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Home My WebLink AboutAgenda Packet 04-17-2018 CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA April 17, 2018 6:00 P.M. 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. CONSENT AGENDA: 6:1 S p.m. 6:20 p.m. 1. Approve Minutes for March 20, 2018 Regular City Council Meeting. 2. Award the Bid for replacement of Force Main #3 to TB Landmark Construction, Inc. in the amount of $324,319.00 and authorize City Manager to execute the Construction Agreement for same. PUBLIC HEARINGS: 6:20 p.m. 6:35 p.m. 3. Ordinance No. 02-2018; providing Code amendments related to the sergeant at arms; providing for the repeal of prior inconsistent ordinances and resolutions,incorporation into the Code, severability and an effective date, second reading. 4. Ordinance No. 03-2018; amending Section 110-372 of the City Code; providing for a 20-foot minimum townhouse unit width; increasing the minimum lot widths and adjusting the minimum lot areas accordingly; establishing provisions governing nonconforming townhouse structures and lots; providing relief for multiple-family and two-family dwellings existing prior to October 4, 1988 which were built in accordance with townhouse standards from certain minimum lot width and setback requirements; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. City of Cape Canaveral, Florida City Council Meeting April 17, 2018 Page 2 of 2 5. Ordinance No. 04-2018; providing for the location of Pharmacies and Medical Marijuana Treatment Center dispensing facilities within the City; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. DISCUSSION ITEMS: 6:35 p.m. 6:45 p.m. 6. Policy discussion related to Community Redevelopment Agency Board meetings. 7. Policy discussion related to City Code of Ordinance Sec. 2-64—Call to order; quorum; roll call. REPORTS: 6:45 p.m. 6:55 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 x206 or x207) 48 hours in advance of the meeting. Item No. 1 CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral,Florida TUESDAY March 20,2018 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:03 P.M. Mayor Hoog led the pledge of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: City Attorney Anthony Garganese City Manager David L. Greene City Clerk Mia Goforth Community Engagement/Deputy Public Works Services Director Joshua Surprenant Administrative/Financial Services Director John DeLeo Human Resources/Risk Management Director-W Jane Ross Culture and Leisure Services Director Gustavo Vergara Capital Projects Director Jeff Ratliff Economic Development Director Todd Morley Public Works Services Director Ralph Lotspeich Deputy Finance Director Melinda Huser Deputy City Clerk Daniel LeFever Executive Assistant to the City Manager Lisa Day Brevard County Sheriff's Office Commander Linda Moros Brevard County Sheriff s Office Lieutenant Brian Neal Cape Canaveral Fire Department Assistant Chief/Fire Marshal John Cunningham PUBLIC PARTICIPATION: Attorney John Kabboord,representing business owner Yogi Patel, requested direction on permitting his client to rent U-Haul moving trucks from his property at the south end of the City limits and stated Mr. Patel is now under a City Code Enforcement violation. City Manager Greene suggested Mr.Kabboord and Mr.Patel work out the details with Community Development Director Dickey and Staff on a presentation for a future Planning and Zoning Board City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2018 Page 2 of 5 Meeting to study the issue. City Manager Greene explained City Council could then consider the Board recommendation. Attorney Kabboord thanked City Council and City Manager Greene. Linda Hagen, 732 Bayside Drive, urged City Council and Staff to keep the City Code as written with regard to temporary feather flag signs, to not allow additional days for their use, to keep the City clutter-free and the main roads clear of visual distraction, to keep with the City Vision and enforce current violations. Dennis Buhtz, 535 Taylor Avenue, inquired about City sewage system capacity and percentages. Mayor Hoog advised Mr. Buhtz to contact Public Works Services Director Lotspeich to provide the information. Mr. Buhtz voiced concerns regarding traffic on AIA and inquired about a City shuttle for transportation. Mayor Hoog suggested using Space Coast Area Transit and suggested he contact Council Member Randels for additional information. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation recognizing Cape View Elementary School for the "A+" Rating, received from the Florida Department of Education, to Cape View Elementary School Principal Jill Keane: Mayor Pro Tem Brown praised the School for their A+ Rating and presented the Proclamation to Principal Jill Keane, Assistant Principal Suzanne Brooks and teachers and students in attendance. Principal Keane spoke on behalf of Cape View Elementary School and thanked the City for the honor. Presentation of Proclamation declaring April as "Water Conservation Month" to Abby Johnson, Intergovernmental Coordinator from the St. Johns River Water Management District:Mayor Hoog presented the Proclamation to Intergovernmental Coordinator Abby Johnson. Ms. Johnson urged the students from Cape View Elementary School to consider a career in water resources, related the importance of responsible water usage and thanked the City for the support. Presentation of Proclamation declaring March 28, 2018 as a"Day of Giving for the American Red Cross" to volunteers Denise and Mike Whitcomb from The American Red Cross of Florida's Space Coast Chapter: Mayor Hoog presented the Proclamation to volunteers Denise and Mike Whitcomb and others from the organization in attendance. The group thanked the City for the support. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2017—Presentation by Zach Chalifour, James Moore & Co: Certified Public Accountant Zach Chalifour introduced himself and Senior Audit Manager Doug Gillikin. He thanked Council and Staff for the opportunity to continue working as the City's external auditors and presented a summary of the Annual Report. A motion was made by Council Member Randels, seconded by Council Member Raymond, to accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30,2017. The motion carried 5-0. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2018 Page 3 of 5 CONSENT AGENDA: Mayor Hoog inquired if Council needed to remove any Items for discussion. Council Member Morrison removed Item Nos. 4 and 5. 1. Approve Minutes for February 20, 2018 City Council Regular Meeting. 2. Award the Bid for construction of Lift Station No. 2 Gravity Sewer Improvements Phases II/III to Atlantic Development of Cocoa, Inc. in the amount of $1,512,544 and authorize the City Manager to execute the Construction Agreement for same. 3. Award Bid for construction of Wastewater Treatment Site Shoreline Protection Project to SDV Services LLC in the amount of $193,850 and authorize City Manager to execute Construction Agreement for same. 4. Approve Design Proposal in the amount of $335,740 to Archite RZK, Inc. for Architectural and Engineering Services related to Canaveral Cly Park's Multi-Generational Facility (MGF) and the Culture Arts Preservation and Enrichment Center (CAPE, aka old City Hall) and authorize City Manager to execute agreement for same. 5. Approverg anting a Conservation Easement to St.Johns River Water Management District for a portion of the City-owned property at the western end of Long Point Road and authorize the City Manager to execute the related permit application as co-permittee and Deed of Conservation Easement and Permanent Access Easement for same. A motion was made by Council Member Randels, seconded by Mayor Pro Tem Brown, for approval of Item Nos. 1, 2 and 3 and Item Nos.4 and 5 for discussion.The motion carried 5-0. 94 Discussion ensued and included a request for clarification of the agreement; amending the contract to include public input; how the facilities being built are for the public and not the City; how the public was included in general concept and planning of the Projects during previous City meetings; current market and interest rate advantages; minimal staffing requirements and utilization of contract instructors; various recreation programs, cooking and rental for special events and activities; amending the agreement to include engaging the community to consider a private organization to lease out the Multi-Generational Facility versus the City's current business model. Mayor Hoog indicated the discussion was not relevant to the Agenda Item, explained the Consent Agenda process and urged to move on. City Manager Greene explained the purpose of the Design Proposal. Discussion continued regarding office space in the Multi-Generational Facility and how the City does not charge recreational membership fees. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond,to approve Item No. 4, as written. The motion carried 4-1 with Council Member Morrison voting against. #5 Discussion ensued and included Long Point Road resident concerns and public involvement; intentions to use common commercial grade herbicide on the property to eradicate and prevent invasive plants; planting native species on the site; how the land was used in past City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2018 Page 4of5 years; plans for stormwater cleansing and disposal; Easement will prevent development on the property; public processes and involvement with regard to future planning of a park;history of the grant applied for in 2007 from the U.S.Army Corps of Engineers;the need to either move forward or give up the wetlands; mitigation credits from the St. Johns River Water Management District will go to a local developer for land clearing, replanting native species on the property at developer's expense; the Comprehensive Plan; Staff's efforts on a waterway tour to reach Cocoa Beach and Council Meeting preparedness. Mayor Hoog called for a motion. Lee Coates, 814 Bayside Drive, inquired if the City would remain in control of the Easement property. City Attorney Garganese provided background of the City owned property,the purpose of the Easement to maintain a portion of the property as public conservation, which does not change the Title, and explained his advice to Staff to ensure the Easement would not prohibit a future passive recreational use should the City decide to propose it in the future. Sheila Dunkle, 8722 Croton Court, cautioned the City regarding the potential use of bulldozers on the property and other communities in Cape Canaveral. Simone Caroti, 226 Long Point Road, expressed concerns regarding potential uses of the property and inquired about potential impacts. City Attorney Garganese provided clarification regarding the mitigation plan. City Manager Greene stated there would be multiple chances for residents and public to participate through Community Engagement and a number of media approaches to reach the public such as Tech Talks and Brainstorming sessions, fostering openness and transparency. Joe Abreu, 225 Long Point Road, expressed concerns regarding dumping on the land in the past. Mayor Hoog explained potential plans for the property. Community Engagement/Public Works Deputy Director Surprenant and Long Point Road resident explained how his Department notifies the public on the City website and social media. Mayor Hoog stated the City is trying to meet State requirements through a number of entities regarding this Item. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve Item No. 5, as written. The motion carried 5-0. PUBLIC HEARING: 6. Ordinance No. 02-2018,providing Code amendments related to the Sergeant at Arms, providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item including how security system plans are not only exempt from public records under Florida Sunshine Law, but are also deemed confidential and must not be disclosed to members of the public; additionally the Ordinance requires the Sergeant at Arms and the City Manager develop a security system plan which would require training with the City Council, the City Attorney and applicable City Staff on an annual basis, which will also be confidential and exempt from open public meeting laws. Discussion ensued and included how the world seems to be changing, thanks to Staff and ambiguous language in the Ordinance regarding excusal. The Public Hearing was opened.There being no comment,the Public Hearing was closed. A motion was made by Council Member Morrison,seconded by Council Member Raymond, to approve Ordinance No. 02-2018 on first reading. The motion carried 5-0. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2018 Page 5 of 5 REPORTS: Council Member Ram reported details of participation in Meals on Wheels with Aging Matters in Brevard,delivering 10 meals around the City; attended the Space Coast League of Cities (SCLOC) Board of Directors and Regular Meetings in Malabar, provided information regarding volunteer opportunities through the "Just Serve" program, the initiative of a Coral Gables Commissioner representing a group of South Florida cities looking for support from northern cities regarding gun laws and promoted the SCLOC Scholarship Program.A ditionally, she gave an update on the Community Garden. Council Member Randels thanked all for listening; spoke about Aging Matters in Brevard and the Meals on Wheels routes in Cape Canaveral. He encouraged participation in the worthwhile opportunity to serve others in the City, which takes about 45 minutes a day. Council Member Morrison announced plans to deliver Meals on Wheels tomorrow; met with the Community Engagement Department on preliminary ideas regarding a Habitat for Humanity program in the City called Rock the Block; attended the Space Coast League of Cities meeting; attended a presentation by the Melbourne Regional Chamber of Commerce in Cocoa Beach regarding tourist development by Eric :Garvey; and led the Community Walk in the Mayors' Fitness Challenge. Mayor Pro Tem Brown met with Brevard County Coalition for the Homeless and will meet with City Manager Greene and Mayor Hoog to see if there is any assistance the City can offer; encouraged participation in the Mayors' Fitness Challenge; and thanked City Staff for excellent work. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:17 PM. Mia Goforth, CMC City Clerk Bob Hoog, Mayor [CITY SEAL] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/17/2018 Item No. 2 Subject: Award the Bid for replacement of Force Main#3 to TB Landmark Construction, Inc. in the amount of$324,319.00 and authorize City Manager to execute the Construction Agreement for same. Department: Capital Projects Summary: Staff invited qualified Licensed Contractors, in accordance with the City's Purchasing Policy and Florida Statutes, to submit a Bid for replacement of Force Main#3. The existing force main is believed to be the oldest in the City and has experienced several leaks over the past few years. Project Description. The Work includes construction of a replacement force main pipe from Lift Station #3 on West Central Boulevard to Thurm Boulevard. The existing 8-inch diameter force main pipe will be replaced with 12-inch diameter pipe in anticipation of continued economic growth in the area. The existing route of the force main is in rights-of-way along City streets and SR A I A.To shorten the route,a 5-foot sidewalk easement along the western property boundary of the former Craig Technologies, Inc. facility was expanded to a 15-foot utility easement. Shortening the force main route as proposed will significantly reduce construction costs. Permits have been acquired from Florida Department of Environmental Protection (FDEP) and Florida Department of Transportation (FDOT) to proceed with the Work. The location of the existing force main and the proposed location of the replacement force main are shown in Attachment#1. Firm Selection Process. Staff advertised this bid opportunity on March 1, 2018 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). A "Bid Submittal" notation was also included that the contract will be awarded pursuant to the requirements of applicable State and federal laws and regulations. Four sealed bid submittals were received and publicly opened at City Hall Conference Room A on March 29, 2018. Upon review of the submitted bids, Staff and consulting engineering personnel (Quentin L. Hampton Associates, Inc. [QLH], a Mead & Hunt Company) recommended the Project be awarded to TB Landmark Construction, Inc. of Jacksonville, Florida with a bid amount of$324,319.00. A summary of the sealed bids submitted for the Project and a Bid Approval Letter from QLH are included in Attachment #2. A proposed Construction Agreement is included as Attachment#3. Project Funding. This Project is funded through the City's Wastewater Enterprise Fund. Submitting Department Director: Jeff Ratliff Date: 4/9/18 Attachments: #1 —Project/Work Location #2 -Bid Summary and Bid Approval Letter #3 —Construction Agreement City Council Meeting Date: 04/17/2018 Item No. 2 Page 2 of 2 Financial Impact: $324,319.00 for replacement of Force Main #3 awarded to TB Landmark Construction, Inc. funded by the Wastewater Enterprise Fund. Staff time/effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/9/18 The City Manager recommends that City Council take a following ac on: Award the Bid for replacement of Force Main #3 to TB Landmark Construction, Inc. in the amount of $324,319.00 and authorize the City Manager to execute the Construction Agreement for same. Approved by City Manager: David L. Greene Date: 4/9/18 Attachment #1 Project/Work Location Project/Work Location Proposed Force Main Route [map] Attachment #2 • Bid Summary • Bid Approval Letter CITY OF CAPE CANAVERAL Request for Bids LIFT STATION #3 12"FORCE MAIN REPLACEMENT Bid #2018-02 City Nall, Conference Room A 100 Polk Avenue, Cape Canaveral, Florida 32920 MINUTES Thursday March 29, 2018 2:15 P.M. CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:15 P.M. Others present: Mia Goforth,City Clerk Three Bidding contractors(see attachment) Mr. Ratliff proceeded to open the bids received and announced the results: LIFT STATION#3 12" FORCE MAIN REPLACEMENT BID #2018-02: Firm Location Bid Amount TB Landmark Construction, Inc. Jacksonville, FL $324,319.00 Maxwell Contracting, Inc. Cocoa, FL $431,929.00 DP Development Cocoa, FL $377,900.00 Masci Corporation Port Orange, FL 5342,167.00 Mr. Ratliff thanked those in attendance and adjourned the meeting at 2:20 P.M. Mia Goforth,City Clerk QLH Quentin L.Hampton Associates Civil and Environmental Engineers QA Mead 8 Hunt Company April 5,2018 Mr. Jeff Ratliff Email: j.ratliff@cityofcapecanaveral.org Capital Projects Director Hard Copy Mailed Only on Request City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 CITY OF CAPE CANAVERAL LIFT STATION #3 12" FORCE MAIN REPLACEMENT BID NO. 2018-02 RECOMMENDATION OF AWARD Dear Mr. Ratliff: The City of Cape Canaveral received four(4)bids for the above referenced project on March 29, 2018. See attached bid tabulation.TB Landmark of Jacksonville,Florida submitted the lowest bid in the amount of$324,319.00. Of the four(4)bids, all were found complete with the exception of Maxwell Contracting, Inc. who did not submit a listing of experience or an Anti-Collusion Statement with their bid package.None of the bids had any mathematical errors in the unit price extensions or additions. TB Landmark has an extensive resume of successfully completed similar projects throughout Florida and beyond. Our firm has worked with TB Landmark on previous projects with similar scopes and it is our opinion that they have the necessary abilities and experience to complete this project. We therefore recommend award of this project to TB Landmark Construction,Inc.in the amount of$324,319.00 Contact our office if you have any questions or need further information. Sincerely, David A. King, P.E. Vice President/Business Unit Leader DAK:bf Encl. - Bid Tabulation 4401 Eastport Parkway Phone:(386) 761-6810 P.O.Box 290247 Fax:(386) 761-3977 Port Orange.Florida 32129-0247 www.qlha.com City of Cape Canaveral Lift Station #3 12" Force Main Replacement, Bid No.2018.02 March 29,2018 Bid Tabulation [large table] Attachment #3 Construction Agreement Bid#2018-02 Cape Canaveral,Florida CONSTRUCTION AGREEMENT This Agreement made this day of , 2018 between the CITY OF CAPE CANAVERAL,a Florida municipal corporation(herein referred to as CITY) and , a State Certified General Construction Finn authorized and duly licensed to do business in the State of Florida(herein referred to as CONTRACTOR),as follows: 1. DESCRIPTION OF WORK-CONTRACTOR shall perform the work, in accordance with the Contract Documents, for the replacement of Lift Station#3 Force Main 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 Baskerville-Donovan, Inc. (BDI), dated December 2014; Addendum #1 prepared by Quentin L. Hampton Associates (QLHA), dated January 2018; Bid #2018-02; Documents issued by the City; Contractor's Bid Submittal; General Conditions by the City; Supplemental Terms and Conditions by the City; 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;Contractor's Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions; 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/Contractor Page 1 of 12 Bid#2018-02 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 thirty (30) days after the issuance of a written Notice to Proceed and shall complete the Work within one hundred (100) calendar days from the date of the 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 ($10.00)dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of ($ ). 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/Contractor Page 2 of 12 Bid#2018-02 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. Progress payments may be withheld if: City of Cape Canaveral/Contractor Page 3 of 12 Bid#2018-02 Cape Canaveral,Florida a. Work is found defective and not remedied; b. Contractor does not make prompt and proper payments to subcontractors; c. Contractor 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 of Cape Canaveral, 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/Contractor Page 4 of 12 Bid#2018-02 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 CITY, 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/Contractor Page 5 of 12 Bid#2018-02 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/Contractor Page 6 of 12 Bid#2018-02 Cape Canaveral,Florida 18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR wan-ants 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. 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 City of Cape Canaveral/Contractor Page 7 of 12 Bid#2018-02 Cape Canaveral,Florida 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 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 City of Cape Canaveral/Contractor Page 8 of 12 Bid#2018-02 Cape Canaveral, Florida 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 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, City of Cape Canaveral/Contractor Page 9 of 12 Bid#2018-02 Cape Canaveral,Florida 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 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, 100 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. CONTRACTOR 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 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 City of Cape Canaveral/Contractor Page 10 of 12 Bid#2018-02 Cape Canaveral, Florida 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 tern, 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. 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 City of Cape Canaveral/Contractor Page 11 of 12 Bid#2018-02 Cape Canaveral,Florida 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 Ci : For Contractor: City of Cape Canaveral David L.Greene,City Manager 100 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONTRACTOR: WITNESSES: By: Print Name: Print Name: Title: Print Name: 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/Contractor Page 12 of 12 [CITY SEAL] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/17/2018 .. .. Item No. 3 Subject: Ordinance No. 02-2018; providing Code amendments related to the sergeant at arms; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. Departments: Community Engagement Summary: On 2/23/2018, City Council Member Wes Morrison showed support to the City Manager via email for Cape Canaveral's Precinct Commander,Linda Moros,of Brevard County Sheriff s Office,to review the chamber hall meeting room safety basics before the next Regular City Council meeting on 3/20/2018. To fulfill City Council Member Morrison's request, the current Sergeant at Arms Policy has been reviewed by the City Attorney, City Manager and Public Safety Team, consisting of Brevard County Sheriff s Office and Canaveral Fire Rescue personnel. The City has followed a long tradition of government deliberative bodies having a sergeant at arms present at various public meetings held by the City Council and other City Boards and Committees for purposes of keeping order and security at its meetings. It is established legal practice that documents relating directly to the physical security of the facility or revealing security system plans such as city building plans, surveys, blueprints, threat response plans, schematic diagrams, security training, sheltering arrangements, emergency evacuation plans, recommendations or consultations be deemed confidential and exempt from public records pursuant to section 119.071(3), Florida Statutes (Attachment 1) and s. 24(a) Art. I of the State Constitution. Additionally, any council meeting, or portion thereof, at which security system plans will be revealed or discussed shall be conducted in a confidential manner and closed to the public pursuant to section 286.0113 (1), Florida Statutes (Attachment 2) and s. 24(b) Art. I of the State Constitution. The current Sergeant at Arms Policy reads: Sec. 2-63.- Sergeant at arms. The sergeant at arms shall be present at regular council meetings when so requested by any member of the city council or by the city manager. (Code 1981, § 271.12) After review,the current Policy was found to be adequate,but with the recent change in meeting venue, there is room for improvement to create a more substantial, and expanded version of the Sergeant at Arms Policy. There is an established process of Staff research, consultant and City Council Member input that goes into Administrative Policy changes. In this case, Council Member Morrison also submitted his own language regarding updates to the Sergeant at Arms Policy to the City Manager via email on 3/8/2018 (Attachment 3). Council Member Morrison's suggested Sergeant at Arms Policy changes Proposed Language for Ordinance Sec. 2-63 on March 20, 2018 City Council Meeting Sec. 2-63.- Sergeant at arms. (a.) The sergeant at arms shall be present at regular council meetings when so requested by any member of the city council or by the city manager. (b.) The sergeant at arms shall have discretion to position themselves in the room where they determine to ensure the safety and security of the council meeting for the City Council Meeting Date: 4/17/2018 Item No. 3 Page 2 of 3 public, council and staff. (c.) The sergeant at arms is responsible for conducting a minimum of one training per year individually or as a group and or when one of the following events occurs: 1.) A new facility is being utilized to hold a public meeting. 2.) A new member of the council or staff has been appointed, elected or hired and required to attend meetings. 3.) Upon request of the Sergeant at arms, City Council or City Manager. (Code 1981, § 271.12) After reviewing the submitted language, the Public Safety Team, City Manager and City Attorney found it to be incongruous with all City Boards and Committees and generally inadequate as a measure to ensure the safety of City Council, Board and Committee Members, City Staff and members of the public. With input from the Public Safety Team, City Manager and City Attorney, it has been determined that the following changes are in the best interest of Council Members, all Boards and Committees, City Staff and members of the public: • The Sergeant at Arms shall be the Cape Canaveral Precinct Commander of the Brevard County Sheriff's Office and such other Sheriff's officers designated by the Precinct Commander. • The Sergeant at Arms will be present during all Council, Board and Committee meetings unless attendance is otherwise excused by the City Council,City Manager or Board or Committee prior to or during a specific meeting. This expanded Sergeant at Arms Policy will encompass not only City Council meetings, but the other 8 volunteer advisory boards (Board of Adjustment, Business and Economic Development Board, Code Enforcement Board, Community Appearance Board, Construction Board of Adjustment&Appeals,Culture and Leisure Services Board, Library Board and Planning and Zoning Board)comprised of 56 members(with no board vacancies) and approximately 25 members of necessary support staff to include board secretaries, directors and code enforcement officers. • The Sergeant at Arms and City Manager shall be responsible for developing security system plans for City Council meetings and all other Boards and Committees. The provisions of Section 2-63(3) and (4) of the City Code deeming security system plans confidential and exempt from public records disclosure previously mentioned shall be applicable. • In addition, the Sergeant at Arms will conduct one private annual training session for necessary City Staff, City Council, Board and Committee members in the presence of the City Attorney. City Council, Board and Committee members and Staff that are appointed/hired between training sessions shall be individually briefed on the Sergeant at Arms Policy by the appropriate Director until the following annual private training session can be attended. • The City Manager,City Council and Sergeant at Arms have the authority to call for additional training sessions should it be deemed necessary. Let there be no mistake,the safety and security of all those involved with City Council,Board and Committee meetings,in these challenging times,is paramount to the Public Safety Team, City Council Meeting Date: 4/17/2018 Item No. 3 Page 3 of 3 City Manager and City Attorney. Ordinance No. 02-2018 was approved at first reading on March 20, 2018. The Notice of Public Hearing was advertised in Florida Today on April 5, 2018. Submitting Department Director: Joshua Surprenant Date: 4/10/2018 Attachments: (1) Florida Statute 119.071(3) (2) Florida Statute 286.0113(1) (3) Council Member Morrison's Proposed Language for City Code Sec. 2-63 (4) Ordinance No. 02-2018 Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/9/18 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 02-2018 on second reading. Approved by City Manager: David L. Greene Date: 4/9/18 ATTACHMENT 1 Florida Statute 119.071(3) (3) SECURITY.— (a)1. As used in this paragraph, the term "security system plan" includes all: a. Records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof relating directly to the physical security of the facility or revealing security systems; b. Threat assessments conducted by any agency or any private entity; c. Threat response plans; d. Emergency evacuation plans; e. Sheltering arrangements; or f. Manuals for security personnel, emergency equipment, or security training. 2. A security system plan or portion thereof for: a. Any property owned by or leased to the state or any of its political subdivisions; or b. Any privately owned or leased property held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption is remedial in nature, and it is the intent of the Legislature that this exemption apply to security system plans held by an agency before, on, or after the effective date of this paragraph. 3. Information made confidential and exempt by this paragraph may be disclosed: a. To the property owner or leaseholder; b. In furtherance of the official duties and responsibilities of the agency holding the information; c. To another local, state, or federal agency in furtherance of that agency's official duties and responsibilities; or d. Upon a showing of good cause before a court of competent jurisdiction. (b)1. Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2. This exemption applies to building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency before, on, or after the effective date of this act. 3. Information made exempt by this paragraph may be disclosed: a. To another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; b. To a licensed architect, engineer, or contractor who is performing work on or related to the building, arena, stadium, water treatment facility, or other structure owned or operated by an agency; or c. Upon a showing of good cause before a court of competent jurisdiction. 4. The entities or persons receiving such information shall maintain the exempt status of the information. (c)1. Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout or structural elements of an attractions and recreation facility, entertainment or resort complex, industrial complex, retail and service development, office development, or hotel or motel development, which records are held by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2. This exemption applies to any such records held by an agency before, on, or after the effective date of this act. 3. Information made exempt by this paragraph may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to the owner or owners of the structure in question or the owner's legal representative; or upon a showing of good cause before a court of competent jurisdiction. 4. This paragraph does not apply to comprehensive plans or site plans, or amendments thereto, which are submitted for approval or which have been approved under local land development regulations, local zoning regulations, or development-of-regional-impact review. 5. As used in this paragraph, the term: a. "Attractions and recreation facility" means any sports, entertainment, amusement, or recreation facility, including, but not limited to, a sports arena, stadium, racetrack, tourist attraction, amusement park, or pari-mutuel facility that: (1) For single-performance facilities: (A) Provides single-performance facilities; or (B) Provides more than 10,000 permanent seats for spectators. (11) For serial-performance facilities: (A) Provides parking spaces for more than 1,000 motor vehicles; or (B) Provides more than 4,000 permanent seats for spectators. b. "Entertainment or resort complex" means a theme park comprised of at least 25 acres of land with permanent exhibitions and a variety of recreational activities, which has at least 1 million visitors annually who pay admission fees thereto, together with any lodging, dining, and recreational facilities located adjacent to, contiguous to, or in close proximity to the theme park, as long as the owners or operators of the theme park, or a parent or related company or subsidiary thereof, has an equity interest in the lodging, dining, or recreational facilities or is in privity therewith. Close proximity includes an area within a 5-mile radius of the theme park complex. c. "Industrial complex" means any industrial, manufacturing, processing, distribution, warehousing, or wholesale facility or plant, as well as accessory uses and structures, under common ownership that: (1) Provides onsite parking for more than 250 motor vehicles; (11) Encompasses 500,000 square feet or more of gross floor area; or (111) Occupies a site of 100 acres or more, but excluding wholesale facilities or plants that primarily serve or deal onsite with the general public. d. "Retail and service development" means any retail, service, or wholesale business establishment or group of establishments which deals primarily with the general public onsite and is operated under one common property ownership, development plan, or management that: (1) Encompasses more than 400,000 square feet of gross floor area; or (11) Provides parking spaces for more than 2,500 motor vehicles. e. "Office development" means any office building or park operated under common ownership, development plan, or management that encompasses 300,000 or more square feet of gross floor area. f. "Hotel or motel development" means any hotel or motel development that accommodates 350 or more units. ATTACHMENT 2 Florida Statute 286.0113(1) 286.0113 General exemptions from public meetings.— (1) That portion of a meeting that would reveal a security system plan or portion thereof made confidential and exempt by s. 119.071(3)(a) is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution. (2)(a) For purposes of this subsection: 1. "Competitive solicitation" means the process of requesting and receiving sealed bids, proposals, or replies in accordance with the terms of a competitive process, regardless of the method of procurement. 2. "Team" means a group of members established by an agency for the purpose of conducting negotiations as part of a competitive solicitation. (b)1. Any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of a competitive solicitation, or at which a vendor answers questions as part of a competitive solicitation is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution. 2. Any portion of a team meeting at which negotiation strategies are discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution. (c)1. A complete recording shall be made of any portion of an exempt meeting. No portion of the exempt meeting may be held off the record. 2. The recording of, and any records presented at, the exempt meeting are exempt from s.119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever occurs earlier. 3. If the agency rejects all bids, proposals, or replies and concurrently provides notice of its intent to reissue a competitive solicitation, the recording and any records presented at the exempt meeting remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the initial agency notice rejecting all bids, proposals, or replies. History.—s. 2, ch. 2001-361; s. 44, ch. 2005-251; s. 2, ch. 2006-158; s. 2, ch. 2006-284; s. 13, ch. 2010-151; s. 2, ch. 2011-140; s. 2, ch. 2016-49. ATTACHMENT 3 Proposed Language for Code Sec. 2-63 on March 20, 2018 City Council Meeting Sec. 2-63. - Sergeant at arms. (a.) The sergeant at arms shall be present at regular council meetings when so requested by any member of the city council or by the city manager. (b) The sergeant at arms shall have discretion to position themselves in the room where they determine to ensure the safety and security of the council meeting for the public, council and staff. (c) The sergeant at arms is responsible for conducting a minimum of one training per year individually or as a group and or when one of the following events occurs: 1.) A new facility is being utilized to hold a public meeting. 2.) A new member of the council or staff has been appointed, elected or hired and required to attend meetings. 3.)Upon request of the Sergeant at arms, City Council or City Manager. (Code 1981, § 271.12) ATTACHMENT 4 1 ORDINANCE NO. 02-2018 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 5 PROVIDING CODE AMENDMENTS RELATED TO THE 6 SERGEANT AT ARMS;PROVIDING FOR THE REPEAL OF 7 PRIOR INCONSISTENT ORDINANCES AND 8 RESOLUTIONS, INCORPORATION INTO THE CODE, 9 SEVERABILITY AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the 12 State Constitution, to exercise any power for municipal purposes, except when expressly 13 prohibited by law; and 14 15 WHEREAS, the safety of elected and appointed City officials, City employees and 16 members of the public at City Council meetings and other City board or committee meetings are 17 of utmost concern for the City Council, City Manager and the City's Public Safety Team; and 18 19 WHEREAS, the City has followed a long tradition of government deliberative bodies of 20 having a sergeant at arms present at various public meetings held by the City Council and other 21 City boards and committees for purposes of keeping order and security at its meetings; and 22 23 WHEREAS, the City Council desires to clarify its basic policy set forth in the City Code 24 regarding the role of the sergeant at arms and other City officials at public board meetings 25 conducted by the City; and 26 27 WHEREAS, the City Council acknowledges that for the safety and security of the 28 aforesaid elected and appointed City officials, City employees and members of the public,the City 29 Council desires only to express herein a basic policy related to the sergeant at arms with the 30 understanding and recognition that Florida law deems local government security system plans, and 31 meetings revealing such plans, confidential and exempt from public records disclosure and public 32 meeting laws; and 33 34 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 35 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape 36 Canaveral. 37 38 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 39 OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS: 40 41 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein 42 by this reference as legislative findings and the intent and purpose of the City Council of the City 43 of Cape Canaveral. 44 45 Section 2. Code Amendment — Council Rules. Section 2-63 of the Code of 46 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type 47 indicates additions and strikeout type indicates deletions): 48 49 City of Cape Canaveral Ordinance No.02-2018 Page 1 of 3 I Sec. 2-63.— Sergeant at Arms. 2 (1) The sergeant at arms shall be the Cape Canaveral Precinct Commander of the 3 Brevard County Sheriffs Office and such other sheriffs officers designated by the Precinct 4 Commander. The sergeant at arms is responsible for maintaining order and security at city 5 council meetings. 6 7 (2) The sergeant at arms shall be present at and during all fegtil council meetings 8 unless attendance is otherwise excused by the city council 9 or by the city manager prior to or during a specific meeting. 10 11 (3) The sergeant at arms and the city manager shall be responsible for developing 12 security system plans for council meetings, and training related to the security systemplans shall 13 be provided to the city council and its members,ci . attorney and qpplicable city staff on an annual 14 basis and as deemed necessary by the sergeant at arms, city council or city manager. 15 16 (4) Security,system plans shall be deemed confidential and exempt from public records 17 disclosure pursuant to section 119.071(3), Florida Statutes and s. 24(a) Art. I of the State 18 Constitution. Additionally, any council meeting, or portion thereof, at which security system 19 plans, or portions thereof,will be revealed or discussed shall be conducted in a confidential manner 20 and closed to the public pursuant to section 286.0113 (1), Florida Statutes and s. 24(b)Art. I of the 21 State Constitution. 22 23 Section 3. Code Amendment — Uniform Procedures and requirements of 24 City Boards. Section 2-171 of the Code of Ordinances, City of Cape Canaveral, Florida, is 25 hereby amended as follows (underlined type indicates additions and strikeout type indicates 26 deletions): 27 28 Chapter 2 29 30 Article IV. Boards, Committees Commissions. 31 32 33 34 (q) Sergeant at arms. The sergeant at arms designated pursuant to section 2-63(1) 35 of the City Code shall be present at and during all board and committee meetings unless attendance 36 is otherwise excused by the city council, city manager or board or committee prior to or during a 37 specific meeting. The provisions of section 2-63(3) and (4) of the City Code regarding security 38 system plans shall be applicable to boards and committees. 39 40 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 41 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 42 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 43 44 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the 45 Cape Canaveral City Code and any section or paragraph,number or letter and any heading may be 46 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 47 like errors may be corrected and additions, alterations, and omissions, not affecting the 48 construction or meaning of this Ordinance and the City Code may be freely made. City of Cape Canaveral Ordinance No.02-2018 Page 2 of 3 1 2 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 4 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall 5 be deemed a separate, distinct and independent provision, and such holding shall not affect the 6 validity of the remaining portions of this Ordinance. 7 8 Section 7. Effective Date. This Ordinance shall become effective immediately upon 9 adoption by the City Council of the City of Cape Canaveral, Florida. 10 11 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th 12 day of April, 2018. 13 14 15 Bob Hoog,Mayor 16 17 ATTEST: For Against 18 19 Mike Brown 20 21 Mia Goforth, CMC Robert Hoog 22 City Clerk 23 Wes Morrison 24 1 st Reading: March 20, 2018 25 Advertisement: April 5, 2018 Rocky Randels 26 2nd Reading: April 17, 2018 27 Angela Raymond 28 29 Approved as to legal form and sufficiency 30 for the City of Cape Canaveral only by: 31 32 33 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No.02-2018 Page 3 of 3 [CITY SEAL] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/17/2018 Item No. 4 Subject: Ordinance No. 03-2018; amending Section 110-372 of the City Code; providing for a 20-foot minimum townhouse unit width; increasing the minimum lot widths and adjusting the minimum lot areas accordingly; establishing provisions governing nonconforming townhouse structures and lots;providing relief for multiple-family and two-family dwellings existing prior to October 4, 1988 which were built in accordance with townhouse standards from certain minimum lot width and setback requirements; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: Community Development Summary: Section 110-372 of the City Code contains minimum development standards for townhouse construction. Currently, the Code requires a townhouse lot be a minimum of 20 feet in width. When combined with the minimum side setback of 8 feet for an end unit, a 12-foot wide townhouse structure is possible. Historically, townhouse lots were allowed to be a minimum 16 feet in width. That changed in 1988 when Ordinance No. 9-88 was adopted, which increased the minimum width of a townhouse to 20 feet. The proposed Ordinance requires minimum width for an end unit be increased to 28 feet. This would allow for an 8-foot side setback and a minimum 20-foot wide structure. The ordinance also requires a minimum 45-foot wide lot for a corner, end unit or 35 feet for a corner lot on a nonconforming lot of record. The proposed standards [if approved] will create a certain number of nonconforming structures that were built to the previous requirements.The Ordinance addresses this by allowing a nonconforming townhouse,built prior to April 17, 2018, to be rebuilt should it be destroyed. The Ordinance also allows for the conversion of multiple-family and two-family dwellings, existing prior to October 4, 1988, into a townhouse. These dwellings, although not located on individually platted lots, are required to have been built to townhouse standards to include a minimum of 16-foot wide lots. In addition, the dwelling(s) shall be allowed to remain, irrespective of encroachment into a yard setback. Documentation must be submitted that documents the dwelling(s) were built to the then applicable townhouse provisions. The Planning & Zoning Board, at its March 14, 2018 Meeting, recommended approval of the subject Ordinance. Submitting Department Director: David Dickey Date: 4-9-18 Attachment: Ordinance No. 03-2018 Financial Impact: Cost of Ordinance preparation, advertisement and Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/9/18 The City Manager recommends that City Council te the following action: Approve Ordinance No. 03-2018 on first reading. Approved by City Manager: David L. Greene Date: 4/9/18 I ORDINANCE NO. 03-2018 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 5 AMENDING SECTION 110-372 OF THE CITY CODE; 6 PROVIDING FOR A 20-FOOT MINIMUM TOWNHOUSE 7 UNIT WIDTH; INCREASING THE MINIMUM LOT 8 WIDTHS AND ADJUSTING THE MINIMUM LOT AREAS 9 ACCORDINGLY; ESTABLISHING PROVISIONS 10 GOVERNING NONCONFORMING TOWNHOUSE 11 STRUCTURES AND LOTS; PROVIDING RELIEF FOR 12 MULTIPLE-FAMILY AND TWO-FAMILY DWELLINGS 13 EXISTING PRIOR TO OCTOBER 4, 1988 WHICH WERE 14 BUILT IN ACCORDANCE WITH TOWNHOUSE 15 STANDARDS FROM CERTAIN MINIMUM LOT WIDTH 16 AND SETBACK REQUIREMENTS; PROVIDING FOR THE 17 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 18 RESOLUTIONS, INCORPORATION INTO THE CODE, 19 SEVERABILITY AND AN EFFECTIVE DATE. 20 21 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the 22 State Constitution, to exercise any power for municipal purposes, except when expressly 23 prohibited by law; and 24 25 WHEREAS, Section 110-372 of the Code of Ordinances, City of Cape Canaveral, 26 Florida ("Code") was amended on October 4, 1988 via Ordinance 9-88 to change the minimum 27 lot width for a townhouse lot from 16 feet to 20 feet; and 28 29 WHEREAS, currently, the Code does not provide a minimum unit width for 30 townhouses, which has resulted in the proliferation of very narrow townhomes due to the 31 application of setbacks; and 32 33 WHEREAS, the City Council desires to establish a minimum townhouse unit width of 34 20 feet and increase the minimum lot widths where end units will be built, including a 28- 35 foot minimum lot width for side, end unit lots and a 45-foot minimum lot width for side, corner 36 unit lots, to ensure that all newly-built townhome units will be at least 20-feet in width; and 37 38 WHEREAS, the City Council intends to modify the regulations relating to 39 nonconforming structures and nonconforming lots to allow for rebuilding of nonconforming 40 townhouses in the event they are destroyed; and 41 42 WHEREAS, the City Council further desires to provide relief from the 20-foot minimum 43 lot widths for existing multiple-family and two-family dwelling units built prior to October 4, 44 1988, which were built in accordance with townhouse standards at the time of construction, but 45 were not built on individually platted lots; and 46 47 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds 48 this Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 49 Cape Canaveral. City of Cape Canaveral Ordinance No.03-2018 Page 1 of 4 1 2 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 3 OF CAPE CANAVERAL, BREVARD COUNTY,FLORIDA,AS FOLLOWS: 4 5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 6 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 7 Canaveral. 8 9 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape 10 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and 11 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance 12 of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks 13 and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption 14 of this Ordinance: 15 16 Chapter 110—ZONING 17 18 * * * 19 20 ARTICLE VII.—DISTRICTS 21 22 * * * 23 24 DIVISION 8.—TOWNHOUSES 25 26 * * * 27 28 Sec. 110-372. -Area and dimensions. 29 Townhouse area and dimensions shall be as follows: 30 (1) Minimum area to be developed shall be 6,250 square feet. 31 (2) Minimum lot area shall be 44, N 1,400 square feet. 32 (3) For all townhouse subdivisions approved after April 17, 2018,the Mminimum lot width 33 shall be 20 feet for interior lots, 28 feet for end lots, 45 feet for a corner lot and 35 feet 34 for a corner lot on a nonconforming lot of record. 35 a. Should a townhouse structure built on a lot that has become nonconforming after 36 April 17, 2018 be destroyed, a new townhouse may be rebuilt on such 37 nonconforming lot, notwithstanding the provisions of Section 110-196 relating to 38 nonconforming lots of record. 39 (4) Minimum lot depth shall be 70 feet. 40 (5) Maximum lot coverage by all buildings shall be 40 percent of the site area. 41 (6) Minimum floor area shall be as follows: 42 a. One bedroom, 650 square feet per dwelling unit. 43 b. Two bedrooms, 750 square feet per dwelling unit. 44 c. Additional bedrooms, 200 square feet per bedroom. City of Cape Canaveral Ordinance No.03-2018 Page 2 of 4 1 (7) Maximum building length or width shall be 185 feet. 2 (8) For all townhouse units built after April 17, 2018, the minimum townhouse unit width 3 shall be 20 feet. 4 a. Should a townhouse unit that has become nonconforming after April 17, 2018 be 5 destroyed, a new townhouse unit may be rebuilt,provided that it is in conformity with the 6 provisions of this Division to the maximum extent possible, notwithstanding the 7 provisions of Section 110-193(c) relating to the continuance of nonconforming structures 8 Until December 31, 1993, 50 and 75-foot-wide nonconforming lots of record may have 16- 9 foot-wide townhouse lots. Further, notwithstanding the above, for multiple-family dwellings 10 and two-family dwellings existing prior to October 4, 1988 that, although not located on 11 individually platted lots, were otherwise built in accordance with townhouse standards, such 12 dwellings may be converted to townhouses with lot widths and unit widths of 16 feet or more 13 as necessary to allow for the existing footprint of each dwelling unit to remain. In addition, 14 notwithstanding any provision of Chapter 98 of this Code, such existing dwellings shall be 15 allowed to remain in their existing location, irrespective of an encroachment into a yard 16 setback, except that such encroachment must be remedied upon the destruction of the 17 encroaching unit. 18 With any application for a townhouse subdivision that proposes to convert an existing 19 multiple-family or two-family dwelling unit into a townhouse, the applicant must submit a 20 certified report from a registered state professional engineer that such dwelling was built in 21 accordance with townhouse standards and such units shall also be subject to inspection by the 22 building official. Townhouse standards shall mean that the multiple-family dwelling or two- 23 family dwelling was built in accordance with the applicable Townhouse provisions of the 24 adopted Building Code at the time of its construction. 25 26 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 27 inconsistent Ordinances and Resolutions adopted by the City Council, or parts of prior 28 Ordinances and Resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 29 30 Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Cape 31 Canaveral City Code and any section or paragraph, number or letter and any heading may be 32 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 33 like errors may be corrected and additions, alterations and omissions,not affecting the construction 34 or meaning of this Ordinance and the City Code may be freely made. 35 36 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 37 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 38 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall 39 be deemed a separate, distinct and independent provision, and such holding shall not affect the 40 validity of the remaining portions of this Ordinance. 41 42 Section 6. Effective Date. This Ordinance shall become effective immediately upon 43 adoption by the City Council of the City of Cape Canaveral, Florida. 44 45 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 46 of 72018. City of Cape Canaveral Ordinance No.03-2018 Page 3 of 4 1 2 3 Bob Hoog,Mayor 4 5 ATTEST: For Against 6 7 Mike Brown 8 9 Mia Goforth, CMC Robert Hoog 10 City Clerk 11 Wes Morrison 12 First Hearing: April 17, 2018 13 Advertisement: Rocky Randels 14 Second Hearing: 15 Angela Raymond 16 17 Approved as to legal form and sufficiency 18 for the City of Cape Canaveral only by: 19 20 21 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No.03-2018 Page 4 of 4 [CITY SEAL] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/17/2018 Item No. 5 Subject: Ordinance No. 04-2018; providing for the location of Pharmacies and Medical Marijuana Treatment Center dispensing facilities within the City; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: Community Development Summary: On September 16, 2014, the City Council adopted Ordinance No. 09-2014 to establish operational and locational criteria related to Medical Marijuana Treatment Centers (MMTC). The Ordinance was in anticipation of the November 4, 2014 referendum on The Florida Medical Marijuana Initiative(Amendment 2). Amendment 2, which was approved by 71 percent of the electorate, took effect on January 3, 2017 and required laws be in place by July 3, 2017 for how patients can qualify and receive medical marijuana. Governor Rick Scott signed legislation (SB 8-A) on June 23, 2017 to implement Amendment 2. Highlights of the legislation include: • Exempts marijuana and marijuana delivery devices from sales and use tax. • Establishes procedures for physicians to issue certifications to patients who have qualifying medical conditions. • Allows marijuana edibles and vaping,but prohibits smoking. • Eliminates a 90-day waiting period for a patient to receive medical marijuana. • Establishes qualifications to become a caregiver to assist qualified patients. Another notable provision of the law is that it contains specific preemption provisions regarding MMTF dispensary facilities (dispensing facilities). Specifically, that a municipality may, by ordinance, ban MMTC from being located within its boundaries. However, if a municipality does not ban dispensing facilities, it may not place specific limits either on the number of dispensing facilities that may locate in the municipality and, further, may not enact ordinances for permitting or determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies. In response,the Council adopted Ordinance No. 11-2017 which prohibited dispensing facilities in the City limits. In recent months, a number of Brevard County governments have approved ordinances to allow for medical marijuana distribution. These Cities include Rockledge, Palm Bay, Titusville and Satellite Beach. In February, the Brevard County Commission let the countywide moratorium expire,thus allowing dispensing facilities throughout the County. Consistent with these recent actions, an ordinance has been prepared that would allow for a dispensing facility in the C-1 and C-2 zoning districts within the AIA Economic Opportunity Overlay District. Further, the ordinance would limit permissible locations to properties that are adjacent to or contiguous with Highway AIA (a.k.a. Astronaut Boulevard and N. Atlantic City Council Meeting Date: 4/17/2018 Item No. 5 Page 2 of 2 Avenue south of International Drive).This road is better suited to accommodate uses with higher volumes of traffic. N. Atlantic Avenue, north of International Drive is mostly residential in nature and has been recently upgraded with pedestrian-centric improvements. The proposed ordinance also includes a 500-foot separation requirement,consistent with Florida Statutes,between a dispensing facility and a public or private elementary,middle and secondary school. Florida Statutes also requires video surveillance and employees be registered with local law enforcement agencies. Submitting Department Director: David Dickey Date: 4-9-18 Attachment: Ordinance No. 04-2018 Financial Impact: Cost of Ordinance preparation, advertisement and Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/9/18 The City Manager recommends that City Council take the following action: Approve Ordinance No. 04-2018 on first reading. Approved by City Manager: David L. Greene Date: 4/9/18 I ORDINANCE NO. 04-2018 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 5 PROVIDING FOR THE LOCATION OF PHARMACIES 6 AND MEDICAL MARIJUANA TREATMENT CENTER 7 DISPENSING FACILITIES WITHIN THE CITY; 8 PROVIDING FOR THE REPEAL OF PRIOR 9 INCONSISTENT ORDINANCES AND RESOLUTIONS, 10 INCORPORATION INTO THE CODE, SEVERABILITY 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the 14 State Constitution, to exercise any power for municipal purposes, except when expressly 15 prohibited by law; and 16 17 WHEREAS, in 2016, Florida voters approved the Florida Right to Medical Marijuana 18 Initiative ("Amendment 2"), which amended the Florida Constitution to authorize "Medical 19 Marijuana Treatment Centers"; and 20 21 WHEREAS, the Florida Legislature passed SB 8-A, amending Section 381.986, 22 Florida Statutes, in the 2017 Special Session, approved by the Governor on June 23, 23 2017, which implemented Amendment 2 and which further contains specific preemption 24 provisions regarding dispensary facilities of medical marijuana treatment centers; and 25 26 WHEREAS, specifically, SB 8-A provides that a municipality may, by ordinance, ban 27 medical marijuana treatment center dispensing facilities from being located within the boundaries 28 of that municipality, but that a municipality that does not ban dispensing facilities may not place 29 specific limits either on the number of dispensing facilities that may locate in the municipality and, 30 further,may not enact ordinances for permitting or determining the location of dispensing facilities 31 which are more restrictive than its ordinances permitting or determining the locations for 32 pharmacies licensed under chapter 465, Florida Statutes; and 33 34 WHEREAS, the City Council previously in Ordinance 11-2017 enacted a ban on 35 medical marijuana treatment center dispensing facilities, prohibiting them from locating in the 36 City, with the direction that the City Council may, at some time in the future, reconsider the ban; 37 and 38 39 WHEREAS, the City Council now desires to reconsider the prohibition on 40 medical marijuana treatment center dispensing facilities previously enacted in Ordinance 41 11-2017 to allow for such dispensing facilities in certain locations where pharmacies are 42 permitted in the C-1 and C-2 zoning districts within the AIA Economic Opportunity Overlay 43 District; and 44 45 WHEREAS, the City Council, with the concurrence of the Planning and Zoning Board, 46 has determined that pharmacies and medical marijuana treatment center dispensing facilities are 47 likely to attract customers from beyond the City limits and to generate a significant number 48 of traffic trips, particularly with delivery of the controlled substances to be dispensed being permitted pursuant to Florida Statutes; and City of Cape Canaveral Ordinance No.04-2018 Page 1 of 6 I WHEREAS, because of the trips likely to be generated by such uses, the City 2 Council desires to limit the permissible locations for pharmacies and medical marijuana 3 treatment center dispensing facilities to properties that are adjacent or contiguous to 4 Highway AIA (a.k.a. Astronaut Boulevard and N. Atlantic Avenue south of International 5 Drive), which is better suited to accommodate the traffic that will be generated than other parts 6 of N. Atlantic Avenue generally running northeast from Highway AIA to George King 7 Boulevard; and 8 9 WHEREAS, properties along the portion of N. Atlantic Avenue generally running 10 northeast of Highway AIA to George King Boulevard, which are mostly residential in nature 11 with wide sidewalks and biking paths and a 25 mph speed limit designed to encourage pedestrian 12 and bicycle transportation, are not well-suited to traffic-intensive uses; and 13 14 WHEREAS, the City Council therefore determines that it is in the best interests of the 15 public health, safety and welfare of the citizens of Cape Canaveral to allow pharmacies and 16 medical marijuana treatment center dispensing facilities within the boundaries of the City, 17 subject to the limitations specifically provided herein. 18 19 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 20 OF CAPE CANAVERAL, BREVARD COUNTY,FLORIDA,AS FOLLOWS: 21 22 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 23 this reference as legislative findings and the intent and purpose of the City Council of the City of 24 Cape Canaveral. 25 26 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape 27 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and 28 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance 29 of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the 30 asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior 31 to adoption of this Ordinance: 32 33 34 Chapter 110—ZONING 35 36 * * * 37 ARTICLE L—IN GENERAL 38 * * * 39 40 Sec. 110-1.—Definitions. 41 42 * * * 43 44 Pharmacy means an establishment licensed by and in good standing with the State of Florida as 45 a community pharmacy, as defined in Chapter 465, Florida Statutes, that may dispense Schedule 46 II and III controlled substances. 47 48 * * * City of Cape Canaveral Ordinance No.04-2018 Page 2 of 6 1 2 ARTICLE IX.—SUPPLEMENTARY DISTRICT REGULATIONS 3 4 * * * 5 6 DIVISION 1.— GENERALLY 7 8 * * * 9 10 Sec. 110-489. - Pain management clinic 11 regulations. 12 (1) Pain management clinics may only be permitted by special exception in the C-1, C-2 and 13 M-1 zoning districts, subject to the general conditions for special exceptions and subject to 14 the following requirements: 15 * * * 16 (r) Single special exception application/Single classification of special exception. Only 17 one special exception may be issued for a location or any single building and only under 18 a single classification for a pain management clinic. 19 20 * * * 21 22 23 24 * * * 25 26 ARTICLE X.—A1A ECONOMIC OPPORTUNITY OVERLAY DISTRICT 27 28 * * * 29 DIVISION 1.— GENERALLY 30 31 * * * 32 33 Sec. 110-587. -Applicability. 34 (1) The District is a commercial corridor of approximately one and three-quarter miles, 35 generally centered on both A1A (Astronaut Boulevard) and N. Atlantic Avenue and 36 recognized as extending from the entrance to the City of Cape Canaveral on the north to Grant 37 Avenue on the south. 38 (2) The area of the district along A1A is intended to serve as the main gateway into the City of 39 Cape Canaveral. The area of the district along Central Boulevard is intended to serve as the 40 main street to the City of Cape Canaveral's Town Center and as a transition between the land 41 use, circulation, and streetscape along A1A and the Town Center. This District is intended to 42 have the most intensive commercial and residential uses within the City. The EOOD is meant 43 to provide a lively and attractive interface between the proposed Town Center and the adjacent City of Cape Canaveral Ordinance No.04-2018 Page 3 of 6 I residential communities, while maintaining a primarily commercial street frontage along 2 A1A,N. Atlantic Avenue and Central Boulevard. 3 (3) The streets will have a retail/commercial service atmosphere with small or large 4 neighborhood stores at street level and apartments or offices on upper stories. The retail 5 composition of the district shall include, but not be limited to,retail stores,personal services, 6 hotels, cultural facilities, hospitals, clinics, pharmacies, medical marijuana treatment center 7 dispensing facilities, convenience stores with gas, high-tech manufacturing, entertainment, 8 and eating establishments including rooftop restaurants that serve the EOOD as well as stores, 9 eating establishments, and business services (printing, accounting, etc.) that serve the other 10 businesses and office users in the area. Residential uses shall be permitted within the District; 11 however, shall be limited to upper stories along A1A, N. Atlantic Avenue and Central 12 Boulevard within the District. 13 (4) The main street component of the District is intended to provide a mixed-use, 14 pedestrian-oriented focus for the proposed Town Center, with land uses serving Town 15 Center residents and visitors. This sub-district provides the City of Cape Canaveral with a 16 small-town style walkable center that is convenient, useful, safe and attractive for 17 pedestrians and lively, yet relaxed. Small-scale retail and other commercial uses shall 18 occupy as much of the ground floor frontages along Central Boulevard as the market will 19 bear. Upper stories shall be office or residential along these main streets. This district 20 also shall provide the potential for continuum-of-care developments including 21 opportunities for aging in place and include such uses as independent, assisted living and 22 skilled care facilities. 23 * * * 24 DIVISION 2.—ADMINISTRATION 25 26 * * * 27 28 Sec. 110-609. -Use matrix. 29 The District is intended to serve as both the main gateway area into the City as well as 30 the main street to the City's proposed Town Center. The following land use matrix (Table 1) 31 identifies the uses which are permitted by right (P), permitted by a special exception (SE), or 32 not allowed(NA). Table 1. Land Use Matrix Uses (not a complete listing)* C-1 C-2 M-1 Retail P P P 1 Personal Services P P SE 1 Hotels and Motels P P 1 P City of Cape Canaveral Ordinance No.04-2018 Page 4 of 6 Banks P P SEI Waterfront Restaurant P P SE Assisted Living Facility SE SEI NA Pharmacies/Medical Marijuana Treatment Center Dispensing P p NA Facilities 2 3 Flex Space (office, showroom,warehouse) 2 SE SE P Convenience Store w/Gas 2 SE SE P High-tech/Light Manufacturing 2 SE P P Warehousing 2 NA SE P Off-site Cruise Ship Parking Accessory to Hotels and Motels 2 SE SE SE Commercial Parking Facility (minimum lot size of 5 acres) NA NA SE Port of Call Facility [Permitted pursuant to a Development P P P Agreement(DA)] 1 (w/DA) (w/DA) (w/DA) Attraction and Destination Uses 1 PD PD PD Mixed-use Development uses (i.e. Town Center) 1 PD PD PD 1 2 1 Added use. 3 2 Use included to clarify intent of code. 4 3 Shall be permitted only on properties adjacent to or contiguous with Highway A1A a.k.a. 5 Astronaut Boulevard and N. Atlantic Avenue south of International Drive). For purposes 6 herein, a pharmacy shall include any use where a pharmacy is included as an accessory use or 7 department of the principal use. Medical marijuana treatment center dispensing facilities 8 shall not be located within 500 feet of the real property that comprises a public or private 9 elementary, middle or secondary school, or as otherwise provided in Chapter 381, 10 Florida Statutes, as may hereafter be amended. 11 *Uses not specifically listed may be approved as a Planned Development (PD). City of Cape Canaveral Ordinance No.04-2018 Page 5 of 6 1 2 3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 4 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 5 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 6 7 Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Cape 8 Canaveral City Code and any section or paragraph, number or letter and any heading may be 9 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 10 like errors may be corrected and additions,alterations and omissions,not affecting the construction 11 or meaning of this Ordinance and the City Code may be freely made. 12 13 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 14 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 15 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall 16 be deemed a separate, distinct and independent provision, and such holding shall not affect the 17 validity of the remaining portions of this Ordinance. 18 19 Section 6. Effective Date. This Ordinance shall become effective immediately upon 20 adoption by the City Council of the City of Cape Canaveral, Florida. 21 22 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 23 of , 2018. 24 25 26 Bob Hoog,Mayor 27 28 ATTEST: For Against 29 30 Mike Brown 31 32 Mia Goforth, CMC Robert Hoog 33 City Clerk 34 Wes Morrison 35 First Hearing: April 17, 2018 36 Advertisement: Rocky Randels 37 Second Hearing: 38 Angela Raymond 39 40 Approved as to legal form and sufficiency 41 for the City of Cape Canaveral only by: 42 43 44 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No.04-2018 Page 6 of 6 [CITY SEAL] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/17/2018 Item No. 6 Subject: Policy discussion related to Community Redevelopment Agency Board meetings. Department: Community Development Summary: In an email dated April 4, 2018 (Attachment 1), Council Member Wes Morrison requested a discussion item be placed on the April 17, 2018 City Council Meeting Agenda related to Community Redevelopment Agency(CRA) Board meetings. Specifically, Council Member Morrison is requesting a revision to Section 22-50 of City Code through the addition of new language (Attachment 2)related to Board meetings. The proposed revision mandates the CRA Board hold quarterly meetings with specific dates and times,unless such date falls on a legal national holiday. In that circumstance the meeting would not be held. In addition,the proposed revision specifies CRA Board meetings may be postponed, canceled or rescheduled by a consensus of the Board. Current CRA Board policy/practice is to conduct quarterly meetings only as necessary (see Attachment 3). If there is no business that requires action by the Board, meetings are typically canceled. As indicated in the CRA Plan, Board Staff is responsible for day-to-day operations of the CRA and to carry out Board direction.To that end,it has been the CRA Board's past practice that Staff determine the need for holding quarterly meetings. Holding Board meetings, as needed, has had a positive financial benefit to tax payers in that Staff and legal costs related to preparation for and conducting Board meetings are contained. Submitting Department Director: David Dickey Date: 4-9-18 Attachments: 1 —Email dated April 4, 2018 from Council Member Wes Morrison 2—Proposed Revisions to Sec. 22-50 3 —September 17, 2013 &August 19, 2014 CRA Board Minutes Financial Impact: Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/9/18 The City Manager recommends that City Council take the following action: Provide Staff with policy direction regarding proposed Code revision related to CRA Board meetings. Approved by City Manager: David L. Greene Date: 4/9/18 Attachment 1 From: Wes Morrison Sent: Wednesday, April 4, 2018 4:58:01 PM To: David Greene Cc: Daniel LeFever; Mia Goforth Subject: Proposed Ordinance Amendment David, I have attached proposed language providing Code amendments related to the Community Redevelopment Fund and its governing body in regards to meetings. The Code for City Council and its authority over Regular Meetings are governed by similar and consistent language to hold and or cancel a meeting. I would like to please add this to the Agenda for the next meeting. We can also discuss this tomorrow. Thank you, Wes Morrison City Council Member w.morrison@cityofcapecanaveral.org 321-593-2335 cell 321-868-1248 fax 105 Polk Avenue. P.O. Box 326 Cape Canaveral. FL 32920 www.cityofcapecanaveral.org Attachment 2 ARTICLE IV. - COMMUNITY REDEVELOPMENT Sec. 22-50. - Redevelopment trust fund. In accordance with the provisions of the Community Redevelopment Act of 1969, Part III of Chapter 163, Florida Statutes ("the Act"), there is hereby created a community redevelopment trust fund ("fund"), which fund shall be utilized and expended for the purposes of and in accordance with the Cape Canaveral Community Redevelopment Plan ("plan"), including any amendments or modifications thereto approved pursuant to applicable law and pursuant to the county's delegation of authority set forth in Brevard County Resolution No. 2012-174, as may be amended. (a) The funds to be allocated to and deposited into the fund shall be used to finance community redevelopment within the community redevelopment area ("area") according to tax increment revenues attributed to the community redevelopment area, which shall be appropriated by the Cape Canaveral Community Redevelopment Agency ("agency"). The agency shall utilize the funds and revenues paid into and earned by the fund for community redevelopment purposes as provided in the plan and as permitted by law. The fund shall exist for the duration of the community redevelopment undertaken by the agency pursuant to the plan to the extent permitted by the Act. Funds shall be held in the fund by the City of Cape Canaveral and on behalf of the agency, and disbursed from the fund as provided by the agency. (b) There shall be paid into the fund each year by all taxing authorities within the area, the incremental increase in ad valorem taxes levied each year by those taxing authorities, as calculated in accordance with this section and F.S. § 163.387, based upon the 2012 tax year as set forth herein. (c) The most recent assessment roll used in connection with the taxation of property prior to the effective date of this section shall be the preliminary assessment roll of taxable real property in Brevard County, Florida, prepared by the Property Appraiser of Brevard County, Florida, and filed with the department of revenue pursuant to F.S. § 193.1142, reflecting valuation of real property for purposes of ad valorem taxation as of January 1, 2012 ("base year value"), and all deposits into the fund shall be in the amount of tax increment calculated as provided herein based upon increases in valuation of taxable real property from the base year value. (d) All taxing authorities, except as otherwise exempt by law, shall annually appropriate to and cause to be deposited in the fund the tax increment determined pursuant to the Act and this section at the beginning of each fiscal year thereof as provided in the Act. The obligation of each taxing authority to annually appropriate the tax increment for deposit in the fund shall commence immediately upon the effective date of this section and continue to the extent permitted by the Act so long as any indebtedness pledging "increment revenue" have been paid. (e) The tax increment shall be determined and appropriated annually by each taxing authority required to pay monies to the fund, and shall be an amount equal to 95 percent of the difference between: (1) That amount of ad valorem taxes levied each year by each taxing authority, exclusive of any debt service millage, on taxable real property contained within the geographic boundaries of the community redevelopment area; and (2) That amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the community redevelopment area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority, prior to the effective date of this section. (f) The funds shall be established and maintained as a separate trust fund by the agency so that the fund may be promptly and effectively administered and utilized by the agency expeditiously and without undue delay for its statutory purpose pursuant to the plan. (g) The governing body of the agency shall be the trustees of the fund and shall be responsible for the receipt, custody, disbursement, accountability, management, investments and proper application of all monies paid into the fund. (h) The governing body of the agency shall hold quarterly meetings which specific dates and times shall be adopted by resolution. When the day for any meeting falls upon a day designated by law as a legal national holiday, such meeting will not be held. Meetings may be otherwise postponed, canceled or rescheduled by consensus of the governing body. All meetings shall be held in the place as designated by a majority of the governing body in open session. (Ord. No. 23-2012, § 2, 12-18-12) Attachment 3 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida September 17, 2013 4:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:30 P.M. ROLL CALL: Board Members Present: John Bond, Bob Hoog, Buzz Petsos, Rocky Randels and Betty Walsh. Others Present: CRA Director David L. Greene, CRA Attorney Anthony Garganese, CRA Clerk Angela Apperson, Community & Economic Development Director Todd Morley, Planning & Zoning Director Barry Brown and Finance Director John DeLeo. AUDIENCE TO BE HEARD: None. NEW BUSINESS: 1. Approval of minutes of meeting of November 13, 2012: Chairman Randels explained the events of the prior meeting. Motion by Vice-Chairperson Walsh, seconded by Board Member Bond, to approve the minutes of the November 13, 2012 Meeting. The motion carried unanimously. 2. Resolution No. 2013-18; a Joint Resolution of the City Council of the City of Cape Canaveral, Florida, and the Cape Canaveral Community Redevelopment Agency ("Agency"); providing for the approval of an Interlocal Agreement authorizing a loan from the City to the Cape Canaveral Community Redevelopment Agency, in an amount not to exceed $100,000.00, for purposes of initially funding the Cape Canaveral Community Redevelopment Agencv so it can commence redevelopment activities within the Redevelopment Area and reimburse the City for certain start-up expenses incurred by the City to establish and create the Agency; providing for the incorporation of the terms and conditions of the Interlocal Agreement into the Redevelopment Plan of the Cape Canaveral Community Redevelopment Agency; providing for the repeal of prior inconsistent resolutions, no conflicts; severability, and an effective date: Chairman Randels read the Resolution title into the record and provided a brief explanation of same. CRA Director Greene provided further explanation of the loan details. Vice- Chairperson Walsh asked if Staff time could be charged to the CRA, to which Director Greene replied in the affirmative and provided explanation of a proposed cost sharing between the City and the CRA for a Branding initiative. Motion by Vice-Chairperson Walsh, seconded by Board Member Hoog, to approve Resolution No. 2013-18. City of Cape Canaveral, Florida Community Redevelopment Agency Board Meeting September 17, 2013 Page 2 of 2 The motion carried unanimously. Chairman Randels thanked Director Greene for the information in the agenda packet. 3. Resolution No. 2013-19; amending the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan to modify the boundaries of the Redevelopment Area, adopting a revised Boundary Map and Legal Description, attached hereto as Exhibit "A"; and incorporating said Map into the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan; providing for the repeal of prior inconsistent resolutions, severability, and an effective date: Chairman Randels read the Resolution title into the record. Director Greene explained the need for the boundary change to correct minor inconsistencies relating to properties which were inadvertently split. Director Greene advocated for an affirmative recommendation for same. Discussion ensued and included whether the properties were provided with an opportunity to opt in/out of the CRA boundary. Motion by Board Member Petsos, seconded by Vice-Chairperson Walsh, for approval of Resolution No. 2013-19. The motion carried unanimously. 4. Approve CRA Budget for FY 2013/2014: Chairman Randels provided an explanation of the Budget. Discussion ensued and included the CRA Grant process, that a mortgage would be recorded on properties receiving grants, how a foreclosure action would be dealt with and the fact that repayment was only required if the improvements were not maintained as outlined in the grant documents. Motion by Chairman Randels, seconded by Vice-Chairperson Walsh, to approve the Budget. The motion carried unanimously. 5. Establishinq CRA Meeting Schedule and financial reporting requirements: Chairman Randels reviewed the required financial meetings and the proposed schedule of meetings on the third Tuesday of March, June, September and December. It was noted if no business needed to be conducted, the meeting would not take place. Motion by Board Member Petsos, seconded by Board Member Hoog, for approval of item five. The motion carried unanimously. OPEN DISCUSSION: None REPORTS: None ADJOURNMENT: Motion by Vice-Chairperson Walsh, seconded by Board Member Hoog, to adjourn the meeting at 4:56 p.m. The motion carried unanimously. Rocky Randels, Chairman Angela M. Apperson, MMC CRA Recording Secretary COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida August 19, 2014 4:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:31 P.M. ROLL CALL: Board Members Present: John Bond, Bob Hoog, Buzz Petsos, Rocky Randels and Betty Walsh. Others Present: CRA Director David L. Greene, CRA Attorney Anthony Garganese, Community & Economic Development Director Todd Morley, Planning & Zoning Director David Dickey and Finance Director John DeLeo, Recording Secretary Mia Goforth. AUDIENCE TO BE HEARD: Eric Braga, resident of Cape Shores, spoke on behalf of citizens' concern and opposition to the proposed Cumberland Farms development project. He requested explanation of the process of the proposed development from the Community Redevelopment Agency (CRA) Board. CRA Attorney Anthony Garganese explained that each Member of the CRA Board also serves on the City Council and advised the CRA Board not to address the request in this capacity. Discussion ensued and included how this particular property is not part of the CRA District and how any discussion surrounding it would take place at the Community Appearance Board, the Board of Adjustment, the Planning and Zoning Board and City Council; and how this meeting of the CRA Board plays no role in the Cumberland Farms project. NEW BUSINESS: 1. Approve Minutes for Regular Community Redevelopment Agency Board Meeting of September 17, 2013: Chairman Randels explained the events of the prior meeting. Motion by Board Member Petsos, seconded by Vice-Chairperson Walsh, to approve the minutes of the September 17, 2013 Meeting. The motion carried unanimously. 2. Approve Llection of Officers and Organizational Structure Policy of the Communitu Redevelopment Agency (CRA) Board: Chairman Randels explained the agenda item and noted the Board Policy indicates the Chairperson will be the same as the Mayor of the City Council; Vice-Chairperson will be the same as the Mayor Pro Tem of the City Council; CRA Director and Registered Agent will be the same as the City Manager and CRA Clerk (Recording Secretary)will be the same as the person assigned the duties of City Clerk. Motion by Board Member Bond,. seconded by Board Member Hoog, to approve Election of Officers and Organizational Structure Policy of the Community Redevelopment Agency (CRA) Board. The motion carried unanimously. 3. Ratify RFP # 2014-01 Consulting Services for the City of Cage Canaveral/City of Cape Canaveral Community Redevelopment Agency Branding Initiative Award to Prismatic and approve an expenditure of CRA funds in an amount of 50 percent of the contract cost, or $15,000.00: Chairman Randels explained the agenda item. Discussion ensued and included the need for one motion; the timeframe to complete the process is approximately six months; this begins a public participation/stakeholder process similar to the Visioning project. Motion was made by Board Member Petsos, seconded by Board Member Bond for approval. Discussion City of Cape Canaveral, Florida Community Redevelopment Agency Board Meeting August 19, 2014 Page 2of2 ensued and included the re-branding of KSC Federal Credit Union and copyright indemnification. CRA Attorney Garganese stated a revision to the contract could be made to expressly require indemnity for copyright violations. Discussion continued regarding copyright language from the RFP and how the CRA Attorney could insert it into the contract. Board Members reached consensus to amend the motion. The motion carried unanimously, as amended, to include the contract revision. 4. Resolution No. CRA-01; adopting a budget for the Cape Canaveral Community Redevelopment Agency for Fiscal Year 2014-15' providing for the repeal of prior inconsistent resolutions; providing for severability; providing for an effective date: CRA Attorney Garganese read the Resolution title into the record. Chairman Randels explained the item and its benefits to the area. Motion by Vice-Chairperson Walsh, seconded by Beard Member Petsos, to approve the Budget. Discussion ensued and included explanation of the CRA purpose; amenities, the Budget for 14115 FY, and the connection to the City Visioning; funds from impact fee dollars for the North Atlantic Avenue Improvements; way-finding; grants for facade improvements and to create a quality image for Cape Canaveral; and Ridgewood Avenue improvements. The motion carried unanimously. 5. Approve FY 2014/15 CRA Meeting Schedule and Financial Reporting Requirements: Chairman Randels stated the proposed schedule of meetings is on the third Tuesday of March, June, September and December. It was noted that if no business needs to be conducted, the meeting would not take place. Motion by Board Member Petsos, seconded by Board Member Hoog, for approval of item five. The motion carried unanimously. OPEN DISCUSSION: None REPORTS: None ADJOURNMENT: Motion by Board Member Hoog, seconded by Vice-Chairperson Walsh, to adjourn the meeting at 5:05 p.m. The motion carried unanimously. Rocky Randels, Chairman Mia Goforth, Deputy City Clerk Recording Secretary [CITY SEAL] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/17/2018 Item No. 7 Subject:Policy discussion related to City Code of Ordinances Sec.2-64—Call to order;quorum; roll call. Department: City Clerk's Office Summary: In an email dated April 4, 2018 (Attachment 1), Council Member Wes Morrison requested Council consider an ordinance that amends Sec. 2-64 of the City Code of Ordinances, adding a moment of silence and the Pledge of Allegiance (Pledge) after roll call for all public meetings. Public records for all City ordinances going back to 1963 contain no Codes regarding invocation, moment of silence or the Pledge for any official City Council or Board meeting. In addition, based on official City Council Meeting Minutes prior to December 1982, there is no recorded tradition of conducting an invocation, moment of silence or the Pledge. Beginning December 1982 and ending in March 1988, as recorded in the official Minutes, an invocation and the Pledge were included after the call to order for Regular City Council Meetings. Subsequently it appears the invocation was dropped and the Pledge was kept after Regular City Council Meetings were called to order. To this day, the City Council tradition is to lead the Pledge of Allegiance after the call of order and before roll call at all Regular and some other public meetings. The City Clerk's Office finds no tradition of conducting an invocation, moment of silence or the Pledge of Allegiance at Volunteer Advisory Board Meetings. Below is City Code Sec. 2764 with an example of proposed language underlined: Sec. 2-64.—Call to order; quorum; roll call:, moment of silence, Pledge of Allegiance. (a) The presiding officer of the city council shall take the chair at the hour appointed for the meeting and shall immediately call the council to order. In the absence of the mayor and the mayor pro tem, any councilmember may call the meeting to order at the appointed hour. (b) In a regular or special meeting before proceeding with the business of the council, the city clerk or his designee shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes. (c) If a quorum of three is not present at the roll call, no further business shall be transacted and a recess shall be automatic for a period of 30 minutes or until a quorum is in attendance, whichever shall first occur. If a quorum is not in attendance at the end of the 30-minute recess, the meeting shall be automatically adjourned. (d) In the absence of the mayor and the mayor pro tem and a quorum is present, the first order of business shall be the election of a temporary presiding officer. Upon arrival of the mayor or mayor pro tem,the temporary presiding officer shall relinquish the chair upon the conclusion of the business immediately before the council. (e) Immediately after roll is called, the presiding officer shall call for a moment of silence and then the Pledge of Allegiance directly thereafter. (Code 1981, § 271.13; Ord.No. 04-2002, § 6, 3-19-02) Attachment 2 is a related Florida Today article from December 11, 2017, for informational purposes only. Submitting Department Director: Mia Goforth Date: 4-9-18 City Council Meeting Date: 4/17/2018 Item No. 7 Page 2 of 2 Attachments: 1 —Email dated April 4, 2018 from Council Member Wes Morrison 2 — Florida Today Article dated December 11, 2017, "Open prayer dropped from county commission meetings after court ruling" Financial Impact: Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/9/18 The City Manager recommends that City Council to take the following action: Provide Staff with policy direction regarding proposed Code revision related to City Code of Ordinances Sec. 2-64—Call to order; quorum; roll call. Approved by City Manager: David L. Greene Date: 4/9/18 ATTACHMENT 1 From: Wes Morrison Sent: Wednesday,April 4, 2018 9:34 PM To: David Greene Cc: Daniel LeFever, Mia Goforth Subject: Invocation-Moment of Silence Hi David, I would like to propose an ordinance for this April Regular City Council meeting Agenda to amend Section 2-64 of the Code and or other sections. I would like the Council to consider adding in a Moment of Silence and Pledge of Allegiance after the Roll Call for all Public Meetings. Link: https://Iibrary.municode.com/fl/cape_canaveral/codes/code_of_ordinances?nodeld=SPAGEOR_CH2AD_ ARTIICICO_DIV3ME_52-64CAORQUROCA Thank you, Wes Morrison City Council Member w.morrison@cityofcapecanaveral.org 321-593-2335 cell 321-868-1248 fax 105 Polk Avenue. P.O.Box 326 Cape Canaveral,FL 32920 www.cityofcapecanaveral.org Launch your connection... Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i ATTACHMENT 2 Opening prayer dropped from county commission meetings after court ruling Dave Berman,FLORIDA TODAY Published 2:56 p.m.ET Dec.11,2017 I Updated 5:04 a.m.ET Dec 12,2017 Brevard County commissioners have dropped religious invocations from the start of their meeting agendas after a federal judge issued an injunction banning the county from continuing its long-standing practice. U.S.District Judge John Antoon II said the county's invocation system violates both the U.S.Constitution and the Florida Constitution. As a result,county commissioners last week began asking for a moment of silence at the start of their (Photo:TIM SHORTT/FLORIDA meetings,in lieu of an invocation by a clergyman. TODAY) More: Federal fudge says Brevard not allowing atheists to give invocations is unconstitutional (/story/news/2017/10/02/court-rules-favor-atheists-brevard-county-must-allow-give-invocations/722353001/) More: Political Spin:Jesus takes the wheel in County Commission debate(/story/news/local/2017/11/10/political-spin-iesus-takes-wheel-county- commission-debate/852498001/) Three organizations and five individuals sued the county over the invocation practice in 2015 after the County Commission declined to allow atheists, agnostics and other"non-theists"to be part of the invocation rotation.The lawsuit was filed in Orlando Division of U.S. District Court for the Middle District of Florida. The plaintiffs that filed the lawsuit included the Central Florida Freethought Community,the Humanist Community of the Space Coast and the Space Coast Freethought Association,as well as five individual members of one or more of those organizations. On Sept.30,Antoon issued a order in favor of those suing the county.And on Nov.29,Antoon issued a five-page final judgment that included a permanent injunction"prohibiting the county from continuing the unconstitutional invocation practices.The county may not require theistic content in opening invocations." Antoon also ordered the county to pay the plaintiffs a total of$60,000 in compensatory damages. County commissioners voted unanimously last week to appeal the decision. They also heeded the advice of County Attorney Scott Knox to halt the invocation practice—at least for the time being. "We had a judge enter an order against the county,enjoining the holding of invocations in the manner that were being done before,"Knox told commissioners."You've authorized an appeal.Pending that appeal,we feel it's appropriate that we do the moment of silence,in lieu of an invocation, instead of trying to come up with a new policy on that.Just wait till the appellate court rules on the existing policy." Brevard County Commission Chair Rita Pritchett said she believes the judge's ruling"takes away the freedom of speech of the Christian community.I think there is a big attack on Christianity."(Photo:TIM SHORTT/FLORIDA TODAY) https://www.floridatoday.com/story/news/local/2017/12/11/opening-prayer-dropped-county-commission-... 4/6/2018 Prayer dropped from Brevard County Commission meetings The invocation issue"is a hot topic in the churches right now,"said County Commission Chair Rita Pritchett,who also is financial administrator for New Life Christian Fellowship in Titusville. Pritchett said she views the ruling"takes away the freedom of speech of the Christian community.I think there is a big attack on Christianity.I believe that's where we are as a society." Before the invocations were stopped,the county commissioners,on a rotating basis,secured members of the clergy to deliver the invocations before County Commission meetings.When a Christian clergyperson gave the invocation,it often contained a reference to Jesus or other Christian beliefs. Clergy from non-Christian religions also occasionally gave invocations. Since he took office a year ago,Commissioner John Tobia has not participated in selecting the clergyperson for the invocations,leaving that to the other four commissioners. "Out of an abundance of caution,knowing that this issue was being reviewed by the court, I abstained from choosing groups to give invocations until such time as there was a resolution,"Tobia said. He said,though,that he does support pursuing an appeal of Antoon's ruling. "Our county attorney,Scott Knox,believes the county's invocation policy is lawful,"Tobia said."I trust in his judgment.As the county is insured for this action,there will be no additional fiscal impact on county funds." In his final judgment,Antoon wrote:"The court hereby issues a declaratory judgment that the county's policy and practice of selecting opening invocation speakers violates the establishment,free exercise,free speech and equal protection clauses of the U.S.Constitution,and the establishment and equal protection clauses of the Florida Constitution because it discriminates against non-theists(atheists,agnostics,humanists and others who do not believe in God)." Antoon said"the county's assertion that a pre-meeting solemnizing invocation necessarily requires that a'higher power'be invoked is an overly narrow view of an invocation.The county limits the prayer opportunity to those it deems capable of doing so—based on the beliefs of the would-be prayer-giver. In doing so,the county discriminates among invocation speakers on the basis of viewpoint. Knox said it could be several months before an appeal is heard. Berman is government editor at FLORIDA TODAY. Contact Berman at 321-242-3649 or dberman@floridatoday.com. Twitter. @bydaveberman(http://twitter.com/bydaveberman) Facebook:/dave.berman.54(http://facebook.com/dave.berman.54) Read or Share this story:http://on.flatoday.com/2jytZmE https://www.floridatoday.com/story/news/local/2017/12/11/opening-prayer-dropped-county-commission-... 4/6/2018