work has been prepared for the Action Plan and will be released for bid
proposals in the coming weeks. The Action Plan will identify needed improvements,
estimate costs, and prioritize candidate projects. It should be completed within a year
from time of bid award.
Ridgewood Avenue Streetscape Project — The City has recently completed
improvements to Ridgewood Avenue that include a pedway for walkers and cyclists,
landscaping, solar lighting, pavement resurfacing, and intersection enhancements. This
has become the outdoor living room for many residents.
Complete Streets Grants -- The Space Coast Transportation Planning Organization has
budgeted approximately $1 million dollars for Complete Streets project throughout the
County. Funds will be awarded pursuant to a competitive application process. The City
has submitted applications for two projects, Central Boulevard and North Atlantic
Avenue. A feasibility study will be performed for each applicant project prior to selection
by the TPO. Funding for winning projects will be available in FY 2012113. If awarded,
the funds would be used to install pedways, bicycle lanes, landscaping, lighting,
intersection improvements, and transit shelters, etc.
Street Resurfacing — Portions of Thurm Boulevard and Washington Avenue and all of
Columbia and Church Lane have been resurfaced.
City Council Meeting
Date: 08/16/2011
Presentation Continued
Page 5 of 7
Prime Path Sidewalk — The sidewalk along North Atlantic Avenue was identified as one
of the North-South Prime Paths in the 1996 Sidewalk Report. The final segment of
sidewalk that connected the North Atlantic sidewalk to the Port has been completed.
Also, Staff is working with FDOT to complete the sidewalk along the east side of Al to
the Port.
Parks, Recreation, and Library Improvements
Cherie Down Park — The City continues discussions with the School District and
Brevard County Government to procure Cherie Down Park.
Indian River Lagoon Scenic Byways — The City is participating with the Indian River
Lagoon Scenic Byways Committee to create marketing materials that will highlight
points of interest in the City including Manatee Sanctuary Park and the Nancy Hanson
Recreational Facility.
Beach Crossovers — The City is implementing a project to rebuild the beach crossovers.
Two crossovers have been rebuilt and two more will be rebuilt each year.
Facility Upgrades
Nancy Hanson Recreation Complex — Tennis courts have been resurfaced and lights at
the racquetball courts have been upgraded to a more energy efficient halogen sports
lighting
Youth Center — The exterior of the building was renovated including the deck. A new
cover was installed on the deck that provides a shaded outdoor area and increases the
usable space of the building. Interior renovations include new carpeting, recreational
equipment, audiolvisual equipment, and electronic gaming devices.
Library — The Library has recently been repainted, book collection has been expanded
and computers have been added.
Liveable and Sustainable Community Pro'ects
Energy Efficient Lighting — Solar lighting was installed along Ridgewood Avenue. LED
lighting and new period style poles will be installed in the parking area at the Cape
Canaveral Library.
Pollution Prevention (P2) Report — Staff is working with Seaport Canaveral, USA to
initiate the P2 Project. Funding in the amount of $38,187 is for the installation of
Variable Frequency Drive (VFD) controllers on the two aeration mixer motors at the
Waste Water Treatment Plant. Projected energy savings upon project completion are
$2,500 per month.
City Council Meeting
Date: 08/1612011
Presentation Continued
Page 6 of 7
Stormwater improvements to Manatee Sanctuary and Banana River Parks — A wet
detention pond is being constructed in Manatee Sanctuary Park and improvements to
the stormwater collection system including reconfiguration of swales are underway at
Banana River Park.
Canaveral River Project — Dredging, headwall replacement, and a redirection of piping
are components of a project to increase the stormwater flow function of the Canaveral
River at Central Boulevard.
Manhole Refurbishing/Lining, Lift Stations and Emergency Generators — Manholes are
being refurbished/relined over a multi-year period; three lift stations have been
upgraded with emergency generators. These projects will continue in the next fiscal
year.
Other
Friday Fest — Friday Fest is a community festival event that has been established to
provide a social gathering place for citizens of the City. Activities include a variety of
food vendors, an assortment of novelty and craft vendors, children's activities, and live
entertainment.
Capital Improvements Plan -- The City has recently completed its first Five Year Capital
Improvements Plan. The plan will guide annual budgeting and address infrastructure
and recreation facility improvements that will implement the Vision Statement.
Fiscal Year 2011112 Budget — Funds to create the zoning that will allow for a "Town
Center" development and Architectural Design Standards have been included in the
budget under consideration for the coming fiscal year.
Blackboard Connect — Blackboard Connect is an information dissemination tool that
enables the City to notify residents, property owners, and business owners by phone,
text message, and/or email. Typical notifications include community outreach
messages, surveys, and emergency messages.
New City Hall Electronic Sign — The Community Appearance Board has approved plans
and a building permit has been issued for a new City Hall sign that will have an
electronic display. The new sign will enable Staff to better inform citizens of coming City
activities.
Sherriff Precinct — The renovation of the Sherriff's Precinct Building is nearing
completion. The renovations have increased the size of the precinct and created a
modern, professional workspace for law enforcement personnel.
Submitting Department Director: Barry Brown Date: 08-08-11
Attachment(s): None
City Council Meeting
Date: 08/16/2011
Presentation Continued
Financial Impact: Costs for projects/improvements.
Page 7 of 7
Reviewed by City Treasurer: Andrea Bowers Date:
The City Manager recommends that City Council take the following action(s):
Receive Presentation.
Approved by City Manager: David L. Greene DTx
City Council Action: [ ] Approved as Recommended
[ ] Approved with Modifications
Tabled to Time Certain
Date:V
[ ] Disapproved
'"S—uW—e- ci: —Broiw- nfiel'ds Redevelopment Program Presentation.
Department: Community Development Department
. . ......... ......... ..... . . . ... . ........
Financial Impact. None
Reviewed by City Treasurer: Andrea Biowers Date:
The City Manager recommends that, City Councirtake the following actioni(s):
N/A
Approved by City Manager: David L. Greene 0 -V-j- Date: <
City Council Action: Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
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CITY COUNCIL REGULAR MEETING J
CAPE CANAVERAL LIBRARY MEETING ROOM /
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 19, 2011
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Others Present:
Bob Hoog
Jim Morgan
Buzz Petsos
Rocky Randels
Betty Walsh
City Manager
David L. Greene
City Attorney
Anthony Garganese
Planning and Development Director
Barry Brown
Brevard County Sheriff Commander
Alan Moros
Cape Canaveral Volunteer Fire Dept. Assistant Chief
John Cunningham
City Treasurer
Andrea Bowers
City Clerk
Angela Apperson
PRESENTATION:
Presentation of 2011 Summer Quarter Beautification Award for Commercial Propert
within the City of Cape Canaveral: Pat Miner explained the purpose of the award to IAP
World Wide Services. No one was present to receive the Award.
REPORTS: None
AUDIENCE TO BE HEARD: None
CONSENT AGENDA:
City of Cape Canaveral, Florida
City Council Regular Meeting
July 19, 2011
Page 2of5
Mayor Randels read the titles of the items into the record and inquired if any items are to
be removed from the Consent Agenda for discussion. Mr. Leo Nicholas requested Item #3
be removed for discussion.
1. Approve Minutes for Special City Council Meeting of June 7, 2011 and the
Regular City Council Meeting of June 21, 2011:
2. Approve an amendment to the Solid Waste Agreement with Waste Pro of Florida
Inc.
3. Award contract for Commercial Beach Mobile Cart Vending Service Operation
Franchise for Food and Non -Alcoholic Beverages to H2O High Waterline Services, Inc.;
ensure consistency_ /compliance with Ordinance requirements; and authorize the City
Manager to sign contract for same, without need for further City Council approval:
A motion was made by Council Member Petsos, seconded by Council . Member
Walsh, to approve Consent Agenda Item Nos. 1 & 2. The motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For;
Mayor Randels, For; and Ms. Walsh, For.
Item #3 — Mr. Nicholas asked if this was the third vendor approved for Beach Vending.
City Manager Greene indicated this is the second award, as H20's prior award was not
completed. A motion was made by Council Member Morgan, seconded by Mayor
Pro Tem Hoog, to approve Consent Item No. 3. The motion carried 4-1 with voting
as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, Against;
Mayor Randels, For; and Ms. Walsh, For.
RESOLUTION:
4. Resolution 201'1-11, adopting a tentative proposed millage rate for the levy of ad
valorem taxes for Fiscal Year 2011/2012 on all taxable property located within the City
of Cape Canaveral, Brevard County, Florida; providing for an effective date: Mayor
Randels explained the importance of this Resolution. He referenced the Five Year
Capital Improvement Plan and explained the large expenditures being proposed. He
urged Council to use the Roll Back Rate of 4.6757 mills. Attorney Garganese read the
title of the Resolution into record and explained the Resolution sets the rate that will be
used for the notices to the property owners; two additional public hearings will be held in
September. He noted the Council cannot exceed the rate used in this Resolution
unless additional notices are sent to the property owners. The proposal to use the Roll
Back Rate was discussed and was not supported by the remaining members of the City
Council. A motion was made by Council Member Petsos, seconded by Council
Member Walsh, for approval of Resolution 2011-11. The motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For;
Mayor Randels, For; and Ms. Walsh, For.
ORDINANCE: First Public Hearing:
City of Cape Canaveral, Florida
City Council Regular Meeting
July 19, 2011
Page 3 of 5
5. Ordinance No. 05-2011, granting to Florida Power & Light Company, its successors
and assigns, an Electric Franchise imposing rovisions and conditions relating thereto
providing for monthly payments to the Ciproviding for the repeal of prior inconsistent
Ordinances and Resolutions, providing for qualified severability, providing for incorporation
into Appendix "A" of the City Code, and providing for an. „effective date: Attorney
Garganese read the title of the Ordinance into the record and indicated the City Manager
and he negotiated a 30 year agreement. Council Members' comments/concerns included:
the rates of FPL vs other providers in the state; removal of stub poles; repair of street lights
and poles that are leaning. Mr. Sandy Sanderson responded to the concerns and
explained there are 55 entities providing power and FPL has the lowest rates. He
explained when a new pole is needed, FPL installs one, moves over their own wires;
however the other utilities (cable and telephone) remain until the other lines can be moved.
FPL will come back and remove the remaining portion of the pole. During the length of the
agreement, the City is agreeing not to start an electrical utility; however, there is nothing in
the contract that prohibits anyone from using technology such as solar energy and excess
power could be sold back to them. Mr. Sanderson reviewed the procedure changes for
street light repairs, which were previously a part of the operational repairs section.
Approximately 18 months ago, a separate department was created to concentrate on the
repairs within five to seven business days from the time FPL is notified. He expressed
sometimes lights go unreported and will remain out for a considerable length of time. He
encouraged residents to report street light outages directly to FPL either via their website
or by phone using the number in the phone book. City Staff is to add how to report a
streetlight outage to the City Website. A motion was made by Council Member
Petsos, seconded by Council Member Morgan, for approval of Ordinance 05-2011.
The public hearing was opened. No comments were received and the public hearing was
closed. The motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For;
Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For.
DISCUSSION:
6. Approve_ Contract Task Order #1 with Raftelis Financial Consultants, Inc. for
Wastewater Rate Sufficiency Study (Wastewater User Rate Review):. Council concerns
or comments included: the use of professionals to correct the rate structure; the prior
comments related to the disproportionate rates between commercial and residential
customers; the past work to ensure the rates support the expenditures; whether
reclaimed water would be studied as well and whether to charge for reclaimed water as
well. Mr. Tom Hermansen and Mr. Roger Dobson spoke in favor of the study and
hoped the inequities in the current system are corrected. Mr. Greene indicated this
study will include reclaimed water and will be provided to the City Council with enough
time to review, prior to adoption. A motion was made by Council Member Walsh,
seconded by Council Member Petsos, for approval. The motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For;
Mayor Randels, For; and Ms. Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
July 19, 2011
Page 4 of 5
7. Approve implementation of the Parking Meter program at each Presidential street
beach end and at the beach end in Harbor Heights, including identified support systems
and making the meter system purchase utilizing the Ft. Lauderdale contract with Digital
Payment Technologies Corp.: Discussion of the proposed program ensued and
included: whether a no cost pass will be available for residents and whether more than
one pass will be issued to those who have more than one vehicle; the fees/costs for use
of the parking facilities; the type, cost, use and maintenance of a golf cart; the use of the
Sheriff's Department personnel for enforcement; the lease and maintenance of the
meters; that people will park in the private parking lots of the Condominiums, as well as
along the rights of way, to avoid paying for parking. City Manager Greene indicated a
fee will be set for the parking pass and the City would recognize that property owners
pay taxes toward the service. A payment would be made from the General Fund to the
Parking Meter Fund on behalf of the property owner for the pass. He indicated this will
meet the grant conditions. Mr. Greene indicated an Ordinance will be presented to
establish the fees and charges for the program. Finance Director Bowers explained
more research will be done before a golf cart is purchased. She felt the use of a golf
cart would be efficient for travel, especially during very busy times. She explained the
COP's would be used to augment the enforcement program and staff members would
be hired to perform the enforcement activities. Commander Moros explained the COP's
are reluctant to perform the enforcement activities. Mr. Greene indicated the meters
would be purchased outright with General Funds and then repaid by the Parking Meter
Fund. Ms. Bowers noted private properties would have to post the properties and
indicate unauthorized vehicles will be towed, just as they have to do now. A motion
was made by Council Member Petsos, seconded by Council Member Morgan, for
approval. The discussion continued and included: the position of the City Attorney on
the proposed parking pass; a letter from FDEP indicating the transfer of monies from
the General Fund to the Parking Meter Fund is acceptable to the state; that the
ordinance would clarify the definition of a resident and who would qualify for a parking
pass; and the goal of the program is to have those who use the beach pay to support
those activities. Mr. Leo Nicholas requested clarification if meters would be installed at
Cherie Down Park. Ms. Bowers indicate the park is not owned by the City and they
would not be installed at the park. Ms. Arleen Dewitt expressed resentment over having
to pay for parking or obtaining a parking pass. She voiced concern over the capital
outlay of one quarter of a million dollars for this project and didn't want to see Cape
Canaveral become a mini Cocoa Beach. Ms. Shannon Roberts expressed concerns
that paying for parking removes the openness of the community. She urged Council to
find other revenue sources instead of the parking meter program. Additional Council
Member comments were received. The motion carried 3-2 with voting as follows:
Mayor Pro Tem Hoog, Against; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels,
Against; and Ms. Walsh, For.
8. Ratify the Composite City Manager Performance Evaluation and
discussion/determine how to proceed with the provisions of Section 2 SalarV and
Evaluation of the Employment Agreement between the City of Cape Canaveral and Cit
Manager David Greene. Mayor Randels explained the process used to evaluate the City
City of Cape Canaveral, Florida
City Council Regular Meeting
July 19, 2011
Page 5 of 5
Manager's performance included a self-evaluation performed by the City Manager;
individual reviews by each Council Member and the creation of a Composite Evaluation.
He read section 2 of the employment agreement. A motion was made by Mayor Pro
Tem Hoog, seconded by Council Member Walsh, for ratification of the Composite
Evaluation. The motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog,
For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For.
Council Member Morgan began the discussion of Section 2 of the Employment Agreement
by expressing his preference for a merit increase or a bonus/reward rather than an
increase in salary. Council Member Petsos noted his desire to reward the performance,
but to keep in mind the difficult times. He stated the City Manager is doing a fantastic job,
but was reluctant to offer a substantial amount. Council Member Walsh asked to clarify
whether this was a merit increase, which would increase the base pay, or a bonus.
Council Member Morgan stated he wanted it to be a bonus, not a salary increase. He
suggested the bonus be given in installments; one now, one in four months and the final
four months later in the amount of $20,000. Council Member Hoog suggested the amount
should be $21,000, which would be 7,000 for each installment. Council Member Walsh
and Attorney Garganese clarified the installments would be immediately (retro -active for
June contract anniversary), October and February 2012. Mayor Randels advocated for a
merit raise or increase in salary, as the salary is well below what is paid by other Cities and
then a percentage payment would be made into the retirement account. There was no
agreement by the other Council Members. City Manager Greene expressed his
appreciation of the City Council's recognition of his performance and thanked them for the
bonus being considered. Council Member Petsos stated his concerns that a 20+ percent
increase was too much when the rest of the employees received a maximum of 1.5%;
however, he did want to go on record as supporting a bonus to reward the excellent
performance. (Council Member Petsos left the meeting at 8:32 p.m., as he needed to
return to work.) Mayor Pro. Tem Hoog noted the new budget contains funding for a formal
Salary and Benefits Study; the City Manager's salary could be included in the study and
other adjustments made in the future. A motion was made by Council Member
Morgan, seconded by Mayor Pro Tem Hoog, that we give a bonus in the amount of
$29,000.00 broken down as we previously discussed. The motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, Absent;
Mayor Randels, For; and Ms. Walsh, For.
REPORTS:
9. Council: None
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:36 P.M.
Angela M. Apperson, MMC, City Clerk Rocky Randels, MAYOR
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/16/2011
Item No. 2
Subject: Approve Interlocal Agreement with Brevard County for the Development of
Alternate Total Maximum Daily Loads (TMDLs) and Approve Funds in the Amount of
$2,686 for the City's Share in the Completion of a Computer Modeling Study.
Department: Stormwater Fund
Summary: The Florida Department of Environmental Protection (FDEP) is in the final
stages of developing TMDLs for the Indian River Lagoon (including the Banana River
Aquatic Preserve). The final TMDLs will define the amount of nitrogen and phosphorous
that the City will be required to remove from stormwater prior to discharge to the
Banana River Aquatic Preserve. Based upon information provided by FDEP, it is
estimated that the final TMDLs will require a 70% - 80% reduction in nitrogen and
phosphorous concentrations in the City's stormwater runoff. These reductions will
require a substantial investment by the City for the foreseeable future to even begin to
meet the proposed TMDLs.
Staff from Brevard County (and consultants) have carefully analyzed the computer
modeling methods used by FDEP to develop TMDLs. It is apparent that some of the
input parameters to the computer model used by FDEP may have been "inappropriate".
As an example, FDEP defined the Cape Canaveral area as underlain by a clayey,
sandy soil. A more appropriate soil type for the Cape Canaveral area is a "beach sand"
soil, which has a much greater infiltration rate than a clayey, sandy soil. Therefore,
infiltration values and runoff coefficients are substantially different between the two soil
types and significantly impact the computer models (and final TMDLs).
Therefore, Brevard County has elected to undertake their own computer modeling study
to determine more appropriate TMDLs for the Indian River Lagoon — and thus reduce
the amount of funding required for future stormwater improvement projects. The total
cost of the study is $298,668. Brevard County is requesting that municipalities within the
County (1) enter into an Interlocal Agreement and (2) provide funding for the computer
modeling study (amount of funding based upon population and other factors). The
results of the proposed study will likely indicate that the FDEP required reductions in
nitrogen and phosphorous are much too high. When complete, the proposed study
results will be presented to FDEP for consideration. It is important to note that the TMDL
process will continue to move forward as the computer modeling study is completed. A
copy of the proposed Interlocal Agreement is included in the Attachment; a table
showing the proposed cost allocations for local municipalities is also included in the
Attachment.
Staff has determined that results of the computer modeling study proposed by Brevard
County will likely be beneficial to the City (and other Brevard County municipalities).
Reduced nitrogen and phosphorous removal requirements would save the City a
significant amount of future stormwater funds and reduce the number of stormwater
improvement projects.
City Council Meeting Date: 8/16/2011
Item No. .�
Continued
In addition, recent studies have shown that it is virtually impossible to reduce
stormwater concentrations of nitrogen and phosphorous by 70% - 80% (without turning
half of the City into a wet detention pond). Therefore, the ultimate goal of the proposed
computer modeling study is to present data to FDEP that justifies alternate TMDLs for
the Brevard County area, thus lowering the amount of nitrogen and phosphorous
required for removal from the City's stormwater runoff.
Submitting Department Director: Walter Bandish (� Date: S
Attachment(s):
Summary - Interlocal Agreement, Interlocal Agreement and Allocation of Estimated
Study Costs.
Financial Impact: The City's fee (including 20% contingency) is $2,686. This is a non -
budgeted project. There are sufficient reserve funds available from the Stormwater
Fund — a budget transfer will be required.
Reviewed by Finance Director: Andrea Bowers Date:
The City Manager recommends that City Counci!JaW the following action(s):
Approve Interlocal Agreement with Brevard County for the Development of Alternate
Total Maximum Daily Loads (TMDLs) and Approve Funds in the Amount of $2,686 for
the City's Share in the Completion of a Computer Modeling Study.
Approved by City Manager: David L. Greene c9 `V'� Date: VV -1 c
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
Tabled to Time Certain
SUMMARY — INDIAN RIVER LAGOON TMDL REVISION STUDY INTERLOCAL
AGREEMENT
• Setting the correct water quality standard to ensure a clean/healthy Indian River Lagoon (IRL) is of utmost
importance to the ecological/economic/aesthetic/recreational welfare of Brevard County's
residents/visitors.
• Goal of County/Municipalities is to find cost-effective measures for meeting mandated water quality
improvements for the IRL.
• County/Municipalities to assemble team of experts to immediately update/recommend revisions to
state/federal TMDL for the IRL.
• Goal of County/Municipalities is to present draft TMDL revision to FDEP/EPA before adoption of new
Numeric Nutrient Criteria (NNC).
• County/Municipalities desire a collective agreement to find solutions that are based on best science and to
reduce long-term costs.
• County/Municipalities seek to partner to make costs of new study manageable.
• County, through its Natural Resources Management Office, began Phase I, data gathering, for Study.
Parties agree to the following:
Statutory Authority: Agreement is considered an Interlocal Agreement per Florida Statutes.
Recitals: Above Recitals are true and correct.
Intent and Purpose: Provide a structure for financing cost of assembling a team of experts to reevaluate model input
data/seagrass studies used in previous calculation of TMDL levels for the IRL and produce a new
study/methodology for EPA to consider before setting new NNCs in fall of 2011. To achieve the Study's goals of
expediency/accuracy, County/Municipalities will share costs of Study. It is predicted that funds expended will lead
to major reductions in unfunded mandate responsibility of the separate jurisdictions in implementation of Basin
Management Action Plans (BMAPs) for the M.
Term: Agreement shall last until all Phases of Study are completed to satisfaction of county's Natural Resources
Management Office and all parties have met their reimbursement obligations. Agreement is effective upon
execution by all parties and recording by Clerk of Court of Brevard County.
Allocation of Costs:
Initial Study Costs — County has already commenced Phase I work; cost shall be deducted from County's
allocation of cost of project as stipulated in Exhibit A.
Allocation of Costs between County and Municipalities — Total estimated cost for Study is $248,668, paid in full
by County. Remaining parties will reimburse County in accordance with schedule in Exhibit A. Contributions
were calculated for each jurisdiction based on 2010 data from U.S. Census Bureau, modified to exclude population
from each jurisdiction that live in areas that do not drain to the M.
Contingency Cost — 20% has been added to Exhibit A for each party based on population/drainage numbers.
Contributions shall be payable by each party within 45 days after notice from County's Natural Resources
Management Office that such funds are required to complete the Study.
Total Cost Responsibility — Each Municipality is only responsible for payment to County of the cost plus 20%
contingency allocated to them as outlined in Exhibit A. Failure to pay by one Municipality will not cause
proportionate cost share of remaining Municipalities to increase.
Timetable of Pavment
Jurisdiction with Current Fiscal Year Available Funds — On or before 4/30/11, parties with funds available in
current FY will pay County 50% of their respective principal cost contributions as outlined in Exhibit A.
Required Budgeting — All parties covenant to budget in FY 11/12 funding for any unpaid balance due for their
respective principal contribution plus reserves sufficient to pay 20% contingency if, or as, needed. Each party
agrees to pay its respective principal cost balance to County within 60 days of date that notice of completion of
Study has been sent to participating Municipalities by County.
Unexpended Funds to be held in Trust — County shall hold any unexpended funds paid to it in trust for payment of
Study expenses under terms of contract with each Consultant. County may pay from its own funds its share of the
principal cost contribution before or at the time funds provided by other parties are expended for payment of Study
Consultants. If County's expenditures exceed its principal cost contribution, County may be reimbursed from funds
contributed by other parties, but only in amount of excess of County expenditure of its own funds over County's
principal cost contribution specified in Exhibit A. Any surplus funds held in trust for Brevard Municipalities shall
be proportionately reimbursed in same proportions of overall final cost as each Municipality's actual contribution to
overall total of Brevard Municipalities contributions actually made.
Administration of Study -- County, through its Natural Resources Management Office, is Administrator of Study
and shall assign Task Orders. It is County's responsibility to ensure that informational working group conferences
with Brevard Municipalities and Consultants occur at regular intervals.
Consultants are responsible for professional quality, technical accuracy, timely completion/coordination of all
geospatial/data analyses, reports and other services.
Consultants
• County has contracted with Jones Edmunds & Associates, Inc. to provide quality control/quality assurance
services to parties and other Consultants during the Study.
• County has contracted with Bussen-Mayer Engineering Group, Inc. for geospatial data collection/model
development services. Bussen-Mayer has subcontracted part of its responsibility to Applied Ecology, Inc.
• County has contracted with Pegasus Engineering for stormwater engineering services. Pegasus Engineering
has sub -contracted part of its responsibility to Environmental Research and Design, Inc.
• County has contracted with Dyer, Riddle, Mills & Precourt, Inc. to provide TMDL revisions.
Task Orders — Study will be completed in Phases and work will be completed by Consultants under separate Task
Orders.
Severability — If any portion of Agreement is held invalid or unconstitutional by court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision. Such holding shall not affect validity
of remaining portions of Agreement.
Notice - Notices shall be in writing and delivered personally/overnight courier/certified, postage prepaid, return
receipt requested/ or by facsimile with written confirmation. County shall be copied on all notices.
Waiver — Failure of one party to insist upon performance by another party of any provision in Agreement shall not
act as a waiver of party's right to later claim a failure to perform on part of the other or others.
Attachment
Interlocal Agreement and Allocation of
Estimated Study Costs
INDIAN RIVER LAGOON TMDL REVISION STUDY
INTERLOCAL AGREEMENT
This INTERLOCAL AGREEMENT for sharing of costs related to a study to revise the
Total Maximum Daily Load (TMDL) for the Indian River Lagoon (IRL) is made and entered
into this day of 2011, by and between, the BOARD OF COUNTY
COMISSIONERS OF BREVARD COUNTY, FLORIDA (hereinafter referred to as "County")
and the CITY OF CAPE CANAVERAL ("Cape Canaveral"), the CITY OF COCOA ("Cocoa" ),
the CITY OF COCOA BEACH ("Cocoa Beach"), the TOWN OF GRANT-VALKARIA
("Grant-Valkaria" ), the TOWN OF INDIALANTIC ("Indialantic"), the CITY OF INDIAN
HARBOUR BEACH ("Indian Harbour Beach"), the TOWN OF MALABAR ("Malabar"), the
CITY OF MELBOURNE ("Melbourne"), the TOWN OF MELBOURNE BEACH ("Melbourne
Beach"), the TOWN OF MELBOURNE VILLAGE ("Melbourne Village"), the CITY OF
PALM BAY ("Palm Bay"), the TOWN OF PALM SHORES ("Palm Shores"), the CITY OF
ROCKLEDGE ("Rockledge"), the CITY OF SATELLITE BEACH ("Satellite Beach"), the
CITY OF TITUSVILLE ("Titusville"), and the CITY OF WEST MELBOURNE ("West
Melbourne") (collectively the "Brevard Municipalities").
WITNESSETH:
WHEREAS, setting the right water quality standard to ensure a clean and healthy Indian River
Lagoon (IRL) is of utmost importance to the ecological, economic, aesthetic, and recreational
welfare of Brevard County's residents and visitors; and
WHEREAS, it is a goal of the County and the Brevard Municipalities to find cost-effective
measures for meeting the mandated water quality improvements for the IRL; and
WHEREAS, the County and the Brevard Municipalities seek to assemble a team of experts to
immediately update and recommend revisions to the state and federal TMDL for the IRL rather
than not know what level of compliance with the current standard will lead to the targeted level
of recovery for seagrass habitat; and
WHEREAS, it is a goal of the County and the Brevard Municipalities to have a draft TMDL
Revision to present to the Florida Department of Environmental Protection (FDEP) and the
Environmental Protection Agency (EPA) before the adoption of new Numeric Nutrient Criteria
(NNC), as defined in applicable state or federal laws and regulations; and
WHEREAS, the County and the Brevard Municipalities desire a collective agreement to find
solutions that are based on the best science and to reduce long -tern costs; and
WHEREAS, the County and the Brevard Municipalities seek to partner together to make costs
of the new study manageable; and
WHEREAS, the County through its Natural Resources Management Office has begun Phase I,
data gathering, for the Study; and
THEREFORE, it is mutually agreed between the parties as follows:
l.. STATUTORY AUTHORITY This Agreement shall be considered an Interlocal Agreement
pursuant to the authority of Section 163.01, Florida Statutes, hereinafter, referred to as
Agreement,
2. RECITALS The recitals contained above are true and correct.
3. INTENT AND PURPOSE The intent and purpose of this Agreement is to provide a structure
for financing the cost of assembling a team of experts to reevaluate model input data and
seagrass studies used in the previous calculation of TMDL levels for the IRL and produce a
new study and methodology for EFA to consider before setting new NNCs in the fall of 2011.
For the purposes of this Agreement, the term "Study" is defined as the composite work product
and report produced by the Consultants identified in Paragraph 9, below pursuant to approved
Task Orders. To achieve the Study's goals of expediency and accuracy, the County and the
Brevard Municipalities seek to partner by this Agreement in sharing the costs of this Study. It
is predicted that the funds expended for this Study will lead to major reductions in the
unfunded mandate responsibility of the separate jurisdictions in the implementation of Basin
Management Action Plans (BMAPs) for the IRL.
4. TERM The term of this Agreement shall last until all Phases of the Study are completed to
the satisfaction of Brevard County's Natural Resources Management Office and all parties
have met their reimbursement obligations under this Agreement. The Agreement shall
become effective upon execution by all parties and recording by the Clerk of Court of Brevard
County.
5. ALLOCATION OF COSTS
a. Initial Study Costs. The County has already ordered work to begin on Phase I of the
Study. The cost of this commencement of work, already paid for by the County, shall be
deducted from the County's allocation of the cost of the project as stipulated in Exhibit A.
b. Allocation of Costs between County and Municipalities. The total cost estimate for the
Study is $248,668 which will be paid in full by the County. The remaining parties to this
Agreement concur to reimburse the County in accordance with the principal cost
contribution schedule set forth in Exhibit A. The principal cost contributions determined in
Exhibit A were calculated for each jurisdiction based on the "Census Designated Places"
field of the 2010 data from the U.S. Census Bureau, modified to exclude population from
each jurisdiction that live in areas that do not drain to the M.
c. Contingency Cost. A 20% contingency cost contribution has been added to Exhibit A for
each party based on population and drainage numbers to ensure the completion of the Study
in the face of unforeseen events and additional expenses. These contingency cost
contributions, as stated in Exhibit A, shall only be payable by each party in their respective
amount within 45 days after notice from the County's Natural Resources Management
Office that such contingency funds are required to complete the Study.
2
d. Total Cost Responsibility. Each Municipality is only responsible for payment to the
County of the cost plus 20% contingency allocated to them as outlined in Exhibit A.
Failure to pay by one Municipality will not cause the proportionate cost share of the
remaining Municipalities to increase.
6. TIMETABLE OF PAYMENT
Jurisdictions with Current Fiscal Year Available Funds. On or before September 30, 2011,
those parties with funds available in the current fiscal year will pay to the County 50% of their
respective principal cost contributions as specified in the attached Exhibit A.
Required Budgeting. All parties covenant to budget in Fiscal Year 2011-2012 funding for
any unpaid balance due for their respective principal contribution plus reserves sufficient to
pay the 209/o contingency specified in Paragraph 5c., if or as needed. Each party agrees to
pay its respective principal cost balance to the County within 60 days of the date that a County
notice of completion of the Study has been sent to the participating Brevard Municipalities.
7. UNEXPENDED FUNDS TO BE HELD IN TRUST The County shall hold any
unexpended funds paid to it in accordance with Paragraphs 5 and 6 in trust for payment of the
expenses related to the completion of the Study as those expenses come due under the terms
of the contract with each Consultant. The County may pay from its own funds the County's
share of the principal cost contribution before or at the time funds provided by the other
parties are expended for the payment of Study Consultants. If the County's expenditures
exceed its principal cost contribution, as specified in Exhibit A, the County may be
reimbursed from funds contributed by the other parties, but only in the amount of the excess
of County expenditure of its own funds over the County's principal cost contribution specified
in Exhibit A. Any surplus funds held in trust for the Brevard Municipalities under this
Agreement shall be proportionately reimbursed in the same proportions of the overall final
cost as each Municipality' s actual contribution to the overall total of Brevard Municipalities
contributions actually made.
8. ADMINISTRATION OF STUDY The County, through its Natural Resources Management
Office, is the Administrator of the Study. The County shall assign Task Orders relating to the
Study work to be performed in accordance with the contracts with the participating
Consultants. It shall be the responsibility of the County to ensure that informational working
group conferences with the Brevard Municipalities and the Consultants occur at regular
intervals.
The Consultants are responsible for the professional quality, technical accuracy, timely
completion, and coordination of all geospatial and data analyses, reports and other services
related to completion of the Study and furnished by the Consultants under Task Order
addendums to this Agreement as in Paragraph 10.
9. CONSULTANTS
a. The County has contracted with Jones Edmunds and Associates, Inc. to provide quality
control and quality assurance services to the parties and the other Consultants during the
Study. The full duties of Jones Edmunds under this Agreement are outlined in the Task
Order executed by Jones Edmunds and the County.
b. The County has contracted with Bussen-Mayer Engineering Group, Inc. for geospatial
data collection and model development services. The full duties of Bussen-Mayer under
this Agreement are outlined in the Task Order executed by $ussen-Mayer and the County.
Bussen-Mayer has sub -contracted part of its responsibility in the project to Applied
Ecology, Inc. The sub -contractor's responsibilities are outlined in the Task Order.
c. The County has contracted with Pegasus Engineering for stormwater engineering services.
The full duties of Pegasus Engineering under this Agreement are outlined in the Task
Order executed by Pegasus Engineering and the County. Pegasus Engineering has sub-
contracted part of its responsibility in the project to Environmental Research and Design,
Inc. The sub -contractor's responsibilities are outlined in the Task Order.
d. The County has contracted with Dyer, Riddle, Mills & Precourt, Inc. (DRMP) to provide
the TMDL revisions. The full duties ofDRMP are outlined in the Task Order executed by
DRMP and the County.
e. County Commission minutes evidencing approval of the Consultants' contracts are
attached hereto as Exhibit B.
10. TASK ORDERS The Study will be completed in Phases. Work for all Phases of the Study
will be completed by the Consultants under separate Task Orders. Each Task Order once
executed by the County and the Consultant will become a part of this Agreement and subject
to the promises and covenants herein agreed to.
11. NUSCELLANEOi1S
a. This Agreement may be executed in one or more counterparts, each of which shall be
considered an original.
b. The headings used are for convenience only and they shall be disregarded in the
construction and interpretation of this Agreement.
c. The drafting of this Agreement constituted a joint effort of the parties and the
Agreement's interpretation shall assume that no party had no more input or influence
than any other. All words, terms, and conditions herein contained are to be read in
concert, each with the other, and a provision contained under one heading may be
considered to be equally applicable under another heading in the interpretation of this
Agreement.
al
d. This Agreement is solely for the benefit of the parties to this Agreement and no other
causes of action shall accrue upon or by reason hereof to or for the benefit of any third
parties.
12. SEVERABILITY If any section subsection, sentence, clause, phrase, or portion of this
Agreement is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision.
Such holding shall not affect the validity of the remaining portions of this Agreement.
13. NOTICE Any notice or other document required or allowed to be given pursuant to this
Agreement by any party to another shall be in writing and shall be delivered personally, or
by recognized overnight courier or sent by certified mail, postage prepaid, return receipt
requested, or by facsimile transmission with written confirmation. As Administrator of the
Study, Brevard County Natural Resources Management Office shall be copied on all notices
and other documents, either in hard copy or electronic format.
Any party may designate an alternate recipient as designee or successor at any time by
noticing the other parties. Parties may also request additional recipients be copied on
notices and other documents.
If to Brevard County, such notice shall be addressed to:
Howard Tipton, County Manager
2725 Judge Fran Jamieson Way
Viera, Florida 32940
If to Cape Canaveral, such notice shall be addressed to:
City of Cape Canaveral
David L. Greene, City Manager
105 Polk Avenue
Cape Canaveral, Florida 32920
If to Cocoa, such notice shall be addressed to:
City of Cocoa
Ric Holt, City Manager
65 Stone Street
Cocoa, Florida 32922
If to Cocoa Beach, such notice shall be addressed to:
City of Cocoa Beach
Charles Billias, City Manager
City Hall, 2 South Orlando Avenue
Cocoa Beach, Florida 32932
5
If to Grant Valkaria, such notice shall be addressed to:
Town of Grant Valkaria
Rick Hood, Town Manager
4240 US Highway 1
Grant, Florida 32949
If to Indialantic, such notice shall be addressed to:
Town of Indialantic
Christopher Chinault, Town Manager
216 5th Avenue
Indialantic, Florida 32903
If to Indian Harbour Beach, such notice shall be addressed to:
City of Indian Harbour Beach
Jackie Burnes, City Manager
2055 South Patrick Drive
Indian Harbour Beach, FL 32937
If to Malabar, such notice shall be addressed to:
Town of Malabar
Bonilyn Wilbanks, Town Administrator
2725 Malabar Road
Malabar, Florida 32950
If to Melbourne, such notice shall be addressed to:
City of Melbourne
Jack M. Schluckebier, City Manager
City Hall
900 East Strawbridge Avenue
Melbourne, Florida 32901
If to Melbourne Beach, such notice shall be addressed to:
Town of Melbourne Beach
Bill Hoskovec, Town Manager
507 Ocean Avenue
Melbourne Beach, Florida 32951
If to Melbourne Village, such notice shall be addressed to:
Town of Melbourne Village
Gail Griswold, Town Clerk
555 Hammock Road
Melbourne Village, FL 32904
,'1
If to Palm Bay, such notice shall be addressed to:
City of Palm Bay
Sue Hann, City Manager
120 Malabar Road
Palm Bay, Florida 32907
If to Palm Shores, such notice shall be addressed to:
Town of Palm Shores
Patricia J. Burke, MMC, Town Clerk
5030 Paul Hurtt Lane
Palm Shores, FL 32940
If to Rockledge, such notice shall be addressed to:
City of Rockledge
James P. McKnight, City Manager
1600 Huntington Lane
Rockledge, Florida 32955
If to Satellite Beach, such notice shall be addressed to:
City of Satellite Beach
Michael Crotty, City Manager
565 Cassia Boulevard
Satellite Beach, Florida 32937
If to Titusville, such notice shall be addressed to:
City of Titusville
Mark K. Ryan, City Manager
555 S. Washington Avenue
Titusville, Florida 32796
If to West Melbourne, such notice shall be addressed to:
City of West Melbourne
Scott Morgan, City Manager
2240 Minton Road
Second Floor
West Melbourne, Florida 32904
14. WAIVER Failure of one Party to insist upon performance by another Party of any
provision contained herein shall not act as a waiver of the Party's right to later claire a
failure to perform on the part of the other or others.
7
IN WITNESS WHEREOF, the ,parties have made and executed this Agreement on the
respective dates under each signature.
ATTEST: BREVARD COUNTY, FLORIDA by and
through its Board of County Commissioners
BY: BY:
Mitch Ncedelman, Clerk Robin L. Fisher, Chairman
As approved by the Board on
Approved as to legal form and content
County Attorney
ATTEST: CITY OF CAPE CANAVERAL
David L. Greene, City Manager
105 Polk Avenue
Cape Canaveral, Florida 32920
As approved by the Council on.
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Brevard COtritly, Florida -Clerk of the Court:: Minutes & Reconls Page I of 29
E_,thibit B
MAY 06, 200B REGULAR MEETING
MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
May 6, 2000
The Board of County Commissioners of Brevard County, Florida, met In regular session on May 26, 2048, at 9:20 a.m. in
the Government Center Commission Room, Building C, 2725 Judga Fran Jamieson Way, Vlera, Florida, Present were,
Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy
Busacca, and County Attorney Stott KnoX. Absent was: Commissioner Jackie Colon.
The Invocation was given by Commissioner Helen Voltz.
Commissioner Chuck Neilson led the assembly in the Pledge of Allegiance.
APPROVAL OF MIN RX
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the Minutes or the March 16, 2008
Regular meeting and the February 12, 2008 Special Meeting. Motion carried and ordered unanimously.
AUTHORIZE ADVERTISEMENT AND ACCEPTANCE OF PROPOSALS, APPOINT
SELECTION AND NEGOTIATING COMMITTEES, AUTHORIZE THE CHAIRMAN TO
EXECUTE AGREEMENTS, AND AUTHORIZE THE' COUNTY MANAGER TO EXECUTE
RENEWAL OPTIONS, RE: CONTINUING CONTRACTS FOR ECOLOGICAL,
ENMIRQNMENTAL, MMIl. Ie1JQINEERING,_AND-COASTAL ENGINEERING SERVICES
County Manager Peggy 0usacca stated there needs to be a change to the Item, some standard contract language was
left out or the Request for Qualifications; and requested the approval Include the addition of standard contract language
relating to Florid* Public Records Law, Protest Procedures, and Lobbying.
Motion by Commissloner Voltz, seconded by Commissioner Nelson, to authorize advertisement and acceptance of
continuing consultant proposals with addition of standard contract language relating to Florida Public Records law,
Protest Procedures, and Lobbying from qualified Tums for Ecological, Environmental, Civil EngtneeAng, and Coastal
Engineering services; appoint Selection and Negotiating Committees consisting or Natural Resourcts Management
Director Ernie Brown or designee, Parks and Recreation Director Don Lusk or designee, Solid Waste Management
Director Euripides Rodriguez or designee, Mosquito Control Director Craig Simmons or designee, Transportation
Engineering Director John Denninghoff or designee, Permitting and Enforcement Director Ed Lyon or designee, and
Utility Services Director Richard Martens or designee; authorize the Chairman to execute subsequent agreements with
the best
qualified firms; and designate authority to the County Manager to execute renewal options and amendments, contingent
upon County Attorney and Risk Management approval. I -lotion carded and ordered unanimously.
HAZARD MITIGATION GRANT CONTRACT WITH FLORIDA DIVISION OF EMERGENCY
MANAGEMENT, RE: COST SHARE FOR SARNO LAKES DRAINAGE IMPROVEMENTS
PROJECT
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Federally Funded Subgrant Agreement
with State of Florida, Division of Emergency management, accepting Sate cost -share for Sarno takes drainage
Improvements; and accept legal venue, attorney fee, and Jury trial provisions that are standard State contact language.
Motion carried and ordered unanimously.
TERMINATION AND RELEASE OF CONSERVATION EASEMENT, RE: WEINBURG
CENTER,ALStjEIHjR S FACILITY,
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve releasing the Welnburg Center from its
hitp:i/199.241.8.125iindcx.tfm?FuscActian=MinutcsRccords.Print&Bourdtviinute id=1039 72/2011
26
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/16/2011
Item No. 9
Subject: Approve donation of the 1978/91 Pierce Pumper to Monticello, Florida,
Volunteer Fire Department
Department: Canaveral Fire Rescue CFR
Summary: This City -owned vehicle no longer has value to (CFR). An attempt was
made to trade it in on the new one, but the dealer advised it had no re -sale value. In the
past, (CFR) has donated outdated equipment to needy Volunteer Fire departments. The
Monticello, Florida, Volunteer Fire Department has such a need. Their existing pumper
will not pass a pump test, and they do not have funds to purchase a vehicle. The Pierce
Pumper should get them by until they can obtain grant funding for a new one. I have
advised them that the life expectancy of this vehicle is very short. Monticello will be fully
responsible for the vehicle and its transportation. (CFR's) new truck is in Sanford and
will be delivered later this week. The old truck will not be released until the new one is
fully operational.
Staff recommends that the City Council approve donation of the 1978/91 Pierce Pumper
to Monticello, Florida, Volunteer Fire Department.
Submitting Department Director: Dave Sargeant_,�p Date: 08/01/2011
Attachment(s): E-mail from Assistant Chief Mike Long, Monticello, Florida, Volunteer
Fire Department
Financial Impact: There will be a $30,000 Book Value that wiybe written off at year-
end.
Reviewed by Finance Director: Andrea Bowers Date: 01411,
The City Manager recommends that City Council t;VMonticello,
he following action(s):
Approve donation of the 1978/91 Pierce Pumper to Florida, Volunteer
Fire Department.
Approved by City Manager: David L. Greene Dom- Date: $Iy[.,I
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Kim McIntire
From: Dave Sargeant <dsargeant@ccvfd.org>
Sent: Monday, August 01, 2011 1:50 PM
To: Kim McIntire
Subject: FW: Possible Donation of a Fire Truck to Monticello Volunteer Fire Department
From: longlongml@aol.com [mailto:longlongmWaol.com]
Sent: Tuesday, July 26, 2011 10:06 PM
To: Dave Sargeant
Subject: Fwd: Possible Donation of a Fire Truck to Monticello Volunteer Fire Department
-----Original Message -----
From: longlongml <longlongml(�aol.com>
To: dsargent <dsargent(cDccvd.org>
Cc: elawrence00 <elawrence00i�embargmail.com>
Sent: Tue, Jul 26, 2011 10:01 pm
Subject: Possible Donation of a Fire Truck to Monticello Volunteer Fire Department
Chief Sargent:
It was a pleasure to meet with you at the Fire Chiefs meeting. The idea that you may be able to help us upgrade our
engine is a blessing for us. You helped us several years ago with a brush truck which proved invaluable service. Our
engine has failed the pump test for the third time and we have been unable to get a grant to replace it. We are providing
the best service to the city residents we can but always have in the back of our minds that there could be a potential pump
failure.
The city just had to put in a new sewage and water treatmet plant which impacted their ability to help us with a
truck. They know we are attempting to find a solution to locate a truck that is more reliable until we can obtain a grant.
Monticello has a population of 2533 and we have a fire department budget of $25,490 of which $8,000 goes into paying
off our station. We averge about 100 runs per year. Our primary coverage area is the city of monticello with a secondary
response of five square miles around the city of Monticello. We also respond mutual aid anywhere in the Jefferson
County at the request of the county.
Our current engine has a pump that is no longer made and parts are not available. We got a price to replace the pump
and they wanted between $20,000 and $25,000. There is no way we can replace the pump in this truck and have any
funds left to match any kind of grant we might get at some future date. We have to keep going with what we have if we
are to improve our protection long term.
If there is anyway that you can help us by donating the truck you are replacing you will be helping us do our job safely
and help the city find a way to work with us to provide a truck in the future.
If you are able to donate the truck to Monticello Volunteer Fire Department it would be titled to the City of Monticello for
our use. Thanks for considreing us in our time of need.
If I can answer any further questions or provide any additional information please let me know.
Mike Long, Assistant Chief
Monticello Volunteer Fire Department
850-443-4412
425 North Mulberry Street
Monticello, Florida 32344
Population of Monticello for 2010 is 2533
Fire Dept. Budget for 2010/2011 $25,490.00
# of runs last year 70
Coverage area --A five square mile radius of Monticello
cost to repair E-2 about $20,000.00
This email and any attached files are confidential and intended solely for the intended recipient(s). If you are not the
named recipient you should not read, distribute, copy or alter this email. Any views or opinions expressed in this email
are those of the author and do not represent those of the company. Warning: Although precautions have been taken to
make sure no viruses are present in this email, the company cannot accept responsibility for any loss or damage that
arise from the use of this email or attachments.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/16/2011
Item No. 4Z
Subject: Approve Interlocal Agreement for City's participation in the Brevard County
Public Entity Purchasing Cooperative
Department: Finance
Summary: Utilizing the "Florida Interlocal Cooperation Act of 1969" established in the
Florida statutes, public entities within Brevard County have determined to enter into a
cooperative to make the most efficient use of existing purchasing power. This
Cooperative is open to all public entities within Brevard County. Cape Canaveral has
participated in development of the Cooperative from its inception. When the purchasing
power of the County, School Board and numerous municipalities pool their purchasing
needs, it is expected that a better price per unit will be the result.
• This Cooperative is not, nor will it ever be, a separate legal entity.
• Participation in a purchase is voluntary and the City has the freedom to choose
which cooperative purchases it will participate in to realize the best value for its
tax dollars.
• Once the City determines to participate in a purchase, it is bound to that specific
purchase only.
• The City intends to utilize this Cooperative to purchase fuel, chemicals, office
supplies, janitorial, paper products and the like.
Submitting Department Director: Andrea Bowers, Finance Director Date: 7/28111
Attachment(s):
1. Summary - Interlocal Agreement Cooperative Purchasing
2. Interlocal Agreement Cooperative Purchasing
3. Procedures for Cooperative Solicitations
Financial Impact: The financial impact is unknown at this time. The City will not
participate in a Cooperative purchase without an expectation of cost savings, due to the
economies of scale. If a savings is not expected, the i 11 continue to purchase the
required product on the open market. N,
Reviewed b Cit Treasurer: Andrea Bower Date: 3 i�
The City Manager recommends that City Co ake the following actions :
Approve Interlocal Agreement for City's participation in the Brevard County Public Entity
Purchasing Cooperative.
Approved by City Manager: David L. Greene L`) "Its Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
SUMMARY- INTERLOCAL AGREEMENT COOPERATIVE PURCHASING
Purpose
• Develop cooperative relationships among participants for the purpose of seeking responses to
solicitations which may result in lower costs to group participants on commonly used commodities,
better quality of products and lower administrative costs for group participants.
Promote interchange of information on common purchasing problems, changes in laws and
standards/specifications.
• Advance purchasing professionalism through exchange of ideas/experience.
Brevard County Public Entity Purchasing cooperative: Each party designates a person to act as its
representative. Representatives shall meet to establish procedures to implcment/effectuate purposes of this
Agreement and to amend procedures from time to time by a vote of a majority of the representatives.
Cooperative Requirements
• Representatives shall attend/participate in meetings of the Cooperative for the above referenced
purposes.
• Representatives shall meet in Brevard County no less than six times in a calendar year for the
purpose of discussing purchasing opportunities. When purchasing cooperatively, representatives
will decide upon a lead entity for a particular procurement.
• Each entity shall have one vote on matters concerning the Cooperative.
• When an entity representative agrees to participate in a Cooperative solicitation, the participating
entity shall act in good faith and consistency with applicable policies of the Cooperative in deciding
whether to issue an award and/or contract. If there is a conflict between the policies of the
Cooperative and participating entity, the participating entity's policies shall govern the participating
entity. Decisions regarding awards/contracts shall be subject to the sole and absolute discretion of
the respective entity's governing body. Parties acknowledge that failure to use the contract could
jeopardize the other participating agencies prices/services due to decreased volume, misinformation
to vendor or other related problems connected with the contract.
• Any representative who commits his/her entity to participate in a Cooperative solicitation will make
every attempt to support the Cooperative award based on compliance with their organization
policies, and be subject to approval/disapproval by the respective entity's governing body.
• Each party or its representative shall decide whether or not to participate in a collaborative
procurement.
• To conduct business, a quorum for meetings of the Cooperative shall be one half plus one of total
number of representatives who are members of the Cooperative.
Lead Entity: All parties shall communicate details on any particular procurement in a timely fashion to Lead
Entity who shall be responsible for any formal, competitive procurement process. Lead Entity shall
allow participating parties to review bid documentation prior to posting.
Party ReResponsibility: Once an award is made by the Lead Entity, each party shall be responsible for entering
into a contract, issuing purchase order, placing order, providing tax exemption certificate and payment.
Individual Contracts/Purchase Orders: None of the participating governmental entities shall be
deemed/construed to be a party to any contract executed by and between any other governmental entity and
the contractor(s) as a result of any procurement action or to any purchase order issued by another
governmental entity.
Term: Shall begin upon execution of Agreement and will continue until terminated by any party, without
cause or penalty, upon not less than 30 days prior written notice to other parties.
No Waiver of Sovereign Immunity: Nothing contained in Agreement is intended to serve as a waiver of
sovereign immunity by any entity to which sovereign immunity may be applicable.
Third Party Beneficiaries: Parties agree that there are no third party beneficiaries to this Agreement and no
third party shall be entitled to assert a claim against any of the parties based upon this Agreement.
Records: Each party shall maintain its own records/documents associated with this Agreement according to
public records retention requirements. Each party shall be responsible for compliance with any public
documents request and any resultant award of attorney's fees for non-compliance with that law.
Entire Agreement: This document incorporates/includes all prior negotiations, correspondence,
conversations, agreements and understandings applicable to matters contained herein; parties agree there are
no commitments/agreements/understandings concerning subject matter of this Agreement that are not
contained in this document. Parties agree that no deviation from terms hereof shall be inferred from any
prior representations/agreements, oral or written.
Amendments: No amendment shall be effective unless contained in a written document similar to this
Agreement and executed by each party. New entities may execute a signature page without further action and
participating parties will be given notice within 30 days of execution of signature page.
Preparation of Agreement: Parties obtained competent advice/counsel to form a full and complete
understanding of rights/obligations herein and preparation of this Agreement has been a joint effort. The
agreed to language shall not be construed more severely against or in favor of one of the parties than the
other.
Compliance with Laws: Each party shall comply with all applicable laws/codes/rules/regulations in
performing its duties/responsibilities/obligations pursuant to this Agreement.
Governing Law: This Agreement shall be interpreted by laws of the State of Florida and federal law. Any
legal problems arising out of this Agreement and any enforcement/interpretation shall be submitted to
jurisdiction of the state courts in Brevard County. Prior to bringing any action, parties shall submit
controversies/legal problems to a group consisting of legal counsel or designee of each party. If group is
unable to resolve the controversy within 30 days, the matter shall be submitted to mediation within 30 days
thereafter. Parties may bring an action if mediation does not resolve the controversy.
Legal Fees: Each party shall bear its own legal fees/costs.
Severability: If one or more of the Agreement's provisions is held to be
invalid/illegal/unlawful/unenforceable/void, than that provision shall not affect any other provision and this
Agreement shall be considered as if any invalid/illegal/unlawful/unenforceable/void provision had never
been included.
Notice: If parties desire to give notice to the other, such notice must be in writing and shall be effective if
sent by US Mail, first class postage prepaid, certified or registered, return receipt requested.
Authority: Each party entering into this Agreement, warrants that he/she has full legal power to execute this
Agreement on behalf of the party for whom he/she is signing and to bind/obligate such party with respect to
all provisions contained in this Agreement.
Execution/Participation: Execution of this Agreement does not obligate any party to participate/issue
purchase orders/incur any cost/obligation, except as the party may agree with respect to a particular
procurement.
Original Agreement: This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, and all of which shall constitute but one and the same instrument.
INTERLOCAL AGREEMENT
COOPERATIVE PURCHASING
This Interlocal agreement ("Agreement") is made and entered into as of the date of the last party
to sign and is by and between public entities (i.e., Municipalities, Counties, School Boards, State
Agencies, etc) within Brevard County. Participation in this Agreement is voluntary and is open to public
entity representatives involved in governmental purchasing and materials management within Brevard
County, Florida.
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of
1969", authorizes local governmental units to make the most efficient use of their powers by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide services
and facilities in a manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs of local communities; and
WHEREAS, the parties agree that it is desirable to cooperate in the procurement of certain goods
and services to avoid duplicative procurement efforts and obtain the benefits of volume purchasing; and
WHEREAS, the parties have agreed that it is in the best interests of their respective citizens to
establish a cooperative purchasing arrangement that will be known as the Brevard County Public Entity
Purchasing Cooperative.
WHEREAS, the Agreement establishes a cooperative arrangement by which the cooperating
parties may undertake collaborative procurement. The Agreement does not, and the parties do not intend
to, create a separate legal entity to accomplish the purposes of this Agreement.
WHEREAS, the number of entities who are a party to this agreement may vary from time to time
based on a given entity's date of execution or based on a given entity's decision to terminate its
participation in the Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein,
the parties agree as follows:
1. Purpose. The Brevard County Public Entity Purchasing Cooperative, hereinafter "Brevard
Purchasing Cooperative" or "Cooperative", is created for the following purposes:
a. To develop cooperative relationships among its participants for the purpose of seeking
responses to solicitations which may result in lower costs to group participants on commonly
used commodities, better quality of products and lower administrative costs.
b. To promote the interchange of information on common purchasing problems, changes in laws
and standards and specifications;
c. To advance purchasing professionalism through the exchange of ideas and experience-
2. Brevard County Public Entity Purchasing Cooperative. The parties agree that each of the parties
shall respectively designate a person to act as its representative under the direction of, and on
behalf of, the designating party. Unless a party designates a different person in writing, all other
parties shall be entitled to presume such representative is the Director or Manager of Purchasing
for such parry, or their designee. The representatives shall meet to establish procedures to
implement and effectuate the purposes of this Agreement, and to amend those procedures from
time to time, by a vote of a majority(or more) of the representatives.
1
3. Cooperative Requirements.
a. The representatives shall attend and participate in meetings of the Cooperative for the
purposes -set forth in Paragraph 1 above.
b. The parties' representatives shall meet at times and in places in Brevard County that are
convenient to the representatives, but no less than six times in a calendar year, for the
purpose of discussing purchasing opportunities. When purchasing cooperatively, the
representatives will decide upon a lead entity for a particular procurement.
c. Each entity shall have one vote on matters concerning the Cooperative.
d. When an entity representative commits quantities and agrees to participate in a Cooperative
solicitation, the participating entity shall act in good faithand consistency with all applicable
policies of the Cooperative and of the respective participating entity in deciding whether to
issue and award and/or contract. In the event there is a conflict between the policies of the
Cooperative and the participating entity, the participating entity's policies shall govern the
participating entity. Decisions regarding awards and contracts shall be subject to the sole
and absolute discretion of the respective entity's governing body. The parties acknowledge
that failure to use the contract could jeopardize the other participating agencies prices and
services, due to decreased volume, misinformation to the vendor, or other related problems
connected with the contract.
e. An entity representative who commits his/her entity to participate in a Cooperative solicitation
will make every attempt to support the Cooperative award. However, the member's ability to
support the award must be based on compliance with their organizational policies, and be
subject to approval by the respective entity's governing body which approval or disapproval
shall be in the governing body's sole and absolute discretion.
f. Each party or its representative to this Agreement shall decide whether to participate in any
collaborative procurement and may decline to participate in any particular procurement.
g. In order to conduct business, a quorum for the meetings of the Cooperative, shall be one half
plus one ('/ plus 1) of the total number of representatives who are members of the
Cooperative.
4. Lead Entity. The lead entity shall be responsible for any formal, competitive procurement process
that may be required for a particular procurement. All parties shall communicate requirements and
estimated quantities on any particular procurement to the lead entity in a timely fashion. The lead
entity shall give a reasonable opportunity to the participating parties to review the bid
documentation before posting.
5. Party Responsibility. In the procurement of goods and services under this Agreement, once an
award is made by the lead entity, each party shall be responsible for entering into a contract,
issuing its own purchase orders, and/or for order placement. Each entity will require separate
billings, be responsible for payment to the contractor(s) awarded pursuant to the purchasing
arrangement, and issue its own tax exemption certificates as may be required by the contractor.
6. Individual Contracts and Purchase Orders. None of the participating governmental entities shall
be deemed or construed to be a party to any contract executed by and between any other
PJ
governmental entity and the contractor(s) as a result of any procurement action related to this
Agreement, or to any purchase order issued by another governmental entity.
7. Term. The Agreement shall begin upon execution of this Agreement and will continue until
terminated by any party as to its participation in this Agreement without cause or penalty, upon not
less than 30 days prior written notice to the other parties. The other parties may continue under
the terms of the Agreement, or terminate participation as provided herein.
8. No Waiver of Sovereign Immunity. Nothing contained in this Agreement is intended to serve as a
waiver of sovereign immunity by any entity to which sovereign immunity may be applicable.
9. Third Party Beneficiaries. Parties expressly acknowledge that it is not their intent to create or
confer any rights or obligations to or on any third person or entity under this Agreement. None of
the parties intends to directly or substantially benefit a third party by this Agreement. The parties
agree that there are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against any of the parties based upon this Agreement. Nothing herein
shall be construed as consent by an entity or political subdivision of the State of Florida to be sued
by third parties in any manner arising out of any contract.
10. Records. Each party shall maintain its own respective records and documents associated with this
Agreement in accordance with the records retention requirements applicable to public records.
Each party shall be responsible for compliance with any public documents request served upon it
pursuant to section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-
compliance with that law.
11. Entire Agreement. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements and understandings applicable to the 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, the parties agree that no deviation from the terms hereof shall be inferred
from any prior representations or agreements, whether oral or written.
12. Amendments. No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the same or similar
formality as this Agreement and executed by each party hereto, except as otherwise provided
herein. New entities who wish to participate in this Agreement may execute a signature page to
this Agreement appropriate to the entity and thereafter become a party to the Agreement without
further action. All participating parties shall be given notice of any new participants within 30 days
of the execution of the signature page by the new party. Any party that wishes to terminate its
participation in this Agreement shall give written notice to each of the other parties to the
Agreement.
13. Preparation of Agreement. The parties acknowledge that they have sought and obtained whatever
competent advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this Agreement has
been their joint effort. The language agreed to herein express their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against,
or in favor of, one of the parties than the other.
_r
14. Compliance with Laws. Each party shall comply with all applicable federal and state laws, codes,
rules and regulations in performing its duties, responsibilities and obligations pursuant to this
Agreement.
15. Governing Law. This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida and federal law. Any controversy or legal problems
arising out of this Agreement and any action involving the enforcement or interpretation of any
rights hereunder shall be submitted to the jurisdiction of the state courts in Brevard County,
Florida. Prior to bringing any action, however, the parties shall submit any such controversies and
legal problems to a group consisting of legal counsel or designee of each party. If such group is
unable to resolve the controversy within 30 days, the matter shall be submitted to mediation within
30 days thereafter. Parties may bring an action if mediation does not resolve the controversy.
16. Legal Fees. In the event of any legal action to enforce the terms of this Agreement, each party
shall bear its own legal fees and costs.
17. Severability. In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, unlawful, unenforceable or void in any respect, the invalid,
illegal, unlawful, unenforceable or void nature of that provision shall not affect any other provision
and this Agreement shall be considered as if such invalid, illegal, unlawful, unenforceable or void
provision had never been included herein.
18. Notice. When any of the parties desire to give notice to the other, such notice must be in writing,
addressed to the party for whom it is intended at the place last specified. The parties may
change the address set forth below by giving notice under the terms of this paragraph. Notice
shall be effective if sent by U.S. Mail, first class postage prepaid, certified or registered, return
receipt requested and addressed to the parties.
19. Authority. Each party entering into this Agreement warrants that he or she has full legal power to
execute this Agreement on behalf of the party for whom he or she is signing, and to bind and
obligate such party with respect to all provisions contained in this Agreement.
20. Execution/Participation. Execution of this Agreement does not obligate any party to participate,
issue purchase orders or to otherwise or in any manner incur any cost or obligation, except as the
party may agree with respect to a particular procurement.
21. Original Agreement. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which shall constitute but one and the same instrument.
END OF PAGE
4
TO BE COMPLETED BY COOPERATIVE MEMBER:
The listed entity desires to participate as a member of the Brevard County Public Entity Purchasing
Cooperative in accordance with the Interlocal Agreement for Cooperative Purchasing:
(Name of Public Entity)
By: Date:
(signature of authorized official of Cooperative Member)
(printed name and title of authorized official)
Cooperative Member Representative:
(Name)
(Telephone)
(Fax)
(Email)
PROCEDURES FOR COOPERATIVE SOLICITATIONS
The following are procedures to be followed by the purchasing departmentldivision/office of all
COOPERATIVE members when acting for the Cooperative:
MEMBERSHIP
Membership in the Cooperative is open to all public entities within Brevard County which are involved in
governmental purchasing and materials management. The purpose of the membership is to engage in
cooperative purchasing opportunities. Membership is a prerequisite to participation in any Cooperative
solicitation or award. However, participation in any Cooperative solicitation is voluntary.
OFFICERS
Recognizing that each participating entity may not be able to act as a Lead Entity in a cooperative
procurement effort, the opportunity to participate in the organization's operation can be achieved through
acting in a capacity of Officer of the organization. With the intent of creating a "shared responsibility"
amongst participating entities, Officer positions will be assigned annually, through a rotation process as
follows:
1. Officer assignment rotations will be made every year at the last meeting of the calendar year.
2. The term of office for all positions will be for a period of one year, January through December.
3. Succession will be treated as follows:
a. If the Chairperson is unable to complete the full term, the Vice -Chairperson will become
Chairperson.
b. A vacancy in any other office will be filled by rotating in the next available entity
representative
OFFICER RESPONSIBILITIES
The following are the position descriptions and duties:
Chairperson:
1. Shall preside over all meetings
2. Shall represent the group, when required
3. Shall have signature authority for all official Cooperative correspondence
4. Shall assign tasks to members, as required
5. Shall initiate membership drives and coordinate steps to attract new members
6. Shall have the deciding vote, in case of a tie, whenever voting will determine the outcome
7. Shall insure that the list of Cooperative solicitations and awards are current and distributed to
members
Vice Chairperson:
1 Shall perform all duties of the Chairperson in hislor her absence
2 Shall perform other duties as assigned by the Chairperson
Secretary:
1. Shall maintain a written record of the proceedings of all meetings
2. Shall give notice to members of all future meetings, and provide copies of meeting minutes to group
members
3. Shall conduct the general correspondence of the organization and keep records of same
4. Shall have primary responsibility for maintaining a current membership list
5. Shall perform other duties as assigned by the Chairperson
LEAD ENTITY RESPONSIBILITIES
The following are procedures to be followed by all Cooperative members when acting as a "Lead Entity"
for the COOPERATIVE:
1. The Lead Entity will be designated by the COOPERATIVE representatives as the responsible
entity that releases the solicitation for the COOPERATIVE. If the Lead Entity is unable to assume
responsibility for administering, renewing or rebidding on behalf of the COOPERATIVE, the
COOPERATIVE representatives may elect to select an alternate Lead Entity to assume the
responsibility.
2. Responsibilities of the Lead Entity:
■ Survey all COOPERATIVE representatives to solicit the following information:
1. Intention to participate
2. Estimated volume or dollar value to be spent during the year (in good faith)
3. Alternate products or brands
4. Types and models
5. Any special prod uctstservices or requirements which any party/representative wishes
to be included in the solicitation
6. Delivery locations
7. Sources
8. Expiration date of current contracts
■ Lead will summarize all survey results. If the survey information is ambiguous or unclear,
the Lead Agency will attempt to obtain clarification.
■ Prior to distribution of the solicitation, a final specification draft will be submitted to all
participating Cooperative representatives for review with a list of potential suppliers.
■ Once the final draft is approved, the Lead Entity will distribute the solicitation. Adequate
time will be provided for responses to solicitations; usually a four (4) week period is
desired (one week for distribution to potential suppliers, two weeks for preparation of
solicitation, and one week for response return mail).
■ The Lead Entity is responsible for advising all group members of the day, date and time
of due date for responses to solicitations.
■ In cases where an Evaluation/Negotiation Committee is required, the Lead Entity shall be
responsible for forming a committee of 3 or more voting members with knowledge of the
goods or services to be procured, to include representing participating agencies.
Membership on this committee shall be determined by the Lead Entity.
■ The Lead Entity will tabulate all responses to solicitations in the time specified in Lead
Entity protest procedures. This includes indicating on the tabulation any exceptions to
the specifications, or conditions of the solicitation which have been taken by any
respondent, converting all units of measure to a common unit of measure and price. In
addition, any special pages or appendices submitted by a respondent shall be
reproduced and attached to the spreadsheet when presented to the COOPERATIVE
members.
■ A cover page will accompany the spreadsheet(s) and attachments which will indicate the
apparent lowest respondent, and state any exceptions to the solicitation. The
spreadsheet, cover letter, and attachments shall be provided to each member, time
permitting, prior to the next scheduled meeting to afford each member the opportunity to
review the spreadsheets.
■ The Lead Entity will recommend an award to the group in accordance with the solicitation
specifications and evaluation/award criteria. When recommending award of
COOPERATIVE solicitations, the Lead Entity shall recommend the lowest and best
bid/proposal from a responsive and responsible respondent. It will be the responsibility of
the Lead Entity to advise the recommended vendor(s) in writing, of the action. This letter
will indicate the date of contract expiration, telephone number, fax number and vendor
contact for each participating entity. A copy of this letter will be provided to
COOPERATIVE members at the next scheduled meeting, or transmitted utilizing the
participant's distribution list, if necessary.
■ The Lead Entity will be responsible for handling any protests regarding an intended
award and will use its respective protest procedures in administering the protest process.
Contract item/service. The Lead Entity shall notify the COOPERATIVE of the contract
expiration not less than 120 days prior to the expiration date. The Lead Entity will provide
the COOPERATIVE with any changes in the market environment which may affect
consideration of a renewal. All contract renewals will be subject to approval by a majority
of participating Agencies. If the majority of participating Agencies determine that a
renewal is not in the best interest of the participating COOPERATIVE members and that
the contract is to be re -solicited, the lead Entity shall proceed with the solicitation process
including sending a survey to all COOPERATIVE members.
CONTRACT ADMINISTRATION
Each participating entity shall award and administer the contract in accordance with its own policies and
procedures. Each entity shall issue its own purchase order or contract, and shall be billed directly by the
awarded vendor for the contract items or services received.
It is understood that at no time will the COOPERATIVE as a whole, or any member of the
COOPERATIVE, be obligated for placing any orders on behalf of any other member of the
COOPERATIVE; nor will the COOPERATIVE as a whole, or any member of the COOPERATIVE, be
responsible for any bills incurred by any other member of the COOPERATIVE.
Participating entities will receive, inspect, and test products on an individual basis.
When non -conforming shipments occur, COOPERATIVE members will seek their own remedies and
advise the Lead Entity of any contract problems by use of a "Vendor Complaint Form" to be supplied by
Lead Entity. Written documentation of poor or unsatisfactory vendor performance should be provided to
the Lead Entity with a detailed explanation of the type of problem, action taken and resolution of the
problem, if applicable. The Vendor Complaint Form will be retained by the Lead Entity with the
COOPERATIVE contract file, and may be used in future evaluations of solicitations, or if the contract
should be terminated for cause.
DISSOLUTION
In the event of dissolution of the Brevard County Public Entity Purchasing Cooperative, all records of the
COOPERATIVE solicitations, awards, and contracts will remain the property of the respective Lead Entity
responsible for the issuance and administration of the specific solicitation.
t
VENDOR COMPLIMENT/COMPLAINT
DATE:
VENDOR NAME:
ADDRESS:
TELEPHONE NUMBER
❑ DELIVERY NOT MADE
ON DATE PROMISED
❑ DELIVERY MADE AT
UNSATISFACTORY HOUR
PURCHASE ORDER #
FAX#: _
NATURE OF COMPLAINT
❑ QUALITY OF COMMODITY
IN INFERIOR
❑ UNAUTHORIZED SUBSTITUTE
DELIVERED BY VENDOR
❑
IMPROPER METHOD OF
❑
UNAUTHORIZED DELIVERY
DELIVERY
MADE BEFORE ISSUANCE OF
ORDER
❑
DELIVERY MADE TO
❑
UNSATISFACTORY
WRONG DESTINATION
WORKMANSHIP
❑
DELIVERY IN DAMAGED
F-1
WORK PERFORMED DOES
CONDITION
NOT MEET SPECIFICATIONS
DESCRIPTION OF COMPLAINT/COMPLIMENT:
USER ENTITY _
TELEPHONE NUMBER
ADDRESS
PRINTED NAME
FAX#:
SIGNATURE
F] INVOICE PRICE HIGHER
THAN AUTHORIZED
❑ WEIGHT RECEIVED AT
VARIANCE WITH
INVOICE
❑ QUANTITY DELIVERED
LESS THAN ORDERED
❑ QUANTITY DELIVERED
IN EXCESS ORDERED
MAIL CODE:
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 8/16/2011
Item No. -6-
Subject: Ordinance No. 05-2011, granting to Florida Power & Light Company, its
successors and assigns, an Electric Franchise, imposing provisions and conditions
relating thereto, providing for monthly payments to the City; providing for the repeal of
prior inconsistent Ordinances and Resolutions, providing for qualified severability,
providing for incorporation into Appendix "A" of the City Code, and providing for an
effective date.
Department: Administration
Summary: A Franchise Agreement is utilized when a company installs its equipment
in the right-of-way to provide a service to the City. The Agreement sets forth terms and
conditions, as well as compensation, for the use of the right-of-way and other
considerations.
On December 15, 1981, the City Council granted a 30 year franchise to FPL for the
purposes of supplying electricity to the City. Terms are set forth in Ordinance No. 25-
81, passed and adopted on December 15, 1981, and FPL's written acceptance dated
December 28, 1981. FPL and the City desire to enter into a New Franchise Agreement
prior to the expiration of the Current Franchise Agreement.
The City Attorney's Office and City Manager negotiated the New Franchise Agreement,
which has been changed substantially from the 1981 Agreement. A detailed summary
of the new agreement is attached. The Franchise Fee is 6%.
City Council approved Ordinance 05-2011 at first reading on July 19, 2011. The Notice
of Hearing for the Ordinance was published in the Florida Today newspaper on July 22,
2011. The Ordinance is presented for second reading and final adoption.
M -
Submitting Department Director: Angela Apperson Date: 07-26-2011
Attachment(s): Appendix "A", Article ll, Electric; Summary of Franchise Agreement,
Ordinance 05-2011 and proof of publishing.
Financial Impact: Based upon projections, there will be an approximate $33,870
increase in revenues to the City resulting from this AgreeZ,
Reviewed by Finance Director: Andrea Bowers Date: '71a 7 111
The City Manager recommends that City Council tae the following acn(s):
Adopt Ordinance 05-2011 at second reading.
Approved by City Manager: David L. Greene V-Vd. Date: o !1
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ j Approved with Modifications
] Tabled to Time Certain
§ 28
CAPE CANAVERAL CODE
b. Upon completion of the system upgrade
contemplated in section 8, the grantee, at the
city's option, shall designate a channel for govern-
mental use (hereafter referred to as government
access channel), or provide up to 12 hours of air
time for governmental use per week. If required,
the government access channel will be provided,
as technically possible, to the subscribers within
the franchised area as part of the basic cable
service offered by the grantee. Utilization of this
channel by the city shall be in accordance with all
applicable federal, state and local laws and is in
addition to grantee's obligation under the Act to
carry qualified noncommercial educational televi-
sion stations. The grantee is specifically not re-
quired to provide a government access channel
unless so requested by the city. Any segment of
the government access channel established for
the city shall be under sole control of the city. Any
city programming must meet technical standards
of grantee.
c. If technically feasible, the grantee, at the
city's option, may lease a channel within the cable
system for the transmission of voice, data, video
telemetry or other services between city facilities
served by the grantee. It will be the city's respon-
sibility to provide all equipment necessary to
provide bandwidth management and signal prep-
aration, transmission and reception. The grantee
reserves the right to set technical standards and
specifications for this equipment consistent with
maintaining adequate signal quality and protec-
tion of all signals in the system from interference.
(Ord. No. 38-94, § 28, 11-1-94)
Section 29. Severability.
If any section, subsection, sentence, clause,
phrase, or portion of this ordinance is for any
reason held to be unconstitutional or invalid by
any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and indepen-
dent provision and such holding shall not affect
the validity of the remaining portions hereof.
(Ord. No. 38-94, § 29, 11-1-94)
Adopted by the City Council of the City of Cape
Canaveral, Brevard County, Florida, this 1st day
of November, 1994.
/s/ Joy C. Salamone
Mayor
ATTEST:
/s/ Faith G. Miller
City Clerk
Approved as to Form:
/s/ Patrick F. Healy
City Attorney
Accepted:
FLORIDA DIVISION
OF TIME WARNER
CABLE, A DIVISION
OF TIME WARNER
ENTERTAINMENT
COMPANY, L.P.
/s/ William H. Brown
President
ARTICLE II. ELECTRIC*
AN ORDINANCE GRANTING TO FLORIDA
POWER & LIGHT COMPANY, ITS SUCCES-
SORS AND ASSIGNS AN ELECTRIC FRAN-
CHISE, IMPOSING PROVISIONS AND CONDI-
TIONS RELATING THERETO, PROVIDING FOR
MONTHLY PAYMENTS TO THE CITY OF CAPE
CANAVERAL, AND PROVIDING FOR AN EF-
FECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL:
Section I. [Grant.)
There is hereby granted to Florida Power &
Light Company (herein called the "grantee"), its
successors and assigns, the nonexclusive right,
*Editor's note—Printed herein is the electric franchise,
as adopted by Ordinance Number 25-81 on December 15,
1981. Amendments to the franchise are indicated by paren-
thetical history notes following amended provisions. The ab-
sence of a history note indicates that the provision remains
unchanged from the original franchise. Obvious misspellings
and punctuation errors have been corrected without notation.
For stylistic purposes, a uniform system of headings, catchlines,
capitalization, citation to state statutes, and expression of
numbers in text has been used to conform to the Code of
Ordinances. Additions made for clarity are indicated by brack-
ets.
Cross reference—Public service tax, § 70-26 et seq.
Supp. No. 7 CDA -14
APPEN]7IX A—FRANCHISES
privilege or franchise to construct, maintain and
operate in, under, upon, over and across the
present and future streets, alleys, bridges, ease-
ments and other public places in the City of Cape
Canaveral, Florida (herein called the "grantor")
and its successors, in accordance with established
practice with respect to electrical construction
and maintenance, for the period of 30 years from
the date of acceptance hereof, electric light and
power facilities (including conduits, poles, wires
and transmission lines, and, for its own use,
telephone and telegraph lines) for the purpose of
suptlying electricity to the grantor and its succes-
sors, and inhabitants thereof, and persons and
corporations beyond the limits thereof.
Section 2. [Acceptance by grantee.]
As a condition precedent to the taking effect of
this grant, the grantee shall have filed its accep-
tance hereof with the grantor's clerk within 30
days hereof.
Section 3. [Location of facilities.]
The facilities of the grantee shall be so located
or relocated and so erected as to interfere as little
as possible with traffic over said streets, alleys,
bridges and public places, and with reasonable
egress from and ingress to abutting property. The
location or relocation of all facilities shall be made
under the supervision and with the approval of
such representatives as the governing body of the
grantor may designate for the purpose, but not so
as to unreasonably interfere with the proper
operation of the grantee's facilities and service.
When any portion of a street is excavated by the
grantee in the location or relocation of any of its
facilities, the portion of the street so excavated
shall, within a reasonable time and as early as
practicable after such excavation, be replaced by
the grantee at its expense and in a condition as
good as it was at the time of such excavation.
Section 4. [Liability.]
Grantor shall in no way be liable or responsible
for any accident or damage that may occur in the
construction, operation or maintenance by the
grantee of its facilities hereunder, and the accep-
tance of this ordinance shall be deemed an agree -
Supp. No. 7
§7
went on the part of the grantee to indemnify the
grantor and hold it harmless against any and all
liability, loss, cost, damage_ or expense which may
accrue to the grantor by reason of the negligence,
default or misconduct of the grantee in the con-
struction, operation or maintenance of its facili-
ties hereunder.
Section 5. [Rates, rules and regulations.]
All rates and rules and regulations established
by the grantee from time to time shall at all times
be reasonable and the grantee's rates for electric-
ity shall at all times be subject to such regulation
as may be provided by law.
Section 6. [Amount of payments by grantee
to grantor.]
No later than 60 days after the first anniver-
sary date of this grant, and no later than 60 days
after each succeeding anniversary date of this
grant, the grantee, its successors and assigns,
shall have paid to the grantor and its successors
an amount which added to the amount of all taxes
as assessed, levied, or imposed (without regard to
any discount for early payment or any interest or
penalty for late payment), licenses, and other
impositions levied or imposed by the grantor upon
the grantee's electric property, business, or oper-
ations, and those of the grantee's electric subsid-
iaries for the preceding tax year, will equal six
percent of the grantee's revenues from the sale of
electrical energy to residential, commercial and
industrial customers within the corporate limits
of the grantor for the 12 fiscal months preceding
the applicable anniversary date.
Section 7. [Monthly payments.]
Payment of the amount to be paid to the
grantor by the grantee under the terms of section
6 hereof shall be made in advance by estimated
monthly installments commencing 90 days after
the effective date of this grant. Each estimated
monthly installment shah be calculated on the
basis of 90 percent of the grantee's revenues (as
defined in section 6) for the monthly billing period
ending 60 days prior to each scheduled monthly
payment. The final installment for each fiscal
year of this grant shall be adjusted to reflect any
CDA:15
§7
CAPE CANAVERAL CODE
underpayment or overpayment resulting from es-
timated monthly installments made for said fiscal
year.
Section 8. [Competition by grantor.]
As a further consideration of this franchise, the
grantor agrees not to engage in the business of
distributing and selling electricity during the life
of this franchise or any extension thereof in
competition with the grantee, its successors and
assigns.
Section 9. Work6iture.]
Failure on the part of the grantee to comply in
any substantial respect with any of the provisions
of this ordinance shall be grounds for forfeiture of
this grant, but no such forfeiture shall take effect
if the reasonableness or propriety thereof is pro-
tested by the grantee until a court of competent
jurisdiction (with right of appeal in either party)
shall have found that the grantee has failed to
comply in a substantial respect with any of the
provisions of this franchise, and the grantee shall
have six months after the final determination of
the question to make good the default before a
Section 12. [Effective date.]
forfeiture shall result with the right in the grantor
at its discretion to grant such additional time to
the grantee for compliance as necessities in the
case require.
Section 10. [Validity.]
Should any section or provision of this ordi-
nance or any portion hereof be declared by a court
of competent jurisdiction to be invalid, such deci-
sion shall not affect the validity, of the remainder
as a whole or as to any part, other than the part
declared to be invalid.
Section 11. [Repeal of conflicting ordinanc-
es.]
All ordinances and parts of ordinances in con-
flict herewith be and the same are hereby re-
pealed. The previous franchise agreement with
Florida Power & Light now referred to as chapter
419 of the City Code of the City of Cape Canaveral,
Florida, is hereby repealed and is replaced by this
franchise agreement which shall be known as
chapter 419 of the City Code of the City of Cape
Canaveral, Florida.
This ordinance shall take effect on the date upon which the grantee files its acceptance.
PASSED first reading this 3 day of December, 1981.
PASSED second and final reading this 15 day of December, 1981.
Isl
MAYOR
Attest:
YES
NO
CALVERT
X
Approved as to form:
HARRIS
X
MURPHY
X
/s/
NICHOLAS
X
City Attorney
RUTHERFORD
X
/s/
City Clerk
Supp. No. 7 CDA:16
SUMMARY OF FRANCHISE AGREEMENT
There is currently in effect a franchise agreement between the City and FPL, the terms of which
are set forth in Ordinance No. 25-81, passed and adopted on December 15, 1981, and FPL's
written acceptance dated December 28, 1981.
FPL and the City desire to enter into a new agreement providing for the payment of fees to the
City in exchange for the nonexclusive right and privilege of supplying electricity and other
directly electric -related services within the City free of competition from the City.
The City and FPL stipulate and agree that the franchise fee is reasonably related to the value that
FPL receives from the City's agreement not to compete for FPL's use of the City's public rights-
of-way, and the value of other consideration as set forth in this Ordinance.
City Council deems it to be in the best interest of the City and its citizens to enter into the New
Franchise Agreement prior to expiration of the Current Franchise Agreement.
Section 1. Grant of Electric Utility Franchise; Term of Franchise
The City grants to FPL, its successors/assigns for a period of thirty (30) years, the
nonexclusive right, to construct, operate and maintain in the City of Cape Canaveral, electric
light and power facilities, including conduits, poles, wires, transmission and distribution
lines, and all other facilities installed in conjunction with or ancillary to all of FPL's
operations for the purpose of supplying electricity and other directly electric -related services
to the City and its inhabitants. This is intended to provide a franchise for provision of
electric and directly electric -related services. It is not intended to be a grant or franchise for
placement/construction of gas lines or for fiber optics.
Section 2. Facilities Requirements
(a) Facilities of FPL shall be located, relocated, installed, constructed or erected as to
not unreasonably interfere with the use or the maintenance, improvement, extension or
expansion of any public "road" as defined under the Florida Transportation Code, nor
unreasonably interfere with reasonable egress from and ingress to abutting property.
(b) Location, relocation, installation, construction or erection of all facilities shall be
as representatives of the City may prescribe in accordance with applicable federal, state and
local statutes, laws, ordinances, rules and regulations with respect to utilities' use of public
rights-of-way. Rules and regulations shall be:
(i) for a valid municipal purpose,
(ii) shall not prohibit the exercise of FPL's right to use public rights-of-way,
(iii) shall not unreasonably interfere with FPL's ability to furnish electric
service to its customers while not conflicting with standards set forth
above, or
(iv) shall not require relocation of any of FPL's facilities installed before or
after its effective date in any public right -or -way unless or until the
facilities unreasonably interfere with the convenient, safe, or continuous
use, or maintenance, improvement, realignment, extension or expansion,
of such public "road".
(c) Such rules and regulations shall recognize that above -grade facilities of FPL
installed after the Agreement's effective date should be installed near the outer boundaries of
the public rights-of-way to the extent possible. The installation shall be consistent with
FDOT's Manual of Uniform Minimum Standards for Design, Construction and Maintenance
for Streets and Highways.
(d) When any public right-of-way is excavated, damaged or impaired by FPL, the
portion excavated, damaged or impaired shall, within a reasonable time and as early as
practicable after such excavation, be restored to its original condition.
(e) If the City requires removal/relocation of FPL's facilities because the facilities
interfere with standards set forth in subsection (a) above, and FPL fails to remove/relocate
such facilities at its expense within thirty (30) days after written notice, then the City may
proceed to cause the facilities to be removed/relocated and the expense charged to FPL.
(f) The City shall not be Iiable to FPL for any costlexpense incurred in connection
with relocation of any of FPL's facilities; however, FPL maybe entitled to reimbursement of
its costs/expenses from others and as provided by law.
Section 3. Indemnification
The City is in no way liable/responsible for any accident/damage that may occur in the
construction, operation or maintenance by FPL of its facilities. Acceptance of this Ordinance
on the part of FPL indemnifies the City, its officers, agents, attorneys, servants, employees,
or contractors and holds it harmless against any and all liability/loss. Indemnity includes not
only the costs, expenses and attorneys' fees incurred by the City in defense of any third
party's claim, it also includes costs, expenses and attorneys' fees incurred by the City in the
event it must enforce the terms of this indemnity prior to and during litigation including trial,
post trial and appellate proceedings. Indemnity shall survive termination of this franchise for
incidents, acts or events, or for acts undertaken by FPL, which take place during the term of
this franchise.
Section 4. Rates. Rules and ReL-ulations of Grantee
Rates, rules/regulations established by FPL must be reasonable and not in conflict with those
provided by law.
Section 5. Franchise Fee
Commencing (90) days after the effective date of this Agreement and each month thereafter,
an amount which added to the amount of all licenses, excises, fees, charges and other
impositions of any kind whatsoever (except ad valorem property taxes and non -ad valorem
tax assessments on property) levied or imposed by the City, will equal 6.0 percent of FPL's
billed revenues, less actual write-offs, from the sale of electrical energy to residential,
commercial and industrial customers within the City for the monthly billing period ending 60
days prior to each such payment.
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The City understands/agrees that such revenues do not include: (a) revenues from sale of
electrical energy for Public Street and Highway Lighting, (b) revenues from Other Sales to
Public Authorities, (c) revenues from Sales to Railroads/Railways, (d) revenues from Sales
for Resale (service to other utilities for resale purposes), (e) franchise fees, (f) Late Payment
Charges, (g) Field Collection Charges, (h) other service charges.
Section 6. Most Favored Nations
If during the term of this Franchise FPL enters into a franchise agreement with any other
municipality located in Brevard County or within any contiguous county where the number
of FPL's active electrical customers is equal to or less than the number of active electrical
customers within the City, terms of which provide for payment of franchise fees by FPL at a
rate greater that 6% of FPL's residential, commercial and industrial revenues, FPL, upon the
City's written request, shall negotiate and enter into a new franchise agreement in which the
percentage to be used in calculating monthly payments under Section 5 shall be equal to that
which FPL has agreed to use as a basis for calculation of payments to such other
municipality, provided that such new franchise agreement includes benefits to FPL, in
addition to all benefits provided herein, at least equal to those provided by its franchise
agreement with such other municipality.
Section 7. Non -Com etition by Grantor
The City agrees (a) not to distribute or sell, in competition with FPL, electric capacity and/or
electric energy to any ultimate consumer of electric utility service or to any electrical
distribution system established solely to serve any retail customer formerly served by FPL,
(b) not to participate in a contractual arrangement which would obligate FPL to transmit
and/or distribute electric capacity and/or electric energy from any third party(ies) to any other
retail customer's facility(ies), and (c) not to seek to have FPL transmit and/or distribute
electric capacity and/or electric energy generated by or on behalf of the City at one location
to any other location(s). Nothing shall prohibit the City from engaging with other utilities or
persons in wholesale transactions subject to the provisions of the Federal Power Act.
Nothing herein shall prohibit the City, if permitted by law, (i) from purchasing electric
capacity and/or electric energy from any other person, or (ii) from seeking to have FPL
transmit and/or distribute to any facility(ies) of the City electric capacity and/or electric
energy purchased by the City from any other person; provided that before the City elects to
purchase electric capacity and/or electric energy from any other person, the City shall notify
FPL. Such notice shall include a summary of the specific rates, terms and conditions which
have been offered by the other person and identify City's facilities to be served under the
offer. FPL shall have 90 days to evaluate the offer and, if FPL offers rates, terms/conditions
which are equal to or better than those offered by the other person, the City is obligated to
continue to purchase from FPL electric capacity and/or electric energy to serve the
previously-identified facilities of the City for a term no shorter than that offered by the other
person. If FPL does not agree to rates, terms/conditions which equal or better the other offer,
the City may proceed with the offered sale and purchase arrangement. The terms/conditions
of this Franchise shall remain in effect except as printed in the Agreement.
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Section 8. Competitive Disadvantage; Termination by FPL
If the City grants a franchise to any other person or enables them to construct, operate or
maintain electric light/power facilities within any part of the City on terms which FPL
determines are more favorable, FPL may terminate this Franchise if such terms/conditions
are not remedied within the time period provided. FPL shall give the City at least 150 days
advance written notice of its intent to terminate. Such notice shall advise the City of such
terms/conditions that FPL considers more favorable. City shall have 150 days to
correct/remedy the terms/conditions complained of by FPL. If FPL determines that
terms/conditions are not remedied by the City within the time period, it may terminate the
Franchise Agreement by delivering written notice to the City Clerk. Termination is effective
on date of delivery.
Section 9. Legislative or Re u�ry Action
If as a consequence of any legislative/regulatory action any person is permitted to provide
electric service within the City to a customer then being served, or to any new applicant for
electric service within any part of the City and FPL determines that its obligations place it at
a competitive disadvantage with respect to such other person, FPL may terminate this
Franchise if such competitive disadvantage is not remedied within the time period provided.
City will then have 150 days to correct or remedy the competitive disadvantage. If the
disadvantage is not remedied within said time period, FPL may terminate this Franchise
Agreement by delivering written notice to the City Clerk. Termination is effective on the
date of delivery. Upon written request of the City within the 150 day notice period for a face
to face meeting between representatives, the parties shall meet in good faith prior to
terminating the Franchise. Northing contained herein shall be construed as constraining the
City's right to legally challenge FPL's determination of competitive disadvantage.
Section 10. Default by Grantee
Failure on the part of FPL to substantially comply with any of the provisions of this
Franchise shall be grounds for forfeiture, but no forfeiture shall take effect if its
reasonableness/propriety is protested by FPL until there is final determination by a court of
competent jurisdiction. FPL shall have six months after final determination to make good the
default before a forfeiture shall result.
Section 11. Default by Grantor
Failure on the part of the City to comply with any of the provisions of this Ordinance, shall
constitute breach of this Franchise and entitle FPL to withhold ail/part of its payments until
such time as a use permit is issued or a court of competent jurisdiction has reached a final
determination in the matter.
Section 12. Grantor's Right to Audit
(a) The City may, upon reasonable notice and within 180 days after each anniversary
date of this Franchise, examine records of FPL relating to calculation of the franchise
payment for the year preceding such anniversary date. The examination shall be during
normal business hours at FPL's office where such records are maintained. The City's right to
examine records of FPL shall not be conducted by any third party employed whose fee for
conducting such audit is contingent on its findings.
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The City may, upon reasonable notice given within one (1) year following FPL's acceptance
of the New Franchise Agreement, conduct a final audit of records relating to calculation of
the franchise payments that have been made to the City pursuant to the Current Franchise
Agreement. Other than any claims arising from alleged fraud, deceit, misrepresentation,
intentional withholding of information, or other similar intentional misconduct by FPL in
relation to calculation or remittance of the franchise payments under the Current Franchise
Agreement, the City waives, settles, and bars all claims relating to the amounts paid by FPL
under the Current Franchise Agreement.
Section 13. Renewable Energy
(a) The City and FPL recognize that it is in the best interests of the City, its residents,
businesses and inhabitants to reduce and control the growth rates of electric consumption; to
reduce the growth rates of weather-sensitive peak demand; to increase the overall efficiency
and cost-effectiveness of electricity production and use and to encourage further
development of demand-side renewable energy systems. To that end, each agrees to use their
best efforts to cooperatively work to promote incentives for customer-owned and utility
owned-energy efficiency and demand-side renewal energy intended to offset all or part of a
customer's electricity requirements.
(b) The City may, if permitted by law, (i) generate electric capacity and/or energy at
any facility it owns for storage/utilization at that facility or other facilities, operations or
equipment; (ii) use renewable energy sources to generate electric capacity and/or energy for
use in demonstration projects or at its facilities, operations or its equipment; and (iii) sell
electric capacity and/or energy to FPL or other wholesale purchaser in compliance with
applicable rules and regulations controlling such transactions.
Section 14. Undergrounding of Facilities
FPL understands/acknowledges that City policies strongly favor undergrounding of utilities
and improvement of safety/aesthetics. FPL has filed a Tariff and adopted a Mechanism for
Governmental Recovery of Undergrounding Fees (MGRUF), along with other
undergrounding tariffs. Requests by the City for undergrounding shall be implemented by
FPL in accordance with applicable tariffs.
Section 15. Smart Grid„ Technology
FPL acknowledges that City policies strongly favor widespread dissemination of meters
featuring "smart grid technology". If this technology is implemented by FPL, it shall utilize
its best efforts to provide City retail customers receipt of such technology.
Section 16. infrastructure Hardening
FPL understands/acknowledges that City policies strongly favor strengthening electric utility
infrastructure. Subject to FPSC or regulatory approval, FPL shall implement its
infrastructure hardening plan within the City's boundaries.
Section 17. Preferential or Discriminatory Practices Prohibited
All services rendered and all rules/regulations adopted by FPL shall have general application
to all persons and shall not subject any person to prejudice or disadvantage on account of
race, gender, religion, origin, physical condition or ethnicity.
Section 18. No Joint Venture
Nothing shall be deemed to create a joint venture/principal-agent relationship between the
parties.
Section 19. Notices
Notices from FPL to the City shall be sent to: City Manager, City of Cape Canaveral, 105
Polk Ave., Cape Canaveral, FL 32920. Notices from the City to FPL shall be sent to Florida
Power & Light Company, 700 Universe Blvd., Juno Beach, FL 33408, marked: Attention:
External Affairs.
Section 20. Captions
Captions to sections throughout this Ordinance are used to facilitate reading and reference to
the sections/provisions. Captions shall not affect the meaning/interpretation of the
Ordinance.
Section 21. Headings; Entire Agreement; Governing Law
Headings contained in this Ordinance are for reference purposes only and shall not affect the
meaning/interpretation of this Ordinance. This Ordinance constitutes the entire agreement
and supersedes all prior agreements and understandings, both written/oral, among the parties.
This Ordinance shall be governed in all respects by the laws of the State of Florida.
Section 22. Grantor's Rip,,hts of Intervention
The City and FPL acknowledge/agree that this Franchise in no way affects or impairs any
rights either party may otherwise possess under Florida law to intervene in any suit or
proceeding to which City or FPL is a party, concerning or involving the City's rights or
FPL's rights under this Ordinance.
Section 23. Jurisdiction and Venue
Parties agree that the state or federal courts located in the State of Florida have exclusive
jurisdiction over the parties, except insofar as the Florida Public Service Commission may
have concurrent or exclusive jurisdiction of matters addressed in this Franchise. For state
court actions, venue shall lie within Brevard County, and for federal court actions, venue
shall lie within the Middle District of Florida in Orlando. The City and FPL waive the right
to trial by jury in any action brought on this Ordinance or on any matter arising in connection
with it.
Section 24._Oualified Severability
If any part of this Ordinance is held invalid/unconstitutional, it in no way affects the validity
of its remaining portions. If any provision or Section is held invalid/unconstitutional, the
parties shall attempt to negotiate a new lawful agreement that restores its fundamental terms.
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In the event the parties are unable to reach a new lawful agreement, the Ordinance shall be
null and void and of no force and effect.
Section 25. Definition of "Person"
"Person" means an individual, a partnership, a corporation, a business trust, a joint stock
company, a trust, an incorporated association, a joint venture, a governmental authority or
any other entity of whatever nature.
Section 26. Repeal of Prior Inconsistent Ordinance, Resolutions and Agreements
Ordinance No. 25-81 and all other ordinances/parts of ordinances and all resolutions/parts of
resolutions in conflict herewith, are repealed.
Section 27. Incorporation into Code
This Ordinance shall be incorporated into "Appendix A" of the City Code.
Section 28, Effective Date
FPL must file its acceptance within 30 days of Ordinance adoption. The effective date of this
Ordinance is the date upon which FPL files its acceptance.
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ORDINANCE NO. 05-2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE,
IMPOSING PROVISIONS AND CONDITIONS RELATING
THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE
CITY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
PROVIDING FOR QUALIFIED SEVERABILITY, PROVIDING
FOR INCORPORATION INTO APPENDIX "A" OF THE CITY
CODE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council is granted the authority, under Section 2(b), Article
Vlll, of the State Constitution, to exercise power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, Section 166.021(1) provides that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal services, and may
exercise any power for municipal purposes except when expressly prohibited by law; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida recognizes
that the City of Cape Canaveral and its citizens need and desire the continued benefits of
electric service; and
WHEREAS, Florida Power & Light Company (FPL) is a public utility which has
the demonstrated ability to supply such services; and
WHEREAS, on December 15, 1981, the City Council granted a 30 year franchise
to Florida Power & Light Company (FPL) for the purpose of supplying electricity to the City
and for the other purposes stated therein; and
1
WHEREAS, there is currently in effect a franchise agreement between the City of
Cape Canaveral and FPL, the terms of which are set forth in City of Cape Canaveral
Ordinance No. 25-81, passed and adopted on December 15, 1981, and FPL's written
acceptance thereof dated December 28, 1981, granting to FPL, its successors and
assigns, a thirty (30) year electric franchise ("Current Franchise Agreement"); and
WHEREAS, FPL and the City of Cape Canaveral desire to enter into a new
agreement (New Franchise Agreement) providing for the payment of fees to the City of
Cape Canaveral in exchange for the nonexclusive right and privilege of supplying
electricity and other directly electric -related services within the City of Cape Canaveral free
of competition from the City of Cape Canaveral, pursuant to certain terms and conditions,
and
WHEREAS, the City and FPL stipulate and agree that the franchise fee identified
herein is reasonably related to the value that FPL receives from the City's agreement not
to compete under Section 7 hereof, the extent of FPL's use of the City's public rights-of-
way, and the value of other consideration as set forth in this Ordinance, and
WHEREAS, the City Council of the City of Cape Canaveral deems it to be in the
best interest of the City of Cape Canaveral and its citizens to enter into the New Franchise
Agreement prior to expiration of the Current Franchise Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA:
Section 1. Grant of Electric Utility Franchise, Term of Franchise. There is
hereby granted to Florida Power & Light Company, its successors and assigns (hereinafter
called the "Grantee"), for the period of thirty (30) years from the effective date hereof, the
2
nonexclusive right, privilege and franchise (hereinafter called "franchise") to construct,
operate and maintain, in accordance with the National Electrical Safety Code to the extent
applicable, in, under, upon, along, over and across the present and future roads, streets,
alleys, bridges, publicly dedicated rights-of-way, applicable publicly dedicated utility
easements and other public places (hereinafter called "public rights-of-way") in the City of
Cape Canaveral, Florida, and its successors (hereinafter called the "Grantor") throughout
all of Grantor's incorporated areas, as such incorporated areas may be constituted from
time to time, in accordance with the Grantee's customary practice with respect to
construction and maintenance, electric light and power facilities, including, without
limitation, conduits, poles, wires, transmission and distribution lines, and all other facilities
installed in conjunction with or ancillary to all of the Grantee's operations (hereinafter
called "facilities"), for the purpose of supplying electricity and other directly electric -related
services to the Grantor and its successors, the inhabitants thereof, and persons beyond
the limits thereof. This grant is intended to provide a franchise to Grantee for the provision
of electric and directly electric -related services, and is not intended to be a grant or
franchise for the placement or construction of gas lines or appurtenances thereto, or for
fiber optics or appurtenances thereto.
Section 2. Facilities Requirements.
(a) The facilities of Grantee shall be so located, relocated, installed, constructed
and so erected as to not unreasonably interfere with the convenient, safe, continuous use
or the maintenance, improvement, extension or expansion of any public "road" as defined
under the Florida Transportation Code, nor unreasonably interfere with reasonable egress
from and ingress to abutting property.
3
(b) To minimize conflicts with the standards set forth in subsection (a) above,
the location, relocation, installation, construction or erection of all facilities shall be made
as representatives of the Grantor may prescribe in accordance with all applicable federal,
state and local statutes, laws, ordinances, rules and regulations and pursuant to Grantor's
valid rules and regulations with respect to utilities' use of public rights-of-way relative to the
placing and maintaining, in, under, upon, along, over and across said public rights-of-way,
provided, such rules and regulations shall be:
(i) for a valid municipal purpose;
(ii) shall not prohibit the exercise of Grantee's right to use said
public rights-of-way for reasons other than conflict with the standards set forth above;
(iii) shall not unreasonably interfere with the Grantee's ability to
furnish reasonably sufficient, adequate and efficient electric service to all of its customers
while not conflicting with the standards set forth above; or
(iv) shall not require relocation of any of the Grantee's facilities
installed before or after the effective date hereof in any public right-of-way unless or until
the facilities unreasonably interfere with the convenient, safe, or continuous use, or the
maintenance, improvement, realignment, extension, or expansion, of such public "road".
(c) Such rules and regulations shall recognize that above -grade facilities of the
Grantee installed after the effective date hereof should, unless otherwise permitted, be
installed near the outer boundaries of the public rights-of-way to the extent possible and
such installation shall be consistent with the Florida Department of Transportation's
Manual of Uniform Minimum Standards for Design, Construction and Maintenance for
Streets and Highways.
n
(d) When any portion of a public right-of-way is excavated, damaged or
impaired by Grantee or any of its agents, contractors or subcontractors because of the
installation, inspection, or repair of any of its facilities, the portion so excavated, damaged
or impaired shall, within a reasonable time and as early as practicable after such
excavation, be restored to its original condition before such damage by the Grantee at
Grantee's expense.
(e) If Grantor requires the removal or relocation of Grantee's facilities because
the facilities interfere with the standards set forth in subsection (a) above, and Grantee
fails to remove or relocate such facilities at Grantee's expense within thirty (30) days after
written notice from Grantor, then Grantor may proceed to cause the facilities to be
removed or relocated and the expense therefore shall be charged against the Grantee.
(f) The Grantor shall not be liable to the Grantee for any cost or expense
incurred in connection with the relocation of any of the Grantee's facilities required under
this Section, except, however, that Grantee may be entitled to reimbursement of its costs
and expenses from others and as provided by law.
Section 3. indemnification. The Grantor shall in no way be liable or
responsible for any accident or damage that may occur in the construction, operation or
maintenance by Grantee of its facilities hereunder, and the acceptance of this ordinance
shall be deemed an agreement on the part of the Grantee, to indemnify Grantor, its
officers, agents, attorneys, servants, employees, or contractors and hold it harmless
against any and all liability, loss, costs, injuries (including death), damages, attorneys'
fees, or expense, which may accrue to, or be incurred by or charged against Grantor or
any of its officers, agents, attorneys, servants, employees, or contractors by reason of
5
installation, location, relocation, construction, reconstruction, operating, maintenance or
repair of Grantee's facilities or acts or omissions of negligence, gross negligence or
intentional torts, default or misconduct of the Grantee, its officers, directors, agents,
servants, employees, contractors, or subcontractors. The indemnity hereunder includes
not only the costs, expenses and attorneys' fees incurred by the Grantor in defense of any
third party's claim (prior to and during all phases of litigation, including trial and post trial
and appellate proceedings) and also includes the costs, expenses and attorneys' fees
incurred by the Grantor in the event it must enforce the terms of this indemnity prior to and
during all litigation including trial, post trial and appellate proceedings. This indemnity shall
survive termination of this franchise, but only for incidents, acts or events, or for acts
undertaken by Grantee, which take place during the term of this franchise.
Section 4. Rates Rules and Regulations of Grantee. All rates and rules and
regulations established by the Grantee from time to time shall at all times be reasonable,
subject to, and not in conflict with, such rules and regulations as may be provided by law.
Section S. Franchise Fee. As a consideration for this franchise, the Grantee
shall pay to the Grantor, commencing 90 days after the effective date hereof, and each
month thereafter for the remainder of the term of this franchise, an amount which added to
the amount of all licenses, excises, fees, charges and other impositions of any kind
whatsoever (except ad valorem property taxes and non -ad valorem tax assessments on
property) levied or imposed by the Grantor against the Grantee's property, business or
operations and those of its subsidiaries during the Grantee's monthly billing period ending
60 days prior to each such payment will equal 6.0 percent of the Grantee's billed
revenues, less actual write-offs, from the sale of electrical energy to residential,
9
commercial and industrial customers (as such customers are defined by FPL's tariff) within
the incorporated areas of the Grantor for the monthly billing period ending 60 days prior to
each such payment, and in no event shall payment for the rights and privileges granted
herein exceed 6.0 percent of such revenues for any monthly billing period of the Grantee.
The Grantor understands and agrees that such revenues as described in the
preceding paragraph are limited, as in the existing franchise Ordinance No. 25-81, to the
precise revenues described therein, and that such revenues do not include, by way of
example and not limitation: (a) revenues from the sale of electrical energy for Public
Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from
Other Sales to Public Authorities (service with eligibility restricted to governmental entities);
(c) revenues from Sales to Railroads and Railways (service supplied for propulsion of
electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for
resale purposes); (e) franchise fees; (f) Late Payment Charges; (g) Field Collection
Charges; (h) other service charges.
Section 6. Most Favored Nations. If during the term of this franchise the
Grantee enters into a franchise agreement with any other municipality located in Brevard
County, Florida, or within any contiguous county of Brevard County where the number of
Grantee's active electrical customers is equal to or less than the number of Grantee's
active electrical customers within the incorporated area of the Grantor, the terms of which
provide for the payment of franchise fees by the Grantee at a rate greater than 6.0% of the
Grantee's residential, commercial and industrial revenues (as such customers are defined
by FPL's tariff), under the same terms and conditions as specified in Section 5 hereof, the
Grantee, upon written request of the Grantor, shall negotiate and enter into a new
7
franchise agreement with the Grantor in which the percentage to be used in calculating
monthly payments under Section 5 hereof shall be equal to that percentage which the
Grantee has agreed to use as a basis for the calculation of payments to such other
municipality described above, provided, however, that such new franchise agreement shall
include benefits to the Grantee, in addition to all benefits provided herein, at least equal to
those provided by its franchise agreement with such other municipality described above.
Subject to all limitations, terms and conditions specified in the preceding sentence, the
Grantor shall have the sole discretion to determine the percentage to be used in
calculating monthly payments, and the Grantee shall have the sole discretion to determine
those benefits to which it would be entitled, under any such new franchise agreement.
Section 7. Non -Competition: by Grantor. As a further consideration, during
the term of this franchise or any extension thereof, the Grantor agrees: (a) not to engage
in the distribution and/or sale, in competition with the Grantee, of electric capacity and/or
electric energy to any ultimate consumer of electric utility service (herein called a "retail
customer") or to any electrical distribution system established solely to serve any retail
customer formerly served by the Grantee, (b) not to participate in any proceeding or
contractual arrangement, the purpose or terms of which would be to obligate the Grantee
to transmit and/or distribute, electric capacity and/or electric energy from any third
party(ies) to any other retail customer's facility(ies), and (c) not to seek to have the
Grantee transmit and/or distribute electric capacity and/or electric energy generated by or
on behalf of the Grantor at one location to the Grantor's facility(ies) at any other
location(s). Nothing specified herein shall prohibit the Grantor from engaging with other
8
utilities or persons in wholesale transactions which are subject to the provisions of the
Federal Power Act.
Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing
electric capacity and/or electric energy from any other person, or (ii) from seeking to have
the Grantee transmit and/or distribute to any facility(les) of the Grantor electric capacity
and/or electric energy purchased by the Grantor from any other person; provided,
however, that before the Grantor elects to purchase electric capacity and/or electric
energy from any other person, the Grantor shall notify the Grantee. Such notice shall
include a summary of the specific rates, terms and conditions which have been offered by
the other person and identify the Grantor's facilities to be served under the offer. The
Grantee shall thereafter have 90 days to evaluate the offer and, if the Grantee offers
rates, terms and conditions which are equal to or better than those offered by the other
person, the Grantor shall be obligated to continue to purchase from the Grantee electric
capacity and/or electric energy to serve the previously -identified facilities of the Grantor
for a term no shorter than that offered by the other person. If the Grantee does not agree
to rates, terms and conditions which equal or better the other person's offer, then Grantor
may proceed with the other person's offered sale and purchase arrangement and all of
the terms and conditions of this franchise shall remain in effect except as provided herein.
Section S. Competitive Disadvantage; Termination by Grantee. If the
Grantor grants a right, privilege or franchise to any other person or otherwise enables any
other such person to construct, operate or maintain electric light and power facilities within
any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve
or compete on terms and conditions which the Grantee determines are more favorable
than the terms and conditions contained herein, the Grantee may at any time thereafter
terminate this franchise if such terms and conditions are not remedied within the time
period provided hereafter. The Grantee shall give the Grantor at least 150 days advance
written notice of its intent to terminate. Such notice shall, without prejudice to any of the
rights reserved for the Grantee herein, advise the Grantor of such terms and conditions
that it considers more favorable. The Grantor shall then have 150 days in which to correct
or otherwise remedy the terms and conditions complained of by the Grantee. If the
Grantee determines that such terms or conditions are not remedied by the Grantor within
said time period, the Grantee may terminate this franchise agreement by delivering written
notice to the Grantor's Clerk and termination shall be effective on the date of delivery of
such notice.
Section 9. Legislative or Regulatory Action. If as a direct or indirect
consequence of any legislative, regulatory or other action by the United States of America
or the State of Florida (or any department, agency, authority, instrumentality or political
subdivision of either of them) any person is permitted to provide electric service within the
incorporated areas of the Grantor to a customer then being served by the Grantee, or to
any new applicant for electric service within any part of the incorporated areas of the
Grantor in which the Grantee may lawfully serve, and the Grantee reasonably determines
that its obligations hereunder, or otherwise resulting from this franchise in respect to rates
and service, place it at a competitive disadvantage with respect to such other person, the
Grantee may, at any time after the taking of such action, terminate this franchise if such
competitive disadvantage is not remedied within the time period provided hereafter. The
Grantee shall give the Grantor at least 150 days advance written notice of its intent to
iN
terminate. Such notice shall, without prejudice to any of the rights reserved for the
Grantee herein, advise the Grantor of the consequences of such action which resulted in
the competitive disadvantage. The Grantor shall then have 150 days in which to correct or
otherwise remedy the competitive disadvantage. If such competitive disadvantage is not
remedied by the Grantor within said time period, the Grantee may terminate this franchise
agreement by delivering written notice to the Grantor's Clerk and termination shall take
effect on the date of delivery of such notice. Notwithstanding the foregoing, upon written
request of the Grantor within the 150 day notice period for a face to face meeting between
representatives of the Grantor and Grantee, Grantee agrees that it shall meet in good faith
with Grantor prior to terminating the franchise. Nothing contained herein shall be
construed as constraining Grantor's right to legally challenge Grantee's reasonable
determination of competitive disadvantage leading to termination pursuant to Section 8
and/or 9 herein.
Section 10. Default by Grantee. Failure on the part of the Grantee to comply in
any substantial respect with any of the provisions of this franchise shall be grounds for
forfeiture, but no such forfeiture shall take effect if the reasonableness or propriety thereof
is protested by the Grantee until there is final determination (after the expiration or
exhaustion of all rights of appeal) by a court of competent jurisdiction that the Grantee has
failed to comply in a material respect with any of the provisions of this franchise, and the
Grantee shall have six months after such final determination to make good the default
before a forfeiture shall result with the right of the Grantor at its discretion to grant such
additional time to the Grantee for compliance as necessities in the case require.
11
Section 11. Default by Grantor. Failure on the part of the Grantor to comply in
substantial respect with any of the provisions of this ordinance, including but not limited to:
(a) denying the Grantee use of public rights-of-way for reasons other than unreasonable
interference with motor vehicular traffic; (b) imposing conditions for use of public rights-of-
way
ights-ofway contrary to Florida law or the terms and conditions of this franchise; (c) unreasonable
delay in issuing the Grantee a use permit, if any, to construct its facilities in public rights-of-
way, shall constitute breach of this franchise and entitle the Grantee to withhold all or part
of the payments provided for in Section 5 hereof until such time as a use permit is issued
or a court of competent jurisdiction has reached a final determination in the matter.
Section 12. Grantor's Right to Audit. The Grantor may, upon reasonable
notice and within 180 days after each anniversary date of this franchise, at the Grantor's
expense, examine the records of the Grantee relating to the calculation of the franchise
payment for the year preceding such anniversary date, Such examination shall be during
normal business hours at the Grantee's office where such records are maintained.
Records not prepared by the Grantee in the ordinary course of business may be provided
at the Grantor's expense and as the Grantor and the Grantee may agree in writing.
Information identifying the Grantee's customers by name or their electric consumption
shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit
findings, whether they decrease or increase payment to the Grantor, shall be reported to
the Grantee. The Grantor's right to examine the records of the Grantee in accordance
with this Section shall not be conducted by any third party employed by the Grantor whose
fee, in whole or part, for conducting such audit is contingent on findings of the audit.
12
Grantor may, upon reasonable notice given within one (1) year following the
Grantee's acceptance of the New Franchise Agreement, conduct a final audit of the
Grantee's records relating to the calculation of the franchise payments that have been
made to Grantor pursuant to the Current Franchise Agreement embodied in Ordinance
No. 25-81. Other than any claims arising from alleged fraud, deceit, misrepresentation,
intentional withholding of information, or other similar intentional misconduct by Grantee in
relation to the calculation or remittance of the franchise payments under the Current
Franchise Agreement, Grantor waives, settles, and bars all claims relating to the amounts
paid by the Grantee under the Current Franchise Agreement embodied in Ordinance
No. 25-81.
Section 13. Renewable Energy.
(a) Grantor and Grantee recognize that it is in the best interests of the City, its
residents, businesses and inhabitants thereof to reduce and control the growth rates of
electric consumption; to reduce the growth rates of weather -sensitive peak demand; to
increase the overall efficiency and cost-effectiveness of electricity production and use and
to encourage further development of demand-side renewable energy systems. To that
end Grantor and Grantee agree to use their best efforts to cooperatively work each with
the other to promote incentives for customer -owned and utility owned- energy efficiency
and demand-side renewable energy intended to offset all or part of a customer's electricity
requirements. Nothing contained in this franchise shall be construed as prohibiting or
impeding the residents, businesses, and inhabitants within the incorporated area of the
City from installing and using renewable energy systems provided the renewable energy
systems referred to are otherwise permitted by Florida law.
13
(b) Grantor may, if permitted by law, (i) generate electric capacity and/or energy
at any facility owned by the Grantor for storage or utilization at that facility or other Grantor
facilities, operations or equipment; (ii) use renewable energy sources to generate electric
capacity and/or energy for use in demonstration projects or at Grantor's facilities,
operations or its equipment; and (iii) sell electric capacity and/or energy to Grantee or
other wholesale purchaser in compliance with applicable rules and regulations controlling
such transactions.
Section 14. Undercirounding of Facilities. Grantee understands and
acknowledges that Grantor's policies strongly favor undergrounding of utilities and
improvement of safety and aesthetics. Grantee has filed a Tariff and has adopted a
Mechanism for Governmental Recovery of Undergrounding Fees (MGRUF), along with
other undergrounding tariffs. Requests made by Grantor for undergrounding shall by
implemented by Grantee in accordance with the applicable tariffs in effect on the date of
Grantor's request.
Section 15. Smart Grid Technology. Grantee acknowledges that Grantor's
policies strongly favor the widespread dissemination of meters featuring "smart grid
technology" which utilize an interactive monitoring network capable of providing real time
electrical energy usage information to both Grantee and Grantee's retail customers via an
advanced, two-way communication device. If this technology is implemented by Grantee,
Grantee shall utilize its best practicable efforts to provide retail customers located in the
incorporated area of Grantor receipt of such technology.
Section 16 Infrastructure Hardening. Grantee understands and acknowledges .
that Grantor's policies strongly favor strengthening electric utility infrastructure. Subject to
14
FPSC or regulatory approval, Grantee shall implement its infrastructure hardening plan
within the Grantor's boundaries.
Section 17. Preferential or Discriminatory Practices Prohibited. All services
rendered and all rules and regulations adopted by the Grantee shall have general
application to all persons and shall not subject any person to prejudice or disadvantage on
account of race, gender, religion, origin, physical condition or ethnicity. No otherwise
qualified person shall, solely by reason of his or her race, gender, religion, origin, physical
condition or ethnicity, be excluded from participation in, be denied services, or be subject
to discrimination under any provision of this franchise.
Section 18. No Joint Venture. Nothing herein shall be deemed to create a joint
venture or principal -agent relationship between the parties, and neither party is authorized
to, nor shall either party act toward third persons or the public in any manner which would
indicate any such relationship with the other.
Section 19. Notices. All notices from the Grantee to the Grantor pursuant to this
ordinance shall be sent to: City Manager, City of Cape Canaveral, 105 Polk Avenue, or
such other address where City Hall may be located in the City of Cape Canaveral, Florida,
32920. All notices from the Grantor to the Grantee pursuant to this ordinance shall be sent
to: Florida Power & Light Company, 700 Universe Boulevard, Juno Beach, Florida 33408,
or such other address where Grantee's corporate office may be located, marked:
Attention: External Affairs.
Section 20. Captions., Captions to sections throughout this ordinance are solely
to facilitate the reading and reference to the sections and provisions of the ordinance.
Such captions shall not affect the meaning or interpretation of the ordinance.
15
Section 21. Headings; Entire Agreement, Governing Law. The headings
contained in this ordinance are for reference purposes only and shall not affect in any way
the meaning and interpretation of this ordinance. This ordinance constitutes the entire
agreement and supersedes all prior agreements and understandings, both written and
oral, among the parties with respect to the subject matter hereof. This ordinance shall be
governed in all respects, including validity, interpretation and effect, by the laws of the
State of Florida.
Section 22. Grantor's Rights of Intervention. Grantor and Grantee
acknowledge and agree that this franchise in no way affects or impairs any rights either
party may otherwise possess under Florida law to intervene in any suit or proceeding to
which the Grantor or the Grantee is a party, concerning or involving the Grantor's rights
under this ordinance and/or the Grantee's rights under this ordinance.
Section 23. Jurisdiction and Venue. The parties hereto agree that the state or
federal courts located in the State of Florida shall have the exclusive jurisdiction over the
parties and the subject matter of any litigation between the parties arising hereunder,
except insofar as the Florida Public Service Commission may have concurrent or
exclusive jurisdiction of matters addressed in this franchise. For the purpose of state court
action, venue shall lie within Brevard County, Florida, and for the purpose of federal court
action, venue shall lie within the Middle District of Florida in Orlando, Florida. THE
GRANTOR AND THE GRANTEE HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN
ANY ACTION BROUGHT ON THIS ORDINANCE OR ON ANY MATTER ARISING IN
CONNECTION WITH THIS ORDINANCE.
16
Section 24. Qualified Severability. If any clause, section, provision or other
part of this ordinance or any portion thereof shall be held invalid or unconstitutional by a
court of competent jurisdiction, then said holding in no way affects the validity of the
remaining portions of this ordinance. Notwithstanding the foregoing, it is expressly
provided that if any of the provisions or Sections of this ordinance are held invalid or
unconstitutional, the parties shall attempt in good faith to negotiate a new lawful
agreement that restores the fundamental terms of the original agreement. In the event the
parties are unable to reach a new lawful agreement, the ordinance shall be null and void
and of no force and effect.
Section 25. Definition of "Person". As used herein "person" means an
individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an
incorporated association, a joint venture, a governmental authority or any other entity of
whatever nature.
Section 26. Repeal of Prior Inconsistent Ordinance Resolutions and
Agreements. Ordinance No. 2581, passed and adopted December 15, 1981, and all
other ordinances and parts of ordinances and all resolutions and parts of resolutions in
conflict herewith, are hereby repealed.
Section 27. Incorporation Into Code. This Ordinance shall be incorporated into
"Appendix A" of the Cape Canaveral City Code and any section or paragraph, number or
letter, and any heading may be changed or modified as necessary to effectuate the
foregoing. Grammatical, typographical, and like errors may be corrected and additions,
alterations, and omissions, not affecting the construction or meaning of this ordinance and
the City Code may be freely made.
17
Section 28. Effective Date. As a condition precedent to the taking effect of this
ordinance, the Grantee shall file its acceptance hereof with the Grantor's Clerk within 30
days of adoption of this ordinance. The effective date of this ordinance shall be the date
upon which the Grantee files such acceptance.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this
day of , 2011.
ATTEST:
Rocky Randels, Mayor
FOR AGAINST
Angela Apperson, City Clerk Jim Morgan
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
Mailed to:
City of Cape Canaveral
Attn: Mia Goforth
105 Polk Ave
Cape Canaveral, FL 32920
STATE OF FLORIDA
COUNTY OF BREVARD
A daily publication by:
Before the undersigned authority personally appeared BONNIE BERRY, who on oath
says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY, a newpaper
published in Brevard County, Florida; that the attached copy of advertising being a
LEGAL NOTICE
Ad # ( 246223) $ 121.40 the matter of:
Acct. #( 6CI209 )
CITY OF CAPE CANANVERAL
the Court NOTICE OF PUBLIC HEARING
AUGUST 16, 2011
as published in the FLORIDA TODAY in the issue(s) of:
July 22, 2011
Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County,
Florida, and that the said newspaper has heretofore been continuously published in said
Brevard County, Florida, regularly as stated above, and has been entered as periodicals
matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement; and affiant
further says that she has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securingt ' a ertisement f r
publication in said newspaper.
Sworn to and subscribed before this:
VXFMARY GRIFFIN
C.
NOTARYPUBLIC
STATE OF FLORIDA
Comm#DD0933769
4nCIA P.xnires 10/19/2013
Personally Known X or Produced Identification
Type Identification Produced:
of
22nd day of July, 2011'"
(Sign t e of Notary Public)
Mary Griffin
(Name of Notary Typed, Printed or Stamped)
City of Cape Canaveral
City .Council Agenda Form
City Council Meeting Date: 08/16/2011
Item No,
Subject: Proposed Revisions to the Development Approval Process and Restructuring
of Advisory Boards and Committees.
Department: Community Development Department
Summary:
Revisions to the Development Approval Process
The goal is to establish a development approval process that is user friendly, less costly
and time consuming, supports job growth and economic development and results in a
better built environment. Staff proposes to accomplish this goal by revising applications
to be more intuitive and informative and by streamlining the site plan review process.
Staff proposes to streamline the review process by shortening Staff review timeframes
and assuming more of the review and approval responsibilities while relieving advisory
boards and Council of some of the more mundane details.
These revisions follow recommendations developed by the Economic Development
Commission of Florida's Space Coast as part of the S.N.A.P. initiative. S.N.A.P. is an
acronym for Simplified, Nimble, Accelerated Permitting. During the SNAP process, the
EDC and local governments developed a best practices model for both building and site
permitting to streamline permitting processes throughout the County. Reducing Staff
review timeframes and removing Council from the site plan review process are two of
the recommendations that Staff is proposing to follow.
Applications
Revise all applications to make them more user-friendly. Use a common format, include
better instructions, include process flowcharts and revise the site plan review checklist.
Development Review Fees
Objective: To streamline the fee payment and application processing system; thereby,
making the process more straightforward for the applicant and reducing Staff time.
Recommendation: Revise the fee schedule and process by which fees are collected,
disbursed and reconciled. Establish a flat fee for placement of legal ads and
surrounding property notifications. Staff currently creates an escrow account for each
application and then determines the cost of postage for the mailing and the cost to place
the legal ad; requests this amount from the applicant; and then disburses payments for
mailing and legal ads from this account. Time is lost creating and reconciling the
escrow account and in estimating costs of ads and notifications.
Action Item: Adopt Resolution to revise Appendix B — Schedule of Fees, Chapter 110
Zoning establishing individual fees for applications with display ad, display ad with map,
etc.
City Council Meeting
Date: 0811612011
Item No. b
2
Architectural Review
Objectives: 1) To create an architectural review process that results in a more
architecturally appealing built environment; provides applicants, architects and
engineers with guidelines in designing structures; and makes the review process more
objective while continuing to allow for subjective and site specific input by City Staff and
Boards; and 2) save dollars by relieving Community Appearance Board (CAB) from
review of single family homes, small commercial projects, commercial building colors
and signs.
Recommendations:
1. Remove Level 1 review as a consideration for the CAB. Level 1 review includes
residential construction not exceeding three units and commercial additions
exceeding 850 square feet. Level 1 review can be handled by Staff.
2. Remove review of signs by the CAB and clarify that fences do not require CAB
review. The City adopted a major revision to the Sign Ordinance in May of 2009 that
clearly establishes sign specifications making review by the CAB unnecessary.
3. Develop architectural design standards and adopt by Ordinance. Monies have been
budgeted in FY 2011112 for creation of architectural design standards.
Action Items:
1. Adopt an Ordinance amending Sec. 22-44(1) to delete Level 1 review as a
consideration for the CAB.
2. Adopt an Ordinance amending Sec. 22-40(a)(1) to delete review of signs by the CAB
and clarify that fences do not require CAB review.
3. Develop architectural design standards and adopt by Ordinance in FY 2011112.
Site Plan Review
Objective: Expeditiously review site plans; thereby, saving the applicant and the City
time and money.
Recommendations:
1. Shorten review timeframes — Shorten the time Staff has to review plans and submit
comments to the applicant. The code calls for a 14 working day turn around. First
review should be no more than ten working days and subsequent reviews should be
no more than five working days. This should be accomplished administratively and
not by Ordinance.
2. Streamline the review process - Remove responsibility for site plan approval from
the Council and make it a Staff function. This will accelerate the approval by at
least two weeks, usually more, and save the applicant the cost of consultants
attending the Council meeting. By the time a site plan set reaches the Council, any
significant revisions would be costly and time consuming.
3. Reduce the number of site plans requiring review beyond the Staff level by removing
requirement for commercial additions to go through formal site plan review pursuant
City Council Meeting
Date: 08/16/2011
Item No. h
3
to Chapter 110-221.
Action Items:
I. Draft administrative procedures that call for a 10 working day turn around on Staff
review comments and five working days for subsequent reviews.
2. Adopt an Ordinance amending Sec. 110-221 that deletes paragraph (3), removing
commercial additions exceeding 850 sf from requiring full site plan review and,
thereby, making commercial additions subject to Staff review only.
3. Adopt an Ordinance amending Sec. 110-223(g)(h)(i)(j)(k) removing Council from the
site plan approval process and making the P&Z Board recommendation a
recommendation to Staff.
Variances and Administrative Appeals
Objective: To streamline the process for variances and administrative appeals.
Recommendation: Discontinue recommendation from P&Z; take variances and
administrative appeals directly to the Board of Adjustment. The majority of cities in
Brevard County take this approach.
Action Item: Adopt an Ordinance amending Sec. 110-37 removing the
recommendation from P&Z for variances and administrative appeals.
Restructuring of Advisory Boards and Committees
All Boards
Periodically, the City needs to reevaluate the function and form of its advisory boards.
Advisory Boards should be structured in a manner that best serves the needs of the
Council and citizens by providing more citizen participation, now and over time, and by
being more responsive to the changing economic, aesthetic, recreational and cultural
needs of the City. In light of recent revisions to the City Charter, the EDC's S.N.A.P.
Initiative, and in an effort to increase citizen involvement, Staff has reevaluated the
function and form of the Advisory Boards and Committees and is proposing the
following changes.
Recommendations:
1. Staff recommends that all Boards consist of seven voting members, rather than five,
and that there be no alternates. This will allow more citizens to participate fully in Board
actions, removes second class status from alternates and precludes non-voting
members from co-opting Board discussions and deliberations.
2. Board members should be appointed to a single three-year term. Board members
may be eligible for one additional term, but should be subject to review by the City
Council prior to being reappointed and limited to two terms as is the Council. if Board
members desire to serve an additional term, they should reapply and state their case for
City Council Meeting
Date: 08/1612011
Item No.
4
continuing to serve on the Board with an emphasis on the contributions they have made
to the Board.
3. Revise names and duties for the Board of Adjustment, Business and Cultural
Development Board, Beautification Board, Community Appearance Board, Recreation
and Planning and Zoning Boards.
Action Item: Adopt an Ordinance revising the names, purpose and duties, and number
of board members for the Board of Adjustment, Business and Cultural Development
Board, Beautification Board, Community Appearance Board, Recreation and Planning
and Zoning Boards.
Beautification Board
Staff believes that there is some overlay of duties between the Beautification Board and
the Community Appearance Board and that a greater efficiency can be obtained by
eliminating the Beautification Board and transferring its duties to the Community
Appearance Board.
Recommendation: Eliminate the Beautification Board and transfer its duties to the
Community Appearance Board.
Action Item: Adopt an Ordinance deleting Division 2. — Beautification Board from
Chapter 2 — Administration of the Code of Ordinances and add to the Community
Appearance Board standards necessary to maintain the "Tree City" designation.
Business and Cultural Development Board
The Board has achieved many of its stated purposes including preparation of a
commercial redevelopment plan. While cultural activities broadly support business, they
are not part of the core mission of an economic development advisory body. Staff
believes the purpose and duties should now be focused on economic development and
job creation. The Board should be renamed the Business and Economic Development
Board to reflect this change of focus and cultural duties should be transferred to the
Leisure Services Board. The Board may include some members from the existing
board, Visioning Committee members and business owners or managers in Cape
Canaveral. All members shall either live, own or manage businesses in Cape
Canaveral. Beyond general economic development, the Board will encourage
implementation of the 2010 EDAP.
Recommendations:
1. Change name to Business and Economic Development Board.
2. Consist of seven voting members.
3. Transfer cultural duties to the Leisure Services Board.
City Council Meeting
Date: 08/16/2011
Item No. �a
5
Action Item: Adopt an Ordinance amending various Sections of Chapter 22 renaming
Business and Cultural Development Board as the Business and Economic Development
Board and revising the purpose and duties of the Board.
Board of Adjustment
Recommendation: The Board should consist of seven voting members, rather than
five, and there should be no alternates.
Action Item: Adopt an Ordinance revising Sec. 110-2(a) to call for seven voting
members rather than five.
Community Appearance Board
Recommendations:
1. Merge duties/responsibilities from the Beautification Board into the Community
Appearance Board.
2. Add "Tree City" standards transferred from Beautification Board.
3. The Board should consist of seven voting members.
4. Remove responsibility for Level 1 review.
Action Item: Adopt an Ordinance revising Chapter 22 merging duties/responsibilities
from the Beautification Board into the Community Appearance Board; revising Sec. 22-
36 adding responsibility for "Tree City' standards transferred from the Beautification
Board; revising Sec. 22-37(a) calling for seven members on the Board; and revising
Sec.22-44 removing responsibility for Level 1 review.
Charter Review Committee
Recommendation: Sunset the Charter Review Committee as it has served the purpose
for which is was charged.
Action Item: The City Attorney will draft necessary documents to sunset the committee.
Planninq and Zoning Board
Recommendations:
1. Consist of seven voting members.
2. Remove P&Z from variance and administrative appeal process.
3. Have only one scheduled meeting per month with the ability to call second meeting
as needed.
City Council Meeting
Date: 08/16/2011
Item No.
6
Action item(s):
1. Adopt an Ordinance amending Sec. 110-3 establishing a seven member board and
removing advisory responsibilities for variances and administrative appeals.
2. Amend Resolution 2004-1 Sec. 2 to call for only one scheduled meeting per month.
Recreation Board
Recommendation: Incorporate cultural duties formerly handled by the Business and
Cultural Development Board and rename Leisure Services Board.
Action Item: Adopt an Ordinance revising various sections of Chapter 54 to change
name to Leisure Services Board and revise Sec. 54-28 — Duties - to include cultural
duties.
Visioning Committee
Recommendation: Formally disband the Visioning Committee. Staff and Council are
fully engaged in implementing the recommendations of the Visioning Report and the
goals of the Vision Statement. The importance of the Visioning implies that Council and
Staff will be directly responsible for its implementation; therefore, an oversight or
implementation committee is not necessary.
Action Item: The City Attorney will draft necessary documents to sunset the committee.
Staff Recommendation: Council approval of recommendations and authorize Staff and
the City Attorney to proceed with policy and Ordinance changes to implement the
recommendations.
Proposed Revisions to the Development Approval Process
1. Revise the fee schedule and process by which fees are collected, disbursed and
reconciled.
2. Remove Level 1 review as a responsibility of the CAB.
3. Remove review of signs by the CAB and clarify that fences do not require CAB
review.
4. Develop architectural design standards and adopt by Ordinance.
5. Shorten site plan review timeframes.
6. Remove responsibility for site plan approval from the Council and make it a Staff
function.
7. Remove requirement for commercial additions to go through the formal site plan
review process.
Proposed Restructuring of Advisory Boards and Committees
1. All boards consist of seven voting members, rather than five, and there are no
alternates.
City Council Meeting
Date: 08/16/2011
Item No. 6
2. Board members appointed to a single three year term with eligibility for one
additional term subject to reappointment by the Council. Members should be limited
to two terms as is the Council.
3. Eliminate the Beautification Board; merge its duties with those of the Community
Appearance Board; add responsibility for "Tree City' standards, and remove
responsibility of Level 1 review.
4. Change name of Business and Cultural Development Board to Business and
Economic Development Board; revise its purpose and duties; and transfer cultural
duties to the Leisure Services Board.
5. Sunset the Charter Review Committee.
6. Remove the Planning and Zoning Board from the variance and administrative
appeals processes; and have only one scheduled meeting per month.
7. Change name of Recreation Board to Leisure Services Board; and incorporate
cultural duties.
8. Formally disband the Visioning Committee.
SubmittinDepartment Director(s): Angela Apperson, Barry Brown & Todd Morley
Date:
�(/q r
l•
Attachment(s): (1) Selected Code Sections. (2) Site Plans, Sections 110-221 & 110-
223.
Financial Impact: Costs to prepare, advertise and codify Ordinances.
Reviewed by City Treasurer: Andrea Bowers Date:
The City Manager recommends that City Council take the following action(s):
Approve recommendations and authorize Staff and the City Attorney to proceed with
policy and Ordinance changes to implement the recommendations.
Approved by City Manager: David L. Greene 0`A-4- Date: Wq`«
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Chapter 2 - ADMINISTRATION
ARTICLE 1V. - BOARDS, COMMITTEES, COMMISSIONS
DIVISION 1. - GENERALLY
Sec. 2-171. - Uniform procedures and requirements.
(a) Purpose and intent; conflicts The purpose and intent of this section is to enhance
the public's respect and confidence in the municipal services delegated to, and
performed by, city boards and committees and to ensure that decisions of boards and
committees are in the best interests of the city. The purpose of this section is also to
establish uniform and consistent procedures and requirements for establishing and/or
abolishing boards and committees, and appointing and removing members thereof,
and for conducting board and committee business.
To the extent any provision of this section conflicts with any other provision of this
Code, it is the intent of the city council that the provisions of this section shall prevail. To
the extent the provisions of this section are preempted by state or federal law, it is the
intent of the city council that the provisions of state or federal law shall prevail.
(b) Definitions As used in this section, the terms or phrases listed in this subsection
shall have the following meaning:
(1) Registered votershali mean a person duly registered to vote in city elections at
all times while serving on a board or committee.
(2) Resident shall mean any person living within the city limits at all times while
serving on a board or committee, and at least 12 months prior to being nominated,
elected or appointed to the board or committee.
(c) Requirements of board and committee members Any person nominated, elected
or appointed to serve on a board or committee of the city shall satisfy the following
requirements:
(1) Complete a board or committee application as prescribed by the city council;
(2) Consent to a standard criminal background check, at the discretion of the city
council;
(3) Be a resident and registered voter as defined by this section unless the city
council by unanimous vote waives this requirement upon a determination that a
vacancy on a board or committee must be filled by a person with specialized skills
and training and a resident and registered voter with such skills and training cannot
be reasonably found to fill the vacancy. If said requirement is waived, the vacancy
shall only be filled by a person who is a resident of the city or who owns a business
or real property within the city; and
Cape Canaveral, Florida, Code of ordinances
Page 1 of 22
(4) Have never been convicted or found guilty, regardless of adjudication, of a
felony in any jurisdiction, unless their civil rights have been restored. Any plea of
nolo contendere shall be considered a conviction for purposes of this paragraph.
(5) Complete interviews with the board or committee on which the person is
seeking appointment and with the city council.
(d) Limitation on number of nonresidents serving on boards and committees
Notwithstanding the foregoing, the maximum number of persons not satisfying both
the residency and registered voter requirements of this section that can serve on a
particular board or committee shall be equal to 25 percent of the total number of
voting board or committee members allowed to be appointed or elected to that
particular board or committee.
(e) Appointment and removal of members All persons shall be appointed to, and
removed from city boards and committees by majority vote of the city council and by
resolution, unless otherwise provided in this section. Board and committee members
shall serve at the pleasure of the city council and may be summarily removed at any time
with or without cause. A board or committee appointment shall not be construed as
creating or conferring, upon any person, any right or interest in serving on a board or
committee including, but not limited, to a contract, liberty, property or vested right.
(f) Term. All board and committee members shall be appointed to serve three-year
terms and may be reappointed by the city council for subsequent three-year terms
without limitation. Notwithstanding, the city council may appoint a member to a term
of less than three years in order to stagger the terms of the entire board or committee.
If a member is removed, or vacates their appointment for any reason, including death,
excessive absence, or resignation, prior to the expiration of their term, the city council
may at its discretion appoint an individual to serve the remaining portion of the
unexpired term.
(g) Absences Any board or committee member incurring five consecutive absences
from any regularly scheduled meeting of the board or committee, or seven absences
from any meeting of the board or committee within a 12 -month period, (starting with
the last absence and counting backward), shall be deemed automatically removed from
the respective board or committee in which the absences have occurred. Any meeting
which is cancelled, other than for a lack of a quorum, shall not be counted for purposes
of determining absenteeism. Absences which occurred prior to the date of
reappointment of any board or committee member shall not be counted toward
automatic removal. However, if any board or committee is regularly scheduled to meet
less than once per month, a board or committee member shall be automatically
removed if the member fails to attend 40 percent of the regularly scheduled meetings
within a 12 -month period.
(h) Compensation. All board and committee members shall serve without
compensation, except as provided in the City Code for per diem subsistence and travel
Cape Canaveral, Florida, Code of ordinances
Page 2of22
allowances for official travel.
(i) Chairmanships Each board and committee shall be responsible to elect, by majority
vote of the members of each board or committee, a chairperson and vice -chairperson.
The election shall occur annually at the first meeting held in January, unless there is no
January meeting, then the next meeting held. All newly established boards and
committees shall make such elections at their first regularly held meeting and then
annually as stated above. Alternate members (as provided below) shall not be elected to
positions of chairperson or vice -chairperson. All meetings shall be as regularly scheduled
and at the call of the chair and at such other times as a majority of the members of any
board or committee may determine
(j) Rules and procedures The city council may adopt and amend, from time to time by
resolution, general and quasi-judicial rules and procedures for boards and committees.
All boards and committees shall at all time comply with the general rules and
procedures, and when applicable, the quasi-judicial rules and procedures. A board or
committee may adopt additional rules and procedures provided that such rules or
procedures are supplementary in nature and not inconsistent with the rules and
procedures adopted by the city council and any federal, state, or local law. Any rule or
procedure adopted by the board or committee may be amended or repealed by the
city council.
(k) Quorum; board actions A majority of the members of each board or committee
shall constitute a quorum. The affirmative vote of the majority present shall be
necessary for any board actions; provided, however, it shall take three affirmative votes
to pass or approve any action, unless a super -majority is otherwise required by local,
state or federal law.
(1) Public meetings; minutes. All meetings of boards or committees shall be open to
the public. The city manager shall designate a secretary, for each board or committee,
whose duties shall include keeping minutes of all the meetings of the board or
committee and recording the actions and/or recommendations of each board or
committee, including showing the vote of each member upon each question or if
absent or failing to vote indicating such fact. The city manager may appoint a board or
committee member to serve as secretary. The city shall be custodian of all records of the
boards or committees, and such records shall be maintained in the same manner as
other city records.
(m) Alternate members. At the discretion of the city council, two alternate members
may be appointed to each city board or committee. Alternate members shall be
provided with all agendas and documentation provided to regular members and shall
be permitted to provide input during discussions. Alternate members shall not be
permitted to vote on matters before the board unless they have assumed the duties of
an absent regular member.
The member of the board or committee who has served longer as an alternate member
Cape Canaveral, Florida, Code of Ordinances
Page 3 of 22
shall be the first alternate board member. If the first alternate member leaves the board
or is appointed as a regular board member, the successor to the first alternate board
member shall be that alternate board member with the longer service as an alternate
member. The next appointed alternate member shall be designated as the second
alternate board member.
In the absence of a regular member from an official board meeting, the first alternate
board member shall assume all duties of the absent regular board member, including
the right to vote on any matter before the board at the meeting. If two or more regular
board members are absent from an official board meeting, the second alternate
member shall assume all duties of the absent regular member, including the right to
vote on any matter before the board at the meeting.
In the absence of the first alternate board member from an official board meeting, the
second alternate board member shall act in the place of the absent first alternate,
including the right to vote on matters before the board at that meeting if a regular
member is absent at the meeting.
(n) Ad hoc committees The city council may create by resolution, from time to time,
temporary ad hoc committees to serve a limited purpose. The resolution may exempt
the committee from all or part of the requirements of this section.
(o) Interviews Prior to a person being appointed to a board or committee, the person
shall be interviewed, in person, by the board or committee on which the person is
seeking appointment and by the city council. The board or committee shall make a
recommendation to the city council on whether the person should be appointed to
their respective board or committee based on the requirements of this section.
(p) Exofficiomembers At the discretion of the city council, ex -officio members maybe
appointed to each city board or committee to serve in an advisory capacity to such
board or committee. Ex -officio members shall be provided with all agendas and
documentation provided to regular members and shall be permitted to provide input
during discussions. Ex -officio members shall not be permitted to vote on matters before
the board. Each ex -officio member shall meet all of the requirements for board
membership provided within this section and as otherwise provided by law.
(Ord. No. 12-2003, § 2, 7-1-03; Ord. No. 20-2004, § 2, 11-16-04)
Secs. 2-172-2-180. - Reserved.
Cape Canaveral, Florida, Code of ordinances
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Chapter 2 - ADMINISTRATION
ARTICLE IV. - BOARDS, COMMITTEES, COMMISSIONS
DIVISION 2. - BEAUTIFICATION BOARD
Sec. 2-181. - Established, membership, terms, aualificatio_ns.
Sec. 2-182_ - Meetings.
Sec. 2-183. - Reserved.
Sec. 2-184. - Duties.
Sec. 2-185. - Coordination with planning and zoning board.
Sec. 2-186. - Indebtedness.
Secs. 2-187-2-205. - Reserved.
Sec. 2-181. - Established, membership, terms, qualifications.
A beautification board, which shall consist of seven members, is established.
(Code 1981, § 251.01; Ord. No. 48-93, § 1, 1-4-94; Ord. No. 12-2003, § 2, 7-1-03)
Sec. 2-182. - Meetings.
Regular meetings of the beautification board shall be held at least once each month at
the city hall, and special meetings of the board shall be held at such times and at such
places as the board may direct.
(Code 1981, § 251.02; Ord. No. 12-2003, § 2, 7-1-03)
Sec. 2-183. - Reserved.
Editor's note— Ord. No. 12-2003, § 2, adopted July 1, 2003, deleted § 2-183, which pertained to absence
from meetings.
Sec. 2-184. - Duties.
The beautification board shall plan and propose to the city council such landscaping and
beautification programs as shall seem desirable and feasible to the board for the benefit
of the city. Such programs are to apply to all areas of the city. The beautification board
shall cooperate with and assist any organizations or private individuals or groups of
individuals conducting private landscaping and beautification programs in the city.
(Code 1981, § 251.03)
Sec. 2-185. - Coordination with planning and zoning board.
The beautification board may appoint one member to serve as a representative to the
planning and zoning board to act as an advisor to the planning and zoning board on
matters of city beautification.
(Code 1981, § 251.04)
Cape Canaveral, Florida, Code of Ordinances
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Cross reference— Planning and zoning board, § 58-26 et seq.
Sec. 2-186. - Indebtedness.
The beautification board shall not incur any debts or enter into any contracts or
obligations which would be enforceable against the city, unless prior approval has been
obtained from the city council.
(Code 1981, § 251.05)
Secs. 2-187-2-205. - Reserved.
LAND DEVELOPMENT CODE
Chapter 110 - ZONING
ARTICLE I. - IN GENERAL
Sec. 110-2. - Board of adjustment.
(a) Aboard of adjustment is established and shall consist of five members.
(b) The board of adjustment shall have the powers and duties to consider applications
for special exceptions, variances, and administrative appeals under this chapter.
(c) The board of adjustment shall not incur any debts or enter into any contracts or
obligations which would be enforceable against the city, unless prior approval has been
obtained from the city council.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007, § 2, 12-4-07)
Chapter 22 - COMMUNITY DEVELOPMENT
ARTICLE II. - BUSINESS AND CULTURAL DEVELOPMENT BOARD
Sec. 22-26. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Commerce or commercial pertains to activities in the areas of industry, commerce,
business and tourism.
(Ord. No. 10-99, § 1, 9-7-99)
Cape Canaveral, Florida, Code of Ordinances
Page 6 of 22
Sec. 22-27. - Established.
The city establishes a business and cultural development board in and for the city.
(Ord. No. 10-99, § 1, 9-7-99)
Sec. 22-28. - Composition.
The business and cultural development board shall consist of five regular members.
(Ord. No. 10-99, § 1, 9-7-99; Ord. No. 12-2003, § 4, 7-1-03)
Sec. 22-29. - Reserved.
Editor's note- Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-29, which pertained to
term of office and derived from Ord. No. 10-99, § 1, adopted Sept. 7,1999.
Sec. 22-30. - Reserved.
Editor's note- Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-30, which pertained to
vacancies and derived from Ord. No. 10-99, § 1, adopted Sept. 7,1999.
Sec. 22-31. - Reserved.
Editors note- Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-31, which pertained to
removal and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999.
Sec. 22-32. - Reserved.
Editor's note- Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-32, which pertained to
rules and procedures and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999.
Sec. 22-33. - Purpose and duties.
The business and cultural development board shall have the purposes and duties to:
(1) Prepare a commercial redevelopment plan and submit the pian for approval to
the -city council. This plan shall analyze existing conditions and needs pertaining to
the city's commerce and determine optimum methods and means of improving
those conditions and satisfying those needs. The plan shall contain, as a minimum,
the following:
a. A survey of existing commercial entities located in the city.
b. An inventory of existing vacant space (building and land) suitable for use in
commercial development. This shall be coordinated with the planning and
zoning board.
c. A determination of the commercial needs of the citizens of the city that
are presently going unsatisfied or being met by commercial entities outside the
city.
Cape Canaveral, Florida, Code of Ordinances
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d. An analysis of these needs and the preparation of a plan for bringing new
and needed commercial enterprises to the city. This plan should also seek
methods of enhancing existing commerce presently located in our city in an
effort to satisfy citizen needs.
(2) Implement the council -approved commercial redevelopment plan as directed
and funded by the council.
(3) Confer with and advise the city council on all matters concerning the
development of commerce in the city.
(4) Act as liaison for the city in the area of public relations with the following:
a. Cocoa Beach Area Chamber of Commerce.
b. Canaveral Port Authority.
c. County Economic Development Council.
d. Other similar organizations or agencies which, in the opinion of the
business and cultural development board, would be appropriate for such
liaison, and the
e. Brevard Cultural Alliance.
(5) Determine from existing commercial enterprises in the city and interested
outside entities contemplating locating in the city the appropriate and necessary
action the city should take to enhance and encourage the further development of
the city's commerce and coordinate with and advise pertinent officials and boards
in the city as to the implementation of this action.
(6) Advise the city council and the city manager of the advent of any new
commercial activity, i.e., new businesses, significant change in existing businesses,
etc., in the city's commerce in order that timely and appropriate recognition by the
city can be effected.
(7) Cooperate with all community groups, which are dedicated to orderly
commercial expansion of the city and furnish them with aid and advice as is
deemed appropriate.
(8) Generally, encourage in any manner the development of business, commerce,
industry and tourism in the city.
(9) Investigate sources of financial assistance available to the city from the
governmental or private sector and assist the city as directed by the city council in
properly applying and promoting the successful acquisition of the assistance. For
the purpose of this article, financial assistance may be in the form of grants, low
interest loans or physical property, including that of real or personal nature. Activity
Cape Canaveral, Florida, Code of ordinances
Page 8 of 22
in the private sector will be limited to established foundations.
(Ord. No. 10-99, § 1, 9-7-99)
Sec. 22-34. - Advisory capacity.
The powers and duties of the business and cultural development board are of an
advisory nature only, and the board shall not have any powers or duties which conflict
with or supersede the powers and duties of other city boards.
(Ord. No. 10-99, § 1, 9-7-99)
Sec. 22-35. - Indebtedness.
The business and cultural development board shall not incur any debts or enter into any
contracts or obligations, which would be enforceable against the city, unless prior
approval has been obtained from the city council.
(Ord. No. 10-99, § 1, 9-7-99)
Chapter 2 — ADMINISTRATION
ARTICLE VI. - CODE ENFORCEMENT
DIVISION 2. - CODE ENFORCEMENT BOARD
Sec. 2-256. - Created.
A code enforcement board is hereby established pursuant to the authority granted by
F.S. ch. 162, or any successor statute.
(Ord. No. 23-94, § 1, 7-19-94)
Sec. 2-257. - Membership.
The city council shall appoint members of the code enforcement board in accordance
with the terms of F.S. § 162.05, or any successor statute.
(Ord. No. 23-94, § 1, 7-19-94)
Sec. 2-258. - Duties, responsibilities and powers.
The code enforcement board shall have duties, responsibilities and powers as set forth,
and shall be governed in all respects, by F.S. ch. 162, or any successor statute, and shall
have the power to hear appeals as otherwise set forth in the city Code of Ordinances.
(Ord. No. 23-94, § 1, 7-19-94)
Sec. 2-259. - Prosecution of violations with no criminal penalty.
Any violation of the city Code of Ordinances which the city elects to prosecute before
Cape Canaveral, Florida, Code of Ordinances
Page 9 of 22
the code enforcement board shall have no criminal penalty as to said violation.
(Ord. No. 23-94, § 1, 7-19-94)
Sec. 2-260. - Application for satisfaction or release of code enforcement liens.
Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch.
162, has been recorded in the public records of Brevard County, Florida, and has become
a lien against the land and/or property of the violator, such violator may apply for a
satisfaction or release of such lien in accordance with this section.
(a) Upon full payment by the violator of the fine or penalty in accordance with this
chapter, the city manager shall execute and record a satisfaction of lien.
(b) The application for satisfaction or release of lien shall be in written form, typed
or handwritten, by the violator, and shall be submitted to the building official or
the designee of the building official. the application shall include, but may not be
limited to the following:
(1) The code enforcement case number;
(2) The date upon which the violator brought the subject property into
compliance with the City Code;
(3) The factual basis upon which the violator believes the application for
satisfaction or release of lien should be granted;
(4) The terms upon which the satisfaction or release should be granted;
(5) The reasons, if any, compliance was not obtained prior to the order of
penalty or fine being recorded;
(6) The reduction in penalty or fine sought by the violator; and
(7) Any other information which the violator deems pertinent to the request,
including but not limited to the circumstances that exist which would warrant
the reduction or satisfaction of the penalty or fine.
(S) This application shall be executed under oath and sworn to in the presence
of a notary public.
(c) The violator shall submit at the time of application payment to the city in the
amount necessary to reimburse the city for its costs associated with recording the
order imposing a penalty or fine and the requested satisfaction or release of lien.
These costs are nonrefundable, without regard for the final disposition of the
application for satisfaction or release of lien.
(d) Upon receipt of the application for satisfaction or release of lien and payment
provided above, the Building Official or designee of the building official shall
Cape Canaveral, Florida, Code of Ordinances
Page 10 of 22
confirm through the code enforcement department that the violation which
resulted in the order imposing penalty or fine has been satisfied. If the violation has
been satisfied and there is no current code violation upon the property in question,
the building official or designee of the building official shall place the application
upon the agenda of the next meeting of the Code Enforcement Board for the City
of Cape Canaveral.
(e) At the hearing before the code enforcement board, the board shall review and
consider the application for satisfaction or release of lien, provide the violator with
an opportunity to address the board regarding the application for satisfaction or
release of lien, and to take the testimony of other interested parties, including but
not limited to city staff.
Upon review of the application and any testimony presented, the code
enforcement board shall by motion direct a recommendation to the city
council for approval, approval with conditions, or denial of the application for
satisfaction or release of lien.
The code enforcement board, in determining its recommendation, shall
consider the following factors:
(1) The gravity of the violation;
(2) The time in which it took the violator to come into compliance;
(3) The accrued amount of the code enforcement fine or lien;
(4) Any previous or subsequent code violations;
(5) Any financial hardship; and
(6) Any other mitigating circumstance which may warrant the reduction or
satisfaction of the penalty or fine.
(f) After a recommendation has been rendered by the code enforcement board,
the building official or designee of the building official shall place the application
for satisfaction or release of lien upon the agenda of the next regularly scheduled
city council meeting. The city council may take action solely based upon the sworn
application and recommendation of the code enforcement board; or it may, in its
discretion, provide the violator with an opportunity to address the council in
regard to the application for satisfaction or release of lien.
(g) The city council may approve, approve with conditions, or deny the application
to satisfy or release of lien. If the city council approves the application to satisfy or
release the lien and the approval is conditioned upon the violator paying a reduced
penalty, fine, or any other condition, the satisfaction or release of lien shall not be
prepared or recorded until the condition(s) placed by the council have been
Cape Canaveral, Florida, Code of ordinances
Page 11 of 22
satisfied.
The violator shall have 30 days in which to comply with the conditions imposed
by the city council. Failure of the violator to comply will result in the automatic
denial of the application for satisfaction or release of lien.
If the application is denied or if the application is automatically denied due to
the failure of the violator to comply with the conditions imposed by the city
council, the violator shall thereafter be barred from applying for a subsequent
satisfaction or release of lien for a period of one year from the date of denial.
During the one-year period, the lien may only be satisfied and released upon
full payment of the fine or penalty imposed in accordance with this division.
(Ord. No. 05-2003, § 2, 2-18-03)
Secs. 2-261-2-279. - Reserved.
Chapter 22 - COMMUNITY DEVELOPMENT
ARTICLE III. - COMMUNITY APPEARANCE REVIEW
Sec. 22-37. - Board established; membership; qualifications of members.
(a) Established. There is hereby established a community appearance board which shall
consist of five members.
(b) Qualifications All members shall be qualified by reason of training or expertise in
art, architecture, community planning, land development, real estate, landscape
architecture or other relevant business or profession, or by reason of civic interest so as
to be considered a sound judge of the aesthetic effect and impact upon property
values, desirability, and the economic, social and cultural patterns of the community of a
proposed building or structure on surrounding areas.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 1-98, § 1, 2-17-98; Ord. No. 07-2003, § 2, 3-4-03; Ord.
No. 12-2003, § 4, 7-1-03)
Sec. 22-38. - Reserved.
Editor's note—Ord. No. 12-2003, § 4, deleted section 22-38, which pertained to rules of conduct of board
business and derived from Ord. No. 16-95, § 2, adopted Dec. 19, 1995.
Sec. 22-39. - Proceedings of the board.
(a) Meetings shall be held on the first and third Wednesday of each month unless no
business is presented to the board for a particular meeting. The time and place of
meetings, and the order of business and procedure to be followed at meetings, shall be
Prescribed by the board.
Cape Canaveral, Florida, Code of ordinances
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(b) The city shall provide administrative, legal, architectural and other professional
expert services deemed necessary for the board to perform its duties and obligations
under this article.
(Ord. No. 16-95, § 2,12-19-95; Ord. No. 12-2003, § 4, 7-1-03; Ord. No. 01-2010, § 2,1-19-10)
Sec. 22-40. - Approval prerequisite for permits.
(a) Without exception, the following shall be approved by the community appearance
board before a permit is issued for development of property which has an exterior,
visual impact or effect on the community:
(1) All plans, elevations and proposed signs for buildings or structures within any
zoning district, or any alterations thereto.
(2) Exterior building and roof colors for non-residential development within the
C-1, C-2, and M-1 zoning districts, or any alterations thereto.
(b) Notwithstanding paragraph (a) of this section, if the building official determines (at
his sole discretion) that a building permit application is minor or insignificant, the
building official may grant the permit without submitting the application to the
community appearance board for approval, providing the permit is consistent with the
intent and purpose of this article. For purposes of this paragraph, the phrase "minor or
insignificant" shall mean a small scale renovation or modification project affecting a
small site and having a nominal exterior visual impact and effect on the community. Any
party or person adversely affected by a decision made by the building official may
appeal such decision to the community appearance board.
(Ord. No. 16-95, § 2,12-19-95; Ord. No. 04-2003, § 2, 2-18-03; Ord. No. 05-2008, § 2, 4-15-08)
Sec. 22-41. - Compliance with other code provisions.
The requirements of this article are deemed supplemental of, and in addition to, all
other applicable codes adopted by the city including, but not limited to, the land
development regulations, and all fire and building regulations. Approval of plans and
specifications by the community appearance board shall be construed only for the
limited purpose of complying with this article, and in no way shall the applicant
construe such approval as evidence of compliance with any other applicable city codes
and regulations.
(Ord. No. 16-95, § 2, 12-19-95)
Sec. 22-42. - Procedure.
(a) Submission of application. All applicants for a building permit, subject to the
provisions of this article, shall submit to the building official the documents prescribed
in section 22-44, together with an application fee to be adopted pursuant to appendix B.
Cape Canaveral, Florida, code of ordinances
Page 13 of 22
(b) Scheduling and notice of hearing. Upon receipt of the required documents, the
building official shall forthwith schedule a hearing on the application before the
community appearance board. Notice of the time and place of the public hearing shall
be given to the applicant at least seven days prior to the date of the public hearing.
Public notice of the time and place of the public meeting shall also be posted at places
within the city deemed reasonably appropriate for providing such notice. Public notice
shall also contain the name of the applicant, a general description of the property, and a
general description of the application request.
(c) Conduct of hearing; approval or denial. At the designated public hearing, the
community appearance board shall hear the applicant on the proposed application, and
shall hear from members of the general public in accordance with the rules and
procedures adopted by the city council and the board. During the public hearing, the
applicant may be present in person or by counsel, and the applicant has the right to
present evidence in support of his position and cross examine adverse witnesses whose
testimony is offered at the hearing. The community appearance board may approve,
approve with conditions, or disapprove the application only after consideration of
whether the following criteria are compiled with:
(1) The plans and specifications of the proposed project indicate that the setting,
landscaping, ground cover, proportions, materials, colors, texture, scale, unity,
balance, rhythm, contrast and simplicity are coordinated in a harmonious manner
relevant to the particular proposal, surrounding area and cultural character of the
community.
(2) The plans for the proposed building or structure are in harmony with any
future development which has been formally approved by the city within the
surrounding area.
(3) The plans for the proposed building or structure are not excessively similar or
dissimilar to any other building or structure which is either fully constructed,
permitted but not fully constructed, or included on the same permit application,
and facing upon the same or intersecting street within 500 feet of the proposed
site, with respect to one or more of the following features of exterior design and
appearance:
a. Front or side elevations;
b. Size and arrangement of elevation facing the street, including reverse
arrangement; or
c. Other significant features of design such as, but not limited to: materials,
roof line and height or design elements.
(4) The plans for the proposed building or structure are in harmony with the
established character of other buildings or structures in the surrounding area with
Cape Canaveral, Florida, code of ordinances
Page 14 Of 22
respect to architectural specifications and design features deemed significant
based upon commonly accepted architectural principles of the local community.
(5) The proposed development of the building or structure is consistent and
compatible with the intent and purpose of this article, the Comprehensive Plan for
Cape Canaveral, and other applicable federal, state or local laws.
(6) Within the C-1, C-2, and M-1 zoning districts, any exterior building or roof color
used shall be well designed and integrated with the architectural style of the
building and surrounding landscaping in order to create a subtle and harmonious
effect and promote aesthetic uniformity within the district. Bright or brilliant
colors shall not be permitted except for use as an accent color within the C-1, C-2, or
M-1 zoning districts.
(d) Limitations on tabling.
(1) No application before the community appearance board for a particular
development, or part thereof, shall be tabled more than once by request of the
board. Further attempts by the board to table such application shall permit the
applicant to by-pass the board and seek a hearing before the city council at its next
regular meeting. In no way shall the applicant be permitted to by-pass the board if
the board's reason for tabling the application was caused by the applicant's request,
misconduct or failure to make adequate preparations for a hearing before the
board.
(2) Notwithstanding the foregoing, the applicant is permitted to request (once as a
matter of right) that the board table a particular application. Further attempts by
the applicant to table such an application shall be deemed a withdrawal and the
applicant shall be prohibited from submitting a substantially similar application for
30 days from the date of withdrawal. An application resubmitted shall begin the
application process anew, including the filing of a new application and payment of
all applicable permit fees.
(Ord. No. 16-95, § 2,12-19-95; Ord. No. 04-2003, § 2, 2-18-03)
Sec. 22-43. - Notice of approval or denial.
(a) Promptly after the community appearance board has rendered a decision on a
particular application, the board shall prepare and deliver to the applicant thereof a
formal written notice which indicates its decision on the application (approval, approval
with conditions, denial). if the application is approved with conditions, the notice shall
contain a statement which clearly indicates the conditions. If the application is denied,
the notice shall contain a statement which indicates the rationale for denial.
(b) Approvals by the board shall be valid for a maximum of 12 months from the date
the board renders its approval at a public meeting. If the applicant fails to obtain a
building permit within the 12 -month period, the board's approval shall expire at the end
Cape Canaveral, Florida, code of ordinances
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of the period. However, once a building permit is issued, the approval shall be valid for a
time period equal to the permit and shall expire only if the building permit expires.
Notwithstanding the aforesaid, the board may approve extensions for good cause
shown including, but not limited to, a building permit application pending with the city
related to the approval, natural disasters, and reasonable permitting and construction
delays.
(Ord. No. 16-95, § 2,12-19-95; Ord. No. 07-2003, § 2, 3-4-03)
Sec. 22-44. - Application criteria.
Upon an application create by the building official, an applicant shall submit the
following application criteria to the building official for consideration by the
community appearance board:
(1) Level I review (Small commercial/industrial projects of 850 square feet or less or
residential units not exceeding three in number). -
a. Vicinity map locating all zoning classifications, including orientation of the
color photographs;
b. For new development of unimproved property, a concept plan locating
improvements;
c. Minimum three color photographs of site and setting (surrounding area);
d. At least two elevations to scale; and
e. Presentation of the materials, texture and colors.
(2) Level 2 review (Commercial, residential subdivisions, four or more multifamily
residential and industrial not covered in level 1).
a. vicinity map locating all zoning classifications, including orientation of all
color photographs;
b. For new development of unimproved property, a rendered concept plan
depicting, in detail, location of landscaping and all the elements on the site;
C. All preliminary elevations;
d. Materials, texture and colors board depicting location of colors; and
e. Minimum of three color photographs of site and setting.
(3) Level 3 review (Change of exterior building or roof color upon commercial
buildings or structures within the G1, G2, or M-1 zoning districts).-
a.
istricts).
a. Vicinity map locating all zoning classifications, including orientation of all
cape Canaveral, Florida, Code of Ordinances
Page 16 of 22
color photographs;
b. Materials, texture and color board depicting location of colors; and
c. Minimum of three color photographs of site and setting (surrounding
area).
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003, § 2, 2-18-03; Ord. No. 07-2003, § 2, 3-4-03)
Sec. 22-45. - Concept plans.
All concept plans submitted for consideration under this article for the new
development of unimproved property shall indicate the following sufficiently:
(1) Dimensions and orientation of the parcel;
(2) Location, height and use of buildings, structures and encroachments both
existing and proposed;
(3) Location and arrangement of manmade and natural ground cover;
(4) Proposed ingress and egress facilities;
(5) A conceptional preliminary landscaping plan;
(6) Unusual grading or slopes, if any;
(7) Location of walls and fences and the indication of their height and the
materials of their construction;
(8) Location and size and graphic content of proposed exterior signs, outdoor
advertising or other constructed elements other than habitable space, if any;
(9) Such other architectural and engineering data as may be requested to clarify
the presentation.
(Ord. No. 16-95, § 2,12-19-95)
Sec. 22-46. - Appeals and review.
Any person(s) or the city aggrieved by a final decision rendered by the community
appearance board may appeal the decision to the city council pursuant to the
procedure set forth in section 110-33 of this Code.
(Ord. No. 16-95, § 2,12-19-95; Ord. No. 39-2003, § 2,11-18-03; Ord. No. 07-2007, § 3,12-4-07)
Sec. 22-47. - Building permits; enforcement.
Unless otherwise provided by this article, no building permit shall be issued until the
community appearance board has approved the proposed building or structure's
Cape Canaveral, Florida, Code of Ordinances
Page 17 of 22
architectural specifications and design features, pursuant to this article. Any final plans
and specifications that differ substantially, in the opinion of the building official, from
the approved application by the community appearance board shall be resubmitted
prior to the issuance of the building permit. All approved specifications and design
features shall become a binding condition of, and made a part of, the building permit(s)
secured for the building or structure associated therewith. The building permit shall be
enforced in a manner similar to all other building permits issued by the city. The city
shall have the right, power and ability to recover all costs, expenses and reasonable
attorney's fees ("costs") incurred as a result of enforcing he permit. All costs shall be a
lien on the property to which the building or structure is associated from the date the
costs become due until the costs are paid. The owner of the property shall be obligated
to pay the costs, which obligation may be enforced by the city by action at law or suit to
enforce the lien in the same manner as the foreclosure of mortgages.
(Ord. No. 16-95, § 2,12-19-95)
Chapter 82 - BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. - BUILDING CODE
Sec. 82-32. - Establishment of construction board of adjustment and appeals.
There is hereby established a board to be called the construction board of adjustment
and appeals, which shall consist of five members.
(a) Composition. Members of the construction board of adjustment and appeals
should be composed of individuals with knowledge and experience in the technical
codes, such as design professionals, contractors or building industry
representatives.
(b) Powers The construction board of adjustments and appeals shall have the
power, as further defined in section 82-33, to hear appeals of decisions and
interpretations of the building official and consider variances of the technical
codes.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2003, § 8, 7-1-03)
Sec. 82-33. - Appeals.
(a) Decisions of the building official The owner of a building, structure or service
system, or his duly authorized agent, may appeal a decision of the building official to the
construction board of adjustment and appeals whenever any one of the following
conditions are claimed to exist:
(1) The building official rejected or refused to approve the mode or manner of
construction proposed to be followed or materials to be used in the installation or
Cape Canaveral, Florida, code of ordinances
Page 18 of 22
alteration of a building, structure or service system.
(2) The provisions of this code do not apply to this specific case.
(3) That an equally good or more desirable form of installation can be employed in
any specific case.
(4) The true intent and meaning of this code or any of the regulations thereunder
have been misconstrued or incorrectly interpreted.
(b) Variances The construction board of adjustments and appeals, when so appealed to
and after a hearing, may vary the application of any provision of this code to any
particular case when, in its opinion, the enforcement thereof would do manifest
injustice and would be contrary to the spirit and purpose of this or the technical codes
or public interest, and also finds all of the following:
(1) That special conditions and circumstances exist which are peculiar to the
building, structure or service system involved and which are not applicable to
others.
(2) That the special conditions and circumstances do not result from the action or
inaction of the applicant.
(3) That granting the variance requested will not confer on the applicant any
special privilege that is denied by this code to other buildings, structures or service
system.
(4) That the variance granted is the minimum variance that will make possible the
reasonable use of the building, structure or service system.
(5) That the granting of the variance will be in harmony with the general intent
and purpose of this code and will not be detrimental to the public health, safety
and general welfare.
(c) Conditions of the variance. In granting the variance, the board may prescribe a
reasonable time limit within which the action for which the variance is required shall be
commenced or completed or both. In addition, the board may prescribe appropriate
conditions and safeguards in conformity with this code. violation of the conditions of a
variance shall be deemed a violation of this code.
(d) Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar
days after the decision is rendered by the building official. Appeals shall be in a form
acceptable to the building official.
(e) Unsafe or dangerous, buildings orservicesystems In the case of a building, structure
or service system which, in the opinion of the building official, is unsafe, unsanitary or
dangerous, the building official may, in his order, limit the time for such appeals to a
shorter period.
Cape Canaveral, Florida, Code of Ordinances
Page 19 of 22
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-34. - Procedures of the board.
(a) Rules and regulations The board shall establish rules and regulations for its own
procedure not inconsistent with the provisions of this code. The board shall meet on call
of the chairperson. The board shall meet within 30 calendar days after notice of appeal
has been received.
(b) Decision. The construction board of adjustment and appeals shall, in every case,
reach a decision without unreasonable or unnecessary delay. Each decision of the board
shall also include the reasons for the decision. If a decision of the board reverses or
modifies a refusal, order, or disallowance of the building official or varies the application
of any provision of this code, the building official shall immediately take action in
accordance with such decision. Every decision shall be promptly filed in writing in the
office of the building official and shall be open to public inspection. A certified copy of
the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept
publicly posted in the office of the building official for two weeks after filing. Every
decision of the board shall be final, subject however to such remedy as any aggrieved
party might have at law or in equity.
(Ord. No. 06-2001, § 1, 12-4-01)
Secs. 82-35-82-55. - Reserved.
LAND DEVELOPMENT CODE
Chapter 110 — ZONING
ARTICLE I. - IN GENERAL
Sec. 110-3. - Planning and zoning board.
(a) The planning and zoning board is established and shall consist of five members.
(b) The planning and zoning board shall operate exclusively in an advisory capacity to
the city council and the board of adjustment for variances and special exceptions, and
no ruling, decision or recommendation of the board shall be binding on the council.
(c) The board shall perform such duties as are conferred on it by this Code and the city
council and shall, from time to time, make studies on planning and zoning matters
affecting the health, welfare, safety and morals of the people of the city.
(d) No problem or situation relating to zoning shall be submitted to the city council
prior to being submitted to and acted upon by the planning and zoning board. Such
problems or situations relating to zoning shall include but not be limited to the
following:
(1) Changes in zone classification.
Cape Canaveral, Florida, Code of ordinances
Page 20 of 22
(2) Changes in zoning district boundaries and zoning maps.
(3) Review and revision of zoning sections.
(4) Recommendation concerning a master plan and periodic review thereof.
(e) The planning and zoning board shall make recommendations to the board of
adjustment concerning special exceptions and variances in accordance with this
chapter.
(f) The board secretary shall, after each meeting of the planning and zoning board,
transmit a copy of the board's minutes to each member of the city council, the city clerk
and the city attorney. Such minutes shall include the board's recommendations on any
matter coming before it, including a short statement setting forth the facts upon which
the board's recommendations were based, as well as the board's reasons for the
recommendation.
(g) The planning and zoning board shall not incur any debts or enter into any contracts
or obligations which would be enforceable against the city, unless prior approval has
been obtained from the city council.
(Ord. No. 11-2005, § 2, 6-21-05)
Secs. 110-4-110-25. - Reserved.
Chapter 54 - PARKS AND RECREATION
ARTICLE II. - RECREATION BOARD
Sec. 54-26. - Established.
There is created a recreation board to consist of seven members.
(Code 1981, § 255.01; Ord. No. 53-93, § 1, 1-4-94; Ord. No. 12-2003, § 6, 7-1-03)
Sec. 54-27. - Reserved.
Editor's note— Ord. No. 12-2003, § 6, deleted § 54-27, which pertained to vacation of office.
Sec. 54-28. - Duties.
The recreation board shall advise the council on matters pertaining to public parks and
recreation and shall serve in such other similar matters as the council may direct.
(Code 1981, § 255.02)
Sec. 54-29. - Indebtedness.
The recreation board shall not incur any debts or enter into any contracts or obligations
which would be enforceable against the city, unless prior approval has been obtained
Cape Canaveral, Florida, Code of Ordinances
Page 21 Of 22
from the city council.
(Code 1981, § 251.05)
Secs. 54-30-54-45. - Reserved.
Cape Canaveral, Florida, Code of Ordinances
Page 22 of 22
ARTICLE M. - SITE PLANS
Sec. 110-221. - Submittal and review required.
Under this chapter, site plan submittal and review are required for the following:
(1) New commercial buildings or structures.
(2) New residential structures with four or more dwelling units.
(3) Commercial additions exceeding 850 square feet of gross floor area.
(Code 1981, § 845.05(A))
Sec. 110-223. - Review procedures.
(a) Five copies of the site plan, prepared, signed and sealed by a professional engineer licensed by
the state, shall be filed with the building official no later than 30 days prior to the meeting date at which
the applicant is seeking planning and zoning board review. Filing fees as set forth in appendix B to this
Code shall be paid at this time.
(b) The site plan shall be submitted by the building department to the following department heads for
their review and comments:
(1) City engineer or registered engineers approved by the city.
(2) Building department.
(3) Fire marshal.
(4) State department of environmental protection. All phases calling for buildings located on the
Atlantic Ocean and Banana River are to be reviewed by this department.
(c) Within 14 days of the time the plans are received by the various department heads, they shall
submit, in writing, to the building department, a written report commenting on factors relating to the site
plan.
(d) The building department shall give a copy of the written comments to the applicant or his
representative to review, respond to and make any changes he deems appropriate to conform to the
comments and recommendations from the department heads.
(e) The applicant shall submit seven copies of the revised site plan, along with his architect's and
engineer's comments, in response to the department heads' reviews, to the building department no
later than five days prior to the meeting.
(f) All plans shall be made available to the planning and zoning board for its review and
recommendation to the city council. The building official shall prepare a site plan checklist to be
submitted to the planning and zoning board when a site plan is reviewed.
Cape Canaveral, Florida, Code of Ordinances
Page 1 of 2
(g) The planning and zoning board, following public hearing and review of any submitted site plan,
shall make a written recommendation to the city council recommending approval, approval with
conditions, or denial of the application based upon the site plan's compliance with the city's Code and
comprehensive plan. Such recommendation shall include the reasons for the board's recommendation
and show the board has considered the applicable site plan criteria set forth in this article.
(h) Upon receipt of the planning and zoning board's recommendation, and following a public hearing
and review of the submitted site plan, the city council shall make a final decision on the application. If
the city council determines that the planning and zoning board has not made a recommendation on an
application within a reasonable period of time, the city council may, at its discretion, consider an
application without the planning and zoning board's recommendation. Any decision of the city council is
final and subject to judicial review.
(i) If the city council elects to grant conditional approval of a site plan subject to any conditions or
contingencies, the applicant shall have 90 days from the date of conditional site plan approval to satisfy
any such conditions and/or contingencies. If all conditions and/or contingencies are satisfied, the final
site plan approval date shall be either the expiration of the 90 -day period; or the date the building
official certifies by notation on all city site plan copies, that all conditions and/or contingencies are
satisfied, whichever first occurs. If the conditions and/or contingencies are not satisfied before the
expiration of the 90 -day period the conditional approval shall be automatically withdrawn and the
application shall stand as denied. The 90 -day compliance period may be extended at the discretion of
the city council, upon written request of the applicant prior to the expiration of the 90 -day compliance
period, and where the applicant demonstrates unusual circumstances or undue hardship.
0) The planning and zoning board and city council shall have no authority to consider a proposed site
plan unless:
(1) The applicant has adequately and completely addressed all items on the site plan checklist
prepared by the building official; and
(2) The applicant has otherwise complied with all matters contemplated under this section.
(k) Following a public hearing on any application for site plan approval [before] the city council, the
city clerk shall send to the applicant, by certified mail, return receipt requested, written notice of the
action taken and the right to judicial review.
(Code 1981, § 645.05(B); Ord. No. 37-93, 10-19-93; Ord. No. 2-94, 2-1-94; Ord. No. 35-2003, § 2,
10-21-03; Ord. No. 03-2005, § 2, 4-5-05)
Cape Canaveral, Florida, Code of Ordinances
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 08/16/2011
Item No. 7
Subject: Recommendation to City Council for the reduction of an outstanding lien;
Case No. 2009-00148, 6395 N. Atlantic Avenue.
Department: Code Enforcement
Summary: At the June 23, 2011 Code Enforcement Board meeting, the Board
unanimously recommended that City Council reduce the outstanding lien in the amount
of eighty-eight thousand two hundred fifty dollars ($88,250.00) to Staff's cost for the
enforcement of the violation in the amount of two thousand seven hundred seventy-one
dollars and eighty cents ($2,771.80) plus the City Attorney costs, which had not yet
been tabulated; at the time of the meeting.
The lien was imposed on January 2, 2010; the property was brought into compliance on
December 21, 2010; and the bank (Foster New Bern, Inc.) took possession of the
property via foreclosure.
Rusty Mouton, Representative for Foster New Bern, Inc., appeared at the hearing
requesting the lien be reduced to staff costs because they did not own the property at
the time of the violation.
• Total lien amount is Eighty -Eight Thousand Two Hundred Fifty Dollars ($88,
250.00).
• Total cost for the enforcement of Case #2009-00148 is Two Thousand Seven
Hundred Seventy -One Dollars and Eighty Cents ($2,771.80) plus the City
Attorney costs One Thousand Three Hundred ($1,300.00) for a total of
($4,071.80).
Submitting Department Director: Todd Morle Date: 08104111
Attachments: Code Enforcement Board Memo, Application for Satisfaction or Release
of Code Enforcement Lien, Notice of Compliance, Current Lien Amount Calculation,
Staff Costs Calculation, City Attorney Cost Statement, & Code Enforcement Draft
Minutes.
Financial Impact: Up to 84,178.20 in lien collectionn minus costs).
Reviewed b Finance Director: Andrea Bowers Date: g I,,
The City Manager recommends that City Counci ke the following action(s):
Reduce the lien per Code Enforcement Board recommendation.
Approved by City Manager: David L. Greene D W-� Date: 9/q t l
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
City of Cape Canaveral
To: David Greene, City Manager
Angela Asperson, City Clerk
From: Joy Lombardi, Code Enforcement Board Secretary
Re: Recommendation to the City Council (Satisfaction or Release of Lien)
On June 23, 2011 the Code Enforcement Board reviewed the Case No. 09-00148.
By a unanimous vote, the Board recommended that the City Council grant the Reduction
of the outstanding lien in the amount of eighty-eight thousand two hundred fifty dollars
($88,250.00) to staff s cost for the enforcement of the violation in the amount of two
thousand seven hundred seventy-one dollars and eighty cents ($2,771.80) plus the City
Attorney costs which have not yet been tabulated, at the time of the meeting. The
Attorney fees have since been calculated to be one thousand three hundred ($1,300.00)
for a total of ($4,071.80).
7510 N. Atlantic Avenue - Post Office Box 326 • Cape Canaveral, PL 32920-0326
Telephone: (321) 868-1222 • Fax: (321) 868-1247
ti wmmyflorida.comlcape.. -k email: ccapecanaveral@cfl.rr.com ...
CITY OF CAPE CANAVERAL RECEIVED " '
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN JUN 0 7U11
CODE ENFORCEMENT CASE :#: 2009-00148 APPLICATION FEE: $
APPLICANT: Foster New Bern Inc.
ADDRESS: 104 South Main Street
DATE: 6` 6 1/
CITY: Greenville STATE: South Carolina ZIP: 29601
NATURE OF VIOLATION(S): Damaged portions of the structure and making parking lot free from erosion, properly
marked and clear of litter and debris.
ADDRESS OF SUBJECT PROPERTY: 6395 North Atlantic Avenue, Cape Cananveral. FL 32920__
DATE FINE/LIEN IMPOSED: January 2.2010 AMOUNT: 5250 / $88.500/DAY OR TOTAL
COMPLIANCE DATE: December 21, 2010
RELIEF REQUESED: ATISFACTION REDUCTION (Cirle one) IF REDUCTION, THE APPLICANT
PROPOSES $ 0.00 AS THE AMOUNT OF THE REDUCED FINE
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE
GRANTED: Upon the bank becoming aware of the code violation a meeting was held with Todd Morlev and Duree AIexander
on January 6, 2010 to discuss the bank's inability to take any action until the foreclosure was completed and the bank taking
ownership. The plan was for the bank to pay for the demolition upon taking ownership of the property. Unfortunatetv the
owners filed bankruptcy and the bank was unable to bring into compliance.
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED:
Maintain compliance with the code in lace.
THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE
PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED:
The bank has completed the foreclosure and we were unable to take the action discussed with code enforcement until we
become owner of the property. Fortunately it has been brought into compliance bv the owner.
ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST,
INCLUDING BUT NO LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE
REDUCTION OR SATISFACTION OF PENALTY OR FINE: In order to obtain clean title to the property, this matter must
be resolved and the lien terminated. The proactive measure taken by the bank should be an indicator to the_city of our desire
to brinzthe i3roperty into compliance.
Date:
plicant's Signature ,�',n' � 1AJ R011
STATE OF 1K
COUNTY OF !tjC,)
BEFORE ME the undersigned authority did personally appear �ND t 19• �LIAJ , who
is &9501-QP(1L4 W and who after being placed under oath, swore or affirmed the information
contained within this application is true and correct ,
APPLICATION FEE: S
00111111111811,
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1
_f JASON JOSEPH SPANN
A \p Notary PuW Mahle
*' U13 `,� ` My COMMi%im Expires September15, 2012
A `1`1E111% FOR STAFF USE ONLY
RECEIVED BY CITY ON
COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON
CODE ENFORCEMENT REVIEW ON
CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES
ACTION OF CITY COUNCIL: APPROVED: DENY:
APPROVE WITH FOLLOWING CONDITIONS:
DATE OF COUNCIL ACTION:
TO WIT: ON OR BEFORE
Certificate of the Assistant Secretary
Foster New Bern, Inc.
I, Lydia B. Mcllwain, being the duly elected Assistant Secretary of Foster New Bern, Inc. (the
"Corporation"), hereby certifies that the following is a true copy of the Resolutions of the
Board of Directors of the Corporation, taken and approved by Unanimous Written Consent
dated December 31, 2010, and that said Resolutions have not been modified and are in full
force and effect as of the date hereof:
"RESOLVED: To elect the following persons to the office opposite their names to serve
until the next Annual Meeting of Directors or until their earlier resignation
or removal from office.
Mark Lawler
President
John Preble
Treasurer
Joseph Guimond
Vice President
Dana P. Wedge
Vice President
Florinda D. Franklin
Vice President.
Mike Staid
Vice President
Robert MiIam
Vice President
Thomas Doyle
Vice President
Barry Beldin
Vice President
Randy S. Garfinkle
Vice President
RESOLVED: That the above-named officers of the Corporation are hereby authorized
and empowered to execute and deliver deeds and other sale closing
documentation, licenses, assignments and releases; contracts, agreements,
leases, purchase and sales agreements for purchase, lease, or other
acquisition or the disposition of real and personal property for and on
behalf of the Corporation and in furtherance of the business and the
interests of the Corporation"
Dated: May 6, 2011
,Gly' � � `• �:� ��
Lydia . Mcllwain, Assistant Secretary
STATE OF MAINE
CUMBERLAND, SS. May 6, 2Q11 ;= ` 19.
Personally appeared the above-named Lydia B. Mcllwain, Assistant Secretary of e ew`) `.
�, .
Bern, Inc., who made oath that the foregoin Certificate by her subscribed' true;
1 :�_
Notary PublicDEANNA M,
Notary Public,
MY C0MMiW0n Pxnires January 16. 2016
�JGI:Gill UGi- L1, GV IV
City of Cape Canaveral
Community Development Department
CITY OF CAPE CANAVERAL
NOTICE OF COMPLIANCE
John K Porter
215 Holman Road
Cape Canaveral, Fl 32920
CASE #: 2009-00148
LOCATION OF VIOLATION: 6395 N Atlantic Avenue, Cape Canaveral, Florida 32920
PROPERTY PARCEL #: 24-37-26-00-00253.1-0000.00
The above property was found in compliance on December 21, 2010, by meeting the
requirements of the Notice of Violation and the Order Imposing Penalty on First Violation, by
repairing/replacing the damaged portions of the structure and making the parking lot free from
erosion, properly marked and clear of litter and debris.
Description of Violation(s) at property: Sec. 34-98, (4), (6); Building Appearance and
Maintenance
Sec. 34-97, (a), (1); Duties and Responsibilities
Thank you for your cooperation in this matter. If you have any questions, please do not
hesitate to contact our office at (321) 868-1222.
Sincerely,
Duree Alexander
Code Enforcement Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL . 32920-0326
Telephone (321) 868-1.222 — Fax (321) 868-1247
www.myflorida.com/cape e-mail: cityofcapecanaveral.org
6395 N ATLANTIC AVENUE, CAPE CANAVERAL, FLORIDA 32920
BANANA RIVER LP- CASE NO 2009-00148
N40NTH
NUMBER OF
DAYS FINE AMOUNT TOTAL
10 -Jan
29
250 $7,250.00 CFN 2010017726, OR BK 6105
10 -Feb
28
250 $7,000.00 PG 802
10 -Mar
31
250 $7,750.00
10 -Apr
30
250 $7,500.00
10 -May
31
250 $7,750.00
10 -Jun
30
250 $7,500.00
10-1ul
31
250 $7,750.00
10 -Aug
31
250 $7,750.00
10 -Sep
30
250 $7,500.00
10 -Oct
31
250 $7,750.00
10 -Nov
30
250 $7,500.00
10 -Dec
21
250 $5,250.00
TOTAL $88,250.00
DATE: 2 -Aug -10
TO: TODD MORLEY, BUILDING OFFICIAL
FROM: DUREE .ALEXANDER, CODE ENFORCEMENT OFFICER
RE: APPROXIMATE ADMINISTRATIVE COSTS INCURRED
-CODE ENFORCEMENT CASE 9 09-148
HELEN M. WARD AKA. BANANA RIVER OF DELWARE LTD
6395 N ATLANTIC AVENUE, CAPE CANAVERAL 32920
DATE
ITEM
AMT
7/13/2009
CODE ENFORCEMENT OFFICER (CEO) INITIAL SITE VISIT 1 HR
$30.00
7/17/2009
STAFF TIME - RESEARCH - NOV CEO (2 HRS)
$60.00
7/20/2009
TELEPHONE CONFERENCE -RESEARCH (I HR)
$30.00
10/1309
CONFERENCE W/ BANK RESEARCH - CEO (1 HR)
$30.00
10/15/2009
PUBLIC RECORDS REQUEST FROM BANK - CEO (1 HR)
$30.00
10/3/2009
SITE VISIT TO INSPECT FOR UNSAFE STRUCTURE --- WRITE
REPORT OF FINDINGS - INSPECTOR CLEMENTS (3 HRS)
$150.00
10/19/2009
BLDG OFF AND CEO MEET W/RESPONDENT IN OFFICE Q HR)
$80.00
11/3/2009
CEO MEETS WBANK (1 HR)
$30.00
11/3/2009
POSTED PROPERTY- BUILDING OFFICIAL & CEO (2 ERS EA) _
CORRESPONDENCE PREPARED
$160.00
11/5/2009
POSTING OF PROPERTY - CEO & BUILDING OFFICAL MEET W/
MR. PORTER (1 HR EA)
$80.00
11/19/2009
CODE ENFORCEMENT HEARING - BLDG OFF, BRD SEC & CEO (1
HR EA)
$110.00
11/19/2009
CODE ENFORCEMENT HEARING CITY ATTY (I HR)
$125,00
12/10/09
FILING NOTICE OF ADMINISTRATIVE ACTION & RELATED
STAFF TIME - BRD SEC AND CLERK (I HR EA)
$60.00
1/21/10
COMPLIANCE HEARING - BLDG OFF, BD SEC & CEO (I HR EA)
$110.00
1./21/10
COMPLIANCE HEARING CITY ATTY (1 HR)
1$125.00
1/28/2010
BLDG OFF CONSULTS W/ BANK AND CITY ATTY'S OFFICE
TOWARD CONSENT TO DEMOLITION AGREEMENT (I HR EA)
$175.00
3/9/2010
BLDG OFFICIAL MEETS WITH MR. PORTER (1 HR)
$50.00
3/17110
CEO SOLICITS BIDS FOR DEMO (1 HR)
$30.00
4/7/2010
BLDG OFFICIAL PREPARES COUNCIL AGENDA ITEM & BACKUP
(I HR)
$50.00
4/20/2010
BLDG OFFICIAL AND CITY ATTY ATTEND COUNCIL MEETING (1
HR EA)
$175.00
8/2/2010
BLDG OFF & CITY ATTY AT COUNCIL MTG. (1HR EA)
$175.00
MISC
MAILINGS - CERTIFIED LETTERS
$166.80
Misc
REPLACING CAUTION TAPE (TWICE)
$70.00
MISC
E1VIA.IL, CORRESPONDENCE BLDG OFFICIAL, CITY ATTY, CEO
$500.00
.
OUED �-
DATE: JULY 30, 2010
TO: TODD MORLEY, BUILDING OFFICIAL
FROM: DUREE ALEXANDER, CODE ENFORCEMENT OFFICER
RE: APPROXIMATE ADMINISTRATIVE COSTS INCURRED -CODE
ENFORCEMENT CASE # 09-148
HELEN M WARD AKA BANANA RIVER OF DELWARE LTD
6395 N ATLANTIC AVENUE, CAPE CANAVERAL 32920
DATE
ITEM
AMT.
12/17/10
CORRESPONDENCE W/MR. PORTER
ALEXANDER - (1HR)
$30.00
12/17/10
STAFF TIME - BLDG OFF AND CEO
MEET TO REVIEW CASE (IHR)
$80.00
12/21/10
SITE INSPECTION BY CEO (1HR)
FOR COMPLIANCE
$30.00
12/21/10
FILE COMPLIANCE DOCUMENTS
WITH CITY CLERK (1HR)
$30.00
TOTAL
$2,771.80
Joy Lombardi
From: Kate Latorre <klatorre@orlandolaw.net>
Sent: Wednesday, July 27, 20114:57 PM
To: Duree Alexander
Cc: Joy Lombardi; Todd Morley
Subject: RE: Attorney Fees for 6395 N Atlantic Avenue Property -aka Porter Property
Duree:
Our estimate with regard to the Code Enforcement case is approximately $1,300.
I am not taking into account several other related issues involving the property and am only considering our time spent
assisting and advising staff related to drafting notices, prosecuting the case, and attending public meetings. it's hard to
give you an exact cost because we bill all of our time for all code enforcement matters together unless something
becomes a litigation file.
Please let me know if this is acceptable for purposes of the lien reduction request scheduled for Council consideration.
Thanks,
Kate
From: Duree Alexander fmailto:D.Alexander(o cityofcapecanaveral.oral
Sent: Thursday, July 21, 2011 12:28 PM
To: Kate Latorre
Cc: Joy Lombardi; Todd Morley
Subject: Attorney Fees for 6395 N Atlantic Avenue Property -aka Porter Property
Dear Kate;
Could you please forward the Attorney fees for the old Porter Property, as we would like to place it on the City Council
Agenda for the August 16, 2011, meeting. This is for the request for the Satisfaction/Reduction of the existing lien. Could
you send there by July 29th or August 1St so that Todd will have time to prepare his agenda item.
Thank you!
Sincerely,
Duree Alexander
Code Enforcement Officer
City of Cape Canaveral
321-868-1222
321868-1247 fax
Florida has a very broad public moords lava. As a result, any written communication created or received by the City of Gape Canaveral ofkials and employees will
be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law. email addresses are public records. if you do not ;rant
your email address released In response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.
Code Enforcement Board
Meeting Minutes
June 23, 2011
Page 5
Officer Alexander testified that this is a repeat violation for allowing people to sleep in the
shed. Officer Alexander stated that, following a complaint regarding people living in the
shed, an inspection was conducted with Deputy Hoffman. During the inspection the
officer observed two females inside the shed, mattresses on the floor, a chair in the
corner, and personal items inside. Ms. Williams told the officer that she was staying in
the shed because she was homeless. Also, Mr. Regan told the officer that he helps
women that are homeless by giving them somewhere to stay. Officer Alexander testified
that she observed a female asleep on a mattress in the shed.
Mr. Regan, property owner, testified that he let a woman that was beat up by her
boyfriend sleep in his shed for one night. He further stated that he did not know about the
others.
Truman Jones, Manager of the neighboring Carvers Cove Trailer Park, testified that the
entire area is a mess and he has asked him to clean up the property and the City has
asked him to clean up the property. Mr. Jones stated that every night Mr. Regan has
drunks sleeping in the shed and in the yard. Mr. Jones further stated he would like to see
this stop.
Officer Alexander respectfully requested that the Board find the respondent a repeat
violator of Section 110-468, Accessory Structure; Section 34-96(d), Standards
Established; and Section 34-97(1), Duties and Responsibilities for Maintenance, of the
City of Cape Canaveral Code of Ordinances and impose a fine in the amount of five
hundred dollars ($500.00) for May 10, 2011 and five hundred dollars ($500.00) for May
11, 2011, including all cost associated with the enforcement of the violation.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in violation and impose a fine in the amount of five hundred dollars
($500.00) for May 10, 2011 and five hundred dollars ($500.00) for May 11, 2011. Vote on
the motion carried unanimously.
OLD BUSINESS:
Case No. 09-00148 --- Violation of Section 34-97. Duties and Responsibilities for
Maintenance: and Section 34-98 Building Appearance and Maintenance of the
City of Cape Canaveral Code of Ordinances 6395 N. Atlantic Ave. —Banana
River LP. dba Banana River of Delaware. LTD: North_ Atlantic -Properties. LLC:
Helen M. ---Ward, R.A. (Application for _Satisfaction or Release of Code
Enforcement Lien by Foster New Bern, Inc.).
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that the
property was brought into compliance by the former property owner, Banana River LP, on
December 21, 2010. Officer Alexander stated that the bank took possession of the
property via foreclosure and is requesting a satisfaction or release of lien. The total of the
outstanding lien is $88,500.00.
Code Enforcement Board
Meeting Minutes
June 23, 2011
Page 6
Rusty Mouton, Representative for Foster New Bern, Inc., testified that they filed a
foreclosure suite on the property; however, the complainants filed bankruptcy which
delayed the process. Mr. Mouton stated that, upon being aware of the violation, they
contacted Code Enforcement and agreed to pay for the demolition of the building as soon
as they took ownership of it; meanwhile the building was brought into compliance. Mr.
Mouton further stated that they were proactive to remedy the situation and is requesting a
satisfaction or reduction of the lien.
Officer Alexander respectfully requested that the Board recommend reduction of the
Code Enforcement Lien to staff costs in the amount of $2,771.80, plus the City Attorney's
costs which, to date, have not yet been tabulated.
Motion by Mr. Godfrey, seconded by Mr. Viens, to recommend that City Council reduce
the lien to staff costs in the amount of two thousand seven hundred seventy-one dollars
and eighty cents ($2,771.80), plus the City Attorney's costs. Vote on the motion carried
unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:45 P.M.
Approved on this day of , 2011.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 08/16/2011
Item No. 9
Subject: Recommendation to City Council for the reduction of an outstanding lien;
Case No. 2010-00132, Vacant Parcel ID #24-37-15-00-00753.1-0000.00.
Department: Code Enforcement
Summary: At the July 21, 2011 Code Enforcement Board meeting, the Board
unanimously recommended that City Council reduce the outstanding lien in the amount
of fourteen thousand eight hundred dollars ($14,800.00) to Staff's cost for the
enforcement of the violation in the amount of four hundred twenty-six dollars and sixty-
two cents ($426.62).
PI Holdings #1, Inc. took possession of the property via foreclosure; at which time they
paid a prior outstanding lien in the amount of $16,375.00. Upon the new property owner
taking possession, the property was recited and found in violation. A fine ran from
January 20, 2011 through April 11, 2011.
Dennis Basile, Representative for P1 Holdings #1, Inc., testified that they were not
aware of the violation; however, they have hired a company to maintain the property to
a higher standard and has requested the lien be satisfied.
• Total lien amount is fourteen thousand eight hundred dollars ($14,800.00).
• Total cost for the enforcement of Case #2010-00132 is four hundred twenty-six
dollars and sixty-two cents ($426.62).
Submitting Department Director: Todd Morle n Date: 08104111
Attachments: Code Enforcement Board Memo, Application for Satisfaction or Release
of Code Enforcement Lien, Partial Release of Lien for original payment, Notice of
Compliance, Current Lien Amount Calculation, Staff Costs Calculation, Code
Enforcement Draft Minutes.
Financial Impact: Up to $14,373.38 in lien collection (Ii ou minus costs).
Reviewed by Finance Director: Andrea Bowers Date: 0/,d -f?
The
-
The City Manager recommends that City Council to a following action(s):
Reduce the lien per Code Enforcement Board recom endation.
Approved by City Manager: David L. Greene 0-1` ` Date: 9A I�r
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
W
Date: July 21, 2011
Citi- of Cape Canaveral
To: David Greene, City Manager
Angela Asperson, City Clerk
From: Joy Lombardi, Code Enforcement Board Secretary
Re: Recommendation to the City Council (Satisfaction or Release of Lien)
On July 21, 2011 the Code Enforcement Board reviewed the Case No. 10-00132.
By a unanimous vote, the Board recommended that the City Council grant the Reduction
of the outstanding lien in the amount of fourteen thousand eight hundred dollars
($14,800.00) to staff's cost for the enforcement of the violation in the amount of four
hundred twenty-six dollar and sixty-two cents ($426.62).
7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • Fax: (321) 868-1247
www.myflorida.com/cape • email. eeapecanaveral@cfl.rr.com
CITY OF CAFE CANAVERAL
AP-PLICATIOIti FOR SATISFACTION OR RELEASE
n , OF CODE ENFORCEIMIENTT LIEN
CODE ENFORCEMENT CASE #: * 3,Z r�APPLICAno, FEE: S 1 E� D
APPLICAN'T.- _` X -kC) Lb i N q&[,S' *j//,jdi �, `.DATE:
ADDPESS: I 0• L> G/X T 7 7' y
CITY: V STATE: ZIP: _ 7Z-2/0
NATURE OF VIOLATION(S): GT ��✓ .3�J►�� fSAO-
r
ADDRESS OF SUBJECT PROPERTY -
DATE FIN HIEN IH€POSED:
COMPLIANCE DATE:
AMOUNT:
RELIEF REQUESTED:ATISFACTIO / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT
PROPOSES $ AS THE AMOUNT OF THE REDUCED FINE.
Y OR TOTAL,
THE FACTUAL BASIS UPON VITHCH TIM VIOLATOR T BELIEVES
�T\\)HISJ//APPLICATION SHOULD BE GRANTED:
p gpaes) •v
(If more space is Herded add additional � �QN �' 1 1�-�•-
TERMS OR CONDI'T'IONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED:
(If more space is needed add additional pages).. V lw � 1j "&_7_ A)C K 6 `
THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE
PRIOR TO THE ORDER OF PENIALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add
additional pages)�j� �a20 %d
��a N�1 Gtr
f rz� a �� 1 i Ly M jq,vry ;z
ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PFRTINE14T TO THE REQUEST;
INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST Jx5nCH WO€1LI5 GY_ARR.i..Vt' TFIE
REDUCTION OR SATISFACTION
[A
AppucaM
PENALTY OR FINE: (If more space is needed add additional pages)
Dale: /Irl �+�
Page 2
STATE OF�
COUNTY OF Q
r EEF REMEthenndersignedauthorh didpersonallyappear '� .whoprovided
as identi.Ecation, and who after being place under oath, swore or affIrm:d he
inforrnation contained within this application is acre and correct
�.1+r t14 Notary public State of Flori�a
�_ Karen Greeley
My Commission OD978564
No blit of xpirss 041262014
FOR STAFF USE ONLY
APPLICATION FEE: S RECEIVED BY CITY ON
CONTLIANCE CONFIRMED BY BUILDING OFFICIAL ON
CODE ENFORCEMENT REVIEW ON
CODE ENFORCE&MNT RECOMMENDATION ATTACHED: YES
ACTION OF CITY COUNCIL- APPROVE; DENY; APPROVE WITH FOLLOWING
CONDITIONS:
DATE OF COUNCIL ACTION..
CONDTTIOM AND PAYMENT OF REDUCED FINE TO BE MET AMEN 30 DAYS OF COUNCIL ACTION,
TO W7. ON OIL BEFORE
=compass 15 South 20th Street
Birmingham, AL 35233
July 11, 2011
To whom it may concern:
Please accept this letter as PI Holdings No. I LLC authorization for Mr. Dennis Basile, of D.
Basile Real Estate, LLC to speak on our behalf and sign documents required concerning the
Code Enforcement Violation on PI Holdings No. I LLC property located on Thurm Boulevard in
the City of Cape Canaveral,
PI Holdings No. 1 LLC is a subsidiary of Compass Bank.
Sincerely,
Cam Calvert, VP
PI Holdings.No. 1 LLC
Return to:
CFN 2011108666, OR BK 6403 PAGE 408,
Recorded 06/17[2011 at 01:43 PM, Mitch Needelman, Clerk
of Courts, Brevard County
Community Development Department # PgsA
City of Cape Canaveral
7510 N. Atlantic Avenue
Cape Canaveral, FL 32920
PARTIAL RELEASE OF LIEN
KNOW ALL PEOPLE BY THESE PRESENTS:
1. For and in consideration of the sum of SIXTEEN THOUSAND THREE HUNDRED SEVENTY-
FIVE AND 001100 DOLLARS ($16,375.00), and other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged, the CITY OF CAPE CANAVERAL, a Florida municipal
corporation, hereby releases and satisfies its rights arising from or pertaining to the City's Order Imposing
Penalty on First Violation filed in the office of the Clerk of Circuit Court of Brevard County, Florida, on
February 24,20 10, in Official Records Book 6118, Page 2495, Public Records of Brevard County, Florida
("Lien") and declares said Lien satisfied ONLY WITH REGARD TO THE FOLLOWING REAL
PROPERTY:
Brevard County Property Appraiser Parcel id:
24-37-15-00•-00753.1-0000.00 SCANNED
More particularly described as:
PART OF GOVERNMENT LOT 4 DESCRIBED AS THE "NORTH PARCEL" WITHIN
BREVARD COUNTY OFFICIAL RECORD BOOK 5315, PAGE 1000.
2. Pursuant to section 162.09(3), Florida Statutes, the Lien shall remain in full force and effect with
respect to all other real and personal property of Mermaid Key, LLC not specified herein.
3. Further, the Lien shall remain in faII force and effect with respect to all other real property subject
to the Lien not expressly released herein.
WITNESS my hand and seal this —day of JU/T � , 2011.
SSES
Yh Vol• M, ih�-,CC,
STATE OF FLORIDA
COUNTY OF BREVARD
CITY OF CAPE CANAVERAL, FLORIDA:
By: Da --i Z M
David L. Greene, City Manager
The foregoing instrument was acknowledged before me this L� day of �/� , 2011, by
DAVID L. GREENS, City Manager of the City of Cape Canaveral, who is personally known to me and who
did not take an oath.
,aaurn MEA GOFOPTH
♦�pAY A 6
Notary Public - State of Florida
" ? My Comm. Expires May 16, 2013
F Commission # DD 853685
Bonded Through National Notary Min.
rhreu.•`
.January 24, 2011
PI HOLDINGS #1 INC.
P.O. BOX 4444
Houston, TX 77210
CASE #: 2010-00132
CityCapeof Canaveral
Community Development Department
NOTICE OF COMPLIANCE
LOCATION OF VIOLATION: Vacant Parcel PART OF GOVT LOT 4 DESC AS THE
"NORTH PARCEL" WITHIN ORB 5315 PG 1000, Cape Canaveral, Florida 32920
PROPERTY PARCEL #: 24.37-23-10-00000.0-0015.00
Respondent(s):
The above property was found in compliance on April 11, 2011, by meeting the requirements of
the Notice of Violation for property maintenance.
Description of Violation(s) at property:
Section 34-97, Duties and Responsibilities for Maintenance
Section 34-122, Public Nuisances prohibited
Section 110-470, Fences, Walls and Hedges
Thank you for your cooperation in this matter. If you have any questions, please do not hesitate
to contact our office at (321) 868-1222.
VS' c rely,
uree Alexander
Code Enforcement Officer
C: Dennis Basile, CCIM
7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cgpe e-mail: cityofcapecanaveral.org
CityCapeof Canaveral
Community Development Department
Date: August 4, 2011
To: Angela Apperson, City Clerk
From: Duree Alexander, Code Enforcement Officer
Through: Todd Morley, Building Official
Re: Satisfaction of Lien for PI Holdings # 1, Know as "North Parcel"
Parcel ID# PART OF GOV LOT 4 DESC AS THE NORTHE PARCEL SOUTH
PARCEL COMERRCIAL PARCEL WITHIN OR5315 PG 1000
The lien was recorded on 2103111, CFN 2011019896, Official Record Book 6326, Page
2824.
1/20/11
1 day @ 250.00
$ 250.00
1/21/11
11 days@ 150.00 per day
$1,650.00
2111
28 days @150.00 per day
$4,200.00
3111
31 days @150.00 per day
$4,650.00
4/11
27 days @150.00 per day
$4,050.00
TOTAL
$14,800.00
7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myaorida.com/cape e-mail: cityofcapecanaveral.org
Date: August 4, 2011
TO: Todd Morley, Building Official
From: Duree Alexander, Code Enforcement Officer
RE: Approximate Administrative Costs Incurred -- Code Enforcement Case No. 2010-00132
Parcel ID# PART OF GOV LOT 4 DESC AS THE NORTHE PARCEL SOUTH PARCEL
COMERRCIAL PARCEL WITHIN OR5315 PG 1000
DATE
ITEM
AMOUNT
1015/10
PROPERTY OWNER RESEACH CEO- IHR
$30.00
1016110
PROPERTY SITE VISIT CEO ---'12 HR
15.00
10/19/10
PREPARE NOTICE OF VIOLATION CEO -1 FIR
30.00
11/8/10
PROPERTY SITE VISIT CEO — %2 HR
15.00
12/13/10
ASSIST PROPERTY OWNER W/ NO TREPASSING SIGNAGE
CEO -2 HRS
60.00
12/15/10
PROPERTY SITE VISIT PREPARE ORDER TO APPEAR
CEO -2 HRS
60.00
1120111
CEB HEARING I HR CEO, BD SEC.
55.00
4/7/11
CORRESPONDENCE W/REPRESENTATIVE CEO %2 HR
15.00
4/8/11
CORRESPONDENCE W/REPRESENTATIVE CEO %2 HR
15.00
4/11/11
COMPLIANCE INSPECTION CEO 1 HR
30.00
4127/11
SITE VISIT CEO 1 HR
30.00
7/21/11
CODE ENFORCEMENT HEARING LIEN REQUEST 1 HR CEO,
BD SEC. 1 HR
55.00
MISC. MAILINGS
16.62
TOTAL FEES
$426.62
NOTE: Code Enforcement minutes reflect staff costs in the amount of 501.62. Amount presented to the
Code Enforcement Board Hearing held on July 21, 2011 was an approximate amount and upon
preparation of staff costs for the City Council meeting an error in calculation was discovered. Corrected
amount is as appears above.
Code Enforcement Board
Meeting Minutes
July 21, 2011
Page 4
PUBLIC HEARINGS:
Case No. 11-00039 - Violation of Section 34-122(b), Public Nuisances Prohibited,
of the City of Cape Canaveral Code of Ordinances Vacant Parcel — ID#24-37-15-
00-00026.0-0000.00)_- E. _Stephen Stroud & Grace D. Ramsey, Property Owners.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that the
violation is for overgrown grass. Officer Alexander stated that the property owner mowed
the interior portion of the lot but left several feet of the front of the property overgrown.
Officer Alexander further stated that she sent an e-mail with pictures attached to inform
the owner that the lot was still in violation; there was no response.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 34-122(b), Public Nuisances Prohibited, of the City of Cape Canaveral Code of
Ordinances and be given until August 18, 2011 to come into compliance or impose a fine
in the amount of one hundred fifty: dollars ($150.00) for the first day and one hundred
dollars ($100.00) per day thereafter until found in compliance.
Motion by Ms. Hartley, seconded by Mr. Lotspeich, to accept staff's recommendation and
find the respondent in violation and be given until August 18, 2011 to come into
compliance or impose a fine in the amount of one hundred fifty dollars ($150.00) for the
first day and one hundred dollars ($100.00) per day thereafter until found in compliance.
Vote on the motion carried unanimously.
OLD BUSINESS:
Case No. 1.0-001.32 - Violation of Section 34-122(b), Public Nuisances Prohibited:
and Section 110-470. Fences. Wall, and Hedge—sof the City of Cape Canaveral
Code of Ordinances Vacant Parcel — ID#24-37-15-00-00753.1-0000.00 -- PI
Holdings #1 Inc., PropertyOwners— (Application for Satisfaction or Release of
Code Enforcement Lien by PI Holdings #1 Inc.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that PI Holding
#1, Inc. took possession of the property via foreclosure and requested the payoff amount
of the outstanding lien that was incurred by the previous property owner.
On October 6, 2010 Pl Holding #1, Inc. paid the outstanding lien in the amount of
$16,375.00. Officer Alexander stated that the property continued to be in violation and
she sent a Notice of Violation to the current owner (PI Holding 91, Inc.). A fine was
imposed in the amount of two hundred and fifty dollars ($250.00) for January 20, 2011
and one hundred and fifty dollars ($150.00) per day thereafter until they were found in
compliance on April 27, 2011. The total current lien is $14,800.00.
Officer Alexander explained that the PI Holdings #1, Inc. has hired a company to keep the
property in compliance. She further stated that they have gone above and beyond what
was asked and property looks great.
Code Enforcement Board
Meeting Minutes
July 21, 2011
Page 5
Dennis Basile, Representative for PI Holdings, #1, Inc., testified that the corporation was
not aware of the violation. As soon as the corporation appointed him to take care of the
property, he contacted Duree to resolve the issues on the property and has since hired a
company to maintain the property to a higher standard.
Mr. Basile requested a waiver of the total current lien because they had paid the initial
lien and brought the property into compliance as soon as they were aware of the
violation.
Officer Alexander respectfully requested that the Board recommend reduction of the
Code Enforcement Lien to staff costs in the amount of five hundred one dollars and sixty-
two cents ($561.62).
Motion by Mr. Lotspeich, seconded by Ms. Hartley, to recommend that City Council
reduce the lien to staff costs in the amount of five hundred one dollars and sixty-two cents
($501.62). Vote on the motion carried unanimously.
ADJOURNMENT.
There being no further business the meeting adjourned at 8:00 P.M.
Approved on this day of , 2011.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary