HomeMy WebLinkAboutAgenda Packet 01-20-2015(City Seal)
CAPE CANAVERAL
CITY COUNCIL MEETING
AGENDA
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 Tem 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 Tem or Meeting Chair.
PLEASE KEEP CELL PHONESAND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
January 20, 2015
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
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. — 6:25 p.m.
Presentation by Division Manager Daniel Robson from Waste Pro of Florida, Inc.
CONSENT AGENDA:
6:25 p.m. — 6:30 p.m.
1. Approve Minutes for Regular City Council Meeting of December 16, 2014.
2. Resolution No. 2015-01; relating to the grant of a Utility Easement to the City of
Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date.
PUBLIC HEARING:
6:30 p.m. — 7:00 p.m.
3. Ordinance No. 12-2014; amending City Code Chapter 22, Community
Development, related to administrative extensions of Community Appearance
Board Approvals; amending City Code Chapter 110, Zoning, related to
administrative extensions of Site Plan approvals; providing for the repeal of prior
inconsistent ordinances and resolutions; incorporation into the Code; severability;
and an effective date; second reading.
4. Ordinance No. 01-2015; amending Chapter 102, Vegetation, of the Code of
Ordinances; amending Definitions and Permit Exceptions related to Hazardous
City of Cape Canaveral, Florida
City Council Meeting
January 20, 2015
Page 2 of 2
Trees; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, second reading.
5. Ordinance No. 02-2015; amending Chapter 22, Community Development, of the
Code of Ordinances; amending the duties of the Business and Economic
Development Board; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code, severability; and an effective date,
second reading.
6. Ordinance No. 03-2015; amending the Solid Waste Agreement between the City
and Waste Pro of Florida, Inc., pursuant to Section 2.12 of the City Charter, to
provide for annual payments to the City in lieu of a performance bond or letter of
credit for the initial five-year term; providing for repeal of prior inconsistent
ordinances and resolutions, incorporation into the Code, severability, and an
effective date, first reading.
REPORTS:
7:00 p.m. — 7:15 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes,the City hereby advises the public that: If a person decides to appeal any
decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of
the proceedings,and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law.
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: 01/20/2015
PRESENTATIONS / INTERVIEWS
Subject: Presentation by Division Manager Daniel Robson from Waste Pro of Florida,
Inc.
Department: Administrative Services
Summary: Waste Pro of Florida, Inc. offers several incentive programs to its
employees. One award can be received when an employee has been accident/injury
free, not called out and has kept their assigned vehicle clean/mechanically fine-tuned
for three (3) continuous years. The award amount is $10,000.00.
Division Manager Daniel Robson notified the City that Mr. Tony Weaver, an employee
assigned to the Cape Canaveral route, has qualified for the above incentive. Mr.
Robson requested the presentation of the award take place during a Cape Canaveral
City Council Meeting, where Mayor Randels can present a 4' x 2' size check to Mr.
Weaver as well as have a photograph taken.
Submitting Department Director: Angela Apperson Date: 12/18/2014
Attachment: None
Financial Impact: Staff time to prepare Agenda item.
Reviewed by Finance Director: John DeLeo Date: 12/18/14
The City Manager recommends that City Coundlil take the following action: Join
me in congratulating Mr. Weaver on his accomplishment.
Approved by City Manager: David L. Greene Date: 12/18/14
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 16, 2014
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:01 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro Tem Bob Hoog
Council Member Buzz Petsos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
Administrative Services Director Angela Apperson
Finance Director John DeLeo
Community & Economic Development Director Todd Morley
Planning & Zoning Director David Dickey
Leisure Services Director Gustavo Vergara
Public Works Service Director Jeff Ratliff
Brevard County Sheriff Lieutenant Alex Herrera
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION
Amber Kourofsky, representing Fannie Mae, requested Item #2 be removed from the
Consent Agenda. Attorney Anthony Garganese explained only the Council Members or
Staff can remove an item from the Consent Agenda. A motion was made by Mayor
Pro Tem Hoog, seconded by Council Member Petsos, to remove Item # 2 from the
Consent Agenda for further discussion. The motion carried 5-0 with voting as
follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
John Benton expressed displeasure with the Code Enforcement Board's ruling that he is
living in a warehouse unit. He indicated he is not living in the unit; however, there are
other individuals who are doing so. Attorney Garganese advised the Council to refer the
City of Cape Canaveral, Florida
City Council Regular Meeting
December 16, 2014
Page 2 of 5
issue to the City Manager. Mr. Benton continued to explain his position. City Manager
David L. Greene indicated Mr. Benton should schedule a meeting with him.
Pastor Paul Rosbury explained his work in Brevard County and presented the City
Council/City Manager with Bibles and a handout entitled "Proverbs and Politicians". He
offered his services to arrange for pastors to provide invocations and indicated
pastors/ministers of Brevard County will be praying for the Elected Officials each week.
Marilyn Rigerman, representing the Space Coast Art Festival, thanked the City Council,
Staff and Citizens for their support of the event. She presented gifts for City Council
Members/Staff and indicated the event is scheduled to be held at the Port again in
2015. Mayor Randels asked how long she has been involved with the Festival, to which
she replied 10 years.
Melanie Evans explained the work of the Business and Economic Development Board
to rebrand the City. She requested individuals complete the on-line Survey at
www.mycapecan.com.
Eva Errante spoke in opposition to the proposed gas station and noted items that could
be on the site instead.
CONSENT AGENDA:
Mayor Randels inquired if any additional items are to be removed from the Consent
Agenda for discussion.„OnlfAep #2 was removed.
1. Approve Minutes for Regular City Council Meeting of November 18, 2014:
2. Approve an Application for Satisfaction or Release of Code Enforcement Lien
from $49,500.E ) to $36,006b0c,Case No. 010-00140, 8713 Hibiscus Court:
3. Appoint Mayor Randels as the Voting Delegate to the Space Coast
Transportation Planning Organization (TPO) Governing Board, representing the North
Beaches Coalition of Cape Canaveral and Cocoa Beach; reappoint Jeff Ratliff as the
Vofireleciatelo the Technical Advisory Committee (TAC) with Lonnie Dunn as the
Alternate; and reappoint John Price as the Citizen Advisory Committee (CAC)
representative:
A motion was made by Council Member Petsos, seconded by Council Member
Walsh, to approve Items 1 and 3. The motion carried 5-0 with voting as follows:
Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos,
For; Mayor Randels, For; and Council Member Walsh, For.
Item #2: Amber Kourofsky explained actions taken by Fannie Mae to bring the property
into compliance at an approximate cost of $55,000.00. She advocated for further
reduction of the lien to $12,000.00 and indicated the property is currently under contract
City of Cape Canaveral, Florida
City Council Regular Meeting
December 16, 2014
Page 3 of 5
for a third time. Discussion ensued and included: time frame for the present owner to
achieve compliance was August 2013 to June 2014; that a lender cannot enter, make
changes or repairs to a property until they have title to the property; that the fine was
calculated from November 2013; the loss of two prior sales offers, the length of time the
City has had to live with dilapidated property; elimination of the liens filed under the prior
owners; current sales contract is for $60,000.00; and recommendation of the Code
Enforcement Board to reduce the lien to $36,000.00. During discussion, counter offers
were made by Ms. Kourofsky, however none were accepted. A motion was made by
Council Member Bond, seconded by Mayor Pro Tem Hoog, to approve Consent
Agenda Item #2 as written (reduction from $49,500.00 to $36,000.00). The motion
carried 5-0 with voting as follows: Council Member 40d, For; Mayor Pro Tem
Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council
Member Walsh, For. Attorney Garganese explained payment due within 30 days or
the lien will revert to the full amount owed and a reduction could not be reconsidered for
12 months.
PUBLIC HEARINGS:
4. Ordinance No. 15-2014; amending Chapter 110 Zoning, related to setback
encroachments; providing for the repeal of prior-inconsistent ordinances and
resolutions; incorporation into the Code; ,aeverability; and an effective date, second
reading: Attorney Garganese read the Ordinance title into the record and provided a
brief explanation of same. The Public Hearing was opened. No comments were
received and the Public Hearing was closed. A motion was made by Council Member
Walsh, seconded by Council Member Bond, to adopt Ordinance No. 15-2014 on
second reading. The motion carried 5-0 With voting as follows: Council Member
Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor
Randels, For; and Council Member Walsh, For.
5. Ordinance No. 12-2014; amending City Code Chapter 22, Community
Development, related to administrative extensions of Community Appearance Board
Approval , amending city Code Chapter 110, Zoning, related to administrative
extensions of Site Plan approvals; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the Code; severability; and an effective
date, first reading: Attorney Garganese read the Ordinance title into the record and
provided a brief explanation of same. The Public Hearing was opened. No comments
were received and the Public Hearing was closed. A brief discussion of the Ordinance
ensued and it was noted a letter of support was received from the Economic
Development Commission. A motion was made by Council Member Walsh,
seconded by Council Member Petsos, for approval of Ordinance No. 12-2014. The
motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro
Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council
Member Walsh, For.
6. Ordinance No. 01-2015; amending Chapter 102, Vegetation, of the Code of
Ordinances; amending Definitions and Permit Exceptions related to Hazardous Trees;
City of Cape Canaveral, Florida
City Council Regular Meeting
December 16, 2014
Page 4 of 5
providing for the repeal of prior inconsistent ordinances and resolutions; incorporation
into the Code; severability; and an effective date, first reading: Attorney Garganese
read the Ordinance title into the record and provided a brief explanation of same. The
Public Hearing was opened. Mayor Randels provided additional explanation of the
Ordinance. An unidentified person asked how a tree would be determined as a
Hazardous Tree, to which Attorney Garganese read the applicable portion of the
Ordinance. Shannon Roberts expressed concerns that favor would be given to
developers or inappropriate classifications of trees would allow modernization of a
structure. Mr. Greene re-read the applicable portion of the Ordinance and provided
explanation of his enforcement intentions. An unidentified person asked how one
receives authority to cut down a Hazardous Tree and what happens if someone cuts a
tree down without making application. Community and Economic Development Director
Todd Morley explained a person must first apply for tree removal and a determination
would be made as to whether it is a Hazardous Tree. It was noted individuals face Code
Enforcement action for not following the Code. The Public Hearing was closed. Council
comments included the need to rely upon the training of the certified City Arborists. A
motion was made by Mayor Pro Tem Hoog, seconded by Council Member Petsos,
to approve Ordinance No. 01-2015. The motion carried 5-0 with voting as follows:
Council Member Bond, For; Mayor Pro Tern Hoog, For Council Member Petsos,
For; Mayor Randels, For; and Council Member Walsh, For.
7. Ordinance No. 02-2015; amending Chapter 22, Community Development, of the
Code of Ordinances; amending the duties of the Business and Economic Development
Board; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code, severability; and an effective date, first reading: Attorney
Garganese read the Ordinance title into the record and provided a brief explanation of
same. The Public Hearing was opened. Mayor Randels provided additional explanation
of the Ordinance. Board Member Melanie Evans expressed appreciation for the
changes. The Public Heating was closed. Council Members expressed support for the
Ordinance and how it could encourage volunteer service. A motion was made by
Council Member Petsos, seconded by Mayor Pro Tern Hoog, for approval of
Ordinance No. 02-2015, The motion carried 5-0 with voting as follows: Council
Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For;
Mayor Randels, For; and Council Member Walsh, For.
ITEMS FOR ACTION:
8. Appointment of Voting Delegate/Director and an Alternate to the Space Coast
League of Cities (SCLOC): Mayor Randels explained the SCLOC mission and noted
Council Members' prior participation on the SCLOC Board. Mayor Pro Tem Hoog felt it
was time to let someone else be the Voting Delegate. A motion was made by Mayor
Pro Tem Hoog, seconded by Council Member Petsos, to appoint Council Member
Bond as the Voting Delegate. A motion was made by Mayor Pro Tem Hoog,
seconded by Mayor Randels, to have Council Member Petsos serve as the
Alternate. Both Motions carried 5-0 with voting as follows: Council Member
City of Cape Canaveral, Florida
City Council Regular Meeting
December 16, 2014
Page 5 of 5
Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor
Randels, For; and Council Member Walsh, For.
9. Authorize Removal of a Specimen Tree at 139 Oak Lane: This item was removed
from the Agenda and no action was taken.
REPORTS:
City Attorney Garcianese wished everyone a Merry Christmas and Happy New Year.
Council Member Bond spoke of the scholarships awarded by the SCLOC in the Spring
and wished all present a Merry Christmas, safe New Year and well.
Council Member Walsh explained City Staff Members are also eligible to apply for the
(SCLOC) Scholarship. She extended Merry Christmas and Happy New Year to all and
for those celebrating Hanukkah or anything else, Happy,Holidays. She advocated for
everyone to have a safe and happy Holiday filled with happiness, love and everything
else your families enjoy.
Council Member Petsos complimented Leisure Services Staff on the great job they have
done on their events. He noted the Fire Oepartment was Planning a Public Opening of
the New Station in the New Year. He wished all a Merry ChristMas.
Mayor Pro Tem Hooq expressed his desire for everyone to have a Merry Christmas.
Mayor Randels explained the funds raised py the Reindeer Run go to the Brevard
County Police Athletic League (PAL). He noted Staffs successful work on the "Light up
Cape Canaveral" event, where the PAL assisted. He welcomed Lt. Alex Herrera back to
Cape Canaveral. Mayor Randels Wished all a safe Holiday, thanked those present for
taking the time to come to the meetings and complimented Staff on a fabulous 2014.
He advocated for everyone to take the Branding Survey and noted the third largest ship
in the world was at the Port this week.
City Manager Greene wished all a safe and joyous Holiday Season.
ADJOURNMENT;
There being no further business, the Meeting adjourned at 7:28 P.M.
Angela M. Apperson, MMC, Rocky Randels, Mayor
Administrative Services Director
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 01/20/2015
Item No. 2
Subject: Resolution No. 2015-01; relating to the grant of a Utility Easement to the City
of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date.
Department: Administrative Services
Summary: In April 2003, the City acquired an easement from Albert Praetorius for the
installation of a sewer transmission line between Holman Road and Banana River
Boulevard (Attachment 1).
In April 2012, Earl McMillin notified the City that he and his spouse, Mary McMillin,
acquired a 21' x 100' portion of land where the sewer line was placed under the prior
conveyed easement. He also indicated that Mr. Praetorius did not own the 21' x 100'
portion of the property he previously conveyed. A copy of the Quit Claim Deed is
Attachment 2. The property was then placed under the McMillin Family Trust.
Several meetings were held with Mr. McMillin to discuss the City acquiring an
easement. Mr. McMillin felt it was best to wait until the Holman Road Sewer Project
Plans were complete before committing to an easement. In April 2014, the Project
Plans were forwarded to the McMillan's for review and easement negotiations resumed.
In November 2014, the City and Trust mutually agreed on conveyance documents,
which include Resolution No. 2015-01 (Attachment 3). The Resolution also includes
Exhibit A, a Sanitary Sewer Easement Agreement and a sketch/description of the
property.
Resolution No. 2015-01 authorizes acceptance of the Easement pursuant to the terms
and conditions set forth in the Agreement summarized below:
• The easement is twenty-one feet wide (east to west) by 100 feet long (north to
south);
• Prohibits transfer of the easement unless to a governmental entity that is a
successor in interest to the City;
• Limits use of the easement for the sole purpose of placing, constructing,
repairing, operating and maintaining one sanitary sewer system;
• Restricts connection of the easement area to any public or private right-of-way to
the south of the property prior to 9/13/2034;
• Requires City to promptly repair or cause to be repaired, at its expense, any
damage caused by the City or its officers, employees, agents or contractors,
whether to the surface or subsurface of the property and do so in a workmanlike
manner;
• Allows installation of a fence, including two double swinging gates of at least
eight feet in width; and
• Requires easement to "Run with the Land" to any future owners.
City Council Meeting
Date: 01/20/2015
Item No. 2
Page 2 of 2
This easement is necessary to complete the Holman Road Sewer Project, which has
three phases. Phase 1 is scheduled for completion in FY 14/15.
Submitting Department Director: Angela Apperson Date: 12/12/14
Attachments:
#1 Easement between Albert Praetorius and City
#2 Quit Claim Deed
#3 Resolution No. 2015-01, with exhibit and sketch/description
Financial Impact: Staff and Attorney time to prepare Agenda Item and Easement
Documents; cost of sketch/description of property; and cost to record documents.
Reviewed by Finance Director: John DeLeo Date: 12/12/14
The City Manager recommends that City Council take the following actions:
Approve Resolution No. 2015-01.
Approved by City Manager: David L. Greene Date: 12/15/14
Return to: City Clerk Attachment 1 [barcode]
City of Cape Canaveral Easement CFN: 2003210834 07-14-2003 12:50 pm
P.O. Box 326 OR Book/Page 4977 / 2920
Cape Canaveral, FL 32920
THIS INDENTURE made this 22 day of April 2003 by and between Albert E. Praetorius of the County of Brevard.
State of Florida,Grantor,and the City ofCape Canaveral,a Florida municipality whose Post Office address is 105 Polk Avenue,Cape
Canaveral,Florida,32920,located in Brevard County,Florida,Grantee:
WITHNESSETH:
That for and in consideration of the sum of One Dollar($1.00)and other good and valuable considerations,receipt of which is hereby
acknowledged,the Grantor hereby grants,sells and conveys unto the Grantee, its successors and assigns,un easement along,under,over
and across certain real property located in Brevard County, Florida more particularly described on Exhibit"A"attached hereto(Servient
Estate). The easement shall be described uo that portion of the Servient Estate Lot 21 & Lot 22 Banana River Estates PB 10, PG 1.
The purpose of the Easement granted herein is more specifically set forth as follows:
1. The perpetual right of the grantee or its designee to construct,install,operate,maintain,repair,replace and remove sewer lines or
pipes,and the right to transmit and convey utilities through and under said property,together with the right to excavate and refill ditches
and trenches for the placement of such lines or pipes within the described Easement.
2. The purpose of this Easement is to provide for installation by Grantee and its public utility designees of public improvements as set
forth in paragraphs 1 hereinabove to serve the general public,and no neighboring landowners or others shall have any rights hereunder
except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement
area.
3. Grantee and/or public utility designees in constructing,maintaining,repairing,replacing or otherwise using the easement area shall
not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or
its heirs,administrator,successors and assigns to utilize said lands.
4. This easement shall be non-exclusive and subject to the right of Grantor and its heirs,successors,administrators and assigns to use
the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee.
TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns,together with the fight to enter upon said
lands and to construct and maintain public uses thereon,with all such fills,cuts,drains,pipelines,ditches and other incidents which said
Grantee may deem necessary or convenient in connection therewith.
It is expressly understood and agreed that the terms,covenants and conditions of this Easement shall be and constitute covenants
running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title
of ownership thereof and regardless of any future change which may take place therein.
lN WITNESS WHEREOF, the Grantors have hereunto set their seals on the day and year first above written.
Signed in the presence of: Grantor:
[signature] [signature]
STATE OF FLORIDA
COUNTY OF BREVARD
ON THIS DAY,personally appeared before me.the undersigned authority, [signature], to me well known to
be the person(s)described in and who executed the foregoing easement.and they acknowledged before me that they executed the same
freely and voluntarily and for the purpose expressed.
ON WITNESS WHEREOF, I have hereunto set my hand and official seal in the State and County aforesaid this 22nd day of
April 2003.
Notary Public State of Florida Marianne T Huston
My Commission CC884102
Expires October 31, 2003
NOTARY PUBLIC, State of Florida at Large
My Commission Expires:
Scott Ellis
Clerk of Courts, Brevard County
#Pgs: 3 #Names: 2
Trust: 2.00 Rec: 13.00 Serv: 0.00
Read: 0.00 Excise: 0.00
Mtg: 0.00 Int Tax: 0.00
EXHIBIT "A"
[construction sketch]
EXHIBIT "A"
[construction sketch]
CFN 2010207214 , OR BK 6266 Page 391, Recorded 10/25/2010 at 10:46 AM, Scott
Ellis, Clerk of Courts, Brevard County Doc. D: $70.00
Attachment 2
QUITCLAIM DEED
The Grantor, BILLIE CHANDLER LaCHANCE, resident of 7135 Turkey Point Drive,
Titusville, Florida, 32780, is the only child and sole heir of WILLIAM W. and GLADYS
CHANDLER, both of whom are deceased, and widow of EDWIN T. LaCHANCE, JR.
The Grantor has executed this QUITCLAIM DEED on this 25th of October 2010 to the
Grantees, EARL R. and MARY W. McM1LLIN, husband and wife, residents of 397
Holman Road, Cape Canaveral, Florida, 32920.
WITNESSETH, that the Grantor, for and in consideration of the sum of $10,000.00
lawful money of the United States in hand paid by the Grantees, the receipt of which is
hereby acknowledged, does hereby remise, release and quitclaim unto the Grantees
forever, all the right, title, interest, claim and demand which the Grantor has in and to the
following described lot, piece or parcel of land, situate, lying and being in the County of
Brevard, State of Florida,to wit:
That portion of Government Lot 1, Section 26, Township 24 South, Range 37
East more particularly described as follows:
Commence at the intersection of the West line of Lot 27 of Banana River Estates
Subdivision, as per plat thereof recorded in Plat Book 10, Page 1 of the Public
Records of Brevard County, Florida and the South line of Holman Avenue, this
point being the Northwest corner of Lot 27. From the aforesaid Northwest corner
of Lot 27 run South along the West line of Lots 27, 26, 25, 24, 23 and 22 a
distance of approximately 584.50 feet to the Point of Beginning(POB). The POB
is marked by a 4"x 4"concrete monument stamped"Scott Praetorius".
For a first course run from the POB a distance of approximately 100.00 feet due
South to a Second Point marked by a 4" x 4"concrete marker and by a rebar and
cap with identification "Slieger". This Second Point being approximately 39.40
feet North of the South line of Lot 21.
For a second course run West on a line South 89 degrees, 38 minutes and 00
seconds West a distance of approximately 21.00 feet to a Third Point marked by a
rebar and cap with identification"LS 5208".
For a third course run North on a line North 00 degrees, 10 minutes and 49
seconds West a distance of approximately 99.64 feet to a Fourth Point marked by
a rebar and cap with identification"Allen".
For a fourth course run East on a line North 89 degrees, 36 minutes and 47
seconds East a distance of approximately 21.00 feet to the POB.
Same being a strip of land approximately 100.00 feet in length North and South
and approximately 21.00 feet in width East and West lying immediately West of
Page 1 of 3
. 6266 PG 392
Lots 21 and 22 of the Banana River Estates Subdivision as shown in the drawing
attached hereto, made part hereof and marked ATTACHMENT A.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all .the estate, right, title, interest,
lien, equity and claim whatsoever of the Grantor, either in law or equity, to the only
proper use, benefit and behoof of the Grantees, forever.
IN WITNESS WHEREOF, BILLIE CHANDLER LaCHANCE, the Grantor, has signed
and sealed this QUITCLAIM DEED the day and year first written above.
Signed,sealed and delivered in the presence of:
[signature] [signature]
WITNESS Billie Chandler LaChance
[signature]
WITNESS
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
of Florida and County of Brevard to take acknowledgements, personally appeared
BILLIE CHANDLER LaCHANCE, to me personally known or identified to me by
presentation of Florida Drivers License No. L252063268780 to
be the person described in and who executed this QUITCLAIM DEED before me and she
acknowledged to me that she executed the same.
WITNESS my hand and official seal in the State of Florida and County of Brevard this
25th day of October, 2010.
NOTARY PUBLIC, STATE OF FLORIDA
[Brevard County Clerk of Courts Seal]
Prepared By: Earl McMillin, P.O.B.1086
DEPUTY CLERK, per F.S. 695.03/92.50 Cape Canaveral,FL 32920-1086
(321)783-8834
Florida Bar No.01115860
Scott Ellis,Clerk
Brevard County,Florida
Page 2 of 3
[construction plans]
ATTACHMENT#3
RESOLUTION NO. 2015-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, RELATING TO THE
GRANT OF A UTILITY EASEMENT TO THE CITY OF
CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, Earl R. McMillin and Mary W. McMillin, his spouse, are Trustees of the
McMillin Family Trust, dated August 16, 1995, as amended (hereinafter"Trust"); and
WHEREAS, the Trust is the fee simple owner of a 100' long x 21' wide strip of real
property lying immediately west of Lots 21 and 22 of the Banana River Estates Subdivision, ("the
Property"); and
WHEREAS, the Trust desires to grant to the City a utility easement upon the Property by
virtue of that certain Sanitary Sewer Easement Agreement attached hereto as Exhibit "A"
("Easement Agreement"), in exchange for good and valuable consideration as set forth in said
Easement Agreement; and
WHEREAS, the City desires to accept said easement pursuant to the terms of the
Easement Agreement; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY RESOLVES,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby
fully incorporated herein by this reference as part of this Resolution.
Section 2. Acceptance of Easement. The City Council hereby accepts the 100' long
x 21' wide easement upon the Property pursuant to the terms and conditions of the Easement
Agreement set forth in Exhibit A.
Section 3. Recording. Following adoption of this Resolution by the City Council, the
City Clerk shall record the Easement Agreement in the Official Records for Brevard County,
Florida.
Section 4. Authority of Mayor. The Mayor is authorized and empowered by vote of
City of Cape Canaveral
Resolution No.2015-01
Page 1 of 2
the City Council of the City of Cape Canaveral to execute the Easement Agreement on behalf of
the City and bind the City thereto.
Section 5. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Council, or parts of prior resolutions in conflict herewith, are
hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution 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 Resolution.
Section 7. Effective Date. This Resolution shall become effective immediately upon
adoption by the Cape Canaveral City Council and recording in the Official Records for Brevard
County, Florida.
RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this 20th day of January, 2015.
ROCKY RANDELS, Mayor
ATTEST:
For Against
ANGELA APPERSON, City Clerk John Bond
Bob Hoog
Buzz Petsos
Approved as to legal form and sufficiency for Rocky Randels
the City of Cape Canaveral only:
Betty Walsh
ANTHONY A. GARGANESE, City Attorney
Return to:
Angela Apperson,City Clerk
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral,FL 32920
Parcel ID: 24-37-26-00-00262.0-0000.00
SANITARY SEWER EASEMENT
AGREEMENT
THIS SANITARY SEWER EASEMENT AGREEMENT (hereinafter the
"Agreement.") is made on the date shown in the Acknowledgement sealed by the Notary Public,
between the McMillin Family Trust, dated August 16, 1995, the address of which is P.O. Box
1086, Cape Canaveral, Florida 32920-1086 (hereinafter the "Trust"), and the City of Cape
Canaveral, a Florida municipal corporation, the address of which is 105 Polk Avenue, Cape
Canaveral, Florida, 32920 (hereinafter the"City").
RECITALS
WHEREAS, the Trust is the fee simple owner of certain real property located within the
City comprised of a 100 long x 21. wide strip of land lying immediately west of Lots 21 and 22
of the Banana River Estates Subdivision. This 100' x 21' strip is hereinafter called the
-Property;" and,
WHEREAS, a 20' x 565' right-of-way running north/south and within the City is
commonly called Holman Road. It is hereinafter referred to as the "Road;" and,
WHEREAS, the 21' wide north boundary of the Property runs east/west and abuts the
south boundary of the Road which runs east/west; and,
WHEREAS, the property is described in particular detail in the two-page Exhibit "A,"
which is a "Description" and "Sketch to Accompany Description" prepared by Allen
Engineering, Inc., which is attached hereto and fully incorporated into this Agreement; and,
WHEREAS, the City desires to acquire a perpetual, nonexclusive easement (hereinafter
the -Easement") on the Property for the uses described in this Agreement; and
WHEREAS, the Trust desires to commit to certain undertakings to the City in
consideration for the City allowing enclosure of the Easement.
NOW, THEREFORE, in consideration of the City agreeing to the items stated in
paragraphs 1 through 6 in the section entitled "CONSIDERATION, the Trust and the City
hereby agree as follows:
City of Cape Canaveral/McMillin Family Trust
Utility Easement Agreement
Page 1 of 7
CONSIDERATION
1. The City cannot assign, convey or otherwise transfer the Easement, or any part thereof,
except it may transfer its interests, only in total, to a governmental entity that is a successor in
interest to the City.
2. The Easement cannot be transferred to any non-governmental entity or quasi-
governmental entity or to any person or persons.
3. The Easement is for the sole purpose of placing, constructing, repairing, operating and
maintaining one (1) sanitary sewer system.
4. The City shall not take any steps to connect the Road to any public or private right-of-
way to the south of the Property for either vehicular or pedestrian traffic via any route prior to
September 13, 2034.
5. The Trust may enclose the Property with a fence without being required to pay any fees
to the City.
6. The City shall promptly repair, or cause to be repaired, the fence and/or any gates to the
extent that any damage is caused by the City or its officers, employees, agents or contractors.
As consideration for the right to enclose the Property the Trust agrees as follows:
1. Any fence shall include double swing gates, so long as each of the two (2) gates is at least
eight feet (8') in width and provide a total fence opening of at least sixteen feet (16').
2. The Trust shall provide the City with the means of opening any locking devices placed on
the double swing gates.
3. The Trust shall keep any fence and gates it has installed in good working order.
4. The City shall have unlimited access to the Easement in order that the purposes of the
Easement may be fully effectuated.
EASEMENT
Section 1.. Incorporation. All the above provisions, the title, opening paragraph, the
Recitals and the Consideration are true and correct and are incorporated by reference.
Section 2. Grant. The Trust hereby voluntarily grants to the City and any successor
governmental entities to the City, a perpetual nonexclusive twenty-one foot (21') wide Easement
over, under, through and across the entire length of the Property.
City of Cape Canaveral/McMillin Family I rust
Utility Easement Agreement
Page 2 of 7
Section 3. Purpose. The Easement is granted for the express purpose of allowing the City to
perpetually use the Property within the Easement solely for placing, constructing, repairing,
operating and maintaining one(1) sanitary sewer system through and under the Property.
Section 4. Rights and Obligations of the City. To accomplish the purposes in Section 3,
the City has the following rights:
1. To inspect, alter, improve, construct, repair, rebuild, remove, connect to,
disconnect from and maintain one(1) sanitary sewer system;
2. To excavate and refill ditches for the placement of one (1) sanitary sewer system;
3. To place fill on the Property to the extent necessary to enable equipment
necessary to perform the acts set out in Section 4(1) and (2) to be used on the
Property;
4. To do whatever is reasonably and customarily necessary for safe and efficient
performance of the acts set out in Section 4(1) and (2);
5. To protect its rights by appropriate action including, but not limited to, the right to
evict trespassers;
6. To restore or cause to be restored the surface and subsurface of the Property to the
condition it was in prior to the performance of any of the acts set out in Section
4(1) and (2);
7. To carry out all restoration in a workmanlike manner; and,
8. To pay all expenses incurred by the exercise of any of its rights or the fulfillment
of any of its obligations.
Section 5. Use of the Easement by the Trust: Any use of the Easement by the Trust, its
agents, successors or assigns shall not interfere with any of the rights of the City granted by this
Agreement. Neither the Trust nor its agents, successors or assigns shall relocate the sanitary
sewer system, construct any improvements on the Property, or install any landscaping on the
Property which the City believes may interfere with the integrity of the sanitary sewer system.
Neither the Trust nor its agents, successors or assigns, shall have any obligation to maintain the
Property in other than a wild state.
Section 6. Running with the Land. This Agreement shall remain a charge against the
Property. Therefore, this Easement shall run with the land and be automatically assigned by any
deed or other conveyance conveying the Property or any portion of the Property even though the
conveyance makes no reference to these easements as such.
City of Cape Canaveral/McMillin Family Trust
Utility Easement Agreement
Page 3 of 7
Section 7. Recordation. This Agreement shall be recorded in the Official Records of
Brevard County, Florida and may be re-recorded at any time to preserve the rights of either the
City or the Trust. The City shall pay any costs of the initial recordation.
Section 8. Sovereign Immunity. Nothing contained in this Agreement shall be construed as
a waiver by the City of its right to sovereign immunity per Section 768.28, Florida Statutes, or
other limitations on the potential liability of the City under state or federal law. The City is not
liable under this Agreement for punitive damages or interest for the period before judgment.
Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one
person for more than two hundred thousand ($200,000.00) dollars, or any claim or judgment, or
portion thereof, which, when totaled with all other claims or judgments paid by the State of
Florida or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the
sum of three hundred thousand ($300,000.00) dollars. This Section 8 shall survive the
termination of this Agreement.
Section 9. Indemnification. To the extent provided by law and subject to the limitations set
forth in Section 8 of this Agreement, the City agrees to indemnify, defend and hold harmless the
Trust and Earl R. McMillin and Mary W. McMillin jointly or severally, from any and all claims
for losses, damages, personal injuries (including but not limited to death) or liability arising
from, out of, or caused by the City, its officers, employees, agents, or contractors, negligent or
intentional acts, errors or omissions in carrying out the placement, operation, maintenance,
construction or repair of the sanitary sewer system, except to the extent of negligence or wanton
misconduct of the Trust, Earl R. McMillin or Mary W. McMillin. This Section 9 shall survive
the termination of this Agreement.
This indemnification provision obligates the City to defend at its own expense or to
provide for such defense, of any and all claims of liability and all suits or actions of every name
and description that may be brought against the Trust and/or Earl R. McMillion and/or Mary W.
McMillin, jointly or severally, which may result under this Agreement. In all events, the Trust
and/or Earl R. McMillin and/or Mary W. McMillin shall be permitted to choose legal counsel of
its sole choice, the fees for which shall be subject to and included with this indemnification
provided that so long as the fees are not greater than a rate deemed reasonable in Brevard
County, Florida.
Section 10. Injunctive Relief. The Trust, Earl R. McMillin and Mary W. McMillin,
individual, and the City agree that in the event of default, there may not be an adequate remedy
at law and, therefore, the Trust, Earl R. McMillin and Mary W. McMillin, individually, or the
City shall be entitled to seek injunctive relief, including a mandatory injunction.
Section 11. Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Florida. Venue for all disputes shall be properly placed in Brevard County, Florida.
The parties agree that the Agreement was consummated in Brevard County, Florida, and that the
site of the Easement is in Brevard County, Florida.
Section 12. Notice. All notices, demands, requests, consents, approvals or other
communications (hereinafter, "Notices") required or permitted to be given hereunder or which
City of Cape Canaveral/McMillin Family Trust
Utility Easement Agreement
Page 4 of 7
are given with respect to this Agreement shall be effective only if in writing and delivered by
personal service, delivered to an overnight courier service with guaranteed next day delivery or
mailed by certified mail, return receipt requested, postage prepaid, addressed as follows:
TO TRUST:
McMillin Family Trust
P.O. Box 1086
Cape Canaveral, Florida
32920-1086
TO CITY:
Attn: City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida
32920
The Trust or the City may designate an alternative address to which Notices are to be sent by
giving Notice of the alternative address to the opposite party.
The attorneys for the Trust and the City are authorized to give any Notice permitted per this
Agreement.
Any Notice shall be deemed received as follows:
1. If delivered by personal service, on the date of delivery;
2. If delivered by overnight courier service, on the first business day immediately
following delivery to the courier service; or
3. If delivered by United States Postal Service, on the third business day after
mailing.
Section 13. Modification. This Agreement may only be modified by a properly executed
written instrument.
Section 14. Entire Agreement. This Agreement constitutes the entire agreement between the
Trust and the City and supersedes any oral or written communication between the Trust and the
City related to the subject matter of this Agreement.
Section 15. Representation. The undersigned representatives hereby represent and warrant
that this Agreement has been duly authorized by their respective agencies and that the
City of Cape Canaveral/McMillin Family Trust
Utility Easement Agreement
Page 5 of 7
undersigned representatives have the authority to execute this Agreement on behalf of their
respective agencies.
IN WITNESS WHEREOF, the Grantor has hereunto set its hands and seals on the day
and year first above written.
Signed in the presence of: G " • NTOR
(MCMILLIN FAMILY TRUST, dated
August 16, 1995):
By:
Witness Earl R. McMillin, Trustee
Witness
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
2014, by Earl R. McMillin, [] who is personally known to me or [] who produced
as identification.
(Notary Seal)
NOTARY PUBLIC
My Commission Expires:
Personally Known
OR Produced Identification
Type of Identification Produced
City of Cape Canaveral/McMillin Family Trust
Utility Easement Agreement
Page 6 of 7
Signed in the presence of:
By:
Witness Mary W. McMillin, Trustee
Witness
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
2014, by Mary W. McMillin, [] who is personally known to me or [] who produced
as identification.
(Notary Seal)
NOTARY PUBLIC
My Commission Expires:
Personally known
OR Produced Identification
Type of Identification Produced
ATTEST: GRANTEE (CITY):
Angela Apperson, City Clerk M.R. Randels aka "Rocky' Randels, Mayor
City of Cape Canaveral City of Cape Canaveral
City of Cape Canaveral/McMillin Family Trust
Utility Easement Agreement
Page 7 of 7
[construction sketch]
DESCRIPTION
NOT A BOUNDARY SURVEY
DESCRIPTION: FROM QUIT CLAIM DEED RECORDED IN OR BK 6266 Page 391
That portion of Government Lot 1, Section 26 Township 24 South, Range 37 East more particularly
described as follows:
Commence at the intersection of the West line of Lot 27 of Banana River Estates Subdivision, as per plot
thereof recorded in Plat Book 10, Page 1 of the Public Records of Brevord County, Florida and the South
line of Holman Avenue, this point being the Northwest corner of Lot 27 From the aforesaid Northwest
corner of Lot 27 run South along the West line ,1 Lots 27, 26, 25, 24, 23 and 22 a distance of
approximately 584.50 feet to the Point of Beginning POB). The POB is marked by a 4" x 4" concrete
monument stamped "Scott Praetorius".
For a first course run from the POB a distance of approximately 100.00 feet due South to a Second Point
marked by a 4 x4" concrete marker and by a rebar and cap with identification "Slinger". This Second
Point being approximately 39.40 feet North of the South line of Lot 21.
For a second course run West on a line South 89 degrees, 38 minutes and 00 seconds West a distance of
approximately 21.00 feet to a Third Point marked by a rebar and cap with identification LS 5208".
For a third course run North on a line North 00 degrees, 10 minutes and 49 seconds West a distance of
approximately 99.64 feet to a Fourth Point marked by a rebar and cap with identification "Allen''.
Fir a fourth course run East on a line North 89 degrees, 36 minutes and 47 seconds East a distance of
approximately 21.00 feet to the POB.
Same being a strip of land approximately 100.00 feet in length North and South and approximately 21.00
feet in width East and West lying immediately West of OR BK 6266 PG 392.
Lots 21 and 22 of the Banana River Estates Subdivision as shown in the drawing attached hereto, made
part hereof and marked ATTACHMENT A.
SURVEYOR'S NOTES:
1. THiS iS NOT A SURVEY.
2. The bearings shown hereon are based on a bearing of SOUTH, along the West line of Lot 27.
3. o = Denotes change in direction (corners found).
SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
EXHIBIT "A" SURVEYOR'S CERTIFICATION:
SHEET 2 OF 2 I hereby certify that the attached Property Description was prepared
under my direction, in accordance with all applicable requirements of
the "Minimum Technical Standards," for land surveying in the State of
Florida, described in Chapter 5J-17, Florida Administrative Code,
pursuant to Chapter 472.027, Florida Statutes.
Allen
Engineering, Inc. ALLEN ENGINEERING, INC.
SURVEYORS - ENGINEERS
106 DIXIE LANE
COCOA BEACH, FLORIDA 32931 Not vallid without the BY: [signature]
TELEPHONE: (321)783-7443 - FAX: (321)783-5902 signature and the original ROBERT M. SALMON
WEBSITE: www.alleneng.net - EMAIL: info@alleneng.net raised seal of a Florida Professional Surveyor & Mapper
3. licensed surveyor and mapper. Florida Registration No. 4262
2. PREPARED AND CERTIFIED FOR:
1. CITY OF CAPE CANAVERAL
JOB NO. 140040 DATE 7-31-14
L:\Survey\Drawings\2014\140040 City of Cape Canaveral Holman Rd to Banana River Blvd\140040 [illegible].dwg, 8/13/2014 11:13:41 AM
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 1/20/2015
Item No. 3
Subject: Ordinance No. 12-2014; amending City Code Chapter 22, Community
Development, related to administrative extensions of Community Appearance Board
Approvals; amending City Code Chapter 110, Zoning, related to administrative
extensions of Site Plan approvals; providing for the repeal of prior inconsistent
ordinances and resolutions; incorporation into the Code; severability; and an effective
date, second reading.
Department: Community and Economic Development
Summary: This item is a continuation of the initiative started in December 2011, when
the City Council adopted Ordinance No. 13-2011 restructuring the City's development
approval process, certain City advisory boards and provided a Code of Conduct.
Ordinance No. 13-2011 resulted in a more intuitive and streamlined review process by
shortening timeframes and vesting additional approval authority in Staff. The revisions
mirrored recommendations developed by the Economic Development Commission
(EDC) of Florida's Space Coast as part of the S.N.A.P. initiative. S.N.A.P. is an
acronym for Simplified, Nimble, Accelerated, Permitting. During the S.N.A.P.
formulation, the EDC and local governments developed a best practices model for both
building and site permitting to streamline permitting processes throughout Brevard
County.
One of the specific recommendations implemented by Ordinance No. 13-2011 was to
place approval responsibility with the City Manager for extension requests related to site
plan approvals. However, the administrative approval authority is currently limited to a
one-time extension not to exceed six months. The extension can only be approved for
good cause and if there have been no changes in applicable regulations in the interim.
This previously required approval by the Planning & Zoning Board after a noticed public
hearing.
The City Council in January 2014, again, signaled its desire to streamline the
development approval process. With the passage of Ordinance No. 02-2014, the
Council authorized the City Manager to administratively approve extensions for variance
and special exception approvals for a period of up to 12 months. This previously had
required approval by the Board of Adjustment after a noticed public hearing.
Continuing the movement towards streamlining the development approval process and
to safeguard City resources, Ordinance No. 12-2014 (Attachment 1) has been prepared
to authorize the City Manager or designee to:
1. Administratively approve time extensions to Community Appearance Board
approvals. Extensions shall not exceed twelve months each and will remain
subject to previously imposed terms or conditions. Currently, the Community
Appearance Board is responsible for granting extensions after a noticed public
hearing; and
2. Administratively approve a time extension for site plan approvals. As indicated
above, the City Manager currently has the ability to approve a one-time extension
City Council Meeting Date: 01/20/2015
Item No.
Page 2 of 2
not to exceed six months. However, the current proposal would authorize the
City Manager or designee the ability to approve one or more time extensions of
site plan approval, for good cause shown, provided there have been no changes
to regulations since the date of final site plan approval. Extensions shall remain
subject to previously imposed terms or conditions and shall not exceed twelve
months each.
In summary, the proposed revisions continue the streamlining of the City's approval
process begun with the passage of Ordinance No. 13-2011. The proposed revisions
authorize the City Manager to extend Community Appearance Board approvals and to
extend site plan approvals. Currently, these approvals require action by the Community
Appearance Board and Planning & Zoning Board respectively.
At its August 27, 2014 meeting, the Planning & Zoning Board unanimously
recommended approval of the proposed Ordinance (Attachment 2). On November 19,
2014, the Community Appearance Board unanimously recommended approval of the
proposed Ordinance (Attachment 3).
In a letter dated August 27, 2014 (Attachment 4) the EDC of Florida's Space Coast
voiced their support of the proposed revisions.
On December 16, 2014, City Council approved this Ordinance at first reading, as
written. The Notice of Public Hearing was advertised in Florida Today on December 26,
2014.
Submitting Director: Todd Morley Date: 1/2/2015
Attachments:
#1 — Ordinance No. 12-2014
#2 — Planning & Zoning Board Action Form
#3 — Community Appearance Board Action Form
#4 — EDC of Florida's Space Coast Letter of Support
Financial Impact: Staff/City Attorney time to prepare the amended Ordinance and
Agenda item; cost of advertisements and codification into the City Code of rdinances.
Reviewed by Finance Director: John DeLeo Date: 1/5/15
The City Manager recommends that City Council take the following action:
Approve Ordinance No. 12-2014, second reading.
Approved by City Manager: David L. Greene Date: 1/5/15
Attachment 1
ORDINANCE NO. 12-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CITY CODE CHAPTER 22, COMMUNITY
DEVELOPMENT, RELATED TO ADMINISTRATIVE
EXTENSIONS OF COMMUNITY APPEARANCE BOARD
APPROVALS; AMENDING CITY CODE CHAPTER 110,
ZONING, RELATED TO ADMINISTRATIVE EXTENSIONS OF
SITE PLAN APPROVALS; 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 desires to improve the quality and efficiency of its development review
process in an effort to make it less costly and time consuming, and to support economic development in
the City; and
WHEREAS, in order to facilitate these improvements, the City desires to streamline its
development review process by modifying certain development review procedures as set forth herein;and
WHEREAS, the City Council desires to authorize the city manager or designee to grant justified
extensions of community appearance board approvals and additional site plan approvals; and
WHEREAS, the City Council believes that these modifications will expedite the processing of
extension requests and preserve the City's resources; 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. Code Amendment. Chapter 22, Community Development, and Chapter 110,
Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows
(underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a
deletion from this Ordinance of text existing in Chapter 22 or Chapter 110. It is intended that the text in
Chapter 22 or Chapter 110 that is denoted by the asterisks and set forth in this Ordinance shaII remain
unchanged from the language existing prior to adoption of this Ordinance):
City of Cape Canaveral
Ordinance 12-2014
Page 1 of 3
CHAPTER 22. COMMUNITY DEVELOPMENT
***
ARTICLE III. COMMUNITY APPEARANCE REVIEW
***
Sec. 22-43. Notice of approval or denial.
(a) Promptly after the community appearance board has rendered a decision on a particular
application, the board shall prepare and deliver to the applicant thereof a formal written notice which
indicates its decision on the application (approval, approval with conditions, denial). If the application is
approved with conditions, the notice shall contain a statement which clearly indicates the conditions. If
the application is denied, the notice shall contain a statement which indicates the rationale for denial.
(b) Approvals by the board shall be valid for a maximum of 12 months from the date the board
renders its approval at a public meeting. If the applicant fails to obtain a building permit within the 12-
month period, the board's approval shall expire at the end of the period. Upon written request of the
applicant, the city manager or designee may, at his or her sole discretion, grant a request for an additional
12-month period only if justifiable cause is demonstrated. Any extension granted by the city manager or
designee shall remain subject to all terms and conditions imposed as part of the board's original approval.
Notwithstanding the aforesaid, once a building permit is issued, the board approval shall be
valid for a time period equal to the permit and shall expire only if the building permit expires.
CHAPTER 110
***
ARTICLE VI. SITE PLANS
***
Sec.110-224. Expiration.
All site plans approved under this article shall expire 12 months after the date of final approval
unless the building permit for construction of the principal structure is issued. Upon written request, the
city manager or designee may authorize one or more extensions of time for additional periods not
exceeding twelve (12) months each, provided that the applicant demonstrates justifiable cause for the
extension and there have been no changes in any applicable city regulations since the date of final site
plan approval. Any such extension authorized by the city manager or designee shall remain subject to the
terms and conditions imposed as part of the final site plan approval.
City of Cape Canaveral
Ordinance 12-2014
Page 2 of 3
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or
modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be
corrected and additions, alterations, and omissions, not affecting the construction or meaning of this
ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
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 20th day of
January,2015.
ROCKY RANDELS,Mayor
For Against
ATTEST: John Bond
Bob Hoog
ANGELA APPERSON,City Clerk,MMC
Buzz Petsos
First Reading: December 16, 2014
Legal Ad published: December 26, 2014 Rocky Randels
Second Reading: January 20, 2015
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
Ordinance 12-2014
Page 3 of 3
Attachment 2
PLANNING & ZONING BOARD
BOARD ACTION FORM
P&Z Request No. 5
Date Request to be considered by the Board: 8-27-14
BOARD ACTION TAKEN:
X Approved as Submitted and Presented
Approved with the following condition(s):
Recommend to City Council Re: Ordinance to
amend City Code Chaper 22 and Chapter 110
related to administrative extensions of Community
Appearance Board and Site Plan Approvals.
Postponed for Additional Information
Denied for the following reason(s):
Note: Reference City Code Sections:22-43 (b), Expiration of Approval; 22-45,Appeal of the
Board's Decision
[signature]
Signature of Chairperson
[signature]
Printed name of Chairperson
Attachment 3
COMMUNITY APPEARANCE BOARD
BOARD DECISION OF REQUEST
C.A.B.Request No. 3 12-2014
Date Request to be considered by the Board: 11/19/2014
BOARD ACTION TAKEN:
X Approved as Submitted and Presented
Approved with the following condition(s):
Reccomendation to City Council Re: Ordinance
12.2014 to amend the Code of Ordinances to
Revise Section 22.43 to provide for streamlining of
development approvals
Postponed for Additional Information
Denied for the following reason(s):
Note: Reference City Code Sections:22-43 (b), Expiration of Approval;22-45,Appeal of the
Board's decision.
[signature]
Signature of Chairperson
[signature]
Printed name of Chairperson
Attachment 4
ECONOMIC DEVELOPMENT COMMSSION
OF FLORIDA'S SPACE COAST
August 27, 2014
Mr. David Greene
City Manager
City of Cape Canaveral
PO Box 326
Cape Canaveral, FL 32920
Dear Mr.Greene:
RE Support for Revisions to Ordinance No. 13-201 I
The Economic Development Commission of Florida's Space Coast (EDC)supports the revisions to
Ordinance No. 13-201 I allowing the extension of site plan approvals for 12 months on a recurring
basis.
This revision is consistent with the EDC's Simplified Nimble Accelerated Permitting Program
(S.NA.P) and its goal of streamlining the permitting process. This alteration will help to make
permitting a smoother more consistent process for the City of Cape Canaveral and further
demonstrate your commitment to creating a business friendly community.
We thank you for your support and participation in the ongoing S.NA.P. initiatives.
Please let me know if you have any questions.
Sincerely,
[signature]
Lynda Weatherman
President& CEO
597 Haverty Court,Suite 40
Rockledge,Florida 32955
Phone:(321)638.2000
Toll-Free:(800)535.0203
Fax:(321)633.4200
www.SpoceCoastEDC.org
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/20/2015
Item No. 4
Subject: Ordinance No. 01-2015; amending Chapter 102, Vegetation, of the Code of
Ordinances; amending Definitions and Permit Exceptions related to Hazardous Trees;
providing for the repeal of prior inconsistent ordinances and resolutions; incorporation
into the Code; severability; and an effective date, second reading.
Department: Community and Economic Development & Public Works Services
Summary: Section 102-40 of the City Code (Attachment 1) outlines permit criteria,
exemptions and standards of review related to removal of trees. Exemptions can be
accomplished without the application for/payment of permit fees.
On September 16, 2014, City Council authorized the removal of a Specimen Tree at
285 Monroe Ave. It was clarified that this tree removal activity triggered a requirement
for mitigation at a two-for-one ratio. The Applicant indicated that the Tree was causing
damage to their structure and that they would mitigate (Attachment 2). Additionally, the
Applicant requested Staff assistance to further explain the mitigation requirements and
received the following information:
The Specimen Tree measures 36" dbh (diameter at breast height). The City Code offers
the following options:
1. Plant 72 inches of trees (on-site or off-site as approved). For example, 36 trees,
each 2 inches in diameter; or 24 trees, each 3 inches in diameter, and so on.
2. Submit a payment to the "Tree Bank" in accordance with Sec. 102-54, Table 1.
Note: for trees greater than 24" dbh, refer to the Schedule of Fees in Appendix B
($50 per inch).
3. A combination of the two.
This case highlighted two shortcomings of the current process for tree removal:
• By requiring mitigation for all protected trees removed, the Code does not
consider that a protected tree may present an imminent threat to persons or
property (i.e. hazardous). The mitigation requirement can be viewed as
burdensome, especially in the case where a property owner would not otherwise
wish to remove the protected tree, but must do so in order to address an
imminent threat to persons or property.
• The removal of a Hazardous Tree may be time-sensitive.
With input from the City Arborist, it has been determined:
1. A tree which is declared Hazardous by the City Arborist should be included in the list
of permit exceptions [Sec. 102-40(b)]. This Section exempts several categories of
trees, including dead, damaged and invasive trees.
2. A remedy should not be reliant upon potentially lengthy procedures.
3. If a Specimen Tree is found to be Hazardous, it should not require City Council
approval to remove.
City Council Meeting Date: 1/20/15
Item No. 4
Page 2 of 2
The attached Ordinance (Attachment 3) revises the current Code by including a
definition of Hazardous Tree; exempting such trees from the definition of Specimen
Tree; and expands the list of exempted trees to include Hazardous Trees.
On December 16, 2014, City Council approved this Ordinance at first reading, as
written. The Notice of Public Hearing was advertised in Florida Today on December 26,
2014.
Submitting Department Directors: Todd Morley & Jeff Ratliff Date: 1/2/2015
Attachments:
#1 — Section 102-40 of the City Code of Ordinances.
#2 — Photo of tree at 285 Monroe Avenue.
#3 — Ordinance No. 01-2015.
Financial Impact: Staff time and effort to prepare this Agenda Item; costs of advertising
and codification.
Reviewed by Finance Director: John DeLeo Date: 1/5/15
The City Manager recommends that City Council to take the following action:
Adopt Ordinance No. 01-2015, second reading.
Approved by City Manager: David L. Greene Date: 1/5/15
Cape Canaveral, FL Code of Ordinances Page 1 of 3
Attachment 1
Sec. 102-40. - Permit criteria; exemptions; standards of review.
(a) Permitted criteria. Upon receipt of a completed application and verification by the building official,
the building official may, after applying the standards of review set forth in subsection (c), issue a
land clearing permit under any one of the following conditions:
(1) For building and construction sites, as shown on city-approved site plans, provided trees and
landscaping are installed on the property in accordance with section 102-43 of this division.
(2) The trunk of the tree is located closer than five feet to the foundation of an existing or
proposed structure, and it is not feasible to relocate the structure, provided trees and
landscaping are installed on the property in accordance with section 102-43 of this division.
(3) The trunk of the tree is located closer than ten feet from the foundation of an existing or
proposed structure and the tree is considered having an aggressive root system or the natural
mature height is greater than 30 feet and it is not feasible to relocate the structure, provided
trees and landscaping are installed on the property in accordance with section 102-43 of this
division.
(4) Trees severely diseased, severely injured or dead.
(5) Trees that interfere with the construction or repair of public infrastructure and facilities.
(6) Undesirable trees, per section 102-53 of this division.
(7) Trees that have been approved for removal by the building official and which shall be
replaced elsewhere on the property.
(b) Permit exceptions.The following tree removal activities are exempt from the permit requirements
of this division:
(1) Trees removed by the city or other governmental agency and which interfere with the safety
of the motoring public or disrupt public utilities such as power lines, drainage systems and
other public utilities.
(2) All trees and plants, within a licensed tree nursery, planted for harvest provided said trees and
plants are planted and growing on the premises of the licensee and are for sale or intended
for sale in their ordinary course of business.
(3) The emergency removal of a dead or seriously damaged tree, to mitigate an imminent threat
to the health, safety, and welfare of the property owner or the general public. Prior to any
emergency removal, the property owner shall be required to document the immediate threat
requiring emergency removal with the following:
a. Photograph(s)of the tree(s), including any areas that may be damaged, diseased or
infested;
b. Approximate measurements of the tree height, spread, and DBH; and
c. Distance to structure(s) or other immovable,threatened target(s) if felled.
(4) Land clearing and tree removal activities authorized and preempted by state or federal law.
(5)
about:blank 12/8/2014
Cape Canaveral. FL Code of Ordinances Page 2of3
Trees planted specifically for silvicultural purposes provided the property owner can provide
documentation to the city evidencing that: (i)the property is requested as a silvicultural site
with the division of forestry; and (ii)trees of typical harvestable size and type exist on the
property which are capable of being harvested for income and that the property has, or
intends to, generate income from the harvested trees.
(6) The removal of any plant or tree that is an invasive or undesirable species as set forth in
section 102-53
(7) The removal of vegetation that has been ordered by the city.
(0) Land clearing and tree removal on parcels containing an existing residential single-family
dwelling unit or duplex or triplex that have been issued a certificate of occupancy.These
parcels shall remain subject to the provisions of sections 102-41 and 102-45
(9) Any parcel subject to a city development order authorizing the construction of a new
residential single-family dwelling unit, duplex or triplex, or a subdivision with three or less
single-family dwelling units.These parcels shall remain subject to the provisions of sections
102-41 and 102-45
(10) Land clearing and tree removal on undeveloped parcels in the R-1. R-2 and R-3 zoning
districts that are less than 10,000 square feet.These parcels shall remain subject to the
provisions of sections 102-41 and 102-45
(c) Permitted standards of review.When making decisions under this division, the city shall be guided
by the following standard of review guidelines:
(1) Necessity to remove trees which pose a clear and obvious safety hazard to pedestrian or
vehicular traffic or threaten to cause disruption to public services or a significant obstacle to
accessing and utilizing public easements and rights-of-way.
(2) Necessity to remove trees which pose a clear and obvious safety hazard to buildings and
other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavernent,
sidewalks, and nonoccupied structures that are typically caused by settling and small roots
shall not be considered a safety hazard.
(3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or
trees with severe structural defects that pose a clear and obvious safety hazard to people,
buildings or other improvements on lot or parcel of land.
(4) The extent to which tree removal is likely to result in damage to the property of other owners,
public or private, including damage to lakes, ponds, streams, or rivers through runoff or
erosion.
(5) Any proposed landscaping including plans whereby the applicant has planted or will plant
trees to replace those that are proposed to be cleared.
(6) Topography of the land and the effect of tree removal on erosion, soil retention and the
diversion or increased flow of surface water.
(7) Good forestry practices, such as the number of healthy trees that a given parcel of land will
reasonably support and the proven techniques that sustain healthy trees.
(0) Necessity to remove trees in order to construct approved and permitted improvements to
allow reasonable economic enjoyment of the property, including:
a. Need for access around the proposed structure for construction equipment(maximum of
ten feet).
about:blank 12/8/2014
Cape Canaveral, FL Code of Ordinances Page 3of3
b. Need for access to the building site for construction equipment.
c. Essential grade changes.
d. Need for locating street or road rights-of-way, utilities, drainage ways, as well as the need
to provide reasonable use and property access.
(9) The extent of any damage or demonstrated hardship which would result to the applicant from
a denial of the requested permit.
(10) The species and size of the trees proposed for removal.
(11) The following factors shall also beconsidered:
a. Trees forming the current canopy.
b. Preservation of the next generation of trees.
(Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 12-2009, § 2, 1-5-10
about:blank 12/8/2014
Specimen Tree located at 285 Monroe Ave. Attachment 2
[picture]
SHOWS THE PROXIMITY OF THE BASE
OF THE TREE TO THE STRUCTURE
[picture]
SHOWS A PORTION OF THE TREE OVER
THE STRUCTURE.
Attachment 3
ORDINANCE NO. 01-2015
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 102, VEGETATION, OF THE
CODE OF ORDINANCES; AMENDING DEFINITIONS AND
PERMIT EXCEPTIONS RELATED TO HAZARDOUS TREES;
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;
WHEREAS, the Florida Constitution, Article II, Section 7, provides "it shall be the policy of the
State to conserve and protect natural resources and scenic beauty;" and
WHEREAS, the City Council is committed to preserving, enhancing, and creating green area
within the City and by assuring the preservation of existing trees on public and private property and
taking steps to require maintenance of existing and installation of new trees within the City; and
WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution by
removing particles such as dust and pollen, increase oxygen production, slow surface water run off,
reduce soil erosion,provide food, nesting and protection for wildlife, enhance scenic beauty, and provide
other environmental benefits; and
WHEREAS, the City Council desires to continue to protect trees, but to define and create an
exception for healthy trees that pose an imminent safety hazard to citizens and/or property; 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 Chapter 102, Article II. Chapter 102, Article II, Tree Protection, of the Code
of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates
additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this
Ordinance of text existing in Chapter 102, Article II. It is intended that the text in Chapter 102, Article II
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
Chapter 102 Vegetation
* * *
City of Cape Canaveral
Ordinance No. 01-2015
Page 1 of 3
Article II. Tree Protection
* * *
DIVISION 2.-LAND CLEARING
Sec. 102-36.-Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section,except where the context clearly indicates a different meaning:
Hazardous tree means a tree existing on a developed parcel of land, where such parcel is not a
redevelopment site, that is not dead or diseased, but due to its shape, location or growth pattern, which
cannot be corrected by pruning, may cause or reasonably be expected to cause imminent damage to
persons or property and/or presents an imminent potential threat to the health, safety, and welfare of the
general public,as determined by the city arborist.
* * *
Specimen tree means a tree having a caliper of 24 inches or more in diameter. Specimen trees
shall not include undesirable, dead, hazardous or diseased trees, or trees that are structurally unsound and
cannot recover from pruning.
* * *
Sec. 102-40.-Permit criteria; exemptions; standards of review.
* * *
(b) Permit exceptions. The following tree removal activities are exempt from the permit
requirements of this division:
* * *
(3) The emergency removal of a dead, hazardous or seriously damaged tree, to mitigate an
imminent threat to the health, safety, and welfare of the property owner or the general public.
Prior to any emergency removal, the property owner shall be required to document the immediate
threat requiring emergency removal with the following:
* * *
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
City of Cape Canaveral
Ordinance No. 01-2015
Page 2 of 3
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 20th day of
January,2015.
ROCKY RANDELS,Mayor
For Against
ATTEST: John Bond
Bob Hoog
ANGELA APPERSON,City Clerk,MMC Buzz Petsos
Rocky Randels
Betty Walsh
First Reading: December 16,2014
Legal Ad published: December 26,2014
Second Reading: January 20,2015
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A.GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No. 01-2015
Page 3 of 3
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 01/20/2015
Item No. 5
Subject: Ordinance No. 02-2015; amending Chapter 22, Community Development, of
the Code of Ordinances; amending the duties of the Business and Economic
Development Board; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code, severability; and an effective date, second
reading.
Department: Administrative Services
Summary: When the Business and Economic Development Board (the Board) was
created, it was given responsibilities which, among many other, include making
recommendations regarding City Land Development and Zoning Codes and Plans such
as:
• Make recommendations to the City related to the implementation of the
Redevelopment Plan, the Community Visioning and the Economic Development
Action Plan.
• Undertake Code revisions that remove barriers to development for desired
businesses, creation of development incentives such as a community
redevelopment agency and brownfields redevelopment program, creation of
mixed use land use and zoning districts and revisions to current zoning districts
for desired types of development.
The City submitted the Board Members' names to the Florida Commission on Ethics, as
we believed the Members were required to file a Financial Disclosure form (Form 1).
Shirley Taylor, the Program Administrator, advised Board Members need not file based
upon the Ordinance's use of the words "making recommendations".
City Attorney Anthony Garganese advises, given the scope and duties of the Board and
the manner in which the Board could possibly make recommendations directly to the
City Council and Staff on planning and zoning matters, it is uncertain whether the Board
would be required to file a Financial Disclosure form (Form 1) or whether it falls within
the filing exception of a citizen advisory committee.
To clarify the matter, Ordinance No. 02-2015 (Attachment 1) was created to revise the
duties of the Business and Economic Development Board to ensure they are
considered a citizen advisory committee and not required to file a Financial Disclosure.
The Board Members were notified of the proposed changes in duties via Attachment 2.
On December 16, 2014, City Council approved this Ordinance at first reading, as
written. The Notice of Public Hearing was advertised in Florida Today on December 26,
2014.
Submitting Department Directors: Angela Apperson Date: 1/5/15
Todd Morley Date: 1/5/15
City Council Meeting
Date: 01/20/2015
Item No.
Page 2 of 2
Attachments:
#1 - Ordinance No. 02-2015
#2 - Memo regarding Board Duties
Financial Impact: Staff/Attorney time to prepare Agenda item, cost to advertise and
codify the Ordinance.
Reviewed by Finance Director: John DeLeo Date: 1/6/15
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 02-2015 on second reading.
Approved by City Manager: David L. Greene Date:
Attachment 1
ORDINANCE NO. 02-2015
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 22, COMMUNITY
DEVELOPMENT, OF THE CODE OF ORDINANCES;
AMENDING THE DUTIES OF THE BUSINESS AND
ECONOMIC DEVELOPMENT BOARD; 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;
WHEREAS, the City Council desires to modify and update the scope of duties
expressly assigned to the Business and Economic Development Board pursuant to City Code;
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 Chapter 22, Article II. Chapter 22, Article II, Community
Development, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as
follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks
(***) indicate a deletion from this Ordinance of text existing in Chapter 22, Article II. It is
intended that the text in Chapter 22, Article II denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
Chapter 22 Community Development
Article II. Business and Economic Development Board
* * *
Sec. 22-33.- Purpose and duties.
The business and economic development board shall serve as a citizen advisory committee
and have the purposes and duties to:
City of Cape Canaveral
Ordinance No. 02-2015
Page 1 of 4
(1) Provide recommendations to the city related to the implementation of economic
and business development policies established by city.
(2) Confer with and advise the city on all matters concerning the development of
commerce. The board shall encourage high value business investment and job
creation in the city and advise the city on actions to undertake in accomplishing
this goal. Actions may include identifying barriers
to economic development for desired businesses and creation of economic
incentives.
(3) As may be requested, act as liaison for the city in the area of public relations
with the following:
a. Cocoa Beach Regional Chamber of Commerce.
b. Canaveral Port Authority.
c. Economic Development Commission of Florida's Space Coast.
d. Other similar organizations or agencies which, in the opinion of the
business and economic development board, would be appropriate for
such liaison.
(4) Determine from existing commercial enterprises in the city and interested
outside entities contemplating locating in the city the appropriate and necessary
action the city should take to enhance and encourage the further development
of the city's commerce and coordinate with and advise pertinent officials and
boards in the city as to the implementation of this action.
(5) Advise the city of the advent of any new commercial activity, i.e., new
businesses, significant change in existing businesses, etc., in the city's
commerce in order that timely and appropriate recognition by the city can be
effected.
(6) Cooperate with all community groups, which are dedicated to orderly
commercial expansion of the city and furnish them with aid and advice as is
deemed appropriate.
City of Cape Canaveral
Ordinance No. 02-2015
Page 2 of 4
(7) Generally, encourage in any manner the development of business, commerce,
industry and tourism in the city.
(8) Investigate sources of financial assistance available to the city from the
governmental or private sector and assist the city in properly applying and
promoting the successful acquisition of the assistance. For the purpose of this
article, financial assistance may be in the form of grants, low interest loans or
physical property, including that of real or personal nature. Activity in the
private sector will be limited to established foundations.
(9) Review and consider the merits of applications for economic development ad
valorem tax exemptions; make recommendations to the city council as to
whether or not to grant the exemption, and if the exemption is granted, the
percentage of the exemption and period of time for the exemption; make
recommendations related to additional incentives, including, but not limited to
development fee waivers and financial contributions.
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.
[Adoption Page Follows]
City of Cape Canaveral
Ordinance No. 02-2015
Page 3 of 4
• I OPTED by the City Council of the City of Cape Canaveral, Florida this 20th day of
January, 2015.
ROCKY RANDELS,Mayor
ATTEST:
For Against
John Bond
ANGELA APPERSON,City Clerk,MMC Bob Hoog
Buzz Petsos
First Reading: December 16, 2014
Legal Ad published: December 26, 2014 Rocky Randels
Second Reading: January 20, 2015
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
Ordinance No. 02-2015
Page 4 of 4
Attachment 2
110 Polk Avenue, Cape Canavereal, FL 32920
P.O. Box 326 Community and
321-868-1222 Economic Development
321-868-1247
Memo
TO: Business and Economic Development Board Members
FROM: Todd Morley, Community and Economic Development Director
DATE: 12/8/14
RE: Board Duties
The purpose/duties of the Business and Economic Development Board are outlined in
Section 22-33 of the City Code of Ordinances and include, among many others, making
recommendations regarding City land Development and Zoning Codes and Plans. The City
submitted the Board Members names to the Florida Commission on Ethics, as we believed the
Members were required to file a Financial Disclosure from (Form 1). Shirley Taylor, the
Program Administrator, advised Board Members need not file based upon the Ordinance's use
of the words "making recommendations".
However, City Attorney Garganese advises, given the scope/duties of the Board and
the manner in which the Board could possible make recommendations directly to the City
Council and Staff on planning and zoning matters, it is uncertain whether then Board would be
required to file a Financial Disclosure form (Form 1) or whether it falls within the filing
exception of a citizen advisory committee.
The State has indicated if the City would like the clarify the matter, we must either adopy an
Ordinance requiring Business and Economic Development Board Members file an annual
Form 1 or amend the duties of the Board to clearly state Members serve as a Citizen Advisory Committee.
Being mindful of citizen/business person's privacy and recognizing that Member time is
valuable and could be ebtter spent not completing these forms, City Staff is recommending the
City Council amend the duties of the Board to clarify service as an Advisory Board. A copy of
the proposed Ordinance is attached for your information.
Please contact me with any questions. Thank you.
Attachment
cc: Honorable Mayor and Members of City Council
Anthony Garganese, City Attorney
Kim Kopp, Assistant City Attorney
David L. Greene, City Manager
Dave Dickey, Planning & Zoning Director
Angela Apperson, Administrative Services Director
PDF processed with CutePDF evaluation edition www.CutePDF.com
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 01/20/2015
Item No. 6
Subject: Ordinance No. 03-2015; amending the Solid Waste Agreement between the
City and Waste Pro of Florida, Inc., pursuant to Section 2.12 of the City Charter, to
provide for annual payments to the City in lieu of a performance bond or letter of credit
for the initial five-year term; providing for repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability, and an effective date, first reading.
Department: Financial Services
Summary: On October 16, 2014, the City Council adopted Ordinance No. 13-2014,
which revised the Solid Waste Franchise Agreement with Waste Pro of Florida Inc.
Article 12.0 Performance Bond Alternatives (Attachment 1) outlines several ways the
City allows the Contractor to post a Performance Bond. Section 12.3 Reduction of
Bond/Letter of Credit allows the Contractor to request a reduction or elimination of the
Bond/Letter of Credit.
On November 17, 2014, at the request of the City, Waste Pro provided a Financial
Stability Statement (Attachment 2) which provides proof of its Financial strength and
supports a low risk to the City.
On December 15, 2014, Waste Pro provided written application (Attachment 3) in
accordance with Ordinance No. 13-2014, Solid Waste Agreement, and Section 12.3
Reduction of Bond/Letter of Credit requesting a reduction or elimination of the Bond
requirement for the term of the Agreement.
Currently, Waste Pro pays one percent (1%) or $5,000 for the $500,000 Performance
Bond required by Contract. With approval to eliminate the Bond requirement, Waste Pro
has agreed to pay the City 50% of its Bond Premium cost for the term of the Agreement.
This translates into $2,500 for each year, of the current 5 year Contract, totaling
$12,500 in additional revenue.
Approving Ordinance No. 03-2015 (Attachment 4) would be monetarily advantageous to
the City.
Submitting Department Director: John DeLeo Date: 1/7/15
Attachments:
1 — Excerpt from Ordinance No. 13-2014
2 — Financial Stability Statement
3 —Written Reduction of Bond Application
4 — Ordinance No. 03-2015
Financial Impact: $2,500 for each year, of the current 5 year Contract, totals $12,500
in additional revenue. Staff and City Attorney time to prepare Agenda Item/Ordinance;
cost of advertisement and codification of the Ordinance.
Reviewed by Finance Director: John DeLeo Date: 1/7/15
City Council Meeting
Date: 01/20/2015
Item No.
Page 2 of 2
The City Manager recommends that City Council take the following action:
Approve Ordinance No. 03-2015 on first reading.
Approved by City Manager: David L. Greene Date: 1/7/15
Attachment 1
Attachment "A"to Ordinance No. 13-2014
unacceptable and Contractor shall be given a reasonable period of time,
as determined by the Authorized Representative, to bring its level of
performance up to levels acceptable to the Authorized Representative.
B. At the City Manager's discretion, the Evaluation, the aforesaid
explanation, and other relevant documents shall be delivered to the City
Council for consideration at a public meeting. At the meeting, the
Authorized Representative and Contractor shall have the opportunity to
explain their positions and the City Council shall then determine whether
this Franchise should continue under conditions determined by the City
Council or be terminated, without penalty, pursuant to paragraph 14.1(H)
herein.
10.0 Authorized Representative's Interpretation and Decision. Any dispute between the
City and Contractor, which cannot be disposed of by mutual consent between the parties
within a reasonable period of time ("Impasse"), shall be ultimately decided by the
Authorized Representative. At such time the Authorized Representative declares an
Impasse, he shall have thirty (30) days to decide the Impasse issue, unless additional
time is reasonably needed. All such decisions shall be reduced to writing by the
Authorized Representative and delivered to Contractor within three (3) business days of
said decision. All such written decisions shall contain a sufficient explanation, as may
be deemed necessary by the Authorized Representative, to explain the decision. The
decision shall be final and binding on both parties unless appealed to the City Manager.
Within three (3) business days of the Authorized Representative's decision, Contractor
may appeal said decision to the City Manager who will hear and decide the appeal The
City Manager's decision shall be binding and final. Failure to file an appeal within said
time period shall result in a waiver of the right to appeal. Pending the decision,
Contractor shall proceed diligently with the performance of the collection and disposal
services in accordance with this Agreement and any preliminary directions of the
Authorized Representative.
11.0 Other City Permits. For collection and disposal services not exclusively provided by
Contractor under this Agreement, Contractor shall obtain all permits required by City
Code to provide said services.
12.0 Performance Bond Alternatives.
12.1 Performance Bond. The Contractor shall obtain and maintain during the entire
term of this Agreement and any extensions and renewals thereof, at its cost and
expense, and file with the City a corporate surety bond in the amount of Five
Hundred Thousand Dollars ($500,000.00) to guarantee faithful performance by
the Contractor of all of its obligations required under this Agreement and the
City Code (hereinafter referred to as 'Bond" or "Performance Bond"). Such
bond must be issued by a surety with an A- or higher rating. Alternatively, the
Contractor shall obtain and continuously maintain an unexpired Irrevocable
Letter of Credit, which shall at all times be in the possession of the City. The
Solid Waste Agreement
City of Cape Canaveral/Waste Pro of Florida, Inc.
Page 26 of 44
Attachment "A"to Ordinance No. 13-2014
form and contents of such performance bond or letter of credit shall be
acceptable to the City. The Letter of Credit or Performance Bond shall be
released only upon expiration of the Agreement or upon replacement by a
successor Contractor.
12.2 Conditions. The performance bond or letter of credit shall be issued upon the
following conditions:
A. The performance bond shall be issued by a surety approved by City and
licensed and authorized to do business as a surety in the State of Florida
and has an A- or higher rating The irrevocable letter of credit shall be
issued by a bank or savings and loan association acceptable to the City,
authorized to do business in this State by either the State of Florida
Comptroller or the United States government. The letter of credit shall
name the City as the beneficiary.
B. There shall be recoverable by the City jointly and severally from the
principal and surety or the financial institution that has issued the letter
of credit, any and all fines and liquidated damages due the City and any
and all damages, losses, costs, and expenses suffered or incurred by the
City resulting from the failure of the Contractor to: faithfully comply
with the provisions of the City Code and this Agreement;comply with all
orders, permits and directives of any City agency or body having
jurisdiction over its acts or defaults; pay any claims, liens, fees, or taxes
due the City which arise by reason of the collection and disposal services
provided under this Agreement. Such losses, costs and expenses shall
include, but not be limited to attorney's fees and other associated
expenses.
C The total amount of the bond or letter of credit shall be forfeited as a
liquidated damage paid to the City in the event:
1. Contractor abandons, or cancels with less than one hundred-
eighty (180) days written notice to City, its obligations and
responsibilities to perform the collection and disposal services
required under this Franchise, prior to the expiration of the term
of the Agreement.
2. Contractor assigns this Agreement without the express written
consent of the City.
3. This Agreement is terminated by reason of the default of the
Contractor.
Solid Waste Agreement
City of Cape Canaveral/Waste Pro of Florida, Inc.
Page 27 of 44
Attachment "A"to Ordinance No. 13-2014
12.3 Reduction of Bond/Letter of Credit. Upon written application by the
Contractor, the City may at its sole option, permit the amount of the bond or
letter of credit to be reduced for the term of this Agreement or periods of time,
when it is determined by the City to be in the public interest. Upon written
application by the Contractor, the City may, at its sole option, permit the terms
of the requirements of the performance bond/letter of credit to be altered for the
term of this Agreement or periods of time, when it is determined by the City to
be in the public interest.
12.4 Use of Bond and Letter of Credit. Prior to drawing upon the letter of credit or
the bond for the purposes described in this section, the City shall notify
Contractor in writing that payment is due, and the Franchisee shall have thirty
(30) days from the receipt of such written notice to make payment. If the
Contractor does not make the payment within thirty (30) days or demonstrate
reasons acceptable to the City why such action should not be taken, the City may
withdraw the amount thereof, with interest and penalties, from the letter of credit
or the bond. Within three (3) business days of a withdrawal from the letter of
credit or bond, the City shall send to the Contractor, by certified mail, return
receipt requested, written notification of the amount, date and purpose of such
withdrawal.
12.5 Replenishment of Letter of Credit and Performance Bond. No later than
thirty(30) days, after mailing to the Contractor by certified mail notification of a
withdrawal pursuant to paragraph 12.4 above, the Contractor shall replenish the
letter of credit and/or performance bond in an amount equal to the amount so
withdrawn. Failure to make timely replenishment of such amount to the letter of
credit and/or performance bond shall constitute a failure of the Contractor to
faithfully comply with the provisions of this Agreement.
12.6 Non-renewal, Alteration, or Cancellation of Letter of Credit or
Performance Bond. The performance bond and letter of credit required herein
shall be in a form satisfactory to the City which approval shall not be
unreasonably withheld and shall require thirty (30) days written notice of any
non-renewal, alteration or cancellation to both the City and the Contractor. The
Contractor shall, in the event of any such cancellation, alteration, or non-renewal
notice, obtain, pay all premiums for, and file with the City, written evidence of
the issuance of replacement bond or policies within thirty (30) days following
receipt by the City or the Contractor of any notice of cancellation, alteration, or
non-renewal.
12.7 Inflation. At the sole discretion of the City, to offset the effects of inflation, the
amount of the bond or letter of credit provided for herein is subject to annual
increases at the end of every year provided the amount of the bond or letter of
credit shall not exceed fifty percent (50%) of the total amount paid Contractor by
City pursuant to paragraph 5.0 for the year previous to the increase.
Solid Waste Agreement
City of Cape Canaveral/Waste Pro of Florida, Inc.
Page 28 of 44
Attachment"A"to Ordinance No. 13-2014
12.8 Default. The performance bond and letter of credit provided pursuant to this
section shall become the property of the City in the event that this Agreement is
canceled or terminated by reason of default by the Contractor.
12.9 Right to Require Replacement of Bonds or Letter of Credit. If the City
becomes aware of the financial condition of any bonding or financial institution
issuing a performance bond or letter of credit as required herein and said
financial condition is reasonably deemed by the City to jeopardize the collateral
posted with the City, the City may require such bond or letter of credit be
replaced with such other bond or letter of credit consistent with the requirements
set forth in this section.
13.0 Transfer of Ownership or Control.
13.1 Transfer of Franchise. This Agreement shall not be sold, transferred, leased,
assigned or disposed of including, but not limited to, by forced or voluntary sale,
merger, consolidation, receivership or other means without the prior written
consent of the City, and then only under such reasonable conditions as the City
may establish which may include, but not be limited to, financial guarantees to
the collection and disposal services.
13.2 Transfer Threshold. The Contractor shall promptly notify the City of any
actual or proposed change in, or transfer of, or acquisition by any other party of
control of the Contractor.
13.3 City Approval. Every transfer shall make this Agreement subject to cancellation
unless and until the City shall have consented thereto in writing. For the purpose
of determining whether it may consent to such transfer,the City may inquire into
the legal, financial, character, technical, and other public interest qualifications
of the prospective transferee or controlling party, and the Contractor shall assist
the City in obtaining all required information. Failure to provide all reasonable
information requested by the City as part of said inquiry shall be grounds for
denial of the proposed transfer.
13.4 Signatory Requirement. Any approval by the City of transfer of ownership
shall be contingent upon the prospective assignee becoming a signatory to this
Agreement.
13.5 Administrative Fee. Upon approval of the transfer of ownership an
administrative fee of$25,000.00 shall be paid to the City.
14.0 Forfeiture or Termination.
14.1 Grounds for Revocation. The City reserves the right to terminate this
Agreement, without penalty, and rescind all rights and privileges associated with
Solid Waste Agreement
City of Cape Canaveral/Waste Pro of Florida, Inc.
Page 29 of 44
Attachment 2
2101 West SR 434 Longwood, FL 32779
WASTEPRO T (407) 869-8800
Caring for our Our Communities F (407) 869-8884
November 17, 2014
John C. DeLeo
Finance Director
Financial Services Department
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
RE: Financial Stability
Dear Mr. DeLeo,
Waste Pro of Florida, Inc. is a financially stable company that has assets in excess of
$252 million and generated over $50 million in cash flows from operations in 2013. We
have operated profitably since 2006 are profitable thus far in 2014. We have
approximately $45 million of borrowing availability, with an additional capacity of $16
million, through our $179 million senior ABL credit facility, led by Wells Fargo. All of
our debts are paid currently and I see no circumstances that would change that
situation.
We have the financial resources to honor all aspects of the requirements of your
municipality. We are not currently nor have we ever been involved in any bankruptcy
proceedings. Should you have any questions regarding these matters, please feel free to
contact me.
Sincerely,
[signature]
Cort Sabina
Vice President & Chief Financial Officer
Waste Pro of Florida, Inc.
www.wasteprousa.com
Attachment 3
Waste Pro
Caring For Our Communities
December 15, 2014
City Manager, David L. Greene
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida, 329820
Subject: Reduction of Bond
Dear Mr. Greene,
In accordance with Attachment "A" to Ordinance No. 13-2004, Solid Waste
Agreement, Section 12.3 Reduction of Bond/Letter of Credit, Waste Pro of Florida, Inc.,
respectfully requests consideration of a bond reduction or elimination of bond
requirements to stated agreement.
Waste Pro is a financially sound and secure corporation and any reduction or
elimination would be in the best interest of Waste Pro and the City of Cape Canaveral.
Waste Pro pays one percent (1%) for bonds and is willing to share any cost savings
50/50 with the City of Cape Canaveral.
Waste Pro thanks you for your consideration of this request and looks forward to
continuation of a strong partnership in providing services to the constituents of the City
of Cape Canaveral.
Sincerely,
[signature]
Dan Robson
Division Manager
Waste Pro of Florida, Inc.
321-837-0055
699 S Range Rd Cocoa,Fl 37926 T 321-837-0055 F 321-639-8968 www.wasteprousa.com
Attachment 4
ORDINANCE NO.03-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING THE
SOLID WASTE AGREEMENT BETWEEN THE CITY AND
WASTE PRO OF FLORIDA, INC., PURSUANT TO SECTION
2.12 OF THE CITY CHARTER, TO PROVIDE FOR ANNUAL
PAYMENTS TO THE CITY IN LIEU OF A PERFORMANCE
BOND OR LETTER OF CREDIT FOR THE INITIAL FIVE-
YEAR TERM; PROVIDING FOR 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, Sections 2.12(3) and 2.12(8) of the City Charter respectively require that the
City Council approve all franchise agreements and amendments thereto by Ordinance; and
WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment,
personnel,and experience to properly collect and dispose of solid waste; and
WHEREAS, Resolution 2009-24, adopted on August 4, 2009 awarded a franchise to
Waste Pro of Florida, Inc. and included two five (5)year renewal options; and
WHEREAS, on July 19, 2011, the City and Waste Pro mutually agreed to amend the
Franchise Agreement to streamline/simplify billing for Commercial customers to include the
billing for the wheels and lock bars services provided by Waste Pro; and
WHEREAS, on October 21, 2014, the City Council adopted Ordinance No. 13-2014, which
adopted a revised Solid Waste Agreement with Waste Pro; and
WHEREAS, the City Council desires to amend the Solid Waste Agreement to accept certain
payments from Waste Pro in lieu of requiring a performance bond or irrevocable letter of credit pursuant
to all of the terms and conditions set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of the City
of Cape Canaveral and its resident businesses and other entities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL,BREVARD COUNTY, FLORIDA, HEREBY ORDAINS AS FOLLOWS:
Section 1, Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Ordinance.
City of Cape Canaveral
Ordinance No.03-2015
Page 1 of 3
Section Z. Amendment of Solid Waste Franchise Agreement. Attachment "A- to Ordinance
13-2014, the Solid Waste Agreement between the City of Cape Canaveral, Florida and Waste Pro of
Florida, Inc.,is hereby amended as follows (underlined type indicates additions and strikeout type indicates
deletions, while asterisks (***) indicated a deletion from this Ordinance of text existing in the Agreement.
It is intended that the text in the Agreement denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
Attachment"A"to Ordinance No. 13-2014
Solid Waste Agreement
***
12.3 Waiver or Reduction of Bond/Letter of Credit.
A. Waiver of Bond/Letter of Credit for Initial Five Year Term. The
Contractor shall not be required to obtain a Performance Bond or
Irrevocable Letter of Credit for the initial five-year term of this
Agreement, as otherwise required by Paragraph 12.0 herein, provided
that the Contractor submits annual payments to the City of Two-
Thousand, Five-Hundred and No/00 Dollars ($2,500.00) prior to January
31st of each year of the initial five-year term, beginning in January,
2015. In the event that the Contractor fails to timely submit such
payments to the City, a Performance Bond or Irrevocable Letter of Credit
shall be required as otherwise set forth herein.
B. Additional Waivers or Reductions of Bond/Letter of Credit. Upon
written application by the Contractor, the City may, at its sole option,
permit the amount of the bond or letter of credit to be reduced for the a
renewal term of this Agreement or additional periods of time, when it is
determined by the City's City Council to be in the public interest. Upon
written application by the Contractor, the City may, at its sole option,
permit the terms of the requirements of the performance bond/letter of
credit to be altered for the a renewal term of this Agreement or additional
periods of time, when it is determined by the City Council to be in the
public interest.
***
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are
hereby repealed to the extent of the conflict.
Section 4. Incorporation of Amendment to Agreement Into Code. The amendment to the
Solid Waste Agreement shall be incorporated into the Cape Canaveral City Code and any section or
paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate
the foregoing. Grammatical, typographical, and like errors may be corrected and additions,
City of Cape Canaveral
Ordinance No.03-2015
Page 2 of 3
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 portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This 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
, 2015.
Rocky Randels,Mayor
ATTEST:
Name For Against
Angela Apperson,MMC, John Bond
City Clerk
Robert 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
First Reading: , 2015
Legal Ad Published: , 2015
Second Reading: , 2015
City of Cape Canaveral
Ordinance No.03-2015
Page 3 of 3