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HomeMy WebLinkAbout09-18-2018 Agenda Packet CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA September 18, 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. PRESENTATIONS/INTERVIEWS: 6:15 p.m. 6:20 p.m. Presentation of Proclamation declaring October as National Long-Term Care Residents' Rights Month to Robert K. Cochrane,East Central District Manager for the Florida Ombudsman Program. CONSENT AGENDA: 6:20 p.m. 6:25 p.m. 1. Approve Minutes for August 21, 2018 City Council Budget Workshop and Regular Meeting. 2. Resolution No. 2018-12; reappointing a Member to the Code Enforcement Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Charles L. Hartley) 3. Resolution No. 2018-13; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 4. Resolution No. 2018-14; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Resolution No. 2018-16; a joint Resolution of the City Council of the City of Cape Canaveral, Florida ("City"), and the Cape Canaveral Community Redevelopment Agency ("Agency"); recognizing a Joint Public Partnership Between the City and the Agency related to the pending redevelopment activities associated with the redevelopment of City of Cape Canaveral,Florida City Council Meeting September 18, 2018 Page 2 of 2 Canaveral City Park including the construction of a new Multigenerational Center and the Cape Canaveral Cultural Arts Preservation Enrichment (CAPE) Center (collectively referred to as "redevelopment activities"); providing for a financial contribution from the Agency to assist in funding the redevelopment activities; providing for the approval of an Interlocal Agreement memorializing the terms and conditions of the Agency's commitment to assist in funding the Redevelopment Activities in an annual amount equal to the annual principal and interest payment paid by the City on the bank loan with Whitney Bank(d/b/a Hancock Bank) which was authorized by the City Council under Ordinance No. 07-2017 and Resolution No. 2017-10 in an amount equal to $6.2 million, for the express purposes stated in the Loan Agreement of the redevelopment of Canaveral City Park including the construction of a new Multigenerational Center, the Cape Canaveral Cultural Arts Preservation Enrichment (CAPE) Center and related capital improvements located within the Redevelopment Area; providing for the repeal of prior inconsistent resolutions, no conflicts; severability and an effective date. (See Attached Memo) PUBLIC HEARINGS: 6:25 p.m. 6:40 p.m. 6. Ordinance No. 07-2018; providing for an additional homestead exemption for limited income persons 65 and older who qualify for the exemption in accordance with law; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, reporting the Ordinance to the Brevard County Property Appraiser, severability and an effective date, second reading. 7. a. Resolution No. 2018-15; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2018/2019 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. b. Ordinance No. 08-2018; adopting the Annual General Fund,Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; providing for an effective date, second reading. REPORTS: 6:40 p.m. 6:50 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 x207 or x206) 48 hours in advance of the meeting. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/18/2018 PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation declaring October as "National Long-Term Care Residents' Rights Month"to Robert K. Cochrane, East Central District Manager for the Florida Ombudsman Program. Department: Legislative Summary: The City was contacted in August by the Florida Ombudsman Program,requesting a Proclamation declaring the month of October as"National Long-Term Care Residents' Rights Month." In the United States,there are 1.6 million individuals living in 16,000 nursing homes and another million living in 50,000 board and care/assisted living facilities. The federal Nursing Home Reform Act of 1987 guarantees residents their individual rights in order to promote and maintain their dignity and autonomy, and residents should be aware of their rights so they may be empowered to live with dignity and self-determination. Individuals and groups across the country will be celebrating Residents' Rights Month with the theme "Speak Up: Know Your Rights and How to Use Them", to emphasize the importance of residents being informed about their rights, being engaged partners in achieving quality care and quality of life and feeling confident in speaking up about what is important to them. The Florida Ombudsman Program is a state-wide, volunteer-based system of local units that act as advocates for residents of long-term care facilities. Present tonight is Robert K. Cochrane, District Ombudsman Manager for the East-Central counties of Florida,which encompasses four counties including Brevard. Representatives and volunteers in his district visit over 460 assisted living and adult family care home facilities on a quarterly basis. Submitting Council Member: Mayor Hoog Date: 9/11/18 Attachment: Proclamation Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/4/18 The City Manager recommends that City Council take the following action: Present Proclamation declaring October as "National Long-Term Care Residents' Rights Month" to Robert K. Cochrane, East Central District Manager for the Florida Ombudsman Program. Approved by City Manager: David L. Greene Date: 9/5/18 [CITY SEAL] OFFICIAL PROCLAMATION CITY OF CAPE CANAVERAL, FLORIDA WHEREAS, there are more than 1.6 million individuals living in 16,000 nursing homes and 1 million individuals living in 50,000 board and care/assisted living facilities in the U.S., and WHEREAS, the federal Nursing Home Reform Act of 1987. guarantees residents their individual rights in order to promote and maintain their dignity and autonomy, and WHEREAS, all residents should be aware of their rights so they may be empowered to live with dignity and self-determination,.and WHEREAS, wewish to honor and celebrate these citizens, to recognize their rich individuality, and to reaffiriir their right to vote and participate politically, including the right to have a say in their care, and WHEREAS, individuals and groups across the country will be celebrating Residents'Rights Month with the theme-"Speak Up:Know Your Rights and How to Use Them"- to emphasize the importance of residents being informed about their rights; being engaged partners in achieving quality care and quality of life; and feeling confident in speaking up about what is important to them. NOW, THEREFORE, I, Robert Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim October 2018 as NATIONAL LONG-TERM CARE RESIDENTS' RIGHTS MONTH in the City of Cape Canaveral and encourage all citizens to join me in these important.observances. Signed and Sealed this [blank] Day of [blank] [blank] Mayor Item No. 1 CAPE CANAVERAL CITY COUNCIL BUDGET WORKSHOP MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral,Florida TUESDAY August 21,2018 4:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:00 PM Mayor Pro Tem Brown 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 Manager David L. Greene City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Community Engagement/Deputy Public Works Services Director Joshua Surprenant Culture& Leisure Services Director Gustavo Vergara Capital Projects Director Jeff Ratliff Economic Development Director Todd Morley Public Works Services Director Debra Holliday Financial Services Deputy Director Melinda Huser Human Resources/Risk Management Director Jane Ross Deputy City Clerk Daniel LeFever Brevard County Sheriff's Office Lieutenant Ross Torquato Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham PUBLIC PARTICIPATION: Ray Osborne, 209 Holman Road, referred to an email he sent the Mayor in 2015 inquiring how the City was going to adapt to climate change, if there will be any budget appropriations for studies and whether there is a sustainability plan that can be viewed by the citizens. City Manager Greene reported on City accomplishments related to sustainability including the recent agreement with the Florida Department of Environmental Protection to receive grant funds of$67,000 for participation in a resiliency planning effort with the East Central Florida Regional Planning Council; solar lighting on Ridgewood Avenue,N. Atlantic Avenue and Columbia Drive; LED lighting used in other areas of the City; installation of electric vehicle charging stations throughout the City for public use; the City owns an electric car and will be replacing City vehicles with electric or hybrids in the future; silver ratings for both City Hall and City of Cape Canaveral, Florida City Council Budget Workshop Meeting August 21, 2018 Page 2 of 2 Fire Station in the LEED certification system;the Coastal Element of the Comprehensive Plan has been updated; the City's work with the FEMA Flood Insurance Program and low ISO Ratings for fire at two (2) and flood insurance at three (3) and how the City is well ahead on stormwater with the improvements made and Indian River Lagoon funds used to the extent that projects qualify. Community Development Director Dickey stated a large component of the resiliency plan involves public engagement and there will be ample opportunities for the public to participate in the process as a community driven issue and confirmed the modification to the Comprehensive Plan triggered by the Vulnerability Study, which is in the beginning stages. Mr. Dickey stated he would contact Mr. Osborne. City Manager Greene advised Mr. Osborne and others should monitor the City website and weekly updates for participation opportunities. DISCUSSION: 1. Proposed Fiscal Year 2018/2019 Budget and Five (5) Year Capital Improvement Plan: Discussion ensued and included the City Hall project, future projects and funding, Code Enforcement staffing levels, current enforcement process and issues, adopting the latest International Property Maintenance Code, the option to use a special magistrate to streamline processes,business tax receipts and property owners, blighted properties, creation of a list of case numbers and dates to update the community online, earmarking money for Indian River Lagoon in the Capital Improvement Projects Master Plan,property owners and City easements,stormwater filtration, misuse of the term "slush fund", the definition and the apology for using the term by Council Member Morrison, City projects related to the Lagoon, including exfiltration, the Long Point Road Project with no cost to the City, the St. John's River Water Management District and scientific research, the benefit of touring Public Works Services facilities, advice to bring ideas and requests to the City Manager or Directors, the Proposed Budget and Five (5) Year Capital Improvement Plan policies and procedures related to operation, maintenance and administrative costs and estimation of constructions projects such as City Hall, Fire Station and Multi- Generational Facility and possible City Code change to better reflect financial policies and procedures. Pennie Zuercher, 8657 Villanova Drive, explained how all government agencies are required, according to the Governmental Accounting Standards Board and State law, to account for capital funds separate from operating funds. She suggested allowing a section in the Budget for a forecast of what operating costs will be going forward, warned against mixing the two funds to avoid receiving an audit finding on the Budget and Ms. Zuercher offered to meet with Council Member Morrison to review the requirements. Discussion continued regarding the frequency of Council meetings, the need for more appropriate language directed at Staff, the purpose and function of the audit with regard to the budget, policy, operations and controls, contingencies, revenues, expenditures, budget transfers and adjustments and how Council is notified. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:50 PM. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY August 21,2018 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:01 PM. Council Member Morrison 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 Manager David L. Greene City Attorney Anthony Garganese City Clerk Mia Goforth Community Development Director David Dickey Community Engagement/Deputy Public Works Services Director Joshua Surprenant Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Culture& Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Public Works Services Director Debra Holliday Cultural Programs Manager Molly Thomas Financial Services Deputy Director Melinda Huser Deputy City Clerk Daniel LeFever Brevard County Sheriff's Office Lieutenant Ross Torquato Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham PUBLIC PARTICIPATION: Gioia Massa, 226 Long Point Road, shared opinions and ideas regarding impacts of development in the area to greenspaces and wildlife, expressed concern over the Long Point Road project and urged Council to consider all. Mayor Hoog thanked Ms. Massa. Attorney Scott Knox, representing Daniel Corporation, stated he was present to answer any questions regarding Consent Agenda Item #6. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation welcoming and recognizing the 2018 International Youth Exchange Program students and chaperones from Kimotsuki, Japan: Mayor Hoog read and presented the City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2018 Page 2 of 4 Proclamation to the group, the students read a letter from the Mayor of Kimotsuki, Japan and presented a gift tea set from their town to the City. Mayor Hoog thanked everyone. Institute for Elected Municipal Officials (IEMO) Certificates of Completion to Council Members Wes Morrison and Angela Raymond: Mayor Hoog presented Certificates and congratulated Council Members Morrison and Raymond for completing the training. Interview Applicant for appointment to the Planning and Zoning Board. (Pennie Zuercher): City Attorney Garganese confirmed with Ms. Zuercher the information on her application was true and correct. Ms. Zuercher provided reasons for her desire to serve, her appreciation of the City and detailed relevant background information and experience. Council thanked her for volunteering. CONSENT AGENDA: Mayor Hoog inquired if any items needed to be removed for discussion. Council Member Morrison removed Item No. 4. 1. Approve Minutes for July 17, 2018 City Council Budget Workshop and Regular Meetings. 2. Resolution No. 2018-10; appointing a Member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Pennie Zuercher) 3. Approve Task Order No. 1 from Tetra Tech in the amount of$65,000 for performance of a Process Evaluation of the Wastewater Treatment Plant to comply with Consent Order OGC File No. 18-0916 from Florida Department of Environmental Protection and authorize City Manager to execute same. 4. Approve a Participation Agreement with 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 same. 5. Approve Initial Contract for Work Squad Contract #W1140 between Florida Department of Corrections and the City of Cape Canaveral in the amount of$57,497.00 and authorize City Manager to execute same. 6. Approve Security Agreement between the City and Daniel Corporation for the provision of sanitary sewer service for a 150 room hotel and other commercial development and authorize City Manager to finalize Agreement for Mayor's execution. A motion was made by Council Member Randels, seconded by Council Member Morrison, to approve Item Nos. 1 through 6, excluding 4. The motion carried 5-0. #4 Discussion ensued and included whether the Item should be approved at this time, Long Point Road property owner concerns, making the river more accessible, history of the property going back to eligibility for a grant in 2007, mosquito control plan, desire to make a decision and move forward on the issue, portions of the project plan not supported, the need to bring property back to the habitable sanctuary it was before invasion of Brazilian pepper trees, and possibly waiting another thirty days before making a decision. Joe Abreu, 225 Long Point Road, expressed City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2018 Page 3 of 4 concerns including wanting to see how the River Gardens community decides on the same issue. City Manager Greene affirmed a possible River Gardens Homeowners Association vote in favor of allowing the City to obtain ownership of the additional property but not guaranteed. Simone Caroti, 226 Long Point Road, shared opinions including removal of Brazilian pepper trees being a temporary solution which could cause further damage. A motion was made by Council Member Randels, seconded by Council Member Raymond, for approval of Item No. 4. The motion carried 4-1,with Council Member Morrison voting against. PUBLIC HEARING: 7. Ordinance No. 07-2018; providing for an additional homestead exemption for limited income persons 65 and older who qualify for the exemption in accordance with law;providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, reporting the Ordinance to the Brevard County Property Appraiser, severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included the small impact to the City due to the number of people who will qualify, the exemption may help individuals who need help paying for medications and the amount of revenue the City would lose in property tax revenue. A motion was made by Council Member Randels,seconded by Council Member Raymond,for approval of Ordinance No. 07-2018 at the first reading. Public Hearing was opened. Patrick Campbell, 307 Surf Drive, requested the definition of permanent residence be entered into the record as it pertains to the Ordinance. City Attorney Garganese stated it would be the same definition that would qualify a person to get a normal homestead exemption and would need to live in the house to establish legal residence. The Public Hearing was closed. Discussion continued regarding the possibility of increasing the exemption to $50,000, and the reasoning behind Staff recommendation to wait and see what the voters do with regard to two Florida State Constitutional Amendments causing a new calculation of the City revenue and Council to revisit the issue. The motion carried 5-0. ITEM FOR ACTION: 8. City Council selection of the 2018 Space Coast League of Cities Advocacy Team member: Mayor Hoog opened the floor for Council to choose the Advocacy Team Member. Discussion ensued. A motion was made by Mayor Hoog, seconded by Council Member Raymond, requesting Council Member Randels accept the nomination. Mayor Hoog explained his reason for the nomination. Council Member Randels indicated he was honored and would serve. Discussion ensued regarding how the position holds a lot of responsibility, the City legislative consultant Jerry Sansom, qualifications required to serve on the Team and Council Member Randels' experience. The motion carried 5-0. REPORTS: Council Member Raymond attended the Space Coast League of Cities Board of Directors and General Meetings where speaker Dr. Duane Defreese, Indian River Lagoon Council Executive Director, talked about the Lagoon and speaker Bart Gaetj ens from Florida Power and Light provided an update; attended the Florida League of Cities Annual Conference, themed 50th Anniversary of Home Rule and read a limerick in honor of Mayor Pro Tem Brown. City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2018 Page 4 of 4 Council Member Randels attended a four-hour ethics training session hosted by the City of Satellite Beach and Attorney Cliff Shepherd and mentioned possible grant funds coming from Volkswagen through the Florida East Coast Regional Planning Council could go towards City resiliency efforts. Council Member Morrison attended the Florida League of Cities Annual Conference and commented how well organized and worthy the event is; attended the Space Coast League of Cities Meeting where information was shared by Florida Power and Light regarding hurricane preparedness and disaster recovery, reminded everyone the Recreation Center is a new location for one of two City polling places and congratulated Community Engagement Director Surprenant on receiving the Brevard County Executive Leadership Institute Certification. Mayor Pro Tem Brown stated one of the great parts of being an elected official is we can shake hands and agree that we can disagree. He thanked constituents, Staff and Council. Mayor Hoog attended the Florida League of Cities Annual Conference and remarked how the experience can be overwhelming but is worthwhile. Clarification to the Correction to Resolution 2018-06 approved in the July 17, 2018 Council Meeting. (See attached Memo): City Manager Greene explained the Item sent to Council via email memorandum involving the establishment of the millage rate, correcting a scrivener's error in the Resolution that should have been above roll-back, how the roll-back rate was changed for the City by the State and County and the City will proceed with the Budget.A motion was made by Council Member Randels,seconded by Council Member Raymond,for the correction as written in the August 14, 2018 Memorandum from the City Manager. The motion carried 5-0. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:37 PM. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/18/2018 Item No. 2 Subject: Resolution No. 2018-12; reappointing a Member to the Code Enforcement Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Charles L. Hartley) Department: Legislative Summary: Board Member.Charles L. Hartley has served on the Code Enforcement Board (CEB) since May 17, 2016 and his term will expire October 1, 2018. Mr. Hartley expressed a desire to continue serving on the CEB for an additional three-year term (Attachment 1). Resolution No. 2018-12 (Attachment 2) reappoints Mr. Hartley to an additional term on the CEB,to end October 1, 2021. Following completion of this additional term,this Board Member may be eligible for reappointment to the CEB for an additional term, if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in §2-171(f), City Code. It is now incumbent upon Council to reappoint Mr. Hartley to the CEB. Submitting Department Director: Mia Goforth Date: 9/5/18 Attachments: (1) Expiration Notice (2) Resolution No. 2018-12 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/4/18 The City Manager recommends that City Council take the following action. Adopt Resolution No. 2018-12. Approved by City Manager: David L. Greene Date: 9/15/18 [City Seal] City of Cape Canaveral Attachment 1 August 17, 2018 Charles L. Hartley 399 Holman Road Cape Canaveral, FL 32920 Dear Mr. Hartley: Your term on the Code Enforcement Board will expire on October 1, 2018. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3-year term, sign below and return this Notice to the City Clerk using the enclosed stamped,self-addressed envelope, or by emailing a signed, scanned copy to m.goforth@a,cityofcapecanaveral.org. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for September 18, 2018 (your presence at which is not required). [checkmark] I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) CHARLES L. HARTLEY , Board Member Sincerely, Mia Goforth, City Clerk End: SASE THE SPACE BETWEEN 100 Polk Avenue—P.O. Box 326 • Cape Canaveral, FL 32920 (321) 868-1220 • Fax (321) 868-1248 Visit us at www.cityofcapecanaveral.org • info@cityofcapecanaveral.org • #TheSpaceBetween Attachment 2 RESOLUTION NO. 2018-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §2-256 established a Board known as the Code Enforcement Board; and WHEREAS,it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Members to the Code Enforcement Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment to the Code Enforcement Board. Pursuant to §2-171(e) of the Cape Canaveral City Code,the City Council of the City of Cape Canaveral hereby reappoints the following individual to the Code Enforcement Board: Charles L. Hartley shall be reappointed to the Code Enforcement Board, to serve until October 1, 2021. Following completion of this term, this appointee may be eligible for reappointment to the Code Enforcement Board for an additional term, if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in §2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Adoption and Signature Page follows] City of Cape Canaveral Resolution No.2018-12 Page 1 of 2 Attachment 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 18th day of September, 2018. Bob Hoog,Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC, Bob Hoog City Clerk Wes Morrison Rocky Randels Angela Raymond Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2018-12 Page 2 of 2 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/18/2018 Item No. 3 Subject: Resolution No. 2018-13; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. Departments: City Clerk's Office & Administrative/Financial Services Summary: The City and the Brevard County Sheriff's Office (BCSO) entered into an Agreement on October 1, 2017 for BCSO to provide Municipal Law Enforcement Services to the City. The City of Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff of Brevard County,Florida, shall renegotiate the Agreement price each year for the term of the Agreement. The City Council annually considers/approves a resolution authorizing an addendum to the original Agreement; now in the second year of a five-year term ending September 30, 2022. Under the Addendum put forth, the parties agree the compensation to be paid by the CITY to BCSO for FY 2018/2019 shall be the sum of $2,724,244. The Addendum includes the staffing level increase as discussed in depth at the first Budget Workshop and is included in the proposed 2018/2019 Fiscal Year Budget. Payment shall be made to BCSO by the CITY in twelve equal monthly installments of$227,020.33 payable on or before the first day of each month. This represents the total contract price of $2,852,244 minus $128,000 credit for services provided to Avon-by-the Sea for a net pay cost of $2,724,244 2018/2019. Submitting Department Directors: Mia Goforth & John DeLeo Date: 9/6/18 Attachment: Resolution No. 2018-13 with Addendum. Financial Impact: As reflected in the City's 2018/2019 Proposed Annual Budget and in the addendum to the BCSO Agreement, the compensation to be paid by the City to BCSO shall be $2,852,244 less $128,000 credit for Avon-by-the-Sea for a net cost of $2,724,244 for FY 2018/2019. Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/6/18 The City Manager recommends that City Council take he following action: Adopt Resolution No. 2018-13. Approved by City Manager: David L. Greene Date: 9/6/18 RESOLUTION NO. 2018-13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Agreement contains a five (5) year term commencing on October 1, 2017 and ending September 30, 2022, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS: SECTION 1. Recitals.The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to execute an addendum for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2018 through September 30, 2019. A copy of said addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions.All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 18th day of September, 2018. [Signature Page Follows] City of Cape Canaveral Resolution No.2018-13 Page 1 of 2 Bob Hoog, Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC Bob Hoog City Clerk Wes Morrison Rocky Randels Angela Raymond Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2018-13 Page 2 of 2 Resolution No. 2018-13 Attachment ADDENDUM CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT THIS ADDENDUM is entered into this day of September, 2018, by and between the CITY OF CAPE CANAVERAL,FLORIDA,(hereinafter"City"),and WAYNE IVEY,IN HIS CAPACITY AS THE SHERIFF OF BREVARD COUNTY, FLORIDA, a county constitutional officer and a county charter officer, (hereinafter called the "Sheriff' or"BCSO"). WHEREAS, the Sheriff currently provides for municipal law enforcement services to the City and its citizens pursuant to that certain Cape Canaveral Law Enforcement Agreement approved by the parties and memorialized in writing by City Resolution No. 2017-20, as may be amended from time to time, (hereinafter"Agreement"); and WHEREAS, the Agreement contains a five (5) year term commencing October 1, 2017 and ending September 30, 2022, and provides the City and the Sheriff shall renegotiate the compensation to be paid by the City to BCSO each year for the term of the contract; and WHEREAS, the Agreement requires that written agreement as to the compensation paid by the CITY to BSCO for each year be in force by October 1st of the affected year, or the fee will be equal to that of the previous year, plus 4% for operational increases subject to adjustment by mutual agreement after the commencement of the Fiscal Year and after the City approves a budget; and WHEREAS, in accordance with the Agreement, the parties desire to establish the compensation to be paid by the City to BCSO for Fiscal Year 2018/2019 in accordance with the City's annual budget process; and WHEREAS,the parties desire to amend the Agreement for purposes of adopting the base contract price for the City's Fiscal Year 2018/2019; and NOW THEREFORE,in consideration of mutual promises,and other lawful consideration,which the parties hereby acknowledge is sufficient and received,the City and the BCSO agree as follows: 1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by this reference. 2.0 Pursuant to Article VII of the Agreement, the compensation to be paid by the CITY to BCSO for Fiscal Year 2018/2019 shall be the sum of$2,742,244. Payment shall be made to BCSO by the City in twelve equal monthly installments of $227,020.33 payable on or before the first day of each month. 3.0 The Agreement is hereby ratified and shall remain in full force and effect provided, however, the terms and conditions of the Agreement which are modified by this Addendum are repealed and superseded by the provisions set forth herein. On a periodic basis the parties agree to cooperate and meet to discuss updates and revisions. 11Page Resolution No. 2018-13 Attachment 4.0 The undersigned signatories hereby represent for their respective entities that they are duly authorized to execute this Addendum on behalf of their respective entity. Further, upon execution of this Addendum,the Addendum shall be deemed a binding obligation on the respective entity on whose behalf they have executed the Addendum. IN WITNESS WHEREOF,the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: BCSO: CITY OF CAPE CANAVERAL, SHERIFF OF BREVARD COUNTY, FLORIDA FLORIDA BOB HOOG, Mayor WAYNE IVEY, Sheriff Date: September 18, 2018 Date: , 2018 ATTEST: Mia Goforth, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: Anthony A. Garganese, City Attorney Date: September 18, 2018 21Page [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/18/2018 Item No. 4 Subject: Resolution No. 2018-14; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: City Clerk's Office &Administrative/Financial Services Summary: The City of Cape Canaveral Volunteer Fire Department, Inc. (CCVFD), d/b/a Canaveral Fire Rescue(CFR),entered into a Contract on September 25, 2007 for CCVFD (CFR) to provide Fire Protection and Emergency Medical Services to the City. The City Council annually considers/approves a resolution authorizing an Addendum to the original Contract, which extends through September 30, 2034. Under the Addendum put forth, the parties agree as follows: 1. The City and CCVFD (CFR) entered into a Contract for Services dated September 25, 2007 which expires September 30, 2034; 2. The Contract provides that the City and CCVFD (CFR) shall renegotiate the base contract each year after the first year; 3. The parties have agreed to a base annual Contract price for FY 2018/19 of$1,788,000 payable at $149,000 monthly. The total operating costs for services is $1,960,735. The total Operating and Capital budget for the fiscal year is $2,077,985. Submitting Department Directors: Mia Goforth & John DeLeo Date: 9/6/18 Attachment: Resolution No. 2018-14 with Addendum Financial Impact: As put forth in the City's 2018/2019 Proposed Annual Budget and reflected in the 2018/2019 Contract Addendum, the City agrees to pay CCVFD (CFR) the base annual Contract price of$1,788,000 payable in monthly installments of$149,000; Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/6/18 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2018-14. Approved by City Manager: David L. Greene Date: 9/6/18 RESOLUTION NO. 2018-14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL,FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and Resolution No. 2015-05 was adopted on May 19,2015 for the purposes of modifying the term for Services to expire on September 30, 2034; and WHEREAS, said Contract provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract each year after the first contract year. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department,Inc.to provide for a base contract price for the contract year October 1,2018 through September 30, 2019. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date.This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 18th day of September, 2018. [Signature Page Follows] City of Cape Canaveral Resolution No.2018-14 Page 1 of 2 Bob Hoog,Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC, Bob Hoog City Clerk Wes Morrison Rocky Randels Angela Raymond Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2018-14 Page 2 of 2 Resolution No. 2018-14 —Attachment ADDENDUM THIS ADDENDUM is entered into this day of September, 2018 by and between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Florida corporation, hereinafter called the"Corporation." WHEREAS, the City and the Corporation have entered into that certain Contract for Services dated September 25,2007 ("Contract"),which Contract is for a term of twenty-seven(27) years; and WHEREAS, said Contract requires the City and the Corporation to re-negotiate the base contract price for each year of the Contract after the first year; and WHEREAS,the parties have agreed to a revised Contract price for the period October 1, 2018 through September 30,2019. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. 2. Price Revision. Paragraph 13 of the Contract is amended to read as follows: "The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $1,788,000. The compensation provided for herein shall be paid monthly in the sum of $149,000 per month commencing on the first day of October 2018 and continuing on the first day of each month thereafter. The parties shall renegotiate the base contract price for each successive year of this contract annually." 4. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal corporation,by its duly authorized officer,has executed this instrument this 18th day of September, 2018. CITY OF CAPE CANAVERAL,FLORIDA ATTEST: a Municipal Corporation By: Mia Goforth, CMC Bob Hoog, MAYOR CITY CLERK (Corporate Seal) Resolution No. 2018-14 —Attachment Cape Canaveral Volunteer Fire Department Addendum to Contract 2018/2019 Page 2 of 2 IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit corporation, by its authorized officers,has executed this instrument this day of September, 2018. CAPE CANAVERAL VOLUNTEER FIRE ATTEST: DEPARTMENT,INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Corporation Secretary By: (Corporate Seal) Dave Sargeant, FIRE CHIEF Item No. 5 Memo TO: Honorable Mayor and City Council VIA: David L. Greene, City Manager FROM: David Dickey,Community Development Director DATE: September 11,2018 RE: Joint Resolution No. 2018-16 Joint Resolution No. 2018-16 authorizes a$6.2 million/10-yr. loan from the City to the CRA Fund. The agenda item will include an interlocal agreement,revenue note and an amortization schedule. The purpose of the loan is to: • Fund the redevelopment of the Canaveral City Park ($5.0 million) to include a 20,000 square foot Multi-Generational Facility that will house a youth center, Police Athletic League programs and various activities/community-oriented events; and • Fund the redevelopment of the Old City Hall Building into the CAPE Center($1.2 million) for a location to promote art and the City's history. It would include outdoor displays and activities such as the Framer's Market, art classes, murals, and mid-century modern architecture tying into the era when the City was incorporated. The agenda item was not complete as of the agenda distribution. Once it has been reviewed and approved,it will be distributed to Council members. It is anticipated that the item will be forwarded to you by close of business tomorrow,Wednesday, September 12,2018. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/18/2018 Item No. 6 Subject: Ordinance No. 07-2018; providing for an additional homestead exemption for limited income persons 65 and older who qualify for the exemption in accordance with law; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, reporting the Ordinance to the Brevard County Property Appraiser, severability and an effective date, second reading. Department: Financial Services Summary: The 1999 Florida Legislature enacted Chapter 99-341 implementing a 1998 revision of the Florida State Constitution, allowing municipalities and counties to grant an additional homestead exemption approved by voters up to $50,000 (Senior Homestead Exemption), for permanent resident owners of real estate who reached the age of 65 and whose annual household income does not exceed a specified amount. It includes a provision that the household income limit would increase annually by the Consumer Price Index for all Urban Consumers (CPI-U). The City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law. Section 6(d),Article VII,of the State Constitution authorizes the State Legislature to enact a general law allowing local governments, for the purpose of their respective tax levies,to grant an additional homestead exemption to persons aged 65 or older. The State Legislature has enacted Section 196.075, Florida Statutes, implementing Section 6(d), Article VII of the State Constitution, pursuant to which local governments have been expressly granted the taxing authority to adopt an ordinance to allow an additional homestead exemption for persons who are age 65 or older and meet other statutory and ordinance eligibility requirements. An ordinance is required and must be delivered to the property appraiser who implements the application and qualification process by December 1, 2018 for the exemption to take effect in 2019. The governing law is stated in section 196.075(2), Florida Statutes, which states, [in accordance with s. 6(d), Art. VII of the State Constitution], the board of county commissioners of any county or the governing authority of any municipality may adopt an ordinance to allow either or both of the following additional homestead exemptions: (a) Up to $50,000 for a person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65, and whose household income does not exceed $20,000. (b) The amount of the assessed value of the property for a person who has the legal or equitable title to real estate with a just value less than $250,000, as determined in the first tax year that the owner applies and is eligible for the exemption, and who has maintained thereon the permanent residence of the owner for at least 25 years, who has attained age 65, and whose household income does not exceed the income limitation prescribed in paragraph (a), as calculated in subsection(3). There are two different eligibility criteria for 65 years of age and over exemptions. The first one is up to 50k at the discretion of the Council. The second, states in subsection (3) beginning January 1, 2001, the $20k income qualification is being adjusted over the years to reflect the City Council Meeting Date: 9/18/2018 Item No. 6 Page 2 of 2 CPI-U. The current maximum income level is $29,454. If a person met the second criteria, the person would pay no City ad valorem taxes because the entire assessed value of the property would be exempt from ad valorem taxes. Staff recommends City Council approve an additional $25,000 Homestead Exemption for individuals that meet all eligibility requirements to include a person who has the legal or equitable title to real estate with a just value less than $250,000 and a current maximum income level of$29,454. City Council approved Ordinance No. 07-2018 on first reading at its August 21, 2018 Meeting. The Notice of Public Hearing was placed for advertisement in Florida Today on September 6, 2018 and the Ordinance is presented for second reading and final adoption. Submitting Department Director: John DeLeo Date: 9/10/18 Attachment: Ordinance No. 07-2018 Financial Impact: Advertisement, codification, loss of Ad Valorem revenue of approximately $2,800 per year and Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/7/18 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 07-2018 on second reading. Approved by City Manager: David L. Greene Date: 9/7/18 1 ORDINANCE NO. 07-2018 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 5 PROVIDING FOR AN ADDITIONAL HOMESTEAD 6 EXEMPTION FOR LIMITED INCOME PERSONS 65 AND 7 OLDER WHO QUALIFY FOR THE EXEMPTION IN 8 ACCORDANCE WITH LAW; PROVIDING FOR THE 9 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 10 RESOLUTIONS, INCORPORATION INTO THE CODE, 11 REPORTING THE ORDINANCE TO THE BREVARD 12 COUNTY PROPERTY APPRAISER, SEVERABILITY AND 13 AN EFFECTIVE DATE. 14 15 WHEREAS,the City is granted the authority,under Section 2(b), Article VIII, of the State 16 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 17 law; and 18 19 WHEREAS, Section 6(d), Article VII, of the State Constitution authorizes the State 20 Legislature to enact a general law allowing local governments, for the purpose of their respective 21 tax levies,to grant an additional homestead exemption to persons aged 65 or older; and 22 23 WHEREAS, the State Legislature has enacted Section 196.075, Florida Statutes, 24 implementing Section 6(d), Article VII of the State Constitution, pursuant to which local 25 governments have been expressly granted the taxing authority to adopt an ordinance to allow an 26 additional homestead exemption for persons who are age 65 or older and meet other statutory and 27 ordinance eligibility requirements; and 28 29 WHEREAS, the City desires to adopt an additional homestead exemption for limited 30 income older citizens as provided in Section 196.075, Florida Statutes; and 31 32 WHEREAS, the City Council finds that granting an additional exemption for limited 33 income older citizens who are age 65 or older assists those older citizens who often struggle to 34 maintain financial independence in the face of rising healthcare and other living expenses; and 35 36 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 37 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape 38 Canaveral. 39 40 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 41 OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS: 42 43 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 44 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 45 Canaveral. 46 47 Section 2. Code Amendment. Chapter 70 of the Code of Ordinances, City of Cape 48 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and 49 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance City of Cape Canaveral Ordinance No.07-2018 Page 1 of 4 1 of text existing in Chapter 70. It is intended that the text in Chapter 70 denoted by the asterisks 2 and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption 3 of this Ordinance: 4 5 CHAPTER 70—TAXATION 6 7 ARTICLE I.—IN GENERAL 8 9 Secs. 70 1 70 25. Reserved. 10 11 Sec. 70-1. —Additional homestead exemption for persons 65 and older. 12 13 (a) Definitions. Unless otherwise provided under section 196.075, Florida Statutes, the 14 following terms or words shall be defined as follows: 15 16 (1) "Household" means a person or group of persons living together in a room or group of 17 rooms as a housing unit, but the term does not include persons boarding in or renting a portion of 18 the dwelling. 19 20 (2) "Household Income" means the adjusted gross income, as defined in s. 62 of the United 21 States Internal Revenue Code, of all members of a household. 22 23 (b) Additional Homestead Exemption. In accordance with section 6(d), Article VII of the 24 Florida Constitution and section 196.075,Florida Statutes, any person 65 years of age or over who 25 has legal or equitable title to real estate located with the City, maintains thereon his/her permanent 26 residence which qualifies for and receives a homestead exemption pursuant to section 6(a),Article 27 VII of the Florida Constitution and whose household income does not exceed the greater of 28 $20,000 or the income limitation amount as adjusted pursuant to section 196.075(3), Florida 29 Statutes (The adjusted gross income at the time this additional exemption was adopted by 30 Ordinance No. 07-2018 for the year 2018 cannot exceed $29,454) shall be entitled to make 31 application for a homestead exemption of$25,000. The exemption,if granted, shall be applicable 32 to all ad valorem tax millage rates levied by the City and shall apply only to ad valorem taxes 33 levied by the City. 34 35 (c) Application Process. Every person claiming an exemption pursuant to this section must 36 file an application and supporting documentation with the Brevard County Property Appraiser not 37 later than March 1 of each year for which the exemption is claimed, unless otherwise provided by 38 law. The application shall include a sworn statement of household income for all members of the 39 household and shall be filed on a form prescribed by the Florida Department of Revenue. By 40 June 1 of each year every applicant must file supporting documentation with the property 41 appraiser, unless otherwise provided by law. The documentation shall include copies of all 42 federal income tax returns,wage and earnings statements (W-2 forms), any requests for extension 43 of time to file a return and any other documentation as required by the property appraiser including 44 documentation necessary to verify the income received by all of the members of the household for 45 the prior year. 46 47 (d) Failure to File. Failure to file the application and the sworn statement by March 1 of 48 any given year, as required by law, or failure to file the required supporting documentation by June 49 1 of any given year,shall constitute a waiver of the exemption privilege provided under this section City of Cape Canaveral Ordinance No.07-2018 Page 2 of 4 1 for that year. 2 3 (e) Availability. The exemption provided under this section shall be available to qualified 4 persons commencing with the tax roll in year 2019,and the property appraiser may begin accepting 5 applications and sworn statements for the tax roll in year 2019 as soon as appropriate forms are 6 prepared and made available by the property appraiser. 7 8 Secs. 70-2-70-25.–Reserved. 9 10 11 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 12 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 13 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 14 15 Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Cape 16 Canaveral City Code and any section or paragraph, number or letter and any heading may be 17 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 18 like errors may be corrected and additions, alterations and omissions,not affecting the construction 19 or meaning of this Ordinance and the City Code may be freely made if approved by the City 20 Attorney and City Manager, without need of public hearing, by filing a corrected or re-codified 21 copy of the same with the City Clerk. 22 23 Section 5. Reporting to the Property Appraiser. Pursuant to section 196.075(6), 24 Florida Statutes, the City Clerk shall promptly deliver a certified copy of this Ordinance to the 25 Brevard County Property Appraiser no later than December 1, 2018, and if the Ordinance is 26 repealed, the City Clerk shall notify the Brevard County Property Appraiser no later than 27 December 1, of the year prior to the year the exemption expires. 28 29 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 30 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 31 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall 32 be deemed a separate, distinct and independent provision, and such holding shall not affect the 33 validity of the remaining portions of this Ordinance. 34 35 Section 7. Effective Date. This Ordinance shall become effective immediately upon 36 adoption by the City Council of the City of Cape Canaveral, Florida. 37 38 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of 39 September, 2018. 40 41 42 [SIGNATURE PAGE FOLLOWS] 43 City of Cape Canaveral Ordinance No.07-2018 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 Reading: August 21, 2018 13 Advertisement: September 6, 2018 Rocky Randels 14 Second Reading: September 18, 2018 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.07-2018 Page 4 of 4 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/18/2018 Item No. 7a Subject: Resolution No. 2018-15; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2018/2019 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. Department: Financial Services Summary: Adopt a Final Millage Rate of 3.8288 mills for Fiscal Year 2018/19. This represents a rate below the rolled-back rate. The Millage includes two segments: General Government Millage 3.7700 mills Library Dependent Special District 0.0588 mills These rates are identified in the Fiscal Year 2018/19 Proposed Budget. Per"Truth in Millage Compliance",the Ad Valorem Tax rates can be lowered from the proposed rate; however, no tax rate can be increased. The City Council adopted Resolution No. 2018-06—Tentative Proposed Millage Rate of 3.8500 on July 17, 2018 and Resolution No. 2018-11 —Tentative Millage Rate of 3.8288 on September 4, 2018. Resolution No. 2018-15 (attached) is the final approval establishing the Millage Rae for Fiscal Year 2018/2019. Submitting Department Director: John DeLeo Date: 9/7/18 Attachment: Resolution No. 2018-15. Financial Impact: The adopted Final Millage Rate of 3.8288 provides a property tax revenue stream of$4,460,477. These revenues are represented in the Proposed Fiscal Year 2018/2019 Budget at a 95% receipt rate and allow for a balanced budget. Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/7/18 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2018-15. Approved by City Manager: David L. Greene Date: 9/7/18 RESOLUTION NO.2018-15 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2018/2019 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS,Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget,but prior to adoption thereof, each taxing authority shall compute a final millage rate necessary to fund the final budget other than the portion of the budget to be funded from sources other than Ad Valorem Taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.8288 mills on the dollar of taxable value for the 2018/2019 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents a rate below the previous year's rate and a .15% decrease below the roll-back rate of 3.8344 mills. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 3.7700 mills for General Government Millage. This final Ad Valorem Tax shall be levied upon the 2018 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2018 and ending September 30, 2019. City of Cape Canaveral,Florida Resolution No.2018-15 Page 1 of 2 Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 0.0588 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This final Ad Valorem Tax shall be levied upon the 2018 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2018 and ending September 30, 2019. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 18th day of September 2018. Bob Hoog,Mayor ATTEST: Name For Against Mia Goforth, CMC, Mike Brown City Clerk Bob Hoog Wes Morrison Rocky Randels Angela Raymond Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral,Florida Resolution No.2018-15 Page 2 of 2 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/18/2018 Item No. 7b Subject: Ordinance No. 08-2018; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; providing for an effective date, second reading. Department: Financial Services Summary: City Council completed two workshops pertaining to the development of the Budget for Fiscal Year 2018/19. The Budget reflects Council direction from those meetings and revised revenue/spending estimates. The Budget for the Fiscal Year 2018/2019 totals $36,218,193. This represents a 55.5% increase from the Fiscal Year 2017/2018 Budget. City Council approved Ordinance No. 08-2018 on first reading at its September 4, 2018 Meeting. The Notice of Hearing was place for advertisement in Florida Today on eptember 13, 2018 and the Ordinance is presented for second reading and final adoption. Submitting Department Director: John DeLeo Date: 9/7/18 Attachment: Ordinance No. 08-2018 with Attachment #1 — Fiscal Year 2018/2019 Budget Summary Financial Impact: This is a balanced Budget based upon a 3.8288 Ad Valorem Millage Rate. Cost of advertisement and Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/6/18 The City Manager recommends that City Council to the following action. Adopt Ordinance No. 08-2018, second reading. Approved by City Manager: David L. Greene Date: 9/7/18 ORDINANCE NO. 08-2018 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, WASTEWATER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, ENTERPRISE CAPITAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECT FUNDS, AND AGENCY FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018, AND ENDING SEPTEMBER 30,2019;PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund,Enterprise Capital Fund,Special Revenue Funds,Capital Project Funds and Agency Fund Budgets which are attached hereto in Attachment #1 by reference made a part hereof, of the City of Cape Canaveral, Florida for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of September 2018. Bob Hoog,Mayor ATTEST: Name For Against Mia Goforth, CMC, Mike Brown City Clerk Bob Hoog Wes Morrison Approved as to Form: Rocky Randels Angela Raymond Anthony A. Garganese, City Attorney First Reading: 9/04/2018 Legal Ad Published: 9/13/2018 Second Reading: 9/18/2018 City of Cape Canaveral,Florida Ordinance No.08-2018 Page 1 of 1 Ordinance No. 08-2018 Attachment#1 City of Cape Canaveral Fiscal Year 2018/2019 Budget Summary Revenues Expenditures General Fund: $ 17,461,458 $ 17,461,458 Enterprise Funds: Wastewater Enterprise Fund 7,756,157 7,756,157 Stormwater Enterprise Fund 1,016,640 1,016,640 Enterprise Capital Fund 4,294,200 4,294,200 Capital Project Funds: Capital Construction Fund - - North Atlantic Ave. Improvement Fund - - Special Revenue Funds: Police Education Fund 1,184 1,184 Aerial Fire Protection Fund 144 144 School Crossing Guard Fund 2,385 2,385 Library Fund 73,550 73,550 CC Community Redevelopment Agency Fund 5,604,257 5,604,257 Agency Fund: Law Enforcement Trust Fund 8,218 8,218 Total Fiscal Year 2018/2019 Budget $ 36,218,193 $ 36,218,193