HomeMy WebLinkAboutBED Agenda Pkt. 5-9-2017BUSINESS AND ECONOMIC DEVELOPMENT BOARD MEETING
CAPE CANAVERAL PUBLIC LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday
May 9, 2017
3:00 PM
AGENDA
CALL TO ORDER:
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 Business & Economic Development Board 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 Business & Economic Development Board will not take any action under the "Public
Participation' section of the agenda. The Business & Economic Development Board may schedule items not on the
agenda as regular items and act upon them in the future.
ACTION/DISCUSSION ITEMS:
1. Approval of Meeting Minutes: October 12, 2016
2. Interviews for Board candidates.
a. Business and Economic Development Board Duties
b. Applications for Board vacancy
3. Review of Board Roles & Responsibilities
a. Sunshine Law and Public Records Law — an overview
b. Board member Code of Conduct — an overview (signatures required)
4. Review of Economic Development Tools
a. Community Redevelopment Agency
b. Economic Opportunity Overlay District (EOOD)
5. Review of Ad Valorem Tax (AVT) Exemption Program — Comprehensive Health Services,
Inc.
6. Status update on development trends:
a. Anticipated Hotel starts (Discussion Only)
7. Undeveloped Cl, C2 & M1 property north of Imperial Blvd.
8. Status update on Cape Canaveral/Port Canaveral Initiatives
a. Connector Roads
b. Port Draft Master Plan
9. Status of pending State Legislative Actions
REPORTS:
ADJOURNMENT:
Business and Economic Development Board Meeting
May 9, 2017
Page 2 of 2
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 Business & Economic Development Board 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 (321-868-1220 x220 or 221) 48 hours in advance of the meeting.
BUSINESS & ECONOMIC DEVELOPMENT BOARD
MEETING MINUTES
October 12, 2016
A Meeting of the Business & Economic Development Board was held on October 12, 2016, at the
Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Omar
Capellan called the meeting to order at 3:10 pm due to recording difficulties. The Secretary called
the roll.
ROLL CALL:
MEMBERS PRESENT
Omar Capellan
James Massoni
Shannon Roberts
Melanie Evans
MEMBERS ABSENT
Andrew Serafin
OTHERS PRESENT
Todd Morley
David Dickey
Patsy Huffman
NEW BUSINESS:
Chairperson
Vice Chairperson
Economic Development Director
Community Development Director
Board Secretary
DRAFT
See handwritten notes for beginning of meeting due to recording issues (3:10 pm — 3:23 pm)
Board Member Roberts challenged the validity of the approved meeting minutes from September
23, 2014.
Motion by Vice Chairperson Massoni, seconded by Chairperson Capellan to re -certify the Meeting
Minutes of September 23, 2014, as presented. The motion carried 3-1 with voting as follows: Board
Member Evans, For; Vice Chairperson Massoni, For; Chairperson Capellan, For and Board
Member Roberts, Against.
1. Recommendation to City Council for an Ad Valorem Tax Abatement Incentive —
Project Zeus.
Project Zeus is a medical services and management company considering relocation of its
corporate offices from Reston, Virginia to an existing 63,000+ SF building at 8600 Astronaut Blvd.
The company currently employs approximately 300 people in the City of Cape Canaveral and
plans to create 150 new jobs over 3 years with an average wage of $66.000 and invest $4,500,000
in new capital expenditures
Business & Economic Development Board
Meeting Minutes
October 12, 2016
Staff explained the criteria for EDC scoring and how the AVT Council came to its
recommendation. Board requested clarification of the timeline and process when EDC was
presented a proposal, when State QTI became involved and subsequent BED Board Meeting.
Motion by Board Member Roberts, seconded by Board Member Evans to approve
recommendation for an Ad Valorem Tax Abatement incentive for 1 t 100%. Vote on the
motion carried unanimously.
REPORTS AND OPEN DISCUSSION:
Open discussion included Board Member Roberts questioning the actions recommended at the last
meeting and her desire for the Board to meet more frequently. Staff indicated the Board was
established to meet as needed and the need is no longer as great; the Board was created at a time
when the City did not have a full-time Economic Development Staff member, which is now 100%
fully staffed; there is now a reduced workload for the Board. Board Member Roberts reiterated her
desire for the Board to meet more frequently.
Board discussion indicated majority did not agree there was a need to meet more frequently. Staff
pointed out that the majority of the Board was not in support and discussed City Code Section 2-
172, which established a Code of Conduct that applied to all Board members. Specifically cited
was Sec. 2-172(o), which required Board Members to accept the will of the majority.
Board Member Roberts expressed displeasure with the role of the Board as it relates to the list of
actionable items in the governing ordinance; requested Board agree to have City Council review
the role of the Board and amend the Code as necessary. All other members disagreed. Staff again
pointed out the Code of Conduct, specifically cited in Sec. 2-172(o), required Board Members to
accept the will of the majority.
Discussion ensued to include Board Member Roberts' critical comments regarding length of time
she met with Staff at a previous meeting. Staff indicated support of the Board Member's liaison
roles in the Community.
Board Member Roberts stressed her recommendation to modify/update the Code regarding duties
and meeting schedules. Chairperson Capellan disagreed with this recommendation (as did the
majority). Board Member Roberts spoke of the need to fill current Board vacancies to include
business members in the community; she voiced displeasure with the Chairperson's leadership and
desire to have him replaced; other Members did not agree.
ACTION ITEM:
None
2
Business & Economic Development Board
Meeting Minutes
October 12, 2016
ADJOURNMENT:
Motion by Chairperson Capellan, seconded by Vice Chairperson Massoni to adjourn the meeting
at 4:00 pm. The motion carried 3-0 with voting as follows: Board Member Evans, For; Vice
Chairperson Massoni, For; Chairperson Capellan, For and Board Member Roberts abstained from
voting.
Approved on this day of , 2017.
Omar Capellan, Chairperson
Patsy Huffman, Board Secretary
3
ATTACHMENT 2a
Chapter 22 - COMMUNITY DEVELOPMENT
ARTICLE I. - IN GENERAL
ARTICLE II. - BUSINESS AND ECONOMIC DEVELOPMENT BOARD
Sec. 22-26. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Commerce or commercial pertains to activities in the areas of industry, commerce, business and
tourism.
Sec. 22-27. - Established.
The city establishes a business and economic development board in and for the city.
Sec. 22-28. - Composition.
The business and economic development board shall consist of seven regular members.
Sec. 22-33. - Purpose and duties.
The business and economic development board shall serve as a citizen advisory committee and have
the purposes and duties to:
(1) Provide recommendations to the city related to the implementation of economic and business
development policies established by city.
(2) Confer with and advise the city on all matters concerning the development of commerce. The
board shall encourage high value business investment and job creation in the city and advise the
city on actions to undertake in accomplishing this goal. Actions may include identifying barriers to
economic development for desired businesses and creation of economic incentives.
(3) As may be requested, act as liaison for the city in the area of public relations with the following
a. Cocoa Beach Regional Chamber of Commerce.
b. Canaveral Port Authority.
c. Economic Development Commission of Florida's Space Coast.
d. Other similar organizations or agencies which, in the opinion of the business and economic
development board, would be appropriate for such liaison.
(4) Determine from existing commercial enterprises in the city and interested outside entities
contemplating locating in the city the appropriate and necessary action the city should take to
enhance and encourage the further development of the city's commerce and coordinate with and
advise pertinent officials and boards in the city as to the implementation of this action.
(5) Advise the city of the advent of any new commercial activity, i.e., new businesses, significant
change in existing businesses, etc., in the city's commerce in order that timely and appropriate
recognition by the city can be effected.
(6) Cooperate with all community groups, which are dedicated to orderly commercial expansion of
the city and furnish them with aid and advice as is deemed appropriate.
(7) Generally, encourage in any manner the development of business, commerce, industry and
tourism in the city.
Page 1
(8) Investigate sources of financial assistance available to the city from the governmental or private
sector and assist the city in properly applying and promoting the successful acquisition of the
assistance. For the purpose of this article, financial assistance may be in the form of grants, low
interest loans or physical property, including that of real or personal nature. Activity in the private
sector will be limited to established foundations.
(9) Review and consider the merits of applications for economic development ad valorem tax
exemptions; make recommendations to the city council as to whether or not to grant the
exemption, and if the exemption is granted, the percentage of the exemption and period of time
for the exemption; make recommendations related to additional incentives, including, but not
limited to development fee waivers and financial contributions.
Sec. 22-34. - Advisory capacity.
The powers and duties of the business and economic development board are of an advisory nature
only, and the board shall not have any powers or duties which conflict with or supersede the powers and
duties of other city boards.
Sec. 22-35. - Indebtedness.
The business and economic development board shall not incur any debts or enter into any contracts
or obligations, which would be enforceable against the city, unless prior approval has been obtained.
Page 2
ATTACHMENT 2b
Memo
TO: Cape Canaveral Business & Economic Development Board
FROM: Todd Morley, Economic Development Director
DATE: May 2, 2017
RE: Board Member Interviews
The Business and Economic Development Board is a 7 -member Board with one vacancy.
Mr. Massoni graciously submitted his letter of resignation because he no longer qualified as
either a resident or a business owner in the City of Cape Canaveral.
The Board will interview prospective applicants and select one applicant for recommendation
to City Council. City Council will then interview the recommended applicant for appointment.
The new appointee will serve the remainder of Mr. Massoni's term which expires on 11/1/18.
City code limits terms for Board members to two terms. A portion of a term constitutes one
term.
The City Clerk's Office maintains active Board applications. There are five current applications
indicating a preference for membership to the Business and Economic Development Board. In
mid-April, Staff sought confirmation of availability from all five applicants. Two of the
applicants did not respond. The other three responded that they were interested. The three
applicants were invited to be interviewed at the May 9t` meeting. They are:
Patrick Daniels
Jared Saft
Don Willis
Please find the three applications enclosed.
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
J '
''/�r►'t+eU
1.
Applicant Name:����
2.
Home Address: 2 J
Z4 CA,4n. A At"E
l vt ?0
3.
Home and Cellular Tel13 �►�'� - z Y ti� 32 yzv
Telephone: -
4.
"�
Occupation: I ✓ I "Le, C-lurl, 13µS t ne: s Y')a t,e f 4p W 4,
5.
Business Telephone:
0l s' �1 S%� 2 YY?
6.
Business Address:
qme/
7.
E -Mail:
IP
c. VV - C_c"✓t
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) L --(N)
2. Have you been a resident of the City of Cape /
Canaveral for 12 months or longer? (Y) (N)
3a. Are you a Business owner: (Y) (N)
3b. If yes to 3a, please list the name:
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)
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a, Do you presently serve on any other City of Cape r
Canaveral advisory board or committee? (Y) (N)
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
appointed to a board or committee. Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral?
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage?
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
initials
(Y) (N)
(Y) (N)
Briefly state your interest
'in, serving on a gqCity advisory board or committee:
IfCrC. ,r%-1treL �i ,r, f14 - -OM.IC T0,C'.114,
CMJ
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. y Board of Adjustment*
b. �_ Business and Economic Development Board*
C. Code Enforcement Board*
d. Community Appearance Board*
e. a Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. Library Board
h._ Planning and Zoning Board*
L 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: j(
/1 Gam,�.-e4% $A
MAC
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.
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 of Male
Asian -American Female
Hispanic -American Not Known
Native -American
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: PJZ7E Date:
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:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMIVJ TEE
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
Applicant Name:
Jared Saft
DC�GLaU_WLE
I
APR 9 zQi%
2. Home Address: 9163 Point Cy ress Dr Orlando FL 32836
6
3. Home and Cellular Telephone: 561-927-9000
4. Occupation: Hospitality Executive & Real Estate Investor
5. Business Telephone: 407-355-1307
6. Business Address: 5001 Windhover Drive Orlando FL 3281
7. E -Mail: _j.ared saft@wgresorts.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.
Are you duly registered to vote in Brevard County?
(Y) (N) X
2. Have you been a resident of the City of Cape X
Canaveral for 12 months or longer? (Y) (N)
3a. Are you a Business owner: Cove
X (N)
3b_ If yes to 3a, please list the name: Carvers Cove R V Resort
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.
4b. if yes to 4a, have your civil rights been restored?
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
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 I +
appointed to a board or committee. Do you voluntarily nifl Is
consent to having a standard background check
Wormed on you by the City of Cape Canaveral? (Y) A (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (y) (N)
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTSIEXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
I believe my expertise in running a $150 million hospitality division
and avid real estate investor would be of benefit to the local communitv
2. in numerical sequence (9 = most interested), please rank which advisory board or committee
on which you wish to serve:
Board of Adjustment*
Business and Economic Development Board
Code Enforcement Board*
Community Appearance Board
Construction Board of Adjustment and Appeals*
Culture and Leisure Services Board
Library Board
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:
I worked in the US Congress as an Aide to Congressman
Robert Wexler
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.
I have my Masters from Brown University in Public Policy and have been an Executive at
one of the largest hospitality companies in Florida for eleven years.
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
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 remai • effective for one year from date of completion.
if you should have 00hs regarding the completion of this application, please contact
the City Clerk's Off)Z a 1) 868-1220 ext. 221.
Signature:
Please return to: City`bf Cape Canaveral
e of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
Office Use Only:
application received:
Appointed:
by:
Board Appointed to:
Tet Expires:
Page 3 of 3
Date:
AUG 5 20 i?
CITY OF CAPE CANAVERAL � r
APPLICA71ON FOR APPOINTMENT TO CITY ADVISORY BOARDMMiTiE
Pursuant to Section 2-171, Cape Canaveral CodV
77-
c
//6�
/ _--
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: DNA Lb A NbR.Ek3 W ► t.Lr 5
2. Home Address: 991,4 PuEPQXr �� R,o hQ, 3o t
3. Home and Cellular Telephone: 3 34- - ?,04 - Ca8-7 3
4. Occupation: ScclrwAjta_E 4F_yC'0PL-Q Ze_'0nJsuy-A,,PJT
5. Business Telephone: 334, - 204 - 69 73
6. Business Address: 2LO R.o,4X . 6-2A}t,om2-7253
7. E -Mail: COAs . W i L -c- 4,% a pb'e-'F R tt.) ;1_.Cp.ri.
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.
Are you duly registered to vote in Brevard County?
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) ✓ (N)
3a. Are you a Business owner: (Y) ✓ (N)
3b. If yes to 3a, please list the name: 4R7W.e- tkiiL'Z"'s
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.
4b. If yes to 4a, have your civil rights been restored?
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
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 _
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) ✓ (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) v-1_
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTSIEXPERIENCE
Briefly state your interest in serving on a City advisory board or committee:
r,.,1 yam« -,err s►-F�. �� lier tG ,-*.,Leve.V&--ks ;AD 77aE ees.+s.+tw�rry
J
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. 3 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. .2.— Planning and Zoning Board*
L 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.
Briefly state any prior experiences in serving on any governmental board or committee:
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.
C HecS.nEe,� o P- S s A ruA - fytA e0ee-r7;JG F-o1Z r.- �orh–w�,er
o M A'iC)a #'-W a. o p~ r)'`'enarw WC t i15 ,u a !"O2 A sr- - ice AJ
�jeeS�.v s7 COAI L►L77AArT�> SoF5rwt11CtF L1EVE4p�•1e`R��9�G'a��"J���"� �3tis�N T7
D. STATE REPORTING REQUIREMENTS pe✓Ecs�A'�a'^n',
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
V/ Male
Asian -American
Female
Hispanic -American
Not Known
Native -American
✓ 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 Cleric's Office at (321) 868-1220 ext. 221.
19
Signature: C/L_�-�LIli �z�.,�
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:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Date: 5 A KG H ST 2 d 11/
BUSINESS & ECONOMIC DEVELOPMENT BOARD
1 Vacancy
REVISED 3/27/2017
(City Code Section 22-33) Duties: shall serve as a citizen advisory committee; provide recommendations
related to the implementation of the economic and business development policies established by the City;
confer with and advise the City on all matters concerning the development of commerce. This Board meets on
an as needed basis.
All Boards are comprised of 7 members and serve 3 year terms of office with term limits of 2 consecutive terms
on the same board, unless no other qualified applicants seek appointment.
MEMBER
TELEPHONE
APPT DATE
TERM EXPIRES
OMAR A. CAPELLAN
Current Term
8501 Astronaut Boulevard, #5-315
704-6243
11-15-16
11-01-19
omar.capellan@Mail.com
Serving Since
(not eligible for another term after 11-1-19)
11-20-12
MARK DERMAN
Current Term
134 Ocean Garden Lane
868-1003
11-15-16
11-01-17
derma.n@digital.net
Serving Since
(eligible for another term after 11-1-17)
11-15-16
RON FOLENO
10090 South Tropical Trail
Current Term
Merritt Island, FL 32952
615-5149
11-15-16
11-01-18
TuscanyCommercialnhotmail.com
Serving Since
(eligible for another term after 11-1-18)
11-15-16
LENNY JOHNSON
Current Term
161 Majestic Bay Avenue, #303
(678) 858-2741
12-1-16
11-01-17
LennyJohnson64a,gmail.com
Serving Since
(eligible for another term after 11-1-17)
11-15-16
MICHAEL D. MOULTON
Current Term
1665 Sandpiper Street
11-15-16
Merritt Island, FL 32952
(413) 663-0555
Serving Since
11-01-19
MikePharmD(� gmail.com
11-15-16
(eligible for another term after 11-1-19)
ANDREW SERAFIN
Current Term
703 Solana Shores Drive, #B304
784-9448
11-01-15
11-01-18
aserafingme.com
Serving Since
(not eligible for term after 11-1-18)
11-20-12
VACANCY
11-01-18
Florida Attorney General - The "Sunshine" Law
ATTORNEY" GENERA
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Open Government - The "Sunshine" Law
Pabe 1 of I
ATTACHMENT 3a
To assist the public and governmental agencies in understanding the requirements and exemptions to
Florida's open government laws, the Attorney General's Office compiles a comprehensive guide known as
the Government -in -the -Sunshine manual. The manual is published each year at no taxpayer expense by the
First Amendment Foundation in Tallahassee.
Florida began its tradition of openness back in 1909 with the passage of Cha ter 119 of the Florida Statutes
or the "Public Records Law." This law provides that any records made or received by any public agency in
the course of its official business are available for inspection, unless specifically exempted by the Florida
Legislature. Over the years, the definition of what constitutes "public records" has come to include not just
traditional written documents such as papers, maps and books, but also tapes, photographs, film, sound
recordings and records stored in computers.
Florida's Government -in -the -Sunshine Law was enacted in 1967. Today, the Sunshine Law regarding open
government can be found in Chapter 286 of the Florida Statutes. These statutes establish a basic right of
access to most meetings of boards, commissions and other governing bodies of state and local governmental
agencies or authorities.
Throughout the history of Florida's open government, its courts have consistently supported the public's
right of access to governmental meetings and records. As such, they also have been defining and redefining
what a public record is and who is covered under the open meetings law. One area of public concern was
whether or not the Legislature was covered under the open meetings requirements. To address that concern,
a Constitutional amendment was passed overwhelmingly by the voters in 1990 providing for open meetings
in the legislative branch of government.
The Attorney General's Office has consistently sought to safeguard Florida's pioneering Government -in -the -
Sunshine laws. Our attorneys have worked, both in the courtroom and out, to halt public records violations.
In 1991, a decision by the Florida Supreme Court raised questions which made it clear that the best way to
ensure the public's right of access to all three branches of government was to secure that right through the
Florida Constitution. The Attorney General's Office then drafted a definitive constitutional amendment,
which guaranteed continued openness in the state's government and reaffirmed the application of open
government to the legislative branch and expanded it to the judiciary. This amendment passed in 1992.
Florida Toll Free Numbers:
- Fraud Hotline 1-866-966-7226
- Lemon Law 1-800-321-5366
http://myfloridalegal.com/pages.nsf/Main/DCOB20B7DC22B7418525791B006A54E4 4/12/2017
Florida Attorney General - Frequently Asked Questions
UTRNEY GENERA
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Open Government - Frequently Asked Questions
Page 1 of 4
The following questions and answers are intended to be used as a reference only -- interested parties should
refer to the Florida Statutes and applicable case law before drawing legal conclusions.
• What is the Sunshine Law?
• What are the requirements of the Sunshine law?
• What agencies are covered under the Sunshine Law?
• Are federal agencies covered by the Sunshine Law?
• Does the Sunshine Law apply to the Legislature?
• Does the Sunshine Law apply to members -elect?
• What Qualifies as a meeting
• Cana public agency hold closed meetings?
• Does the law require that a public meeting be audio to ed?
• Can a city restrict a citizen's right to speak at a meeting
• As a private citizen, can I videotape a public meeting_?
• Can a board vote by secret ballot?
• Can two members of a public board attend social functions to etg_her?
• What is a public record?
• Can I request public documents over the telephone and do I have to tell why I want them?
• How much can an agency charge for public documents?
• Does an agency have to explain why it denies access to public records?
• When does a document sent to a public agency become a public document?
• Are public employee personnel records considered public records?
• Can an agency refuse to allow public records to be inspected or copied if requested to do so by the
maker or sender of the documents?
• Are arrest records public documents?
• Is an agency required to give out information from public records or produce public records in a
particular form as requested by an individual?
• What agency can prosecute violators?
• What is the difference between the Sunshine Amendment and the Sunshine Law?
• How can I find out more about the open meetings and public records laws?
• What is the Sunshine Law?
Florida's Government -in -the -Sunshine law provides a right of access to governmental proceedings at
both the state and local levels. It applies to any gathering of two or more members of the same board to
discuss some matter which will foresee ably come before that board for action. There is also a
constitutionally guaranteed right of access. Virtually all state and local collegial public bodies are
covered by the open meetings requirements with the exception of the judiciary and the state Legislature
which has its own constitutional provision relating to access.
http://myfloridalegal.com/pages.nsf/Main/321B47083D80C4CD8525791B006A54E3 4/12/2017
Florida Attorney General - Frequently Asked Questions
Page 2 of 4
• What are the requirements of the Sunshine law?
The Sunshine law requires that 1) meetings of boards or commissions must be open to the public; 2)
reasonable notice of such meetings must be given, and 3) minutes of the meeting must be taken.
• What agencies are covered under the Sunshine Law?
The Government -in -the -Sunshine Law applies to "any board or commission of any state agency or
authority or of any agency or authority of any county, municipal corporation or political subdivision."
Thus, it applies to public collegial bodies within the state at both the local as well as state level. It
applies equally to elected or appointed boards or commissions.
• Are federal agencies covered by the Sunshine Law?
Federal agencies operating in the state do not come under Florida's Sunshine law.
• Does the Sunshine Law apply to the Legislature?
Florida's Constitution provides that meetings of the Legislature be open and noticed except those
specifically exempted by the Legislature or specifically closed by the Constitution. Each house is
responsible through its rules of procedures for interpreting, implementing and enforcing these
provisions. Information on the rules governing openness in the Legislature can be obtained from the
respective houses.
• Does the Sunshine Law apply to members -elect?
Members -elect of public boards or commissions are covered by the Sunshine law immediately upon
their election to public off ice.
• What qualifies as a meeting?
The Sunshine law applies to all discussions or deliberations as well as the formal action taken by a
board or commission. The law, in essence, is applicable to any gathering, whether formal or casual, of
two or more members of the same board or commission to discuss some matter on which foreseeable
action will be taken by the public board or commission. There is no requirement that a quorum be
present for a meeting to be covered under the law.
• Can a public agency hold closed meetings?
There are a limited number of exemptions which would allow a public agency to close a meeting.
These include, but are not limited to, certain discussions with the board's attorney over pending
litigation and portions of collective bargaining sessions. In addition, specific portions of meetings of
some agencies (usually state agencies) may be closed when those agencies are making probable cause
determinations or considering confidential records.
• Does the law require that a public meeting be audio taped?
There is no requirement under the Sunshine law that tape recordings be made by a public board or
commission, but if they are made, they become public records.
• Can a city restrict a citizen's right to speak at a meeting?
Public agencies are allowed to adopt reasonable rules and regulations which ensure the orderly conduct
of a public meeting and which require orderly behavior on the part of the public attending. This
includes limiting the amount of time an individual can speak and, when a large number of people
attend and wish to speak, requesting that a representative of each side of the issue speak rather than
every one present.
• As a private citizen, can I videotape a public meeting?
A public board may not prohibit a citizen from videotaping a public meeting through the use of
nondisruptive video recording devices.
• Can a board vote by secret ballot?
The Sunshine law requires that meetings of public boards or commissions be "open to the public at all
times." Thus, use of preassigned numbers, codes or secret ballots would violate the law.
• Can two members of a public board attend social functions together?
Members of a public board are not prohibited under the Sunshine law from meeting together socially,
provided that matters which may come before the board are not discussed at such gatherings.
• What is a public record?
The Florida Supreme Court has determined that public records are all materials made or received by an
agency in connection with official business which are used to perpetuate, communicate or formalize
http://myfloridalegal.com/pages.nsf/Main/321 B47083D80C4CD8525791B006A54E3 4/12/2017
Florida Attorney General - Frequently Asked Questions
Page 3 of 4
knowledge. They are not limited to traditional written documents. Tapes, photographs, films and sound
recordings are also considered public records subject to inspection unless a statutory exemption exists.
• Can I request public documents over the telephone and do I have to tell why I want them?
Nothing in the public records law requires that a request for public records be in writing or in person,
although individuals may wish to make their request in writing to ensure they have an accurate record
of what they requested. Unless otherwise exempted, a custodian of public records must honor a request
for records, whether it is made in person, over the telephone, or in writing, provided the required fees
are paid. In addition, nothing in the law requires the requestor to disclose the reason for the request.
• How much can an agency charge for public documents?
The law provides that the custodian shall furnish a copy of public records upon payment of the fee
prescribed by law. If no fee is prescribed, an agency is normally allowed to charge up to 15 cents per
one-sided copy for copies that are 14" x 8 1/2" or less. A charge of up to $1 per copy may be assessed
for a certified copy of a public record. If the nature and volume of the records to be copied requires
extensive use of information technology resources or extensive clerical or supervisory assistance, or
both, the agency may charge a reasonable service charge based on the actual cost incurred.
• Does an agency have to explain why it denies access to public records?
A custodian of a public record who contends that the record or part of a record is exempt from
inspection must state the basis for that exemption, including the statutory citation. Additionally, when
asked, the custodian must state in writing the reasons for concluding the record is exempt.
• When does a document sent to a public agency become a public document?
As soon as a document is received by a public agency, it becomes a public record, unless there is a
legislatively created exemption which makes it confidential and not subject to disclosure.
• Are public employee personnel records considered public records?
The rule on personnel records is the same as for other public documents ... unless the Legislature has
specifically exempted an agency's personnel records or authorized the agency to adopt rules limiting
public access to the records, personnel records are open to public inspection. There are, however,
numerous statutory exemptions that apply to personnel records.
• Can an agency refuse to allow public records to be inspected or copied if requested to do so by
the maker or sender of the documents?
No. To allow the maker or sender of documents to dictate the circumstances under which documents
are deemed confidential would permit private parties instead of the Legislature to determine which
public records are public and which are not.
• Are arrest records public documents?
Arrest reports prepared by a law enforcement agency after the arrest of a subject are generally
considered to be open for public inspection. At the same time, however, certain information such as the
identity of a sexual battery victim is exempt.
• Is an agency required to give out information from public records or produce public records in a
particular form as requested by an individual?
The Sunshine Law provides for a right of access to inspect and copy existing public records. It does not
mandate that the custodian give out information from the records nor does it mandate that an agency
create new records to accommodate a request for information.
• What agency can prosecute violators?
The local state attorney has the statutory authority to prosecute alleged criminal violations of the open
meetings and public records law. Certain civil remedies are also available.
• What is the difference between the Sunshine Amendment and the Sunshine Law?
The Sunshine Amendment was added to Florida's Constitution in 1976 and provides for full and public
disclosure of the financial interests of all public officers, candidates and employees. The Sunshine Law
provides for open meetings for governmental boards
• How can I find out more about the open meetings and public records laws?
Probably the most comprehensive guide to understanding the requirements and exemptions to Florida's
open government laws is the Government -in -the -Sunshine manual compiled by the Attorney General's
Office. The manual is updated each year and is available for purchase through the First Amendment
http://myfloridalegal.com/pages.nsf/Main/321B47083D80C4CD8525791B006A54E3 4/12/2017
Florida Attorney General - Frequently Asked Questions Page 4 of 4
Foundation in Tallahassee. For information on obtaining a copy, contact the First Amendment
Foundation at (850) 224-4555.
Florida Toll Free Numbers:
- Fraud Hotline 1-866-966-7226
- Lemon Law 1-800-321-5366
http://myfloridalegal.com/pages.nsf/Main/321B47083D8OC4CD8525791BO06A54E3 4/12/2017
The following DVD is available for checkout from the City Clerk's Office:
THE LA;/v IN PLAIN ENGLISH
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City of Cape Canaveral
Board Member Code of Conduct
ATTACHMENT 3b
(City Code Sec.2-172. —Code of Conduct) In addition to adhering to the requirements of State Law, any per son
appointed to serve as a Alember of a City Board or Committee shall commit to the following Code of Conduct
by written a irmation, which shall remain on file with the City Clerk, as,follows:
I affirm that the proper Statutory and City Charter role of Members of appointed City Boards and Committees,
as with any Member of an appointed government body, is to act collectively, not individually, to apply the
City's governing policies, and that the City Manager and Staff administer such policies.
I understand that an appointed Board or Committee Member does not manage the affairs of the City. I will not
intrude into daily operations or spheres of responsibility designated by Florida Statutes, City Code, and City
Charter to the City Manager as the Chief Executive Officer; or undermine the City Manager's lawful authority.
Further, I understand that the City Manager is responsible for administering the policy direction established by
a majority vote of the City Council and not the individual wishes of Board or Committee Members.
I will represent the interests of the entire City when making decisions and will rely upon available facts and
my independent judgment. In my capacity as an appointed Board or Committee Member, I will avoid conflicts
of interest and avoid using my official position for personal, professional, or partisan gain.
I will demonstrate dignity, respect, and courtesy toward those whom I am in contact with in my capacity as an
appointed Board or Committee Member. I will refrain from intimidation and ridicule of fellow Board or
Committee Members, City Council Members, City Manager, City Attorney, Staff, citizens of the City, and
City utility customers.
In my capacity as an appointed Board or Committee Member, I will refrain from inappropriate language
including statements that are malicious, threatening, slanderous, disparaging, mean-spirited, vulgar or abusive.
All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and
professionalism of an appointed official and the honor of my respective City Board or Committee.
I will focus on solving problems. I will maintain appropriate decorum and professional demeanor in the conduct
of City business and work cooperatively and conscientiously with others as I request or receive information,
examine data or weigh alternatives in the decision-making process.
I will demonstrate patience and refrain from demanding, interruptive access to Staff or immediate responses
or services when requesting information that requires significant Staff time in research, preparation or analysis
or that will result in Staff neglect of urgent duties. Such requests will be made through the City Manager for
scheduling and prioritizing through consensus of my respective City Board or Committee.
I will devote adequate time for preparation prior to my respective City Board or Committee meetings and as
much as possible, I will be in attendance at such meetings and all other scheduled events where my participation
is required.
Attachment 2b
I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow Board
or Committee Members, City Council Members, City Manager, City attorney, Staff, citizens of Cape
Canaveral, and City utility customers. I will listen actively and objectively to others' concerns or constructive
criticisms.
I will refrain from any individual action that could compromise lawfully authorized decisions of the City or
the integrity of the City and my fellow Board or Committee Members. I will delineate clearly for any audience
whether I am acting or speaking as an individual citizen or in my capacity as a City Board or Committee
Member.
I will maintain the confidentiality of privileged information and will abide by all laws of the State applicable
to my conduct as a Board or Committee Member, including but not limited to the Government in the Sunshine
Law, the Florida Code of Ethics for Public Officers, and City Rules of Procedure and Codes of Conduct.
I will promote constructive relations in a positive climate with all Members of the City Council, City
employees, City Attorney, and City contractors and consultants consistent with my role as a Board or
Committee Member, as a means to enhance the productivity and morale of the City. I will support the City
Manager's decision to employ the most qualified persons for Staff positions. I will recognize the bona fide
achievements of the City Council, City Manager, Staff, City Attorney, City contractors and consultants,
business partners, and others sharing in, and striving to achieve, the City's mission.
I will enhance my knowledge and ability to contribute value to the City as a Board or Committee Member by
keeping abreast of issues and trends that could affect the City through reading, continuing education and
training. I will study policies and issues affecting the City, and will attend training programs if required by the
City. My continuing goal will be to improve my performance as a Board or Committee Member.
I will value and. assist my fellow Board or Committee Members by exchanging ideas, concerns, and knowledge
through lawful means of communication. I will help build positive community support for the City's mission
and the policies established by the City Council.
I will support and advocate for my beliefs, but will remain open to understanding the views of others. I
recognize that I share in the responsibility for all City decisions that my respective Board makes and will accept
the will of the majority.
As a Board or Committee Member, I will always hold the best interests of the citizens of the City and the
public health, safety and welfare of the community in the highest regard. I will seek to provide appropriate
leadership that nurtures and motivates City citizens to be stakeholders in the affairs and achievements of the
City.
I will be accountable to the City Council for violations of this Code of Conduct.
Signature
Print Name
Date
Witness
ATTACHMENT 4a
Memo
TO: Cape Canaveral Business & Economic Development Board
FROM: Todd Morley, Economic Development Director
DATE: May 2, 2017
RE: Review of Economic Development Tools
Following is an overview of two of the most important economic development tools in the
City of Cape Canaveral. These two tools significantly impact our growth and
development/redevelopment.
Community Redevelopment Agency (CRA)
a. There is a separate tab for our CRA on our home page.
b. Covers 56% of City (meets statutory definition of slum and blight).
c. Provides the tools needed to foster and support development/redevelopment
within the District. Helps local governments attract private
development/redevelopment activities and new businesses. New businesses mean
more jobs, more customers and, in turn, more private investment.
d. Governed by Florida Statutes ch. 163 part 3 and ch. 189, as well as
the Community Redevelopment Plan (see webpage). Addresses the unique needs
of the City's redevelopment area.
e. Because the City is financially accountable for the activities of the Cape
Canaveral CRA, its governing board is the same (City Council). Its relationship
to the City is significant; its financial activities are reported on a blended basis as
if it were part of the primary government as a major special revenue fund.
f. The CRA's Fiscal Year (FY) is October 1st to September 30th of the following
year. The Financial Audit Report and the Annual Financial Report for each FY
are included in the City of Cape Canaveral's Comprehensive Annual Financial
Report (CAFR).
g. Revenue Source:
i. Tax Increment Financing (TIF). A tool state lawmakers gave local
governments in the 1980's to help communities restore their most run-
down areas or jumpstart economically sluggish parts of town. With this
tool, financially strapped municipalities can make the improvements they
need, like new roads or new sewers, and provide incentives to attract
Review of Economic Development Tools
May 2, 2017
businesses or to help existing businesses expand without tapping into
general funds or raising taxes.
ii. What is a "Tax Increment"? A Tax Increment is the difference between
the amount of property tax revenue generated before TIF district
designation and the amount of property tax revenue generated after TIF
designation. Establishment of a TIF does not reduce property tax revenues
available to the overlapping taxing bodies. Property taxes collected on
properties included in the TIF at the time of its designation continue to be
distributed to the school districts, county, community colleges and all
other affected taxing districts in the same manner as if the TIF did not
exist. Only property taxes generated by the incremental increase in the
value of these properties after that time are available for use by the TIF.
TIF revenues must be used within the CRA and are held in a
Redevelopment Trust Fund for activities that contribute to improvement
in the CRA. Funds can be used for property acquisition; public
improvements including parking facilities and streetscapes; financial
incentives to developers and businesses; and the financing of capital
improvement projects. TIF designation also helps retain existing
businesses that might otherwise find more attractive options elsewhere.
TIF helps to overcome the extraordinary costs that often prevent
development and private investment from occurring. As a result, the TIF
area itself improves and property values go up. Funds deposited in the
Redevelopment Trust Fund may be expended only within the boundary of
the Redevelopment Area.
CRA Boundary Map
ATTACHMENT 4b
Review of Economic Development Tools
May 2, 2017
Economic Opportunity Overlay District (EOOD)
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Review of Economic Development Tools
May 2, 2017
a. Regulations are found in City Code, Ch. 110 (Art. X)
b. Provides guidelines and standards for public and private development projects
in commercially zoned areas along AIA.
c. A product of the 2009 Community Visioning.
d. Promotes hospitality related commercial development that capitalizes on the
economic benefits of Port Canaveral; provides guidance and direction in the
design of new buildings and rehabilitation of existing buildings and
storefronts in order to improve their appearance, enhance the corridor's
identity and promote the pedestrian environment of the District. The overall
goals are:
a. To encourage compact, pedestrian -oriented developments and
attractive public outdoor spaces.
b. To create a unique identity for the AIA Corridor with a distinct sense
of place while attracting new businesses and customers, and providing
for the comfort, convenience and safety of workers, residents and
shoppers.
e. The purpose of these design guidelines and standards are to provide flexibility
in the uses and design requirements, while setting minimum design standards
to facilitate quality development. These standards create more vital
commercial cores and corridors, protect adjacent residential neighborhoods
and neighborhood commercial centers, promote the use of quality building
materials, enhance the streetscape on all public streets and continue to
improve the image and pride in the City.
f. The standards in the EOOD are in addition to and not in substitution of the
underlying zoning district regulations. The EOOD will govern development
and redevelopment and will control where conflicts between regulations
occur.
g. A largely commercial corridor of approximately one and three-quarter miles,
generally centered on both A 1 A (Astronaut Boulevard) and N. Atlantic
Avenue and recognized as extending from the entrance to the City of Cape
Canaveral on the north to Grant Avenue on the south.
h. The area of the District along AIA is intended to serve as the main gateway
into the City of Cape Canaveral. The area of the District along Central
Boulevard is intended to serve as the main street to the City of Cape
Canaveral's Town Center and as a transition between the land use,
circulation, and streetscape along A 1 A and the Town Center. This District
is intended to have the most intensive commercial and residential uses within
the City. The EOOD is meant to provide a lively and attractive interface
between the proposed Town Center and the adjacent residential
communities, while maintaining a primarily commercial street frontage
Review of Economic Development Tools
May 2, 2017
along AIA, N. Atlantic Avenue and Central Boulevard. The streets will have
a retail/commercial service atmosphere with small or large neighborhood
stores at street level and apartments or offices on upper stories. The retail
composition of the District shall include, but not be limited to, retail stores,
personal services, hotels, cultural facilities, hospitals, clinics, pharmacies,
convenience stores with gas, high tech manufacturing, entertainment, and
eating establishments including rooftop restaurants that serve the EOOD as
well as stores, eating establishments, and business services (printing,
accounting, etc.) that serve the other businesses and office users in the area.
Residential uses shall be permitted within the District; however, shall be
limited to upper stories along AIA, N. Atlantic Avenue and Central
Boulevard within the District. The main street component of the District is
intended to provide a mixed-use, pedestrian -oriented focus for the proposed
Town Center, with land uses serving Town Center residents and visitors.
This sub -district provides the City of Cape Canaveral with a small-town
style walkable center that is convenient, useful, safe and attractive for
pedestrians and lively, yet relaxed. Small-scale retail and other commercial
uses shall occupy as much of the ground floor frontages along Central
Boulevard as the market will bear. Upper stories shall be office or residential
along these main streets. This District also shall provide potential for
continuum -of -care developments including opportunities for aging in place
and include such uses as independent, assisted living and skilled care
facilities.
EOOD Boundary Map
11
Review of Economic Development Tools
May 2, 2017
Attachment 5
Economic
Development
Memo
TO: Cape Canaveral Business & Economic Development Board
FROM: Todd Morley, Economic Development Director
DATE: May 2, 2017
RE: Review of Ad Valorem Tax (AVT) Exemption Program
This agenda item will focus on the Ad Valorem Tax (AVT) Exemption Program and its role in
the larger framework of State incentives using Comprehensive Health Services, Inc. (CHSi) as
an example.
On November 15, 2016, City Council approved Ordinance No. 05-2016, granting an Economic
Development Ad Valorem Tax (AVT) Exemption to Comprehensive Health Services, Inc.
(Code named Project Zeus).
Comprehensive Health Services, Inc. is a medical services and management company that was
considering relocation of its corporate offices from Reston, Virginia to an existing 63,000+ SF
building at 8600 Astronaut Blvd. The company had previously employed 250 workers in the
City of Cape Canaveral. They planned to create 150 new jobs over 3 years with an average wage
of $66,000 and invest $4,500,000 in new capital expenditures.
The Company applied for Ad Valorem Tax (AVT) abatement incentives through the
EDC/Brevard County and the City's AVT program. These types of incentives are commonplace
as county and local governments vie for highly sought after job generating companies which
invest capital in the local economy.
The larger picture: The Company also applied for the State of Florida's Qualified Target
Industry (QTI) Tax Refund Incentive Program. The Program is available through the
Department of Economic Opportunity (DEO) for companies that create high wage jobs in
targeted high value-added industries. This incentive includes refunds on taxes paid, including
corporate income, sales, ad valorem, intangible personal property, insurance premium and
certain other taxes. Pre -approved applicants who create jobs in Florida receive tax refunds of
$3,000 per net new Florida full-time equivalent job created. For businesses paying 150 percent
of the average annual wage, add $1,000 per job. The selected local community contributes 20
Review of Ad Valorem Tax (AVT) Exemption Program
May 2, 2017
percent of the total tax refund. No more than 25 percent of the total refund approved may be
taken in any single fiscal year. New or expanding businesses in selected targeted industries or
corporate headquarters are eligible. Because CHSi is paying 150% of the statewide average
wage, they are eligible for a QTI incentive of $4,000 ($3,000 + $1,000) per job created. The
20% contribution is comprised of Brevard County's AVT abatement plus the City of Cape
Canaveral's AVT abatement. The AVT abatement applies only to the increase in property taxes
after the Capital Investment appraisal is made by the Brevard County Property Appraiser. The
pre -investment AVT remains in effect, locked -in as a maximum for the duration of the
abatement.
The City and the Board of County Commissioners (BOCC) must work in tandem to effectuate
the State QTI approval. The EDC conducted an economic impact analysis of the Company.
Both jurisdictions must approve an AVT Abatement Ordinance. In considering any application
for an exemption, the Council must take into account the following:
(a) The total number of net new jobs to be created by the applicant;
(b) The average wage of the new jobs;
(c) The capital investment to be made by the applicant;
(d) The type of business or operation and whether it qualifies as a targeted industry as
may be identified from time to time by the Board of County Commissioners or the
governing authority of the municipality;
(e) The environmental impact of the proposed business or operation;
(f) The extent to which the applicant intends to source its supplies and materials within
the applicable jurisdiction and
(g) Any other economic -related characteristics or criteria deemed necessary by the Board
of County Commissioners or the governing authority of the municipality.
As a voting member, Staff supported the EDC Ad Valorem Tax (AVT) Abatement Council
meeting when Project Zeus was recommended for approval for a 100% abatement for 10
years. The Brevard County Board of County Commissioners (BOCC) approved the AVT
incentive. Recognizing that CHSi represents economic diversity and the high wage job
climate will likely attract additional corporate investment in the City, the Council approved
an ordinance and two resolutions supporting the abatement for 10 years at 100% and
required the execution of an Agreement which specifies the company must attain target job
generation numbers and Capital Investment to remain eligible to receive the incentive. For
CHSi, the total amount of the financial impact (local/City annual impact abated at 100%)
will be $13,676.75 for the current year. This amount combined with the County's annual
impact of $20,685.74 creates a combined annual impact of $34,362.49. This will comprise
the annual 20% match for the State QTI incentive.
A formal EDC announcement occurred in December 2016.
3
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ATTACHMENT 8
Memo
TO: Cape Canaveral Business & Economic Development Board
FROM: Todd Morley, Economic Development Director
DATE: May 2, 2017
RE: Status update - Cape Canaveral/Port Canaveral Initiatives
The following is a status update on current Cape Canaveral/Port Canaveral Initiatives:
1. Connector Roads
2. Port Draft Master Plan
Connector Roads
A Connector Road network would provide additional connectivity to Port Canaveral
property. Joint access will mutually benefit Port Canaveral and the City of Cape Canaveral
in a number of ways; benefits include:
o Supports the general transportation and utility needs into and through the City and
Port, as well as current and future operations of the Port including cargo and cruise
operations.
o Improves public safety by enhancing roadways with additional north -south and east -
west ingress and egress points and utility infrastructure.
o Establishment of new road right-of-ways creates routes to expand the City's utility
infrastructure to properties underserved.
o Maximizes economic development opportunities within the City, particularly within
the City's Community Redevelopment Area and Economic Opportunity Overlay
District.
o Adds off-highway internal frontage which increases access and adds value for
property owners.
o Promotes redevelopment of property located in the vicinity of any future joint access
proj ect.
o Creates safe, walkable and bikeable access to parcels previously inaccessible from
AIA.
o Establishes a future phasing concept which will extend further east, creating
additional frontage and value as well as development/redevelopment opportunities.
2
Status update - Cape Canaveral/Port Canaveral Initiatives
May 2, 2017
o The phases are conceptual and are described in the Joint Task Committee's
Conceptual Joint Roadway Access Program.
o Phase #1: This 33+ acre area represents a large portion of the City's 7% of
undeveloped property. Utility services such as sewer and water are now available to
serve this area as a result of successes related to the recently completed regional Lift
Station No. 6. The Port owns a 13+ acre parcel in this area and has an interest in
providing additional throughput capacity/infrastructure for cruise/cargo traffic. The
City has an interest in seeing this area develop with a mix of uses that support the
Economic Opportunity Overlay District (EOOD); thereby, creating additional value
in this area of the CRA. Canaveral Fire Rescue and Brevard County Sheriff's
Department support the road network concept. In Phase #1, all property owners have
been contacted. All are in favor except for one. This centrally located parcel would
be ideal for connectivity, but the property owner is opposed to granting easements
for any purpose on his property. A design can nonetheless be developed that is not
reliant on this parcel. The actual design will be opportunity -based, rationally
relatable to property lines and cross -alignments and will need to be dedicated City
right-of-way with accompanying/appropriate utilities and quality amenities.
o Phase #2 and Phase #3: These concepts demonstrate future possibilities. Property
owners have not been contacted and are not bound to any legal obligation as a result
of the passage of Resolution No. 2015-21. Recognizing that development needs will
dictate the actual layout, the goal of Phases #2 & #3 is to provide conceptual road
layouts/routes/designs/phases which set the table for the infrastructural/connectivity
and quality -driven development/redevelopment needs of the City for future
generations. As with Phase #l, any/all such future roads will be opportunity -based,
rationally relatable to property lines and alignments and will need to be dedicated
City right-of-way, with appropriate utilities and quality amenities.
Concept includes:
o A connection to SR AIA south of the overpass (requires FDOT approval).
o A connection to Imperial Blvd. and, thereby, to Central Blvd. (Imperial Blvd. is
privately owned - owner has indicated support).
o Drainage and utility corridors, pedways, sidewalks, drainage system, roadway fill
sections, lighting, intersections, acceleration/deceleration lanes, environmental
modifications, water and sewer utilities.
o Potential conflicts were identified:
■ Conflicts with a small lake,
■ Limited right of way and
■ Topographic concerns.
It was agreed that an ideal straight-line road layout would make the most sense many years
into the future, as opposed to circumventing current barriers that would result in a sub-
optimal layout. A possible regional drainage development plan was discussed which would
Status update - Cape Canaveral/Port Canaveral Initiatives
May 2, 2017
benefit both property owners and Port/City road system development. Several sketches
were produced. Canaveral Fire Rescue and Brevard County Sheriffs Department both
expressed support of the proposed new connections.
Port Canaveral / City of Cape Canaveral DRAFT November 12, 2015
Conceotual Joint Roadway Access Program
Port Draft Master Plan
City Staff and Port staff began an effective relationship in 2010. In early 2014, the
Canaveral Port Authority (CPA) established a goal of "Master Planning" the future growth
of the Port. Leases were terminated/purchased and several buildings were razed to clear a
path for the Port to develop in a deliberate way that made good economic sense and
considered the desires of Brevard County residents. It incorporated multi -modal
considerations (passenger cars, semi -truck, cruise and rail), park/recreation, industrial,
retail/dining, maritime uses and other existing waterfront uses. Additional
4
Status update - Cape Canaveral/Port Canaveral Initiatives
May 2, 2017
capacity/vehicular throughput was identified as a need. Accordingly, City Staff began
working with Port staff on a Connector Road Network concept located in the City and
connecting to the Port. In late 2015, City Council unanimously approved Resolution No.
2015-21 supporting a Report submitted by the Staff -led Joint Task Committee regarding
future Port/City Connector Roads. The concept was taken to the CPA Commission. The
Commission unanimously approved Port Staff to engage with Consulting Services and
officially authorized the Staff -led Joint Task Committee.
Soon after, the CPA Commission turned the Connector Roads project over to Bermello,
Ajamil & Partners, their Master Planning Consultants.
In early 2016, Port Canaveral officially kicked off the Master Planning process. The new
Port CEO indicated the road concept was a high priority and asked Port Staff to expedite
the plan quickly, but with thorough thought and planning.
In the months since, at the Port's request, the Mayor and Economic Development Director
attended various meetings with Port Leadership Staff and the Master Plan Consultants to
review the status of the Draft Master Plan. The City continued to stress the importance of
the connector road network and provided input on future uses of CPA property located in
the City's Economic Opportunity Overlay District.
The latest City/Port Draft Master Plan meeting was in March 2017. The Consultant's
presentation focused on the development of Port property, with particular attention paid to
the central "Cove District" It included an expanded waterfront encircling the Exploration
Tower with a mix of retail & hospitality uses on this expanded waterfront. The Consultants
did not have information to share about the road network.
All properties located in the Port Canaveral jurisdiction are owned by the CPA and subject
to land leases. The ability to own land fee simple in the City remains a key discriminator
for businesses considering locating to the City/Port area.
The Port Master Plan remains under development.
ATTACHMENT 9
Memo
TO: Cape Canaveral Business & Economic Development Board
FROM: Todd Morley, Economic Development Director
DATE: May 2, 2017
RE: Status of pending State legislative actions
The following is a brief summary of pending legislation being considered by the Florida
legislature that, if passed, will have a significant impact on the City's day -today operations.
1. HB 425 — would further preempt cities from regulating short-term vacation rental
properties. In 2011, the Florida Legislature prohibited cities from regulating short-
term vacation rentals which are defined as a property that is rented more than three
times a year for less than 30 days at a time. The legislation passed in 2011 included
a provision that "grandfathered" any ordinance regulating short-term rentals prior
to June 1, 2011. The City of Cape Canaveral was fortunate in that an ordinance was
in place that defined a short-term rental as requiring a minimum 7 day stay. Since
that time, a number of cities that did not have an ordinance in place, have
experienced problems with these properties. The effect of the 2011 law is that two
separate classes of cities were created respective to short-term rentals, those with
Home Rule authority and those without. Cities without short-term rental regulations
in place prior to June 1, 2011, have had their zoning authority stripped and are now
seeing these rentals completely overtaking residential neighborhoods. Long-time
residents are moving out as a result, and the residential character of traditional
neighborhoods is slowly being destroyed. In 2014, the language was amended again
to allow cities to regulate short-term rentals through life safety and building codes.
However, if not grandfathered, cities are still prohibited from regulating the
duration and frequency of these rentals, as well as regulating these properties
through zoning. On April 28, HB 425 (La Rosa) passed the House. It has now
been referred to the Senate Regulated Industries Committee.
2. HB 17 — expressly preempts the regulation of businesses, professions and
occupations to the state. The bill provides that after January 1, 2017, a local
government may not adopt or impose a new requirement (including any regulation,
2
2017 Florida Legislative Report
May 2, 2017
license, permit or fee) on a "business, profession or occupation" unless the
requirement is "expressly authorized by general law." An existing local regulation
may not impose "additional" regulation on a business, and may not be modified,
except to repeal or reduce the requirement. Additionally, the bill specifies that any
requirement on a business, profession or occupation adopted prior to January 2017
without "general law authority" will expire on January 1, 2020. Passed the House
Careers and Competition Subcommittee on Wednesday, February 22, by a
vote of 9-6. As of May 2"d, the Bill is in the House Commerce Committee.
3. HB 687 - would eviscerate local control for Florida cities with respect to taxpayer
owned public structures and right-of-way (generally roadway and sidewalk areas)
for placement of "small" or "micro" wireless antennas and equipment by the multi-
billion dollar wireless communications industry. The bills prohibit local
governments from regulating anything except applicable building codes for this
wireless infrastructure. Wireless communications providers and speculators will be
able to ignore land development regulations, pedestrian movement, traffic view
zones, traffic circulation as well as safety and aesthetic considerations. By
unreasonably capping the permit application and attachment fees as well as limiting
the permit review timeframe, the bills require taxpayers to subsidize the business
interests of wireless communications providers. The bills require a city, at its
taxpayers' expense, to develop engineering and other structural reports on the city's
own structures that a wireless company may or may not decide to use for an antenna.
Should this legislation pass, there WILL be a proliferation of wireless
infrastructure, in some cases the size of a refrigerator, in areas where such
equipment and infrastructure is unsightly, unsafe and inappropriate for that
particular community. On April 28th, the bill was passed by the House and the
Senate.
4. HB 13 - would severely restrict the ability of CRAs to conduct their original
purpose and creates a process by which to terminate all CRAB in Florida. Under the
legislation, CRAs may not initiate any new projects or issue any new debt on or
after October 1, 2017. No new CRAB may be created after July 1, 2017. All existing
CRAB shall terminate on the expiration date provided in the CRAB charter as of July
1, 2017, or on September 30, 2037, whichever is earlier. Additionally, the bill would
limit the use of TIF funds. The bill requires municipal CRA budgets to be sent to
the county commission prior to the CRA Board adopting a budget. HB 13 has
passed the House. It has been received by the Senate, but is still in the
Appropriations Subcommittee on Transportation, Tourism and Economic
Development. Should this committee not take any action on the bill, the clock
will run out and the bill will die.
3
2017 Florida Legislative Report
May 2, 2017
5. HB 7063 — creates the Local Government Fiscal Responsibility Act, which amends
multiple provisions of current law relating to local government financial management.
Of primary concern are the following provisions:
a. Creation of a new statutory maximum millage rate for local governments;
b. Prohibits property tax increases, unless certain excess fund balances are spent
down;
Prohibits a local government from enacting, extending or increasing local option
taxes;
d. Will require any local option or property tax levy to be approved at a general
election by a 60 percent majority.
HB 7063 was introduced in the Government Accountability Committee on March
20th. There has been no action since that time.
6. HB 487 — this bill prohibits a City from levying a local business tax that was adopted
after January 1, 2017. Cities may continue to levy taxes that were adopted prior to
January 1, 2017. The bill also specifies that the local business tax cannot exceed $25 and
also the maximum limit of a transfer fee is reduced from $25 to $10. The bill creates an
exemption from local business taxes for low-income persons who engage in or manage
a business. The proposed bill would also expand the exemption for disabled veteran,
veterans' spouses and active duty service members' spouses. The bill was calendared
on April 28t' to be considered by the full House. No action has been taken.
7. HB 7065 — this bill could significantly impact local government bonding and debt
management activities, to include a significant increase in administrative costs.
Compliance with the draft bill appears to be particularly onerous for small governments
and is a continued attack on local home rule. The bill will require local government to
annually prepare a debt affordability report to include:
a. A listing of outstanding debt and other contingent debt;
b. A estimate of revenues available for the next 10 fiscal years to pay debt service;
c. An estimate of additional
4
2017 Florida Legislative Report
May 2, 2017
This bill passed the House on April 26th. It was referred to the Senate Ethics and
Elections Committee on April 30".
8. HJR 7105 - would amend the State Constitution to increase the homestead exemption
by exempting the valuation of homestead property greater than $75,000 and up to
$100,000 for all levies other than school district levies. The amendment would take
effect January 1, 2019. If passed by the Legislature, it would then need approval by 60
percent of the voters in the 2018 general election. For a home valued at $100,000 or
more, it would increase the exemption from the current $50,000 to $75,000. The House
passed the Joint Resolution on April 261h. The Senate passed the Joint Resolution
on May 111. It will now be considered by the Florida voters this fall in the general
election.
What can you do to help?
• Access the House and Senate calendars and follow
along. (www.myfloridahouse. gov)
• Advocate for Home Rule.
• Stay engaged with the Florida League of Cities (FLOC).
o Check out FLOC Issue Briefs
www.floridaleagueofeities.com/advocacy/issue-briefs
o Check FLOC social media feeds to access comprehensive background
information and timely updates of key legislative issues.