HomeMy WebLinkAboutAgenda Packet 04-15-2014III nar I
Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tern or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tern or Meeting Chair.
PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
April 15, 2014
6:00 PM
PLEDGE OF ALLEGIANCE:
1:161RIESY-.14
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item
that is listed on the agenda for final official action by the City Council excluding public hearing items which are
heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes,
informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3)
minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The
Council may schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS / INTERVIEWS:
6:15 p.m. — 6:20 p.m.
Proclamation designating May 17, 2014 as "Kids to Parks Day".
CONSENT AGENDA:
6:20 p.m. — 6:25 p.m.
1. Approve Minutes for Regular City Council Meeting of March 18, 2014.
2. Resolution No. 2014-11; appointing a Member to the Code Enforcement Board of
the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date. (Christopher C. Cloney)
3. Resolution No. 2014-12; removing a Member of the Business and Economic
Development Board of the City of Cape Canaveral, Florida; providing for the
repeal of prior inconsistent resolutions; severability; and an effective date.
(William Carroll)
4. Resolution No. 2014-13; reappointing Members to the Community Appearance
Board and Construction Board of Adjustment and Appeals of the City of Cape
Canaveral; providing for the repeal of prior inconsistent resolutions; severability;
and an effective date. (Angela Raymond, Bob Nienstadt and Thomas Quinn)
City of Cape Canaveral, Florida
City Council Meeting
April 15, 2014
Page 2 of 2
5. Resolution No. 2014-14; appointing a Member to the Board of Adjustment of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (Desmond Wassell)
6. Resolution No. 2014-15; opposing Seismic Airgun Testing in the Atlantic Ocean;
providing for the repeal of prior inconsistent resolutions; severability; and an
effective date.
7. Approve Task Order No. 2 in the amount of $66,200 to Allen Engineering, Inc. for
surveying, development of a GIS stormwater database and performance of other
tasks in preparation of a Stormwater Master Plan and authorize the City Manager
to execute same.
8. Award the bid for the Wastewater Treatment Plant Main Building Renovation to
Welsh Construction, LLC., in the amount of $832,431 and authorize the City
Manager to execute the Construction Agreement for same.
9. Authorize the purchase of an Emergency Power Standby Generator for Lift
Station #4 located in Harbor Heights in the amount of $39,840.
=130VIM1710179894
10. Ordinance No. 05-2014; amending Chapter 110, Zoning, of the Code of
Ordinances; providing for the revision of the definition of a variance; providing for
the repeal of prior inconsistent ordinances and resolutions; incorporation into the
Code; severability; and an effective date, first reading.
REPORTS:
6:45 p.m. — 7:00 p.m.
1 • 1
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any
decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of
the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is
accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 4/15/2014
PRESENTATIONS /INTERVIEWS
Subject: Proclamation designating May 17, 2014 as "Kids to Parks Day ".
Department: Legislative and Leisure Services
Summary: The National Park Trust (NPT) is dedicated to preserving parks today and
creating park stewards for tomorrow. NPT is the Nation's only organization dedicated to
the completion, and the full appreciation, of the American system of local, state and
national parks through the identification of key land acquisition and preservation needs.
The future of our Nation's treasured parks, public lands and other open spaces rests in
the hands of our youth. Through NPT's widely respected and rapidly growing kids to
parks initiatives and Buddy Bison (NPT mascot) youth education program, everyone will
be provided with the American Park experience they deserve.
May 17, 2014 is the fourth annual Kids to Parks Day organized and launched by the
National Park Trust. Kids to Parks Day empowers kids and encourages families to get
outdoors and visit America's parks; it is important to introduce a new generation to our
Nation's parks because of the decline in Park attendance over the last decades; we
should encourage children to lead a more active lifestyle to combat the issues of
childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and, Kids
to Parks Day is open to all children and adults across the country to encourage a large
and diverse group of participants. Kids to Parks Day will broaden children's appreciation
for nature and the outdoors.
The City of Cape Canaveral is partnering with Cape View Elementary School on
Saturday, May 17, 2014 to have a kickball tournament and will cap the evening with a
Movie in the Park at Canaveral City Park.
Residents of the City of Cape Canaveral are urged to make time May 17, 2014 to take
the children in their lives to a neighborhood, state or national park. For more
information, please go to www.kidstoparks.org.
Submitting Council Member and Department Director:
Mayor Randels and Gustavo Ver ara Date: 3 -24 -14
Attachment: Proclamation
Financial Impact: Staff time to prepare item and cost f event.
Reviewed b Finance Director: John DeLeo Date:
The City Manager recommends that City Council t ke the following action(s):
Read the Proclamation designating May 17, 2014 as " Rational Kids to Parks Day ".
Approved by City Manager: David L. Greene b >A- Date: / IN
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications [ ] Tabled to Time Certain
-$ a
WHEREAS, May 17th, 2014 is the fourth Kids to Parks Day
organized and launched by the National Park Trust; and
WHEREAS, Kids to Parks Day empowers kids and encourages
families to get outdoors and visit America's parks; and
WHEREAS, it is important to introduce a new generation to our
Nation's parks because of the decline in Park attendance over the last
decades; and
WHEREAS, we should encourage children to lead a more active
lifestyle to combat the issues of childhood obesity, diabetes mellitus,
hypertension and hypercholesterolemia; and
WHEREAS, Kids to Parks Day is open to all children and adults
across the country to encourage a large and diverse group of participants;
and
WHEREAS, Kids to Parks Day will broaden children's appreciation
for nature and the outdoors; and
NOW THEREFORE, I, Rocky Randels, Mayor of the City of Cape
Canaveral, Brevard County, Florida, do hereby proclaim May 17, 2014 as
Kids to Parks Day
I urge residents of the City of Cape Canaveral to make time May 17,
2014 to take the children in their lives to a neighborhood, state or national
park.
tl* of
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 18, 2014
6:00 PM
MINUTES
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ROLL CALL:
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Mayor Pro Tem
Mayor
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Richard "Trev" Treverton congratulated the City for reducing the number of Coun
meetings to once a month. He encouraged the City to invite the City of Austin, Texas
become a Sister City of Cape Canaveral, in hopes of changing their policy related
jaywalking. I
City Council Regular Meeting
March
s 20
Page 2 of 6
PRESENTATIONS / INTERVIEWS:
natina ADOI 2014 as Parliamentarv-Law Month�f'nii,/,the City of
City Council Regular Meeting
March 18, 2014
Page 4 of 6
Municigalities and Brevard County Government to provide the highest level of
Emergency Medical Services ("EMS") to Municipal and County residents; providing an
effective date, and providing for adoption:
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A motion was made by Council Member Hoog, seconded by Council Member
Bond, to approve Consent Agenda items 1, 2, 3, 5, 6, 7 and The motion carried
5-0 with voting as follows: Council Member Bond, "For; Council Member Hoog,
For; Mayor Pro Tern Petsos, For; Mayor Ran"del's, For; andi-touncil Member
Walsh, For.
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City Council Regular Meeting
March 18, 2014
Page 5 of 6
REPORTS:
--sos thanked Stafi for their eiYorts on the Audit and Public 1,17orks
ic6lar fr the annual Sea ts ject, which nw stans at 8,
1=� • �Iunteers over the Oa Pro • • 0 500
past years.
Council Member Ho•• thanked everyone for showing up; the Fire Station is well undm
way and he is looking forward to the fire trucks rolling out; and thanks to Staff for th
work • the CAFR (Comprehensive Annual Financial Report). I
Mayor Ran•els thanked Mayor Pro Tern Petsos for taking over while he was gone, Staff
for making the City Council look good and getting things done.
City Council Regular Meeting
March 18, 2014
Page 6 of 6
111 411 14111VI WILON INISSIZ-1.1 1 99- 1 W-e 0 1 -0411KOIS(011 -I
ADJOURNMENT:
Angela M. Apperson, IVIIVIC,
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/15/2014
Item No.
Subject: Resolution No. 2014 -11; appointing a Member to the Code Enforcement
Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date. (Christopher C. Cloney)
Department: Community and Economic Development
Summary: The City Council interviewed Code Enforcement Board Applicants Jerry
Agtmaal, Christopher Cloney and Desmond Wassell at its March 18, 2014 Regular
Meeting. After nominations, Mr. Cloney was chosen to serve as the new Board Member
due to his extensive background in law.
It is now incumbent upon the City Council to adopt Resolution No. 2014 -11 appointing
Mr. Cloney to the Code Enforcement Board. The term of appointment shall be until
October 1, 2017.
Submitting Department Director: Angela Apperson Date: 03 -21 -2014
Attachment: Resolution No. 2014 -11
Financial Impact: Staff time to prepare item. II''
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Council thke the following action:
Adopt Resolution No. 2014 -11.
Approved by City Manager: David L. Greene 01-4- Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION 2014 -11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A
MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF
CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Section 2 -256 established a Board known as the Code Enforcement Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a Member to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment to Code Enforcement Board pursuant to Section 2- 171(e) of the
Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the
following individual to the Cape Canaveral Board indicated below:
Christopher C. Clone y shall be appointed to the Code Enforcement Board, to serve
until October 1, 2017.
Following completion of the initial term, the appointee shall be eligible for reappointment to the
Code Enforcement Board for an additional term consistent with the limitations set forth in section 2-
171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
(Adoption page follows)
City of Cape Canaveral
Resolution No. 2014 -11
Page 1 of 2
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 15th day of April, 2014.
Name FOR AGAINST
err •r•1
Angela Apperson, City Clerk Bob H••g
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014-11
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/15/2014
Item No.
Subject: Resolution No. 2014 -12; removing a Member of the Business and Economic
Development Board of the City of Cape Canaveral, Florida; providing for the repeal of
prior inconsistent resolutions; severability; and an effective date. (William Carroll)
Department: Administrative Services
Summary: City Code Section 2 -171 (Attachment 1) outlines uniform procedures and
requirements for the appointment of Board or Committee Members. Section 2- 171(e)
requires City Council appoint or remove Board Members by majority vote and passage
of a Resolution. Section 2- 171(g) establishes attendance standards for Board
Members.
The Business and Economic Development Board was established in December 2011;
has convened five times and having been absent from each of those meetings, Board
Member William Carroll has now met the threshold for removal from the Board.
Resolution No. 2014 -12 (Attachment 2) is presented for adoption to complete the
removal of William Carroll from the Board.
Several attempts were made by Staff to contact/locate Mr. Carroll. (Attachment 3)
The City Clerk's Office will notify Mr. Carroll via Certified Mail and will advertise the
vacancy on the City Hall Marquee.
Submitting Department Director: Angela Apperson Date: 03 -28 -2014
Attachment: #1 — Sec. 2 -171 of the City Code, #2 — Resolution No. 2014 -12 and #3 -
Memo.
Financial Impact: Staff time to prepare agenda item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Council ke the following tion:
Adopt Resolution No. 2014 -12.
Approved by City Manager: David L. Greene Date:
City Council Action: [ ] Approved as Recommended [ ] Disapprove
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Municode
Attachment 1
Sec. 2 -171. Uniform procedures and requirements.
Page 1 of 3
(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 voter shall 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.
(3) Business owner shall mean any person who possesses the exclusive right to hold,
use, benefit from, enjoy, convey, transfer, and otherwise dispose of an asset or
property of a business located within the city, or a designated employee of that
business.
(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, or business owner, 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, or a business
owner, 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;
(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; and
(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, there shall be no more than two voting board or committee members not
satisfying both the residency and registered voter requirements allowed to be appointed or
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IOWA 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.
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Page 3 of 3
(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 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) Ex- officio members. At the discretion of the city council, ex- officio members may be
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; Ord. No. 13 -2011, § 2, 12- 20 -11)
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Attachment 2
RESOLUTION 2014 -12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; REMOVING A
MEMBER OF THE BUSINESS AND ECONOMIC DEVELOPMENT
BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the
State Constitution to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, City Code Section 22 -26 established a Board known as the Business and
Economic Development Board; and
WHEREAS, City Code Section 2- 171(e) requires the City Council of the City of Cape
Canaveral appoint or remove City Board Members by majority vote of the City Council and by
Resolution; and
WHEREAS, City Code Section 2- 171(g) establishes attendance standards for Board
Members; and
WHEREAS, William Carroll was appointed the the Business and Economic
Development Board on 11/20/2012 via Resolution No. 2012 -30 and has not attended any of the
five meetings held; and
WHEREAS, in accordance with Section 2- 171(e) of the City Code, it is now incumbent
upon the City Council of the City of Cape Canaveral to remove a Member of said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Removal of Business and Economic Development Board Member. Pursuant
to Section 2- 171(e) of the City Code, the City Council hereby removes William Carroll as a
member of the Business and Economic Development Board.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
City of Cape Canaveral
Resolution No. 2014 -12
Page 1 of 2
Attachment 2
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 15th day of April, 2014.
Rocky Randels, Mayor
ATTEST: Name FOR AGAINST
John Bond
Angela Apperson, City Clerk Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014 -12
Page 2 of 2
Attachment 3
Memo
TO: David Greene, City Manager
FROM: Todd Morley, Community & Economic Development Director
DATE: April 4, 2014
RE: Bus. & Econ. Development Board member Bill Carroll — Attempted Contact
As of April 4, 2014, the following methods to contact Business and Economic Development
Board Member Bill Carroll were attempted with no success:
Date
Action
March 31,
Attempted phone contact, number on City application, left detailed voice mail message.
2014
April 3, 2014
Attempted phone contact, number on City application, left detailed voice mail message.
April 3, 2014
Knocked on door at address listed on City application. No response. Left card
requesting contact.
April 3, 2014
White pages lookup of William Carroll, Cape Canaveral, resulted in no information.
April 3, 2014
Research of DBPR online licensee search by individual name "William Carroll ". No
information on this name.
April 3, 2014
Research of DBPR online licensee search by company name listed on application
"Andrews Air ". There is a current license for this company. However, there is no link
to Mr. Carroll. The name of the company's Qualifier was provided.
April 3, 2014
Google search of "Andrews Air" resulted only in a hit from "findthecompany.com ".
Generic Public Information is available. No phone number provided.
April 3, 2014
White pages lookup of Qualifier resulted in a personal phone number. The number is
disconnected.
April 3, 2014
Yellow pages look up of Andrews Air, near Ormond Beach yielded no results.
April 3, 2014
search
Re of Sunbiz database by name "ANDREW'S AIR CONDITIONING LLC"
resulted in confirmation of name of Qualifier. No phone number given. Address for
Qualifier provided.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 4/15/2014
Item No.
Subject: Resolution No. 2014 -13; reappointing Members to the Community
Appearance Board and Construction Board of Adjustment and Appeals of the City of
Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability;
and an effective date. (Angela Raymond, Bob Nienstadt and Thomas Quinn)
Department: Legislative
Summary: The terms for Community Appearance Board Members Bob Nienstadt and
Angela Raymond will expire May 1, 2014. Both Members expressed desire to continue
serving on the Board for three year terms (see attached Expiration Notices).
Construction Board of Adjustment and Appeals Board Member Thomas Quinn's term
will expire April 16, 2014. Mr. Quinn expressed desire to continue serving on the Board
for a three year term (see attached Expiration Notice).
It is now incumbent upon the City Council to reappoint each as Members of said
Boards.
Submitting Department Director: Angela Apperson Date: 4/1/2014
Attachments: Resolution. No. 2014 -13 and Expiration No ices.
Financial Impact: Staff time and effort to prepare this nda Item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Council t the following action':
Adopt Resolution No. 2014 -13.
Approved by City Manager: David L. Greene Date: /
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION 2014 -13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING
MEMBERS TO THE COMMUNITY APPEARANCE BOARD AND
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS OF
THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 22-
37, Cape Canaveral City Code, established a board known as the Community Appearance Board;
and
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 82-
32, Cape Canaveral City Code, established a board known as the Construction Board of
Adjustment and Appeals; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint Members to said Boards.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Reappointments to the Community Appearance Board and Construction
Board of Adjustment and Appeals pursuant to Section 2- 171(e) of the Cape Canaveral City
Code, the City Council of the City of Cape Canaveral hereby reappoints the following
individuals to the Cape Canaveral Boards indicated below:
A. Bob Nienstadt and Angela ymond shall each be reappointed to the Community
Appearance Board for terms of three (3) years.
B. Thomas Quinn shall be reappointed to the Construction Board of Adjustment and
Appeals for a term of three (3) years.
Following completion of their initial three (3) year terms, the Member shall be eligible for
reappointment to said Boards for additional terms consistent with the limitations set forth in
section 2- 171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
City of Cape Canaveral
Resolution No. 2014 -13
Page 1 of 2
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 15th day of April, 2014.
Rocky Randels, Mayor
ATTEST: Name FOR AGAINST
John Bond
Angela Apperson, Bob Hoog
City Clerk
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014 -13
Page 2 of 2
Bob Nienstadt
355 Harbor Drive
Cape Canaveral, FL 32920
�14
Your term on the Community Appearance Board will expire on May 1, 2014. Please check the
box that indicates your desire to serve or not continue to serve on the Board for a 3-year term and
return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed
envelope.
I f you choose to continue serving, a Resolution for your reappointment to the Board will appear on the
City Council Meeting Agenda scheduled for April 15, 2014.
P� I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
P, ) U,10•—'tALI . (Signature)
Bob Nienstah goard Member
Angela M. Apperson, MMC
Administrative Services Director/City Clerk
105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 Fax: (321) 868-1248
www.cityofcapecanaveral.org • email: inf6Cq)cityofcapecanaveral.org
Angela Raymond
7048
•♦ Canaveral, 1
V'. 7 =a=
Your term on the Community ` Board 1 on May 1, 2014. Please
box that indicates your or # t continue to serve on - Board
envelope.
Council City Meeting Agenda I;. . #,, . # for April /
i8 I DO wish to be considered for reappointment.
Angela M. Apperson, MMC
Administrative Services Director /City Clerk
INI E
105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920 -0326
Telephone (321 ) 868 -1220 Fax: (321) 868 -1248
www.cityofcapecanaveral.org • email: info a cityofcapecanaveral.org
TI homas Quinn
303 E. Central Blvd.
Cape Canaveral, FL 32920
Your term on the Construction Board of Adjustment and Appeals will expire on April 16,
2014. Please check the box that indicates your desire to serve or not continue to serve on the Board
for a 3-year term and return this Notice to the City Clerk's Office using the enclosed stamped, self-
addressed envelope.
IT you choose to serve, adoption • a resolution for your reappointment to the Board will •
eduled to appear on the Agenda for the Regular City Council Meeting of April 15, 2014 at 6
Iti.m. You are welcome to attend. —
\R(l DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
(Signature)
Thomas Quinn, Board Member
193%; �41 W
Telephone (321) 868-1220 , Fax: (321) 868-1248
www.cityofcapecanaveral.org - email: infoCycityofcapecanaveral.ol
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/15/2014
Item No.
Subject: Resolution No. 2014 -14; appointing a Member to the Board of Adjustment of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (Desmond Wassell)
Department: Community and Economic Development
Summary: Desmond Wassell submitted an application for appointment to a City
Advisory Board or Committee on November 26, 2013, listing his desired service as the
Library Board. On January 9, 2014, Mr. Wassell and several other individuals were
interviewed by the Library Board and after a difficult decision, the Board selected
another candidate. Mr. Wassell was interviewed for service on the Code Enforcement
Board at its February 20, 2014 Meeting and interviewed by the City Council at its March
18, 2014 Regular Meeting. The City Council chose another candidate for service on the
Code Enforcement Board; however, Council Members agreed to consider Mr. Wassell
for service on another Board. The Board of Adjustment interviewed Mr. Wassell on
March 27, 2014 and recommended appointment to the Board. (attachment 1)
It is now incumbent upon the City Council to adopt Resolution No. 2014 -14 appointing
Mr. Wassell to the Board of Adjustment. The term of appointment shall be until October
1, 2017. (Attachment 2)
Submitting Department Director: Angela Apperson Date: 04/2/2014
Attachments: (1) Memo of recommendation; (2) Resolution No. 2014 -14.
Financial Impact: Staff time to prepare item.
Reviewed by Finance Director: John DeLeo Date: �
The City Manager recommends that City Council ke the following adiori-
Adopt Resolution No. 2014 -14.
Approved by City Manager: David L. Greene Date: ,2
City Council Action: [ ] Approved as Recommended [ ] Disapprove
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
105 Polk Avenue, Cape Canaveral, FL 32920
P.O. Box 326
321- 868 -1220 ext 220
321 - 868 -1248
Memo
TO: David L. Greene, City Manager
-�: P
VIA: David Dickey, Planning and Zoning Director
FROM: Mia Goforth, Deputy City Clerk/Recording Secr
DATE: 4/1/2014
RE: Recommendation to the City Council — Board of Adjustment Applicant
Desmond Wassell
At the March 27, 2014 Board of Adjustment Meeting, the Board interviewed Desmond Wassell. By
unanimous vote, the Board recommended Mr. Wassell for appointment.
Attachment 2
RESOLUTION 2014 -14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A
MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF
CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Section 110 -2 established a Board known as the Board of Adjustment; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a Member to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment to Board of Adjustment pursuant to Section 2- 171(e) of the Cape
Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the
following individual to the Cape Canaveral Board indicated below:
Desmond Wassell shall be appointed to the Board of Adjustment, to serve until
October 1, 2017.
Following completion of the initial term, the appointee shall be eligible for reappointment to the
Board of Adjustment for an additional term consistent with the limitations set forth in section 2-
171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
(Adoption page follows)
City of Cape Canaveral
Resolution No. 2014 -14
Page 1 of 2
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 15th day of April, 2014.
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014 -14
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/15/2014
Item No.
Subject: Resolution No. 2014 -15; opposing Seismic Airgun Testing in the Atlantic
Ocean; providing for the repeal of prior inconsistent resolutions; severability; and an
effective date.
Department: Administrative Services
Summary: In December 2009, the City of Cape Canaveral City Council passed a
resolution opposing a bill to allow for offshore drilling in the State of Florida (see
Attachment 1).
As reported by Florida Today and other media outlets recently, Federal regulators plan
to allow seismic airguns that emit dynamite -like underwater blasts to survey for oil and
gas deep beneath the ocean floor, from Cape Canaveral to Delaware. Conservation
groups fear the tests, which are 100,000 times more intense than a jet engine, will kill or
harm thousands of dolphins, whales and other marine life. (see Attachment 2)
According to Wikipedia, reflection seismology is a method of exploration geophysics
that uses the principles of seismology to estimate the properties of the Earth's
subsurface from reflected seismic waves (waves of energy that travel through the
Earth's layers). The method requires a controlled seismic source of energy, such as
dynamite or a specialized airgun. Attachment 3 illustrates how seismic airgun testing
works and its impacts.
Resolution No. 2014 -15 (Attachment 4) is submitted for Council consideration. The City
of Cocoa Beach Commission passed a similar resolution on Thursday, April 3, 2013 to
oppose seismic airgun testing in the Atlantic Ocean in order to find oil and gas deposits.
Submitting Department Director: Angela Apperson Date: 04/4/2014
Attachments: (1) Resolutions opposing offshore drilling; (2) Articles; (3) Illustration; (4)
Resolution No. 2014 -15
Financial Impact: Staff time to prepare item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Coun it ake the following cti n:
Adopt Resolution No. 2014 -14. .,
Approved by City Manager: David L. Greene D' -y Date: At
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
RESOLUTION NO. 2009-48
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, OPPOSING A BILL TO ALLOW THE GOVERNOR
AND CABINET TO ALLOW FOR OFFSHORE DRILLING IN THE STATE
OF FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Brevard County, Florida has made the
following determinations:
1. The Florida House has begun debate on a bill to allow the Governor and
Cabinet to allow for offshore drilling off Florida's coast and end the 20 -year drilling
moratorium.
2. This bill would allow the Governor and Cabinet (sitting as the Trustees of
the Internal Improvement Trust Fund) to receive, review, and then accept or reject in the
Cabinet's sole discretion, proposals for exploration and production of oil and natural gas
in Florida's state waters.
3. Offshore drilling would threaten Florida's economy by bringing oil rigs 3
miles off Florida's coast, sanctioning drilling in the shallow waters of the Guff, and
allowing unlimited pipelines to go through sensitive areas up to Florida beaches.
4. Offshore drilling creates an environmental threat to marine animals
whereby the sounds cant' through the water for hundreds of miles and have been
known to cause permanent hearing loss in marine mammals and also disrupts their
feeding, migration, social bonding, predator avoidance, and have been associated with
stranded whales.
NOW THEREFORE, BE IT RESOLVED by the City of Cape Canaveral, Brevard
County, Florida:
Section 1: The foregoing recitals contained in the preamble to this
Resolution are incorporated by reference herein.
Section 2: This City opposes offshore drilling in Florida.
Section 3: The City Clerk is hereby directed to send a copy of this
resolution to Governor Charlie Crist, the County's Legislative Delegation, the
Space Coast League of Cities and the Florida League of Cities.
Section 4: This Resolution shall take effect upon its adoption.
City of Cape Canaveral, Florida
Resolution No. 2009 -48
Page 2 of 2
ADOPTED BY, the City of Cape Canaveral City Council this 15th day of December,
2009.
ATTEST:
Ang la M. Apperso , tity Clerk
Approved as to Form:
Anthony A. Ga anese, City Attomey
Rocky Rand s, Mayor
Name
For Against
Robert Hoog x
BUZZ Petsos Met#e Second
Rocky Randels x
�
� Motion
Shannon Roberts
Betty Walsh x
Feds plan to OK oil, gas surveys
Jim Waymer, Brevard 12,4 8 a m. IKSTA?bn ary YS, 2014
Attachment 2 Page I of 3
CONNECT I xt:
gas deep beneath the ocean floor, from Cape Canaveral to Delaware.
But conservation groups fear the tests — which are 100,000 times more intense than a jet engine — will kill or
'ian,n thousands of dolphins, whales and other marine life.
"We don't need to turn the Atlantic into a blast zone said Matthew Huelsenbeck, marine scientist at Oceana, a nonprofit group critical of the plan. "There
are other ways to go about seismic testing.'
4 a. f 0 1
The federal Bureau of Ocean Energy Management (BOEM) plans to allow seismic surveys from just south of Cape Canaveral to Delaware in federal
waters, from three to 350 nautical miles out to sea, an area about double the size ,.Ca . But the geological surveys and imLpacts could cross into
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hint at oil or gas deposits.
But any resulting hearing loss in whales and dolphins could harm the mammals' ability to navigate, feed and care for their young. The sounds also can
disturb breeding and feeding and inhibit marine mammals' ability to communicate with one another.
new acoustic guidelines for marine mammals currently being developed are complete.
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off-limits for the sound surveying during right whale migration — Nov. 15 to April 15.
alternative technologies, such as marine vibroseis, a quieter surveying method than seismic airguns, with less impact on marine mammals.
http://Www.floridatoday.comlstorylnewsllocaII20141021281feds-plan-to-ok-oil-gas-surveys-158859871 4/4/2014
a deaf whale is a dead whale,"
• For information and to comment on the study, visit:
boem.gov/oil-and-gas-energy-program/GOMR/GandG.aspx
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`Airgun' Drilling In The Atlantic Wouldn't Find Much 011, But
Could Harm Wildlife
BY ARI PHILLIPS IV ON FEBRUARY 28, 2014 AT 11:37 AM
http://thinkprogress.org/climate/2014/02/28/334200 I /atlantic-drilling-seismic-exploration/ 4/4/2014
' Airgun' Drilling In The Atlantic Wouldn't Find Much Oil, But Could Harm Wildlife I Thi... Page 2 of 4
Tommy Beaudreau, director of the Bureau of Ocean Energy Management, said that the Interior
Department's plan closes certain areas for the endangered North Atlantic Right Whale and nesting
habitat for sea turtles. "We're really going to require and demand a high level of environmental
performance," Beaudreau said.
According to Beaudreau, the current seismic information from the area is decades old and used now -
obsolete technologies — estimates from the 70s and 80s put the amount around a modest 3.3 billion
barrels of oil. Currently the Gulf of Mexico produces about 1,250,000 barrels of oil a day according to the
U.S. Energy Information Administration. At this rate the proven reserves off the Atlantic would be the
equivalent of just over seven years' of Gulf oil. The area under consideration stretches all the way from
Delaware to Florida and is twice the size of California.
The BOEM estimates from the 80s also put about 31.3 trillion cubic feet of gas off the East Coast. In 2012,
the U.S. produced just over 24,000,000 million cubic feet of natural gas — meaning the supply off the
East Coast is about what the rest of the country now produces in 15 months.
The EIS commences a five -year planning process that would open up the Atlantic to development. The
area is currently off - limits to oil and gas exploration until 2017, but the next president could lift that
restriction. On Monday, Interior Secretary Sally Jewell met with the Outer Continental Shelf Governors
Coalition for the first time. "Republican Govs. Pat McCrory (N.C.), Phil Bryant (Miss.), Robert Bentley
(Ala.) and Democratic Gov. Terry McAuliffe (Va.) attended the meeting," reported The Hill. "McAuliffe
told reporters he would join the all- Republican coalition — making him the first Democratic governor to
do so."
In September, Oceana, an ocean protection organization, delivered more than 100,000 petitions
opposing seismic airguns to Beaudreau. Around 50 members of Congress, including some Republicans,
have also sent letters to the president opposing the seismic tests.
"With offshore drilling in the Atlantic at least five years away, shooting seismic airguns is an unnecessary
insult to marine life and coastal economies," Jacqueline Savitz, Vice President for U.S. Oceans at Oceana,
said in the statement. "Our message is simple; do not turn the Atlantic into a blast zone — Stop Seismic
Airguns. It is time for the Obama administration to stand up to Big Oil and say 'no' to seismic airgun
testing in the Atlantic."
Industry has submitted nine applications from oil and gas companies and seismic contractors, according
to Beaudreau.
http: / /thinkprogress.org /climate/ 2014 /02/28/ 3342001 /atlantic - drilling- seismic - exploration/ 4/4/2014
'Airgun' Drilling In The Atlantic Wouldn't Find Much Oil, But Could Harm Wildlife I Thi... Page 3 of 4
"Those applications propose literally hundreds of thousands of miles of seismic blasting," writes Michael
Jasny, Senior Policy Analyst for the Natural Resources Defense Council. "And no doubt there are others
waiting in the wings:"
"Because of the enormous distances sound can travel in the ocean, the dangerous noise from
this activity cannot remotely be confined to the waters off individual states that encourage it.
Some impacts — particularly on the great baleen whales — would extend many hundreds of
miles, affecting states as far north as New England. Fish and fisheries could be affected for tens
of miles around every seismic ship."
Jasny sees airgun exploration as a gateway drug to offshore drilling — at an important juncture like this it
can be helpful to look backwards to see what might be coming down the pike.
Pockets of oil from the Exxon Valdez spill off the coast of Alaska 25 years ago can still be found among
coastal rocks, according to a report presented at the American Geophysical Union meeting on
Wednesday. The study aimed to find how long oil persists after a spill.
"To have oil there after 23 years is remarkable," Gail Irvine of the USGS's Alaska Science Center said. "We
have these marked boulders whose movement we've been studying for more than 18 years. The oil itself
has hardly weathered and is similar to 11- day -old oil."
The Exxon Valdez spill, at nearly 11 million gallons, was the largest in U.S. history until 2010's Deepwater
Horizon disaster dwarfed it, spewing over 200 million gallons into the Gulf of Mexico. If the proposed
seismic tests find significant oil reserves off the Atlantic coast, the region will be subject to similar risks.
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http: / /thinkprogress.org /climate /2014/02/28/ 3342001 / atlantic - drilling- seismic - exploration/ 4/4/2014
Seismic airoun testino is uAr to locate oil
shoots e °rem � loud blasts of compressecl
air through the rce and miles cruder the
sea r, every ten seconds, 34 hours a day,
r days weeks
Attachment 4
. ,
FLORIDA, OPPOSING SEISMIC AIRGUN TESTING IN
THE ATLANTIC OCEAN; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral endeavors to be a good steward of the coastal
environment and its resources; and
WHEREAS, seismic airgun testing is being proposed by the Bureau of Ocean Energy
Management (BOEM) for the exploration of oil and natural gas off the mid - Atlantic coast; and
WHEREAS, tourism is a major economic force in the City of Cape Canaveral and
offshore drilling poses a major threat to our coastal economy and natural resources and, should a
spill occur, the natural environment that supports our local economy would be severely damaged
and the quality of life that both residents and visitors have come to expect would be negatively
affected for the foreseeable future; and
WHEREAS, the State of Florida has a long history of hurricanes and offshore drilling
would increase the chances of platform failures and oil spills due to the vulnerability of the
coastal waters to severe weather; and
WHEREAS, the use of airguns to conduct these seismic tests threatens fish populations
and profitable fisheries; and
WHEREAS, the type of seismic airgun testing used to search for oil and gas is incredibly
harmful and could injure or possibly kill thousands of marine mammals, sea turtles and fish
including the critically endangered North Atlantic Right Whale whose population stands at 500
individuals in the entire world; and
WHEREAS, the seismic airguns fire intense blasts of compressed air — almost as loud as
explosives every 10 -12 seconds twenty -four hours a day for weeks on end. These loud airgun
blasts can be heard for many hundreds of miles in the ocean and can drive whales to abandon
habitats, go silent and cease foraging over vast areas. At shorter distances, airguns can cause
permanent hearing loss, injury and even death for whales, dolphins, sea turtles and fish; and
WHEREAS, the proposed seismic airgun testing will result in serious negative impact to
our marine resources, which form the foundation of economic vitality for communities all along
the Atlantic Coast; and
City of Cape Canaveral
Resolution No. 2014 -15
Page 1 of 2
1111111 Jill 111111111 111 1111111 111111111 1
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of
EITIT11591m,
For Against
Angela Apperson, City Clerk John Bond
Robert Hoog
Buzz Petsos
MMIM���
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014-15
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/15/2014
Item No.
Subject: Approve Task Order No. 2 in the amount of $66,200 to Allen Engineering, Inc.
for surveying, development of a GIS stormwater database and performance of other
tasks in preparation of a Stormwater Master Plan and authorize the City Manager to
execute same.
rtment: Public Works Services.
Summary: The City's initial Stormwater Master Plan (SWMP) was prepared in 2000 by
Stottler Stagg and Associates, Inc. and is outdated. The City completed a number of
stormwater improvement projects since 2000 and has many more planned projects as
required by the Indian River Lagoon Basin Management Action Plan (BMAP). In
addition, the City will be applying for a number of water quality grants for upcoming
stormwater improvement projects from Florida Department of Environmental Protection
(FDEP) and St. Johns River Water Management District (SJRWMD). These
organizations typically require that governmental agencies maintain an updated SWMP
to receive grants funds.
The major goals and objectives of the new SWMP are as follows:
• Collection of background data and existing computer models from regulatory
agencies (e.g., FDEP and SJRWMD) to be used as a geodatabase for detailed
hydrologic studies;
• Performance of computer modeling to determine additional credits, if any, which
may be acquired from the Total Maximum Daily Load (TMDL) Program for
projects already completed by the City (e.g., exfiltration projects);
• Recommendation of additional stormwater improvement projects (i.e., based
upon computer modeling analyses, research of scientific literature, etc.) not
already included in the City's Capital Improvement Plan (CIP);
• Perform computer modeling to determine total nitrogen and total phosphorous
loads from each of the City's drainage basins;
• Perform computer modeling to determine maximum potential TMDL credits for
proposed water quality improvement projects; and
• Presentation of study results to the City Council at a future City Council meeting.
After review of engineering firm qualifications for similar -type projects completed in
other municipalities, Staff selected Allen Engineering, Inc. (AEI) of Cocoa Beach,
Florida to perform the project tasks. AEI is one of the engineering firms selected by the
City for Professional Engineering /Surveying, Planning, Consulting and Architectural
Services in Request for Qualifications #2011 -01. A member of the AEI team is Gordon
England of Applied Sciences Consulting, Inc. (ASCI). Mr. England is a leader of the
stormwater industry in Florida and has prepared SWMPs for many local governmental
agencies including Indian Harbor Beach, Satellite Beach, Patrick Air Force Base, Cape
Canaveral Air Force Station, etc. A Master Services Agreement for these services has
been signed between the City and AEI. A Task Order with a breakdown of personnel
hours and the scope of work for this Project as prepared by AEI is attached.
Submittinq Department Director: Jeff Ratliff Date: 03/21/14
City Council Meeting Date: 04/15/2014
Item No.
Page 2 of 2
Attachment: Task Order
Financial Impact: $66,200 to Allen Engineering, Inc. for surveying, development of a
GIS stormwater database and performance of other tasks in preparation of a
Stormwater Master Plan funded by the Stormwater Fund. Staff time and effort to
prepare this Agenda Item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Coun i - ke the following action(s):
Approve Task Order No. 2 in the amount of $66,2bo to Allen Engineering, Inc. for
surveying, development of a GIS stormwater database and performance of other tasks
in preparation of a Stormwater Master Plan and authorize the City Manager to execute
same.
Approved by City Manager: David L. Greene Date:
City Council Action: [ ] Approved as Recommended [ ] Disapp ove
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment
Task Order
Mr. Jeff Ratliff
Public Works Services Director
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, Florida 32920
(321) 783 -7443
FAX (321) 783 -5902
108 DVOE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 329324321
Re: City of Cape Canaveral Stormwater Quality Masterplan
Dear Mr. Ratliff:
March 18, 2014
Thank you for the opportunity to offer this proposal to provide the professional
services required on the above referenced project.
I
The project limits are the East, West, North, and South boundary limits of the City of
Cape Canaveral, Florida. Allen Engineering will be performing and coordinating the project
tasks listed below with Applied Sciences Consulting, Inc. and Applied Ecology, Inc.
1. A project kick -off meeting will be held with the project team and City staff to review
project goals, scope of work, project schedule, communications protocols, and
administrative issues. Following the meeting, a summary of meeting notes will be
produced and distributed to all intended parties.
2. A series of team and field meetings will be held to identify and collect the following
information:
a. The necessary geospatial data from the FDEP, SJRWMD, and the City. This
data will include both hardcopy and digital sources of current drainage sub -
basins, inventory structures, project -based plans, current existing treatment
basins and structures, current BMAP boundaries and project areas, as well
as land use, soil type, city boundaries, roads, and any other relevant data.
b. Plans for existing BMP's, NPDES Phase 2 permit, and relevant regulatory
data.
c. Input layers and the FDEP model (PLSM) will be downloaded and installed
for use and modification, and the project will be designed to incorporate all
available data in a geodatabase format and other data organized in an
electronic file system.
3. Provide a high level of oversight and project management to facilitate a smooth
flowing project through all of the tasks.
Mr. Jeff Ratliff March 1, 2014
City of Cape Canaveral
Re: City of Cape Canaveral Stormwater Quality Masterplan
Task 2 — Develog) GIS Stormwater Inventory ................................................. $8,740.00
11-4 , •
11111111111111ZO Kelkrxens
0• r r•-
2. Existing retrofit projects (ponds, exfiltration pipes, baffle boxes, etc) will be
delineated from data provided • the CITY and converted to a GIS-based coverage.
To help the development of the basin boundaries, LiDAR-derived elevation contours
(1-ft contours) will be derived and mapped from previously flown LiDAR (Light
Detection and Ranging) •atasets obtained from Brevard County.
3. Additionally, current land use will be updated based on City's zoning information,
Brevard County's property appraiser and the SJRWMD land use coverage. One set
of CITY's revisions • the resulting land use will • taking into account to produce a
final land use layer.
4
Mr. Jeff Ratliff March 18, 2014
City of Cape Canaveral
Re: City of Cape Canaveral Stormwater Quality Masterplan
1. Develop corresponding GIS coverage for a list • proposed conceptual retrofit
projects that could be used to obtain BMAP credits.
it. Conceptual drafts of project maps (8 1/2X 11) will be produced for insertion into final
report.
• 0 2 9 1 ff 1=1
Mr. Jeff Ratliff March 18, 2014
City of Cape Canaveral
Re: City of Cape Canaveral Stormwater Quality Masterplan
Task 6 — Team Megliaga .................................................................................. $1,675.00
1, The team will attend one (1) team meeting throughout the duration • the project.
The meeting is intended to provide guidance and comments to the abov6
mentioned tasks. Meeting notes will be taken, summarized and distributed to all
attendees.
Task 7— Power Point Presentation .................................................................. $
1. The team will prepare maps and tables and incorporate them into a PowerPoint
presentation with the results of the summary report. Additionally, the team will
attend and present the results to the City Commission.
I IT -3 UT =I .11 -
NMI!
Work will begin once a notice to proceed is provided by the City and is anticipated
to be completed within six months of said notice.
I
IIIIIIE I 1 15" INITS iI I mm��
A. Any express mail charges are a direct expense to the client and are not a
part of this proposal.
B. Unforeseen conditions will be brought to the attention of the client and a
change order will be prepared prior to the continuation of work by AEL
C. Any items not listed above will be done on an hourly basis.
0
Mr. Jeff Ratliff March 18, 2014
City of Cape Canaveral
Re: City of Cape Canaveral Stormwater Quality Masterplan
Any additional work that is required over and above the items previously listed, it will
be done on an hourly basis at the following listed rates. These rates will be good for one
(1) year from the proposal date.
Registered Surveyor
120.00 per hour
Project Manager
125.00 per hour
Survey Crew
140.00 per hour
CAD Specialist
70.00 per hour
Administrative Technician
55.00 per hour
Iorms and Conditions:
- ate-11
fee the cost of restoration of any resulting damage.
Mr. Jeff Ratliff March 18, 2014
City of Cape Canaveral
Re: City of Cape Canaveral Stormwater Quality Masterplan
Late payments: Accounts unpaid 30 days after the invoice may be subject to,?
monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In
the event any portion or all of an account remains unpaid 90 days after billing, the
client shall pay all costs of collection, including reasonable attorney's fees.
JON 0 0 w I
lse
Is!
Mr. Jeff Ratliff March 18, 2014
City of Cape Canaveral
Re: City of Cape Canaveral Stormwater Quality Masterplan
We look forward to working with you on this project. If the terms of this proposal are
acceptable, please sign and return a copy of this letter to signify your acceptance of this
tffer. Please feel free to contact me if you have any questions.
AJSIXV '
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/15/2014
Item No.
Subject: Award the bid for the Wastewater Treatment Plant Main Building Renovation
to Welsh Construction, LLC., in the amount of $832,431 and authorize the City Manager
to execute the Construction Agreement for same.
Department: Public Works Services
Summary: Public Works Services (PWS) invited qualified Licensed General
Contractors in accordance with the City's Purchasing Policy and Florida Statutes to
submit a Bid for the renovation of the Wastewater Treatment Plant (WWTP) Main
Building. Staff advertised this bid opportunity by posting (1) bid information to the Onvia,
Inc., bid service, (2) a notice on the City's website and (3) a legal ad in the Florida
Today newspaper on February 6, 2014.
A mandatory pre -bid meeting was held at the WWTP Main Building on February 21,
2014. All prospective bidders in attendance were required to sign in at the beginning of
the meeting. Bids were only accepted from firms with a representative of their
organization in attendance. Nine (9) sealed bid submittals were received at the City
Clerk's Office and publicly opened at the Brevard County Sheriffs Canaveral Precinct
meeting room on March 12, 2014.
The City's Engineering /Architectural Consultant Team, Baskerville- Donovan, Inc. /BRPH
Architects - Engineers, Inc. and PWS Staff analyzed the bid submittals and recommend
the City contract with Welsh Construction, LLC., of Melbourne, Florida, which provided
the low bid in the amount of $832,431. The next lowest bid was provided by Doug
Wilson Enterprises Inc., of Cape Canaveral, Florida, in the amount of $862,851.
Reference checks performed by Staff with Calvary Chapel of Melbourne, Florida
Institute of Technology and Life Care Center of America personnel revealed positive
responses concerning Welsh Construction, LLC. A proposed Construction Agreement is
included as Attachment #1. The Consultant's Bidder Recommendation & Bid Tally
Sheet are included as Attachment #2. Welsh Construction's Bid is included as
Attachment #3.
The WWTP Main Building was constructed in 1966. When other areas of the WWTP
were refurbished in 1995, the Main Building was not included in the upgrades.
Therefore, the WWTP Main Building renovation tasks to be completed as part of this
Project include, but are not limited to, construction of the following: (1) a large crew
room for Staff and training meetings, (2) new restroom facilities, (3) new locker rooms
with shower facilities, (4) an updated laboratory facility, (5) a new roof, (6) new 400 amp
electrical service, (7) new 2" potable water supply line and (8) a new monitoring room
for Plant Operators. The Project also will include repairs to the building structure,
replacement of windows and painting of the inside high bay area.
Submitting Director: Jeff Ratliff Date: 03/25/2014
City Council Meeting Date: 04/15/2013
Item No.
Page 2 of 2
Attachments:
#1 - Construction Agreement
#2 - Consultant's Bidder Recommendation & Bid Tally Sheet
#3 - Welsh Construction's Bid
Financial Impact: $832,431 for the WWTP Main Building Renovation to Welsh
Construction, LLC will be funded through the Wastewater Fund and Financing. Staff
time to prepare Agenda item.
Reviewed by Finance Director: John DeLeo Date: 3 ��
The City Manager recommends that City CoundUake the following action:
Award the bid for the Wastewater Treatment Plant Main Building Renovation to Welsh
Construction, LLC., in the amount of $832,431 and authorize the City Manager to
execute the Construction Agreement for same.
Approved by City Manager: David L. Greene L ' ' Dater ///
City Council Action:[ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
Construction Agreement
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION CONSTRUCTION AGREEMENT
BASKERVILLE- DONOVAN, INC. / BRPH ARCHITECTS - ENGINEERS, INC.
This Agreement made this day of , 2014 between the CITY OF
CAPE CANAVERAL, a Florida municipal corporation (herein referred to as OWNER) and
WELSH CONSTRUCTION, LLC d /b /a WELSH COMPANIES, a Florida corporation authorized
and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR),
as follows:
DESCRIPTION OF WORK - CONTRACTOR shall perform the Work, in accordance with
the Contract Documents, for the construction of the Cape Canaveral WWTP Main
Building Renovation.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement;
Exhibits and Addenda to the Agreement; the Engineering Plan and Drawings prepared
by Baskerville- Donovan, Inc. and BRPH Architect - Engineers, Inc., dated January 31,
2014; Bid Documents issued by the OWNER, dated January 31, 2014; CONTRACTOR's
Bid Submittal, dated March 12, 2014; General Conditions, if any; Supplemental Terms
and Conditions by the OWNER, if any; and all Change Orders approved by the OWNER
after execution of this Agreement. These Contract Documents are hereby incorporated
into this Contract by this reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents
bearing on the Agreement between the OWNER and the CONTRACTOR, the
inconsistency shall be resolved by giving precedence in the following order:
a. Agreement Exhibits and Addenda;
b. CONTRACTOR's Bid Submittal;
c. Change Orders;
d. Supplemental Terms and Conditions;
e. General Terms and Conditions; and
f. Engineering Plans and Drawings.
Any inconsistency in the Work Description shall be clarified by the OWNER and
performed by the CONTRACTOR.
4. AGREEMENT INTERPRETATION - At its discretion, during the course of the Work,
should any errors, ambiguities, or discrepancies be found in the Agreement or
specifications, the OWNER, at its sole discretion, will interpret the intent of the
Agreement and Work Descriptions and the CONTRACTOR hereby agrees to abide by
the OWNER's interpretation and agrees to carry out the Work in accordance with the
decision of the OWNER. When the material, article, or equipment is designated by a
brand name and more than one brand name is listed, it will be understood that the Work
is based on one brand name only. The CONTRACTOR will be responsible for all
106805.01/6868.01 005000-1
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION CONSTRUCTION AGREEMENT
BASKERVILLE- DONOVAN, INC. / BRPH ARCHITECTS - ENGINEERS, INC.
coordination necessary to accommodate the material, article, or equipment being
provided without additional cost to the OWNER. A substitute material, article, or
equipment is allowed if it is reasonably equivalent to the brand name specified. The
OWNER has full discretion to decide whether a substitute is reasonably equivalent.
CONTRACTOR must notify the OWNER prior to use of the substitute for a speed
brand name and allow the OWNER to make a determination before CONTRACTOR
uses the substitute.
5. CONTRACT TIME - The CONTRACTOR shall begin Work within 30 days after the
issuance of a written Notice to Proceed and shall complete the Work of Substantial
Completion within 180 calendar days from the date of the Notice to Proceed and
complete the Work of the Final Completion within 210 calendar days of the Notice to
Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in
writing.
6. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
substantially completed within the time specified in Paragraph 5 above, plus any
extensions thereof allowed in accordance with the General Conditions. They also
recognize the delays, expense and difficulties involved in proving in a legal or arbitration
preceding the actual loss suffered by OWNER if the Work is not substantially completed
on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall
pay OWNER $1,000 for each day that expires after the time specified in Paragraph 5 for
final completion until the Work is finally completed, and that OWNER has paid to
CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this
provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the
CONTRACTOR in current funds for the performance of the Work, subject to additions
and deductions by Change Order, the Total Contract Price of Eight Hundred Thirty-two
Thousand, Four Hundred Thirty -one Dollars and Zero Cents ($832,431.00). Payments
will be made to the CONTRACTOR for actual quantities installed on the basis of the
Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the
Contract as if attached or repeated herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The
OWNER reserves the right to revoke and terminate this Agreement and rescind all rights
and privileges associated with this Agreement, without penalty, for convenience. Further,
the OWNER reserves the right to revoke and terminate this Agreement in the following
circumstances, each of which shall represent a default and breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or
condition of this Agreement and does not cure such other default within seven (7)
calendar days after written notice from the OWNER specifying the default
complained of, unless, however, the nature of the default is such that it cannot, in the
exercise of reasonable diligence, be remedied within seven (7) calendar days, in
which case the CONTRACTOR shall have such time as is reasonably necessary to
remedy the default, provided the CONTRACTOR promptly takes and diligently
pursues such actions as are necessary therefore; or
106805.01 1 6868.01 005000-2
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION
CONSTRUCTION AGREEMENT
BASKERVILLE- DONOVAN, INC. / BRPH ARCHITECTS - ENGINEERS, INC.
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit
of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its
debts; or
c. CONTRACTOR has acted negligently, as defined by general and applicable law,
in performing the Work hereunder; or
d. CONTRACTOR has committed any act of fraud upon the OWNER; or
e. CONTRACTOR has made a material misrepresentation of fact to the OWNER
while performing its obligations under this Agreement; or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a
substantial, adverse impact upon performance of this Agreement without prejudice to
any other right, or remedy OWNER may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the
OWNER shall have the right to exercise any other remedy the OWNER may have by
operation of law, without limitation, and without any further demand or notice. In the
event of such termination, OWNER shall be liable only for the payment of all unpaid
charges, determined in accordance with the provisions of this Agreement, for Work
properly performed prior to the effective date of termination.
9. FORCE MAJEURE - Any delay or failure of either party in the performance of its
required obligations hereunder shall be excused if and to the extent caused by acts of
God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving
CONTRACTOR's labor force); extraordinary breakdown of or damage to OWNER 's
affiliates' generating plants, their equipment, or facilities; court injunction or order; federal
and/or state law or regulation; order by any regulatory agency; or cause or causes
beyond the reasonable control of the party affected; provided that prompt notice of such
delay is given by such party to the other and each of the parties hereunto shall be
diligent in attempting to remove such cause or causes. If any circumstance of Force
Majeure remains in effect for sixty days, either party may terminate this Agreement.
10. SEVE ILITY - In the event any portion or part thereof of this Agreement is deemed
invalid, against public policy, void, or otherwise unenforceable by a court of law, the
parties, at the sole discretion and option of the OWNER, shall negotiate an equitable
adjustment in the affected provision of this Agreement. The validity and enforceability of
the remaining parts of this Agreement shall otherwise be fully enforceable.
11. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the
Contract Price to CONTRACTOR, on the basis of application for payments submitted to
the OWNER or OWNER's Project Manager, by CONTRACTOR as the Work progresses,
and in accordance with the Contract Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
106805.01 / 6868.01 005000-3
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION CONSTRUCTION AGREEMENJ
relating By making payments, OWNER does not waive claims including, but not limited to, tho
to: i
PROJECT 13. DESIGNATION OF
ARCHITECT: DUTIES AND AUTHORITY - The duties . • authority of - OWNER are
as follows:
106805.01 / 6868.01 005000-4
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION
CONSTRUCTION AGREEMENT
BASKERVILLE- DONOVAN, INC. / BRPH ARCHITECTS - ENGINEERS, INC.
a. General Administration of Contract. The primary function of the OWNER is to
provide the general administration of the Contract. In performance of these duties,
Lonnie Dunn or his authorized representative is the OWNER's Project Manager
during the entire period of construction. The OWNER may change the Project
Manager during the term of this Contract.
b. Inspections, Opinions, and Progress Reports. The OWNER shall be kept
familiar with the progress and quality of the Work by CONTRACTOR and may make
periodic visits to the Work site. The OWNER will not be responsible for the means of
construction, or for the sequences, methods and procedures used therein, or for the
CONTRACTOR's failure to perform the Work in accordance with the Contract
Documents.
c. Access to Worksite for Inspections. The OWNER shall be given free access
to the Worksite at all times during Work preparation and progress. The Project
Manager is not obligated to make exhaustive or continuous onsite inspections to
perform his duties of checking and reporting on Work progress, and any such
inspections shall not waive OWNER's claim regarding defective Work by
CONTRACTOR.
d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER
will be the initial interpreter of the Contract Documents requirements, and make
decisions on claims and disputes between CONTRACTOR and OWNER.
e. Rejection and Stoppage of Work. The OWNER shall have authority to reject
Work which in its opinion does not conform to the Contract Documents, and in this
connection may stop the Work or a portion thereof, when necessary.
f. Payment Certificates. The OWNER will determine the amounts owing to
CONTRACTOR as the Work progresses, based on CONTRACTOR's applications
and OWNER's inspections and observations, and will issue certificates for progress
payments and final payments in accordance with the terms of the Contract
Documents.
14. PROGRESS MEETING - OWNER'S Project Manager may hold periodic progress
meetings on a monthly basis, or more frequently if required by the OWNER, during the
term of Work entered into under this Agreement. CONTRACTOR's Project Manager and
all other appropriate personnel shall attend such meetings as designated by the
OWNER'S Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in
connection with the Project herein are as follows:
a. Responsibility for Su rvision and Construction. CONTRACTOR shall be
solely responsible for all construction under this Contract, including the techniques,
sequences, procedures and means, for the coordination of all Work. CONTRACTOR
shall supervise and direct the Work, and give it all attention necessary for such
proper supervision and direction.
106805.01 / 6868.01 005000-5
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION • •
BASKERVILLE-DONOVAN,
• Discipline and Employment. • •' shall maintain at all times strict
discipline among his employees, and he agrees not to employ for Work on the
Project any person unfit or without sufficient skill to perform the job for which he was
employed.
• *
d. PayMent of Taxes: Procurement of Licenses and Permits. CONTRACTOR
shall secure all licenses and permits necessary for proper completion of the Work,
paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or
tradesmen, if authorized in the Contract Documents) hold or will secure all trade or
professional licenses required by law for CONTRACTOR to undertake the Contract
Work.
e. CONTRACTOR will provide written guarantee for Work and Materials for one (1)
calendar year after acceptance by OWNER.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any
rights or any monies due or to become due hereunder without the prior, written consent
of the OWNER.
2. If upon receiving written approval from OWNER,
gubcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to
OWNER for all acts and/or omissions performed by the subcontractor as if no
subcontract had been made.
106805.01 / 6868.01 005000-6
CITY OF CAPE CANAVERAL
BUILDING WWTP RENOVATION CONSTRUCTION
�• •
19. 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 party.
21. SAFE - CONTRACTOR shall be solely and absolutely responsible and assume all
liability for the safety and supervision of its principals, employees, contractors and
agents while performing Work provided hereunder.
- • . .
a. CONTRACTOR is duly registered and licensed to do business in the State of
Florida and is in good standing under the laws of Florida, and is duly qualified and
authorized to cant' on the functions and operations set forth in this Agreement.
c. CONTRACTOR is duly licensed under all local, state and -.- provide
the Work stated in paragraph 1.0 herein. In support of said representation,
CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to
the execution of this Agreement.
23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in a
form approved by the OWNER's Attorney and in accordance with the requirements of
Section 255.05, Florida Statutes, in an amount specified in the Contract Documents.
CONTRACTOR shall provide . certified copy of the recorded •• • to the OWNER prior to
commencing the Work. • •' acknowledges and agrees
106805.01/6868.01 005000-7
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION
CONSTRUCTION AGREEMENT
BASKERVILLE- DONOVAN, INC. / BRPH ARCHITECTS - ENGINEERS, INC.
prohibited from making payment to CONTRACTOR until CONTRACTOR has provided said
copy to OWNER.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible
for providing the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in
the minimum amount of $2,000,000 as the combined single limit for each occurrence
to protect the CONTRACTOR from claims of property damages which may arise
from any Work performed under this Agreement whether such Work is performed by
the CONTRACTOR or by anyone directly employed by or contracting with the
CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance
in the minimum amount of $1,000,000 combined single limit bodily injury and
minimum $1,000,000 property damage as the combined single limit for each
occurrence to protect the CONTRACTOR from claims for damages for bodily injury,
including wrongful death, as well as from claims from property damage, which may
arise from the ownership, use, or maintenance of owned and non -owned
automobiles, including rented automobiles whether such operations be by the
CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR.
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate
Workers' Compensation Insurance in at least such amounts as are required by law
and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its
employees performing Work for the OWNER pursuant to this Agreement.
d. The CONTRACTOR shall maintain comprehensive builder risk insurance, which shall
cover CONTRACTOR's labor, and any materials and equipment to be used for
completion of the Work performed under this Agreement, against all risks of direct
physical loss, excluding earthquake and flood, for a minimum amount of $2,000,000.
CONTRACTOR shall maintain the builder risk insurance required by this subsection until
60 days following the date a Certificate of Occupancy is issued for the Work.
Special Requirements. Current, valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement. A copy of a
current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR
upon the Effective Date of this Contract which satisfies the insurance requirements of
this Paragraph 24. Renewal certificates shall be sent to the OWNER 30 days prior to any
expiration date. There shall also be a 30 -day advance written notification to the OWNER
in the event of cancellation or modification of any stipulated insurance coverage. The
OWNER shall be an additional named insured on all stipulated insurance policies
as its interest may appear, from time to time, excluding worker's compensation
and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents
employed by CONTRACTOR to perform any Work hereunder shall fully comply with the
insurance provisions contained in Paragraph Section 24.
106805.01/ 6868.01 005000-8
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION
CONSTRUCTION AGREEMENT
BASKERVILLE- DONOVAN, INC. / BRPH ARCHITECTS - ENGINEERS, INC.
25. MEDIATIONNENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in
mediation. The parties agree to equally share the cost of the mediator. Should the
parties fail to resolve their differences through mediation, then any cause of action filed
hereunder shall be filed in the Circuit or County Court for Brevard County, Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted,
construed, governed and enforced in accordance with the laws of the State of Florida.
Venue for any state action or litigation shall be Brevard County, Florida. Venue for any
federal action or litigation shall be Orlando, Florida.
27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of
this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to
recover from the non - prevailing party the costs and expenses of such action including,
but not limited to, reasonable attorney's fees, whether at settlement, trial, or on appeal.
28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to
the applicable party at the address shown on the first page of this Contract.
29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed
hereunder, it is specifically understood and agreed to by and between the parties hereto
that the contractual relationship between the OWNER and CONTRACTOR is such that
the CONTRACTOR is an independent contractor and not an agent of the OWNER. The
CONTRACTOR, its contractors, partners, agents and their employees are independent
contractors and not employees of the OWNER. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor,
between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners,
employees, or agents, during or after the performance of the Work under this Agreement.
30. PUBLIC RECORDS - In accordance with Section 119.0701, Florida Statutes,
CONTRACTOR agrees that all documents, transactions, writings, papers, letters, tapes,
photographs, sound recordings, data processing software, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received
pursuant to this Agreement or in connection with any funds provided by the OWNER
pursuant to this Agreement may be considered public records pursuant to Chapter 119,
Florida Statutes. CONTRACTOR agrees to keep and maintain any and all public records
that ordinarily and necessarily would be required by the OWNER in order to perform the
services required by this Agreement. CONTRACTOR also agrees to provide the public
with access to public records on the same terms and conditions that the OWNER would
provide the records and at a cost that does not exceed the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law. CONTRACTOR shall also ensure that
public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law. In addition, CONTRACTOR
shall meet all requirements for retaining public records and transfer, at no cost, to the
OWNER all public records in possession of the CONTRACTOR upon termination of this
Agreement and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the OWNER in a format that is compatible with the information
technology systems of the OWNER. If CONTRACTOR does not comply with a public
records request, the OWNER shall have the right to enforce the provisions of this
106805.01 / 6868.01 005000-9
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION CONSTRUCTION AGREEMENT
BASKERVILLE- DONOVAN, INC. / BRPH ARCHITECTS - ENGINEERS, INC.
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are
not to be construed as part of this Agreement.
35. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared
equally in drafting this Agreement and no party shall be favored or disfavored regarding
the interpretation of this Agreement in the event of a dispute between the parties.
106805.01 / 6868.01 00 50 00 -10
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION CONSTRUCTION AGREEMENT
BASKERVILLE-DONOVAN, INC. / BRPH ARCHITECTS-ENGINEERS, INC.
36. NOTICE - Any notices required to be given by the terms of this Agreement shall be
delivered by hand or mailed, postage prepaid to:
wz�g
Welsh Construction, LLC d/b/a Welsh Companies
3972 West Eau Gallie Boulevard, Suite A
Melbourne, FL 32934
I 29SM&MA, 9411:91-
Either party may change the notice address by providing the other party written notice of
the change.
Signed, Sealed and Delivered in the presence of:
Attest:
Attest:
Welsh Construction, LLC d/b/a
Welsh Companies
Date:
City of Cape Canaveral,
a Florida municipal corporation.
I I I =
Date:
106805.01/ 6868.01 005000-11
Attachment #2
Consultant's Bidder Recommendation &
Bid Tally Sheet
4113ASKERVILLE-DONOVAN9 INC. 7155 Murrell Road, Sufte 101
Innovative Infrastructure Solutions Melbourne, Florida 32940
Phone: 321.254.3663
Fax: 321.254.3255
24 March 2014
City of Cape Canaveral
PO Box 326
Cape Canaveral, Florida 32920
Attn: Angela M. Apperson, MMC
Assistant City Manager / City Clerk
RE: Cape Canaveral WWTP Main Building Renovation
Bid Number 2014-01
Bidder Recommendation
We have reviewed the bids for the Cape Canaveral Wastewater Treatment Plant (WWTP) Main Building
Renovation and recommend Welsh Construction, LL C (d/b/a Welsh Companies) of Melbourne, Florida be
awarded the contract. Several factors have led us to believe contracting with Welsh Construction will be
in the best interest of the City.
This is only a recommendation, and Contractor selection ultimately lies with the City. Appropriate legal
and purchasing staff should review all documents submitted with the bid for conformance with City
requirements prior to issuing a fi nal decision. If you have any questions, please feel free to contact me at
321-254-3663.
Thomas M. Vill, P.E., AICP
Vice President & Regional Manager
Pensacola, FL I Panama City Beach, FL I Tornpa, FL I Brevard, FL I Destin, FL I Tallahassee, FL I Mobile, AL
S 1,) q vey (I �g & "A app "I g R R Kj 34t,} 11 1 ig, I, j I, q?, 1 1 U kchttecAwYC 4 C6N'11 26
www,baskeF-villeda)nr. vaii,com
Attachment #3
Welsh Construction's Bid
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION DESIGN BID FORM
BASKERVIL LE- DONOVAN, ERPH ARCHITECTS- ENG IN E ERS, INC.
For
Cape Canaveral, Florida
Bid Number 2014-01
-;ubmiflecl in Triplicate: March 12, , 20'M
106605.01 16868-01 003000- 1
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION DESIGN- BID FORM
BASKERVILLE- DONOVAN, RPH ARCHITECTS-ENGINEERS, INC.
The Bidder further agrees to execute a Construction Agreement and furnish satisfactory
Performance and Payment Bonds, each in the amount of one-hundred percent (100%) of the
Contract price, within ten consecutive calendar days after written notice being given by the
Owner of the award of the Contract.
for the lump sum prices. Absent a Change Order, there shall be no increase in the lump sum
payment. It is understood that the unit prices quoted or established for a particular item are to
0*%AW1MW)Gj #4tv,
based on the quantities actually constructed as determined by the applicable measurement and
payment portion of the technical specifications.
Name of Bidder -Welsh Construction, LLC d/b/a Welsh Companies
ME���
Title President
Business Address 3972 W. Eau Gallie Blvd.. Ste. A
City Melbourne -State-FIL Zip 32934
A
106805.01 / 6868.01 003000-2
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION DESIGN NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
BASKERVILLE-DONOVAN, INC / EIRPH ARCHITECTS-ENGINEERS, INC.
HOME=
M
County of Brevard
Welsh Construction, LLC
President Ofdn)la WgIsh companies , the Bidder that has submitted the attached bid:
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
zabl= .1 1.11 : a
COUNTY OF Brevard
BT=��
AM-91FOMMM
106801.01 16640.01 00 48 00 - 1
The bid due date remains March 12, 2014, 3:OOPM
All prospective bidders are hereby instructed not to contact the Engineer of Record or any member
oft a City of Cape Canaveral, City Manager, or City of Cape Canaveral Staff members other ant
noted contact person regarding this Invitation to Bid or it bid proposal at any time during the
solicitation, evaluation of bids or the award process. Any such contacts li be cause for rejection
of your bid proposal.
Inquiries concerning this proposal should be directed to Baskerville-Donovan, via facsimile at (32W
254-32SS, or e-rnail at ibaldwiii@baskei-%,illedonovan.coin. The subject line of all inquiries shall staw
"CAPE CANAVERAL WWTP MAIN BUILDING RENOVATION - BID INQUIRY". I
1 0
TY s.
URE/DATEk
3972 W. Eau Gallie Blvd., Ste. A
MAILING ADDRESS
CITY, STATE, ZIP CODE
31=
The bid due date remains March 12, 2014, 3:OOPM
All prospective bidders are hereby instructed not to contact the Engineer of Record or any member
oft a City of Cape Canaveral, City Manager, or City of Cape Canaveral Staff members other than the
noted contact person regarding this Invitation to Bid or their bid proposal at any time during the
solicitation, evaluation of bids or the award process. ny® such contact shall be cause for rejection
of your bid proposal,
Inquiries concerning this proposal should be directed to Baskerville-Donovan, via facsiinile at (32[F
254-325S, or e-mail at ibaidwin@baskervilledonovan.com. The subject line of all inquiries shall sta
"CAPE CANAVERAL WWTP MAIN BUILDING RENOVATION - BID INQUIRY". i
W �.
•
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION DESIGN BID BOND
BASKERVILLE-DONOVAN, INC./BRPH ARCHITECTS-ENGINEERS, INC
SECTION 00 63 00• BID BOND
KNOWN ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are
hereby held and firmly bound unto the City of Cape Canaveral, Florida as Owner in the penal
sum ot, (five percent 5%) of the Contract Bid _.�.�_. for the
payment of which, well and truly to be made, we hereby and severally bind ourselves,
successors and assigns to pay Owner upon default of Bidder the penal sum set forth on the
face of this Bond. Signed, this day of
,2014.
The condition of the above obligation is such that whereas the Principal has submitted to the
City of Cap Canaveral, Florida a certain bid, attached hereto and hereby made a part hereof,to
enter into a contract in writing, for the Cape Canaveral WWTP Main Building Renovation.
NOW THEREFORE,
1. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required
by the Bidding Documents the executed Agreement required by the Bidding Documents
and any performance and payment bonds required by the Bidding Documents and
Contract Documents.
2 This obligation shall be null and void if:
2.1 Owner accepts Bidder's bid and Bidder delivers within the time required by
the Bidding Documents (or an extension thereof agreed to in writing by Owner)
the executed Agreement required by the Bidding Documents and any
performance and payment bonds required by the Bidding Documents and
Contract Documents, or
2.2 All bids are rejected by Owner,or
2.3 Owner fails to issue a notice of award to Bidder within the time specified in
the Bidding Documents (or any extension thereof agreed to in writing by Bidder
and, if applicable,consented to by Surely when required by paragraph 5 hereof).
3. Payment under this Bond will be due and Payable upon default of Bidder and within
thirty (30) calendar days after receipt of Bidder and surely of written notice of default
from Owner which notice will be given with reasonable promptness, identifying this Bond
and the Project and including a statement of the amount due.
4. Surety waives notice of any and all defenses based on or arising out of any time
extension to issue notice of award agreed to in writing by Owner and Bidder, providing
106805.01 !6868.01 00 63 00- 1
F
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION DESIGN BID BOND
BASK E RVIL L E-DONOVAN, INC / BRPH ARCH ITECTS- ENGINE E RS, INC.
gog -lillyffamm a 49,
, lqonsi izz 11worgas
6. Any suite or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the state in which the Project is located
7. Notice required hereunder shall be in wriling and sent to Bidder and Surely at their
respective addresses shown on the face of this Bond. Such notices may be sent by
personal delivery, commercial courier or by United States Registered or Certified Mail,
return receipt requested, postage pre-paid, and shall be deemed to be effective upon
receipt by the part concerned.
11111WON"04111W WON
♦ This bond is intended to conform to all applicable statutory requirements. Any applicable
requirement of any applicable statute that has been omitted from this Bond shall be
deemed to be included herein as it set forth at length. It any provision of the Bond
conflicts with any applicable provision of any applicable statute, then the provision of
said statute shall govern and the remainder of the Bond that is not in conflict therewith
shall continue in full force and effect.
!11 1111111 1111,111111111
rMM1.11111111; 111, , 1!
W
"101 WWWWWW'I ", ANIN,
W
o smug;
2014
(Principal) (Seal)
Its:
(Title)
(Surety) ---(Seal)
Its:
(Till
106805 01 16868.01 006300-2
I
CITY OF CAPE CANAVERAL
WWTP BUILDING RENOVATION DESIGN BID BOND
authority of its governing body.
Secretary
STAT I
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(ORDA
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Subscribed and sworn to before me this day 14, A.D.
(Attach Power of Attorney) r1 ��L 11
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State�F'll .:i-al-Large
My Commission, Exoiros: d
My Commission Number iS4,AA
CAPITOL INDEMNITYCORPORATION 60098350
POWER OF AWORNEY
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Builder - Developer
A N I E S 3972 W Em.j Gaffie Blvd - Suke A ® MeWourne FL - 32934 7004
office 321.7573383 fax 321.7 51 5229
Contract Number and Amount
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Panther Bay Dons F�qnqy
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- I r1 s I i - 4 •• - a • • - rin; ��
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Final Contract $224,158 --
Completed on Schedule? YES Date: September 20, 2013
Project Description: Demolition of existing and renovation of 12,4OO2F of college
dormitories — Food Prep, HC Bathrooms and Meeting Areas
Constructed while occupied ¥y students
Contract Number and Amount #CER#2219 $222,779.00
Change Orders $15,087.00
Final Contract 1231 i » ##
4. Project Name Uy
Ca1v
gBLfChapel of Viera
Owner Calvary Chapel of Melbourne
Pastor Dean Corns
Viera, FL 32940
Telephone Number/Email Address 321-369-9339
deancorns(&.calva!yccm.com I
Sub-Contractors
Lead Mitigation — EUG
Melbourne, FL (3210 255-0160
Concrete & Masonry — Schopke & Maguire
99 Park Hill Blvd, Melbourne (321) 729-0255
1177.4-grarl"FIl
Flooring — Spec 9
Plumbing —Certified Plumbing, Air & Heat
1434 Norman St, Palm Bay (321) 676-0812
HVAC — D&H Magic Air
2280 Avocado Ave, Melbourne (321) 253-9111
Electrical — Commercial Electric
281 Thor Ave, Palm Bay (321) 951-9866
List of sub contractors is suboct to chaqe
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/15/2014
Item No.
Subject: Authorize the purchase of an Emergency Power Standby Generator for Lift
Station #4 located in Harbor Heights in the amount of $39,840.
Department: Public Works Services
Summary: The installation of an emergency power standby generator will be used for
the loss of electrical power to Lift Station #4 located in Harbor Heights. This will
maintain uninterrupted sanitary sewer service for this portion of the City during power
outages.
The purchase of this Tradewinds Power Corporation generator is part of an ongoing
Program to install emergency power standby generators at key lift stations throughout
the City. Generators were previously installed at Lift Station Nos. 1, 2, 3 and 9. An
emergency generator is also scheduled for installation at Lift Station #7 as part of
scheduled lift station upgrade activities.
The emergency power standby generator is a cooperative purchase through the Florida
Sheriff's Association, Bid Package No. 13 -11 -0904, Specification #48, 125 Kilowatt
Generator Package.
Submitting Director: Jeff Ratliff C Date: 04/04/2014
Attachment: Bid Package #13 -11 -0904
Financial Impact: $39,840 purchase of an Emergency Power Standby Generator for
Lift Station #4 located in Harbor Heights to be funded by the Wastewater Fund. Staff
time and effort to prepare this Agenda Item.
Reviewed by Finance Director: John DeLeo Date: 7
The City Manager recommends that City Council44 ke the following action:
Authorize the purchase of an Emergency Power Standby Generator for Lift Station #4
located in Harbor Heights in the amount of $39,840.
Approved by City Manager: David L. Greene 91>s- Date: q/1 /y
City Council Action:[ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment
Bid Package #13 -11 -0904
Idonsomm 1r"Af%Z1Af1AfAnC
womm„ ...........
POWER CoApp Fifts
5820 NW 84th Avenue Marni, Florida 33166
Tel 305-592-9745 FAX 305-592-7461
www.tradowindspower.com
TO: City Of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920 -
T e (321)-868-1240 Fax: (321) -868-1233
Attn: Mr. Jelf Ratliff
LIFT STATION #4
13,600;
-504171 8,383
39,840,
Inc.
lnc,1
Inc,! Inc.;
39,8401
OLM FEAT MURNS
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•o GENERATOR SETS
Automatic Transfer Switch
TOTAL PAC Standard Generator Set Features
�ptlon�a$EquipmeP�
• Nema U disconnect boxes
• Low Coolant level Switch
• Water Separator Fuel Filter
• Space Heater
• Generator Drip Covers
• 17 Light Remote Annunciator Panel
'Stand by rWnp am appkcalbla for the durabon of any power outal;q. No overload rs avalable a #me irafing& Prinis raings are continuous per BS 5514, CNN 6271,
1503046 & IEC 34-t Overload capacity on pirlare-power rafinp is 10% kv one how h each twelve hours of operabom AN single p radrip are based on a 1,0
pow faster. three (3) phase r rip based on a 0.8 power facbr. PAnp we es 's based an BST 129T ) and an devAon of I.WD ke ( 305 mders,
ftase consull your Tradvivinds representalWe lar inforrewfim conwrMnq derales for Wroaralum, aftitude It hwii*
Tradewinds Power Corp • 5820 NW 84th Street • Miami, FL 33166 • 800-223-3289 www.tradewindspower.com
Generator Ratings* @ 1800 RPM
Stendby Ou�ut
Prime Output
I Sbndby Max Amp
Number
kW (M)
kW (kVA)
Output
Of Wires
—J,
TOTAL PAC Standard Generator Set Features
�ptlon�a$EquipmeP�
• Nema U disconnect boxes
• Low Coolant level Switch
• Water Separator Fuel Filter
• Space Heater
• Generator Drip Covers
• 17 Light Remote Annunciator Panel
'Stand by rWnp am appkcalbla for the durabon of any power outal;q. No overload rs avalable a #me irafing& Prinis raings are continuous per BS 5514, CNN 6271,
1503046 & IEC 34-t Overload capacity on pirlare-power rafinp is 10% kv one how h each twelve hours of operabom AN single p radrip are based on a 1,0
pow faster. three (3) phase r rip based on a 0.8 power facbr. PAnp we es 's based an BST 129T ) and an devAon of I.WD ke ( 305 mders,
ftase consull your Tradvivinds representalWe lar inforrewfim conwrMnq derales for Wroaralum, aftitude It hwii*
Tradewinds Power Corp • 5820 NW 84th Street • Miami, FL 33166 • 800-223-3289 www.tradewindspower.com
Engine ifi i
Agency Approvals: UL 508 R CSA C22.2 No 14 NFPA 110
CE Co nce : EC LVD-7312YEEC EN 61000.6- 4:2001 EMC EN 50178:1997 EMC- 8913361EEC EN 610000 6. 2:2001 EMC Immunity
complete set Owners/Operators, Engine, Accessory
Dimensional and Mounting Speci".+ . o 64.50" Total
No-
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Authorized Dealer:
ATS �lDoor !
opening f 3200"
d�
Specifications are subject to change without notice
Tradewinds Power Corp - 5820 NW 84th Street - Miami, FL 33166 - 800. 223.3289 wwwArade dspower -eom
TRADEWINDS
;Wffl POWER R CORP
.i St. 'Rs.• . Sebring, Florida
Tel 863-382-2166 - FAX 0.
Tradewinds Power •
Bid No. 13 -11 -0904
Specification No. #48
125KW GENERATOR
PACKAGE
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 4/15/2014
Item No.
Subject: Ordinance No. 05 -2014; amending Chapter 110, Zoning, of the Code of
Ordinances; providing for the revision of the definition of a variance; providing for the
repeal of prior inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, first reading.
Department: Community and Economic Development
Summary: The Code defines a "variance" as a relaxation of the requirements of
Chapter 110 when such variance will not be contrary to the public interest and when,
owing to conditions peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of this chapter would result in unnecessary and undue
hardship. Also, a variance is authorized only for height, area, size of structure or size
of yards and open spaces. This definition does not allow for a variance for the width
of a lot.
The owner of a vacant 120' x 148' lot on Central Boulevard wants to split the property
into two (2) lots and construct two (2) single family homes. The lot is zoned R -1 which
calls for a minimum lot width of 75 ft. Splitting the lot would create two nonconforming
lots, each 60 ft. in width. However, the lots would meet all other R -1 requirements (lot
depth and area) and the proposed structures will be required to meet setbacks, lot
coverage, etc. The applicant is requesting that the Code be amended to allow for the
opportunity to request a variance for the width dimension of a lot. (Attachment 1)
The Development Review Committee reviewed the proposed revision and has no
comments. The Planning & Zoning Board reviewed the proposed Code revision on
September 11, 2013 and recommended approval. (Attachment 2)
Attached is a survey (Attachment 3) of other local governments and the regulations
allowed to be considered for variances. The cities of Cocoa, Cocoa Beach and
Rockledge limit variances to the same regulations as Cape Canaveral. In addition to
the items Cape Canaveral allows for variances, Satellite Beach includes setbacks,
fences and landscaping. Brevard County allows for variances to all zoning and sign
regulations. Titusville allows variances to all land development regulations. Melbourne
also allows variances to zoning regulations and, in addition, provides for an
"administrative waiver" process.
Submitting Department Director: David Dickey `'� Date: 03/31/14
Attachments: (1) Ordinance No. 05 -2014; (2) Planning & Zoning Board minutes; and
(3) Local Community Survey
Financial Impact: Cost of Ordinance /Agenda item preparation, advertisement and
Codification.
Reviewed by Finance Director: John DeLeo
Al
Dater
City Council Meeting Date: 04/15/2014
Item No. LO
Page 2 of 2
The City Manager recommends that City Council take the following actions:
Adopt Ordinance No. 05 -2014, first reading.
Approved by City Manager: David L. Greene Date: (- // 2
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 05-2014 Attachment 1
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER
110, ZONING, OF THE CODE OF ORDINANCES;
PROVIDING FOR THE REVISION OF THE
DEFINITION OF A VARIANCE; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City of Cape Canaveral believes that under certain limited conditions
and circumstances, the literal interpretation of the Code may deprive a property owner of rights
commonly enjoyed by other properties in the same zoning district; and
WHEREAS, when such circumstances occur, the City of Cape Canaveral currently
allows a variance from the various zoning district standards for height, area, size of structure or
size of yards and open space; and
WHEREAS, the City of Cape Canaveral desires to expand the definition of a Variance to
include the ability to request relief from the lot width requirement established for the respective
zoning districts; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Cape Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Section 110 -1. Definitions. Section 110 -1 of the City Code is hereby
amended as follows (underlined type indicates additions and s.W R type indicates deletions):
Variance means a relaxation of the terms of this chapter when such variance will
not be contrary to the public interest and when, owing to the conditions peculiar
City of Cape Canaveral
Ordinance No. 05 -2014
Page 1 of 3
to the property and not the results of the actions of the applicant, a literal
enforcement of this chapter would result in unnecessary and undue hardship. As
used in this chapter, a variance is authorized only for height, area, width, size of
structure or size of yards and open spaces; establishment or expansion of a use
otherwise prohibited shall not be allowed by variance nor shall a variance be
granted because of the presence of nonconformities in the zoning district or used
in an adjoining zoning district.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be
incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or
letter and any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical and like errors may be corrected and additions, alterations and
omissions, not affecting the construction or meaning of this Ordinance and the City Code may be
freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of
this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural or any other reason, such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by
the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of
52014.
ROCKY RANDELS, Mayor
For Against
ATTEST: John Bond
Bob Hoog
ANGELA APPERSON, City Clerk Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 05 -2014
Page 2 of 3
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
W III 111 111,
.
City of Cape Canaveral
Ordinance No. 05 -2014
Page 3 of 3
Attachment 2
PLANNING & ZONING BOARD
MEETING MINUTES
SEPTEMBER 11, 2013
A Meeting of the Planning & Zoning Board was held on Wednesday, September 11, 2013, at the
City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to
Order at 6:00 p.m. by Chairperson, Lamar Russell. The Secretary called the roll.
MEMBERS PRESENT
Lamar Russell
Harry Pearson
John Fredrickson
Ron Friedman
Bruce Collins
John Price
OTHERS PRESENT
Susan Chapman
Kate Latorre
Todd Morley
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
Secretary
Assistant City Attorney
Community & Economic Development Director
Planning & Zoning Director
1. Approval of Planning & Zoning Board Meeting Minutes - August 28, 2013.
Motion by Harry Pearson, seconded by John Fredrickson to approve the Meeting Minutes of
August 28, 2013, as written. Discussion followed regarding Section 94-21 of the proposed sign
code relating to the allowable height of all signs. Todd Morley explained that 15 ft. was a
Scribner's error and the number needed to be changed back to 20 ft. in the draft. Vote on the
motion to approve the meeting minutes carried unanimously.
2. Recommendation to City Council Re: Request to Amend the Code of Ordinances to
Expand the List of Possible Variances to Include "Lot Dimension" - Mark Smith for
Rainier Construction, Inc., Applicant.
Planning & Zoning Director, Barry Brown gave his Staff Report. He read the Code definition for
"Variance" and noted that the definition did not allow for a variance for the width of a lot. He
explained that the applicant owns a 120' X 148' vacant lot on E. Central Blvd. and wants to split
the property into two lots and construct two single family residential homes; the property is
zoned R -1, Single Family Residential, which calls for a minimum lot width of 75 ft.; splitting the
lot would create two 60 ft. wide nonconforming lots; however, the lots would meet all other R -1
requirements. He advised that Staff supported the request and noted that additionally, Staff
requests the Board to expand the list of possible variances to include Chapter 110, Zoning
Regulations, which would allow variances for zoning district regulations including, but not limited
to: lot size, dimension, parking and loading, landscaping, fences, etc. He reviewed the results
of a survey of other local governments and their variance regulations. He noted that the City of
Melbourne also allows variances to zoning regulations and provides for an "Administrative
Waiver" process. Discussion followed regarding minimum lot dimensions in all zoning districts.
Planning & Zoning Hoard
Meeting Minutes
September 11, 2013
Page 2 of 4
Board Member, Ron Friedman commented that the City should use its own knowledge, intuition,
and expertise to regulate what is best for us and not allow other municipalities to influence this
City. Chairperson Russell replied that we need to read what other municipalities have so we
don't reinvent the wheel. He noted that the City has been the model for many municipalities
around the State. Ron Friedman voiced his opinion that dividing a lot that meets Code into two
nonconforming lots to construct two units instead of one unit is not considered an undue
hardship. He further voiced his opinion that if the City allows for a variance for lot dimensions
that it be limited to 5% of the overall lot dimensions. Mr. Collins agreed. The Board discussed
measurements of lot dimensions; and reviewed and discussed municipalities' allowable
variances as well as the proposed ordinance. Harry Pearson noted that none of the other
municipalities allow for lot dimension as an allowable variance. Barry Brown responded that the
other municipalities just don't list lot dimension specifically. Chairperson Russell advised that
there would be no limit to how narrow a lot could be based on the way the proposed ordinance
reads.
Jerry Doolittle, Realtor /Broker /Associate with Trafford Realty, supporting Mark Smith, Rainier
Construction, Inc., Applicant, read a statement into the record and gave a presentation
regarding the lot that Mr. Smith had recently purchased. He advised that Mr. Smith wished to
split the lot down the middle and build a conforming house on each lot; however, the two lots
would not meet the Code requirement for lot width and the Code does not allow a variance for
lot dimension. He showed details of how the lot would be split and noted that the surrounding
neighborhood was a melting pot of various size lots, some that do not meet Code. He advised
that the applicant was simply trying to construct homes that conform to the neighborhood; that
have existed with various lot sizes for a long period of time. He concluded that if granted, the
subsequent construction of two new single family homes would conform to the current
neighborhood plan. This would be a win -win for the community by maintaining the intent of
current low density R -1 zoning. He noted that one larger, more expensive home built on that lot
would not be comparable to the rest of the neighborhood.
Discussion followed regarding consideration the proposed ordinance. Chairperson, Lamar
Russell noted that if the ordinance was approved by Council as proposed the applicant could
come back and request a variance for a lot width reduction of 20 %. Discussion followed
regarding percentage of an allowable lot width reduction variance. Planning & Zoning Director,
Barry Brown requested that the Board not impose limits on the percentage of an allowable lot
width reduction and explained why. Discussion continued.
Motion by Harry Pearson, seconded by John Price to recommend that Council add lot
dimension to the list of possible variances. Vote on the motion carried unanimously.
Chairperson, Lamar Russell announced a break at 7:11 p.m. He called the meeting back to
order at 7:17 p.m.
3. Recommendation to City Council Re: Request to Amend the Code of Ordinances to
Allow for the List of Possible Variances to be Expanded to Include "Location of
Accessory Structure ": to Revise the Definitions of Landscape, Accessory Structure,
Accessory Use, and Side Yard: and Revise Section 110468. Accessory Structures -
Kim Rezenka, Authorized Anent.
REGULATIONS ELIGIBLE FOR A VARIANCE
Survey of Local Governments
MMMM
Sec. 62-251. Application.
Any person owning an interest in any real property may apply to the board of adjustment for a varianJ-9
from the provisions of article VI (Zoning Regulations) • this chapter, pertaining to zoning, or article
(Signs) of this chapter, pertaining to signs. The application shall be accompanied by a fee establish
from time to time by the board of county commissioners. The application shall be in such form
approved by the board of county commissioners, and shall contain the following information: I
Al III illiir
(2) If the applicant is other than all the owners of the particular property, written consent signed by
owners of the particular real property shall be attached. i
(3) The application shall contain the legal description of the particular real property, accompanied bylM
certified survey of that portion of the map maintained by the property appraiser reflecting t1i
boundaries of the particular real property.
(5) The application shall contain the variance requested from the provisions of this chapter, plus the
basis for the request.
Cocoa
Chapter 18— SUBDIVISIONS
Sec. 18 -10. - Variances.,;`
Where, because of topographical or other conditions peculiar to the site, strict adherence to
the provisions of the regulations of this chapter would cause unnecessary hardship, the
planning board may recommend and the city council authorize a variance, if such variance
can be made without destroying the intent of this chapter. Any variance thus authorized is
required to be entered in writing in the minutes of the planning board and of the city council
and the reasoning on which the departure was justified set forth.
APPENDIX A - ZONING
VARIANCE. A variance is a variation of the terms of the zoning ordinance where such variance will not be
contrary to the public interest and where, owing to conditions peculiar to the property or lot of record
and not the result of the actions of the applicant, prior to filing of application, a literal enforcement of
the ordinance would result in unnecessary and undue hardship (refer to article XVII, section 3).
Sec. 6. - Scope of special exceptions and variances.
(A) SPECIAL EXCEPTION. The board of adjustment may only authorize a special exception, as defined
in article V, Zoning, that is specifically listed for each applicable zoning district (refer to article XI,
Schedule of District Regulations).
(B) VARIANCES. The board of adjustment may only authorize a variance, as defined in article V,
Zoning, and in accordance with the following provisions:
(1) A variance is authorized only for height, area, size of structure or size of yards and open spaces.
(2) Establishment or expansion of a use otherwise prohibited shall not be allowed by variance.
(3) A variance shall not be authorized because of the presence of nonconformities in the zoning
district or uses in an adjoining zoning district.
(4) No variance is allowed for financial or self- imposed hardship.
Cocoa Beach
Variance. This shall be a relaxation of the terms of these regulations where such variance will not be
contrary to the public interest and where, owing to conditions peculiar to the property and not the
result of the actions of the applicant, a literal enforcement of these regulations would result in
unnecessary and undue hardship. As used in these regulations, a variance is authorized only for height,
area and size of structure or size of yards and open spaces. Establishment or expansion of a use
otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the
presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts.
ARTICLE VI. - VARIANCE
Where because of topographical or other conditions peculiar to the site, strict adherence to the
provisions of regulations would cause unnecessary hardship, the board of adjustment may authorize a
variance, if such variance can be made without destroying the intent of these regulations. Any variance
thus authorized is required to be entered in writing in the minutes of the board of adjustment and the
reasoning on which the departure was justified set forth.
Section 5 -51. - Standard site design variances. (this i °i s specKic to coimirnercc ao 11 site pia s and ins four irelHef'
The board of adjustment may grant a standard site design variance from the applicability or specific
terms of these regulations, exclusive of zoning regulations which shall also be heard by the board of
adjustment, when such standard site design variance will not be contrary to the public interest and
where, owing to special conditions, a literal enforcement of the provisions of site design standards
would result in unnecessary hardship. Applications for standard site design variances must be applied
for in accordance with section 5 -52, and must be advertised in accordance with section 1 -42D. of these
regulations.
Melbourne
Appendix B —Zoning
Definitions:
Variance. A relaxation of the terms of the zoning ordinance where such variance will not be contrary to
the public interest and where, owing to conditions peculiar to the property and not the result of the
actions of the applicant, a literal enforcement of the ordinance would result in an unnecessary and
undue hardship.
Sec. 7. Variances.
To authorize upon application in specific cases such variance from the terms of this ordinance as will not
be contrary to the public interest where, owing to special conditions, a literal enforcement of the
provisions of this ordinance could result in unnecessary hardship.
All Appendix B Zoning Regulations are eligible for variance.
Sec. 8. Administrative waivers.
The applicant for a waiver from the administrative review committee shall submit a letter to the
planning and economic development director setting forth the specific request and need thereof. The
letter shall include the following documents as attachments and /or exhibits:
(1) A signed affidavit (submitted on a form prepared by the city) from all abutting property owners
indicating no objection to the requested waiver.
(2) Failure of the applicant to obtain signatures of all abutting property owners will require a public
hearing before the board of adjustment for a variance under the provisions of this article. For the
purpose of this section, the term "abutting" shall include those properties directly across the street from
the property requesting a variance but shall not include lots that touch at only a point.
(3) Verification by survey of existing lot size and dimensions, existing setbacks, and the per centage of
lot coverage for all structures, drives and parking on the lot.
(4) A fully dimensioned and scaled sketch plan depicting the variance request.
(A) Applicability.
(1) Setbacks. In any zoning district, side, side corner, front and rear setbacks may be partially waived by
a unanimous decision of an administrative review committee consisting of the code compliance director,
city engineer and the planning and economic development director, or their city staff designees, under
the following conditions:
(a) The waiver shall apply only to the following:
1. Setbacks identified in Article V of this Code for principal structures.
2. Setbacks identified in Article V of this Code for (3) yard encroachments and (4) accessory structures.
3. Setbacks for parking identified in Appendix D, Chapter 9, of the Land Development Code.
4. Setbacks for signs identified in Appendix D, Chapter 9, of the Land Development Code.
(b) The waiver shall not exceed ten (10) per cent of the required minimum setback in the specific zoning
classification.
(c) The waiver shall not, in the opinion of the administrative review committee, have an adverse affect
on the neighborhood or general welfare of the area.
(2) Lot area. In any zoning district, a waiver of minimum lot area, width or depth, if the lot does not
meet the minimum size, width or depth required of the zoning classification as specified in Article V,
may be partially waived by a unanimous decision of the administrative review committee under the
following conditions:
(a) The waiver shall not exceed ten (10) per cent of the required minimum lot area, width or depth, as
required in the specific zoning classification.
(b) The waiver shall not, in the opinion of the administrative review committee, be inconsistent with the
general lot sizes in the neighborhood or have an adverse affect on the neighborhood or the general
welfare of the area.
(B) Action.
Denial of the request for an administrative waiver under the provisions of this section shall not preclude
the applicant from requesting a variance from the board of adjustment under the provisions of this
article. In such cases, the petitioner shall submit a formal application for a variance consistent with the
requirements of the article.
•
Variance: As used in connection with the provisions of these regulations dealing with zoning, means a
modification of the zoning ordinance regulations when such variance will not be contrary to the public
interest and when, owing to conditions peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A
variance is authorized only for height, area and size of structure or size of yards and open space.
Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a
variance be granted because of the presence of nonconformities in the zoning district or classification or
in adjoining zoning districts or classifications. Any variance to the zoning ordinance regulations must be
authorized by the Rockledge Board of Adjustment and must meet the criteria stated in this Code.
PIT M-ff s sw
(b)
Variances. The board shall hear and decide requests for variances.
(1)
Permissible subject matter. The board may grant variances for the following matters only: structure size
and height, lot size and area, yard size and amount of open space, setbacks, fences, and landscaping.
(7)
Eligible applicants. Only the following may request a variance:
a.
The owner(s) of at least 75 percent of the property or an agent they have authorized through a properly
executed power of attorney;
b.
The city council;
C.
The planning and zoning advisory board; and
d.
Any department of the city.
alum"
Volume II — Land Development Regulations
Variance: A relaxation of the terms of these regulations where such variance will not be contrary to the
public interest and where, owing to conditions peculiar to the property and not the result of the actions
of the applicant, a literal enforcement of these regulations would result in unnecessary and undue
hardships.
No other restrictions.