HomeMy WebLinkAbout11-20-2018 Agenda Packet CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
November 20, 2018
6:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
OATH OF OFFICE:
Robert E. Hoog—Mayor
SELECTION OF MAYOR PRO TEM:
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:
6:25 p.m. 6:30 p.m.
Interview Applicant for appointment to the Culture and Leisure Services Board. (Barbara A.
McPeek)
CONSENT AGENDA:
6:30 p.m. 6:35 p.m.
1. Approve Minutes for October 2, 2018 Special and October 16, 2018 Regular City Council
Meetings.
2. Resolution No. 2018-18; appointing a member to the Culture and Leisure Services Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Barbara A. McPeek)
3. Resolution No. 2018-19; reappointing a member to the Business and Economic
Development Board of the City of Cape Canaveral; providing for the repeal of prior
inconsistent resolutions, severability and a retroactive effective date. (Ron Foleno)
City of Cape Canaveral,Florida
City Council Meeting
November 20, 2018
Page 2 of 2
4. Approve the Proposed 2019 City Council Regular and Tentative Budget Meeting Schedule.
5. Reappoint Council Member Rocky Randels as the Voting Delegate to the Space Coast
Transportation Planning Organization (SCTPO) Governing Board, representing the North
Beaches Coalition (NBC) of Cape Canaveral and Cocoa Beach; reappoint Economic
Development Director Todd Morley as Technical Advisory Committee (TAC) Member;
and appoint City resident Arlyn DeBlauw as Citizens' Advisory Committee (CAC)
Member.
PUBLIC HEARING:
6:35 p.m. 6:40 p.m.
6. Ordinance No. 10-2018; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise
Capital Fund Budgets for the Fiscal Year beginning October 1, 2017, and ending
September 30, 2018; providing for the repeal of prior inconsistent ordinances and
resolutions and an effective date, second reading.
REPORTS:
6:40 p.m. 6:45 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
OATH OF OFFICE
I, Robert E. Hoog do solemnly swear that I will support, protect and
defend the Constitution of the United States of America and of the State
of Florida and the Charter and Ordinances of the City of Cape Canaveral,
Florida; and that I am entitled to hold office in the City of Cape Canaveral,
Florida; and that I will faithfully assume and perform all of the duties, for
which I have been commissioned and invested, of the Office of Mayor
and City Council of the City of Cape Canaveral. So help me God.
Robert E. Hoog
ATTEST:
Mia Goforth, CMC
CITY CLERK
Oath administered by:
Anthony A. Garganese
CITY ATTORNEY
on this 20th day of November 2018
Certificate of Election
State Florida [City Seal] City of Cape Canaveral
This is to Certify That:
ROBERT E. HOOG
having been duly elected to the Office of Mayor on the 6th day of November 2018
A.D., in and for the City of Cape Canaveral, in the County of Brevard and State of
Florida, to have and to hold said Office for a term of Three (3) Years, from the
election in November 2018 to the election in November 2021, is hereby
commissioned and invested with the authority to assume and perform all duties of
the Office of Mayor and City Council according to the Law and the Ordinances of
the City of Cape Canaveral.
F.S. 102.155 Certificate of election. — The supervisor shall give to any person the
election of whom is certified by the county canvassing board a certificate of the
person's election. The Department of State shall give to any person the election of
whom is certified by the state canvassing board a certificate of the person's election.
The certificate of election which is issued to any person shall be prima facie evidence
of the election of such person.
In Testimony Whereof this Certificate
is signed by the Clerk of the City of Cape
Canaveral, Florida, and the Corporate
Seal thereof affixed this day of
November A.D., 2018.
Mia Goforth, CMC
City Clerk
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/20/2018
PRESENTATIONS/INTERVIEWS
Subject: Interview Applicant for appointment to the Culture and Leisure Services Board.
(Barbara A. McPeek)
Department: Culture and Leisure Services
Summary: Three members of the City's Culture and Leisure Services (CLS) Board had their
terms end on October 1,2018 and are not eligible for reappointment per City Code of Ordinances
Section 2-171(f).
On September 27, 2018, the CLS Board interviewed and recommended Barbara A. McPeek to
fill one of the vacancies on the Board.
Ms. McPeek is a resident of Cape Canaveral and meets all of the eligibility criteria established
in City Code. Her professional background/experience is relevant to CLS Board duties and
based on her interview/interest in the City of Cape Canaveral CLS Board, the Board
recommends she be appointed by the City Council (Attachment 2).
Submitting Department Director: Gustavo Vergara Date: 11/8/18
Attachments:
1 —Board Application
2—CLS Board Recommendation Memo
Financial Impact: Staff time and effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 11/6/18
The City Manager recommends that City Council take the following action:
Interview Applicant Barbara A. McPeek.
Approved by City Manager: David L. Greene Date: 11/7/18
Attachment 1
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name: Barbara Ann McPeek
2. Home Address: 8500 Ridgewood Ave #106 C.C. FL 32920
3. Home and Cellular Telepho e: 321-784-0986
4. Occupation: N/A
5. Business Telephone:
6. Business Address:
7. E-Mail: bamcpeek@gmail.com
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to serve
on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) ✓ (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) ✓ (N)
3a. Are you a Business owner: (Y) (N) ✓
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction?Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N) ✓
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N) ✓
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) ✓ (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) ✓
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
To expand the visability of Cape Canaveral I have served on the board of Canaveral Sands and have served as a director of Space Coast Pride
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. 7 Board of Adjustment*
b. 3 Business and Economic Development Board
c. 8 Code Enforcement Board*
d. 2 Community Appearance Board
e. 4 Construction Board of Adjustment and Appeals*
f. 1 Culture and Leisure Services Board
g. 5 Library Board
h. 6 Planning and Zoning Board*
i. Other:
*Members of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State
disclosing race, gender, and physical disabilities of board and committee members. Please check the
appropriate boxes:
Page 2 of 3
RACE GENDER
African-American Male
Asian-American ✓ Female
Hispanic-American Not Known
Native-American
✓ Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY
ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 221.
Signature: Barbara McPeek
Date: 9/14/18
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received: 9/17/18 DL
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Attachment 2
7300 North Atlantic Ave.
P.O. Box 326 CITY OF CAPE CANAVERAL
Cape Canaveral, FL 32920 Culture&Leisure Services
321-868-1220
Memo
TO: Cape Canaveral City Council
VIA: David L. Greene,City Manager
FROM: Gustavo Vergara, Culture&Leisure Services Director
DATE: 11/5/2018
RE: Recommendation to the City Council—Culture and Leisure Services Board Ms.
Barbara A.McPeek
At the September 27, 2018 Culture and Leisure Services Board meeting, the Board interviewed five
(5) applicants to fill three vacancies starting October 1,2018. Based on her interview and experience,
the Board recommended one of the vacancies be filled by Ms. Barbara A.McPeek.
Please let me know if you have any questions. Thank you.
Item No. 1
CAPE CANAVERAL SPECIAL CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral,Florida
TUESDAY
October 2,2018
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM and 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
Administrative/Financial Services Director John DeLeo
Community Development Director David Dickey
Building Official Michael German
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Economic Development Director Todd Morley
Deputy City Clerk Daniel LeFever
Brevard County Sheriff's Office Commander Linda Moros (arrived 6:10
PM)
Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham
City Engineer John Pekar
PUBLIC PARTICIPATION: None.
PUBLIC HEARING:
1. In accordance with Sec. 110-33 of City Code, consider an appeal filed by Mr. Bernard
Lennon (owner of 126 Oak Lane) contesting the decision of the Board of Adjustment to approve
Variance Application No. 16-02, which granted Sheropa, LLC. a four (4) foot side yard setback
variance from the adjacent eastern residential lot line for property located at 127 Oak Lane: Mayor
Hoog announced the purpose of the Special City Council Meeting. City Attorney Garganese
summarized the Appeal, stated the Variance Application is being presented de novo or anew and
will be heard based upon relevant facts and evidence presented at the hearing, advised on
City of Cape Canaveral, Florida
City Council Special Meeting
October 2, 2018
Page 2 of 4
quasi-judicial hearing procedure, proceeded to request each Council Member answer disclosure
requirement questions regarding voting conflicts of interests, financial interests in the outcome of
the Variance Application and if any Council Member had participated in ex parte communications
regarding the Variance Application. Council Members each responded in a manner allowing the
body to proceed. Mayor Hoog disclosed he had received correspondence via Certified Mail from
the Appellant which he delivered to the City Clerk's Office, confirmed he had no contact with the
Appellant regarding the Application. City Staff and audience members, wishing to testify and
present evidence at the hearing, stood and were sworn in by City Attorney Garganese. Community
Development Director David Dickey made a presentation to Council.
Alicia Spring, 122 Oak Lane, introduced herself as representing Appellant Bernard Lennon, and
presented testimony and evidence. Discussion ensued and included conflicting property surveys,
setbacks, City right-of-way markers on the road and property in question and variance expiration
period. City Attorney Garganese explained the expiration period under City Code Section 110-32,
Expiration of variance, was stayed pursuant to basic rules of appellate procedure because the
Variance Application approved by the Board of Adjustment was timely appealed to the City
Council by the Appellant and City Council now has final decision-making authority on the
Application being considered at the hearing. Further, City Attorney Garganese noted the certificate
of occupancy process for 127 Oak Lane was administratively stayed by City Staff due to the
Appeal filed by the Appellant and a separate lawsuit filed against Sheropa, LLC by another
property owner, Cypress Holdings LLC, who previously owned 123 Oak Lane. Discussion
continued regarding the Application and also included other properties and owners on Oak Lane,
meeting cancellations due to competing requests for hearings, difficulty in obtaining quorums
during November and December, possible hardships related to the Variance request, concerns
regarding improvements to Oak Lane and due process rights of all parties expressing interests in
the Application and Oak Lane. Regarding the boundaries of Oak Lane, City Manager Greene
announced Campbell Surveying had been employed by the City to identify the location of the
boundary lines of the road and prepare a road survey. City Manager Greene also offered the
opportunity for Oak Lane property owners to obtain a copy of the road survey and meet with Staff
to discuss the road survey when it is completed. Discussion ensued.
Attorney Philip Tatich, representative for Applicant Sheropa, LLC, requested to review the
evidence submitted to City Council by the Appellant's representative. Discussion ensued and
included a survey completed by Geodata Consultants, Inc. on behalf of Cypress Holdings, LLC,
questions regarding variance criteria and the consequences of an arbitrary Council decision.
Attorney Tatich presented testimony. Discussion ensued and included the relevancy of several
competing and other surveys, a fence permit on an adjacent property and how survey issues being
raised and discussed were not included as a basis of the Appeal. Mayor Hoog reminded Council
the issue to be decided by City Council was limited to ruling on whether to grant or deny the
Applicant's request for a four-foot variance related to the adjacent eastern residential lot line for
property located at 127 Oak Lane.
The Public Hearing was opened. Patrick Campbell, 307 Surf Drive, inquired and made comments
regarding his general interests in common with the overall community regarding the variance
process and the Application being considered at the hearing. City Attorney Garganese confirmed
City of Cape Canaveral, Florida
City Council Special Meeting
October 2, 2018
Page 3 of 4
with Mr. Campbell that his interests in the Hearing Item were not directly related to the Appeal
and he had no evidence to submit to City Council. Mr. Campbell was not sworn in as a witness for
purposes of presenting evidence. Mayor Hoog closed the Public Hearing.
Council discussion ensued and included the date on page two of the Agenda Packet, referencing
the survey submitted by Walker Surveying should be July 9, 2015,the fence approved by the City
on the adjacent property, City building permit procedure and on how to rule on the Hearing Item.
Building Official Michael German was sworn in and testified the City relies on certified surveys
submitted by property owners for building permits and it becomes a civil matter when conflicting
surveys are submitted to the City. City Attorney Garganese made a point of order seeking
clarification that, although there is discussion ensuing at the hearing regarding an apparent fence
permit issued by the City,there is nothing in the City Council record regarding a fence permit nor
did he recall anyone submitting documents for this hearing regarding an apparent fence permit and
survey. Community Development Director Dickey confirmed no fence survey or permit evidence
had been submitted into the report by Staff or by the Appellant. Mayor Hoog called on Attorney
Tatich who commented the issues raised regarding permits and fences are not based on factual
evidence related to the four-foot Variance and not mentioned in the Appeal filed by the Appellant.
Mayor Hoog reiterated that City Council's function at this hearing is to consider the Appeal,
testimony and evidence presented and either deny or approve the Variance Application for a four
(4)foot side yard setback variance from the adjacent eastern residential lot line for property located
at 127 Oak Lane that was granted by the Board of Adjustment.
City Council then permitted closing comments by the Appellant, Sheropa, LLC and City Staff.
Ms. Spring requested clarification on whether surveys mattered. Council discussion ensued and
included the Variance granted by the Board of Adjustment, actions that can be taken by property
owners to clarify boundaries through judicial action, denying the Variance would result in no
Certificate of Occupancy being issued and property owners have been waiting for approximately
two years. City Attorney Garganese advised this is a de novo Hearing and the Council has final
decision making authority to either approve the Variance as requested or reject it. A motion was
made by Council Member Randels, seconded by Council Member Morrison to deny the
Variance Application.Discussion ensued and included reasons for and consequences of rejecting
the Variance and a pending lawsuit between the owners of 123 and 127 Oak Lane regarding their
common side yard boundary line. City Attorney Garganese advised Council may consider a
continuance of the Variance Hearing until the lawsuit filed on behalf of Sheropa, LLC is resolved,
clarified this Variance Application request is only related to the location of the house from the
common boundary line of the property and by law will not change the common boundary line nor
allow any encroachments into the other property and if the boundary line is less than eight feet
from the house constructed on Sheropa, LLC's property, a Variance is required because the City
Code requires an 8 foot side yard setback. Discussion ensued and included the revised Walker
Survey and Reihl Reliable Survey showing the same call relative to the legal description affecting
the common boundary line between 127 and 123 Oak Lane. Further, based on these surveys,
discussion ensued that the proposed Variance does not take away property from anyone and is a
matter of how close the house on 127 Oak Lane is to the common boundary line that has been
agreed upon by the surveyors. Discussion occurred, and it was noted the revised Walker Survey
depicts the house at 127 Oak Lane 4 feet from the common boundary and the Reihl Reliable Survey
City of Cape Canaveral, Florida
City Council Special Meeting
October 2, 2018
Page 4 of 4
depicted the house 3.5 feet from the common boundary. Attorney Tatich explained the Hearing
Item, stated the record of the Board of Adjustment Meeting will show that adjoining property
owner Turner did not object to the four-foot Variance, pointed out how some of the discussion is
based on a separate issue between property owners,urged the Council to base a decision solely on
the interests of the Applicant and the Appellant and warned that denying the Variance will continue
to damage the interests of Sheropa, LLC.Ms. Spring stated the adjoining property owners objected
to the Variance at that Board meeting and pointed out they are present,unable to speak because of
the lawsuit against them. Attorney Tatich stated if people are present that can refute what he said,
they should come forward and give testimony before the Council. Mayor Hoog requested
Community Development Director Dickey provide testimony given by the property owners of 123
Oak Lane at the August 23, 2016 Board of Adjustment Meeting. Mr. Dickey read a portion of the
minutes containing the testimony of Tim Bratcher, resident of 123 Oak Lane at the Board of
Adjustment meeting. Tim Bratcher confirmed he was sworn in earlier, that he did object to the
Variance before the Board of Adjustment and is not allowed to speak about this Hearing Item due
to the lawsuit.John Dismore,builder of the Sheropa, LLC property,was sworn in and testified Mr.
Bratcher opposed the original Variance, indicated that in order to get the certificate of occupancy
for 127 Oak Lane, he would remove a portion of the back corner of the home to allow for the
four-foot Variance using the Reihl Reliable Survey and stated the property owners of 123 Oak
Lane signed an agreement to not oppose the four-foot side yard setback Variance. City Attorney
Garganese questioned Mr. Dismore and confirmed for the record that Mr. Dismore was authorized
to testify on behalf of the Applicant and that if the City Council granted the four-foot Variance,he
would, as a condition of City Council granting a four-foot variance, remove a portion of the home
if necessary so the house constructed on 127 Oak Lane will be at least four feet from the common
boundary that is depicted on both the Reihl Reliable and revised Walker surveys. Discussion
ensued. Council reached consensus to vote on the Motion. The motion failed 3-2, with Mayor
Pro Tem Brown, Mayor Hoog and Council Member Raymond voting against. Mayor Hoog
called for another motion. Discussion ensued regarding compliance with variance criteria No. 4.
and whether 127 Oak Lane complies with the minimum lot size and dimension requirements under
the applicable zoning district. City Attorney Garganese advised City Council that Section 110-196
of the City Code provides, in any zoning district of the City where single family dwellings are
permitted, a single-family dwelling is permitted to be constructed on a non-conforming lot of
record notwithstanding that such lot fails to meet the requirements for area, width, and/or depth
for the applicable zoning district. A meeting break commenced without motion at 9:47 p.m. and
resumed without motion at 9:51 p.m. Discussion continued regarding lot coverage and square
footage requirements and how to proceed with a new motion. A motion was made by Mayor Pro
Tem Brown,seconded by Mayor Hoog to accept the Variance under the conditions stated by
the Applicant's representative,Mr.Dismore. The motion carried 3-2,with Council Member
Morrison and Council Member Randels voting against.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 10:02 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
October 16,2018
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:59 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 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
Human Resources/Risk Management Director Jane Ross
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
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Commander Linda Moros
PUBLIC PARTICIPATION: None.
PRESENTATIONS/INTERVIEWS:
Presentation of the John Land Award to Council Member Rocky Randels in honor of his 30 years
as an elected official by Florida League of Cities Membership Services Manager Mark R. Sittig:
Mr. Sittig presented the Award to Council Member Randels who read the framed Resolution into
the record and spoke of the Florida League of Cities role and goals serving the membership.
Presentation by Keep Brevard Beautiful Litter Quitter Program Coordinator Kaylan Palmer:
Presentation cancelled, Ms. Palmer unable to attend.
Presentation by Brevard County District 2 Commissioner Jim Barfield: Commissioner Jim
Barfield provided an update on Brevard County activities, commented hopes that his replacement
will continue to work with municipalities and presented a commemorative coin to each Council
City of Cape Canaveral, Florida
City Council Regular Meeting
October 12, 2018
Page 2 of 5
Member. Council Members thanked Commissioner Barfield for his presentation and his support
of the Cape Canaveral Community Redevelopment Agency.
Presentation to the Financial Services Department of The Certificate of Achievement for
Excellence in Financial Reporting Fiscal Year ending September 30, 2017:
Administrative/Financial Services Director John DeLeo accepted the Certificate on behalf of the
entire Financial Services Department and introduced Deputy Director Melinda Huser,Accountant
George Clary, Procurement Specialist Ed Lawson and Accounting-Payroll Technician Cheryl
Puleo.
Interview Applicants for appointment to the Culture and Leisure Services Advisory Board.
(Timothy Bass,Larry Holmes and Barbara A.McPeek):Mayor Hoog announced Ms.McPeek was
unable to attend the meeting. City Attorney Garganese confirmed information on Mr. Bass'
application to be true and correct. Mr. Bass shared reasons for his desire to serve. Council
addressed and thanked Mr. and Mrs. Bass for serving the community. City Attorney Garganese
confirmed information on Mr. Holmes' application to be true and correct. Mr. Holmes shared
reasons for his desire to serve on the Culture and Leisure Services Board and confirmed he serves
on the Library Board. Council addressed and thanked Mr. Holmes for serving the community.
CONSENT AGENDA: Mayor Hoog noted the Memorandum from Staff to Council, dated
October 15,2018,regarding Revised Consent Agenda Item No. 3,Deed of Conservation Easement
for Segment 3 of the City-owned property,with recommended word changes by the St.Johns River
Water Management District. Mayor Hoog inquired if any items needed to be removed for
discussion. Council Member Morrison removed Item Nos. 3 and 4.
1. Approve Minutes for September 4, 2018 Special and September 18, 2018 Regular City
Council Meetings.
2. Resolution No. 2018-17; appointing Members to the Culture and Leisure Services Board of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Timothy Bass, Larry Holmes and Barbara A. McPeek)
3. Approve granting 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 Deed of Conservation Easement and Permanent
Access Easement for same.
4. Approve the Eleventh Addendum to Professional Services Agreement for Fertilization,
Insect, Disease, Weed Control and Pest Control Services in the amount of $48,054 with
Black's Spray Service, Inc. and authorize the City Manager to execute same.
5. Approve the Third Addendum to Professional Services Agreement for Mowing and
Landscaping Services in the amount of$205,985 with SSS Brevard OPCO,LLC dba Green
Leaf Landscaping& Irrigation and authorize City Manager to execute same.
6. Accept 2018 Community Survey Report.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 12, 2018
Page 3 of 5
7. Follow-up items related to the Conveyance of a Portion of Puerto Del Rio Drive to the City
originally approved by the City Council on September 16, 2016; specifically, approval of:
(1) Agreement Regarding Amendment to Agreement to Dedicate Roadway; (2) Easement
to Puerto Del Rio Condominium Association; and(3)Estoppel Certificate from Puerto Del
Rio Condominium Association.
A motion was made by Council Member Randels, seconded by Mayor Pro Tern Brown, to
approve Item Nos. 1,2, 5, 6 and 7. The motion carried 5-0.
#3 Discussion ensued and included alternate solutions to current eradication methods of
invasive plants and Brazilian Pepper Trees, creating a research hub, impacts to the Indian River
Lagoon, whether going forward will cause more harm than good, delaying or tabling the item for
thirty days while Staff researches biological controls, the scientific and regulatory methods used
by the St. Johns River Water Management District, City of Stuart decision to no longer use
chemicals, raising the bar beyond regulations, unknown costs to the City and time limit to move
forward with the project. Gioia Massa, 226 Long Point Road, expressed concerns and urged
caution regarding the project. Capital Projects Director Ratliff stated St. John's River Water
Management District requires the City to perform an environmental site assessment before
removing trees which a City consultant is in the process of conducting. City Attorney Garganese
clarified, although using chemicals is mentioned in the Agenda Item, there is flexibility going
forward and working with regulatory agencies to use other certain methods to carry out effective
and safe removal and maintenance of invasive species at the park.A motion was made by Council
Member Randels, seconded by Council Member Raymond, for approval of granting the
Conservation Easement as recommended in Agenda Item No. 3 with the revised language as
recommended by the St.Johns River Water Management District in the Memorandum dated
October 15,2018. The motion carried 4-1,with Council Member Morrison voting against.
#4 Discussion ensued and included a proposal to revise the mutual Agreement language to
include prohibiting use of harmful chemicals for a period of time as an experimental test, getting
feedback from the contractor and making an adjustment to the price if needed, Black's Spray
Service requirement to use approved items by the Environmental Protection Agency and the City
Ordinance adopted in 2013 to control lawn chemical use. Community Development Director
Dickey recommended moving on with the Meeting,suggested Staff contact Black's Spray Service
regarding possible alternative service options and bring back a change order for Council if there
are other methods to consider. A motion was made by Council Member Morrison, seconded
by Council Member Raymond, for approval of Agenda Item No. 4 as written. The motion
carried 5-0.
PUBLIC HEARING:
8. Ordinance No. 10-2018; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital
Fund Budgets for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018;
providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first
reading: City Attorney Garganese read the title into the record. Administrative/Financial Services
Director DeLeo provided an overview of the Item. Discussion ensued and included municipal
City of Cape Canaveral, Florida
City Council Regular Meeting
October 12, 2018
Page 4 of 5
accounting systems. A motion was made by Council Member Randels, seconded by Council
Member Raymond, for approval of Ordinance No. 10-2018, first reading. Discussion
continued regarding status of Hurricanes Matthew and Irma FEMA claims. The Public Hearing
was opened. There being no comment, the Public Hearing was closed. The motion carried 5-0.
INFORMATIONAL REPORTS:
Items for informational purposes only. No City Council action required.
• Memorandum of Agreement between Brevard County Emergency Management Office and
the City of Cape Canaveral to join the AlertFlorida emergency mass notification system.
• Free Public Internet Access via Wi-Fi in the City Council Chambers.
Community Engagement/Deputy Public Works Services Director Surprenant provided
information regarding AlertFlorida, stating the new system contains more capability and $4,850
coming back to the City, due to merging of agency systems. Economic Development Director
Morley stated the Council Chambers passcode will change occasionally regarding the new Free
Wi-Fi service.
REPORTS:
Council Member Raymond reported on various events and provided information regarding a
presentation by Dr. Ross McCluney on 2018 elections and Climate Change; Space Coast League
of Cities Board of Directors and Regular meetings; the SCLOC, Waste Management, Waste Pro
and Florida Power& Light 2018 Fall Scholarship Application is ready and will be awarded March
2019; Space Coast Art Festival at Manatee Sanctuary Park on October 27-28, 2018; Space Coast
League of Women Voters Candidates Forum at the Library on October 29, 2018 and read a
limerick in honor of Council Member Randels.
Council Member Randels reported on various events and provided information regarding Florida
Department of Transportation/Space Coast Area Transit conference activities including learning
how to write grants from the State for the bus system; Central Florida Metropolitan Planning
Organization Alliance in Orlando funding of priority projects impacting the County and the City,
including widening of State Road 528 and bridge replacement at State Road 401/Nasa Causeway.
Council Member Morrison reported on various events and provided information including a tour
of Public Works Services Department and Facilities, City Survey and job well done by Staff,
Marine Resource Council and City of Titusville Lagoon Health Update Presentation by Dr. Leesa
Sauto to help make Indian River Lagoon healthy, expressed concerns for Hurricane Michael
victims and those communities in the Panhandle, announced Port Canaveral Pink Ribbon Walk at
Port Canaveral was a success and mentioned Senator Dorothy Hukill's recent passing, sharing
some of her background and achievements.
Mayor Pro Tem Brown congratulated the Financial Services Department Staff, noted community
involvement is way up at various events, thanked the City and Staff, announced he coaches the
Cape Canaveral Little League games and encouraged everyone come support.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 12, 2018
Page 5 of 5
Mayor Hoog congratulated Financial Services Department Staff, thanked Culture and Leisure
Services Department Staff and expressed interest in starting a lacrosse program for grade-school
children in the City.
Commander Moros encouraged safety and urged parents accompany their children on Halloween,
announced Brevard County Sheriff's Office and Canaveral Fire Rescue are partnering to provide
residents and families Thanksgiving dinners and requested emailing the names and information of
anyone who might not ask for help to canaveralprecinct@bcso.us for enrollment in the program,
and requested community-wide partnership in reporting suspicious and criminal activities
immediately rather than days or weeks later.
Danny Ringdahl, Puerto Del Rio Developer, expressed appreciation and thanked the City for
approval of the Agenda Item regarding conveyance of Puerto del Rio Drive to the City.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:45 PM.
Bob Hoog, Mayor
Mia Goforth, CMC, City Clerk
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/20/2018
Item No. 2
Subject: Resolution No. 2018-18; appointing a member to the Culture and Leisure Services
Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Barbara A. McPeek)
Department: Legislative
Summary: At its September 27, 2018 Meeting, the Culture and Leisure Services (CLS) Board
interviewed applicants in advance of three vacancies opening up on October 1, 2018. The CLS
Board voted to recommend Barbara A. McPeek for appointment to fill one of the said vacancies.
Following completion of her first appointed term,Ms.McPeek will be eligible for reappointment
to the CLS Board for one additional telui, consistent with the limitations set forth in Section
2-171(f), City Code.
It is now incumbent upon City Council to appoint a member to the CLS Board.
.
Submitting Department Director: Mia Goforth Date: 11/8/18
Attachment: Resolution No. 2018-18
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 11/8/18
The City Manager recommends that City Council ta e the following action:
Adopt Resolution No. 2018-18.
Approved by City Manager: David L. Greene Date: 11/8/18
RESOLUTION 2018-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A
MEMBER TO THE CULTURE AND LEISURE SERVICES BOARD OF
THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Section 54-26 established a Board known as the Culture and Leisure Services Board; and
WHEREAS,it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a member to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment. Pursuant to Section 2-171(e) of the Cape Canaveral City Code,the
City Council of the City of Cape Canaveral hereby appoints the following individual to the Board
indicated below:
Barbara A. McPeek shall be appointed to the Culture and Leisure Services Board,
to serve until October 1, 2021.
Following completion of the first term, appointee shall be eligible for reappointment to the Culture
and Leisure Services Board for one additional term consistent with the limitations set forth in Section
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.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 20th day of November, 2018.
[Signature Page Follows]
City of Cape Canaveral
Resolution No.2018-18
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.2018-18
Page 2 of 2
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/20/2018
Item No. 3
Subject: Resolution No. 2018-19; reappointing a member to the Business and Economic
Development Board of the City of Cape Canaveral;providing for the repeal of prior inconsistent
resolutions, severability and a retroactive effective date. (Ron Foleno)
Department: City Clerk's Office
Summary: The term for Business and Economic Development Board Chairperson Ron Foleno
expired November 1, 2018. Mr. Foleno has served on the Board since November 15, 2016 and
expressed a desire to continue serving on the Board for an additional three-year term
(Attachment 1). Mr. Foleno is eligible for reappointment as he has only served a partial term.
Following completion of his appointed term, Mr. Foleno will be eligible for reappointment to
the Business and Economic Development Board for one additional term, consistent with the
limitations set forth in Section 2-171(f), City Code.
,
It is now incumbent upon the City Council to reappoint a member to the Business and Economic
Development Board.
Submitting Department Director: Mia Goforth Date: 11/8/18
Attachments:
(1) Expiration Notice
(2) Resolution No. 2018-19
Financial Impact: Staff time/effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 11/8/18
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2018-19.
Approved by City Manager: David L. Greene Date: 11/8/18
,
[City Seal] City of Cape Canaveral Attachment 1
October 30, 2018
Ron Foleno
10090 South Tropical Trail
Merritt Island, FL 32952
Dear Mr. Foleno:
Your term on the Business&Economic Development Board will expire on November 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 self-addressed,
stamped envelope, or by emailing a signed, scanned copy to m.goforth@cityofcapecanaveral.org.
If you choose to continue serving, a Resolution for your reappointment to the Board,retroactive to
November 1, will appear on the City Council Meeting Agenda scheduled for November 20, 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)
RON FOLENO,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. 2018-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A
MEMBER TO THE BUSINESS AND ECONOMIC DEVELOPMENT
BOARD OF THE CITY OF CAPE CANAVERAL;PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,SEVERABILITY
AND A RETROACTIVE EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Section 22-27 established a Board known as the Business and Economic Development Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint a Member to the said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Reappointment. Pursuant to Section 2-171(e) of the Cape Canaveral City Code,
the City Council of the City of Cape Canaveral hereby reappoints the following individual to the
Board indicated below:
Ron Foleno shall be reappointed to the Business and Economic Development Board,
to serve until November 1, 2021.
Following completion of the second term, appointee may be eligible for reappointment to the
Board for an additional term, if no other qualified applicant(s) submit application(s) seeking
appointment to the Board, consistent with the limitations set forth in Section 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 portions hereto.
Section 5. Effective Date.This Resolution shall become retroactively effective on November
1, 2018.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 20th day of November, 2018.
[Signature Page Follows]
City of Cape Canaveral
Resolution No.2018-19
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.2018-19
Page 2 of 2
5`ACE City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/20/2018
Item No. 4
Subject: Approve the Proposed 2019 City Council Regular and Tentative Budget Meeting
Schedule.
Department: City Clerk's Office
Summary: A yearly meeting schedule assists everyone in planning activities necessary to
complete the City's business. Although Staff cannot identify exact dates for Budget Hearings,
the Proposed 2019 Meeting Schedule (Attachment 1) includes tentative Budget Meetings,
providing Council Members with as much notice as possible.
The Proposed Schedule was created using current practices. The first Tuesday of every month
is reserved should Council determine holding a meeting is necessary. Two dates that would
normally be reserved (01/01/2019 and 11/05/2019) conflict with dates listed on the City's 2019
Holidays and Other Notable Dates (Attachment 2). For these conflicts,the following Thursdays
will be reserved, instead.
Attachment 2 includes entries for Daylight Savings Time, as Congress has not amended U.S.
Code, authorizing the State of Florida's year-round Daylight Savings Time legislation.
Though the City's Community Redevelopment Agency(CRA) Board is a legally distinct entity
from the City Council, the dates of its own meeting schedule, approved by the CRA Board at its
September 18, 2018 Meeting, coincide with dates on the Proposed Council Meeting Schedule.
For this reason, CRA Board Meetings have also been listed.
Submitting Department Director: Mia Goforth Date: 11/9/18
Attachments:
(1) Proposed 2019 City Council Regular and Tentative Budget Meeting Schedule
(2) City of Cape Canaveral 2019 Holidays and Other Notable Dates
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 11/9/18
The City Manager recommends that City Council take the following action:
Approve the Proposed 2019 City Council Regular and entative Budget Meeting Schedule.
Approved by City Manager: David L. Greene Date: 11/7/18
)RAFT Attachment 1
City of Cape Canaveral
2019 City Council Regular and Tentative Budget Meeting Schedule
Agenda Cut-off at Agenda & Packet Due by Council Meeting
4:30 PM Wednesday Close of Business Tuesday 6:00 PM Tuesday unless noted
01/03/2019 Reserved* (Thursday)
01/02/2019 01/08/2019 01/15/2019
02/05/2019 Reserved*
02/06/2019 02/12/2019 02/19/2019
03/05/2019 Reserved*
03/06/2019 03/12/2019 03/19/2019
CRA Board Meeting 5:30 PM if needed
04/02/2019 Reserved*
04/03/2019 04/09/2019 04/16/2019
05/07/2019 Reserved*
05/08/2019 05/14/2019 05/21/2019
06/04/2019—Reserved*
06/05/2019 06/11/2019 06/18/2019
CRA Board Meeting 5:30 PM if needed
07/02/2019—Reserved*
07/03/2019 07/09/2019 07/16/2019
Budget Workshop 5:00 PM
08/06/2019 Reserved*
08/07/2019 08/13/2019 08/20/2019
Budget Workshop 5:00 PM if needed
09/03/2019 Reserved*
Week of September 3rd-6th—First Budget Hearing exact day/time TBD
Note: Provided the dates Brevard County Commission and School Board meet do not conflict.Florida Law does not
allow the City to hold meetings on the same day.
09/04/2019 09/10/2019 09/17/2019
CRA Board Meeting 5:30 PM
Week of September 16th-20th— Second Budget Hearing exact day/time TBD
Note: Provided the dates Brevard County Commission and School Board meet do not conflict.Florida Law does not
allow the City to hold meetings on the same day.
10/01/2019 Reserved*
10/02/2019 10/08/2019 10/15/2019
11/07/2019 Reserved* (Thursday)
11/06/2019 11/12/2019 11/19/2019
CRA Board Meeting 5:30 PM (tentative)
12/03/2019—Reserved*
12/04/2019 12/10/2019 12/17/2019
*These dates are reserved if a meeting is necessary.Agenda will be published 1 week before the meeting.
Approved by Council:
1)RA ►1,
Attachment 2
City of Cape Canaveral
2019 Holidays and Other Notable Dates
01/01/2019 New Year's Day City offices closed
Tuesday
01/21/2019 Martin Luther King Day City offices closed
Monday
02/18/2019 Presidents Day City offices closed
Monday
03/10/2019 Begin Daylight Savings Set clocks forward
Sunday @ 2AM
04/24/2019 Administrative Professional's Day
Wednesday
05/27/2019 Memorial Day City offices closed
Monday
07/04/2019 Independence Day City offices closed
Thursday
08/09/2019 Begin Municipal Election Qualifying
Friday @ Noon
08/23/2019 End Municipal Election Qualifying
Friday @ Noon
09/02/2019 Labor Day City offices closed
Monday
10/01/2019 National Night Out (BCSO) (tentative)
Tuesday @ 6PM
10/16/2019 Boss's Day
Wednesday
11/03/2019 End Daylight Savings Set clocks back
Sunday @ 2AM
11/05/2019 Election Day
Tuesday
11/11/2019 Veterans Day City offices closed
Monday
11/28/2019 Thanksgiving Day City offices closed
Thursday
11/29/2019 Day after Thanksgiving City offices closed
Friday
12/24/2019 Christmas Eve City offices closed
Tuesday
12/25/2019 Christmas Day City offices closed
Wednesday
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/20/2018
Item No. 5
Subject: Reappoint Council Member Rocky Randels as the Voting Delegate to the Space Coast
Transportation Planning Organization (SCTPO) Governing Board, representing the North
Beaches Coalition (NBC) of Cape Canaveral and Cocoa Beach; reappoint Economic
Development Director Todd Morley as Technical Advisory Committee (TAC) Member; and
appoint City resident Arlyn DeBlauw as Citizens' Advisory Committee (CAC) Member.
Department: City Clerk's Office
Summary: The SCTPO is a metropolitan planning organization established under §339.175,
Florida Statutes, to coordinate transportation planning and finance throughout Brevard County.
The Cities of Cape Canaveral and Cocoa Beach extended an Interlocal Agreement with SCTPO,
through the year 2022, allowing each agency to continue sharing a delegate seat on the SCTPO
Board as the NBC. The SCTPO Governing Board and various committees provides a forum for
cooperative decision making by officials of the affected governmental entities with input from
citizens and constituency groups.
In his capacities as an elected official, Council Member Rocky Randels has been serving on the
SCTPO Governing Board since 2005. As Mayor,Mr. Randels received a Lifetime.Achievement
Award from SCTPO at the Board meeting on April 9, 2015 and was recognized for the same at
the June 16, 2015 City Council Meeting. Mr. Randels' institutional knowledge, experience,
networking contacts, enthusiasm and passion for metropolitan planning in Cape Canaveral and
the surrounding region make him an exceptional choice for the seat. He is the current NBC
Voting Delegate and Cocoa Beach Commissioner Skip Williams is the Alternate. Cape
Canaveral is again scheduled to represent with the Voting Delegate and Cocoa Beach with the
Alternate for 2019.
2018 City representatives on the SCTPO TAC and CAC are Economic Development Director
Todd Morley and Planning and Zoning Board Chair John Price, respectively. Director Morley
has expressed interest in continuing to serve. John Price has elected not to seek reappointment.
Arlyn DeBlauw, 8931 Lake Drive, has expressed interest in serving on the CAC. It is now
incumbent upon City Council to reappoint Council Member Rocky Randels as the SCTPO NBC
Voting Delegate, a City employee as TAC Member and a City resident as CAC Member.
Submitting Department Director: Mia Goforth Date: 11/9/18
Attachment: None
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 11/9/18
The City Manager recommends that City Council take the following action: Reappoint
Council Member Rocky Randels as the Voting Delegate to the SCTPO Governing Board,
representing the NBC of Cape Canaveral and Cocoa Beach; reappoint Economic Development
Director Todd Morley as TAC Member; and appoint City resident Arlyn DeBlauw as CAC
Member.
Approved by City Manager: David L. Greene Date: 11/7/18
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/20/2018
Item No. 6
Subject: Ordinance No. 10-2018; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital
Fund Budgets for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018;
providing for the repeal of prior inconsistent ordinances and resolutions and an effective date,
second reading.
Department: Administrative Services
Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 10-2018
(Attachment 1) is presented for adoption. Exhibit"A"to the Ordinance details the revenues and
expenditures pertaining to the Starting Budget, Budget Transfers, and Year-end Budget
Adjustments and concludes with the 2018 Ending Budget. The revenues and expenditures have
been adjusted to reflect what Staff believes to be the final Budget. This shows revenue that has
exceeded estimates or was under-realized.
Attachment 2 shows a complete Budget Adjustment Detail sequentially numbered by
Account/Department. As with past years, the Comprehensive Annual Financial Report (CAFR)
will provide the actual expenditures for this budget year. It is anticipated that the FY 2017/18
Estimated Ending Fund Balances as compared to the Budget are as follows:
General Fund $631,067
Special Revenue Fund $273,769
Capital Projects Fund
Wastewater Enterprise Fund $402,647
Stormwater Enterprise Fund $58,727
Ordinance No. 10-2018 was approved on October 16, 2018. The Notice of Public Hearing was
advertised in Florida Today on November 8, 2018.
Submitting Department Director: John DeLeo Date: 11/7/18
Attachments:
1. Ordinance No. 10-2018 with Exhibit "A"—Year End Budget Adjustments.
2. Budget Adjustment Summary.
Financial Impact: No additional financial impact is experienced through the formal adoption
of the Budget Adjustments and Amendments.However,the financial impact of each Adjustment
or Amendment is recorded at the face value of the Amendment.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 11/6/18
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 10-2018, second reading.
Approved by City Manager: David L. Greene Date: 11/7/18
Attachment 1
ORDINANCE NO. 10-2018
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL
GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY FUND,
CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND ENTERPRISE
CAPITAL FUND BUDGETS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,2017,AND ENDING SEPTEMBER 30,2018;PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS AND AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency
Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached
hereto as Exhibit"A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal
year beginning October 1,2017, and ending September 30,2018, 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 20th day
November,2018.
Bob Hoog,Mayor
ATTEST: FOR AGAINST
Mike Brown
Mia Goforth, CMC, City Clerk Bob Hoog
Wes Morrison
Rocky Randels
Approved as to Form:
Angela Raymond
Anthony A. Garganese, City Attorney
First Reading: 10/16/2018
Legal Ad Published: 11/8/2018
Second Reading: 11/20/2018
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2018
FY 2017-2018
GENERAL FUND
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 701,650 $ - $ 632,515 1,334,165
Cash Forward-Trans Impact Fees - - - -
Cash Forward-R&R 246,000 - (246,000) -
Ad Valorem Taxes 4,274,545 - 89,806 4,364,351
Local Option Gas Tax 340,919 - (42,079) 298,840
Franchise Fees 828,652 - (116,301) 712,351
Utility Taxes 1,245,848 - (127,433) 1,118,415
Communications Service Tax 447,498 - (40,121) 407,377
Permits&Licenses 260,850 - 88,078 348,928
Impact Fees 1,400 - 440 1,840
Long Point Road Estuary Rehab 139,000 - (139,000) -
State Grants 50,000 - (50,000) -
State Shared Revenue 926,147 - (21,193) 904,954
Local Shared Revenue 128,000 - - 128,000
Charges for Services 30,510 - 21,435 51,945
Garbage&Recycling Revenue 1,119,520 - (31,881) 1,087,639
Recreation Fees 68,775 - 6,954 75,729
Fines&Forfeitures 17,800 - (12,814) 4,986
Interest Income 66,260 - 92,149 158,409
Fire Hydrant Rental Fee 71,430 - 1,003 72,433
Miscellaneous Revenue 109,380 - 4,672 114,052
Transfer from School Guard Crossing Fund 2,385 - - 2,385
Transfer from CC Redevelopment Fund 689,203 - 495 689,698
Contribution from Wastewater Fund 681,359 - 0 681,359
Contribution from Stormwater Fund 19,566 - - 19,566
Other Sources Loan Proceeds - -
TOTAL REVENUES $ 12,466,697 $ - $ 110,726 $ 12,577,423
EXPENDITURE
Legislative $ 43,413 $ - $ (4,054) $ 39,359
Administrative Services 453,579 12,000 $ (36,101) 429,478
Community Development 201,989 $ (4,950) 197,039
Protective Services 2,674,926 $ 10,827 2,685,753
Fire/Rescue Services 2,056,338 $ 1,576 2,057,914
Building&Code Enforcement 404,842 $ (22,627) 382,215
Infrastructure Maintenance 1,101,506 51,075 $ (105,400) 1,047,181
Economic Development 143,370 $ (11,230) 132,140
Leisure Services 634,511 11,750 $ (69,187) 577,074
Community Engagement 134,522 17,500 $ (78,541) 73,481
Legal Services 210,125 $ 40,587 250,712
Solid Waste 1,119,748 - $ (42,132) 1,077,616
Debt Service 1,236,925 - $ 57,768 1,294,693
Non-Departmental 1,208,787 49,850 $ 443,062 1,701,699
Transfer to Community Redevelopment Agency 400,000 - $ (400,000) -
Transfer to Capital Construction Fund - -
Transfer to Wastewater Enterprise Fund - - -
Transfer to N Atlantic Ave Improvement Fund - - -
Contingency 442,116 (142,175) 331,126 631,067
TOTAL EXPENDITURES $ 12,466,697 $ 0 $ 110,726 $ 12,577,423
Excess of Revenues Over/(Under)Expenditures $ (0)
Page 1 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2018
FY 2017-2018
POLICE EDUCATION FUND
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Police Education Income $ 864 $ - $ 131 $ 995
Interest Income 180 - $ 32 212
TOTAL REVENUES $ 1,044 $ - $ 163 $ 1,207
EXPENDITURE
Education&Training $ - $ - $ - $ -
Contingency 1,044 - 163 1,207
TOTAL EXPENDITURES $ 1,044 $ - $ 163 $ 1,207
Excess of Revenues Over/(Under)Expenditures $ -
FIRE PROTECTION FUND
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward R&R $ - $ - $ -
Interest Income 132 (34) 98
Impact Fees - - - -
Net Increase(decrease)in FMV - - - -
TOTAL REVENUES $ 132 $ - $ (34) $ 98
EXPENDITURE
Transfer to GF $ - $ -
Contingency 132 - (34) 98
TOTAL EXPENDITURES $ 132 $ - $ (34) $ 98
Excess of Revenues Over/(Under)Expenditures $ -
SCHOOL CROSSING GUARD FUND
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 824 $ - $ - $ 824
Parking Fine Surcharge 1,500 - $ (577) 923
Interest Income 61 - $ (61) -
TOTAL REVENUES $ 2,385 $ - $ (638) $ 1,747
EXPENDITURE
Transfer to General Fund $ 2,385 $ - $ - $ 2,385
Contingency - - (638) (638)
TOTAL EXPENDITURES $ 2,385 $ - $ (638) $ 1,747
Excess of Revenues Over/(Under)Expenditures $ -
Page 2 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2018
FY 2017-2018
LIBRARY FUND
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ -
Ad Valorem Taxes $ 68,512 $ - $ 1,329 $ 69,841
Ad Valorem Tax Delinquent 50 - $ 101 151
Tax Penalty Income 60 - $ 36 96
Interest Income 4,800 - $ 609 5,409
Interest-Library Impact Fees - - $ - -
Interest-Tax Collections 35 - $ 173 208
Net Increase(decrease)in FMV - - $ - -
Impact Fees-Library - - $ 320 320
Transfer from Capital Construction Fund - - $ - -
TOTAL REVENUES $ 73,457 $ - $ 2,569 $ 76,026
EXPENDITURE
Operating Expenses $ 33,150 $ - $ (9,802) $ 23,348
Capital Purchases 30,000 - $ (12) 29,988
Contingency 10,307 - $ 12,383 22,690
TOTAL EXPENDITURES $ 73,457 $ - $ 2,569 $ 76,026
Excess of Revenues Over/(Under)Expenditures $ -
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ - $ - $ -
State Grant DEO $ -
Shared Revenue from Cape Canaveral 370,034 - $ - 370,034
Shared Revenue from Brevard County 388,697 - $ (103,142) 285,555
Interest Income - - $ - -
Net Increase(decrease)in FMV - - $ - -
Transfer from General Fund 400,000 $ - 400,000
TOTAL REVENUES $ 1,158,731 $ - $ (103,142) $ 1,055,589
EXPENDITURE
Operating Expenses $ 11,239 $ - $ (8,731) $ 2,508
Capital Purchases 400,000 $ (338,858) 61,142
Debt Service 741,527 - $ - 741,527
Transfer to N.Atlantic Ave.Imp.Fund - - $ - -
Contingency 5,965 $ 244,447 250,412
TOTAL EXPENDITURES $ 1,158,731 $ - $ (103,142) $ 1,055,589
Excess of Revenues Over/(Under)Expenditures $ -
Page 3 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2018
FY 2017-2018
LAW ENFORCEMENT TRUST FUND
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 1,610 $ - $ - $ 1,610
Interest-State 72 - $ (116) $ (44)
Contraband Income 1,000 - $ (1,000) $ -
Net Increase(decrease)in FMV - - $ - -
TOTAL REVENUES $ 2,682 $ - $ (1,116) $ 1,566
EXPENDITURE
School Resource Officer $ 2,682 $ - $ - $ 2,682
Contingency - - (1,116) (1,116)
TOTAL EXPENDITURES $ 2,682 $ - $ (1,116) $ 1,566
Excess of Revenues Over/(Under)Expenditures $ -
Page 4 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2018
FY 2017-2018
CAPITAL CONSTRUCTION FUND
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward-General Government $ - $ 391,436 $ 391,436
Cash Forward-Fire/Rescue - - - -
Cash Forward-Protective Services - - - -
Cash Forward-Leisure Services - - - -
Cash Forward-Library - - - -
Interest-General Government - - - -
Interest-Fire/Rescue - - - -
Net Increase(decrease)in FMV - - - -
Transfer from General Fund - - -
Cap.Expansion Fees-General Government - - - -
Cap.Expansion Fees-Fire/Rescue - - - -
TOTAL REVENUES $ - $ - $ 391,436 $ 391,436
EXPENDITURE
Capital-General Government $ - $ - $ 391,436 $ 391,436
Capital-Fire/Rescue - - - -
Transfer to General Fund - - - -
Transfer to Library Fund - - - -
Contingency-General Government - - -
Contingency-Fire/Rescue - -
TOTAL EXPENDITURES $ - $ - $ 391,436 $ 391,436
Excess of Revenues Over/(Under)Expenditures $ -
N. ATLANTIC AVE. IMPROVEMENT FUND
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ -
FDOT/Unobligated Reserves - - - -
Interest-TIFT Funds - -
Net Increase(decrease)in FMV - - - -
Transfer from GF-TIFT&SPIA - -
Transfer from CC Redevelopmnt Agency - - - -
TOTAL REVENUES $ - $ - $ - $ -
EXPENDITURE
Capital Purchases $ - $ - $ - $ -
Contingency - - -
Capital/Wayfinding/Artwork - - - -
TOTAL EXPENDITURES $ - $ - $ - $ -
Excess of Revenues Over/(Under)Expenditures $ -
Page 5 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2018
FY 2017-2018
WASTEWATER ENTERPRISE FUND
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ - $ -
St.John's RWMD Grant -
Utility Operating Income 3,857,031 - 11,051 3,868,082
Utility Penalty Income 63,407 - (7,410) 55,997
Impact Fees - - 5,495 5,495
Reuse Hook-Up Fees 2,925 - 120 3,045
Reclaimed Water Revenue 83,029 - (9,936) 73,093
Investment Income 7,200 - 8,437 15,637
Sale of Fixed Assets 5,000 - (5,000)
Miscellaneous Income - - - -
Transfer from CC CRA Fund 52,323 - (52,323)
SRF Loan Proceeds 1,700,000 - 321,841 2,021,841
Net Increase(decrease)in FMV - - - -
TOTAL REVENUES $ 5,770,915 $ - $ 272,275 $ 6,043,190
EXPENDITURE
Personal Services $ 1,309,251 $ - $ (38,908) $ 1,270,343
Operating Expenses 918,400 30,000 $ 2,074 920,474
Debt Service 174,278 $ 75,163 249,441
Contribution to General Fund 681,359 - $ (681,359) -
Transfer to Enterprise Capital Fund 2,621,200 $ 579,085 3,200,285
Contingency 66,427 (30,000) $ 336,220 402,647
TOTAL EXPENSES $ 5,770,915 $ - $ 272,275 $ 6,043,190
Excess of Revenues Over/(Under)Expenses $ -
Page 6 of 7
Exhibit "A"
Year End Budget Adjustments
For Fiscal Year Ending September 30,2018
FY 2017-2018
STORMWATER ENTERPRISE FUND
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 100,000 $ - $ - $ 100,000
IRL Grant 11,000 - $ (11,000) -
Stormwater Utility Fees 735,264 - 11,970 747,234
Investment Income 5,940 - (4,498) 1,442
Sale of Fixed Asset - -
SRF Loan Proceeds - - -
Net Increase(decrease)in FMV - - - -
TOTAL REVENUES $ 852,204 $ - $ (3,528) $ 848,676
EXPENDITURE
Personal Services $ 206,669 $ - $ 1,106 $ 207,775
Operating Expenses 217,716 - $ 324,892 542,608
Contribution to General Fund 19,566 - $ - 19,566
Transfer to Enterprise Capital Fund 368,600 - $ (348,600) 20,000
Contingency 39,653 - $ 19,074 58,727
TOTAL EXPENSES $ 852,204 $ - $ (3,528) $ 848,676
Excess of Revenues Over/(Under)Expenses $ -
ENTERPRISE CAPITAL FUND
FY 2018 FY 2018 FY 2018 FY 2018
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Transfer from Wastewater Fund $ 2,621,200 $ - $ 579,085 $ 3,200,285
Transfer from Stormwater Fund 368,600 - $ (348,600) 20,000
SRF Loan Proceeds - - - -
Enterprise Capital Contingency -
TOTAL REVENUES $ 2,989,800 $ - $ 230,485 $ 3,220,285
EXPENDITURE
Capital-Wastewater $ 2,621,200 $ - $ 503,286 $ 3,124,486
Capital-Stormwater 368,600 - $ (353,544) 15,056
Contingency-Wastewater - - $ 75,799 75,799
Contingency-Stormwater - - 4,944 4,944
TOTAL EXPENSES $ 2,989,800 $ - $ 230,485 $ 3,220,285
Excess of Revenues Over/(Under)Expenses $ -
Page 7 of 7
General Ledger
Budget Adjustment Summary City of Cape Canaveral [city seal] Attachment 2
Account Number Beginning Budget Amount Current Budget
001-000-311-311100 Ad Valorem-Current 4,237,547.00 32,498.00 4,270,045.00
001-002-513-520000 Operating Supplies 5,032.00 12,000.00 17,032.00
001-007-541-461000 Building&Grounds Maintenance 64,975.00 33,000.00 97,975.00
001-007-541-530000 Street Repairs 13,300.00 18,075.00 31,375.00
001-011-572-630000 Capital-Infrastructure 0.00 11,750.24 11,750.24
001-012-519-330000 Professional Services 4,000.00 17,500.00 21,500.00
001-017-901-462000 Equip.Maint.-City Network 97,794.00 30,000.00 127,794.00
001-017-901-480000 Promotional Activities 11,415.00 5,000.00 16,415.00
001-017-901-480001 Promotional Activity-Website 1,800.00 14,850.00 16,650.00
001-017-901-990000 Contingency 405,756.00 -109,677.24 296,078.76
104-000-311-311100 Ad Valorem Taxes 68,028.00 484.00 68,512.00
104-023-571-990000 Contingency 9,823.00 484.00 10,307.00
401-010-535-340000 Contract Services 39,940.00 30,000.00 69,940.00
401-010-535-990000 Contingency 66,427.00 -30,000.00 36,427.00