HomeMy WebLinkAboutAgenda Packet 02-17-2015CAPE 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 PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
February 17, 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. — 6:40 p.m.
Proclamation designating March 2015 as "Irish American Heritage Month".
Space Coast Transportation Planning Organization update provided by Communications
Specialist Katrina Morrell.
Presentation by Stephanie Darden, President of Prismatic, Inc.
CONSENT AGENDA:
6:40 p.m. — 6:45 p.m.
1. Approve Minutes for Regular City Council Meeting of January 20, 2015.
PUBLIC HEARING:
6:45 p.m. — 7:00 p.m.
2. 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, second reading.
City of Cape Canaveral, Florida
City Council Meeting
February 17, 2015
Page 2 of 2
3. Ordinance No. 04-2015; amending Chapter 62, "Solid Waste", of the Code of
Ordinances; providing for the 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 seal] City Council Meeting Date: 2/17/2015
PRESENTATIONS/INTERVIEWS
Subject: Proclamation designating March 2015 as "Irish American Heritage Month".
Department: Legislative
Summary: The Ancient Order of Hibernians is America's oldest Irish Catholic Fraternal
Organization founded concurrently in the coal-mining region of Pennsylvania and New
York City in May 1836. As has been the custom in previous years, the Order is
requesting the City issue a Proclamation declaring March as Irish American Heritage
Month in support of celebrating the contributions of Irish Americans to the Nation and
the State of Florida over the years; this to coincide with St. Patrick's Day on March 17,
2015. The Order will hold a St. Patrick's Day Parade co-sponsored/permitted by the
City of Melbourne. They have extended an invitation for Council Members to participate
in same.
The Ancient Order of Hibernians, Brevard Division 2 President Francis X. Delaney is
present to receive the Proclamation on behalf of the Order.
Submitting Council Member: Mayor Randels Date: 2-4-15
Attachment: Proclamation
Financial Impact: Staff time to prepare item.
Reviewed by Finance Director: John DeLeo Date: 2-4-15
The City Manager recommends that City Council to take the following action(s):
Read the Proclamation designating March 2015 as "Irish American Heritage Month".
Approved by City Manager: David L. Greene Date: 2/4/15
Official
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS,by 1776,nearly 300,000 Irish nationals emigrated to the American colonies and
played a crucial role in America's War for Independence; and five signers of the Declaration of
Independence were of Irish decent and three signers were Irish born;and
WHEREAS,eighteen Presidents have proudly proclaimed their Irish American heritage;and in
1892,Irish born James Hoban provided the architectural plans for the White House and served as one
of the supervising architects for the construction of the Capitol;and
WHEREAS, Irish born Commodore John Barry was recognized by the United States
Congress in September 2002 as the"First Flag Officer of the United States Navy";and Commodore
John Barry fought the last sea battle of the American Revolution off the coast of Florida;and
WHEREAS,the Irish first came to Spanish"La.Fkridd'in the 1500s—first as missionaries
and mercenary soldiers and then as planters, traders, businessmen, doctors and administrators; and
three Spanish Governors of"La.Floridd'were actually Irish military officers;and
WHEREAS,Fr.Richard Arthur,an Ixish-bora priest from Limerick who was appointed parish
priest for St. Augustine in 1597 and ecclesiastical judge of"La Florida," established the first public
school in America and opened it to both boys and girls of all races;and
WHEREAS,Andrew Jackson,whose fanniily came from County Antrim, served as Florida's
military governor following its acquisition by the United States;and
WHEREAS, Irish Americans, since America's inception, have provided and continue to
provide leadership and service to this nation's political,business and religious establishments;and
NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County,
Florida,do hereby proclaim the month of March 2015,as:
IRISH AMERICAN HERITAGE MONTH
In the City of Cape Canaveral and do hereby encourage our citizens to observe the month by
participating in appropriate ceremonies and activities.
[seal] Signed and Sealed this Day of ,
Mayor
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 02/17/2015
PRESENTATIONS I INTERVIEWS
Subject: Space Coast Transportation Planning Organization update provided by
Communications Specialist Katrina Morrell.
Department: Public Works Services
Summary: The Space Coast Transportation Planning Organization (SCTPO) is a
metropolitan planning organization established under Sec. 339.175, Florida Statutes,
to coordinate transportation planning and finance throughout Brevard County. In
December 2013, the SCTPO Board of Directors approved a new three-year Public
Participation Plan as required by Federal law. The Plan includes development of a
Community Outreach Program to inform Brevard County government agencies,
businesses and residents of planned projects and funding opportunities for future
transportation-related projects.
At the SCTPO Technical/Citizens Advisory Committee Meeting of December 8, 2014,
Communications Specialist Katrina Morrell shared a new community outreach
presentation; which can be viewed on the SCTPO's website under TAC/CAC Agenda
Packages.
Ms. Morrell is here tonight to share the presentation and bring the City up-to-date on
current transportation-related happenings in Brevard County including the SR A1A
Corridor Study.
Submitting Department Director: Jeff Ratliff Date: 12/17/2014
Attachment: None
Financial Impact: Staff time to prepare item.
Reviewed by Finance Director: John DeLeo Date: 12/17/14
The City Manager recommends that City Council take the following action:
None
Approved by City Manager: David L. Greene Date: 12/18/14
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 02/17/2015
PRESENTATIONS / INTERVIEWS
Subject: Presentation by Stephanie Darden, President of Prismatic, Inc.
Department: Economic Development
Summary: Prismatic, Inc. President Stephanie Darden will make a presentation to City
Council to provide an update regarding the City Branding Initiative and discuss
remaining objectives and tasks.
Prismatic was selected to implement a Branding Initiative to increase the overall
awareness/perception of the City by engaging residents and businesses to market the
City internally and externally as a vibrant, attractive City in which to live, work, play,
learn, invest and visit. Prismatic was chosen as the top firm that submitted a Proposal.
They were selected due to their knowledge of Cape Canaveral, unique approach to the
City's Branding campaign and their relevant experience. The six-month project began
on September 2, 2014.
On February 3, 2015, the Company conducted a well-attended/successful Community
Workshop at the Florida Beer Company. Many ideas and keywords were shared and
recorded in a fun and engaging environment which included a beach ball-keyword toss,
individual stories and a message-in-a-bottle exercise, which involved sharing the things
that inspire and motivate individuals about the City of Cape Canaveral. The event also
showcased the Brewery, which represents a significant investment in our community
and the spirit of our Visioning and Economic Development cooperation between private
enterprise, City Staff and City Council. Staff received many highly complementary
comments from Workshop attendees.
Submitting Department Director: Todd Morley Date: 2/4/2015
Attachment: None
Financial Impact: Staff time to prepare Agenda item.
Reviewed by Finance Director: John DeLeo Date: 2/6/15
The City Manager recommends that City Counil take the following action: No
action required.
Approved by City Manager: David L. Greene Date: 2/6/15
CITY COUNCIL REGULAR MEETING #1
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
January 20, 2015
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6;02 1 .M, and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Council Member John Bond,
Mayor Pro Tern Bob Hoog
Council Member Buzz Petsos
Mayor Rocky Randels
Council Members Absent:
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Angela Apperson
Finance Director John DeLeo
Community & Economic Development Director Todd Morley
Planning & Zoning Director David Dickey
Leisure Services Director Gustavo Vergara
Public Works Services Director Jeff Ratliff
Brevard County Sheriff Major Paul Ring
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:
Justin Anderson and Troy Ford representing the Veterans Resource Committee and Trish
Barrett representing Bass Pro Shop, presented Council Member Bond with a trophy for his
participation/winning the Municipal Leader portion of the Stick Marsh Veteran's Challenge
Fishing Tournament.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 20, 2015
Page 2 of 4
Susan Elliott spoke of the desire of many residents to have a park on the property South
of Cape Shores Condominium Complex instead of a gas station. She provided
information which explained how they plan to raise money to purchase the property and
possible plans for park activities.
Rebecca Rowe spoke in opposition to the proposed service station/convenience store
(Cumberland Farms).
Eric Braga presented additional "petitions" opposing the proposed gas station. He
announced the formation of a non-profit corporation named the Concerned Citizens for
Cape Canaveral, Inc. which has hired attorneys and a traffic engineer related to the
proposed gas station. He indicated the attorneys and engineer will be contacting the
City and he hoped requested information would be provided to them. Mr. Braga asked
that the Planning and Zoning Board Hearing related to the proposes gas station be
postponed until February so their group can receive the results of a traffic study they
have commissioned. City Manager Greene indicated the Planning and Zoning Board
provides a recommendation to the Board of Adjustment and there is plenty of
opportunity to address both Boards; therefore, there is no need to reschedule the
meeting.
PRESENTATIONS / INTERVIEWS:
Presentation by Division Manager Daniel Robson from Waste Pro of Florida, Inc.: Mayor
Randels explained Waste Pro's employee incentive program which awards $10,000.00 to
an employee who has been accident/injury tree, not called in sick and has kept their
assigned vehicle clean/mechanically fine-tuned for three (3) continuous years. Division
Manager Daniel Robson explained the various duties of Mr. Tony Weaver over the
course his employment. Mr. Robson presented the check to Mr. Weaver, who received
a standing ovation for his accomplishment.
CONSENT AGENDA:
Mayor Randels inquired if ony items are to be removed from the Consent Agenda for
discussion. No items were removed.
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:
A motion was made by Mayor Pro Tem Hoog, seconded by Council Member
Petsos, to approve the Consent Agenda. The motion carried 4-0 with voting as
follows: Council Member Bond, For; Mayor Pro Tern Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 20, 2015
Page 3 of 4
PUBLIC HEARINGS:
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: Attorney Garganese read the Ordinance title into the record and
provided an explanation of same. Mayor Randels provided additional information about
the Ordinance. The Public Hearing was opened. Greta Moran asked for clarification of
the Ordinance purpose, to which City Manager Greene responded. The Public Hearing
was closed. A motion was made by Council Member Petsos, seconded by Council
Member Bond, for approval of Ordinance No. 12-2014. The motion carried 4-0 with
voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council
Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent.
4. 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: Attorney Garganese
read the Ordinance title into the record and provided an explanation of same. Mayor
Randels provided additional pplanation of the Ordinance. The Public Hearing was
opened. Greta Moran asked for clarification of the Ordinance implementation, to which
Mr. Greene responded. Mayor Randels noted the date of first reading and the date of
the publication of the advertisement. The Public Hearing was closed. A motion was
made by Council Member Bond, seconded by Council Member Petsos, that we
approve Ordinance No. 01-2015 as written. The motion carried 4-0 with voting as
follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent.
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:
Attorney Garganese read the Ordinance title into the record and provided an
explanation of same. Mayor Randels explained the purpose of the Financial Disclosure
"Form 1", The Public Hearing was opened. No comments were received and the Public
Hearing was closed. A motion was made by Council Member Petsos, seconded by
Mayor Pro Tern Hoog, for approval of Ordinance No. 02-2015. The motion carried
4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For;
Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh,
Absent.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 20, 2015
Page 4 of 4
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:
Attorney Garganese read the Ordinance title into the record and provided an
explanation of same. Mayor Randels added information regarding performance bonds
and noted Waste Pro is ranked #11 nationally. The Public Hearing was opened. No
comments were received and the Public Hearing was closed. Council Members
comments centered on the solid credit/financial stability of Waste Pro. A motion was
made by Council Member Petsos, seconded by Mayor Pro Tem Hoog, for
approval of Ordinance No. 03-2015. The motion carried 4-0 with voting as follows:
Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos,
For; Mayor Randels, For; and Council Member Walsh, Absent.
REPORTS:
Council Member Bond thanked the Veterans rommittee for their work to end
homelessness among Veterans.
Council Member Petsos congratulated Council Member Bond for winning the Fishing
Tournament. He invited everyone to participate In the Sea Oats Planting Project on
February 7th, 9 a.m. at Cherie Down Park. He also indicated that it is a go for launch at
7:48 p.m.
Mayor Pro Tem Hooq requested an update on the Specimen Tree removal on Oak
Lane. City Manager Greene indicated work continues on that issue.
Mayor Randels noted an opportunity to meet the National President of the VFW
Auxiliary. He explained the many activities of the VFW Post in Cape Canaveral.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:57 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
City Clerk
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 02/17/2015
Item No. 2
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, second
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.
Adopting Ordinance No. 03-2015 (Attachment 4) would be monetarily advantageous to
the City. On January 20, 2015, City Council approved this Ordinance at first reading, as
written. The Notice of Public Hearing was advertised in Florida Today on January 29,
2015.
Submitting Department Director: John DeLeo Date: 2/3/15
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 byFinance Director: John DeLeo Date: 2/4/15
City Council Meeting
Date: 02/17/2015
Item No. 2
Page 2 of 2
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 03-2015 on second reading.
Approved by City Manager: David L. Greene Date: 2/4/15
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
WASTE PRO T (407) 869-8800
Caring For 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,
Cort Sabina
Vice President & Chief Financial Officer
Waste Pro of Florida, Inc.
www.wasteprousa.com [recycling symbol]
WASTE PRO Attachment 3
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,FI 32926 T 321-8370055 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 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 17th day of
February,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: January 20,2015
Legal Ad Published: January 29,2015
Second Reading: February 17,2015
City of Cape Canaveral
Ordinance No.03-2015
Page 3 of 3
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 02/17/2015
Item No. 3
Subject: Ordinance No. 04-2015; amending Chapter 62, "Solid Waste", of the Code of
Ordinances; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, first reading.
Department: Public Works Services
Summary: Chapter 62 of the City Code regulates solid waste/recycling activities for the
City of Cape Canaveral (City). As written, the existing Code is outdated/inconsistent
with Ordinance No. 13-2014, which was recently adopted by City Council on October
21, 2014 and revised the Solid Waste Franchise Agreement with Waste Pro of Florida,
Inc., as well as Appendix "B", Fees.
Ordinance No. 04-2015, attached herewith, adds definitions and clarification designed
to assist the public by informing them of what solid waste/recycling is and how it is
collected for the City and places certain standards for collection into the City Code.
Some of the clarified/added items are, but not limited to, the following:
• Commercial service.
• E-Waste.
• Recycling container sizes.
• Requirement of collector to retain ownership of the carts.
• Residential to include multiple dwelling units and mobile home/RV parks.
• Construction and demolition debris roll-off containers.
• Requirement of hired contractors and landscapers to haul away vegetative waste
debris produced by their activities.
• Procedures for violations.
Submitting Director: Jeff Ratliff Date: 02/06/2015
Attachment: Ordinance No. 04-2015
Financial Impact: Cost of Ordinance/Agenda item preparation, advertisement and
codification.
Reviewed by Finance Director: John DeLeo Date: 2/6/15
The City Manager recommends that City Council take the following action:
Approve Ordinance No. 04-2015, first reading.
Approved by City Manager: David L. Greene Date: 2/6/15
ORDINANCE NO.04-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CHAPTER 62,"SOLID WASTE", OF THE CODE OF
ORDINANCES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral 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 Council of the City of Cape Canaveral believes the proper
management of solid waste/recycling serves the interests of ecology and economy and contributes
to the general quality of life for the residents of Cape Canaveral; and
WHEREAS, the City Council desires to amend the existing Code for consistency with
Ordinance No. 13-2014, which was recently adopted by City Council on October 21, 2014, and
which ordinance revised the Solid Waste Franchise Agreement with the City's current Solid Waste
Contractor; and
WHEREAS, the City Council of the City of Cape Canaveral, 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 62. Chapter 62, Solid Waste, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows(underlined type indicates additions
and strilEeettt type indicates deletions, while asterisks(***) indicate a deletion from this Ordinance
of text existing in Chapter 62. It is intended that the text in Chapter 62 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance):
City of Cape Canaveral
Ordinance No. 04-2015
Page 1 of 10
Chapter 62 - SOLID WASTE
Sec. 62-1.- Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved container means mechanical, refuse and recycling containers
provided by the collector and acceptable to
the city.
Biohazardous Waste means any solid waste or liquid waste which may present a threat of
infection or disease to humans or may reasonably be suspected of harboring pathogenic
organisms. The term includes, but is not limited to, non—liquid human tissue and body parts;
laboratory and veterinary waste, which contain human-disease-causing agents; used or
contaminated disposable sharps (e.g. hypodermic needles, syringes, broken glass, and scalpel
blades), human blood, and human blood products and body fluids; and other materials which in
the opinion of the Department of Health and Rehabilitative Services represent a significant risk
of infection to persons outside the generating facility.
Bulk Trash means any non-vegetative item which cannot be containerized, bagged or
bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets,.
washers, dryers, bath tubs, water heaters, sinks, bicycles, car tires, and other similar appliances;
household goods,and furniture and shall not be commingled with vegetative waste.
Collector means any person or entity authorized by the city to collect and remove solid
waste.
Commercial Service means the collection and disposal services provided to business
establishments,churches, schools, multiple dwelling units,office buildings and other commercial
establishments serviced by mechanical container and/or commercial ninety-six (96) gallon cart
service. Commercial Service is further defined as any service identified within appendix B,.
Schedule of Fees,to this Code,other than Service Code SFR1,MHR2.and RCCM.
Commercial Trash means any and all accumulations of paper, rags, excelsior or other
packing materials, furniture, appliances, wood, cardboard boxes or containers, sweepings, and
City of Cape Canaveral
Ordinance No. 04-2015
Page 2 of 10
any other similar accumulation not included under the definition of garbage, generated by the
operation of stores, offices, and other commercial establishments. Commercial trash shall not
include special waste.
Construction and Demolition Debris shall have the same meaning proscribed in 62-
701.200(24), Florida Administrative Code,which at the effective date of this Agreement means:
Discarded materials generally considered to be not water soluble and non-hazardous in
nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum
wallboard, and lumber, from the construction or destruction of a structure as part of a
construction or demolition project or from the renovation of a structure, including such debris
from construction of structures at a site remote from the construction or demolition project site.
The term includes rocks, soils, tree remains, trees, and other vegetative matter that normally
results from land clearing or land development operations for a construction project; clean
cardboard,paper,plastic,wood,and metal scraps from a construction project; except as provided
in Section 403.707(9)(j), Florida Statutes, yard trash and unpainted, non-treated wood scraps
from sources other than construction or demolition projects; scrap from manufacturing facilities
that is the type of material generally used in construction projects and that would meet the
definition of construction and demolition debris if it were generated as part of a construction or
demolition project, including debris from the construction of manufactured homes and scrap
shingles, wallboard, siding concrete, and similar materials from industrial or commercial
facilities and de minimis amounts of other non-hazardous wastes that are generated at
construction or demolition projects,provided such amounts are consistent with best management
practices of the construction and demolition industries. Mixing of construction and demolition
debris with other types of solid waste will cause it to be classified as other than construction and
demolition debris.
Designated facility means a disposal processing, recovery, recycling or transfer facility
designated by the city manager, or the city manager's designee.
Duplex means and includes a detached two-family dwelling designed or intended for
occupancy by two families.
E-Waste means Electronic Waste that includes,but is not limited to,computer towers; laptop
computers; keyboards, zip and external hard drives; flat screen monitors, scanners,printers, and
battery backup units; speakers, cables and related accessories; AN equipment including amps,
receivers, DVD, VCR, televisions, cassette and reel to reel tape players, turntables and related
electrical hardware; power tools (plug-in and rechargeable); battery packs and chargers;
communication devices (hand held and ham radios, pagers, cell phones, cordless and wired
phones); rechargeable appliances (dust-busters, shavers, flashlights, small toys and fans); digital
cameras, recorders, GPS units and related hardware; remote controls; electrical motors up to 3
HP; microwave ovens; all circuit boards; all Mercury-Containing Devices (i.e., fluorescent tubes
and compact fluorescent bulbs); HID bulbs; thermostats,thermometers and switches.
City of Cape Canaveral
Ordinance No. 04-2015
Page 3 of 10
Hazardous Waste means waste defined as hazardous waste pursuant to local, state, and
federal law.
Industrial means establishments generating solid waste accumulation of metal, metal
products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber,
tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials
usually created by industrial enterprises.
Mechanical Container means and includes plastic or metal containers of at least two (2)
cubic yards in size, dumped mechanically by a collection vehicle and able to be serviced by
collector.
Multiple Dwelling Units means any building containing three (3) or more permanent living
units,not including motels and hotels.
Recoverable materials means metal, paper, glass, plastic, textile, or rubber materials that
have known recycling potential, can be feasibly recycled, and have been diverted and source
separated or have been removed from the solid waste stream for sale, use, or reuse as raw
materials, whether or not the materials require subsequent processing or separation from each
other, but does not include materials destined for any use that constitutes disposal. Recovered
materials as described above are not solid waste.
City of Cape Canaveral
Ordinance No. 04-2015
Page 4 of 10
Recycling Container means a minimum fourteen (14) gallon recycling bin or larger cart used
by residential customers and one or more ninety-six (96) gallon recycling carts for commercial
and multiple dwelling unit customers, or other types of recycling bins approved by the City, to
store recyclable materials for collection and disposal service.
Recyclable material means newspapers (including inserts), aluminum cans, plastic
containers(HDPE and PET),brown, clear and green glass bottles and jars, and other solid waste
materials added upon written agreement between the city and the collector, when such materials
have been either diverted from the remaining solid waste stream or removed prior to their entry
into the remaining solid waste stream.
Refuse Container means a heavy plastic receptacle, with a rated capacity of not more than
ninety-six (96) gallons, having hinged tight-fitting lid and wheels,which is designed or intended
to be used for automated or semi- automated collection. Carts will be provided by and distributed
by the collector. Collector shall retain ownership of the carts.
Residential means single family detached homes, duplexes, multiple dwelling units, and
mobile home/RV parks.
Residential Service means collection and disposal services provided to,persons occupying
residential dwelling units, mobile homes, RV parks and multiple dwelling units not receiving
commercial service under this Agreement. Residential service is further defined as services
identified within appendix B, Schedule of Fees, to this Code, with a Service Code of: SFR%
MHR2, and RCCM.
Roll-off Container means a dumpster, which is used for the collection and disposal of
construction and demolition debris or solid waste. The roll-off container may be of the open or
enclosed variety and is typically hoisted onto a specially equipped truck for transporting the
construction/demolition debris or solid waste to a designated facility.
Solid waste means bulk trash, refuse, vegetative waste, and recyclable materials or any
combination thereof.
Special waste means solid waste that requires special handling and management by the
collector, and which is not accepted at the designated facility or other disposal facility or which
is accepted at the designated facility or other disposal facility at higher rates than are charged for
refuse, including, but not limited to, asbestos, whole tires which do not constitute household
trash, used oil, lead-acid batteries,and biohazardous wastes.
City of Cape Canaveral
Ordinance No. 04-2015
Page 5of10
Vegetative waste means any vegetative matter resulting from routine and normal yard and
landscaping maintenance generated on site and shall include materials such as tree and shrub
materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative
matter usually produced in the care of lawns, landscaping and yards.
Sec.62-2.— Procedures for violations.
Violations of this chapter may be enforced by the code enforcement citation system pursuant to
Chapter 2, Article VI.Division 3 of this Code.
Sec.62-5.-Schedule of fees.
(a) Owners of any residential unit or commercial building within the city shall pay solid
waste fees as established by the city council. The schedule of fees is contained in appendix B to
this Code and is subject to revision from time to time as may be necessary.
* * *
Sec.62-6.-Complaint procedure.
The collector of solid waste is obligated to promptly respond to all complaints concerning
the quality or absence of collection service. All complaints with regard to refuse and trash
collection service directed by this chapter shall be made to the city, and subsequently directed to
the collector by the city manager or the city manager's designee.
* * *
Sec.62-8.-Containers required.
(a) All owners, residents and all occupants of any residential unit and the owner, user,
manager or occupants of any multiple-dwelling unit, or of any place or business or
commercial establishment with[in] the city are required to provide at least one container to
hold four days'accumulation of solid waste. Sunken containers are specifically prohibited.
(b) A mechanical container or containers
may be used as provided in this chapter. Such container shall be provided by the collector and
the city manager shall first determine whether or not a mechanical container shall
be provided to any owner, user, manager or occupant so requesting a mechanical
container. Multiple-dwelling units containing less than ten units may be provided
City of Cape Canaveral
Ordinance No. 04-2015
Page 6 of 10
a mechanical container at the discretion of the city manager. All commercial establishments
(establishments other than professional offices or other offices) shall be required to have
industrial mechanical containers at the discretion of the city manager.
Properties receiving residential services shall not be
permitted to use mechanical containers.
(c) It shall be the duty of the owner, manager, tenant or occupant of any multiple-dwelling
unit to furnish or see that each unit with cooking facilities of said multiple dwelling is
furnished or supplied with an individual refuse container or containers or
mechanical container or containers adequate and sufficient in size to comply with the terms of
this chapter. All such solid waste containers shall be kept tightly covered at all times except
when it is necessary to lift the cover for disposal or removal of solid waste or to deposit solid
waste therein. It shall be unlawful for any person to deposit solid waste in such amount in the
individual refuse containers or mechanical containers that will not permit the cover
thereof to be kept tightly in place
Sec.62-9.-Residential solid waste pickup conditions.
(a) Separation of solid waste. Each individual container shall contain solid waste,
excluding yard trash, recyclable or recoverable materials.
(b) Recyclable or recoverable material. Recyclable or recoverable materials shall be
placed in recycling containers provided by the collector, except in the case of a
commercial establishment which has contracted with a properly certified recovered materials
dealer, as provided above in section 62-4 of the City Code. Only recyclable or recoverable
materials may be contained in the recycling containers. Recycling containers
shall be provided for each property receiving
residential service and shall be placed by each owner,resident or occupant at curbside in front
of such residential unit. Multiple dwelling units shall be provided recycling containers
for use by all occupants of such unit which shall be located at the discretion of the city
manager. No solid waste, other than recyclable or recoverable materials, shall be placed in a
recycling container.
Vegetative waste. Collector shall be required to provide collection and disposal
services for all vegetative waste generated from residential customers provided same are
City of Cape Canaveral
Ordinance No. 04-2015
Page 7 of 10
placed in a refuse container. Vegetative waste shall be segregated from the garbage and
household trash which shall be placed in a separate cart. All leaves and pine needles.,
ornamental shrubs, clippings and tree trimmings with branches less than three (3) inches in
diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree
trunks,palm fronds, etc., shall be cut in lengths of no greater than four(4) feet in length; shall
be no larger than six (6) inches in diameter and shall not exceed fifty (50) pounds per limb.,
trunk, frond, or bundle thereof. A special pick-up will be required when a "Cherry Picker.,
Claw or Clam"type collection vehicle is required to collect excess piles of vegetative waste in
excess of the maximum length and poundage set forth in this paragraph. Unbundled piles of
yard waste will be subiect to a minimum '// Claw Truck fee per pickup for less than ten(10)
yards or full Claw Truck fee per pickup for more than ten (10) yards. Hired contractors and
landscapers must haul away any vegetation debris they produce. Customers will be
responsible for associated fees set forth in appendix B,Schedule of Fees,to this Code.
(d) Solid waste. Solid waste other than yard trash and recyclable or recoverable materials
shall be placed in individual containers. Each individual refuse container shall not exceed fifty
(50) pounds of solid waste. Any item of solid waste shall not exceed the measurement of four
(4)feet in any direction. Containers for solid waste shall be provided by the
collector. Recyclable materials and yard trash shall not be
commingled with other solid waste.
(e) Pickup. Each owner, resident and occupant of
property receiving residential service shall place individual refuse containers and
recycling containers within five (5) feet of curbside in front of such residential unit.
Solid waste shall be removed by the collector according to schedules that the city from time to
time shall publish.
(f) Location of solid waste containers. Solid waste containers shall not be located in such
places or under such conditions as to cause unnecessary or unreasonable offense to sightliness,
cleanliness, safety or other sanitary conditions. Solid waste containers shall not be kept upon
neighboring property, whether such neighboring property be vacant or improved, without the
written consent of the person having the right to possession and use of the neighboring
property. No solid waste container shall be placed on any city right-of-way, except for
immediate pickup, unless authorized in writing by the city manager in advance.
Mechanical containers shall not be placed in such manner as to hinder the closing of container
lids.
( Bulk trash. Collector will provide collection and disposal services for all bulk trash
generated from residential customers regardless of whether it is containerized.
E-waste. Collector will collect and dispose of electronic waste placed curbside.
City of Cape Canaveral
Ordinance No. 04-2015
Page 8 of 10
Sec. 62-11.-Unlawful acts.
(a) Obstruction. It shall be unlawful for any person to park a motor vehicle in such a way
that the collector cannot service mechanical containers or otherwise to block access
to such containers.
(b) Container of another. It shall be unlawful for a person to place solid waste in a
container assigned to another address, without written permission of the owner.
(c) Burning or burying of solid waste. It shall be unlawful for any person to bury solid
waste within the city. No such solid waste shall be burned within the corporate limits of the
city.
(d) Unlawful accumulation. It shall be unlawful for the owner, resident, occupant or
manager or person responsible for any land or premises to permit, suffer or allow, either by
commission or omission, any accumulation of solid waste upon premises or property within
the city for a period longer than four days without having arranged for disposal of the
accumulation by the collector to perform such services and it shall be unlawful and a violation
of this chapter for any person, whether owner, resident, manager or occupant of any premises
to fail to provide a sufficient number of solid waste containers per unit as provided in this
chapter to amply provide for any four-day period of solid waste accumulation. Nothing
contained in this section shall prevent the owner or occupant, resident, manager or person
responsible for the premises to remove accumulations of solid waste on their own behalf, to a
proper place of disposal.
(e) Unlawful disposal. It shall be unlawful to dump,deposit or dispose of solid waste upon
the premises of another, or upon any street, alley, parkway or other public property, or any
canal, ditch, water, waterway, river, ocean, beach, pool, pond or the like within the city or in
the container of another, except that tenants of multiple dwellings or businesses, where
authorized, may deposit such accumulations in containers which the owner or manager of the
multiple dwelling or business building has authorized for the use of the tenants thereof.
(f) Hazardous waste. It shall be unlawful for any person to dump, deposit or dispose of
any hazardous waste in or around public/private refuse or mechanical
containers from which the collector removes solid wastes for the city.
Sec. 62-12.-Regulations on file.
(a) The fees and charges for recycling services are set forth in appendix B to this Code.
City of Cape Canaveral
Ordinance No. 04-2015
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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 day of
, 2015.
Rocky Randels,Mayor
ATTEST: For Against
John Bond
ANGELA APPERSON, Bob Hoog
City Clerk,MMC
Buzz Petsos
Rocky Randels
Betty Walsh
First Reading:
Legal Ad Published:
Second Reading:
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. 04-2015
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