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HomeMy WebLinkAboutAgenda Packet 08-16-2016THE SPACE BETWEEN SUN + SEA 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 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 tobe 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 August 16, 2016 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. 6:20 p.m. Interview Applicant for appointment to the Planning and Zoning Board. (Albert Franks, Jr.) CONSENT AGENDA: 6:20 p.m. —6:25 p.m. 1. Approve Minutes for Budget Workshop and Regular City Council Meetings of July 19, 2016. 2. Resolution No. 2016-12; amending the Stormwater Utility Fee authorized by Article V of Chapter 78 of the Cape Canaveral Code of Ordinances; providing for incorporation into Appendix B, Schedule of Fees, of the City Code;providing for repeal of prior inconsistent resolutions, severability; and an effective date. 3. Resolution No. 2016-14;appointing and reappointing Members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Albert Franks,Jr.,John Price and R. Lamar Russell) 4. Resolution No. 2016-15; supporting a Countywide Referendum for a Special Assessment Millage Funding Source for Indian River Lagoon (IRL) Restoration; supporting the IRL Restoration Plan developed by Brevard County Natural Resources Management City of Cape Canaveral, Florida City Council Meeting August 16, 2016 Page 2 of 2 Department; providing for repeal of prior inconsistent resolutions; severability; and an effective date. 5. Resolution No. 2016-16; authorizing a sixty (60) day extension of time for the property owners (Baugher and Lagges) to deliver to the City the Unity of Title Agreements in executed and recordable form in accordance with Resolutions No. 2016-03 and 2016-10; providing for repeal of prior inconsistent resolutions, severability and an effective date. 6. Appoint Economic Development Director Todd Morley as the Voting Delegate to the Technical Advisory Committee (TAC) of the Space Coast Transportation Planning Organization(SCTPO). 7. Approve the Unity of Title Agreement between Martni Realty Fund, LLC (Owner), and the City of Cape Canaveral regarding two individual parcels located at the northeast corner of Astronaut Boulevard and Church Lane. 8. Approve the Agreement to Dedicate Roadway Puerto Del Rio Drive to the City of Cape Canaveral and authorize the City Manager to execute the Agreement for same. 9. Award the Bid for construction of the Oxidation Ditch Rehabilitation Project to Florida Design Contractors, Inc. of Lake Park, Florida in the amount of$2,574,000 and authorize the City Manager to execute the Construction Agreement for same. REPORTS: 6:25 p.m. 6:30 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: 8/16/2016 PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Planning and Zoning. Board. (Albert Franks, Jr.) Department: Community Development Summary:On October 7,2015,the Planning and Zoning Board interviewed Mr.Albert Franks, Jr. and Ms. Brenda Defoe Surprenant to fill a vacancy. Ms. Surprenant was selected to fill the vacancy. However,the Board did indicate that should a vacancy occur in the future, Mr. Franks ' would be considered. Mr. Franks is a retired real estate appraiser and has served on several community boards in various Florida communities. He states that his primary reason to serve on an advisory board is to use his real estate experience to assist the City in future development(Attachment 1). Per City Code of Ordinances Sec. 2-171(c) (5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on Mr. Franks' interview and interest in the City of Cape Canaveral Planning and Zoning Board,the Board recommends he be appointed by the City Council (Attachment 2). Submitting Department Dep Director: David Dickey Y Date: 9\\A\\to Attachments: I —Board Application 2—P&Z Board Recommendation Memo Financial Impact: Staff time and effort to prepare Agenda item. Reviewed by Administrative/Financial U Services Director: John DeLio Date: The City Manager recommends that City Council e the following action: Interview Applicant Albert Franks,Jr. Approved by City Manager: David L. Greene 04.9 Date: Sig /j Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1, Applicant Name: Albert J Franks. JR 2. Home Address: 792 Bayside Drive, Cape Canaveral, FL 32920\ 3. Home and Cellular Telephone: H 321-613-2517 C 407-687-6637 4. Occupation: Retired Real Estate Appraiser 5. Business Telephone: N/A 6. Business Address: N/A 7. E-Mail: Ajfranks@cfl.rr.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) x (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) x (N) 3a. Are you a Business owner: (Y) (N) x 3b, If yes to 3a, please list the name: N/A 4a, Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) x 4b, If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) x 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being AJR appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) x (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) x lb. if yes to 7a, please provide names) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I am interested in using my real estate experience to assist the city in future development 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 2 Board of Adjustment* b. Business and Economic Development Board* c. Code Enforcement Board* d. Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. t Planning and Zoning Board* Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: please see resume 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. please see resume D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American x Male Asian-American Female Hispanic-American Not Known Native-American x Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Date: August 3. 2015 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 8/31/15 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 ALBERT J.FRANKS RETIRED CERTIFIED REAL ESTATE APPRAISER 792 BAYSIDE DRIVE CAPE CANAVERAL, FLORIDA 32920 407-687-6637 Albert J. Franks is a graduate of Rider University where he specialized in Real Estate. He graduated from Rider University Evening Division with an Associate in Arts Degree in January, 1970 and he earned his Bachelor of Science Degree in September, 1971. He was licensed as a Real Estate Sales Representative in 1968 and received his Broker's license in February, 1974. He has been an approved instructor of the State of New Jersey for the Real Estate Licensing course and was a member of the faculty of the Real Estate Preparatory School. He was approved by the New Jersey State Department of Education as an instructor in Real Estate Appraising. From 1983-1986 he was a Project Manager for the conversion of 800 apartments to condominiums for General American Real Estate and Development. He relocated to Florida in 1995 and is a retired State Certified Residential Appraiser. Listed below are the Real Estate courses he has attended and a list of the professional organizations of which he is a member. EDUCATION: RIDER UNIVERSITY Real Estate Principles Real Estate Financing Real Estate Appraising. Land Economics NATIONAL ASSOCIATION OF INDEPENDENT FEE APPRAISERS COURSES Financial Analysis of Income Properties Introduction to Income Property Appraising Professional Standards of Practice Concepts,Terminology and Techniques Market Abstraction Review Report Writing of Residential Real Estate Appraising Residential Review Appraising Condemnation Appraising 1 Alberti.Franks resume Basic Residential HUD Appraisal Requirements Construction and Development of Residential Real Estate Professional Standards of Practice Residential Cost Approach Commercial Cost Approach FHA Appraisals and Changes SOCIETY OF REAL ESTATE APPRAISERS COURSES Introduction to Appraising Real Property Applied Residential Valuation Narrative Report Seminar ORGANIZATIONS: COCOA BEACH REGIONAL CHAMBER OF COMMERCE 2015-PRESENT BAYSIDE CONDOMINIUM BOARD OF DIRECTORS 201.2-2013 CO-FOUNDER CHRISTMAS BIKE PROGRAM PRESIDENT, 2001-2012 BOARD OF DIRECTORS, 2012-PRESENT 501(C)3 CORPORATION DONATING NEW BIKES TO UNDERPRIVILEGED CHILDREN AT CHRISTMAS CITY OF OVIEDO REGIONAL CHAMBER OF COMMERCE, 1995-2012 CHAMBER PRESIDENT 2001-2002 CITY OF OVIEDO LAND PLANNING BOARD 2000-2002 SEMINOLE COUNTY HABITAT FOR HUMANITY BOARD OF DIRECTORS 2000-2002 CITY OF OVIEDO BOARD OF ADJUSTMENTS, VICE CHAIRMAN 1998-2000 2 Albert J. Franks resume Attachment 2 105 Polk Avenue, Cape Canaveral, FL 32920 CITY OF CAPE CANAVERAL P.O. Box 326 321-868-1222 Community Development Memo TO: Cape Canaveral City Council VIA: David L. Greene, City Manager FROM: David Dickey, Community Development Director DATE: 7/28/2016 RE: Recommendation to the City Council—Planning and Zoning Board Applicant Albert Franks, Jr. At the October 7, 2015 Planning and Zoning Board meeting,the Board interviewed Albert Franks, Jr. and Brenda Defoe Surprenant to fill a vacancy. At that time,the Board recommended the vacancy be filled by Brenda Surprenant. However,Ms. Surprenant has recently stepped down from the Board for employment purposes. This leaves a vacancy on the Board. The Board did indicate that should a seat become available, Mr. Franks would be considered. Item CITY COUNCIL BUDGET WORKSHOP MEETING No. 1 CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral,Florida TUESDAY July 19, 2016 4:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:00 P.M. ROLL CALL: Council Members Present: Mayor Bob Hoog Council Member Brendan McMillin Mayor Pro Tem Betty Walsh Council Members Absent: Council Member John Bond Council Member Mike Brown Others Present: City Manager David Greene City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Capital Projects Director Jeff Ratliff Public Works Serv. Interim Dir./Community Engagement Dir. Joshua Surprenant Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Brevard County Sheriffs Office Commander Alan Moros Brevard County Sheriffs Office Chief Financial Officer Greg Pelham Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham Human Resources Director Jane Ross Deputy City Clerk Daniel LeFever PUBLIC PARTICIPATION: None DISCUSSION: 1. Proposed Fiscal Year 2016/2017 Budget and Five (5) Year Capital Improvement Plan: Mayor Bob Hoog requested City Manager Greene summarize the Proposed Budget. Items reviewed included: Council/Staff Retreat items; millage proposed to remain the same as last year and the possibility to lower it; Capital Improvement Program; employee salary increases of three percent,the City working to keep the number of employees under fifty and moving towards more City of Cape Canaveral, Florida City Council Budget Workshop Meeting July 19, 2016 Page 2 of 2 part-time/seasonal positions; unfunded state and federal mandates continuing to take municipal powers away and pass on the costs; overall economic outlook is good; announcements in the upcoming months regarding additional jobs in the City; Port of Call expansion;the City continued work with Port Canaveral in the Master Planning process to become a better partner;how merging the two Overlay Districts into one has strengthened the overall economic potential in the City;total budget revenue is$14,322,680 of which three and a half million dollars is ad valorem;Homewood Suites was not finished in time to make it on this year's tax roll, there will be a noticeable increase in the overall Community Redevelopment Area (CRA) tax revenues next year; the City projected conservatively in consideration of the overarching concerns in the world and America and the tremendous amount of uncertainty affecting everyone; will continue to do what can be done from a public safety point of view,recognizing the need to be proactive from a task-force,team oriented basis with the Sheriffs Office, Fire Department and Code Enforcement continuing to work together; Community Engagement Director driven improvements to the City website and citizen outreach in technology training; the plan to repurpose the current City Hall and Canaveral City Park with CRA funds, grants and financing at low interest rates to pay cost of improvements that are CRA eligible;New City Hall being on track; City continues to move forward with stormwater projects, obtaining easements along AlA and City road priorities. Discussion ensued and included how the Budget is very strong and included appreciation to the City Manager and Staff for their work on it; how ten years ago the City was stagnant,the desire to see the City grow with a nice downtown center; the desire to see the Directors more involved in the Space Coast League of Cities meetings hosted by Cape Canaveral and/or other municipalities; the adoption of a lower millage should not have any impact on the contingency account; installations of splash pad, skate park, dogs and trial period for allowing leashed dogs on the beach and other community areas, possibly assigning a detail to the crew from the Department of Corrections; private-public partnerships; how the City is in a redevelopment rather than a development stage; the possibility of having a parade on Ridgewood or N. Atlantic Avenue and the history of parades in the City; the intersection at State Road AlA and N. Atlantic Avenue and $2.5 million dollars earmarked from the Space Coast Transportation Planning Organization for initial design work for improvements, portions of AlA as envisioned will have curb and gutter, additional rain garden areas and swales in portions to store/capture/filter stormwater and runoff, timing is not known on when it will occur;how the City is well ahead of the curve regarding lagoon issues, never going to lose sight of the Lagoon's importance. ADJOURNMENT: There being no further business, the Meeting adjourned at 4:54 P.M. Mia Goforth, City Clerk Bob Hoog, Mayor CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral,Florida TUESDAY July 19, 2016 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:57 P.M. Council Member John Bond led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Council Member Mike Brown Mayor Bob Hoog Council Member Brendan McMillin Mayor Pro Tem Betty Walsh Others Present: City Manager David Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Capital Projects Director Jeff Ratliff Public Works Serv. Interim Dir./Community Engagement Dir. Joshua Surprenant Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Brevard County Sheriffs Office Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham Human Resources Director Jane Ross PUBLIC PARTICIPATION: Shannon Roberts requested City Council consider funds be allocated to the Business and Economic Development Board for Board Members to participate in various public engagement events to enable broader representation ofthe City.Discussion ensued regarding how the City has the Community Engagement Director who handles those items;the Advisory Board has not met for two years;and Staff who are paid to do these kinds of things in the community. City Manager David Greene suggested Staff work with the Board on whether or not it should sunset. Mayor Hoog stated the item would be taken up at a future Council Meeting. PRESENTATIONS/INTERVIEWS: Presentation to the City of Cape Canaveral in recognition of its commitment to professional management as a Council-Manager form of government for more than fifty(50) years, by St. Lucie County Administrator Howard N. Tipton, the Florida City and County Management Association (FCCMA) and the International City/County Management Association City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2016 Page 2 of 5 (ICMA): St. Lucie County Administrator Howard Tipton spoke about the Council-Manager form of government,baby boomers who will be retiring and the difficulty of getting the message across to the next generation about what professional City Managers do in local governments. He thanked the Mayor and Council on behalf of FCCMA and ICMA; recognized City Manager Greene for his expertise and service; and presented a Certificate of Recognition to the City. Interview Applicant for appointment to the Library Board (Lawrence Holmes): City Attorney Garganese asked Mr. Holmes if the information on his application was true and correct to which he responded in the affirmative. Mr. Holmes explained his interest in serving on the Library Board; Council expressed appreciation for Mr. Holmes willingness to serve and discussion ensued regarding his twenty-two years military service as a Commander in the U.S.Navy. CONSENT AGENDA: Mayor Hoog inquired if any items are to be removed from the Consent Agenda for discussion; Mayor Pro Tem Walsh removed Item Three. 1. Approve Minutes for Regular City Council Meeting of June 21, 2016. 2. Resolution No. 2016-11; appointing a Member to the Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Lawrence Holmes) 3. Resolution No. 2016-13; adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2016/2017 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member McMillin, to approve the Consent Agenda Items 1 and 2. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. #3 - Mayor Pro Tem Walsh referenced discussion that took place during the Budget Workshop Meeting regarding the current millage rate and the tentative proposed rate being the same as last fiscal year; how City Manager Greene informed the City Council they could bring the millage down if they were comfortable in doing so; lowering the General Government Millage down from 3.4797 mils to 3.46 mils; and how property values have increased in the City. Discussion ensued and included: saving taxes and keeping the same services throughout the City; City Council and Staff being comfortable with the millage reduction; Staff being conservative in projecting fund balances and State shared revenues; and Council support of the reduction. The floor was opened for public comments. None were received. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Bond, for adoption of Resolution No. 2016-13, bringing the tentative proposed millage rate down to 3.5235 from 3.5432. Discussion ensued and included: how the General Government segment is being reduced from 3.4797 to 3.46, keeping the Library City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2016 Page 3 of 5 Dependent Special District at 0.0635, bringing the total tentative proposed millage rate to 3.5235. The motion carried 5-0 with voting as follows: Council Member Bond,For; Council Member Brown,For; Mayor Hoog,For; Council Member McMillin,For and Mayor Pro Tem Walsh, For. PUBLIC HEARING: 4. Ordinance No. 02-2016; amending Chapter 110 Zoning, changing the list of permitted uses in the R-1, R-2, R-3, C-1, C-2 and M-1 zoning districts; creating definitions for car washes, veterinary clinics, veterinary hospitals, automotive maintenance facilities and convenience stores with or without the sale of gasoline at fueling stations; amending the definition of automotive repair facilities; amending supplementary district regulations; 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. Discussion ensued and included: appreciation for the minor changes that were made by Staff since the first reading. The Public Hearing was opened. Shannon Roberts inquired whether there are any restrictions or changes to this Ordinance regarding permitted uses and sexually oriented businesses in the City, specifically, Fairvilla at the Coral Shoppes. City Manager Greene explained how the City expects matters to work out with regard to Fairvilla in its new location, being mindful of the settlement agreement terms and code compliance; and the fact the business is not expanding. The Public Hearing was closed. City Attorney Garganese recommended the striking out of all references to public utility equipment in the document due to the fact special regulations already apply to those utilities. Discussion ensued regarding what public utility equipment entails. A motion was made by Council Member McMillin, seconded by Mayor Pro Tem Walsh, to adopt Ordinance No. 02-2016 as read, with the recommended removal of all reference to public utility equipment, on second reading. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. ITEM FOR ACTION: 5. Mr. Charles Pindziak, 112 E. Central Boulevard, has requested time to address the City Council regarding a sign located at 6099 N. Atlantic Boulevard. Charles Pindziak proceeded to read a prepared statement into the record asking the City Council to approve a permit for a sign at the property located at 6099 N. Atlantic Avenue. City Attorney Garganese stated he discussed the issue with City Staff and explained the two issues. First, the property owner was cited for putting up an electronic billboard on the sign without a permit, was brought to the Code Enforcement Board in violation for constructing a sign without a permit and the Board ordered the property owner to pull the requisite permit for the electronic sign. Second, when the property owner filed for a sign permit application to come into compliance with the Code, City Staff took the position that this existing sign is a pole sign, all pole signs must come into compliance with the City Sign Code, meaning they have to be converted to a pylon or another authorized sign. City Attorney Garganese stated Staff made an interpretation this is a pole sign and it needs to be converted to a pylon sign; and Mr. Pindziak appears to take the position that it is not a pole sign, therefore, it is not subject to the amortization provision in the Code. He explained if a person has standing to City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2016 Page 4 of 5 question the interpretation that Staff is making,than the applicant may file an administrative appeal that goes to the Board of Adjustment for consideration;the Board of Adjustment makes a decision; then that Board's decision can be appealed to the City Council who would have final say on an administrative interpretation of the Code. City Attorney Garganese stated that is why he recommends no action be taken by Council at this time. Mayor Hoog stated that Council would follow the recommendation of Staff and City Attorney to take no action. ADD-ON ITEM: Mayor Hoog mentioned the discussion that took place at the last City Council Meeting regarding City Manager Greene's evaluation. A motion was made by Mayor Hoog, seconded by Mayor Pro Tem Walsh,to put Mr. Greene up on the level of five percent rather than three percent, if City Council will agree and if City Manager Greene will accept that. Discussion ensued and included: the Agenda Item Council Member Bond had approved to put on the City Council Meeting Agenda tonight and his desire to see a six percent increase; the work performance of City Manager Greene and his accomplishments all without long-term debt; and how lucky the City is to have Mr. Greene. Council Member McMillin and Council Member Brown inquired if the City Manager will accept the five percent. City Manager Greene accepted the offer. The motion carried 5-0 with voting as follows: Council Member Bond,For; Council Member Brown,For; Mayor Hoog,For; Council Member McMillin,For and Mayor Pro Tem Walsh, For. REPORTS: Council Member Bond apologized for not making it to the Budget Meeting due to a class he is taking. He complimented what has been done with the Budget. Council Member Brown apologized for not attending the Budget Meeting due to a schedule mix- up. He shared items discussed at the last Space Coast League of Cities Meeting regarding possible proposals to put signage on City vehicles referencing prohibited periods for fertilizing due to issues with the Indian River Lagoon and using the League's Facebook page, at no cost, for education and City events. He also thanked Staff for the City's promotional bracelets. Council Member McMillin mentioned his attendance at the Space Coast Transportation Planning Organization Meeting where the Board agreed to request the Florida Department of Transportation allocate $2.5 million for design (not construction) of improvements to north SR AlA. He noted how well the City is doing regarding stormwater compared to other cities in Brevard County, leading by example, but always room for improvement; he congratulated Staff; and expressed appreciation for people who are not fertilizing their lawns. Mayor Pro Tem Walsh thanked Staff and City Manager Greene for hard work on the Budget; thanked City Manager Greene for being here and putting the City in a great direction. She stated the City of Cape Canaveral is becoming a leader, other cities are saying it and this is a really good time to be part of the City. Mayor Hoog shared that he met with the Cocoa Beach Economic Director regarding different issues that city is having and that some of the Cocoa Beach Commissioners ask him how this City City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2016 Page 5 of 5 gets things accomplished. He noted how the City's TMDL (Total Maximum Daily Load) charts are below every city in the Brevard County area on discharge factors and the fast pace of projects in this City. He responded to an earlier comment regarding how close the New City Hall is to AlA and confirmed that parking will be behind all the new buildings in the Overlay District in the City. Mayor Hoog gave special thanks to the Sheriff's Office and Canaveral Fire Rescue; and thanked Staff for a good, strong Budget. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:06 P.M. Mia Goforth, City Clerk Bob Hoog, Mayor .4,r.4-74• City of Cape Canaveral : f, City Council Agenda Form itreiCity Council Meeting Date: 08/1612016 '� Item No, 2 Subject: Resolution No. 2016-12; amending the Stormwater Utility Fee authorized by Article V of Chapter 78 of the Cape Canaveral Code of Ordinances; providing for incorporation into Appendix B, Schedule of Fees, of the City Code; providing for repeal of prior inconsistent resolutions; severability;and an effective date. Department: Public Works Services Summary: The City Council adopted Ordinance No. 2003-06 in February 2003 establishing a Stormwater Utility, the purpose of which is to provide funding for (1) the operation, construction, maintenance and repair of stormwater facilities;(2)stormwater system permitting and planning; and (3) treatment/management of stormwater (i.e., water quality). The Program was implemented in January 2004 with a $3.00 Stormwater Utility Fee charged per each equivalent residential unit (ERU) — with an ERU value defined by Section 78-277 as 2,074 square feet--and generated approximately$350,000 in annual revenue.The beneficiaries of the stormwater system include all real properties within the City which benefit by the provision, operation and improvements to the system. Such benefits may include, but are not limited to, (1)the provision of adequate systems of collection,conveyance,detention,treatment and release of stormwater;(2)the reduction of hazards to property and life resulting from stormwater runoff; (3)the improvement in general health and welfare through reduction of undesirable stormwater conditions;and(4)the improvement to water quality in the storm and surface water system and its receiving waters(Indian River Lagoon [IRL] system). The City Council adopted Resolution No. 2011-29 in November 2011 approving an increase in the Stormwater Utility Fee from $3.00 to $5.00 per ERU, effective in January 2012. A number of new regulations were adopted or were soon to be adopted by Florida Department of Environmental Protection (FDEP) further regulating stormwater discharges to the State's surface water bodies. In addition, well publicized environmental conditions in the IRL system continued to deteriorate due to the presence of algae blooms, high concentrations of nutrients, high levels of turbidity, etc. This increase in the Stormwater Utility Fee generated annual revenue of approximately $580,000. The additional funds were used to construct stormwater treatment/management facilities, perform maintenance activities and provide funding for permitting/personnel as detailed in Attachment#1. Total Maximum Daily Load (TMDL) Program: FDEP has promulgated additional regulations since adoption of Resolution No. 2011-29 by the City Council. Specifically, the TMDL Program requires that municipalities reduce concentrations of nitrogen and phosphorous in stormwater over a 15-year period beginning in February 2013. Enforcement of the Program is through the Basin Management Action Plan(BMAP), which details projects and educational programs needed to reach the nutrient reduction goals. The City has met the nutrient reduction goals for the first five years and a significant portion of the nutrient reduction goals for the second five years of the TMDL Program, and continues to work toward meeting the 15-year nutrient reduction goals which are as follows: • 8,845 pounds of total nitrogen(TN)per year;and • 2,276 pounds of total phosphorous(TP)per year. Stormwater Master Plan: To identify specific stormwater improvement/management projects to meet TMDL nutrient reduction goals,Allen Engineering,Inc.,was tasked to revise the City's City Council Meeting Date: 08/16/2016 Item No. 2 Page 2 of 4 Stormwater Master Plan (SWMP) in October 2014. The City's initial SWMP was prepared in 2000 by Stottler Stagg and Associates, Inc.,and was outdated. Major goals and objectives of the new SWMP were as follows: • Collection of background data and existing computer models from regulatory agencies (e.g., FDEP and St. Johns River Water Management District [SJRWMD])to be used as a geodatabase for detailed hydrologic studies; • Performance of computer modeling to determine additional credits, if any, which may be acquired from the TMDL Program for projects already completed by the City (e.g., exfiltration projects); • Recommendation of additional stormwater improvement/management projects (i.e., based upon computer modeling analyses, research of scientific literature. etc.) not already included in the City's Capital Improvement Plan(CIP); • Performance of computer modeling to determine total nitrogen and total phosphorous loads from each of the City's drainage basins;and • Performance of computer modeling to determine maximum potential TMDL credits for proposed water quality improvement projects. The City Council approved the SWMP at its February 2016 Meeting. Implementation of selected ' projects identified in the SWMP will allow the City to meet and exceed TMDL nutrient reduction goals for the entire 15-year Program. The proposed projects are listed in the Table included as Attachment#2. Cost Projections: Review of the projects included in Attachment #2 indicates a total projected I cost of $3,283,170 for completion of the identified stormwater improvement/management projects during the next five years. However, the Stormwater Utility Fee is also used to fund routine maintenance of the City's stormwater system including,but not limited to,the following: • Contract services (street sweeping,mowing, etc.); • Systems maintenance (upgrade of baffle boxes, installation of new inlets, curbing replacement, etc.); and • Equipment maintenance. The Stormwater Utility Fee is also used to fund a portion of the costs for a City employee to maintain the City's National Pollutant Discharge Elimination System permit (stormwater permit) as well as a portion of the costs for the City's Inmate Crew. These maintenance and personnel costs vary from year to year, but average approximately $350,000 per year. Therefore, estimated costs for stormwater construction, maintenance activities and personnel costs for the next five years are 55,033,170 (see Table in Attachment#2). Proposed Stormwater Utility Fees: The current Stormwater Utility Fee of $5.00 per ERU (approximate revenue of$580,000 per year)has not been increased since January 2012 and does not provide enough revenue to perform stormwater improvement/maintenance tasks for the next five fiscal years. Therefore, to fund the proposed stormwater improvement projects, maintenance activities and personnel costs discussed above and to meet future requirements of state regulatory agencies, Staff is proposing the following Stormwater Utility Fees with estimated annual revenues in parentheses: P City Council Meeting Date: 08/16/2016 Item No. 2 Page 3 of 4 January 2017: Single Family Residential Flat Rate(1.0 ERU) - $6,00 Mobile Homes(0.79 ERU)- $4.74 Multi-Family Residential (1.0 ERU per number of units) Commercial—Variable(impervious area/2,074 square feet x $6,00) (Estimated Annual Revenues $695,500) January 2018: Single Family Residential Flat Rate(1.0 ERU) - $7.00 Mobile Homes(0.79 ERU)-$5.53 Multi-Family Residential (1.0 ERU per number of units) Commercial—Variable(impervious area/2,074 square feet x$7.00) (Estimated Annual Revenues- $811,500) January 2019: Single Family Residential Flat Rate(1.0 ERU)- $8.00 Mobile Homes(0.79 ERU) - $6.32 Multi-Family Residential (1.0 ERU per number of units) Commercial—Variable(impervious area/2,074 square feet x$8,00) (Estimated Annual Revenues- $927,400) January 2020: Single Family Residential Flat Rate(1.0 ERU)- $9.00 Mobile Homes(0.79 ERU) - $7.11 Multi-Family Residential (1.0 ERU per number of units) Commercial—Variable(impervious area/2,074 square feet x$9.00) (Estimated Annual Revenues- $1,043,300) January 2021: Single Family Residential Flat Rate (1.0 ERU)- $10.00 Mobile Homes(0.79 ERU)- $7.90 Multi-Family Residential (1.0 ERU per number of units) Commercial—Variable(impervious area/2,074 square feet x $10.00) (Estimated Annual Revenues- $1,159,200) Total for Next Five-Year Period: $4,636,900 The shortfall in funds to complete the proposed projects and maintenance activities in the next five years will possibly be offset by the acquisition of grants from a number of sources(FDEP, S]RWMD,etc.), Staff will submit the applications at the appropriate time and to the appropriate agency based on the type of project to be constructed. For comparison purposes, Stormwater Utility Fees for other Florida municipalities are shown in the Stormwater Utility Fee data collected by the Florida Stormwater Association and included as Attachment#3. Staff Recommendation: Staff recommends that the City Council adopt Resolution No. 2016- 12 increasing the Stormwater Utility Fee in order to provide adequate funding for future stormwater improvement/management projects,maintenance activities and technical personnel. City Council Meeting Date: 08/16/2015 Item No. 2 Page 4 of 4 As reported in recent media articles, fish kills and the extensive presence of brown algae have been noted in the IRL system in 2016. The City will continue to do its part in the protection and ecological rehabilitation of the IRL system, but adequate funding from the Stormwater Utility will be required. Resolution No. 2016-12 (including Exhibit A) is included as Attachment#4. Submitting Department Director: Joshua Surprenant S Date: 8/11 12 of Attachments: #1 —Completed Stormwater Treatment/Management Facilities #2—Proposed Stormwater Improvement Projects #3 —Stormwater Utility Fee Data #4 -Resolution No. 2015-12(including Exhibit A) Financial Impact: Amending the Stormwater Utility Fee by $1 per year, for the next 5 years beginning January 2017 will result in$4,636,900 in revenue for the next five-year period. Reviewed by Administrative/Financial Services Director: John DeLeoDate: The City Manager recommends that City Council t e the following action: Adopt Resolution No. 2016-12. Approved by City Manager: David L. Greene t +- Date: gi 3 1,� Attachment #1 Completed Stormwater TreatmentlManagement Facilities 54 4 d • 'i► CITY OF CAPE CANAVERAL CITY OF CAPE CANAVERAL COMPLETED STORMWATER TREATMENT/MANAGEMENT FACILITIES AND MAINTENANCE ACTIVITIES Selected project/maintenance activities completed with funds from the Stormwater Utility include: Stormwater Infrastructure Improvements: • Nine nutrient-separating baffle boxes on stormwater outfalls; • Manatee/Banana River Parks Stormwater Improvement Project; • South Central Ditch stormwater improvements; • North Central Ditch stormwater improvements; • Ridgewood Avenue stormwater improvements (streetscape project); • Harbor Heights stormwater pipe replacement; • Stormwater pond de-mucking at the wastewater treatment plant (WWTP); • Repair of stormwater pipe along West Central Boulevard; • Exfiltration piping at six street intersection locations; • Presidential Court Exfiltration Project; • Stormwater filter pilot project along SR AlA; • Stormwater inlet replacement program; • Orange/Buchanan Avenues pipe replacements; • North Atlantic Avenue bio-swales(exfiltration system); • Numerous curbing replacements; and • Numerous stormwater swale improvements. Maintenance Activities: • TV monitoring/cleaning of entire City stormwater system; • "Armoring"of stormwater outfalls; • Chemical treatment of wet detention ponds on City properties; • Mowing and chemical treatment of Central Ditch; • Inmate crew cleaning of nine nutrient-separating baffle boxes after rainfall events; • Inmate crew cleaning of stormwater inlets before/after heavy rainfall events; • Annual "deep cleaning" (sediment removal) of nine nutrient-separating baffle boxes; • Monthly street sweeping activities; • Annual stormwater manhole inspections; • Annual stormwater pond inspections; and • Annual illicit discharge inspections. Miscellaneous Stormwater-Related Tasks: • Stormwater permits for all improvement projects; • Survey and mapping of entire City stormwater system; • Update stormwater documents for City kiosks; • Total Maximum Daily Load (TMDL) Program meetings/report submittals; • National Pollutant Discharge Elimination System (NPDES) permitting (stonnwater permit); • WWTP vehicle wash area permitting and construction; and • Grant applications to Florida Department of Environmental Protection (FDEP) and St. Johns River Water Management District (SJRWMD). Attachment #2 Proposed Stormwater Improvement Projects ai I. PC v w p W a GA:, o o ill W L a `n 66 M 66 v co o c> a _o 0 o c'v o 0 o a o ca Co Q� p �° et "� o `r 000 a oo °° y 00 Ki ... n to in cc" cc co:;" Do R 06 00 00 o y V w in kr) N o o �, N N cr, ^l W .� pry 64 0 an o A4) A o o Oo ° _ i 0C. Nr © "1 a, _ erg, Q H y '� VD ® free) o0 0: eri cr; cv ,r'',, ND oI Cii - 0eti 41 ° a g O 0 CO G GS! ., ... o N 00 N `c' O '- N I? Z N N •--+ N O p d N C at E le vD N in N M M N —, M l.r In CA F _ o o it se CV 2 e� a eqi as O CIN £3 CT - - .� ,Ft ca\ 0 3D a I_ a0 rCS ,i M (NIcV in i� .D (:).; p (�j M a) F+K —as O IM A I w zi w z °VSva, Q � Q d '- QG A N I" T a C C rn CID 0 CG 0 oC C C" fl.00 0 0 TEO _ p 0I a) O d WC G C EC G y C G l.y 0.) 0) 01 ) 0? 0) ) 03 2viiQWi " E .z oPSSteQ Q 04 121 ./ V+ ..r 04 L1J a a A CA b o - CIO ,.a :, z ca C C].' 'C7 c "eys E ,, F� E co fl ' a.i CfJ a. ad 0.) 0) y 7�7 1411 Z y C . a. v v1 cd c el 0 U °n Q a a E '0 3 O 3 ° °' V u .0 w 5 0 3 > a) mt ce o 8 o c° e°, c , s, Q o ,.. C „ c� �. , -0 = W a C p U = •... b tw v) au ,, w c� ca ¢a c.. • �. ro 'b _ A a C7 O O -0 cd cd +-. a) d O 0 O p U U U U U S x U x C. U E-+ Z R, M Attachment #3 Stormwater Utility Fee Data MO - Stormwater Utility Rates Page 1 of 6 . Home I Contact Us l Calendar i Pnvacy POluy iz, ±1Pr Hi,left Ratliff 5 ' A.?ProMe Mem6e.Doecto,y tum,Ctrltrnea Ilot Gut _ Florida Stonnwaifer Aasodation Home About Us.. Member Services k FSA Educational Foundation k Members Only Join Stormwater Utility Rates What's New The Florida Stormwater Association collects and compiles the city and county utility rate information into the report below.Please contact FSA at(888)221-3124 with additions or corrections. Overview of Legislative Session Missed the webinar?View the oneo/moredam updurd Mare*MS. rc ordint now Don't Miss Out on FSA Jurisdiction Rate ERU Size Information Jilin bur i_o4nLa I. t Altamonte Springs 66.75 2,492 sq.ft Apopka 62.08 N/A Upcoming Events Atlantic Beach $8 39 1,790 sq.ft. revel 1 Stormwater Operator Auburndale $0.75 N/A Certification•Palm Coast Wed Mar 30,2010 9.'00 AM• Thu Mar 31,20165:00 PM Aventura $2.50 1.548 sq.It Level 2 Stornokatet Ooeratot Bartow $3.75 per dwelling Certification•Volusia County fQeiend] Bay County $3.33 N/A Wed p d20.2016 5:00 PM SAM-Thu Bay Harbor islands $5.00 1,548 sq.ft. Levert 5torrnwaterbgPrator Certification-rip oI Clermont Belle Island 54.00 4.087 sq ft. TueMay 3,20189:00AM-Wed Mayo,2016 5:00 PM Boca Raton 62.90 2,873 sq.ft Event Calendar Boynton Beach 65 00 1 937 sq ft Bradenton $2.50 1,700 sq ft Bradenton Beach $8 33 N/A Brevard County 83.00 2,500 sq.h. Cape Canaveral 65 00 2,074 sq 1t. Cape Coral $6.25 3,296 sq ft. Casselberry 67 00 2.304 sq.ft. Charlotte County $10,71 per acre Clearwater $13 77 1,830 sq ft. Clermont $3 00 3,154 sq ft Cocoa $5 75 2.166 sq.ft Cocoa Beach $6.00 2,90D sq.ft https://fsa.rnemberclicks.net/starmwater-utility-rates?servId=5060 3/30/2016 MO - Stormwater Utility Rates Page 2 of 6 Coconut Creek $3.46 2,070 sq ft. Cooper City 120.80 30,000 sq.ft Coral Gables 18.20 2,346 sq.ft. Cutler Bay $4.00 1,54E sq.ft Daytona Beach $8.67 1.661 sq.ft DeBary 17.00 2,560 sq.ft. Deland $5.81 4,900 sq.ft. Delray Beach 15.33 2,502 sq ft. Dellona 16.26 3.484 sg ft Doral 14.00 1,548 sq.ft. Dundee 11.00 N/A Dunedin 17.40 1,708 sq ft. Eagle Lake $4.00 3,347 sq.ft. Eatonvilte $4.95 Res Edgewater 18.00 2.027 sq.ft. El Portal $3.00 1,548 sq.ft. Eustis $3.00 2.187 sq.ft. Feltsmere $4 DD 3,250 sq ft. Florida City $2.50 1,250 sq ft. Furl Lauderdale 13.50 .Tiered Fort Meade 14.25 N/A Fort Myers 14.80 2.500 sq ft. Fort Pierce 14.50 2,186 sq.ft. Fort Walton Beach 13.00 3.200 sq ft. Frostproof $3.00 N/A Fruitland Park 12.00 N/A Gainesville 18.56 2,300 sq.h. Golden Beach 12.92 8.000 sq ft. Gulfport 13 21 2.300 sq ft Haines(tty 154.24 yr 1.935 sq ft. Hallandale Beach 13.35 958 sq fl Hialeah 12 50 1.664 sq ft Hialeah Gardens 12 00 1.267 sq ft Hillsborough County 11 00 N/A https://1sa.rnemberclicks.net/stonnwater-utility-rates?servld=5060 3/30/2016 MO - Storrnwater Utility Rates Page 3 of 6 Holly Hill 16 00 2,050 sq.ft Hollywood 53.22 2.250 sq.ft Holmes Beach 14 50 2.354 sq.ft. Homestead 53 18 2.000 sq.ft. Indian Geek 8438 4.385 sq,ft. Indian Harbour Beach 53 00 2.500 sq.ft. Jacksonville 8500 3,100 sq.h. Jacksonville beach 54.78 1,500 sq ft Jupiter 54.46 2,851 sq ft. Key Biscayne $7.50 Iter Key West $7.90 1,440 sq.ft. Kissimmee 58 08 2,404 sq ft. Lake Alfred $2.00 N/A Lake County 4984 mills N/A Lake Mary $3.00 4.576 sq.ft Lake Worth 56.30 1,748 sq.ft Lakeland 16 00 5,000 sq.ft. Largo 94.45 2,257 sq.ft. Lauderdale Lakes 512.00 2„133 sq.ft. Lauderhill 112.19 3,800 sq ft Leesburg 55 5D 2.000 sq ft. Leon County $7.08 3.272 sq.ft. Longwood 56 00 2.898 sq ft. Madena Beach 55.00 1,249 sq fl. Maitland 58.60 2,532 sq ft Malabar 53.00 WA Margate 83 57 2,328 sq fi Marion County 51.25 2,275 sq.ft Medley 53 00 1,487 sq.ft Mclhouene 53.00 2.500 sq.ft Melbotimne Beach 53.00 2.500 sq ft Miami 53.50 1.191 sq ft Miami Beach 53.25 791 sq it. Miami-Dade Count) 54 f}0 1 548 Sq ft https://1sa.mefnberclicks.net/stormwater-utility-rates?servId=5060 3/30/2016 MO - Stormwater Utility Rates Page 4 of 6 Miami Gardens 54.00 1,549 sq.ft Miami Shores $3.75 1,435 sq it. Miami Springs 43.47 •tiered Minneata $4.00 1,100 sq.ft. Miramar 52,50 3,619 sq.ft, Mount Dora 56.50 2.500 sq.ft Mulberry 54.00 3,250 sq.ft Naples 512.80 1.934 sq ft Neptune Beach 53,00 3,164 sq ft New Port Richey 13.36 2,629 sq.ft. New Smyrna Beach $2 50 1,515 sq.ft. Niceville 54.51 7.500 sq ft Worth Bay village 52.25 2,415 sq.ft. North Lauderdale 53.00 2.138 sq.ft. North Miami 15.92 1,760 sq.ft. North Miami Beach 54.50 1,800 sq.ft. Oakland Pal k 56.00 1,507 sq ft, Ocala 54.00 1.948 sq.ft Ocoee 11 00 2,054 sq.ft. Oldsmar 54.00 2.550 sq.ft. Opa•Locka S1 90 1,548 sq.It. Orlando 59.99 2.000 sq ft. Or mond Bear h 58,00 3,000 sq ft Oviedo 54 00 2.464 sq.ft Patin Bay 1447 4.60?sq ft. Palm Coast 511 65 3,682 sq.It. Palmetto 53.68 1.999 sq It Pasco County 53 92 2,89D sq It pembtoke Palk 5900 1 548 sq It Pensacola 55.70 2.998 sq ft Puierrest 5400 1,548 sq It Pinellas Counts 19 67 2.329 sq It Pinellas Part 521+0 NA Pram f ily 15 50 2,280 sq It https://fsa.memherc licks.net/stonnwater-utility-rates?servld=5060 3/30/2016 MO - Stormwater Utility Rates Page 5 of 6 Polk City $150 1,000 sq.ft Polk County 1 mil N/A Pompano Beath $3.21 2,880 sq ft Port Orange $8.25 3.059 sq.ft. Port St Lucie $10.25 7,280 sq.ft. Riviera Beach 54.50 1.920 sq.ft. Rockledge $3.75 2,922 sq.ft. Safety!'.arbor $7.25 1,865 sq.ft. Sanford $6.79 2.126 sq ft. 5arasora County 17.55 3,153 sq.ft, Satellite Beach. S4 50 3.000 sq ft Sebastian 55 00 3,285 sq ft. South Daytona $500 N/A South Miami $3-00 1,865 sq.ft. St.Augustine $7 00 2,752 sq.ft. St Cloud $6.35 2.664 sq.ft. 5t Pete Beat h 347.09 yr 3,813 sq.tt St Petersburg 56.84 2,719 sq.h. Stuart 53.95 3,707 sq.ft. Sunny Isles Beach $4.00 1,548 sq ft Sunrise 56.82 1.884 sq ft Surfside 12.50 1.040 sq.ft. Sweetwater $2.50 1,575 sq.ft. lallahassee 57 95 1,990 sq.ft Tamarac $9 19 1,830 sq.ft. Tampa 53.00 3.310 sq ft. Tarpon Springs $5.15 1,945 sq.ft. Tavares 14 50 3,500 sq ft lequesta 57 13 7,506 sq ft. 1 itusvrlle $662 3,300 su.ft. Treasure Island $3.36 N/A Venice SS 00 9.4E9 sq ft. Vofusia County $6.00 2,775 sq ft. West Melbourne 13.00 Nit+ https://fsa.memberclicks.net/stormwater-utility-rates?servId=5060 3/30/2016 MO - Stormwater Utility Rates Page 6 of 6 West Miami 52.50 1,400 sq.ft. West Palm Beath 16.48 2,171 sq.ft. West Park 53.50 1,351 sq.ft, Wilton Manors 14.37 3,460 sq.It Winter Garden 14.00 4,077 sq.ft. Winter Haven 13.16 NIA Winter Park 111.56 2,324 sq.ft. Winter Springs 85.50 2.123 sq.ft. a Ftortda Sionnwater Association 719 Easl Park Avenue.lallahasSee,Ft 3730'. 1.888.2213124 https://fsa.memberclicks.net/stormwater-utility-rates'?servld=5060 3/30/2016 Attachment #4 Resolution No. 2016-12 RESOLUTION No. 2016-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE STORMWATER UTILITY FEE AUTHORIZED BY ARTICLE V OF CHAPTER 78 OF THE CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR INCORPORATION INTO APPENDIX B, SCHEDULE OF FEES, OF THE CITY CODE; PROVIDING FOR REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes,except when expressly prohibited by law; and WHEREAS, Section 166.201, Florida Statutes,provides that a municipality may raise by user charges or fees authorized by ordinance, amounts of money necessary for the conduct of municipal government; and WHEREAS, Article V of Chapter 78 of the Cape Canaveral City Code establishes a stormwater utility and provides for the City to be responsible for its operation, construction, maintenance and repair; and WHEREAS, Section 78-300 of the City Code authorizes a stormwater fee be imposed on each and every developed property in the City unless otherwise exempt; and WHEREAS, on February 18, 2003, the City Council adopted Ordinance No. 2003-06, establishing the initial stormwater fee; and WHEREAS, on November 15, 2011, the City Council adopted Resolution No. 2011-29, establishing the current stormwater fee; and WHEREAS, the current storrnwater fee is no longer sufficient to offset the costs incurred by the City for future stormwater improvement and maintenance projects; and WHEREAS, it is now incumbent upon the City Council to revise the City's stormwater fee as set forth herein; and WHEREAS,the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated herein by this reference as part of this Resolution. Section 2. Stormwater ERU Rate. The City Council of the City of Cape Canaveral hereby amends the ERU rate to be charged as the City's stormwater management utility fee, as authorized by Section 78-300(1) of the City Code,to be as follows: • $6.00 per month per ERU for calendar year 2017; • $7.00 per month per ERU for calendar year 2018; • $8.00 per month per ERU for calendar year 2019; City of Cape Canaveral Resolution No. 2016-12 Page 1 of 2 • $9.00 per month per ERU for calendar year 2020; and • $10.00 per month per ERU for calendar year 2021. The need and justification for amendment of this rate is set forth in the attached analysis and data contained in Exhibit"A", fully incorporated herein by this reference. Section 3. Incorporation into Appendix B, Schedule of Fees, of the Code of Ordinances. The ERU rate shall be incorporated into Appendix B, Schedule of Fees, of the Cape Canaveral Code of Ordinances and any section or paragraph number or letter and any heading may change or be modified as necessary to effectuate the foregoing. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. Section 5. Severability. If any section, clause, phrase, word or provision is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive or procedural reasons, 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 Resolution shall become effective immediately upon adoption. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of August, 2016. Bob Hoog, Mayor ATTEST: Name FOR AGAINST John Bond _ Mia Goforth, Mike Brown City Clerk Bob Hoag Brendan McMillin Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2016-12 Page 2 of 2 Exhibit A City of Cape Canaveral Stormwater Utility 94&CE a`1'O Go 0 111.4 ,110 v s"■'=ter:_ CITY OF CAPE CANAVENAL CITY OF CAPE CANAVERAL STORMWATER UTILITY Background and Purpose. The City Council adopted Ordinance No. 2003-06 in February 2003 establishing a Stonnwater Utility, the purpose of which is to provide funding for (1) the operation, construction, maintenance and repair of stormwater facilities; (2) stonnwater system permitting and planning; and (3) treatment/management of stormwater (i.e,water quality). The Program was implemented in January 2004 with a $3.00 Stormwater Utility Fee charged per each equivalent residential unit (ERU) - with an ERU value defined by Section 78-277 as 2,074 square feet —and generated approximately $350,000 in annual revenue. The beneficiaries of the stormwater system include all real properties within the City which benefit by the provision, operation and improvements to the system. Such benefits may include,but are not limited to, (1) the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater; (2) the reduction of hazards to property and life resulting from stormwater runoff; (3)the improvement in general health and welfare through reduction of undesirable stormwater conditions; and (4) the improvement to water quality in the storm and surface water system and its receiving waters (Indian River Lagoon [IRL] system). The City Council adopted Resolution No. 2011-29 in November 2011 approving an increase in the Stormwater Utility Fee from $3.00 to $5.00 per ERU,effective in January 2012. A number of new regulations were adopted or were soon to be adopted by Florida Department of Environmental Protection (FDEP) further regulating stormwater discharges to the State's surface water bodies. In addition, well publicized environmental conditions in the IRL system continued to deteriorate due to the presence of algae blooms,high concentrations of nutrients,high levels of turbidity, etc. This increase in the Stonnwater Utility Fee generated annual revenue of approximately $580,000. The additional funds were used to construct stormwater treatment/management facilities, perform maintenance activities and provide funding for personnel. State Regulatory Stormwater Requirements. The FDEP requires that the City maintain a Municipal Separate Storm Sewer System(MS4) National Pollutant Discharge Elimination System (NPDES) Permit, which defines the activities that the City must perform to collect, treat and discharge stormwater. The Permit is updated every year and submitted for approval to the FDEP. Funds from the Stonnwater Utility are used for Staff costs to maintain the Permit. A relatively new FDEP Program for the management of stonnwater is known as the Total Maximum Daily Load(TMDL) Program, which requires states to define state-specific water quality standards for various designated uses and to identify waterbodies for which the ambient water quality has been determined to not meet established standards. Waterbodies that do not achieve such water quality standards as a result of human-induced conditions are to be considered impaired. Specificall y, the TMDL Program requires that municipalities reduce concentrations of nitrogen and phosphorous in stormwater over a 15-year period beginning in February 2013. Enforcement of the Program is through the Basin Management Action Plan (BMAP), which details projects and educational programs needed to reach the nutrient reduction goals. The City has met the nutrient reduction goals for the first five years and a significant portion of the nutrient reduction goals for the second five years of the TMDL Program, and continues to work toward meeting the 15-year nutrient reduction goals which are as follows: • 8,845 pounds of total nitrogen (TN)per year; and • 2,276 pounds of total phosphorous (TP) per year. Updated Stormwater Master Plan. To identify specific stormwater improvement/management projects to meet TMDL nutrient reduction goals,Allen Engineering, Inc., was tasked to revise the City's Stonnwater Master Plan (SWMP) in 2014.The City's initial SWMP was prepared in 2000 by Stottler Stagg and Associates, Inc., and was outdated. The major goals and objectives of the new SWMP were as follows: • Collection of background data and existing computer models from regulatory agencies (e.g., FDEP and St. Johns River Water Management District [SJRWMD]) to be used as a geodatabase for detailed hydrologic studies; • Performance of computer modeling to determine additional credits, if any, which may be acquired from the TMDL Program for projects already completed by the City (e.g., exfiltration projects); • Recommendation of additional stormwater improvement/management projects (i.e.,based upon computer modeling analyses, research of scientific literature, etc.) not already included in the City's Capital Improvement Plan (CIP); • Performance ofcomputer modeling to determine total nitrogen and total phosphorous loads from each of the City's drainage basins; and • Performance of computer modeling to determine maximum potential TMDL credits for proposed water quality improvement projects. Implementation of selected projects identified in the SWMP will allow the City to meet and exceed TMDL nutrient reduction goals for the entire 15-year Program.The proposed projects are listed in the attached Table. Cost Projections. Review of the projects included in the attached Table indicates a total projected cost of 53.283,170 for completion of the identified stormwater improvement/management projects during the next five years. However, the Stormwater Utility Fee is also used to fund routine maintenance of the City's stormwater system including, but not limited to, the following: • Contract services (street sweeping, mowing, etc.); • Systems maintenance (upgrade of baffle boxes, installation of new inlets, curbing replacement, etc.); and • Equipment maintenance. The Stormwater Utility Fee is also used to fund a portion of the costs for a City employee to maintain the City's NPDES permit (stormwater permit) as well as a portion of the costs for the City's Inmate Crew. These maintenance and personnel costs vary from year to year but average approximately $350,000 per year. Therefore, estimated costs for stormwater construction, maintenance activities and personnel costs for the next five years are $5,033,170 (see attached Table). Proposed Stormwater Utility Fees, The current Stormwater Utility Fee of $5.00 per ERU (approximate revenue of$580,000 per year) has not been increased since January 2012 and does not provide enough revenue to perform stormwater improvement/maintenance tasks for the next five fiscal years.Therefore, to fund the proposed stormwater improvement projects, maintenance activities and personnel costs discussed above and to meet future requirements of state regulatory agencies, Staff is proposing the following Stormwater Utility Fees with estimated annual revenues in parentheses: January 2017: Single Family Residential Flat Rate(1.0 ERU) - $6.00 Mobile Homes (0.79 ERU) - $4.74 Multi-Family Residential (1.0 ERU per number of units) Commercial—variable (impervious area/2,074 square feet x $6.00) January 2018: Single Family Residential Flat Rate (1.0 ERU) - $7.00 Mobile Homes (0.79 ERU) - $5.53 Multi-Family Residential (1.0 ERU per number of units) Commercial — variable (impervious area/2,074 square feet x $7.00) January 2019: Single Family Residential Flat Rate (1.0 ERU) - $8.00 Mobile Homes (0.79 ERU) - $6.32 Multi-Family Residential (1.0 ERU per number of units) Commercial —variable (impervious area/2,074 square feet x $8.00) January 2020: Single Family Residential Flat Rate (1.0 ERU) - $9.00 Mobile Homes (0.79 ERU) -$7.11 Multi-Family Residential (1.0 ERU per number of units) Commercial —variable (impervious area/2,074 square feet x $9.00) January 2021: Single Family Residential Flat Rate(1.0 ERU) - $10.00 Mobile Homes (0.79 ERU) - $7.90 Multi-Family Residential (1.0 ERU per number of units) Commercial — variable (impervious area/2,074 square feet x $10.00) Total for Next Five-Year Period: $4,636,900 The shortfall in funds to complete the proposed projects and maintenance activities in the next five years will possibly be offset by the acquisition of grants from a number of sources (FDEP, SJRWMD, etc.). 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U >, v a1 E L3 cc 3 a C.) U_ S U U U .c .� X = U U H z = R ;7 City of Cape Canaveral 844' ' City Council Agenda Form City Council Meeting Date: 8/16/2016 Item No. 3 Subject: Resolution No. 2016-14; appointing and reappointing Members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Albert Franks, Jr., John Price and R. Lamar Russell) Department: Legislative Summary: Mr. Franks was interviewed at the October 7, 2015 Planning&Zoning Meeting to fill a vacancy, where the Board voted 5-0 to recommend Mr. Franks be appointed as an alternate member. There now exists another vacancy and it is incumbent upon the Council to appoint a Regular Member to the Planning &Zoning Board. The terms for Planning and Zoning Board Members John Price and R. Lamar Russell will expire September 15,2016. Both expressed a desire to continue serving on the Board for the additional three year terms (Attachment 1). Mr. Price has been serving on the Board since September 18, 2012; Mr. Russell has been serving on the Board since May 6, 1980. Following completion of their second terms, these appointees may be eligible for reappointment to the Planning and Zoning Board for additional terms, if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in section 2-171(f), City Code. It is now incumbent upon the City Council to reappoint each to said Board. Submitting Department Director: Mia Gofort Date: .71/20i6 6 Attachments: (1) Expiration Notices. (2) Resolution No. 2016-14. Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative[Financial � Services Director: John DeLeo Date: 7/1(1 The City Manager recommends that City CouncilTe e the following action: Adopt Resolution No. 2016-14. Approved by City Manager: David L. Greene(9'13- Date: 7/. J /4 Attachment 1 iLi City of Cape Canaveral Cl rj OF (APF LAri4vfltAL. July 5,2016 John Price 161 Majestic Bay Ave,Unit 301 Cape Canaveral,FL 32920 Dear Mr. Price: Your term on the Planning and Zoning Board will expire on September 15,2016. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3-year term and return this Notice to your Board Secretary or the City Clerk's Office using the enclosed stamped,self-addressed envelope. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for August 16,2016 (your presence at which is not required). Olt I DO wish to be considered for reappointment. 0 I DO • i` . i to be considered for reappointment. Ai a.7 ® - �— (Signature) JO PRICE,Chairperson Sincerely, c__---7 v - 1 11.2 Mia Goforth City Clerk Encl: SASE 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • FAX (321) 868-1248 www.cityolexpecanaverai.org • email:infoecityyo€capecanaveral.org LTA 1 10 City of Cape Canaveral 1 July 5,2016 R. Lamar Russell 376 Harbor Dr. Cape Canaveral,FL 32920 Dear Mr. Russell: Your term on the Planning and Zoning Board will expire on September 15,2016. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3-year tenn and return this Notice to your Board Secretary or the City Clerk's Office using the enclosed stamped,self-addressed envelope. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for August 16,2016 (your presence at which is not required). le I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. al/ X444`4 ��.,� (Signature) R. LAMAR RUSSELL,Vice Chairperson Sincerely, Mia Goforth City Clerk Encl: SASE 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • FAX (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org Attachment 2 RESOLUTION 2016-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AND REAPPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL;PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 110-3 established a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Member and reappoint Members to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to Planning and Zoning Board pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individual to the Board indicated below: Albert Franks,Jr. shall be appointed to the Planning and Zoning Board,to serve until September 15, 2019. Following the completion of his first term, this appointee shall be eligible for reappointment to the Planning and Zoning Board for one additional term consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Reappointment to Planning and Zoning Board pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Board indicated below: John Price and R. Lamar Russell shall be reappointed to the Planning and Zoning Board,to serve until September 15, 2019. Following completion of their second terms,these appointees may be eligible for reappointment to the Planning and Zoning Board for additional terms, if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in section 2-171(0, City Code. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. City of Cape Canaveral Resolution No. 2016-14 Page 1 of 2 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date.This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of August, 2016. Bob Hoog,Mayor ATTEST: Name FOR AGAINST John Bond Mia Goforth, Mike Brown City Clerk Bob Hoog Brendan McMillin Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2016-14 Page 2 of 2 "4t°4 City of Cape Canaveral J r City Council Agenda Form - City Council Meeting D4ate: 08/16/2016 Item No. Subject: Resolution No. 2016-15; supporting a Countywide Referendum for a Special Assessment Millage Funding Source for Indian River Lagoon (IRL)Restoration; supporting the IRL Restoration Plan developed by Brevard County Natural Resources Management Department;providing for repeal of prior inconsistent resolutions; severability; and an effective date. Department: Public Works Services Summary: The Brevard County Board of County Commissioners is considering the passage of Resolution No. 2016-�(Attachment#1) calling for a Countywide Save Our Lagoon 1/2 Mill Ad Valorem Tax Referendum to appear on the November 8,2016 ballot. If approved by voters,the %2 mill tax would provide $302.8 million over a ten-year period to finance, plan and construct capital projects, capital maintenance and other projects and programs for the restoration of the IRL, and for the acquisition of any interest in land for public recreation, conservation or protection of natural resources. The Brevard County Draft Resolution is a result of the findings of a recent study completed by Brevard County Natural Resources Management Department entitled"Save Our Lagoon Project Plan for Brevard County, Florida" (Plan). Brevard County commissioned the study in response to severe fish kills in March 2016, and after State officials had asked for a specific list of potential future IRL cleanup projects that the State could help fund. Although cleanup of the IRL will be costly, the Plan concludes that the IRL has a total current value of$6 billion tied to its restoration. There are approximately $2 billion in benefits from restoring the IRL and an estimated$4 billion in damages if the IRL is not brought back to health during the next decade. The proposed ballot language for the Referendum is as follows: Save Our Indian River Lagoon '/2 Mill Countywide Ad Valorem Tax Referendum To restore the Indian River Lagoon through financing,planning, constructing,maintaining and operating capital improvements and capital maintenance projects and programs designed to improve water quality, fish, wildlife and marine habitat, remove muck and reduce pollution, shall a resolution be approved levying a %2 mill countywide ad valorem tax for ten years and requiring deposit of all revenue to a Save Our Lagoon Trust Fund solely for such projects, with citizen committee oversight and annual independent audits? YES, to indicate approval NO, to indicate rejection Proposed Plan Projects. Based upon findings of the Plan, two-thirds of the proposed funding would be used for dredging muck from the IRL. Other projects include fertilizer management and public education, as well as stormwater projects, which average about $100 per pound of nitrogen removed annually.Muck removal accounts for the greatest nitrogen removal in the IRL Plan (491,300 pounds of nitrogen per year). The Plan includes $10.8 million in stormwater projects throughout the IRL watershed to cut 118,440 pounds of nitrogen and 17,026 pounds of phosphorus per year ($88 per pound yearly for nitrogen and $612 per pound per year for phosphorus removed). The Plan also recommends the continued building of oyster reefs and vegetated "living shorelines" with a cost of$10 million which would remove 21,120 pounds of City Council Meeting Date: 08/16/2016 Item No. 4 Page 2 of 2 nitrogen annually from the IRL ($473 per pound per year) and 7,181 pounds of phosphorus ($1,393 per pound per year). The Plan recommends spending another $9.4 million on sewer plant upgrades for reclaimed water to cut 40,778 pounds of nitrogen each year ($214 per pound per year) and a yet to be determined amount of phosphorus. Septic system removal accounts for$41.7 million of the Plan to cut 56,509 pounds of nitrogen per year ($852 per pound). Other targeted action includes linking septic systems to the central sewer system or upgrading them to advanced treatment systems that remove much more nutrients and pathogens than traditional septic tanks. The Plan would spend $22.2 million on septic tank upgrades to remove 27,659 pounds of nitrogen per year($802 per pound). The Plan also includes$10 million for scientific and other monitoring of projects to determine the most cost-effective cleanups. In total, implementation of the Save the Lagoon Project Plan would remove an estimated 755,000 pounds of nitrogen and 98,000 pounds of phosphorus per year. Dr. Duane De Freese, Executive Director of the IRL Program, stated that Brevard's Plan is a good starting point and example of adaptive management. "I think it's a solid plan. The County staff need to be congratulated, because they had a very limited amount of time to put this kind of detail together," De Freese said. "We needed to have at least some guidance."The cover page and table of contents to the Save Our Lagoon Project Plan is included as Attachment#2. A link to the complete Plan is as follows: http://www.brevardcounty.us/NaturalResources/Home. Staff Recommendation: Staff recommends that City Council adopt Resolution No. 2016-15 (Attachment#3)supporting the countywide Referendum for the IRL Restoration Plan.Adequate funding will be required for the future protection and ecological rehabilitation of the IRL system. Submitting Department Director: Joshua Surprenant �) Date: S( ' ("yo I (� Attachments: #1 —Brevard County Resolution No. 2016- #2—Cover Page/Table of Contents for Save Our Lagoon Project Plan for Brevard County, Florida #3 —City of Cape Canaveral Resolution No. 2016-15 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial 1\, Services Director: John DeLeo Date: The City Manager recommends that City Council to the following actions. Adopt Resolution No. 2016-15. Approved by City Manager: David L. Greene 01,4- Date: 8/va Attachment #1 Brevard County Resolution No. 2016- Attachment B MILL AD VALOREM TAX: IRL only RESOLUTION 2016- AN RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA,CALLING A COUNTYWIDE SAVE OUR LAGOON '/MILL COUNTYWIDE AD VALOREM TAX REFERENDUM ELECTION ON NOVEMBER 8, 2016 WITHIN THE TERRITORIAL LIMITS OF BREVARD COUNTY ON THE QUESTION AS TO WHETHER THE BOARD OF COUNTY COMMISSIONERS SHOULD LEVY A '/ MILL COUNTYWIDE AD VALOREM TAX FOR FINANCING THE COUNTY'S SHARE OF THE COST FOR THE SAVE OUR LAGOON PROJECT PLAN; PROVIDING FOR FINDINGS; CALLING A REFERENDUM; PROVIDING FOR NOTICE OF THE REFERENDUM; PROVIDING FOR BALLOT LANGUAGE; APPROVAL OF SAVE OUR LAGOON PROJECT PLAN; PROVIDING FOR LEVY OF THE % MILL COUNTYWIDE AD VALOREM TAX FOR RESTORATION OF THE INDIAN RIVER LAGOON; CREATING A SAVE OUR INDIAN RIVER LAGOON PROJECT TRUST FUND; SAVE OUR ADVISORY COMMITTEE; PROVIDING FOR,SEVERABILITY; REPEALER; AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY,FLORIDA: SECTION 1. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to Chapter 125, Florida Statutes, Section 101.161, Florida Statutes and all other applicable provisions of law,including Florida election laws. SECTION 2. FINDINGS The County Commission hereby finds and determines as follows: A. That the Board of County Commissioners has the discretionary authority to pass an Resolution calling a referendum on the issue as to whether a %2 mill countywide ad valorem tax should be approved to finance, plan, and construct capital projects, capital maintenance and other projects and programs for the restoration of the Indian River Lagoon, and for the acquisition of any interest in land for public recreation, conservation, or protection of natural resources; B. Sections 163.3164(38) Statutes all define the term `'public facilities" to include parks and recreational facilities. C. Chapter 163.3177 requires every county to include a recreation and open space element in their comprehensive plan. The relevant section of that statute reads as follows: Fla. Stat. § 163.3177: (6)(e) A recreation and open space element indicating a comprehensive system of public and private sites for recreation, including,but not limited to, natural reservations,parks and playgrounds, parkways, beaches and public access to beaches, open 1 1/4 MILL AD VALOREM TAX: IRL only spaces, waterways, and other recreational facilities. D. In the Brevard County comprehensive plan, the term "open space"and "recreation" are defined as follows: I. Open Space- lands and water not covered by structures including agriculture, which are suitable for passive recreation or conservation use. 2. Recreation-the pursuit of leisure time activities occurring in an indoor or outdoor setting. E. In turn. the term "passive recreation" is defined as: 1. Passive Recreation - recreation uses where very minimum alteration of vegetation, topography or other native feature is necessary, for the enjoyment of the site amenities. Activities which are considered passive include,but are not limited to, hiking,bicycling, nature observation, camping,non-motorized boating, rowing, swimming, picnicking, archaeological or historic preservation. F. As defined in the Comprehensive Plan Glossary, the term "passive recreation" includes activities such as sailing, rowing, swimming, nature observation and, though not listed, would also include sailboarding and non-motorized recreational fishing—all of which are activities commonly undertaken on the Indian River Lagoon, and all of which depend upon a swimmable and fishable quality of waterallowing the lagoon to function as a natural "passive recreation" "open space", "public recreational facility" and a "public site for recreation." G. The recognition of the Lagoon's availability and contemplated use for passive recreation is found in the Coastal Management element of the comprehensive plan in Policy 11.9 which reads: 1. "Brevard County shall investigate the feasibility of acquiring narrow strips of land along the Indian River Lagoon, where such areas could provide visual access or provide parking for passive recreation within the Lagoon." H. As an open water body,the Indian River Lagoon also falls within the scope of numerous goals, policies and objectives found in the recreation and open space element of the plan relating to passive recreation.2 http://www.dep.state.fl.us/water/wgssp/c lasses.him 2 Recreation And Open Space Element GOAL 1 PROVIDE A PARK AND OPEN SPACE SYSTEM WHICH OFFERS OPPORTUNITIES FOR A VARIETY OF PASSIVE AND ACTIVE RECREATION,PROMOTES VISUAL APPEAL AND PROVIDES RELIEF FROM EXPANSES OF DEVELOPMENT. 2 %2 MILL AD VALOREM TAX: IRL only I. "The U.S. Environmental Protection Agency (EPA) designated the lagoon as "an estuary of national significance" in April 1990 and included the lagoon in the National Estuary Program. The Indian River Lagoon National Estuary Program is a partnership whose members work to improve the water quality and ecological integrity of the I 56-mile-long estuary on Florida's east coast. The St. Johns River and South Florida water management districts, the five counties that border the lagoon — Brevard, Indian River, Martin, St. Lucie and Volusia — and representatives of state, federal and regional governments and agencies make up the Indian River Lagoon Advisory Board, charged with guiding and overseeing the lagoon's protection and restoration." http://www.cakex.org/directorylorganizations/indian-river-lagoon-national-estuary- program J. With regard to the function and restoration of water quality in the Indian River Lagoon, the Florida Legislature has made the following findings: 1. The Indian River Lagoon system has been targeted by the state as a priority water body for restoration and preservation since the 1987 Surface Water Improvement and Management Act; 2. Coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base; Parks and Open Space System Objective 1 Provide a system of parks and open space to meet the recreational needs of the public. Policy 1.6 Develop and enhance existing parks and open space sites to provide additional recreational facilities based on the recreational needs of the public and as funding become available. GOAL PROVIDE A COMPREHENSIVE PROGRAM OF ACTIVE AND PASSIVE RECREATION THAT MEETS THE NEEDS OF THE PUBLIC. Objective I To ensure that Brevard's waterways are a publicly-accessible local system of waterways linked to a larger regional system that contributes to the greatest possible recreational and commercial access to the navigable waters of the State of Florida in a manner that does not jeopardize their environmental values. Policy 1.1 By 2011,the County shall identify,inventory and characterize its system of waterways in terms of use, capacity and relationship to recreational and commercial working waterfronts. Public and Private Partnerships Objective 4 Coordinate public and private resources to meet recreational demands. 3 'A MILL AD VALOREM TAX: IRL only 3. The St. Johns River and South Florida Water Management Districts have jointly developed a management plan that includes water quality improvement, habitat restoration, and public awareness and education; and 4. The Legislature supports the restoration efforts of the water management districts.3 K. The Board of County Commissioners finds that the Brevard County Comprehensive Plan, the Save Our Lagoon Project Plan presented with this Resolution, along with the Indian River Lagoon Comprehensive Conservation and Management Plan4 referenced in the Surface Water Management Element of the Brevard County Comprehensive Plan, and the goals, objectives and policies in each respective plan, as set forth in the following subparagraph R, all contemplate and provide for improvements designed to restore the water quality, habitat, conservation and recreational function of the Indian River Lagoon: L. Brevard County Comprehensive Plan: Surface Water Management Element: Policy 1.3: The Natural Resources Management Office shall be the lead agency for the development and implementation of the Master Stormwater Management Plan and shall coordinate its efforts with the St. John's River Wter Management District on the Indian River Lagoon Comprehensive Conservation and anagement Plan (CCMP), Total Maximum Daily Loads (TMDL's) and the National Pollex ion Discharge Elimination System (NPDES) permit schedule and requirements. Indian River Lagoon Comprehensive Conservation and Management Plan: As part of the effort to coordinate and compliment the IRL SWIM and IRL CCMP plans, the IRL NEP adopted the three IRL SWIM goals: Goal 1: To attain and maintain water and sediment of sufficient quality to support a healthy estuarine lagoon ecosystem; Goal 2: To attain and maintain a functioning, healthy ecosystem which supports endangered and threatened species, fisheries, commerce and recreation; Goal 3: To achieve heightened public awareness and coordinated interagency management of the Indian River Lagoon ecosystem. The IRL NEP added one additional goal to the CCMP relating to the identification of long term funding resources for implementation of the CCMP's recommendations: Goal 4: To identify and develop long-term funding sources for prioritized projects and programs to preserve,protect, restore and enhance the Indian River Lagoon system. Objective: Develop and implement a coordinated scientific conservation and management strategy to preserve, protect and restore biodiversity in the Indian River Lagoon. Point Source Discharges Action Plan Objective: To ensure compliance with the Indian River Lagoon Act and to reduce or 3 Fla. Stat. §320.08058(a) 4 https://www.epa.gov/sites/production!files/2015-09/documents/ecmp update 2008 final.pdf 4 f2 MILL AD VALOREM TAX: IRL only eliminate, where possible, industrial and domestic wastewater discharges to the Indian River Lagoon PS-1 Ensure compliance with the Indian River Lagoon Act, Chapter 90-262, also known as the Indian River Lagoon Act. PS-3 Reduce or eliminate industrial discharges to the Indian River Lagoon. On-Site Sewage Treatment and Disposal Systems Action Plan Objective: Determine the impacts on on-site sewage treatment and disposal systems (OSTDS)on the resources of the Indian River Lagoon and to develop and implement strategies to address these impacts. OSDS-4: Promote the connection of areas served by OSTDS to central sewer service or, where connection to central sewer is not feasible, promote the development and use of alternative or advanced OSTDS technologies offering improved treatment in areas identified in the IRL SWIM studies as "problem" or"potential problem" for OSTDS. Identify and publicize potential funding sources that could be used to connect areas served by OSTDS to central sewer or support the development and use of alternative or advanced OSTDS technologies. Fresh and Storm Water Discharges Action Plan Objective: To develop and implement strategies to address the impacts of freshwater and stormwater discharges on the resources of the Indian River Lagoon. FSD-4 Develop and implement best management practices(BMPs) for the management of stormwater, agricultural and fresh water discharges. FSD-6 Reduce the impacts of muck on the Indian River Lagoon. FSD-10 Encourage the proper use of fertilizers,herbicides,pesticides and reuse water. FSD-11 Educate residents and property owners about the impacts of freshwater and stormwater discharges on the Indian River Lagoon and what they can do to reduce these impacts. FSD-12 Continue reviews of plans of reclamation for water control districts and the standard operating procedures and project works of each large drainage system and agricultural drainage system. Develop and implement strategies to reduce discharges and pollutant loadings to the Indian River Lagoon from these sources. FSD-13 Upgrade existing urban and agricultural stormwater systems to reduce pollutant loadings to the Indian River Lagoon. 5 '/2 MILL AD VALOREM TAX: IRL only FSD-14 Develop and implement appropriate mechanisms to fund and undertake the operation, maintenance and improvement of urban and agricultural stormwater management systems to reduce pollutant loadings Seagrass Protection, Restoration And Management Action Plan Objective: To protect and restore seagrass integrity and functionality in the Indian River Lagoon by reducing anthropogenic impacts and attaining and maintaining water quality capable of supporting a healthy,productive and sustainable submerged aquatic vegetation community meeting the seagrass coverage and depth targets developed by the water management districts for the Indian River Lagoon. SG-1 Implement a program of protection, restoration and management activities needed to maintain, protect and restore the seagrass/SAV community of the Indian River Lagoon. Wetlands Action Plan Objective: Preserve, protect, restore and enhance the wetland resources of the Indian River Lagoon region. W-5 Continue the restoration and rehabilitation of impacted or impounded coastal wetlands. Fisheries Action Plan Objective: Conserve,protect, and restore the fin and shellfish resources of the Indian River Lagoon F-1 Conserve, protect, restore and manage the finfish and shellfish resources in the Indian River Lagoon region. Public Involvement and Education Action Plan Objective: Facilitate implementation of the Indian River Lagoon (IRL)Comprehensive Conservation and Management Plan (CCMP) through public involvement and education. PIE-1 Implement and expand public involvement and education projects or programs. PIE-4 Increase public and governmental involvement in activities designed to protect and restore the resources of the Indian River Lagoon. PIE-5 Strategically prioritize and implement public education programs based on pollution potential,perceived likelihood for behavior change, resource availability, and opportunities that arise. Brevard County Comprehensive Plan: Surface Water Management Element: Policy 1.7 Brevard County should continue the public information program on the value of stormwater management. The County should continue to coordinate this program with Natural Resource Conservation Service(NRCS),the Indian River Lagoon National Estuary Program and 6 'h MILL AD VALOREM TAX; IRL only other appropriate agencies. Policy 4.11 Brevard County will continue to identify and map point and nonpoint sources of pollution within the Indian River Lagoon system and watershed to identify and reduce point and nonpoint sources of pollution. This program shall be coordinated with other federal, state and local agencies. Conservation Element Policy 3.3 Brevard County shall continue to make efforts to prevent negative impacts of development in and adjacent to the Indian River Lagoon and its tributaries designated as Class II waters, Aquatic Preserves and Outstanding Florida Waters by implementing and revising as necessary, the Surface Water Protection Ordinance... Policy 3.4 Brevard County shall continue to prevent negative impacts of development in and adjacent to Class III waters (except Outstanding Florida Waters and Aquatic Preserves) along the St. Johns River and Indian River Lagoon and its tributaries by implementing and revising as necessary, the Surface Water Protection Ordinance... Policy 3.8 When deemed necessary to meet State-mandated water quality standards, Brevard County may establish setbacks from the shoreline of the Indian River Lagoon for septic tanks and drainfields. Such setbacks shall at a minimum, be in accordance with F.S. 381.0065(4), as may be amended. In those cases where there is insufficient lot depth to meet County- established setbacks more stringent than those established by State statute, septic tanks and drainfields shall be located in accordance with F.S. 381.0065(4), as may be amended. Policy 3.10 Brevard County shall continue to work with the St. Johns River Water Management District(SJRWMD), FDEP, and Indian River Lagoon Program(IRLP) and other appropriate agencies in developing appropriate water quality standards for estuarine waters within the Indian River Lagoon. Policy 3.11 Brevard County shall continue to support programs for plugging free-flowing artesian wells, with highest priority being given to those adjacent to the Lagoon. Policy 3.13 Brevard County strongly supports the designation of the Indian River Lagoon from SR 405 north to the County line as an Aquatic Preserve. Policy 3.15 By 2013, the County shall establish appropriate protective measures along conveyance systems and tributaries of the St. Johns River and Indian River Lagoon to meet State and Federal water quality standards. M. In January through March 2016, Brevard County residents endured the most extensive and intensive algal bloom ever recorded in the Indian River system during winter/spring months. The collapse of this bloom in March resulted in one of the most extensive fish kills ever recorded in the county. The winter/spring 2016 bloom followed an algal super bloom that occurred in 2011, brown tides that followed in 2012, 2013 and 2015, and unusual mortality events for dolphins, manatees and pelicans. N. On March 29, 2016 the Board of County Commissioners voted to send a letter to the Governor requesting assistance. The Governor sent the leadership of multiple state agencies to assess the fish kill and meet with County staff and members of the Legislative delegation to discuss solutions and resource needs. The County was advised to develop a project plan to include a comprehensive list of projects to restore lagoon health, estimate the 7 1/2 MILL AD VALOREM TAX: IRL only funding needs for those projects and determine a timetable for implementation. With such a plan, the County would be in a better position to seek dedicated cost-share from the FL Legislature. O. On April 7, 2016 the County Commission directed staff to develop a Save Our Lagoon Project Plan to restore health to the lagoon and explore dedicated funding mechanisms to fund the entire plan or provide the local match needed to leverage State appropriations and other grants. P. The proposed Save Our Lagoon Project Plan includes a portfolio of projects to Reduce primary sources of pollution (including excess fertilizer, septic systems, nutrient rich reclaimed water, and stormwater); Remove historical pollution that is now accumulated in muck deposits that smother seagrass, cloud the water column, release nutrients and deplete oxygen; Restore natural stabilization and filtration systems (including oyster bars and living shorelines); and a process to monitor project implementation, efficiency, and cost-effectiveness with a volunteer citizen oversight committee to Respond to monitoring data, new technology, changing conditions, alternative project proposals and recommend plan revisions to the County Commission annually. The projected cost of the proposed plan is $302,881,000. SECTION 3. REFERENDUM. A referendum election is hereby called and ordered to be held in Brevard County at the time of the next general election to be held on November 8, 2016 to determine whether the board of county commissioners should levy a 1/2 mill countywide ad valorem tax for financing the county's share of the cost for the Save Our Lagoon project plan. SECTION 4. NOTICE OF REFERENDUM. This Resolution shall be published twice in full as part of the Notice or the Referendum Election, together with a notice in substantially the form attached hereto as Exhibit "K' in Florida Today, a newspaper of general circulation in the County. The publications shall occur once in the fifth week and once in the third week prior to the week which includes November 8, 2016. SECTION 5. NOTICE TO SUPERVISOR OF ELECTIONS. Upon adoption of this Resolution, notice of the calling of the referendum election provided for in this Resolution shall be delivered to the Supervisor of Elections. This Resolution shall not be implemented unless the Supervisor of Elections provides her consent to a date when the registration books can be available pursuant to Section 100.151, Florida Statutes. SECTION 6. PLACES OF VOTING, INSPECTORS, CLERKS. The polls will be open at the voting places on the date of the referendum during the times prescribed by law. All qualified electors residing within the County shall be entitled and permitted to vote at the referendum on the proposition set forth below. The places of voting and the inspectors and clerk for the referendum shall be those designated by the Supervisor or Elections of Brevard County. SECTION 7. OFFICIAL BALLOT. Ballots to be used in the referendum shall contain a statement of the description of the proposed issue whether to levy a /2 mill countywide ad 8 valorem tax for the County's share of the cost for restoration of the Indian River Lagoon and shall be in substantially the following form: BALLOT Brevard County, Florida Caption: Save Our Indian River Lagoon '4 Mill Countywide Ad Valorem Tax Referendum To restore the Indian River Lagoon through financing, planning,constructing, maintaining, and operating capital improvements and capital maintenance projects and programs designed to improve water quality, fish, wildlife and marine habitat, remove muck and reduce pollution, shall a resolution be approved levying a 'h mill countywide ad valorem tax for ten years and requiring deposit of all revenue to a Save Our Lagoon Trust Fund solely for such projects, with citizen committee oversight and annual independent audits? YES, to indicate approval NO, to indicate rejection SECTION 8. ABSENTEE VOTING. The form of ballots to be used in such referendum for absentee voters shall be the same as used at the polling places for said referendum or such other form as may be prescribed by law. SECTION 9. PRINTING OF BALLOTS. The Supervisor or Elections for Brevard County is hereby authorized and requested to (a) have sample ballots printed and to deliver such sample ballots to the inspectors and clerks on or before the date and time for opening of the polls for such referendum and (b) have official ballots for use in such referendum printed and delivered in accordance with law. SECTION 10. PAYMENT OF REFERENDUM EXPENSES. The County Manager is hereby authorized and directed to approve the payment of lawful expenses associated with conducting the referendum election and the Clerk of the Board of County Commissioners is hereby authorized and directed to disburse the funds necessary to pay such expenses. SECTION 11. VOTER REGISTRATION BOOKS. The Supervisor of Elections for Brevard County is hereby authorized and requested to furnish the poll workers, inspectors and clerks required at each place where the votes are to be cast in such referendum, as well as applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the County. 9 SECTION 12. ELECTION PROCEDURE. The referendum shall be held and conducted in the manner prescribed by law and shall, as soon as practicable, be returned and canvassed in the manner prescribed by law. The result shall show the number of qualified electors who voted at such referendum and the number of votes cast respectively for and against approval of the proposition. Upon certification in the manner prescribed by law, the results shall be recorded in the minutes of the Board of County Commissioners. SECTION 13. ELECTION RESULTS. If the majority of the votes cast at such a referendum shall vote for the proposition, the Resolution shall take effect and be implemented and administered by the Board of County Commissioners through its County Manager and designees. SECTION 14. APPROVAL OF SAVE OUR LAGOON PROJECT PLAN The Save Our Lagoon Project Plan (SOLPP), as presented to the Board of County Commissioners on August 23, 2016, is hereby approved and adopted. The implementation of the SOLPP shall be undertaken by the Brevard County Board of County Commissioners through and under the supervision of the County Manager or his designee, with citizen advisory input and coordination with the Indian River Lagoon Council and all state and federal agencies participating in the implementation of the SOLPP. SECTION 15. LEVY OF '12 MILL COUNTYWIDE AD VALOREM TAX FOR INDIAN RIVER LAGOON RESTORATION If the '/2 mill countywide ad valorem tax for the Indian River Lagoon restoration project is approved by a majority of the electors in the County,the Board of County Commissioners will levy that tax during the 2017-2018 budget cycle. The revenues from the 1/2 mill ad valorem tax will deposited and expended for Indian River Lagoon improvements,projects and programs, as specified in this Resolution. SECTION 16. SAVE OUR INDIAN RIVER LAGOON PROJECT TRUST FUND. If the county electorate approves the 1/2 mill countywide ad valorem tax provided for in this Resolution, the County Manager, or his designee in cooperation with the Board Finance division of the Office of the Clerk of the Circuit Court, shall create a Trust Fund reserved solely for the deposit of revenues derived from the approved tax. Thereafter, all revenues collected from the tax shall be deposited into the Trust Fund. Trust Fund expenditures shall be restricted to . 1. reasonable and necessary capital improvement, capital maintenance and other projects and programs implementing a) the Save Our Lagoon Project Plan, as adopted hereunder or as amended from time to time; b) in the Indian River Lagoon Conservation and Management plan, as amended from time to time; and/or c) with the approval of the Board of County Commissioners, the costs of any project or program identified and pursued in accordance with any future plan, as amended from time to time, enacted by the Indian River Lagoon Council created pursuant to the Indian River Lagoon National Estuary Program Interlocal Agreement dated February 10 19, 2015. Such reasonable and necessary expenses may include project permitting costs and the costs experts used in obtaining or consulting on the acquisition of such permits; 2. Costs of issuing bonds, including financial advisor fees; bond counsel fees; and bond validation attorneys and expert witness fees, if any are utilized; 3. any reasonable lagoon restoration related project or expense approved by the Board of County Commissioners, at its discretion, upon recommendation by the Save Our Lagoon Advisory Committee established hereunder; 4. Project related operation and maintenance expenses; 5. Save Our Lagoon Project Plan education and community awareness initiatives or programs; 6. any membership dues payable to the Indian River Lagoon Council. Such expenditures shall be made in accordance with established county contract, bidding and authorized administrative expense limitations, as set forth in Board policies and County Manager Administrative Orders. Such expenditures may include use for grant matching funds for federal, state or private contributions pledged for paying expenses or costs related to lagoon restoration projects, or repayment of bonds, if any, issued for financing the cost of capital improvement or capital maintenance projects related to the restoration of the Indian River Lagoon. SECTION 17. SAVE OUR LAGOON ADVISORY COMMITTEE There is hereby created an Indian River Lagoon Advisory Committee which shall consist of five members. Team members will represent the fields of Science, Technology, and Economics for Adaptive Management (STEAM). Three members shall be appointed by the Space Coast League of Cities and two members shall be appointed by the Brevard County Board of County Commissioners. Appointees will serve for a two-year term, after which time they may be considered for reappointment or replacement. The Committee will assist the County with the annual plan updates and may review any proposed capital improvement, project, program, audit or other matter presented to it by the Board of County Commissioners for a recommendation to the County Commission. In addition, the Committee shall meet at least annually to hear reports from the County Manager or his designee, detailing the progress and projections for ongoing implementation of and costs associated with the Save Our Lagoon Project Plan (SOLPP). The Committee may formulate a recommendation to the County Commission on any matter related to the implementation or revision of the SOLPP. In the process of formulating any recommendation to the Board of County Commissioners, the Committee shall be cognizant of and will consider input from municipalities, lagoon advocacy organizations,tourism, and real estate interests. SECTION 18. SEVERABILITY. In the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word,clause, sentence or paragraph hereof. 11 SECTION 19. REPEALING CLAUSE. All resolutions or other actions of the County which are in conflict herewith are hereby repealed to the extent of such conflict or inconsistency. SECTION 20. EFFECTIVE DATE. This Resolution shall take effect upon November 8, 2016 if the 1/2 mill countywide ad valorem tax is approved by a majority of the electors of the county voting in the referendum on that date. However,the Resolution shall not be implemented until such time as a) the Supervisor of Elections has consented to obtaining and making registration books available in accordance with Section 100.151, Florida Statutes; and b) election results demonstrate an affirmative vote of a majority of the electors has approved the Save Our Indian River Lagoon 1/2 mill countywide ad valorem tax.. DONE AND ADOPTED in Regular Session of the Board of County Commissioners of Brevard County, Florida this day of May,2016. ATTEST: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA By: Scott Ellis, Clerk Jim Barfield, Chair (as approved by the Board on August 23,2016) 12 Exhibit"A" NOTICE OF SAVE OUR SAVE OUR INDIAN RIVER LAGOON 'f MILL COUNTYWIDE AD VALOREM TAX REFERENDUM Pursuant to the provisions of Section 100.342, Florida Statutes, notice is hereby given that a referendum election shall be held on Tuesday, November 8, 2016, to determine whether the Brevard County Board of County Commissioners should levy a %2 cent mill countywide ad valorem tax for financing the county's share of the cost for the Save Our Lagoon Project Plan as described in the following Ordinance number 2016- adopted by the Board of County Commissioners of Brevard County, Florida on August 9, 2016: (Set forth adopted Resolution here) 13 Attachment #2 Cover Page/Table of Contents for the Save Our Lagoon Project Plan for Brevard County, Florida (Full report available at http://www.brevardcounty.us/NaturalResources/Homel Attachment A Save Our Lagoon Project Plan for Brevard County, Florida 1 irr.MIFius:�:a:.... m S II 1 I Ir r 1e e 0 * I1atI f II i4INIPI IP P LTL1'____. .... ___ ___ ___ _ -J_-- ..,..-_ -_ ,_„....- __.„ ___ _, _ _ \ s r .. ice- �.w.. z Prepared Lby: Prepared for: Tetra Tech, Inc. Brevard County illit 1558 Village Square Blvd, Suite 2 Natural Resources Management Department Tallahassee, Florida 32309 2725 Judge Fran Jamieson Way, Building A Phone: ($50} 536 $115 Viera, Florida 32940 Contract: 260070-14-009 CloseWaters LLC Task Order: 14-009-001 Closewaters, LLC 665 Seville Court iii0( Satellite Beach, Florida, 32937 revs rd Phone: (305) 814-2599 c 0 „ F, July 2016 July 2016 Save Our Lagoon Project Plan Table of Contents Acknowledgements iv List of Acronyms v Executive Summary vi Section 1. Background 1 1.1. Return on Investment and Economic Value 2 1.1.1 Areas of Economic Value at Risk ... 4 1.2. Managing Risk 5 Section 2. Approach 7 2.1. Plan Focus Area 7 Section 3. Pollutant Sources in the IRL Watershed 9 Section 4. Project Options 12 4.1. Projects to Reduce Pollutants 12 4.1.1 Fertilizer Management and Public Outreach and Education 13 4.1.2 WWTF Upgrades for Reclaimed Water 19 4.1.3 Septic System Removal and Upgrades 21 4.1.4 Stormwater Treatment 32 4.1.5 Surface Water Remediation System 39 4.2. Projects to Remove Pollutants 39 4.2.1 Muck Removal 39 4,2.2 Artificial Flushing 44 4.3. Projects to Restore the Lagoon 47 4.3.1 Oyster Restoration 48 4.3.2 Living Shorelines 49 4.4. Respond 50 4.4.1 Adaptive Management to Report, Reassess, and Respond 50 4.4.2 Research Needs 51 Section 5. Maximizing Benefits and Managing Risk 53 5.1. Project Selection to Maximize Return on Investment 53 Section 6. Summary of the Plan 55 Section 7. Funding Needs and Leveraging Opportunities 60 Section 8. References 62 Appendix A: Maps of the Septic System Removal Areas 66 Appendix B: Summary of Stormwater Projects 77 Prepared by Tetra Tech, Inc. and Closewaters, LLC i Attachment #3 City of Cape Canaveral Resolution No. 2016-15 RESOLUTION NO. 2016-15 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPORTING A COUNTYWIDE REFERENDUM FOR A SPECIAL ASSESSMENT MILLAGE FUNDING SOURCE FOR INDIAN RIVER LAGOON (IRL) RESTORATION; SUPPORTING THE IRL RESTORATION PLAN DEVELOPED BY BREVARD COUNTY NATURAL RESOURCES MANAGEMENT DEPARTMENT; PROVIDING FOR REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority under Section 2(b),Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the IRL is a unique, shallow-water estuary which spans 156 miles on Florida's east coast and which is a part of the National Estuary Program, the IRL being one of only 28 estuaries of National Significance in the country; and WHEREAS, seventy-one percent of the IRL's area, and nearly half its length, is within Brevard County and provides both residents and visitors with several opportunities and economic benefits; and WHEREAS, the IRL is both environmentally and economically important to Florida, generating more than $3.7 billion annually to the State; and WHEREAS, Section 90-149 of the City Code identifies the IRL as an area of special concern as to stormwater management in relation to development projects discharging into the IRL, requiring additional levels of treatment for water quality requirements than that which is required in other areas, which demonstrates the City's concern for the water quality of the IRL; and WHEREAS, the IRL has become one of the most vulnerable estuaries in Florida that is threatened throughout its geographic range and watershed by water quality decline, habitat alteration and loss, fisheries decline, loss of filter feeders and biological diversity, invasive exotic species, altered hydrologic flow, pathogens and toxic chemicals; and WHEREAS, the nutrient pollution sources represent the most serious threat to the IRL, with nutrient and pollutant loads that originate from inadequate design and aging infrastructure contaminating stormwater and groundwater (i.e., old sewer systems, wastewater management, sludge management, etc.), legacy nutrients already residing in the IRL as muck deposits, industry waste and pollutants and residential/commercial property owner activities and behaviors that negatively impact the IRL related to fertilizing, landscaping, application of pesticides/herbicides and other issues; and City of Cape Canaveral Resolution No.2016=15 Page 1 of 3 WHEREAS,in January through March 2016, Brevard County residents endured the most extensive and intensive algal bloom recorded in the IRL system, with the collapse of this bloom in March resulting in one of the most extensive fish kills ever recorded in Brevard County; and WHEREAS, Brevard County was advised by members of the Florida Legislative delegation to develop an IRL Restoration Plan with a comprehensive list of projects that include funding estimates and implementation timeframe, which would allow the County to compete for up to 40-50% cost-share from the State; and WHEREAS, the Brevard County Natural Resources Department has developed a $300 million, ten-year IRL Restoration Plan (Save Our Lagoon Projects Plan) that focuses on a collaborative effort between the Cities and Brevard County to "Reduce, Remove, Restore and Respond"to the pollution affecting the Lagoon; and WHEREAS, Brevard County has proposed a countywide funding proposal to be solely dedicated to projects outlined in the IRL Restoration Plan (Save Our Lagoon Project Plan), as amended from time to time, and is to consider a Resolution calling for a Save Our Indian River Lagoon 1/2 Mill Countywide Ad Valorem Tax Referendum election on November 8, 2016; and WHEREAS, the City Council of the City of Cape Canaveral desires to express support for the proposed countywide referendum for a funding source to fund IRL restoration projects (Save Our Lagoon Project Plan); and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated herein by this reference as part of this Resolution. Section 2. Support for the Proposed Countywide Referendum for a Funding Source for the Save Our Lagoon Projects Plan. The City Council of the City of Cape Canaveral hereby expresses its support for the proposed countywide referendum for a funding source to fund the projects outlined in the IRL Restoration Plan(Save Our Lagoon Projects Plan). Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. Section 4. Severability.If any section,clause,phrase,word or provision is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption. City of Cape Canaveral Resolution No. 2016-15 Page 2 of 3 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of August, 2016. Bob Hoag, Mayor ATTEST: Name FOR AGAINST John Bond Mia Goforth, Mike Brown City Clerk Bob Hoog Brendan McMillin Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2016-15 Page 3 of 3 r f. City of Cape Canaveral� . ,. City Council Agenda Form Meeting Date: 08116/2016 %arir Item No. 5 Subject: Resolution No.2016-16;authorizing a sixty(60)day extension of time for the property owners (Baugher and Lagges) to deliver to the City the Unity of Title Agreements in executed and recordable form in accordance with Resolutions No. 2016-03 and 2016-10; providing for 1 repeal of prior inconsistent resolutions, severability and an effective date. Department: Community Development Summary: At its March 22, 2016 Regular Meeting, the City Council approved Resolution No. 2016-03 that provided for two separate divisions of land related to two adjoining parcels (24- I 37-15-00-00752.0&24-37-15-00-00778.0)located along Astronaut Boulevard and the resulting Unity of Title(UOT). A condition was included in the Resolution that requires the executed and recorded Unity of Title Agreements be submitted to the City within 90 days of adoption of the Resolution (June 22, 2016) or it shall be deemed null and void. At its June 21, 2016 Regular Meeting, the City Council passed Resolution No. 2016-10 that extended the deadline 60 days to August 22, 2016. The applicant has all of the required approvals except for the City's Planning & Zoning Board recommendation related to the Site Plan. The P&Z Board is scheduled to consider this request on August 24, 2016. However, this date is after the August 22, 2016 deadline established by Resolution No. 2016-10. Staff recommends that an extension be granted for a period of 60 days to allow for the P&Z Board to consider the request for site plan approval and to allow time for the applicants to execute and submit to the City the UOT documents in recordable form. To that end, Resolution No. 2016-16 has been prepared, Should the UOT documents not be submitted by September 22, 2016, Resolution No. 2016-03 will become null and void. Submitting Director: David Dickey5 Date: I Attachments: 1 - Site Aerial 2 - Resolution No. 2016-03 3 - Resolution No. 2016-10 4- Resolution No. 2016-16 Financial Impact: Staff time and effort to prepare this Agenda Item. 1 Reviewed by Administrative/Financial Services Director: John DeLeo �. ; Date: I The City Manager recommends that City Council take the following action: Adopt Resolution No. 2016-16. Approved by City Manager: David L. Greene 0 4'1. Date: S) a I 16 IV.,_, . - .. • ' A -: --- •. ' .4 •: i a` ti '$. ., )1 11111:- :4i-- .ki--4.-'"-,' ' ''''...4....... . „ .. . 4 , .*- .....", : !,,F5904') .',/.. ..• .---- ....:e.. --' 1, • , if- '. -.- si\ 1110 -•'-;<. 2.,,-. '' . - - . . 41- !',' 1•14 . ':41?*:. ' '. . I.' ..... .... . . ,,.4 .. . POA ' - .• ' .77 ,...;.:. . . -44-- •rAlk-- ofic.1-1,- ''"': • •.':.••••:••.•-',• ',,,.` .• .", •.-. . • # . ,,,• . .- -•-- - e ., ••*-;, . . ,• ••..- HI , , .,..,•,......, ,. A 4 .111. .... 6, . 'S. • • .< 1`43 .., ..,,, .... ...,„. ,i.),-!•,...,./i'' • '1',•Poikl,- de ,,-- (-% .: . . - - - Al ,..• , • ,,,'.. ''''''Atite; • ,V , a 'm con -,.., -..,„, :- -,,, , •, ,,,,,447:,,, „„, . 5144- ; c„, „e-, . ,.... t.,, ,, ' •,..., . ad kg 4 td1 M) et ),51; . —_. II i .,..,' . , ,.._ . 1-41 11— ' 4:'.. d ' . 4 < 1. P cd im Ellir 0 I'I.„ • - : .. L._ .: . ... ..,- . . , r .. . .., , ..„...„ ...„. ,.... .. ._.,.: . .. . , \ ,„... 4" -' *:'-- , - •',. /-' - ..,'‘'',' . .,--... "I1PV: • -`-' ...-/ .S%..tc.t. .c.e.'-' '4! . ".. . , . ...- CI ... ' .....- . ,.. fr. .,..„ ” . ,. .. _ . .. , . . .. .. .. .,., ,. , . .. . .11 ''' . . ,.., r' ..:: . ..1. ... ..:.. .,!., ..' • N,..,,, z A . .'''' ' _ ' V. '\' , -... '...:,-4t. e.,'. '.:' ''-- --,\‘• .-. q i -•. A .,,',:-. 400 - 't,--' , ,.-;k ,b ,- ,v,„.., , .. ',... . r ."‘•. •...;...• ' k. . . .:, -.,0 ' .. ., - - . . ,.•'-, "-- .., ... . • 4 .1,:•'ift .•.•. it -• .. --- .. .--.• ,,t, ,-,.7-•,: -,, ' 4 ... 41 r 14 1,• .;?, _ ..1 , .t . - .. it.: • -..„-• , tr,„ 1!•'-,•••••••, - i :, •••.: • k 4 I. , ,•••••t...Ntir,, .c-•• -..:. i -.....,. ., _ . ...,.. ..., . .. r.:-.,- -''Jr 16,, '.• '. F , • 1,, -...5 h . ' ,...- • '. I• ' •,- ,..16;0.,•.-.7. • —,, , • •tirn ••:-: * ftti:-e'7.1.,.': .. ..'1: ._. =',.., - . • . . . , ATTACHMENT 2 RESOLUTION NO. 2016-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA; PROVIDING FOR TWO SEPERATE DIVISIONS OF LAND RELATED TO TWO ADJOINING PARCELS OF LAND LOCATED ALONG ASTRONAUT BOULEVARD AND OWNED BY ROBERT A. BAUGHER, TRUSTEE, AND KYRIACOS J. LAGGES AND MARIANTHI LAGGES, TRUSTEE FOR PURPOSES OF ADJUSTING PROPERTY BOUNDARIES FOR FUTURE DEVELOPMENT PERMIT PURPOSES; PROVIDING FOR UNITY OF TITLE AGREEMENTS TO ESTABLISH NEW LOTS OF RECORD FOR DEVELOPMENT PERMIT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution,to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Robert A. Baugher. Trustee (hereinafter"Baugher") is the owner of certain real property located adjacent to Astronaut Boulevard which has a Parcel Identification Number of 24-37-15-00-00752.0(hereinafter referred to as"Baugher Property'): and WHEREAS,Kyriacos J. Lagges and Marianthi Lagges, Trustee(hereinafter"Lagges") is the owner of certain real property located adjacent to Astronaut Boulevard and adjacent to the Baugher Property which has a Parcel Identification Number of 24-37-15-00-00778.0 (hereinafter referred to as"Lagges Property");and WHEREAS, Lagges has submitted to the City a site plan application to construct an expansion of the existing commercial parking lot on the Lagges Property to accommodate a restaurant/bar expansion and tenant demands located and operating on the Lagges Property; and WHEREAS,because Lagges' proposes to locate the parking lot expansion on a portion of the Baugher Property, Lagges and Baugher have privately agreed, in furtherance of the Lagges' site plan application and other mutual interests,to adjust the boundaries of the Baugher and Lagges Properties by splitting and conveying to the other a small portion of their property for future development purposes; and WHEREAS, the City Council desires to recognize the aforesaid two lot splits and the adjusted boundaries agreed to by Baugher and Lagges for future development permit purposes including,but not limited to,the City's approval of the site plan application submitted by Lagges; City of Cape Canaveral Resolution No.2016-03 Page 1 of 4 and WHEREAS,the two lot splits and adjusted property boundaries agreed to by Baugher and Lagges are more particularly depicted and legally described herein; and WHEREAS,the City Council of the City of Cape Canaveral finds that this Resolution is 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 deemed true and correct and are hereby fully incorporated by this reference. Section 2. Recognition and Approval of Lot Split; Unity of Title. (a) Subject to the conditions stated below, the City Council hereby recognizes and approves for future development permit purposes, the two divisions of the real property generally located along Astronaut Boulevard, and legally described in"Exhibit A'(hereinafter the"Lagges to Baugher Lot Split") and Exhibit "B" (hereinafter the "Baugher to Lagges Lot Split"). Said Exhibits are attached hereto and fully incorporated herein by this reference. (b) The Lagges to Baugher Lot Split comprising of approximately 0.03 acres, more or less, shall no longer be considered part of the Lagges Property for development purposes upon conveyance of said property to Baugher. (c) The Baugher to Lagges Lot Split comprising of approximately 0.15 acres, more or less, shall no longer be considered part of the Baugher Property for development purposes upon conveyance of said property to Lagges. (d) As a condition of the two lot splits recognized and approved by this Resolution and Lagges pending site plan approval for the expansion of the commercial parking lot, Baugher and Lagges shall each be required to execute and record in the Official Records of Brevard County, Florida,a Unity of Title Agreement, which will provide as follows: (1) Lagges' Unity of Title Agreement shall aggregate the remaining portion of Lagges Property (existing Tax Id. Property 24-37-15-00-00778.0 less the Lagges to Baugher Lot Split) with the Baugher to Lagges Lot Split for purposes of creating a new lot of record for development permit purposes. The new lot of record is legally described and depicted on Exhibit "C," which is attached hereto and fully incorporated herein by this reference. (hereinafter the"New Lagges Lot"). (2) Baugher's Unity of Title Agreement shall aggregate the remaining portion of City of Cape Canaveral Resolution No.2016-03 Page 2 of 4 'laugher's Property (existing Tax Id. Property 24-37-15-00-00752.0 less the Baugher to Lagges Lot Split) with the Lagges to Baugher Lot Split for purposes of creating a new lot of record for development permit purposes. The new lot of record is legally described and depicted on Exhibit "D," which is attached hereto and fully incorporated herein by this reference. (hereinafter the"New Baugher The Unity of Title Agreements required by this Section (d) shall be finalized by the City Manager and City Attorney in a form substantially similar to the form attached hereto as Exhibit UE.f, (e) Upon recordation of this Resolution and Unity of Title Agreements in the Official Public Records of Brevard County, Florida, the New Lagges Lot and the New Baugher Lot shall each be deemed a lot of record for development permit purposes within the City of Cape Canaveral pursuant to applicable law. Section 3. 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 4. 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 5. Instructions to Staff. The City Clerk in consultation with the City Attorney is hereby directed to record this Resolution in the Official Public Records of Brevard County,Florida at such time the fully executed and recordable Unity of Title Agreements have been delivered to the City by Lagges and Baugher. At such time, the Community Development Director is hereby directed to modify city maps and documents to reflect the new lots approved herein upon recordation of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral. However,the Resolution shall not be binding upon the affected properties described hereunder until recorded by the City in accordance with the requirements of this Resolution. If the Unity of Title Agreements are not delivered to the City in executed and recordable form within ninety(90) days of the adoption of this Resolution, this Resolution shall automatically be deemed null and void. [Signature Page Follows! City of Cape Canaveral Resolution No.2016-03 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 22nd day of March,2016. Bob Hoog, Mayo Air For Against John Bond Motion 1( #+, Mike Brown R Bob Hoog • Brendan McMilIin Second '►:3f = Betty Walsh 1',, ATTEST (City Seal): Mtn Goforth City Clerk Approved as to legal form and sufficiency for the City ape Canaveral only: ANTHONY A. 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'13 \ 8 dh+ g m b &f r s29L 'Od '%P 'a a u ..4 n11 t9C ON 131aad KV/ 3Nil rU ON N 7...-v k 4s ` ' `.1'� N c9 to gtt as- 2- #0)4 ..,) .0 I 8p 6s \ Resolution No.2016-03 EXHIBIT "E"to Resolution No. 2016- Prepared by and return to: Anthony A. Garganese City Attorney of Cape Canaveral PO Box 2873 Orlando,Florida 32802 (407)425-9566 Tax Parcel Id: UNITY OF TITLE AGREEMENT THIS UNITY OF TITLE AGREEMENT is executed this day of , 2016, by and between ("Owner"), a whose address is , Cape Canaveral, Florida, 32920; and the CITY OF CAPE CANAVERAL, a Florida municipal corporation,whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920(hereinafter"the City"). WITNESSETH: WHEREAS, Owner owns a parcel of land located within the jurisdictional limits of the City of Cape Canaveral which is identified as tax parcel identification number 24-37-15-00- 00 .0("Existing Parcel");and WHEREAS, Owner conveyed a small portion of the Existing Parcel( acres more or less) to an adjacent property owner, which is legally described in Exhibit "A" ("Conveyed Property"); and WHEREAS, Owner acquired a Small portion of property ( acres more or less) from the same adjacent property owner, which is legally described in Exhibit "B" ("Acquired Property");and WHEREAS, Owner desires to adjust the boundaries of the Existing Parcel to account for the Conveyed and Acquired Property in order to have the City recognize and approve a new lot of record for future development permit purposes;and WHEREAS, the new lot of record is legally described in Exhibit "C" ("New Parcel"); and UNITY OF TITLE AGREEMENT City of Cape Canaveral I Page 1 of 4 Resolution No. 2016-03 Exhibit"E" WHEREAS, Owner and City have agreed to record this Agreement to recognize that the Owner will have unity of ownership and title in the New Parcel; and WHEREAS, Owner and the City desire to have the New Parcel recognized by the City as one(1)lot for development purposes under the City's land development regulations; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which is acknowledged by the parties,the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. 2. The Property. Owner represents and warrants that it possesses fee simple title to the New Lot which is legally described on Exhibit"C." 3. Representations of Owner. Owner hereby represents and agrees as follows: A. Owner agrees, as a condition of future development permit applications submitted to the City, that the New Lot described in paragraph 2 of this Agreement, upon recording of this Agreement, shall be unified in ownership and title for development purposes. B. Owner further agrees to not sell, convey, or assign any interest in the New Lot, which would cause the loss of unity of ownership or title, without first obtaining the written consent of the City of Cape Canaveral. Nothing herein is intended to prohibit or restrict the Owner from selling,conveying or assigning the New Lot as a unified parcel of land or encumbering the New Lot with easements or other interests in land that do not cause loss of unity or ownership of title. C. Owner agrees and consents that this Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Brevard County,Florida, and that all costs of recording shall be paid by the Owner. D. Owner agrees that the provisions of this Agreement shall be binding upon the heirs, personal representative, successors and assigns of Owner. This Agreement shall run with the land. [Signature pages follow] UNITY OF TITLE AGREEMENT City of Cape Canaveral! Page2of4 Resolution No. 2016-03 Erl,3nit"E„ IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. OWNER: Print Namerritle: STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me,an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared o to me known personally to be the persons described in the foregoing instrument,or❑ who have produced as identification. WITNESS my hand and official seal in the State and County last aforesaid this day of ,2016. Notary Public My Commission Expires: UNITY OF TITLE AGREEMENT City of Cape Canaveral 1 Page 3 014 Resolution No.?016-03 Exhibit •E° THE CITY: CITY OF CAPE CANAVERAL, a Florida municipal corporation. ATTEST: Robert Hoog,Mayor Angela Apperson,MMC City Clerk Approved as to legal form and sufficiency for the City only: Anthony A.Garganese,City Attorney UNITY OF TITLE AGREEMENT City of Cape Canaveral I Page 4 of 4 Attachment 3 RESOLUTION NO. 2016-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING A SIXTY (60) DAY EXTENSION OF TIME FOR THE PROPERTY OWNERS (BAUGHER AND LAGGES) TO DELIVER TO THE CITY THE UNITY OF TITLE AGREEMENTS IN EXECUTED AND RECORDABLE FORM IN ACCORDANCE WITH RESOLUTION NO.2016-03; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,pursuant to Resolution No.2016-03,the City Council authorized a lot split of real property subject to several terms and conditions; and WHEREAS, one of the conditions requires that the affected real property owners (Baugher and Lagges) deliver to the City executed Unity of Title Agreements in recordable form within 90 days of the effective date of Resolution No. 2016-03; and WHEREAS, the property owners have requested additional time to deliver the Unity of Title Agreements; and WHEREAS, the City Council desires to grant the request for additional time in accordance with the terms and conditions of this Resolution; and WHEREAS,the City Council of the City of Cape Canaveral finds that this Resolution is 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 deemed true and correct and are hereby fully incorporated by this reference. Section 2. Extension of Time to Deliver the Unity of Title Agreements. (a) The City Council hereby grants a sixty(60)day extension of time for Baugher and Lagges to deliver the Unity of Title Agreements required by Resolution No. 2016-03. If the Unity of Title Agreements are not delivered to the City in executed and recordable form by the end of the extension period,Resolution No. 2016-03 shall automatically be deemed null and void. City of Cape Canaveral Resolution No.2016-10 Page 1 of 2 (b) All other terms and conditions set forth in Resolution No. 2016-03 not modified by this Resolution shall remain in full force and effect. Section 3. 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 4. 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 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral. ADOPTED by the City Council of the City of Cape averal, Florida, this 21st day of June, 2016. Bob Hong,Mayor For Against John Bond Second Mike Brown x Bob Hong X edolx '14 r t'¢ '� • �t▪ � Brendan McMillin x Betty Walsh Motion ATTEST(City:Seau)t_ Li. - i. Mia Got', p i` City e'i ,Con 1 X 41 „R�.Ayo Approved as to legal form and sufficiency for the City ape Canaveral only: ANTHONY A. GARGANESE,City Attorney City of Cape Canaveral Resolution No.2016-10 Page 2 of 2 Attachment 4 RESOLUTION NO. 2016-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING A SIXTY (60) DAY EXTENSION OF TIME FOR THE PROPERTY OWNERS (BAUGHER AND LAGGES) TO DELIVER TO THE CITY THE UNITY OF TITLE AGREEMENTS IN EXECUTED AND RECORDABLE FORM IN ACCORDANCE WITH RESOLUTIONS NO. 2016-03 AND 2016-10; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, pursuant to Resolution No. 2016-03, the City Council authorized a lot split of real property subject to several terms and conditions; and WHEREAS, one of the conditions requires that the affected real property owners (Baugher and Lagges) deliver to the City executed Unity of Title Agreements (Agreements) in recordable form within 90 days of the effective date of Resolution No. 2016-03; and WHEREAS, the City Council adopted Resolution 2016-10 extending the delivery date of the Agreements sixty (60) days to August 22, 2016. However, the applicants have reported that all of the needed approvals will not be acquired until at least August 24, 2016; and WHEREAS, an additional sixty (60) day extension is requested to deliver the Unity of Title Agreements to the City; and WHEREAS, the City Council desires to grant the request for additional time in accordance with the terms and conditions of this Resolution; and WHEREAS,the City Council of the City of Cape Canaveral fmds that this Resolution is 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 deemed true and correct and are hereby fully incorporated by this reference. City of Cape Canaveral Resolution No.2016-16 Page 1 of 2 Section 2, Extension of Time to Deliver the Unity of Title Agreements. (a) The City Council hereby grants a sixty (60) day extension of time for Baugher and Lagges to deliver the Unity of Title Agreements required by Resolutions No. 2016-03 and 2016-10. If the Unity of Title Agreements are not delivered to the City in executed and recordable form by the end of the extension period, Resolution No. 2016-03 shall automatically be deemed null and (b) All other terms and conditions set forth in Resolutions No. 2016-03 and 2016-10 not modified by this Resolution shall remain in full force and effect. Section 3, 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 4. 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 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of August, 2016. Bob Hoog,Mayor ATTEST: Name FOR AGAINST John Bond Mia Goforth, Mike Brown City Clerk Bob Hoog Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Brendan McMillin Betty Walsh Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2016-16 Page 2 of 2 '7` City of Cape Canaveral 1'=- City Council Agenda Form City Council Meeting Date: 08/16/2016 Item No. 6 1 Subject: Appoint Economic Development Director Todd Morley as the Voting Delegate to the Technical Advisory Committee(TAC)of the Space Coast Transportation Planning Organization (SCTPO). Department: Legislative Summary: At its November 17,2015 Regular Meeting,the City Council approved Staffs recommendation to change the TAC representative from PWS Deputy Director Jeff Ratliffto PWS Director Joyce Muse. Ms. Muse is no longer with the City; therefore, Staff is recommending that Economic Development Director Todd Morley be appointed as the Voting Delegate to the TAC. Submitting Department Director: Mia Goforth Date: SA/6 Attachment: None Financial Impact: Staff time and effort to prepare this Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: j IL The City Manager recommends that City Council aloe the following actions: Appoint Economic Development Director Todd Morley as e Voting Delegate to the Technical Advisory Committee (TAC) of the Space Coast Transportation Planning Organization (SCTPO). Approved by City Manager: David L. Greene Q Date: W 3/J6' ,< : , "`* City of Cape Canaveral thAv' City Council Agenda Form Meeting Date: 08/16/2016 Item No. 7 Subject: Approve the Unity of Title Agreement between Martni Realty Fund, LLC (Owner), and the City of Cape Canaveral regarding two individual parcels located at the northeast corner of Astronaut Boulevard and Church Lane. Department: Community Development Summary: A Unity of Title Agreement (Agreement) has been prepared to unify two separate parcels for purposes of creating a single, development tract. The two parcels (24-37-14-00-520 and 24-37-23-00-286) have been purchased by the applicant to construct a Twistee Treat Ice Cream Shop. The parcels are contiguous and zoned C-1. According to the applicant, the parcels consist of 1.11 acres. At its July 13, 2016 meeting, the City's Planning & Zoning Board recommended approval of the site plan for the project. At its July 28, 2016 meeting, the City's Community Appearance Board approved a Level 1 application for the project. As indicated in the Agreement, the Owner agrees not to sell,convey or assign any interest in the parcel,which would cause the loss of unity of ownership or title,without first obtaining written consent from the City of Cape Canaveral. Also, Owner agrees that the provisions of this Agreement shall be binding upon the heirs, personal representative, successors and assigns of Owner. This Agreement shall run with the land. The City Council has approved several similar agreements including one for Dr. Christine Storts in 2007,for construction of the veterinarian clinic at 7620 N. Atlantic Avenue and one for Roger Dobson in 2005, for construction of the Residence Inn niat 8959 Astronaut Boulevard. Submitting Director: David Dickey 1 1 Date: 611 + t, Attachment: Unity of Title Agreement Financial Impact: Staff time and effort to prepare this Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo /- Date: / i )1 '6 The City Manager recommends that City Council take t following action: Approve the Unity of Title Agreement. Approved by City Manager David L. Greene Y Date: `F1///, Prepared by and return to: Gary M. Kaleita, Esq. Lowndes, Drosdick,Doster,Kantor&Reed,P.A. 215 North Eola Drive Orlando, Florida 32801 Tax Parcel ID's: 24-37-14-00-520 24-37-23-00-286 UNITY OF TITLE AGREEMENT THIS UNITY OF TITLE AGREEMENT is executed this day of August, 2016, by and between MARTNI REALTY FUND,LLC,a Florida limited liability company,whose address is 5555 S. Kirkman Road, Suite 201, Orlando, Florida 32819 (hereinafter "Owner"), and the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "the City"). WITNESSETH: WHEREAS, Owner is the owner of two(2)individual parcels of property within the City of Cape Canaveral Florida; and WHEREAS, the parcels are identified as tax parcel identification numbers 24-37-14-00-520 and 24-37-23-00-286(collectively referred to herein as"the Property"),and were conveyed to Owner by Special Warranty Deed recorded in Official Records Book 7621, Page 1480, Special Warranty Deed recorded in Official Records Book 7621, Page 1482 and Special Warranty Deed recorded in Official Records Book 7621, Page 1484, all of the Public Records of Brevard County,Florida; and WHEREAS,these parcels of property lie contiguous to one another; and WHEREAS, Owner has assembled these parcels to improve the property by constructing a single structure on both parcels of property; and WHEREAS, the City, as a condition of site plan approval, has required Owner to record this Agreement to demonstrate unity of ownership and title in the above referenced parcels; and WHEREAS, Owner and the City desire to have the parcels recognized by the City as one (1) lot for development purposes under the City' s land development regulations; and NOW,THEREFORE,in consideration of the mutual covenants contained herein,the receipt and sufficiency of which is acknowledged by the parties,the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. 2. The Property. Owner represents and warrants that it possesses fee simple title to the Property identified in Exhibit A attached hereto(the"Property"): 3. Representations of Owner. Owner hereby represents and agrees as follows: UNITY OF TITLE AGREEMENT Page 1 of 4 0038773\167645\2709955v2 A. Owner agrees, as a condition of site plan approval, that the Property described in Exhibit A of this Agreement shall be unified in ownership and title for development purposes upon recording of this Agreement. B. Owner further agrees to not sell, convey, or assign any interest in these parcels, which would cause the loss of unity of ownership or title, without first obtaining the written consent of the City of Cape Canaveral. C. Owner agrees and consents that this Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Brevard County, Florida, and that all costs of recording shall be paid by the Owner. D. Owner agrees that the provisions of this Agreement shall be binding upon the heirs, personal representative, successors and assigns of Owner. This Agreement shall run with the land. IN WITNESS WHEREOF, MARTNI REALTY FUND, LLC has hereunder set its hand and seal the day and year first above written. OWNER: MARTNI REALTY FUND,LLC a Florida limited liability company By: Randall R. Hodge, Vice President STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Randall R. Hodge, as Vice President of MARTNI REALTY FUND,LLC, a Florida limited liability company, n to me known personally to be the person described in the foregoing instrument, or n who has produced as identification. He has acknowledged before me that he has authority to execute this Agreement for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of August, 2016. (Notary Seal) NOTARY PUBLIC My Commission Expires: UNITY OF TITLE AGREEMENT Page 2 of 4 0038773\167645\2709955v2 THE CITY: CITY OF CAPE CANAVERAL a Florida municipal corporation By: Bob Hoog,Mayor ATTEST: Mia Goforth, City Clerk Approved as to legal form and sufficiency: Anthony Garganese, City Attorney UNITY OF TITLE AGREEMENT Page 3 of 4 0038773\167645\2709955v2 EXHIBIT A A portion of Section 14,Township 24 South, Range 37 East,and a portion of that parcel described In Official Records Book 5112 page 377,Public Records of Brevard County, Florida, being more particularly described as follows: Commence at a nail and disk at the Southwest corner of said Section 14; thence N 89°43'37"E, along the South line of said Section 14, a distance of 56.21 feet to the East right of way line of State Road 401(A-1-A) as shown on Florida Department of Transportation Right of Way Map Section 70080-1516 and the Point of Beginning of the herein described parcel, said point also being a point of Intersection with a non tangent curve,concave Southwesterly, having a radius of 5,779.00 feet and a central angle of 00°39'15"; thence Northwesterly, along the arc of said curve to the left,a distance of 65.98 feet(said arc subtended by a chord bearing of N 33° 52122"W,a distance of 65.98 feet)to the Southwest corner of that parcel described in Official Records Book 4328 page 3848 and a point of intersection with a non tangent line lying 55,00 feet North of and parallel with the South line of said Section 14; thence N 89°39'36" E parallel with the South iine of said Section 14,a distance of 375.76 feet, to the Southeast corner of that parcel described In Official Records Book 4328, page 3848; thence S 00°20'24" E, a distance of 55.00 feet to the South line of said Section 14; thence S 89°39'36"W, along said South line, a distance of 339.31 feet to the Point of Beginning Parcel 2 A portion of Section 23,Township 24 South, Range 37 East,also being that parcel described in Official Records Book 7223 page 2981 Public Records of Brevard County,Florida, being more particulariy described as follows: Commence at a nail and disk at the Southwest corner of said Section 14,Township 24 South, Range 37 East; thence run N 89°43'37" E,along the South line of said Section 14, a distance of 56,21 feet,to the East right of way line of State Road 401(A-1-A)as shown on the Florida Department of Transportation Right of Way Map Section 70080-1516 and the Point of Beginning of the herein described parcel,and a point of intersection with a non tangent curve,concave Southwesterly, having a radius of 5,779.00 feet and a central angle of 01°52'34"; thence Southeasterly,along the right of way line arc of said curve to the right, a distance of 189.23 feet (said arc subtended by a chord bearing of S 32°36'28' E,a distance of 189.22 feet),to a point of Intersection with a non tangent line also being the North right of way line of Church Lane;thence N 89°39'36', along said North right of way line,a distance of 160.00 feet; thence N 21° 12'58" W,a distance of 171,24 feet, to the South line of said Section 14;thence 5 89°39'36"W, along the South line of Said Section 14, a distance of 200.00 feet to the Point of Beginning UNITY OF TITLE AGREEMENT Page 4 of 4 0038773\167645\2709955v2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/16/2016 iwrizorItem No. 8 Subject: Approve the Agreement to Dedicate Roadway Puerto Del Rio Drive to the City of Cape Canaveral and authorize the City Manager to execute the Agreement for same. Department: Culture & Leisure Services/Public Works Services Summary: Puerto Del Rio Drive ("Roadway") is a privately-owned roadway located within the City of Cape Canaveral ("City"). It is adjacent to Banana River Park ("Park") and the only means of public ingress/egress to the facility. As part of the Park master planning process in 2014, Puerto del Rio Condominium Association, Inc., ("Association") approached the City about the possibility of transferring ownership. At the time, there were no assurances that the improvement projects were going to take place as construction was contingent upon the City acquiring grants to fund said projects. As grants were awarded and construction projects came to fruition, the City worked closely with the Association to ensure the Park mutually benefitted the interests of the Association and the City. The Association donated roof tiles for the existing pavilion and it will landscape the north property line of the Park to clearly delineate the Association and Park property. The Association also allowed the City to use its emergency fire suppressant pump house for the supply of electricity to the Park via a utility easement and installation of a separate meter. This spirit of partnership has culminated in the Association requesting the City take ownership of the Roadway. It would benefit the City to own it for access purposes, as well as for utilities which service the Park, while eliminating the Association's liability with respect to the Roadway and saving the Association money by no longer having to maintain it. Current Conditions. Historical information and the current condition of the Roadway are summarized as follows: • Roadway was built in 2002—Approximately 1000 feet long by 24 feet wide; • Sidewalks present on south side of the Roadway at start, then crossing to the west side; • Two street lights present; HOA has agreed to continue to maintain those and pay for the electricity to operate them; • Pavement is in good condition; • Concrete curbing in good condition; • Signage located on western/eastern and northern end of roadway; • Drainage information summarized as follows: 1. Eastern end—Drains into detention and retention areas at HOA Property; 2. Western end—Drains into detention areas on Banana River Park Property; 3. Drainage does not enter City's stormwater system (future permitting for St. Johns River Water Management District not required). Proposed Agreement. The proposed Agreement to Dedicate Roadway Puerto Del Rio Drive to the City of Cape Canaveral provides for a closing date within 90 days of execution of the Agreement by both parties, and further, that the City will make no payment to the Association for conveyance of the Roadway. Additionally, the Agreement provides that the Association will pay for the title insurance premium, state documentary stamp taxes due with respect to the Deed, and fees and costs for recording any lien releases or satisfying any liens or encumbrances on the Roadway. The City will be responsible to pay the cost of recording the Deed. Upon conveyance City Council Meeting Date: 08/16/2016 Item No. 8 Page 2 of 2 of the Roadway to the City, the City will become responsible for all maintenance of it. Staff Recommendation. Staff recommends that City Council approve the Agreement to Dedicate Roadway Puerto del Rio Drive to the City of Cape Canaveral, and authorize the City Manager to execute the Agreement for same. (2,a Submitting Department Director: Gustavo Vergara/Joshua Surpre a t Date: NI Lal�c Attachments: #1 —Survey #2—Dedication Agreement Financial Impact: Cost of recording Deed with the Clerk of the Court, routine maintenance as needed, Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial 5 \\c Services Director: John DeLeo �.' Date: The City Manager recommends that City Council take t following action: Approve the Agreement to Dedicate Roadway Puerto Del Rio Drive to the City of Cape Canaveral and authorize the City Manager to execute the Agreement for same. Approved by City Manager: David L. Greene (` 3 Date: g/s/a EASEMENT LOCATION EXHIBIT Attachment 1 w % A,- .— siik.\(•4,- 41 It .. r • 11.4 Alhor, .N'4 • 1 . 11-1-!1641L: LI I* , EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: (OFFICIAL RECORDS BOOK 3972, PAGE 0317) Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: E Begin at the intersection of the East line of the plat of Angel's Isle as recorded in Plat Book 36 at page 77 of the Public Records of Brevard County, Florida, and the North line of Central Boulevard, a 100.00 foot right of way, as described in Official Records Book 3057 at page 445 of the Public Records of Brevard '' County, Florida; thence North 00' 50' 54" West, along the East line of said plot, 100.03 feet to the Northeast corner of said plat; thence North 89' 24' 45' West, along the North line of said plot, 204.31 feet to the West line of the East 3323.00 feet of said Section 15; thence North 00' 50' 54" West, along said West line, 899.87 feet to the point of termination of said 50.00 foot strip of land. Said 50.00 foot strip of land being bound on the South by the North line of said Central Boulevard and on w the North by the North line of the South 2685.35 feet of said Section 15. a z z a PREPARED BY: N LLEN gineering, Inc. ii 3 I SURVEYORS-ENGINEERS 106 DIXIE LANE o COCOA BEACH.FLORIDA 9II051 aco : 3#1)769-F449I-flAL(321)15202 GRAPHIC SCALE 7E 2 Attachment 2 AGREEMENT TO DEDICATE ROADWAY THIS AGREEMENT TO DEDICATE ROADWAY ("Agreement") is made and entered into as of the day of , 2016 by and between PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation (hereinafter referred to as the "Association") and the CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida (hereinafter referred to as the "City"). RECITALS: A. The Association manages all of the common elements of a certain residential condominium complex located within the City's municipal boundaries. The common elements managed by the Association include, but are not limited to, a certain portion of a roadway commonly known as "Puerto Del Rio Drive", which portion of Puerto Del Rio Drive is more particularly described and depicted in Exhibit "A" attached hereto and made a part hereof by reference (hereinafter referred to as the"Roadway"); B. The Roadway runs adjacent to a riverfront park owned by the City commonly known as `Banana River Park" (hereinafter referred to as the "Park"), which Park is used by members of the Association and members of the public generally; C. The City desires to use the Roadway to provide certain public utilities to support the recreational uses of the Park, which utilities include, but are not limited to, lighting for the Park. And, the City desires that a public purpose be advanced in allowing the general public ingress to and egress from the Park via the Roadway; D. The Association (i) acknowledges that both the general public and the Association's members would benefit from the City bringing certain utilities into the Park, (ii)no longer desires to perform any maintenance or incur any liability with respect to the Roadway, and (iii) has the right and authority, through its Board of Directors acting by, for and on behalf of the members of the Association, to dedicate certain common elements including the Roadway to the City pursuant to this negotiated agreement as provided for in section 718.111 (7) and section 718.111(10), Florida Statutes; and E. The Association desires to dedicate and the City desires to accept the dedication of the Roadway on the terms and conditions as provided herein. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the parties hereto agree as follows: 1. Recitals. The recitals set forth hereinabove are true and correct in all respects and are incorporated herein by reference as if set forth herein verbatim. V0309561.2 2. Obligation to Convey Roadway. Association hereby covenants and agrees to convey the Roadway in the substantially same condition as it existed as of the effective date of this Agreement to the City on the Closing Date (as defined hereinbelow) for use by the City and the general public, including, without limitation, the Association and its members, on the terms and conditions as provided herein. 3. Future Maintenance of Roadway & Limited Indemnification. The City hereby covenants and agrees, from the Closing Date forward, to take full responsibility for keeping and maintaining the Roadway as a public street in accordance with the City's customary and ordinary standards for maintaining City public streets located with the City of Cape Canaveral and any such standards required by law. From the Closing Date forward, the Association will no longer be responsible for keeping and maintaining the Roadway. This Agreement shall not be construed or interpreted in any way as imposing any obligation on the City to keep and maintain the Roadway in any condition beyond the City's customary and ordinary standards and the requirements of applicable law. The City hereby further covenants and agrees to indemnify, defend, and hold harmless the Association, its successors and assigns, or any of them, from any and all claims, damages, costs, fees, expenses or other liabilities of any kind and at any level arising out of, related to, or resulting from the City's ownership or maintenance or failure of maintenance of the Roadway after the Closing Date. However, this limited indemnification shall not be construed or interpreted in any way to include claims, damages, costs, fees, expenses or other liabilities of any kind and at any level arising out of, related to, or resulting from the Association's negligent or unlawful acts or omissions, or the Association's ownership or maintenance or failure of maintenance of the Roadway prior to the Closing Date. The Association hereby covenants and agrees to indemnify, defend, and hold harmless the City and its officials and employees, or any of them, from any and all claims, damages, costs, fees, expenses or other liabilities of any kind and at any level which were brought or could have been brought against the Association arising out of the Association's ownership or maintenance or failure of maintenance of the Roadway prior to the Closing Date. Neither party and its officers, employees or agents shall be deemed to assume any liability for the acts, omissions or negligence of any of the parties and their respective officers, employee or agents, except as provided by this Agreement. The maintenance and indemnification obligations contained in this paragraph shall survive and continue beyond the Closing Date. 4. Closing. (a) Closing Date. The closing of the conveyance of the Roadway from the Association to the City shall occur within 90 days of execution of this Agreement by the City and the Association (herein referred to as the "Closing Date"). The closing shall take place at a time and location mutually agreed upon by the Association and the City. (b) Closing Documents. At the closing, the Association shall deliver to the City a duly executed and acknowledged Special Warranty Deed conveying to the City fee simple title owned by the Association in and to the Roadway (hereinafter referred to as the "Deed"). The Deed will convey fee simple title to the Roadway to the City free and clear of all liens and encumbrances except for matters appearing of record and taxes which are not yet due and payable for 2016 (the "Permitted Exceptions"), reserving the 2 V0309561.2 right of ingress and egress on and over the Roadway for the general public including, without limitation, the Association and its members. At the closing, the Association and the City shall also execute and deliver a settlement statement for the closing, as well as such other documents as may be reasonably required by the parties. (c) Title Commitment. The Association has agreed to provide an owner's title policy insuring the Roadway in the name of the City. Within ten (10) days after this Agreement is approved and accepted by the City and the same is communicated to the Association, the law firm of Dean Mead, as issuing agent for Chicago Title Insurance Company, Fidelity National Title Insurance Company or other national title insurance company, shall provide to the City a commitment for an owner's title policy wherein the title insurer agrees to issue to the City, upon recording the deed conveying the Roadway, a fee owner's policy of title insurance insuring the Roadway in an amount not less than TEN THOUSAND AND NO/100 DOLLARS ($10,000.00). Concurrently with delivering the title commitment, the issuing agent shall deliver to the City a copy of each of the documents referred to in schedule B-section 2 of the title commitment. Within ten (10) days after the City's receipt of any such title commitment, the City shall (a) examine such commitment and (b) notify the Association, in writing, of any matters shown in the title commitment affecting title to the Roadway (other than the Permitted Exceptions and standard exceptions) which render the title unmarketable or will otherwise materially adversely affect the City's purpose or use for the Roadway as that purpose or use has been indicated within this Agreement. The Association shall then have the right but not the obligation a period of thirty (30) days from the date of receipt of said notice from the City within which to attempt to cure the City's objections. If the Association is unsuccessful in curing or chooses not to cure the City's objections within that time period, the City shall either (a) accept title to the Roadway as title then exists without making or attempting to make any claim of offset or damages, or (b) terminate this Agreement. In the event of termination, both parties shall be released from any and all further obligations under this Agreement. Notwithstanding anything set forth herein to the contrary, any matters appearing on any survey acquired or any items referred to in schedule B-section 2 of the title commitment which are not objected to in writing within the time period provided hereinabove shall be deemed to constitute a Permitted Exception. (d) Payments and Costs. No consideration shall be due or payable by the City to the Association for the Roadway. The Association shall pay for the title insurance premium, Florida documentary stamp taxes due with respect to the Deed, and the fees and costs for recording any lien releases or satisfying any liens or encumbrances on the Roadway. The City shall pay the cost of recording the Deed. Each party shall pay its own attorneys' fees. Real property ad valorem taxes and assessments applicable to the Roadway, if any, shall be prorated as of the Closing Date, based on the current year's tax with due allowance made for the maximum allowable discount and applicable exemptions, if any, allowed for said year. If closing occurs at a date when the current year's millage is not fixed, and the current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If the current year's assessment is not 3 V0309561.2 available, then taxes will be prorated based on the prior year's tax. If the subsequent tax bill is substantially more or less than the estimated tax upon which the proration at closing was based, such proration shall be readjusted upon the request of either party, and a statement to this effect shall be included in the closing statement. Any tax proration based on an estimate shall be subsequently readjusted upon receipt of the actual tax bill, and a statement to this effect shall be included in the closing statement. If additional monies are due from the Association, such monies shall be promptly paid by the Association to the tax collector. If the Roadway, upon conveyance to the City, will be exempt from ad valorem taxation, then the prorated taxes shall be placed in escrow with the county tax collector or otherwise deposited in a manner consistent with applicable law. (e) Delivery of Possession. At closing, the Association shall deliver possession of the Roadway to the City by delivering the Deed. 5. Default. If the Association breaches any term, condition, covenant or obligation in this Agreement, and it does not cure such breach within ten (10) days after written notice of the breach from City, then the Association will be in default under this Agreement and the City may, at its option and as its sole and exclusive remedy, enforce specific performance of this Agreement; provided, however, if specific performance is not for any reason available as an enforceable remedy, the City may pursue damages or any other remedy at law or in equity. The City shall also be entitled to recover from the Association its reasonable attorneys' fees and court costs, at or before the trial level and in any appellate proceeding, incurred in connection with any suit for specific performance or other remedy occasioned by a default by the Association of its obligations hereunder. If the City breaches any term, condition or obligation in this Agreement, and it does not cure such breach within ten (10) days after written notice of the breach from the Association, then the City will be in default under this Agreement, and the Association may, at its option, and as its sole and exclusive remedy, enforce specific performance of this Agreement; provided, however, if specific performance is not available for any reason as an enforceable remedy, the Association may pursue damages or any other remedy at law or in equity. The Association shall also be entitled to recover from the City its reasonable attorneys' and paralegals' fees and court costs, at or before the trial level and in any appellate proceedings, incurred in connection with any suit for specific performance or other remedy occasioned by a default by the City of its obligations hereunder. 6. Miscellaneous. This Agreement or any provision hereof may be amended or waived only by written agreement signed by both parties. This writing constitutes the entire agreement between the parties and supersedes and merges all prior oral or written agreements, representations, statements, proposals and undertakings between the parties regarding the subject matter hereof. Nothing contained herein shall be construed to imply a partnership,joint venture, principal and agent or employer and employee relationship between the parties. No provision in this Agreement shall provide to any person not a party to this Agreement any remedy, claim or cause of action, or create any third-party beneficiary rights against either party. In the event that any one or more of the provisions in this Agreement shall for any reason be held to have no force and effect, this Agreement shall, if possible, be interpreted in a manner so as to effectuate the 4 V0309561.2 intention of the parties. Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. This Agreement is the subject of negotiation between the parties and should not be interpreted more favorably toward one party over the other. The terms and provisions of this Agreement shall bind, and inure to the benefit of, the parties hereto and their respective successors and assigns; provided, however, neither party may assign this Agreement without the prior written consent and approval of the other party. In connection with any litigation, including appellate proceedings, arising out of or under this Agreement, the prevailing party in such litigation shall be entitled to recover such party's out-of-pocket costs and reasonable attorneys' fees. This Agreement and the interpretation and enforcement thereof shall be governed by and construed in accordance with the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be Brevard County, Florida. 7. Sovereign Immunity. Notwithstanding any other provision of this Agreement, the City intends to avail itself of the benefits of Section 768.28 and of other statutes and common law governing sovereign immunity to the fullest extent possible. However, in no event will the City's liability under this Agreement exceed the sum of $200,000 per person or $300,000 per occurrence. Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and effective as of the day and year first above written. PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation. Print Name: By: Name: Title: Print Name: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of 2016, . Said person(check one) ❑ is personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5)years) as identification,or❑ produced other identification,to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: 5 V0309561.2 CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida Print Name: By: Name: Title: Print Name: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2016, by , as of the CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida, on behalf of said City. Said person (check one) ❑ is personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: 6 V0309561.2 Exhibit"A" Legal Description and Depiction A strip of land being 50.00 feet in width lying to the right of, as measured by right angles to and parallel with the following described line being a portion of: Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Begin at the intersection of the East line of the plat of Angel's Isle as recorded in Plat Book 36, at Page 77, of the Public Records of Brevard County, Florida, and the North line of Central Boulevard, a 100.00 foot right of way, as described in Official Records Book 3057, at Page 445, of the Public Records of Brevard County, Florida; thence North 00 degrees 50 minutes 54 seconds West along the East line of said plat, 100.03 feet to the Northeast corner of said plat; thence North 89 degrees 24 minutes 45 seconds West, along the North line of said plat, 204.31 feet to the West line of the East 3323.00 feet of said Section 15; thence North 00 degrees 50 minutes 54 seconds West, along said West line, 899.87 feet to the point of termination of said 50.00 foot strip of land. Said 50.00 foot strip of land being bound on the South by the North line of said Central Boulevard and on the North by the North line of the South 2685.38 feet of said Section 15. 7 V0309561.2 City of Cape Canaveral tiA >> ! r City Council Agenda Form 41"Migirr- City Council Meeting Date: 08/16/2016 Item No. Subject: Award the Bid for construction of the Oxidation Ditch Rehabilitation Project to Florida Design Contractors, Inc. of Lake Park, Florida in the amount of$2,574,000 and authorize the City Manager to execute the Construction Agreement for same. Department: Public Works Services Summary: Public Works Services (PWS) invited qualified Licensed Contractors in accordance with the City's Purchasing Policy and Florida Statutes to submit a Bid for construction of the Oxidation Ditch Rehabilitation Project(Project description: City of Cape Canaveral Wastewater Treatment Plant [WWTP] Improvements for Oxidation Ditch Rehabilitation). The Project work includes construction of a back-up oxidation ditch system to allow for redundancy in this portion of the wastewater treatment process. The existing equalization basin will be reconfigured to act as an emergency oxidation ditch system which will allow for improved maintenance since each system can be temporarily shut down for cleaning, repairs, etc. Completion of this Project was recommended by several consulting firms over the past 10 years and identified as a critical issue, due to lack of redundancy. Firm Selection Process. Staff advertised this bid opportunity on May 27,2016 by posting(1) a legal ad in the Florida Today newspaper, (2) a notice on the City's web page and (3) bid information to Onvia, Inc., bid service(DemandStar). In addition to a "Bid Submittal" notation which provided that the contract will be awarded pursuant to the requirements of applicable state and federal laws and regulations, the Advertisement for Bids also expressly provided as follows: "SPECIFIC CRITERIA: The Contractor performing this service shall have a strong background in providing a positive working relationship with Cities having a CouncillCity Manager type government and a history of performing construction of wastewater treatment plants." A mandatory pre-bid meeting for all bidders was held on May 3, 2016. Four sealed bid submittals were received and publicly opened at the WWTP Training Room on June 30, 2016. PWS Staff and consulting engineering staff(Tetra Tech) analyzed the bid submittals and, due to the critical nature of the Project, requested additional information from the two low bidders. Of particular interest was each firm's project experience in the installation of aeration systems at WWTPs. Supplemental information was requested of the two lowest bidders, as one bidder had provided three submitted projects which appeared to generally fall within the "similar projects" category, while the other did not appear to provide any projects which fell within the "similar projects" category; additional information was requested of both bidders to either supplement its provided information or submit other projects which would meet the requirements. A summary of the four sealed bids submitted for the Project is included in Attachment#1.Additional project information submitted by the two lowest bidding firms is also included in Attachment#1. Upon review of the additional project information from the two bidders, PWS Staff and consulting engineering staff are recommending that the Project be awarded to Florida Design Contractors, Inc. (FDC) with a bid amount of $2,574,000. Although R2T, Inc. was the low bidder with a bid of$2,412,060, FDC is recommended for this Project due to the following: • Extensive experience with aeration systems at WWTPs throughout Florida; • Extensive experience in performing similar projects such as the City's oxidation ditch rehabilitation project; City Council Meeting Date: 08/16/2016 Item No. 9 Page 2 of 2 • More relevant construction experience than the low bidder(R2T, Inc.); and • FDC's excellent performance in the recent construction of the City's new reclaimed water tank and belt press expansion project. The consulting engineering staffs evaluation letter recommending FDC for the Project is included in Attachment#1. Said letter addresses and compares, amongst the two lowest bidders, the"SPECIFIC CRITERIA"expressly provided for in the Advertisement for Bids. Notably,the consultant's letter provides that the lowest bidder, R2T, Inc., "was unable to produce projects that meet the intent of the required qualifications," and, that "conversely, Florida Design Contractors,2nd lowest bidder, was able to supplement projects and met the intent of the similar projects requirements stated in Section 00303." The consultant's evaluation/recommendation letter also provided that FDC is a well-regarded general contractor with the local municipalities, which additionally had recently successfully completed a project for the City. The City concurs with the consulting engineering staff's recommendation that FDC should be awarded the Project. A proposed Construction Agreement with FDC is included as Attachment #2. Further, in accordance with Section 2-218 of the City Code, City Staff has prepared this Agenda form providing for the full and complete statement of the reasons for placing the contract elsewhere than with the lowest bidder and shall file a copy of same with the other documents relating to the invitation for bids. Project Estimated Costs and Funding. This Project is funded through the City's State Revolving Fund (SRF) Loan; adequate funds are available to fully fund this Project. It is important to note that the Construction Industry/Economy is now a "Contractor's Market" — trending conditions benefit now-busy contractors while owners pay more as the housing/construction market rebounds and the economy continues to improve overall. While still early in the Contractor's Market,the steady growth of the economy signals that construction prices will continue to escalate. Therefore, the City is best served by moving forward with the Project as quickly as possible. Submitting Department Director: Joshua Surprenant ) 5 Date: Si130[b Attachments: #1 - Bid Summary/Engineer's Evaluation Letter/Additional Bidder Project Information #2 - Construction Agreement Financial Impact: $2,574,000 for construction of the Oxidation Ditch Rehabilitation Project to Florida Design Contractors, Inc. of Lake Park, Florida funded by the State Revolving Fund (SRF) Loan. Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial . \` Services Director: John DeLeo Date: 10 The City Manager recommends that City Council t ke the following action:Award the Bid for construction of the Oxidation Ditch Rehabilitation Project to Florida Design Contractors, Inc. of Lake Park, Florida in the amount of $2,574,000 and authorize the City Manager to execute the Construction Agreement for same. Approved by City Manager: David L. Greene c- Date: ! 3 1 I Attachment #1 • Bid Summary • Engineer's Evaluation Letter • Additional Bidder Project Information c a 0 1 1 I` r d eel c * t� ,N In t<1 Ni tNi N 1g (N • N. - C (; 41 q ,,i,.! Q 9 va4csisa CD c 14 e 4 1 4 46 to U o m o i 5 ibmi z, A ct) relca o P t Qt';', 5-- cl ' )4 k\J ,7 TETRA TECH July 19, 2016 Mr. Jeff Ratliff Capital Projects Director City of Cape Canaveral 601 Thurm Boulevard Cape Canaveral, FL 32920 Subject: City of Cape Canaveral Wastewater Treatment Plant Improvements for Oxidation Ditch Rehabilitation City of Cape Canaveral Bid No. 2016-03 Recommendation of Award Tt# 200-52528-13003 Dear Mr. Ratliff: Four(4)bids were received by the City of Cape Canaveral(City)on June 30,2016 for the above-referenced project. R2T, Inc. was the apparent low bidder with a total bid of $2,412,060, with Florida Design Contractors, L7 Construction, and Wharton Smith being the second, third, and fourth apparent lowest bidders at $2,574,000, $2,687,700, and $2,982,380, respectively. The bid received from Wharton-Smith included a math error on Item 4 and was corrected.The bid tabulation listing each bid is attached hereto. A request was made to the three low bidders to clarify and supplement the submitted similar projects requirement of the bidding documents. Upon receipt of the requested information, R2T, Inc. was unable to produce projects that meet the intent of the required qualifications. Conversely, Florida Design Contractors, 2nd low bidder, was able to supplement projects and met the intent of the similar projects requirements stated in Section 00303. References contacted for Florida Design Contractors were positive,with high marks for ability and professionalism. They are a well-regarded general contractor with the local municipalities. Florida Design Contractors has also recently completed a project for the City successfully. The consensus is that the projects performed by Florida Design Contractors were completed to the satisfaction of the utility Owners. Based on the evaluation, our recommendation is that the project be awarded to Florida Design Contractors in the amount of$2,574,000. If you have any questions or comments, please do not hesitate to call. Very truly yours, Tetra Tech Rasesh R. Shah, P.E. Project Manager Attachment C: Susan Hayse,Tetra Tech RRSIaWConstrBldSupportBidReview!Oxidation Ditch-ROA Tetra Tech 201 E. Pine Street, Suite 1000, Orlando, FL 32801 Tel 407.839.3955 Fax 407.839.3955 tetratech.com O Q m O O 2 4 0 4 m ll• II�LLLL ¢ Q - 6N RFo�L0 i'] N 4� t coN Q Z J a) E E N J U Q C I t w a9 w rR e9 w w �+ M LJ. uJ F 8 8 0 8 W < i 0, E O000OOo < Q - 'm gra Nag 0 0 o C' OI c U oui+ $ n LL U _ aN O ~ Q C to. fa 17, m U o a m 8888888 e F • OdPB o aorticovi r Q -- .-w N8"r-O c0 0 U N 40 X E ni O P W J w M b!M 69 V 3 w ©4m• o8888888pp8 u) q 8-Os4 �8f? U rM1 W N 2 U) 9U, 44 U)U) 34 p Lu 8 0 8 8 ppS 8 8 8 m a o 0 0 0 $ ei Ft.II c3ao$ © r rd. N �cru n y N pg: F- U).9 w w w w w M C 8 8 8 8 8 8 8 O O 0 0 8 II6 O O O O O p 8 88880V Ai 8 re0 U 8 8 O." 8 8 _' O E ti 7 6940 40,w w CO r9 ¢8 0 0 8 8 8 8 0 0 0 0 0 G e. mf(� 4[8 [118 w 000 Q 4 q 80 45 88 8 0 88 wM li: .'-i+ rn v N E N m N ce w 49 19 t9 v.,N w 4r, - *.') ' CCJJ 8 o d o 0 a e m004-8 o0 LYS ' 8 8 8- 8 8 O 8'i° 00 Q N O C ea • w...*99wMe9w J Q U' Z S' J J J 8 Q J CO O a_ F r r 0 1/ 2 r7 .n T .- rJ a, 8 / y co o LU ri oC 3N ? I— E _ E 1` m C m e J ZE N U C 9C �r 3. m O W -d a �5d3 f eb- E'E 0o6sc m m CI v m -z vOcr _9_ v a i� m c. U O y 3 w L ii°J .. z N N C 4 L G _ Lc .c $c u mN E Q h L . 54 ACE ASO +`�' ' City AiNnk)licofCa Workse DepartmentCanaveral CflT OF CAP!LANAVERAL July 12, 2016 Mr. Thomas Clarke President Florida Design Contractors, Inc. 1324 South Killian Drive Lake Park, FL 33403 Subject: City of Cape Canaveral WWTP improvements for Oxidation Ditch Rehahilitation Bid#2016-03 Dear Mr. Clarke: Thank you for submitting a bid for the WWTP Improvements for Oxidation Ditch Rehabilitation project. The City of Cape Canaveral (City) is in the process of evaluating bids submitted on June 30, 2016. We have started reviewing the bids for completeness. The following deficiency was noted in your bid: 1. Section 00303 Similar Projects Compliance - Three (3) submitted projects appear to generally fall in the "similar projects" category but not all the information was available to positively confirm compliance with the requirements. Please supplement the information or submit other projects that meet the requirements. Similar Projects requirements were documented in the Section 00303. Please submit the above-listed information to complete your bid before 2:00 pm on July 15, 2016. If you have any questions or comments, please do not hesitate to call. Respectfully. T. Jeffrey A.iatliff Capital Projects Director cc: Rasesh Shah., Tetra Tech 601 Ilnort,r Hi%ti • Poq ()Trice Iio\ 426 • ( apeC anaxeral. 1 t 2920-n12t, lelepl one i 'I ) 808-1240 • I-a\, t 32 I 1 So;.-I-'3 Al+q ctt\irIeJprc.ut,i\craI urs' • email. 1110ULFI\()IL.ipecan:o.Qral t+rg LSTAL3USHF_D 197x1 F ORIDA DESIGN CONTRACTORS CIVIL L ENVIRONM Wednesday,July 13,2016 Jeffrey A. Ratliff City of Cape Canaveral,Capital Projects Director 601 Thurm Blvd Cape Canaveral, FL 32920-0326 E: J.RatliffPcityofcapecanaveraLorg Re: City of Cape Canaveral WWTP Improvements for Oxidation Ditch Rehabilitation(Bid#2016-03) Qualification Response Dear Mr, Ratliff: In your follow-up to your letter dated July 12, 2016, we are providing the following information to better your evaluation of the WWTP Improvements for Oxidation Ditch Rehabilitation project. Corporate Relative Complete Projects: As the Contractor performing the work, the project's largest amount of risk is associated with the logistics of maintaining a WWTP while taking a portion of the plant offline(i.e. bypass)and the tie-ins of the large dimeter piping while dewatering(i.e. MLSS piping). A project that we recently completed in October 2015 that best fits this proposed type of work was 1220— Florida Governmental Utility Authority, Lehigh Acres,WWTP Headworks. This project required multiple tie-ins to separate WWTPs on the site, but most notably, a deep 30-inch plant influent tie-in to the headworks compares to the four 30-inch tie-ins on the proposed project. These four tie-ins will require proper planning, execution and experience to complete while maintaining plant flow and groundwater levels which we have completed successfully. Other similar work would be that of the fabricated weir/sluice gates in the Oxidation Ditch. We picked the 1145—Immokalee Water&Sewer District,Wastewater System Improvements project,due to the similarities of the aeration equipment in Oxidation Ditch. This project included the complete construction of a 1.5 MGD Oxidation Ditch as the proposed work only includes some modifications to the existing. We installed a total of eight aerators; six aerators including splash guards for Oxidation Ditch and two aerators in the Sludge Holding Tanks. This WWTP plant expansion required a wide range of coordination and had just about every constructed structure required for a WWTP. Lastly, the project with the most diffused aeration experience relative to the work in the EQ Basin is the 1015—Yankee Lake WRF Phase 1 Improvements project which included a 3.5 MGD upgrade to the existing WWTP. This project specifically required installation of Sanitaire Fine Bubble Diffuser system and stainless steel air piping in a BNR Basin. The BNR Basin consisted of twelve aeration zones totaling 12,300 SF of aeration. This project also included sluice/weir gate installation similar to the proposed work. 1326 South Killian Drive,Lake Park,FL 33403 www filarrd,Des,,iControctors.com Phone:561-845-1233 I Fax:561-848-5992 I Email:GSchmidE@FloridaDesignContractors.com CGC-040304 - ESTABLISHED 1q79 F +DRIDA DESIGN CONTRACTORS CIVIL .tPVIKONNtKT.4 Corporate Current& Relative Projects: A project currently in progress close to the Cape Canaveral WWTP is our project 1265 — Brevard County, Port St. John, WWTP Improvements. We welcome you to our jobsite to review the 2,200 SF Sanitaire Coarse Bubble Diffuser installation currently in progress Please contact myself and we can arrange a meeting with the project team. Another project currently in progress is the City of Marco Island, RWPF Headworks Replacement project We are currently scheduled to install 1,900 SF of Sanitaire Coarse Bubble Diffusers starting in September. Our project 1320 —City of Tampa, HFC AWTP Diffused Air Reactors Improvements, Phase I is targeted to start construction this October. This project includes; removal & replacement of three 7.5 hp aerators and six zones totaling 99,200 SF of Sanitaire Fine Bubble Diffusers with the associated stainless steel air process piping. In closing, Florida Design Contractors recently completed 2.5 MG Reclaimed Storage Tank & Filter Press Addition project for the City of Cape Canaveral this past April. This project was a major success due to all the parties coming together and working as a team with one final product in mind. We look forward to the possibility of working together. Should have any questions or concerns regarding this matter, please feel free to contact me at my office or cell phone. Respectfully, 4 Geo frey L Schmidt Vice President, Marketing Florida Design Contractors Cc; Rasesh Shah(Tetra Tech) Torn Clarke&Elissa LaPerna(FDC) Attachment(s): Cape Canaveral Letter Dated July 12,2016 1326 South Killian Drive,Lake Park,FL 33403 4V:"✓W rfondODes+gnContrnctars.carn Phone:561-845-1233 I Fax:561-848-5992 I Email:GSchmidt@FlotidaDesienContractors.com CGC-040304 +0p�C)E Ash City of Cape Canaveral 1 r Public Works Department • • July 12, 2016 Mr. Jeff Watson Vice President R2T, Inc 1201 US Highway 1, Suite#220, North. Palm Beach, FL 33408 Subject: City of Cape Canaveral WWTP Improvements for Oxidation Ditch Rehabilitation Bid #2016-03 Dear Mr. Watson: Thank you for submitting a bid for the WWTP Improvements for Oxidation Ditch Rehabilitation project. The City of Cape Canaveral (City) is in the process of evaluating bids submitted on June 30, 2016. We have started reviewing the bids for completeness. The following three (3) deficiencies were noted in your bid: 1. Financial Statement/Will Supply Letter; 2. Evidence of Certification and License to Perform Work; and 3. Section 00303 Similar Projects Compliance - None of the submitted five (5) projects appear to generally fall in the "similar projects" category. Please provide necessary information to positively confirm compliance with the requirements. Please supplement the information or submit other projects that meet the requirements. Similar Projects requirements were documented in the Section 00303. Please submit the above-listed information to complete your bid before 2:00 pm on July 15, 2016. If you have any questions or comments, please do not hesitate to call. Respectfully. Je ey A. Ratliff Capital Projects Director cc: Rasesh Shah..Tetra Tech ht►l Munn Blvd • Post Office Box 326 • Cape Cana%end. Fl. 32920-0326 Telephone (321 ) K68-1240 • Fax: (321) 868-1233 ww\x.eityolcapecanaveral.org • email: info./cityofcapecanaveralore July 14, 2016 Mr,Jeffrey Ratliff Capital Projects Director City of Cape Canaveral 601 Thurm Blvd. Cape Canaveral, FL 32920-0326 RE: City of Cape Canaveral WWTP Improvements for Oxidation Rehabilitation Bid #2016-03- Request for Additional Information Dear Mr. Ratliff: Thank you for your considerations. We have attached our responses to your concerns for the following items: 1. Financial Statement-Year Ending 2014 is attached. Year Ending 2015 has not been completed,but can be made available upon completion if required. 2. Evidence of our General Contractor License and Utility Contractor License is attached for review. 3. Section 00303 Similar Projects: We have expanded the details and included two additional projects for past experience. Our experience with aeration systems has been further conveyed to show we have performed the design and construction of these systems in various applications. If required, please feel free to contact us with any additional questions or concerns. We will gladly speak with you concerning any aspects of your project as well as any of our past projects. We want to make certain you are fully satisfied with our abilities to adequately perform the work required on your project. R2T looks forward to working with you to provide your facility with the additional functionality you require. Sincerely, •/� LCJataea- Jeff Watson, CGC Construction Manager R2T, Inc. Cc: George Ajy, R2T; Rasesh Shah,Tetra Tech 1201 US Highway 1 Suite 220 North Palm Beach,FL 33408 SECTION 00303 SIMILAR PROJECTS Project Name: City of Cane Canaveral, WWTP Improvements for Oxidation Ditch Rehabilitation List at least five(5)similar projects completed in the last three years that indicate the experience and qualifications of the Bidder(relative to this protect). Similar experience shall be projects for wastewater treatment plant improvements or upgrades for wastewater treatment facilities 1.0 mgd ADF or greater and include aeration system improvements with similar types of equipment(i.e.surface aerators,blowers,diffusers,etc.).Information should include Owner's name with contact person description of work including Bidder's responsibilities; original contract price; final contract price; original contract time; actual time to complete the project: and any relevant circumstances or conditions about the project. PROJECT NAME: Holston Army Ammunition Plant Industrial W W't'P OWNER'S NAME: SAIC CONTACT: Mark J.Klingestein,P.E. PHONE: 973-439-2911 PROJECT DESCRIPTION: R2T was contracted to design and construct upgrades to the Holston Army Ammuniton Plants(HSAAP)Industrial Wastewater Treatment Plant.Accumulated sludge and grit was removed from each of the 4-1,000 sgft basins(total aread of 4,000 sq.ft.)The basins were then cleaned and a stainless steel air header and distribution system was installed in each basin.The system was an all SSTL system as manufactured by Roberts Environmental. ORIGINAL CONTRACT AMOUNT:$ 90.160 FINAL CONTRACT AMOUNT:$ 2,241,000 NUMBER AND DOLLAR AMOUNT OF CHANGE ORDERS: S change order.Design/Build progressive scopes ORIGINAL CONTRACT TIME(Substantial Completion): 6 months ACTUAL TIME TO COMPLETE(Substantial Completion): 15 months OTHER RELEVANT INFORMATION: The upgrade involved the removal of the existing media,installation of a media support system, new media,new air blower system,actuated sluice gates,trough modification and repairs.Influent piping modification and hydraulic analysis of the pristine and proposed systems.A Nejuros turbo blower was installed to provide air to the system R2T worked with SAIC staff and completed an eyaluation of the variou aeration systems that are available and developed a final selection based on cost,installation requirements and compliance with technical performance. Extensive coordination and field measurements were required to ensure adequate space and tolerances in tight and deep basins. PROJECT NAME: Kingsport Aeration Improvements OWNER'S NAME: Kingsport Aeration Improvements CONTACT: Niki Ensor PHONE: 473-914-9413 PROJECT DESCRIPTION:The projert consisted of installing a new 150 HP air blower and air distribution header piping for an S S MGD treatment plant.Work completed included upgrading the electrical system to power and control the new blower.Integration of the new system with the existing SCADA system occurred.R2T was contracted for additional out of scope work to repair the joints of the 24"DIP header. ORIGINAL CONTRACT AMOUNT:$ 346;000 FINAL CONTRACT AMOUNT:$ 381.900 NUMBER AND DOLLAR AMOUNT OF CHANGE ORDERS: ORIGINAL CONTRACT TIME(Substantial Completion): 8 months ACTUAL TIME TO COMPLETE(Substantial Completion): 12 months,additional time was provided to complete repair to the 24 inch DI air header requested by the Owner. RSS/snr/specs/s-1/00303 Tt#200-52528-13003 00303-1 062514 OTHER RELEVANT INFORMATION: Blower piping is 16'and 24"SSTL welded piping.Blower is a self contained turbo blower assembly capable of 3300 CFM.Limited space in the existing blower room required extensive field coordination to ensure installation of the air piping fittings and connections to the proposed blower and existing air piping. PROJECT NAME: Hurlburt Field Air Force Base OWNER'S NAME: Weston Solutions,Inc. CONTACT: John Lathram PHONE: 770-325-7983 PROJECT DESCRIPTION: 112T was subcontracted by Weston Solutions,Inc.to construct the water reuse transfer pump station and upgrades to the electrical and control systems for the I lurlburt Field WWII".The work included 4"to 16"DIP,pumps,deep excavations,35,000'PV C piping. ORIGINAL CONTRACT AMOUNT:$ 2,454,000 FINAL CONTRACT AMOUNT:$ 2,837,000 NUMBER AND DOLLAR AMOUNT OF CHANGE ORDERS: 10 change urger totaling$383,000 ORIGINAL CONTRACT TIME(Substantial Completion): 10 months ACTUAL TIME TO COMPLETE(Substantial Completion): .16 months OTHER RELEVANT INFORMATION: Specifically.R2T services included the following:Transfer Pump Station,High Service Pump Station, Electrical and Supervisory Control Data Acquisition(SCADA), Reuse Distribution Pipeline&Permitting and Safety. Extensive utility efforts,coordiantion with existing utilities and base operations were required. PROJECT NAME; Robins Air Force Base Headworks OWNER'S NAME: Robins AFB Headworks CONTACT: Khalida Hooper PHONE: 478-327-8941 PROJECT DESCRIPTION: Design new equipment to replace existing headworks equipment.Procure and install new headworks screening and grit classifier equipment.Integrate new equipment into existing SCADA system. ORIGINAL CONTRACT AMOUNT:$ 335.N° FINAL CONTRACT AMOUNT:$ 335,000 NUMBER AND DOLLAR AMOUNT OF CHANGE ORDERS: ORIGINAL CONTRACT TIME(Substantial Completion): 6.months ACTUAL TIME TO COMPLETE(Substantial Completion): _ 6 months OTHER RELEVANT INFORMATION: The existing systems were not integrated with the plant SCADA system.No alarms or communication were presente to alert operators of an issue.In order to modernize the operations a radio communication system was implemented.Alarm and status signals will be conveyed to the SCADA computer via radio transmission This approach allowed for easy integration with no underground conduit installation required. RSS/snr/specs/s-1/00303 Tt#200-52528-13003 00303-2 062514 South Grainvillc WWTP PROJECT NAME: OWNER'S NAME: South Grainville Water and Sewer Authority (Sub to Choate Construction,Inc.) CONTACT: Seth Ellington,Choate Construction PM PHONE: 678-892-1277 PROJECT DESCRIPTION: R2T was contracted to install headworks equipment.Included grit chamber drive unit,slide gates,vertical plate screens,grit classifiers,grit pumps and associated DIP piping.The system had a combined capacity of approximately 10 MCD. ORIGINAL CONTRACT AMOUNT:$ 72,160 Labor only contract FINAL CONTRACT AMOUNT:$ 164,065 NUMBER AND DOLLAR AMOUNT OF CHANGE ORDERS: 2 change orders totaling$91,905 ORIGINAL CONTRACT TIME(Substantial Completion): 3 months ACTUAL TIME TO COMPLETE(Substantial Completion): 5 months,additional scope OTHER RELEVANT INFORMATION:R-'I'provided superintendent and process crews to complete installation of various equipment and associated piping and valves.We were contracted for this project for our expertise installing and commissioning equipment at WWTP locations. PROJECT NAME: Elhmont Campground Water System Improvements OWNER'S NAME: National Park Service CONTACT: Laurie Jackson PHONE: 865.436.1219 PROJECT DESCRIPTION: The project consisted of the replacement of the existing water main distribution system within the park.Ml 10,000 feet of ductile iron pipig was removed and replaced with new throughout the park.Extensive rock excavation and removal was required due to the location within the Smoky Mountains.Installed 4",6",8",10"and 12"DIP ORIGINAL CONTRACT AMOUNT:$ 946,000 FINAL CONTRACT AMOUNT:$ 946,000 NUMBER AND DOLLAR AMOUNT OF CHANGE ORDERS: ORIGINAL CONTRACT TIME(Substantial Completion): 7 months ACTUAL TIME TO COMPLETE(Substantial Completion): 7 months OTHER RELEVANT INFORMATION: Pump station and water tank demolition was required as part of the work.New hydrants and drinking water fountains were installed.All landscaping was returned to a native condition after construction. RSS/snr/specs/s-1/00303 Tt#200-52528-13003 00303-3 062514 PROJECT NAME: Rig Cypress WWTP OWNER'S NAME: Seminole Tribe of Florida CONTACT: PHONE: 866-625-5376 PROJECT DESCRIPTION:Oversaw installation of equipment for an SBR system.The system included gear driven parabolic mixer with aeration to mix and aerate the basins.Multiple blowers located remotely provided air to the distribution system.Additional equipment included rotary screens and a grit chamber mixer assembly.Grit classifiers and pumps conveyed grit to a dumpster. ORIGINAL CONTRACT AMOUNT:$ 18,000,000 FINAL CONTRACT AMOUNT:$ 18,000,000 NUMBER AND DOLLAR AMOUNT OF CHANGE ORDERS: ORIGINAL CONTRACT TIME(Substantial Completion): is months ACTUAL TIME TO COMPLETE(Substantial Completion): i8 months OTHER RELEVANT INFORMATION: Acted as overall construction manager,coordinated procurement.delivery of process and 1&C packages for the entire treatment plant.Provided quality control services,start up and commissioning. PROJECT NAME: OWNER'S NAME: CONTACT: PHONE: PROJECT DESCRIPTION: ORIGINAL CONTRACT AMOUNT:$ FINAL CONTRACT AMOUNT:$ NUMBER AND DOLLAR AMOUNT OF CHANGE ORDERS: ORIGINAL CONTRACT TIME(Substantial Completion): -- ACTUAL TIME TO COMPLETE(Substantial Completion): OTHER RELEVANT INFORMATION: RSS/snr/specs/s-1/00303 Tt#200-52528-13003 00303-3 062514 Attachment #2 Construction Agreement Oxidation Ditch Reconfiguration Cape Canaveral, Florida CONSTRUCTION AGREEMENT This Agreement made this day of , 2016 between the CITY OF CAPE CANAVERAL,a Florida municipal corporation(herein referred to as CITY)and FLORIDA DESIGN CONTRACTORS, INC., a State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida(herein referred to as CON IRACTOR), as follows: 1. DESCRIPTION OF WORK- CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of improvements to the oxidation ditch at the City's wastewater treatment plant (WWTP), as set forth in the Scope of Services, attached hereto as Exhibit"A",and fully incorporated by this reference("Work"). 2. CONTRACT DOCUMENTS-The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; Engineering Plans and Drawings prepared by Tetra Tech, dated May 2016; Bid # 2016-03; Documents issued by the CITY; CONTRACTOR'S Bid Submittal;General Conditions by the CITY; Supplemental Terms and Conditions by the CITY and Florida Department of Environmental Protection(FDEP);and all Change Orders approved by the CITY after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement Exhibits and Addenda; CON TRACTOR'S Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions(CITY and FDEP); d. General Terms and Conditions;or e. Engineering Plans and Drawings. Any inconsistency in the work description shall be clarified by the CITY and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors,ambiguities or discrepancies be found in the Agreement or specifications,the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision of the CITY. When the material, article or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article or equipment City of Cape Canaveral/Florida Design Contractors, Inc. Page 1 of 13 Oxidation Ditch Reconfiguration Cape Canaveral,Florida being provided without additional cost to the CITY. A substitute material,article or equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME -The CONTRACTOR shall begin work within fourteen (14)days after the issuance of a written Notice to Proceed and shall complete the Work within 480 days from the date of Notice To Proceed. Extensions, if any, are authorized by CITY, and may only be granted in writing. 6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof,CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)CONTRACTOR shall pay CITY one hundred dollars($100.00) per day for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00)dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order,the Total Contract Price of two million,five hundred seventy four thousand dollars and no cents($2,574,000.00). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid,which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement,without penalty,for convenience. Further,the CITY reserves the right to revoke and terminate this Agreement in the following circumstances,each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the CITY specifying the default complained of unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default,provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore;or City of Cape Canaveral/Florida Design Contractors, Inc. Page 2 of 13 Oxidation Ditch Reconfiguration Cape Canaveral, Florida b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder;or d. CONTRACTOR has committed any act of fraud upon the CITY;or e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing its obligations under this Agreement;or f. CONTRACTOR is experiencing a labor dispute,which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy CITY may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have the right to exercise any other remedy the CITY may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges,determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE -Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment or facilities;court injunction or order;federal and/or state law or regulation;order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days,either party may terminate this Agreement. 10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void or otherwise unenforceable by a court of law, the parties,at the sole discretion and option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project Manager,by CONTRACTOR as the work progresses and in accordance with the Contract Documents. City of Cape Canaveral/Florida Design Contractors,Inc. Page 3 of 13 Oxidation Ditch Reconfiguration Cape Canaveral,Florida Progress payments may be withheld if: a. Work is found defective and not remedied; b. CONTRACTOR does not make prompt and proper payments to subcontractors; c. CON TRACTOR does not make prompt and proper payments for labor, materials, or equipment furnished him; d. Another Contractor is damaged by an act for which CONTRACTOR is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the CITY,CONTRACTOR'S work is not progressing satisfactorily. 12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the project,CITY shall reduce to 5%the amount of the retainage withheld from each subsequent progress payment made to the CONTRACTOR unless the project is subject to Federal funding,in whole or in part,and the project is subject to laws and regulations contrary to the Act. The term"50%completion of the project" shall mean the point at which the CITY has expended 50%of the total cost of the construction services purchased under this Agreement together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in this Agreement. After 50% completion,the CONTRACTOR may present to the CITY a payment request for up to one-half of the retainage held by the CITY.CITY shall promptly make payment to the CONTRACTOR unless the CITY has grounds,under the Act,for withholding the payment of the retainage. The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate.CITY shall make final payment to CONTRACTOR within thirty(30)days after the work is fully and properly completed,if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all labor,materials and equipment for which a lien could be filed,or in the alternative a bond satisfactory to CITY indemnifying him against such claims. By making payments, CITY does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; c. Outstanding claims of liens;or City of Cape Canaveral/Florida Design Contractors, Inc. Page 4 of 13 Oxidation Ditch Reconfiguration Cape Canaveral, Florida d. Failure of CONTRACTOR to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY-The duties and authority of the CITY are as follows: a. General Administration of Contract.The primary function of the CITY is to provide the general administration of the contract. In performance of these duties,Jeff Ratliff or his authorized representative is the CITY's Project Manager during the entire period of construction. The CITY may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The CITY will not be responsible for the means of construction, or for the sequences, methods and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress,and any such inspections shall not waive CITY's claim regarding defective work by CONTRACTOR. d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and CITY. e. Rejection and Stoppage of Work.The CITY shall have authority to reject work which in its opinion does not conform to the Contract Documents,and in this connection may stop the work or a portion thereof,when necessary. f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and CITY's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING--CITY's Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the CTTY, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the CITY's Project Manager. 15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: City of Cape Canaveral/Florida Design Contractors, Inc. Page 5 of 13 Oxidation Ditch Reconfiguration Cape Canaveral,Florida a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work,paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents)hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by CITY. 16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the CITY. a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by CONTRACTOR,CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY. 17. THIRD PARTY RIGHTS -Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. City of Cape Canaveral/Florida Design Contractors, Inc. Page 6 of 13 Oxidation Ditch Reconfiguration Cape Canaveral, Florida 18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE-Nothing herein shall be deemed to create a joint venture or principal- agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION—For other and additional good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and defend the CITY,its officers,agents,officials,representatives, employees, and/or attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain, incur or be required to pay, arising out of,wholly or in part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s),representatives, servants or employees in the execution,performance or non- performance or failure to adequately perform CONTRACTOR's obligations pursuant to this Agreement. The indemnification provided above shall obligate the indemnifying party to defend at its own expense or to provide for such defense, at the sole option of the CITY, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, officials, representatives, employees, and/or attorneys which may result from the services under this Agreement whether the services be performed by the indemnifying party or anyone directly or indirectly employed or hired by them. In all events the CITY 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 herein, as long as said fees are reasonable. This paragraph shall survive termination of this Agreement. 21. SAFETY-CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the CITY the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. City of Cape Canaveral/Florida Design Contractors, Inc. Page 7 of 13 Oxidation Ditch Reconfiguration Cape Canaveral, Florida b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation,CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the CITY prior to the execution of this Agreement. 23. BOND - CONTRACTOR shall supply a materials,performance and payment bond(s)in form approved by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the Contract Documents. 24. INSURANCE-During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of$2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of$1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the CITY pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day City of Cape Canaveral/Florida Design Contractors,Inc. Page 8 of 13 Oxidation Ditch Reconfiguration Cape Canaveral,Florida advance written notification to the CITY in the event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding workers' compensation and professional liability policies. Independent Associates and Consultants.All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in this paragraph section 24. 25. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement,both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard County, Florida. 26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida.Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES-Should either party bring an action to enforce any of the terms of this Agreement,the prevailing party shall be entitled,to the extent permitted by law,to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 28. NOTICES - Any notice or approval under this Contract shall be sent,postage prepaid, to the applicable party at the address shown on page 9 of this Agreement. 29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder,it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 30. DOCUMENTS - PUBLIC RECORDS: Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, CONTRACTOR agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes,films,photographs,data processing software,writings or other material(s), regardless of the physical form, characteristics, or means of transmission, of CONTRACTOR related, directly or indirectly, to the services provided to the CITY under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official City of Cape Canaveral/Florida Design Contractors, Inc. Page 9 of 13 Oxidation Ditch Reconfiguration Cape Canaveral, Florida business by the CITY,may be deemed to be a public record,whether in the possession or control of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s),regardless of the physical form,characteristics,or means of transmission of CON TRACTOR are subject to the provisions of Chapter 119,Florida Statutes,and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. CONTRACTOR is required to and agrees to comply with public records laws.CONTRACTOR shall keep and maintain all public records required by CITY to perform the services as agreed to herein. CON TRACTOR shall provide the CITY, upon request from the CITY CLERK, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, CONTRACTOR shall transfer to CITY, at no cost, all public records in possession of the CONTRACTOR, provided the transfer is requested in writing by the CITY CLERK. Upon such transfer,CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the CITY CLERK does not request that the public records be transferred, the CONTRACTOR shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from the CITY CLERK,in a format that is compatible with the information technology systems of CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the CITY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. CONTRACTOR acknowledges that if the CONTRACTOR does not provide the public records to the CITY within a reasonable time,the CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel production of public records relating to this Agreement,the court may assess and award against CONTRACTOR the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall,at any and all reasonable times during the normal business hours of the CONTRACTOR,be open and freely exhibited to the City of Cape Canaveral/Florida Design Contractors, Inc. Page 10 of 13 Oxidation Ditch Reconfiguration Cape Canaveral,Florida CITY for the purpose of examination,audit,or otherwise. Failure by CONTRACTOR to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter 119,Florida Statutes,due to CONTRACTOR's failure to comply with this Section,the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And, if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement,nothing contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under Section 768.28, or other limitations imposed on the CITY's potential liability under state or federal law. As such,the CITY shall not be 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 dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars($300,000.00). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral,in effect between the parties relating to the subject matter hereof unless expressly referred to herein.Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. City of Cape Canaveral/Florida Design Contractors, Inc. Page 11 of 13 Oxidation Ditch Reconfiguration Cape Canaveral,Florida 35. DRAFTING- CITY and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three(3)business days after being deposited in the United States Mail,postage prepaid,certified or registered;or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission,with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): For City: For Contractor: City of Cape Canaveral David L. Greene,City Manager 105 Polk Avenue Cape Canaveral,FL 32920 Phone: 321-868-1220 Phone: Fax: 321-868-1224 Fax: Either party may change the notice address by providing the other party written notice of the change. [N WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. WITNESSES: CONTRACTOR: Ey: Print Name: Print Name: Title: Print Name: City of Cape Canaveral/Florida Design Contractors, Inc. Page 12 of 13 Oxidation Ditch Reconfiguration Cape Canaveral,Florida CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: David L. Greene,City Manager By: Mia Goforth,City Clerk Date City of Cape Canaveral/Florida Design Contractors, Inc. Page 13 of 13