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HomeMy WebLinkAboutAgenda Packet 10-15-2013 (OCR)CITY OF CAPE CANAVERAL City of Cape Canaveral CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida Tuesday October 15, 2013 6:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS / INTERVIEWS: 6:05 p. m. — 6:25 p.m. Proclamation Designating the Week of October 20 - 26, 2013 as Florida City Government Week. Interview Board of Adjustment Member George Sweetman; Business and Economic Development Board Members Omar Capellan and Shannon Roberts; Code Enforcement Board Member James C. Hale; and Culture and Leisure Services Board Members Gene Petre and Douglas Raymond for reappointment to said Boards. CITY ATTORNEY'S REPORT: 6:25 p.m. — 6:30 p.m. AUDIENCE TO BE HEARD: 6:30 p.m. — 6:45 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 6:45 p.m. — 6:50 p.m. 1. Approve Minutes for Special and Regular City Council Meetings of September 17, 2013. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 568-1220 • Fax: (321) 868- 1248 www.cityofcapccanaveral.or`g • email: info eityofcapecanaveral.org City of Cape Canaveral, Florida City Council Meeting October 15, 2013 Page 2 of 3 2. Resolution No. 2013-23; reappointing Members to the Board of Adjustment, Business and Economic Development Board, Code Enforcement Board, and Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. 3. Approve Task Order No. 4 in the amount of $141,481 to Tetra Tech, Inc. for engineering design, bid specifications and construction monitoring services related to improvements to the oxidation ditch at the Wastewater Treatment Plant and authorize the City Manager to execute same. 4. Approve continuation of Agreement between the City of Cape Canaveral and the International Union of Operating Engineers, Local 673 (AFL-CIO) to September 30, 2014. 5. Resolution No. 2013-24, providing a policy regarding affording the public a reasonable opportunity to be heard on propositions presented for final official action at City Council and other City Board or Committee meetings in compliance with Section 286.0114, Florida Statutes; providing for distribution of this Resolution to all City Boards and Committees for implementation and actions consistent herewith; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. PUBLIC HEARING: 6:50 p.m. — 7:15 p.m. 6. Ordinance No. 12-2013; adopting Comprehensive Plan Amendments consistent with the City's Water Supply Facilities Work Plan by amending the text of the Future Land Use, Infrastructure, Coastal Management, Intergovernmental Coordination and Capital Improvements Elements of the Cape Canaveral Comprehensive Plan, as required by Section 163.3177, Florida Statutes; making additional conforming amendments to the Comprehensive Plan; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan Amendments, first reading. 7 Ordinance No. 13-2013; adopting the amendments to the Annual General Fund, Special Revenue Funds, Wastewater Enterprise Fund and Stormwater Enterprise Fund Budgets for the Fiscal Year beginning October 1, 2012, and ending September 30, 2013; providing for an effective date; first reading. City of Cape Canaveral, Florida City Council Meeting October 15, 2013 Page 3 of 3 8. Ordinance No. 14-2013, amending Sections 2-66 and 2-68 of the City Code related to Public Input & Participation at City Council Meetings; providing that the City Council shall establish a policy affording members of the public a reasonable opportunity to be heard during City Council Meetings consistent with applicable law; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code, severability and an effective date; first reading. ITEMS FOR ACTION: 7:15 p.m. — 7.45 p.m. 9. Approve a conditional letter of support for Florida Biplanes & Helicopters operating a tour business at Port Canaveral. 10. Consider Application for Satisfaction or Release of $98,250.00 Code Enforcement Lien, Case No. 2008-00127, 8740 Croton Court. 11. Consider Application for Satisfaction or Release of $81,950.00 Code Enforcement Lien, Case No. 2010-00126, 215 Pierce Ave., Unit C. 12. Compensation and Benefits Survey/Analysis and Renewal of Health, Dental, Life Insurance. REPORTS: 7:45 p.m. — 7:30 p.m. 13. Council. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/15/2013 PRESENTATIONS / INTERVIEWS Subject: Proclamation Designating the Week of October 20 - 26, 2013 as Florida City Government Week. Department: Legislative Summary: Florida City Government Week runs from October 20 through October 26, 2013. The Florida League of Cities encourages every city to take an active part in promoting itself through civic education by speaking to schools and civic groups, hosting open houses at their city halls or reaching out to civic clubs and community organizations to explain their city structure and function. Following tradition, the City of Cape Canaveral is issuing a Proclamation supporting Florida City Government Week. Additionally, the City coordinated activities for Cape View Elementary School students at the Brevard County Sheriff's Office Canaveral Precinct, Canaveral Fire Rescue, Cape Canaveral Public Library, Leisure Services Recreation Complex and Public Work Services. Please see the attached Events Schedule for details. Submitting Department Director: Angela Apperson Attachments: Proclamation, Events Schedule Financial Impact: None. N\ Reviewed by Finance Director: John DeLeo The City Manager recommends that City Council tak That the Mayor read the Proclamation. Date: 10/01/2013 Date: 0-1-13 he following action: Approved by City Manager: David L. Greene D`V-4- Date:/ 49/3/43 City Council Action: [ ] Approved as Recommended [ ] Disapprove [ ] Approved with Modifications [ 1 Tabled to Time Certain Official 1J-roam-nation (of Tapecri-,u,ther4i6a WHEREAS, City government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, City government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, City government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities, and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and infornnational materials; and WHEREAS, Florida City Government Week offers an opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, Rocky Randels, Mayor, of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim that the week of October 20 — 26, 2013 be designated as FLORIDA CITY GOVERNMENT WEEK and that the City of Cape Canaveral does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly and that the City encourage educational partnerships between City government and schools. grtigt2b altbArElleb ti i5" i xg of t✓a— ›.-/o 13 STUDENTS MON, Oct 21 TUES, Oct 22 WED, Oct 23 THURS. Oct 24 FRI. Oct 25 KINDERGARTEN 51 Students Cape Canaveral Public Library Planned Activities - by Cara Kincaid, Assistant Library Dir. FIRST GRADE 51 Students Brevard County Sheriff's Office Canaveral Precinct Tour of Facility by BCSO Staff SECOND GRADE 53 Students Canaveral Fire Rescue Tour of Facility by Canaveral Fire Rescue THIRD GRADE 37 Students Cape Canaveral Public Library Mock City Council Mta. — by Administrative Services FOURTH GRADE 43 Students Recreation Complex (or Library if weather is bad) Planned Activities — by Leisure Services FIFTH GRADE 45 Students Public Works, 601 Thurm Blvd. Tour of the Facility & Demo. by Public Works Services SIXTH GRADE 48 Students Cape Canaveral Public Library Mock Board Mta. — by Community & Econ. Dev. 10 a.m. — 11 a.m. 10 a.m. — 11 a.m. 10 a.m. — 11 a.m. 10 a.m. — 11 a.m. 10 a.m. — 11 a.m. 10 a.m. — 11 a.m. 10 a.m. — 11 a.m. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/15/2013 PRESENTATIONS / INTERVIEWS Subject: Interview Board of Adjustment Member George Sweetman; Business and Economic Development Board Members Omar Capeilan and Shannon Roberts; Code Enforcement Board Member James C. Hale; and Culture and Leisure Services Board Members Gene Petre and Douglas Raymond for reappointment to said Boards. Department: Administrative Services Summary: George Sweetman has served on the Board of Adjustment since January 2009. His current one-year term expired on October 1, 2013. Should Mr. Sweetman be reappointed, this begins his first (3) three-year term allowed under the limits referenced in the Code and below. Omar Capeilan and Shannon Roberts have been serving on the Business and Economic Development Board since November 2012; both of their current one-year terms expire November 2, 2013. Should Mr. Capeilan and Dr. Roberts be reappointed, this begins their first (3) three-year terms allowed under the limits referenced in the Code and below. James C. Hale has served on the Code Enforcement Board since March 2002. His current three-year term expired on October 1, 2013. Should Mr. Hale be reappointed, this begins his first (3) three-year term allowed under the limits referenced in the Code and below. Gene Petre has been serving on the Culture and Leisure Services Board (f/k/a Recreation Board) since May 2003 and Douglas Raymond has been serving since March 2010; both of their current terms expired October 1, 2013. Should Mr. Petre and Mr. Raymond be reappointed, this begins their first (3) three-year terms allowed under the limits referenced in the Code and below. The attached Expiration Notices indicate each Members' desire to continue serving on their Board. Per City Code of Ordinances Sec. 2-171(c) (5), any person nominated, elected or appointed to serve on a board or committee of the City shall satisfy the following requirement: complete interviews with the board or committee on which the person is seeking appointment and with the City Council. As of December 2011, per City Code of Ordinances Sec. 2-171 (f) Term, all Board and Committee Members shall be appointed to serve a three-year term and may be reappointed by the City Council for one additional three-year term. There shall be no limit on the total number of terms a Board or Committee Member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the City Council may appoint a Member to a term of Tess than three years in order to stagger the terms of the entire board or committee. If a Member is removed, or vacates their appointment for any reason, including death, excessive absence or resignation prior to the expiration of their term, the City Council may at its discretion appoint an individual to serve the remaining portion of the City Council Agenda Form City Council Meeting Date: 10/15/2013 Interviews Page 2 of 2 unexpired term. Submitting Department Director: Angela Apperson Date: 10-3-2013 Attachments: Expiration Notices (6) Financial Impact: None Reviewed by Finance Director: John DeLeo %----).Date: lD-3"13 The City Manager recommends that City Councie the following action: Interview the Board Members. Approved by City Manager: David L. Greene 0'1-'4-- Date: /0/i /73 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain August 29, 2013 George J. Sweetman 7200 Poinsetta Ave. Cape Canaveral, FL 32920 Dear Mr. Sweetman: City of Cape Canaveral Your term on the Board of Adjustment will expire on October 1, 2013. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3 -year term and return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed envelope. If you choose to serve, you will be scheduled to appear before the City Council for an interview at the Regular City Council Meeting of October 15, 2013 at 6 p.m. Adoption of a Resolution for your reappointment to the Board will follow thereafter. C/' I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. George J. Sw&tmaui, Board Member Sincerely, Angela M. Apperson, MMC Assistant City Manager/City Clerk Encl: SASE (Signature) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info®cityofcapecanaveral.org CITY OF CAPE CANAVERAL August 29. 2013, Omar Capellan 223 Columbia Dr.. #1 16 Cape Canaveral. FL 32920 Dear Mr. Capellan: (City ori Cane Canaveral Your term on the Business & Economic Development Board will expire on November 1, 2013. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3 -year term and return this Notice to your L3oard Secretary or the City Clerk using the enclosed stamped. self-addressed envelope. If you choose to serve, you will be scheduled to appear before the City Council for an interview at the Regular City Council Meeting of October 15, 2013 at 6 p.ni. Adoption of a Resolution for your reappointment to the Board will follow thereafter. XI DO wish to be considered for reappointment. O 1 DO NOT Nish to be considered for reappointment. (Signature) Sincerely. Boaid Chair V\ ali ` v\ Angela iv1. Apperson. MMC Assistant City Manager/City Clerk Encl: SASE 105 Polk .venue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 568-1248 www.cityoIcapccanaveral.org • email: infoac:eityofcapeeanavcral.org August 29, 2013 Shannon Roberts 703 Solana Shores Dr., #501 Cape Canaveral, FL 32920 Dear Dr. Roberts: City of Cape Canaveral Your term on the Business & Economic Development Board will expire on November 1, 2013. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3 -year term and return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed envelope. If you choose to serve, you will be scheduled to appear before the City Council for an interview at the Regular City Council Meeting of October 15, 2013 at 6 p.m. Adoption of a Resolution for your reappointment to the Board will follow thereafter. 12.1 DO wish to be considered for reappointment. D 1 DO NOT wish to be considered for reappointment. Shannon Roberts, Board Member Sincerely, Ih app4.oY, Angela M. Apperson, MMC Assistant City Manager/City Clerk Encl: SASE (Signature) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org August 29, 2013 James C. Hale 110 Washington Ave. Cape Canaveral, FL 32920 Dear Mr. Hale: City of Cape Canaveral Your term on the Code Enforcement Board will expire on October 1, 2013. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3 -year term and return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self- addressed envelope. If you choose to serve, you will be scheduled to appear before the City Council for an interview at the Regular City Council Meeting of October 15, 2013 at 6 p.m. Adoption of a Resolution for your reappointment to the Board will follow thereafter. I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) James. Hale, Board Member Sincerely, W\ appz4en Angela M. Apperson, MMC Assistant City Manager/City Clerk Encl: SASE 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org August 29. 2013 Gene Petre 8487 Ridgewood Ave. Cape Canaveral, FL 32920 Dear Mr. Petre: City of Cape Canaveral Your term on the Culture and Leisure Services Board will expire on October 1, 2013. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3 -year term and return this Notice to your Board Secretary or the City Clerk using the enclosed stamped. self-addressed envelope. If you choose to serve, you will be scheduled to appear before the City Council for an interview at the Regular City Council Meeting of October 15, 2013 at 6 p.m. Adoption of a Resolution for your reappointment to the Board will follow thereafter. I DO wish to be considered for reappointment. 0 1 DO NOT wish to be considered for reappointment. Gene Petre. Board Chair Sincerely, 6214r\ Angela M. Apperson. MMC Assistant City Manager/City Clerk incl: SASE (Signature) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@eityofcapecanaveral.org August 29, 2013 Douglas Raymond 7048 Sevilla Ct., #202 Cape Canaveral, FL 32920 Dear Mr. Raymond: City of Cape Canaveral Your term on the Culture and Leisure Services Board will expire on October 1, 2013. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3 -year term and return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self- addressed envelope. If you choose to serve, you will be scheduled to appear before the City Council for an interview at the Regular City Council Meeting of October 15, 2013 at 6 p.m. Adoption of a Resolution for your reappointment to the Board will follow thereafter. L/I DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. as Raymo , Board Veer Sincerely, CLIG4 Angela M. Apperson, MMC Assistant City Manager/City Clerk Encl: SASE (Signature) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 17, 2013 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:30 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney Assistant City Manager/City Clerk Finance Director Community & Economic Development Director Planning & Zoning Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Brevard County Sheriff Lieutenant Cape Canaveral Volunteer Fire Dept. Chief John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh PUBLIC HEARING: David L. Greene Anthony Garganese Angela Apperson John DeLeo Todd Morley Barry Brown Jeff Ratliff Lonnie Dunn Mike DeMorat Paul Ring Dave Sargeant 1. Resolution No. 2013-20: adoptina a Final Millaae Rate for the levy of Ad Valorem Taxes for Fiscal Year 2013/2014 on all taxable property located within the City of Cape Canaveral. Brevard County. Florida: providing for an effective date: Attorney Garganese read the Resolution title into the record and provided an explanation of same. Mayor Randels further explained the Resolution. A motion was made by Mayor Pro Tem Bond, seconded by Council Member Walsh for approval of Resolution No. 2013-20. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 5-0 with voting as City of Cape Canaveral, Florida City Council Special Meeting September 17, 2013 Page 2 of 2 follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 2. Ordinance No. 11-2013; 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, 2013, and ending September 30, 2014; providing for an effective date, second reading. Attorney Garganese read the Ordinance title into the record and provided an explanation of same. Mayor Randels noted the4W 4pLior workshops and the first reading of the Ordinance. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A mote of ,was made by Council s Member Walsh, seconded by Mayor Pro Tem BonCto a fl.pt�Ordinance No. 11- 2013. The motion carried 5-0 with voting as foUt ws \Mayor P1 . Tem Bond, For; Council Member Hoog, For; Council Member `Pets`o s, For; Maor.,Randels, For; and Council Member Walsh, For. .:, :....Vii.. • R::;� lA, / At 5:40 p.m. Mayor Randels gaveled the meeting; adjourned:wand the recording device was turned off. Due to technical difficulties, the recording device could not be restarted. The following is a summary of the conversation that ensued: Mayor Pro Tem Bond complimented StaTho the budget vvo k = ouncil Member Walsh expressed appreciation for use of the 't roll `backs=gate and support by other Council Members for same. Council Members PetsosA ii Iso complimented Staff for the work on the budget. Mayo noted?tle North Atlantic Improvements Project was selected for fundings from Florida DepartnEent of Transportation through the Space Coast TransportationPlanningOrganization.Discussion of the Project ensued. 1 ADJOURNMENT: Motion„ by Mayor'Paro HTem Bond, seconded by Council Member Walsh, to adjourn the meeting at 5:46 ti): The motion carried unanimously. Angela M. Apperson, MMC, Assistant City Manager/City Clerk Rocky Randels, Mayor CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 17, 2013 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge of allegiance. Mayor Randels reminded everyone to speak into the microphone. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney Assistant City Manager/City Clerk Finance Director Community & Economic Development Director Planning & Zoning Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Brevard County Sheriff Lieutenant Cape Canaveral Volunteer Fire Dept. Chief John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh David L. Greene Anthony Garganese Angela Apperson John DeLeo Todd Morley Barry Brown Jeff Ratliff Lonnie Dunn Mike DeMorat Paul Ring Dave Sargeant CITY ATTORNEY'S REPORT: Attorney Garganese requested an addition to the wording of Consent Agenda Item Number Five (5) to add "and authorize the City Manager to finalize the Contract". He explained a technical provision regarding prevailing party attorney's fees still needs to be worked out with the Fire Department's Attorney. Attorney Garganese stated if the Consent Agenda is approved, Item Five (5) would be amended to authorize the City Manager to finalize the Contract. No objections were received from Council Members. City of Cape Canaveral, Florida City Council Regular Meeting September 17, 2013 Page 2 of 5 AUDIENCE TO BE HEARD: Cocoa Beach Mayor Dave Netterstrom provided an update related to the promotions to attract individuals who will stay in the community and spend money/enrich the economy rather than just visit the beach and leave their trash. He explained their promotions are geared to help the economy in the times that are a bit slower. The promotions/marketing by Port Canaveral was also noted. Mayor Netterstrom indicated Cocoa Beach is exploring Beach Volleyball tournaments, as it is now a college sport. Discussion ensued and included the first Mixed Use building in Cocoa Beach; progress that Cape Canaveral has made with the Overlay District in the north-ffpart of the City; successful grant applications for Complete Streets projects for both. Cities; the desire of Cocoa Beach to enact a tax abatement program similar to Cape\ tGanaveral's; Council's appreciation for the open communication between° becCities S ;access of the latest K idney Foundation Surf Contest which was staffe'Wmany volunteers as well as an auction; the unincorporatedportion of Brevardf * p County which is known a Avon By The S ea, which needs Code Enforcement and dui OdinServices; "'� g Official peprotection protection for "Avon By The Sea" and "Snug Harbor"; an 4t e, enc.®ttragement for4both Cities to continue to work together. • 4 Joyce Hamilton thanked the Brevardr,,County Sheriffs Office, Cane Canaveral Precinct for helping to rescue a dog last week which was trying to cre ss Al A and reunite it with the owner. - CONSENT AGENDA: • • • Mayor Randels inquiredif any items are to be removed from the Consent Agenda for discussion. No items w : re removed. 1. Approve:\Minutes for\City Council -Workshop and Regular Meetings of August 20, 2013 and City Councils Special‘.Meetina of September 3, 2013: 2. 'Approve Task Order No. 1 in the amount of $36,594 to GeoSyntec Consultants, Inc. for Surveying, Engineering Design, Bid Specifications and Construction Monitoring S ervices relatedto the dredging of the southern portion of the Central Ditch and authorize the City Manager to execute same: • 3. Approve Task Order No. 2 in the amount of $76,596 to GeoSvntec Consultants, Inc. for Surveying, <Computer Modeling and Preliminary Enaineerina Design Services related to the installation of a stormwater exfiltration/reclaimed water disposal system beneath Canaveral City Park and authorize the City Manager to execute same: 4. Modification to Binding Developer's Agreement between the City of Cape Canaveral and Puerto Del Rio, L.L.0 , Inc. reaardina Casa Canaveral Assisted Living Facility: City of Cape Canaveral, Florida City Council Regular Meeting September 17, 2013 Page 3 of 5 5. Resolution No. 2013-21; authorizing an Aareement for Fire Protection and Emergency Medical Services between the City and the Cape Canaveral Volunteer Fire Department, Inc.; providing for an effective date and authorize the City Manager to finalize the contract: 6. Resolution No. 2013-22; authorizing an 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: A motion was made by Council Member Hoog, seco'nde'd by Council Member Petsos, to approve all six items on the Consent $ 1,genda:Mayor Pro Tem Bond requested an update on the Assisted Living Facility; to\yvhich �M(. Ringdahl indicated progress is being made toward funding of the ,pr`-oject. He comms = �`making tteSd, to the �`�' project a reality and noted the work continuei. to maintain the State °�ypproyals. Mr. Ringdahl indicated many people continue` exprese; interest in th'4 #`project. He complimented the City for continuing to work witfihim.;.:;The\motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. PUBLIC HEARING: • • • 7. Resolution No. 2013-18; a Joint Resolutlon'ofheLCity Council of the City of Cape Canaveral, Florida, andrtrie :. Cape Canave"ral Connlunity Redevelopment Agency agency"): providing �f or thetapproval of an Interlocal Agreement authorizing a loan from the City to the Cage:.Canaveraltommunity Redevelopment Agency, in an amount not to exceed $100,000.00.for purposes of initialllfundinq the Cape Canaveral Community Redevelopment Agencv:.: so../ t can commence redevelopment activities within the Redevelopm nt` Asea. and 'reimburse the --City for certain start-up expenses incurred by the CityAb establi`sh� and . create .the Agency; providing for the incorporation of the terms and conditions of the \Interlocal Agreement into the Redevelopment Plan of the Cape Cariaverai',-..Community tiRedevelopment Agency; providing for the repeal of prior inconsistent -..resolutions, `no': conflicts; severability, and an effective date: Attorney Garganese reSthe Resolution title into the record and explained the prior approval of the CRA Board`4 A motion was made by Council Member Walsh, seconded by Council Member1Hoog3 `for approval of Resolution No. 2013-18. The Public Hearing was opened. No c©tmments were received and the Public Hearing was closed. The motion carried 5-0' with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 8. Resolution No. 2013-19; amending the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan to modify the boundaries of the Redevelopment Area to exclude land from the Redevelopment Area, adopting a revised Boundary Map and Legal Description, attached hereto as Exhibit "A"; and City of Cape Canaveral, Florida City Council Regular Meeting September 17, 2013 Page 4 of 5 incorporating said Map into the Cape Canaveral Community Redevelopment Agency Community Redevelopment Plan; providing for the repeal of prior inconsistent resolutions, severabilitv, and an effective date Attorney Garganese read the Resolution into the record; provided a brief explanation of same and noted the CRA Board recommends approval of same. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Resolution No. 2013-19. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, Fors; {Ulayor Randels, For; and Council Member Walsh, For. `' , .. ITEMS FOR ACTION: 9. Award the bid for construction of the New Cape Canaveital Volunteer Fire Department (CCVFD) Station to W & J Construction .Corporation Mlle amount of $1,993,402.35; authorize the City Manager /to 'execute'��:documents refadetr to same; approve the re -organization of the Council Meeting :room.l`to' rovide officepace for two CCVFD Staff in lieu of renting office space during'. construction and authorize staff to negotiate a loan in lieu of using reserves Mayor Randels: provided history of the project and the Staff recommendation for same. A motion was: -made j, by Council Member Hoog, seconded by Council en s e:r Petsos, f'a;,t approval of Staffs recommendation. Discussion included the -use. ©f.. reserves vs. a loan and that Ad Valorem revenue would not be pledged fair repayment-cf the loan. The motion carried 5-0 with voting as follows: Mayor Pro Tkelyi Bond, For; Council Member Hoog, For; Council Member Petsos, 'For; Mayor Randels, For; and Council Member Walsh, For. Council Member Hoog ce mplimented Fire Chief Sargeant and Staff for their work to bring this projectto . this point. W & J'f President Nick Witek provided a bnef explanation of the company's. history -in- Brevard County. REPORTS: 10. • Council: �u :...�.. ".. • • 4 • Mayor Pro Tem Bond thanked Staff for all the hard work; the well -presented agenda items and how``easy they make things for the Council Members. 1 Council Member Walsh agreed with Mayor Pro Tem Bond's comments and thanked the City Manager for thilight agenda considering attendance at meetings since 4:30 p.m. Council Member Petsos agreed with Mayor Pro Tem Bond and expressed his feeling that the City Manager has a phenomenal Staff working for him. Council Member Hoog expressed appreciation for Staff, all the work that has been done and being proud to be a part of all the upcoming changes. City of Cape Canaveral, Florida City Council Regular Meeting September 17, 2013 Page 5 of 5 Mayor Randels expressed thanks to BCSO Cape Canaveral Precinct for their presence at the 9-11 Memorial Ceremony at Veterans Park. ADJOURNMENT: There being no further business, the Meeting adjourned at 6:48 P.M. Angela M. Apperson, MMC, Assistant City Manager/City Clerk Rocky Randels, Mayor City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/15/2013 Item No. Z Subject: Resolution No. 2013-23; reappointing Members to the Board of Adjustment, Business and Economic Development Board, Code Enforcement Board, and Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (George Sweetman, Omar Capellan, Shannon Roberts, James C. Hale, Gene Petre and Douglas Raymond) Department: Legislative Summary: After having conducted interviews at tonight's meeting of Board of Adjustment Member George Sweetman; Business and Economic Development Board Members Omar Capellan and Shannon Roberts; Code Enforcement Board Member James C. Hale; and Culture and Leisure Services Board Members Gene Petre and Douglas Raymond, it is now incumbent upon the City Council to reappoint each as Members of said Boards. Submitting Department Director: Angela Apperson j Date: 10-3-2013 Attachment: Resolution. No. 2013-23 Financial Impact: Staff time and effort to prepare thiAgenda Item. Reviewed by Finance Director: John DeLeo Date: . -0 3'/5 - The City Manager recommends that City Council e the following action: 0 Adopt Resolution No. 2013-23. Approved by City Manager: David L. Greene 3 a-- Date: 1D13/(3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION 2013-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT, BUSINESS AND ECONOMIC DEVELOPMENT BOARD, CODE ENFORCEMENT BOARD, AND 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 Section 110- 2, Cape Canaveral City Code, established a board known as the Board of Adjustment; and WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 22- 27, Cape Canaveral City Code, established a board known as the Business and Economic Development Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 2- 256, Cape Canaveral City Code, established a board known as the Code Enforcement Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 54- 26, Cape Canaveral City Code, 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 reappoint Members to said Boards. 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. Reappointments to the Board of Adjustment, Business and Economic Development Board, Code Enforcement Board, and Culture and Leisure Services Board pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Cape Canaveral Boards indicated below: A. George Sweetman, shall be reappointed to the Board of Adjustment for a term of three (3) years. B Omar Canellan and Shannon Roberts shall each be reappointed to the Business and Economic Development Board for terms of three (3) years. City of Cape Canaveral Resolution No. 2013-23 Page 1 of 2 C. James C. Hale shall be reappointed to the Code Enforcement Board for a term of three (3) years. D. Gene Petre and Douglas Raymond each shall be reappointed to the Culture and Leisure Services Board for terms of three (3) years. 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 15th day of October, 2013. ATTEST: Angela Apperson, Asst. City Manager/City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name FOR AGAINST John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Resolution No. 2013-23 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/15/2013 Item No. 3 Subject: Approve Task Order No. 4 in the amount of $141,481 to Tetra Tech, Inc. for engineering design, bid specifications and construction monitoring services related to improvements to the oxidation ditch at the Wastewater Treatment Plant and authorize the City Manager to execute same. Department: Public Works Services Summary: A Condition Assessment for the Cape Canaveral Wastewater Treatment Facility (WWTP) was completed by the City's consultant, Brown and Caldwell, in June 2006. A priority recommendation of the Report was to construct improvements to the oxidation ditch so that redundancy is introduced into this part of the wastewater treatment system. Currently, the WWTP includes an oxidation ditch that consists of a single "tank" that has been in use for approximately 30 years. The purpose of the oxidation ditch is to provide aerobic conditions in the waste stream and to convert ammonia to nitrite (nitrification). Due to the age of the "tank" and the lack of redundancy (and, therefore, lack of maintenance) in the existing system, the Report recommended the following tasks: • Construct a back-up oxidation ditch to maintain treatment so that routine maintenance and inspections could be performed on the oxidation ditch; and • Construct a back-up system to maintain treatment in an emergency condition if the oxidation ditch were to go out of service due to mechanical or structural failure. Possible improvements to the oxidation ditch were investigated by the City's consultant, Tetra Tech, Inc. (Tetra Tech) in July 2013 including: (1) dividing the existing oxidation ditch "tank" into two "tanks" and (2) redesigning the existing equalization basin to act as an emergency oxidation ditch. Results of the preliminary study revealed that the most cost-effective improvement to introduce redundancy into the system is to redesign the existing equalization basin. The recommended improvements to the equalization basin include the installation of the following: • Aeration equipment (fine bubble membrane discs, blower, etc.); • Concrete baffle that splits the equalization basin into two separate aeration basins; • Extensive yard piping modifications; and • Supplemental carbon feed system. Upon completion of these tasks and check-out of the new back-up system, the existing oxidation ditch will be shut down for inspection, removal of sand/debris, cleaning and other maintenance. The oxidation ditch will also be covered to limit spray from the aeration blowers. The proposed project has been discussed with representatives of the Florida Department of Environmental Protection (FDEP) in a meeting held on September 17; a permit modification will be required. The location of the project work area showing the existing oxidation ditch and equalization basin is shown on the aerial photograph included as Attachment #1. City Council Meeting Date: 10/15/2013 Item No. J� Page 2 of 2 After review of engineering firm qualifications for similar -type projects completed in other municipalities, Staff selected Tetra Tech of Orlando, Florida to perform the project tasks. Tetra Tech is one of the engineering firms selected by the City for Professional Engineering/Surveying, Planning, Consulting and Architectural Services in Request for Qualifications #2011-01. A Master Services Agreement for these services has been signed between the City and Tetra Tech. Tetra Tech's cost estimate for this Project is included as Attachment #2. Submitting Department Director: Jeff Ratliff —V -\/A Attachments: #1 — Project Work Area #2 — Tetra Tech Cost Estimate Date: 09/26/13 Financial Impact: $141,481 from SRF to fund Tetra Tech, Inc. for engineering design, bid specifications and construction monitoring services related to improvements to the oxidation ditch at the Wastewater Treatment Plant. rine and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City CourJI take the following actions: Approve Task Order No. 4 in the amount of $141,481 to Tetra Tech, Inc. for engineering design, bid specifications and construction monitoring services related to improvements to the oxidation ditch at the Wastewater Treatment Plant and authorize the City Manager to execute same. Approved by City Manager: David L. Greene 0 7)-4. Date: J0 /1 //3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Project Work Area Proposed Location of Oxidation Ditch Back-up System atee Sanctuary Park 41" • Equalization Basin *. ,(mposed back-up system t'.74'lfsa-tlxrdation ditch) Attachment #2 Tetra Tech Cost Estimate TASK ORDER NO. 4 ATTACHMENT A SCOPE OF SERVICES CITY OF CAPE CANAVERAL WASTEWATER TREATMENT PLANT IMPROVEMENTS (Flow Equalization Basin Modifications for Temporarily Removing Oxidation Ditch from Service) A. PROJECT DESCRIPTION The City of Cape Canaveral (City) owns and operates an existing wastewater treatment plant (WWTP) that employs a 5 -stage biological nutrient removal (BNR) process to provide effluent suitable for discharge to surface water. The facility has a permitted capacity of 1.8 million gallons per day (MGD) on an average annual daily flow (AADF) basis; however, current influent wastewater flows are approximately 1.2 MGD. The WWTP includes a single oxidation ditch that is used to provide the aerobic conditions needed to remove carbonaceous compounds and to convert ammonia to nitrate. The oxidation ditch has been in service for approximately 30 years and has provided reliable efficient service. As part of a proactive maintenance effort and management of critical assets, the City would like to drain the basin and conduct a thorough inspection of structure, and implement some minor improvements, such as panels to minimize misting and splash migration. In addition to having the ability to temporarily take the oxidation ditch off-line for periodic maintenance, the City would ultimately like to have the ability to maintain treatment in an emergency condition when the oxidation ditch is out of service due to mechanical or structural failure. Tetra Tech has prepared a conceptual plan to achieve the goals stated above which are presented in a Technical Memorandum dated July 31, 3013. In general, the plan shows that removing the oxidation ditch from service in parallel with providing an alternate means of aerobic treatment can accomplished by retrofitting the existing flow equalization basin with a diffused aeration system. Also, the plan indicated that some temporary interconnecting piping would be necessary along with some temporary internal recycle pumps. Tetra Tech will provide preliminary design, permitting, final design, bidding, and construction administration services needed to implement the various improvements generally described above in accordance with the current agreement with the City for continuing services. B. SCOPE OF SERVICES Task 1 Preliminary Design In general, the preliminary design phase will involve gathering information, developing the basis of design, preparing a master site plan, and establishing the configuration of the proposed facilities. This TETRA TECH JPT/Isc/reports/r-1/Cape Canaveral Scope 92513 Tt # BP/CapeCanaveral/WWTP -1- 092313 phase will also include preparation of documents that will support various permitting activities. Tasks to be completed in this phase are described below: 1. Attend a project kick-off meeting with the project team and City staff. 2. Provide a topographic survey of the WWTP site in areas of the proposed improvements. The survey work will be completed in accordance with "Minimum Technical Standards" as defined in Florida Statutes. Existing underground utilities will be located as they are flagged by the respective utility owners. No soft -digs will be performed under this scope. 3. Perform process calculations and hydraulic necessary to fully develop and implement the improvements described above. Also, select equipment and develop mechanical layouts of new facilities and piping systems. 4. Prepare a design report that presents the results of the various evaluations, the basis of design for the recommended facilities, and the size and configuration of the facilities. Provide the City with three (3) copies of the "draft" preliminary design report for review and comments. The report will be prepared in accordance with the requirements established in FAC Chapter 62-600. 5. Attend a review meeting with City staff to discuss the design report, modify the report as required, and develop concurrence regarding the proposed facilities prior to final design. Provide City with three (3) hard copies and one (1) electronic copy of the "final" preliminary design report. 6. Provide a geotechnical investigation to support the design of the proposed facilities. The investigation with include one (1) standard penetration test (SPT) to a depth of 25 feet. A report will be prepared outlining the findings, conclusions, and recommendations resulting from the investigation. Task 2 Permitting Tetra Tech will prepare and submit the following permit applications and supporting documentation to the Florida Department of Environmental Protection (FDEP) to obtain permits for construction and operation the proposed facilities. Tetra Tech will also respond to requests for additional information (RAIs) to clarify the original application. All permit application fees will be paid by the City. 1. Complete FDEP Permit Application Forms for the proposed improvements as a "Minor Modification" to the existing facilities and respond to RAIs. One (1) permit application is anticipated. Task 3 Final Design Upon acceptance of the preliminary design report by the City, Tetra Tech will initiate the final design of the Project. The final design will result in preparation of the bid documents, engineering drawings and specifications, which will be submitted to the City for review at 60-, 90- and 100 -percent completion levels. Three (3) sets of drawings and specifications will be provided to the City for each review. A review meeting will be held with City following each submission. To ensure proper design of the facilities, Tetra Tech will obtain approval from the City for any substantial changes in the preliminary design prior to incorporation in the final design. Tasks to be completed during this phase are summarized below: TETRA TECH JPT/Isc/reports/r-1/Cape Canaveral Scope 92513 Tt # BP/CapeCanaveral/WWTP -2- 092313 1. Prepare construction drawings necessary to clearly depict the improvements identified during preliminary design. A preliminary list of drawings is presented below: General Cover Sheet Location Map, General Notes, and Drawing Index Legend and Abbreviations Process Flow Schematic and Hydraulic Profile Civil Existing Conditions Site Plan Civil Details Structural Structural General Notes Flow Equalization Basin Plan Flow Equalization Basin Sections & Details Miscellaneous Concrete Pad Details Standard Structural Details Mechanical Yard Piping Plan Flow Equalization Basin Plan Flow Equalization Basin Sections Flow Equalization Basin Details Oxidation Ditch Partial Plan Oxidation Ditch Sections & Details Mechanical Details (2 Sheets) Electrical Electrical Symbols and Notes Site Power Plan Flow Equalization Basin Electrical Plan Single Line Diagrams Motor Control Center Details Wiring Schematics Electrical Details (2 Sheets) 2. Prepare a comprehensive project manual that contains technical specifications for competitive bidding. The project manual and its contents will be formatted in accordance with the Construction Specification Institute (CSI). Tusk 4 Bidding Services Furnish the City with a "master set" of construction documents in electronic format, as well as 24" x 36" full scale drawings and a "master set" of technical specifications for use in reproducing individual bidding packages. If the City directs Tetra Tech to issue bidding documents to prospective bidders the documents will be sold at a cost necessary to recover printing, shipping, and handling expenses. The City will also be provided three (3) copies of the "master set" of TETRA TECH JPT/lsc/reports/r-1/Cape Canaveral Scope 92513 Tt # BP/CapeCanaveral/WWTP -3- 092313 construction documents with copier reproducible 11" x 17" scaled half size drawings for internal use. 2. Prepare for and attend one (1) prebid conference. 3. Prepare and issue addenda, as approved by the City, containing clarifications or technical revisions that become apparent during bidding. 3. Attend the bid opening, evaluate the low bidder's qualifications for performing the work, and provide recommendations regarding contract award. 4. Conform the construction documents at the end of the bidding phase to reflect any changes to the project design, construction drawings or specifications reflected in addenda. Task 5 Construction Administration Services 1. Prepare for and attend at one (1) preconstruction meeting. 2. Attend monthly progress and throughout progress of work. It is anticipated that six (6) meetings will be needed at an average duration of four (4) hours each, based on an anticipated construction duration of six (6) months. The Contractor will be responsible for recording and distributing meeting minutes. 3. Review shop drawings to determine conformance with the design concepts of the project and compliance with the requirements provided in the contract documents. 4. Review requests for information (RFIs), provide interpretation of construction documents, and issue written clarifications or interpretations. 5. Provide an on-site representative during major equipment check-out and demonstration by the equipment manufacturers. It is anticipated that a total of one (1) day will be required for this task. 6. After successful demonstration tests and upon written request by the Contractor conduct a substantial completion inspection of the Project with the City and distribute a punch list of observed deficiencies to be completed by the Contractor prior to the final completion date. The project will be certified substantially complete only if the work is sufficiently complete in accordance with the contract documents, so that the work can be utilized for the purposes for which it is intended. Upon written request by Contractor, conduct a reinspection to confirm that substantial completion punch list items have been addressed and subsequently provide a substantial completion certification to the City. 7. Upon written request by the City, conduct a final completion inspection of the Project with the City to determine if Work is finally complete and compile and distribute a punch list of items to be addressed. Upon written request by Contractor, conduct a reinspection to confirm that final completion punch list items have been addressed and subsequently provide a final completion certification to the City. 8. Provide general start-up services to assist City with trouble shooting, equipment related issues, and process enhancements. Such services will be limited to one (1) day, unless services are required to resolve a design related issue(s). TETRA TECH JPT/Isc/reports/r-1/Cape Canaveral Scope 92513 Tt # BP/CapeCanaveral/WWTP -4- 092313 9. Review the Contractor's as -built submittals monthly for adequacy and review listing of deviations from the construction permit and approved construction documents as prepared by the City's resident project representative (RPR). Prepare record drawings for the City's use from information provided by the RPR and the Contractor delineating the dimensions, location, and elevation of all facilities constructed. Provide the City with one (1) CD-ROM electronic file of record drawings in AutoCAD current release, one (1) set of reproducibles and three (3) sets of prints of the record drawings. 10. Prepare and submit certifications and required supporting documentation to regulatory agencies having jurisdiction. Task 6 O&M Manual 1. Tetra Tech will update the existing operation and maintenance (O&M) manual for the modified WRF. This update will include preparing an appendix that only addresses operation and maintenance of the flow equalization basin when it is being operated as an alternative to the oxidation ditch. Three (3) copies of the appendix will be submitted to the City at the draft and final completion levels for review and comment. Five (5) copies of the completed manual will be submitted to the City along with electronic files for all text and figures. B. COMPENSATION SUMMARY The total compensation for the Scope of Services described above is summarized below. Attachment B presents a detailed breakdown of the estimated compensation for the Scope of Services. Preliminary Design $32,146 Permitting $4,625 Final Design $64,684 Bidding Assistance $7,878 Construction Administration $25,831 0 & M Manual Revision $6,317 Total $141,481 C. SCHEDULE A general project schedule that addresses each activity is presented below. Preliminary Design Permitting Final Design Bidding Assistance Construction Administration 0 & M Manual Revision JPT/lsc/reports/r-1/Cape Canaveral Scope 92513 Tt # BP/CapeCanaveral/WWTP -5- "I'ask Duration Task Com letion 1 1 3 1 6 1 4 3 4 1O 10 m TETRATECH 092313 Attachment B Task Order No. 4 Labor Plan 15 Labor Resources Task Pricing Totals 141,481 Cape Canaveral i YY 1 P Improvements Submitted to: City of Cape Canaveral Contract Type: T&M Project Phases /Tasks NAVTP IMPROVEMENTS 13411341e> P7011101, Total Labor Hrz 1,291 1.251 12511 XYfI 13171 1011 1150 I 30174 00.01 I 941, 46,41 3110, 100111 If 1!551 15124 11L aL00 Specify labor 136,682 136332 Add'I Fees Technology Pricing by Subs 3,0000 1.01 on Setup Use Fee Total Price Resource 011C4 1.799 1.799 D 141,431 Task Pricing Totals 141,421 141.433 e s 1, 19 i_ $ 8 . 69 65 €- ss X W 139 133 >v E E ;g ,� _ 277 277 g S4 E-.1.', ;Yg f 207 202 Y Iv; s P1. 1 14 14 7 g !� s- 3 50 SG( s E a s 3$41 s .� 16 a t q i; a s 5; x s 'z x .2 i.'2 c: 0 9 la Y 2s 122 113 15 122 116 _ ! _.. o 6. s S s i 4. e .r 4 24 4 24 z 10 3 4. 16 11 22 t E Y: 10 la 134 134 1. Preliminary Oul9n 314 6 34 11 K 40 - 3 9 10 4 24 16 it 23.716 3.000 430 32.174 4.,1111(4141,,4., • 4 1 4 1.791 114010.11,4 501414, al 1 74 14 354 3.41.1 41. 614.•..41 C.v ,1.•u249,01', rt,,,ect .. 71 7 4 14 _ 4,234 1,141 ., N,. Iku0.1vyp1 411 3 ID 15 Y 7 4 0 16 11.01 11.947 4!1.161 n.v.lw rdsl.n2/01x-7.,,.700,1 1f 7 1 1 6 1 1 1 1 4 4!174 Can 441•, t.. .v..1..1,, ,, 1000 7000 ONO,. 6 (1u.1,t.0t0,1 l0 a 2 1.174 1.174 MI6 13,14 f oal, _ 100 0144 2. P800111006 44 • 4 3 I4 - 66 4313 - 100 4.429 C0n0)41c1r111. 4.11+.1,.919r11.s 4 4. IA 11 7 4 4 0 1.94 5.764 4n4D+41.1,1.4 77 7 1 s 1 7,714 1742 0116•. Mr.c 5.1441 410 IM 3. Mud 20111,, 310 13 27 37 74 120 14 M 60 14 73 96 • - - 14 44.144 . see 94664 ...V.,/ rr(27.141 10 7 4 111 119 41y1.151.0 i...401...,... It 4 6 1741 1.111 04,1,1411244c1 1 l06,14,,,,,.0.04 1", 96 4 15 10 13712 :0,12 µ14.r4.41 U0.t4 146..6..,+ 1..x.4... 1,171 114 a 11 0 44 14114 •,0265 '10,1 144., 4. . 1 ... 0....4,,14a.. ,.. 7311, 16 0 21 41 1207 1,10 0140,01.4 01041 V 4 $ 13.14 1.171 11/0..451..43 4104/1414•,.....1,..4,14. 144 4 V 04 44010 10010 1*0.051..1•43 11.94194.14•. 17 III 70 1 46 o 4045 3315 >00105wr11s300,1 W 4 4 16 2 4 7 .4 6115 444 001801141/0. 14461 N•. M a a 4 1 6.045 toll 71Wr063 Coo,O+0144, 10 1 a 4 1 1011 734 006n 0404 ,Arts 1M __ 4. 84:1184$ Strokes 30 - 1 u 20 10 4 2 • 4 4 24 7473 . 230 7371 1.1.00 0Ru,.4.9, 1 1 4 6'4 614 344.00144000,4.0.411 1 1 40 401 1..0..31,1„4 6,10,61. is 1 1 1 4 2 1 1 1 5.764 1.714 A11f04641 414x..•(. 61.114.1..11 16 1 1 1 1310 4.541 (4310•04 044,••s•rt .4 4 4 1 1 1 / 4 1 1167 2.112 WY, a.rIC9.1. • 10 2x 9. Construction Administration Assistance a1 • 4 43 91 16 • 4 4 4 19 9 42 15.331 - 933 23431 AIIMJ 11., 0,014/4.1,161141.4 II 4 1 x 1 100 105 311•:0,1 r1r(,.c.14.4.44 '.4, 17 17 I) 1 4,204 070 141146. 51.1011.4401 1 71 7 . tl • ) 1 16 5.101 9701 l.-,4411014 q1, 44 7 4 04 2 4 4 1 3,414 1151 A744.0,7044.1,4r.1CI0V1 Cul 61144•40•0M1•••• 0 x 41 004 wl1Y3w1W.1W0.1• .4•44•14404 74 4 4 1 • 114 7.94 1..41(000-1/011610.9000 46 4 4 1170 010 140.42140, 00 444.40.0. 4 6 1.016 1.071 (4041440 111ur03.0161.0. 44 4 6 14 4 4 4 0 4110 1.I Ho 1..0.08 Cr41R.71wn 40 5 4 1 94 VI 04111(1...1 Cre, WO 102 6.0 & M Manual Revision 42 • 6 9 34 16 - - 12 4,217 • 100 6,117 (*7x11. 44.004 MMlr.:.1a.1.'•I 41 1 4 47 I) a 3410 1.610 Anon! a,00w 4.4011,,7 4 1 : 1312 1317 4MAlxtl44l Mar.J 1! . 4 ill vr, 3,000 1194 MM Q14.1 CO.I1 T 0 111 1.281 79 631 / d 136.682 3 1� 141,481 »� 777 2111", ! - ss 722 ti 2 1,799 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/15/2013 Item No. Subject: Approve continuation of Agreement between the City of Cape Canaveral and the International Union of Operating Engineers, Local 673 (AFL-CIO) to September 30, 2014. Department: Administrative Services Summary: The Agreement between the City and the Union expired September 30, 2013. Staff has been in active negotiations; the last session was held on August 23, 2013 and included a proposal for continuation of the current contract to September 30, 2014. The International Union of Operating Engineers, Local 673 (AFL-CIO) indicates a majority of its members agree with continuation of the current contract. Staff will commence negotiations in January 2014 for the three year contract which will begin October 1, 2014. The contract will be returned to Council for ratification. Submitting Officer: Jane E. Ross Attachment: None Date: September 30, 2013 Financial Impact: As all terms and conditions from current contract remain unchanged, there is no additional financial impact. Reviewed by Finance Director: John DeLeo , Date: CA " 3 The City Manager recommends that City Coun I take the following action: Approve continuation of Agreement between the City of Cape Canaveral and the International Union of Operating Engineers, Local 673 (AFL-CIO) to September 30, 2014. Approved by City Manager: David L. Greene Date: 9 ho City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/15/2013 Item No. 5— Subject: Resolution No. 2013-24, providing a policy regarding affording the public reasonable opportunity to be heard on propositions presented for final official action at City Council and other City Board or Committee meetings in compliance with Section 286.0114, Florida Statutes; providing for distribution of this Resolution to all City Boards and Committees for implementation and actions consistent herewith; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. Department: Legislative Summary: S.B. 50, adopted by the Florida Legislature, codified at Section 286.0114, Florida Statutes, provides that members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission. A "board or commission" is defined as a board or commission of any state agency or authority or of any agency or authority of a county, municipal corporation, or political subdivision. A "reasonable opportunity to be heard" need not occur at the same meeting at which the board or commission takes official action on the proposition, if the opportunity occurs at a meeting that is during the decision making process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action. The board or commission is not prohibited from maintaining orderly conduct or proper decorum at public meetings and the opportunity to be heard is subject to rules or policies adopted by the board or commission. If a board or commission adopts rules or policies in compliance with Section 286.0114 and follows such rules or policies when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance with the statute. Resolution No. 2013-24, attachment #1, proposes Public Input Procedures to comply with F.S. 286.0114. The Resolution: • Applies to the City Council and all City Board/Committee meetings. • Requires agendas to be ordered in a manner that allow public comments on agenda items, or items added to the agenda at the meeting, at the beginning of the meeting prior to voting on a proposition that is slated for final action, except in the case of emergency situations, ministerial items, Quasi-judicial items or Public Hearing items. • Outlines Public Participation in relation to agenda items for Workshop meetings and meetings that are exempt from the Sunshine Law, such as attorney-client executive sessions. • Designates public comment shall be limited to three (3) minute per speaker; allows the Council, Board or Committee to adjust the time period by majority vote to ensure orderly and efficient meeting conduct and to afford a reasonable opportunity for all persons desiring to speak to be heard. • Authorizes the City Clerk's office to prepare forms for an individual to inform the Council, Board or Committee of their desire to be heard; to indicate support, opposition or neutrality on a proposition; or the designation of a representative to speak for him, her, or a group. City Council Meeting Date: 10/15/2013 Item No. 6 Page 2 of 2 As noted above, after passage of this Resolution the Council Agenda format will need to change. Staff proposes a revised Agenda format as outlined in Attachment #2. The City Clerk's office will distribute the approved Resolution to all City Boards and Committees and coordinate implementation with the City Attorney's Office and Board/Committee Secretaries. Attachment #3 - Code of Ordinance Sections 2-66 (f) & (g) and 2-68 outline the Council's current rules of procedure related to public participation. These items will be amended under a separate agenda item to conform to this Resolution and state law. Submitting Director: Angela Apperson N\ Date: JD /3 I (3 Attachments: #1 - Resolution No. 2013-24 #2 - Revised Agenda format #3 - Code of Ordinance Sections 2-66 (f) & (g) and 2-68 Financial Impact: Cost of preparation of Resolution, agenda item and actions necessary for implementation. Reviewed by Finance Director: John DeLeo \ Date: / C " 3" 1 3 The City Manager recommends that City Council t e the following actions: Approve Resolution No. 2013-24 and accept the revised Agenda format. Approved by City Manager: David L. Greene t9't- - Date: /D/ 3 /73 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2013-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING A POLICY REGARDING AFFORDING THE PUBLIC A REASONABLE OPPORTUNITY TO BE HEARD ON PROPOSITIONS PRESENTED FOR FINAL OFFICIAL ACTION AT CITY COUNCIL AND OTHER CITY BOARD OR COMMITTEE MEETINGS IN COMPLIANCE WITH SECTION 286.0114, FLORIDA STATUTES; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION TO ALL CITY BOARDS AND COMMITTEES FOR IMPLEMENTATION AND ACTIONS CONSISTENT HEREWITH; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida adopted S.B. 50, codified at Section 286.0114, Florida Statutes, with an effective date of October 1, 2013; and WHEREAS, Section 286.0114, Florida Statutes, provides that members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission, and WHEREAS, Section 286.0114(1), Florida Statutes, defines "board or commission" as a board or commission of any state agency or authority or of any agency or authority of a county, municipal corporation, or political subdivision; and WHEREAS, the legislative history of Section 286.0114, Florida Statutes, provides that it is intended to be consistent with Section 286.011(1), Florida Statutes, which provides that "All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, ... at which official acts are to be taken are declared to be public meetings open to the public at all times..."; and WHEREAS, a "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at the same meeting at which the board or commission takes official action on the proposition, if the opportunity occurs at a meeting that is during the decision making process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action; and WHEREAS, the requirement under Section 286.0114, Florida Statutes, that the public shall be given a reasonable opportunity to be heard does not prohibit a board or commission from maintaining orderly conduct or proper decorum in a public meeting; and WHEREAS, the opportunity to be heard is subject to rules or policies adopted by the board or commission, as provided in Section 286.0114(4), Florida Statutes; and City of Cape Canaveral Resolution No. 2013-24 Page 1 of 5 WHEREAS, the opportunity to be heard requirement does not apply to certain actions of a board or commission, as provided in Section 286.0114(3), Florida Statutes; and WHEREAS, the circuit courts have jurisdiction to enforce Section 286.0114, Florida Statutes; and WHEREAS, Section 286.0114, Florida Statutes provides that if a board or commission adopts rules or policies in compliance with this section and follows such rules or policies when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance with this section. WHEREAS, the City Council hereby finds that it is in the best interests of the City and the public health, safety and welfare to adopt this Resolution to provide supplemental procedures for City Council and other City board and committee meetings for purposes of complying with Section 286.0114, Florida Statutes. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. SECTION 2. Supplemental Public Input Procedures. The City Council of the City of Cape Canaveral hereby adopts the following procedure affording members of the public a reasonable opportunity to be heard on propositions presented for final official action at City Council and other City board and committee meetings in accordance with Section 286.0114, Florida Statutes, as follows: 1. Public Comments on Agenda Items. Agendas shall be ordered in a manner that allows public comments on agenda items at the beginning of each City Council and other City board and committee meeting prior to the Council, board or committee voting on a proposition that is on the agenda for final official action, except as provided in Sections 2 and 3 of this Resolution. 2. Statutory Exceptions. As provided in Section 286.0114, Florida Statutes, public comment will not be required on the following propositions: a. Emergency items, meaning an official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with Section 286.0114, Florida Statutes, would cause an unreasonable delay in the ability of the Council, board or committee to act; b. Ministerial items, meaning an official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations. Ministerial items also include motions or questions of City of Cape Canaveral Resolution No. 2013-24 Page 2 of 5 parliamentary procedure that do not result in a final official action of an item before the Council; c. Quasi judicial items. 3. Public Hearing Items. Public comments on public hearing agenda items will be taken at such time the item is presented and considered by the Council, board or committee unless otherwise permitted by the Council, board or committee at the beginning of the meeting or at such time the public hearing is continued. 4. Propositions Not on the Agenda. If a proposition is considered by the City Council or other City board or committee at a scheduled meeting, which is not listed on the agenda, and consideration shall constitute final official council, board or committee action, then the Mayor or presiding officer will offer the public an opportunity to speak to that item before the decision is made However, if final official action on the proposition will occur at a subsequent council, board or committee meeting, the Mayor or presiding officer will offer the public an opportunity to speak to that item at the meeting at which the council, board or committee takes final official action on the proposition subject to the applicable provisions of this Resolution. 5. City Council and other City Board or Committee Workshops. The City Council and other City boards and committees hold workshops to consider certain items which are not ready for official action. The public is always welcome to attend, and is welcome to provide comments regarding workshop items to the City Council or City board or committee and Staff outside a meeting Typically workshops provide the City Council and City boards or committees an opportunity to discuss the topic of the workshop among themselves and with City staff. Public comment will not be heard at workshops unless authorized by majority vote of the City Council or City board or committee, but public comment on workshop items will be taken at the very next regular City Council or City board or committee meeting following the workshop during the public comment portion of the meeting on that item. 6. Exempt Meetings. Public comments will not be taken at meetings that are exempt from the Sunshine Law and not open to the public including, but not limited to, attorney-client executive sessions, security meetings, and collective bargaining negotiation meetings of the City Council and the City's executive negotiating representatives. 7. Designated Speaker Time Periods. Unless otherwise provided by a more specific City Council or City board or committee rule, public comment shall be limited to three (3) minutes per speaker. The City Council or City board or committee may adjust this time period by majority vote in order to ensure the City of Cape Canaveral Resolution No. 2013-24 Page 3 of 5 meeting is conducted in an orderly and efficient manner and all persons desiring to speak are afforded a reasonable opportunity to be heard. 8. Savings Clause. The failure of the City Council, City board or committee, or the Mayor or presiding officer to abide by the provisions of this Resolution shall not have any adverse effect on any final official action made by a majority vote of the City Council or City board or committee. 9. Speaker Forms. The City Clerk's office is authorized to prepare forms for an individual to use in order to inform the City Council and other City boards and committees of a desire to be heard; to indicate the individual's support, opposition, or neutrality on a proposition; and to indicate the individual's designation of a representative to speak for him or her or his or her group on a proposition if the individual so chooses. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. SECTION 4. Severability. If any section, clause, phrase, word, or provision of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 5. Distribution. This Resolution shall be distributed to all City boards and committees for immediate implementation and action consistent with the provisions set forth herein. SECTION 6. Effective Date. This Resolution shall take effect immediately upon its adoption. [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2013-24 Page 4 of 5 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of October, 2013. ATTEST: Angela Apperson, MMC, Assistant City Manager/City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Resolution No. 2013-24 Page 5 of 5 For Against Attachment #2 REVISED AGENDA FORMAT CALL TO ORDER: P LEDGE OF ALLEGIANCE: ROLL CALL: P UBLIC PARTICIPATION: Individuals desiring to speak are required to submit a Speaker Form to the City Clerk and limit their comments to three (3) minutes. Comments related to Public Hearing items will be taken under Public Hearings. P RESENTATIONS / INTERVIEWS' CONSENT AGENDA: QUASI-JUDICIAL AND/OR PUBLIC HEARINGS ITEMS FOR ACTION: REPORTS' ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. Attachment # 3 AN EXCERPT FROM THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES Chapter 2 ADMINISTRATION ARTICLE Il. CITY COUNCIL DIVISION 3. MEETINGS Sec. 2-66. Consideration of matters before council. (f) Any citizen or interested party present at the meeting may orally petition the presiding officer to address the council on issues that are being considered by the city council. Permission may be granted only after a showing that the subject matter is relevant to the business under consideration and is significantly informative to the council, unless the matter under consideration is a public hearing item. In which case, the citizen or interested party shall be heard when the mayor or presiding councilmember opens the floor for the public hearing. If such citizen or interested party is speaking as an authonzed representative, such person shall also advise the council of the name of the person, group, business, or organization being represented. Each person addressing the council shall be required to speak from the podium or at such other city designated speaker location, shall give his or her name and address in an audible tone for the minutes and, unless further time is granted by the council because the complexity of the relevant issue raised requires additional consideration by the council, shall limit his or her address to five minutes. No person other than councilmembers and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the council without the permission of the presiding officer. No question shall be asked of councilmembers, the city manager, city attorney, or staff except through the presiding officer. Councilmembers, the city manager, city attomey, and staff are not required to respond directly to persons addressing the council, but may respond in the discretion of the council or as required by law. (9) Sec. 2-68. General discussion. Every regular meeting of the city council shall include a period of time limited to one-quarter hour for the purpose of a question -and -answer session during which any person from the audience may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The limitations and requirements set forth in section 2-66 shall apply. In addition, the following other requirements shall apply: (a) If it appears that a matter presented by a speaker during general discussion is administrative in nature, and the question or matter raised can be adequately answered or addressed by the city manager or administrative staff, the city council may request, upon consensus or proper motion and majority vote, that the speaker refer the matter to the city manager or his designee during normal city business hours. If such a referral is made by the city council, the speaker shall have no further right to present that matter at the meeting. If the speaker is not adequately satisfied by the city's administrative staff upon proper referral, the speaker shall have the right to bring the matter in question before the city council during the general discussion portion of any subsequent regular city council meeting. (b) The city council recognizes that the general discussion portion of the meeting is for the purpose of legitimate inquiries and discussion by the public and not for the purpose of advancing questions, arguments or repetitious questions conceming matters which the city council believes to be closed, privileged and confidential, or not of general public concern to the city. Further, it is not appropriate to address quasi-judicial and public hearing items under general discussion. The city council shall have the right dunng general discussion to decline to hear any person or any subject matter upon consensus or proper motion and majority vote by the city. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/15/2013 Item No. G Subject: Ordinance No. 12-2013; adopting Comprehensive Plan Amendments consistent with the City's Water Supply Facilities Work Plan by amending the text of the Future Land Use, Infrastructure, Coastal Management, Intergovernmental Coordination and Capital Improvements Elements of the Cape Canaveral Comprehensive Plan, as required by Section 163.3177, Florida Statutes; making additional conforming amendments to the Comprehensive Plan; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan Amendments, first reading. Department: Community and Economic Development Summary: As a result of legislation passed in 2005 to strengthen the link between land use and water supply planning, local governments subject to a Regional Water Supply Plan prepared by a water management district are required to adopt a Water Supply Facilities Work Plan (Work Plan) as a part of their comprehensive plans. According to Florida Statutes, the Work Plan is to address the plans of regional water suppliers, private utilities, or other water suppliers as applicable, as well as local government's plans for infrastructure, conservation and reclaimed water. The purpose of the Water Supply Facilities Work Plan is to identify and plan for the water supply resources and facilities needed to serve existing and new development within the local government's jurisdiction. According to State guidelines, the Work Plan and the Comprehensive Plan Amendment (Comp Plan) must address the development of traditional and alternative water supplies, bulk sales agreements and conservation and reuse programs that are necessary to serve existing and new development for at least a 10 -year planning period. The City of Cape Canaveral does not have a central potable water system. The City obtains its potable water supply from the City of Cocoa under an intergovernmental franchise agreement. The City of Cocoa is the Regional Water Supplier and has supplied central Brevard County, to include Cocoa Beach, Cape Canaveral, Rockledge, Patrick Air Force Base and a large population of unincorporated central Brevard County with drinking water since 1957. The Cities of Cocoa and Cape Canaveral entered into a 30 -year water franchise agreement in 1964, which expired in 1994. In 1994, the City of Cocoa entered into another 30 -year water franchise agreement with Cape Canaveral, which expires in 2024. The City of Cape Canaveral Water Supply Facilities Work Plan was prepared by Planning Design Group. It has received preliminary review by St. Johns River Water Management District. Adoption of the Work Plan necessitates revisions to some Elements of the Comprehensive Plan. Proposed revisions to the Comp Plan are depicted in strikethrough and underline. Revisions have been made to the text and formatting of the following Elements which are included in this packet: Future Land Use, Infrastructure, Coastal Management, Intergovernmental Coordination and Capital City Council Meeting Date: 10/15/2013 Item No. (o Page 2 of 2 Improvements. Revisions to the formatting only have been made to the following Elements: Public Schools Facilities, Conservation Management, Parks and Recreation, Housing and Transportation. On August 28, 2013, the Local Planning Agency (Planning & Zoning Board) reviewed the Work Plan and related Comprehensive Plan Amendments and recommended approval. Submitting Director: Barry Brown b6/rte Date: 09/25/2013 Attachments: 1) Ordinance No. 12-2013, 2) Water Supply Facilities Work Plan, and 3) LPA Recommendation. Financial Impact: $5,919 for Professional Services funded through the Community and Economic Development operating budget. Staff time and effort to prepare this Agenda item. Reviewed by Finance Director: John DeLeo \‘\., Date: 11), 5i)3 The City Manager recommends that City Council take the following actioi (s): Adopt Ordinance No. 12-2013, first reading. Approved by City Manager: David L. Greene 01)-1- Date: /0/7//3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 ORDINANCE NO. 12-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENTS CONSISTENT WITH THE CITY'S WATER SUPPLY FACILITIES WORK PLAN BY AMENDING THE TEXT OF THE FUTURE LAND USE, INFRASTRUCTURE, COASTAL MANAGEMENT, INTERGOVERNMENTAL COORDINATION AND CAPITAL IMPROVEMENTS ELEMENTS OF THE CAPE CANAVERAL COMPREHENSIVE PLAN, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES; MAKING ADDITIONAL CONFORMING AMENDMENTS TO THE COMPREHENSIVE PLAN; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. WHEREAS, section 163.3161 et. seq., Florida Statutes (2011) established the Community Planning Act, which was formerly known as the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Community Planning Act requires each municipality in the State of Florida to prepare, adopt, and update a Comprehensive Plan; and WHEREAS, the St. Johns River Water Management District ("District") approved its regional water supply plan on February 7, 2006; and WHEREAS, following the District's approval of the regional water supply plan, the City is required to prepare a 10 -year Water Supply Facilities Work Plan and adopt corresponding revisions to the City's Comprehensive Plan addressing the water supply requirements; and WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed public hearing, in accordance with the procedures in Chapter 163, Part 11, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Council; and WHEREAS, the Local Planning Agency recommended the City Council transmit the subject comprehensive plan text amendment to the Florida Department of Economic Opportunity for its review and comment; and City of Cape Canaveral Ordinance No. 12-2013 Page 1 of 5 WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida; and NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, Sections 163.3161 et. seq., Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt comprehensive plan text amendments consistent with the City's Water Supply Facilities Work Plan ("Work Plan") by amending the text of the Future Land Use, Infrastructure, Coastal Management, Intergovernmental Coordination, and Capital Improvements Elements of the City of Cape Canaveral Comprehensive Plan, as required by section 163.3177, Florida Statutes. The Work Plan is hereby expressly incorporated into the Infrastructure Element Data and Analysis Appendix of the Comprehensive Plan. Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral Comprehensive Plan: A. Future Land Use Element. The Future Land Use Element is amended as set forth in Exhibit "A," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strikeout type indicates deletions from the text existing in the Future Land Use Element). B Infrastructure Element. The Infrastructure Element is amended as set forth in Exhibit "B," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strilceottt type indicates deletions from the text existing in the Infrastructure Element). C. Coastal Management Element. The Coastal Management Element is amended as set forth in Exhibit "C," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strikeout type indicates deletions from the text existing in the Coastal Management Element). D. Intergovernmental Coordination Element. The Intergovernmental Coordination Element is amended as set forth in Exhibit "D," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strikeout type indicates deletions from the text existing in the Intergovernmental Coordination Element). City of Cape Canaveral Ordinance No. 12-2013 Page 2 of 5 E . Capital Improvements Element. The Capital Improvements Element is amended as set forth in Exhibit "E," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strikeout type indicates deletions from the text existing in the Capital Improvements Element). Section 5. Conforming Text Amendments to Comprehensive Plan. The City Council of the City of Cape Canaveral hereby adopts the following conforming, non -substantive amendments to the City of Cape Canaveral Comprehensive Plan to provide for consistent formatting within each element of the Comprehensive Plan: A. Public Schools Facilities Element. The Public Schools Facilities Element is amended as set forth in Exhibit "F," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strikeout type indicates deletions from the text existing in the Public School Facilities Element). B . Conservation Management Element. The Conservation Management Element is amended as set forth in Exhibit "6," attached hereto and incorporated herein by this reference (underlined type indicates additions to and striLcuut type indicates deletions from the text existing in the Conservation Management Element). C. Parks and Recreation Element. The Parks and Recreation Element is amended as set forth in Exhibit "H," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strikeout type indicates deletions from the text existing in the Parks and Recreation Element). D. Housing Element. The Housing Element is amended as set forth in Exhibit "I," attached hereto and incorporated herein by this reference (underlined type indicates additions to and strikeout type indicates deletions from the text existing in the Housing Element). E Transportation Element. The Transportation Element is amended as set forth in Exhibit "J," attached hereto and incorporated herein by this reference (underlined type indicates additions to and st a.,,,,ut type indicates deletions from the text existing in the Transportation Element). Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Incorporation Into Comprehensive Plan. Upon the effective date of the Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not City of Cape Canaveral Ordinance No. 12-2013 Page 3 of 5 affecting the construction or meaning of this Ordinance and the City Comprehensive Plan may be freely made. Section 8. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (31) days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to section 163.3184(3)( c), Florida Statutes. If the plan amendment is timely challenged, the plan amendment shall not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. No development orders, development permits, or land use dependent on this plan amendment may be issued or commenced before it has become effective. After and from the effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2013. ATTEST: ANGELA APPERSON, City Clerk / Assistant City Manager First legal ad published First reading: Second legal ad published: Second reading: October 3, 2013 October 15, 2013 Rocky Randels, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 12-2013 Page 4 of 5 For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 12-2013 Page 5 of 5 Ord. No. 12-2013, Exhibit "A" City of Cape Canaveral Comprehensive Plan FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" GOAL LU -1 The overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses. The City adopts a long-term planning horizon of ten years, 2010. Objeetive0BIECTIVE LU -1.1: The City shall coordinate future land uses with the appropriate topography, soil conditions, and the availability of facilities and services. The measurement of this Objective is the coordination of land uses with the above parameters and the degree to which the following Policies are implemented: 1 PelicyPOLICY LU -1.1.1: The City shall require soil borings before development takes place to assure that the soil is capable of bearing the structure(s) proposed. PelieyPOLICY LU -1.1.2: The City shall require developers to provide for the local sanitary sewer, reuse and water systems to serve their developments. 1 PeIyPOLICY LU -1.1.3: The City shall require developers to provide for the following on-site infrastructure improvements for their projects: drainage and stormwater management, open space, safe and convenient traffic flow, and vehicle parking. 1 P lieyPOLICY LU -1.1.4: The City shall apply its adopted level -of -service standards to a proposed development before allowing the development to take place. PelicyPOLICY LU -1.1.5: The City shall require large scale residential development to provide an adequate range of services and facilities in accordance with the character of the development, and to reduce the direct or indirect cost to the public sector in providing such services and facilities. POLICY LU -1.1.6 Application for future land use map (FLUM) amendments must include data and analysis that demonstrate adequate water supplies and associated public facilities are or FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" will be available to meet the vroiected water demand associated with the FLUM amendment. ObjectiveOBTECTIVE LU -1.2: The City shall work toward redevelopment or renewal of blighted areas. The measurement of this Objective is the reduction of the number of blighted areas and the degree to which the following Policy is implemented. PelicyPOLICY LU -1.2.1: The City shall enforce its housing and building codes in an effort to prevent any blighted areas. Obj ectiveOBTECTIVE LU -1.3: The City shall work toward the elimination or reduction of uses inconsistent with the community's character and future land uses. The measurement of this Objective is the consistency and compatibility of land uses within Cape Canaveral and the degree to which the following Policies are implemented. PelicyPOLICY LU -1.3.1: The City shall enforce its various ordinances which regulate the land use categories included in the Future Land Use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage (Sign Ordinance), and areas subject to seasonal or periodic flooding (Stormwater Management Ordinance and Federal Flood Insurance Program Regulations). PelicyPOLICY LU -1.3.2: The City shall require new development to be compatible with adjacent land uses. Po1icyPOLICY LU -1.3.3: The City shall enforce its requirements pertaining to densities and intensities of land use in each land -use category--i.e. *R-1, Low Density Residential: maximum 5.808 lots/acre. *R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/acre. *R-3, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/acre. *M-1, Light Industrial: maximum 4.356 lots/acre. *C-1, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" *C-2, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. PUB, Public and Recreation Facilities CON, Conservation Obj4e#iveOBTECTIVE LU -1.4: The City shall enforce its regulations for protection of natural resources and historic resources. The measurement of this Objective is the extent to which natural and historic resources are protected and the degree to which the following Policies are implemented. 1 PelicyPOLICY LU -1.4.1: The City shall continue to enforce its regulations which protect environmentally sensitive land. (e.g. wetlands, beaches and dunes) 1 Phi eyPOLICY LU -1.4.2: As historically -significant properties are identified, these shall be designated and protected. 1 PeyPOLICY LU -1.4.3: The City shall maintain a list (including locations) of archaeological sites to cross-check against locations of proposed development before issuing a Development Order. OBTECTIVE LU -1.5: The City shall coordinate coastal area population densities with the local hurricane evacuation plan. The measurement of this Objective is the density of population in the coastal area and the degree to which the following Policy is implemented. I Pe1icyPOLICY LU -1.5.1: The City shall continue to monitor density of developments, especially in the high - hazard areas. 1 Pol-icyPOLICY LU -1.5.2: The City shall amend the Future Land Use Map to depict the Coastal High Hazard Area. The Coastal High Hazard Area (CHHA) is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Objeetive0BTECTIVE LU -1.6: The City shall attempt to prevent urban sprawl. The measurement of this Objective is the extent to which urban sprawl is prevented and the degree to which the following Policy is implemented. FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" I PelicyPOLICY LU -1.6.1: The City shall work toward development on infill parcels. I PelicyPOLICY LU -1.6.2: The City shall encourage projects which are adjacent to existing public infrastructure. 1 O }ee OBJECTIVE LU -1.7: The City shall ensure the availability of land suitable for utility facilities necessary to support proposed development. The measurement of this Objective is the availability of land for utility facilities. PelicyPOLICY LU -1.7.1: The City shall continue with its policy of requiring developers to provide local sanitary sewer and water lines at the time of development. 1 PeliicyPOLICY LU -1.7.2: The City shall continue to cooperate with the Cocoa Water Department for locating and obtaining land for additional water facilities which may be required to be located within Cape Canaveral at some future date. Objeetive0BIECTIVE LU -1.8: The City shall work toward the use of innovative mixed use land use classifications and land development regulations to implement the recommendations of the 2009 Visioning Study for mixed use developments and a downtown center. The measurement of this Objective is the extent to which innovative land uses and land development techniques are allowed and the degree to which the following Policies are implemented. 1 PelicyPOLICY LU -1.8.1: The City shall encourage the mix of residential, office, commercial, retail, restaurant, hotel, and flex space through the use of Mixed Use Land Use designations. The Mixed Use Future Land Use designation provides for a mix of uses within a development site or within a multiple parcel area to encourage flexible and creative design, protect established residential neighborhoods from adverse impacts of nonresidential development and reduce the cost of public infrastructure. When the City adopts a policy creating a mixed-use land use designation(s), it will define the percentage distribution for the mix of allowable uses or other guidelines to implement mixed-use controls consistent with the requirements of 9J -5.006(4)(c), F.A.C. and further, it will include density and intensity standards for the mixed-use designation pursuant to Section 163.3177(6) (a), F.S. Designation of Mixed -Use FLU on the FLU Map within the City and the pursuit of appropriate strategies shall be based upon the following issues, factors and criteria: FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" A. Provide for the compatibility of mixed land use patterns, which would consist of retail, restaurant, commercial, office, hotel, flex space and residential uses through the implementation of appropriate land development regulations. B. Encourage private development activities to coordinate with existing residents and property owners. Coordinate the provision of adequate public facilities and services. C. Provide for a reduced need for infrastructure by allowing for shared parking, drainage and other facilities. D. Existing single use developments in place prior to the designation of the land as Mixed Use remain legal conforming uses that can be restored in accordance with the current zoning district standards applicable to the property. E. Attendant on-site facilities such as utilities, structured parking facilities integrated into other uses, public schools, open space and recreation areas. PelicyPOLICY LU -1.8.2: The City shall allow planned unit developments (PUD's) with proper review, using the following specific criteria: 1. The PUD is an area of land developed as a single entity, or in approved stages, in conformity with a final development plan which is intended to provide for a variety of residential and compatible uses and common space. 2. The PUD is a concept which permits variation in residential developments by allowing deviation in lot size, type of dwelling, density, lot coverage, and open space from that required for any one residential land -use classification under the zoning regulations. 3. PUD procedures and standards will have the following objectives: A. Accumulation of large areas of usable open spaces for recreation and preservation of natural amenities. B. Flexibility in design to take the greatest advantage of natural land, trees, historical and other features. C. Creation of a variety of housing types and compatible neighborhood arrangements that give the home buyer greater choice in selecting types of environment and living units. D. Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the City of Cape Canaveral. E. Efficient use of land which may result in smaller street and utility networks and reduce development costs. F. Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the planned unit development. G. Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the City of proposed land use, site consideration, lot and setback considerations, public needs and requirements, and health and safety factors. FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 1 Ord. No. 12-2013, Exhibit "A" H. PUD should utilize economical and efficient use of land, utilities and streets and other infrastructure. 4. No PUD shall be approved by the City until such time as a PUD ordinance is adopted by the City; this PUD ordinance shall be an up-to-date type of ordinance based upon the criteria specified above. ObjeetiveOBTECTIVE LU -1.9: The City shall alleviate the impacts of inadequate public facilities and services, substandard structures and lot configurations in the blighted or other affected areas in the City through redevelopment and beautification activities. PelicyPOLICY 1.9.1: In July of 1995, the City identified areas, prepared and adopted in the State Route A1A Beautification Plan and Redevelopment Plan (B&R) and in order to improve traffic circulation and to provide for aesthetically pleasing and environmentally sound commercial, office and residential opportunities, consistent with this Comprehensive Plan. At a minimum, the following criteria shall apply: CRITERIA: A. The B&R Plans shall be coordinated with the availability of the following public facilities and services at the levels of service adopted in this Comprehensive Plan: roadways, potable water, sanitary sewer, drainage, solid waste and emergency services. B. The B&R Plans shall be coordinated with transportation improvements including marginal access, existing roadway networks in the study area, reduction of access points, parking, pedestrian and bicycle facilities and mass transit. C. The B&R Plans address the impacts of redevelopment activities on the natural systems. Redevelopment activities shall be conducted consistent with the Conservation, Coastal Management and Surface Water Management elements of this Comprehensive Plan. D. The B&R Plans provide for the visual continuity of the study area through landscaping, signage and architectural and design requirements. E. The Redevelopment Plan addresses economic development strategies such as business recruitment, commercial revitalization and marketing campaigns. F. The Redevelopment Plan shall identify housing and other structures which are substandard and shall address measures for rehabilitation or replacement. G. The B&R Plans shall be consulted with the various decision-making task forces, comprised of a balanced set of representatives from all affected parties in the City of Cape Canaveral. I Pel-icyPOLICY 1.9.2 In 2007 the City of Cape Canaveral prepared a Redevelopment Plan that addressed land use, development regulations, and incentives to promote redevelopment and support FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "A" creation of a "town center" development. The City shall pursue implementation of the policies under "Land Use Controls" of the Redevelopment Plan. OBTECTIVE LU -1.10: The City shall strive to coordinate with the Brevard County School Board with regard to the location of future public schools within the corporate boundaries of the City. PelleyPOLICY 1.10.1 Traditional types of public schools (high schools, junior high/middle schools, and elementary schools) shall be an allowable use in all Future Land Use categories except the M-1 Industrial and PUB Public/ Recreation. The City shall be cautious and attempt to reduce an impact of school siting and its compatibility to other uses for the Future Land use category that may be impacted. P-elleyPOLICY 1.10.2 High schools shall be required to be located on collector and arterial roads. PelicyPOLICY 1.10.3 The City of Cape Canaveral, in conjunction with the School District, shall seek opportunities to co -locate schools with public facilities, such as parks, libraries, and community centers, as the need for these facilities is identified. FUTURE LAND USE ELEMENT - Amended November 19, 2013 Page 8 Ord. No. 12-2013, Exhibit "B" City of Cape Canaveral Comprehensive Plan INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES and POLICIES INFRASTRUCTURE ELEMENT Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" SANITARY SEWER SUB -ELEMENT GOAL SS -1 The overall goal for this sub -element is provision of sanitary sewer facilities to meet the needs of the existing and future citizens of Cape Canaveral. Objective -OBJECTIVE SS -1.1 Assure that all existing and future inhabitants and businesses in the City have access to State -approved, properly -functioning sanitary sewer facilities during the 5- to 10 -year time -frame of this Plan by correcting existing deficiencies and making sure facilities meet future needs. The City shall maximize the use of existing sewer facilities and promote infill development to minimize urban sprawl. This Objective will be measured by the degree to which the supporting Policies below are implemented. PoyPOLICY SS -1.1.1 The City shall provide sanitary sewer collection and treatment through utilization of its sanitary sewer system. Pe1icyPOLICY SS -1.1.2 The City shall require all new development, at no cost to the City, to install sewage collection and reuse facilities and to connect those facilities to the City's system in accordance with City ordinances. PelieyPOLICY SS -1.1.3 The City shall not allow the use of septic tanks for new development and work toward the elimination of any remaining septic tanks. PeficyPOLICY SS -1.1.4 The City shall establish priorities for replacing facilities, correcting existing facility deficiencies and providing for future facility needs. PelicyPOLICY SS -1.1.5 The City shall establish and utilize level -of -service (LOS) standards for sanitary sewer facilities. The current LOS is 118 gallons per capita per day (gpcd), excluding the flow from Port Canaveral. This is a satisfactory LOS; therefore, the present LOS of 118 gpcd is hereby adopted as the LOS standard for this component of the system. INFRASTRUCTURE ELEMENT Page 2 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" Objective OBJECTIVE SS -1.2 The City shall strive to identify feasible strategies for minimizing inflow to the sewage treatment plant and maximizing reuse of effluent. The measurement of this Objective is the degree to which the following Policies are implemented. I Pe1ic-yPOLICY SS -1.2.1 The City shall continue its program for reuse of effluent for irrigation and groundwater recharge. DRAINAGE SUB -ELEMENT GOAL D-1 The overall goal for this sub -element is provision of drainage facilities to meet the needs of the existing and future inhabitants of Cape Canaveral. Objective OBJECTIVE D-1.1 Assure that all existing and future residents and businesses in the City of Cape Canaveral are served by adequate drainage facilities in order to minimize damage that may occur as a result of flooding and to minimize the amount of runoff allowed to flow into the Atlantic Ocean and the Banana River during the 5- to 10 -year time frame. Measurement of this Objective is the extent to which flooding is minimized during periods of heavy rainfall; the degree to which runoff into the Atlantic Ocean and Banana River is minimized; and the degree to which the following Policies are implemented. 1 PelieyPOLICY D-1.1.1 The City shall provide for routine maintenance for all parts of its drainage system. PelieyPOLICY D-1.1.2 The City shall control the drainage of stormwater in order to minimize the impact on the storm sewer system and on the surficial and Floridan aquifers. 1 PelicyPOLICY The City shall control the development of storm sewers and to insure that city maintenance of canals and ditches is accomplished efficiently. 1 Po1ieyPOLICY D-1.1.4 The City shall enforce its Stormwater Management Ordinance for new development. 1 PekEyPOLICY D-1.1.5 INFRASTRUCTURE ELEMENT Page 3 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" The City shall review its Stormwater Management Ordinance with a view to strengthening it in order to make it more compatible with current standards of the SJRWMD. 1 PelicyPOLICY D-1.1.6 The City shall periodically establish priorities for replacement, correction of facility deficiencies and provision for future facility needs as apart of its capital improvements program. As deficiencies occur, these will be included as a part of the capital improvements program. i 1 PelicyPOLICY D-1 17 The City shall establish and utilize LOS standards for drainage facilities. The current LOS is the requirement for retention of the first inch of rainfall for new developments. This is an adequate LOS and is hereby adopted as a LOS standard. The City also hereby adopts as the LOS standard for overall drainage facilities the following criterion: a design storm of 5 -year frequency and one-hour duration with rainfall of 3 inches per hour and removal of excess water within 3 hours of the event. PoJicyFOLICY D-1.1.8 The City shall support efforts to educate the general public about non -point source pollution and the value of stormwater management practices. PelicyPOLICY D-1.1.9 The City shall, continue to utilize a record keeping system relative to the use of stormwater management practices, construction, maintenance costs and facilities monitoring. PoIicyPOLICY D-1.1.10 The City shall collaborate with other governmental entities having jurisdiction in the area on the development of a comprehensive, consistent, and coordinated watershed - wide stormwater management plan. Objective -OBJECTIVE D-1.2 The City shall maximize the use of existing drainage facilities and infill development to discourage urban sprawl. The measurement of this Objective is the extent to which development takes place on infill parcels plus the degree to which the following Policies are implemented. 1 PelieyPOLICY D-1.2.1 The City shall require the use of existing drainage facilities, where feasible, for new development. INFRASTRUCTURE ELEMENT Page 4 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" PelieyPOLICY D-1.2.2 The City shall enforce its Stormwater Management Ordinance for retention and detention facilities for storage of stormwater runoff. 1PelleyPOLICY D-1.2.3 The City shall determine the feasibility of retrofitting areas of existing development with updated stormwater treatment facilities. SOLID WASTE SUB -ELEMENT GOAL SW -1 The overall goal for this sub -element is the provision of solid waste collection and disposal facilities and services to meet the needs of the existing and future inhabitants of Cape Canaveral. Objective -OBJECTIVE SW -11 Assure that all existing and future inhabitants and businesses in the City have access to effective solid waste collection and disposal facilities by correcting existing facility deficiencies and providing facilities for future needs. The City shall encourage maximized use of existing solid waste disposal facilities and infill development to discourage urban sprawl for more efficient pickup of solid wastes. Measurement of this Objective is the degree to which the following Policies are implemented during the 5 - and 10 -year time frame. 1 PelicyPOLICY SW -1.1.1 The City shall cooperate with Brevard County for disposal of solid and hazardous wastes. 1 PelieyPOLICY SW -1.1.2 The City shall encourage recovery of additional resources from solid wastes, where feasible. 1 yPOLICY SW -1.1743 The City shall monitor the performance of the garbage and trash pickup service to assure the best service available at the lowest possible cost. 1 PelicyPOLICY SW -1.1.4 The City shall cooperate with the County in providing for future facility needs for disposal of solid and hazardous wastes. INFRASTRUCTURE ELEMENT Page 5 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" PefieyPOLICY SW -11.5 The City shall cooperate with the County in establishing and utilizing needed LOS standards for solid waste facilities and services. The current LOS of 8.32 lbs. of solid waste per capita per day is hereby adopted as the LOS standard for solid waste disposal. POTABLE WATER SUB -ELEMENT GOAL PW -1 The overall goal for this sub -element is provision of potable water facilities to meet the needs of the existing and future inhabitants of Cape Canaveral. Objective OBJECTIVE PW -1.1 The City shall cooperate with the City of Cocoa to assure and maximize use of existing potable water facilities for all existing and future residents and businesses in the City of Cape Canaveral in order to have access to potable water facilities during the 5- to 10 - year time -frame and encourage infill development to limit urban sprawl. This objective is measured by whether or not potable water is available for all residents and businesses and the extent to which development takes place on infill parcels; and the degree to which the following Policies are implemented. 1 PelicyPOLICY PW -1.1.1 The City shall cooperate with the City of Cocoa in provision of potable water for the citizenry of Cape Canaveral. 1 PetieyPOLICY PW -1.1.2 The City shall require developers to install potable water distribution facilities and to connect those facilities to Cocoa's water system for all new development. I PelicyPOLICY PW -1.1.3 Cape Canaveral shall cooperate with the City of Cocoa in establishing priorities for replacement, correcting existing facility deficiencies and providing for future facility needs. Pe1icyPOLICY PW -1.1.4 The City shall cooperate with the City of Cocoa in establishing and utilizing LOS standards for water facilities. Two LOS standards are hereby adopted by the City: the standard for consumption is 264 gallons per household per day; the standard for water pressure is 60 psi. INFRASTRUCTURE ELEMENT Page 6 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" gelic-yPOLICY PW -1.1.5 The City shall maintain its potable water agreement with the City of Cocoa through expiration m 2024. Prior to expiration of the existing contract between Cape Canaveral and Cocoa for potable water service, the City shall review the systems performance as a guide to use in negotiating the next contract. 1 gelieyPOLICY PW -1.1.6 The City shall ensure adequate water supplies to serve new development by obtaining a certification of capacity from the City of Cocoa prior to issuing any new building permit. Policy PW -1.1.7 The City shall issue no development orders or permits without first consulting with the City of Cocoa (the City's potable water service provider) to determine whether adequate water supplies to serve the development will be available no later than the anticipated date of issuance by the City of a certificate of occupancy or its functional equivalent. The City will also ensure that adequate water supplies and facilities are available and in place prior to issuing a certificate of occupancy or its functional equivalent. Objective -OBJECTIVE PW -1.2 Assure that potable water is available to all existing and future residents and businesses, even during times of dry weather. Measurement of this Objective is the extent to which potable water is available to all residents and businesses and the degree to which the following Policies are implemented. I PelieyPOLICY PW -1.2.1 The City shall cooperate with the City of Cocoa and the St. Johns River Water Management District in establishing, utilizing and enforcing potable water conservation strategies and techniques. 1 PelieyPOLICY PW -1.2.2 The City shall investigate the feasibility of local implementation of the following water conservation concepts: a water conservation public education program; requirements for installation of low water volume plumbing fixtures; the incorporation of water conservation concepts in landscape regulations; the identification of areas suitable for use of reclaimed water. PelieyPOLICY PW -1.2.3 The City shall work with Cocoa Water System to evaluate water supply alternatives and to identify an emergency backup source of supply. INFRASTRUCTURE ELEMENT Page 7 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" POLICY PW -1.2.4 The City will monitor and participate, as necessary , in the City of Cocoa's water sunoly planning processes (e.g., updates to water supply facilities work plan and consumptive use permit, etc.) to ensure that the City of Cocoa accurately accounts for and meets the City's current and future water needs. POLICY PW -1.2.5 The City adopted Resolution 94-19, which is an inter -local agreement between the City of Cape Canaveral and the City of Cocoa Beach to transfer treated effluent to supplement the City of Cocoa Beach's reclaimed water sunnly. POLICY PW -1.2.6 Recognizing that the City is located in an area that the STWMD identifies as a "priority water resource caution area," the City shall strive to maintain a per capita usage of potable water at or below 120 gallons per capita per day (gpcpd) and will continue to work with the City of Cocoa and the STRWMD to reduce demand within the City for potable water. POLICY PW -1.2.7 The City will continue to cooperate with the STRWMD in its efforts to restrict the unnecessary consumption of potable water, particularly as it relates to irrigation, lawn watering, and car washing during periods of drought, supply reduction, and other emergencies. POLICY PW -1.2.8 The City shall enforce and implement the STRWMD's landscape irrigation rule in accordance with Ordinance02-2010, and any subsequent revisions. POLICY PW -1.2.9 The City shall continue to promote water conservation through enforcement of the Florida Building Code which requires such items as low-volume commodes, water flow restrictions for showers and spigots and similar devices in all new construction and renovations. POLICY PW -1.2.10 The City shall enforce, through its Land Development Regulations, the requirement to use waterwise landscaping and irrigation standards in all new development and redevelopment, and require functioning rain -sensor devices on all automatic irrigation systems on both new and existing systems. POLICY PW -1.2.11 The City shall develop a water audit program or all City facilities, including irrigation, by the end of 2014. The City shall also consider coordinating with the City of Cocoa INFRASTRUCTURE ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" Water Department and developing a water audit program, including irrigation systems for the public. POLICY PW -1.2.12 The City shall develop a leak detection and repair program for all City facilities by the end of 2014. It shall also inform and encourage its businesses and residents to adopt such a program for their own individual Properties. Objective OBJECTIVE PW -1.3 Assure that the objectives and requirements of the St. Johns River Water Management District are reflected in the Potable Water sub -element of the Comprehensive Plan. Facility improvement needs shall be delineated in the Five -Year Capital Improvements Schedule and shall be reviewed and updated annually so as to reflect current Priorities_ and fiscal capacity. POLICY PW -1.3.1 The Local Planning Agency shall review the City's Capital Improvements Program and shall provide the City Council with the Agency's recommendations as to reauirements to satisfy anticipated facility capacity needs. POLICY PW -1.3.2 Applicable impact fee schedules shall be reviewed by the Local Planning Agency to ensure that a fair share of the cost of providing additional facility capacity to meet needs created by new growth is in fact being paid by the development, and shall recommend to the City Council any changes that are deemed appropriate. PekeyPOLICY PW -1.3.13 The SJRWMD's Regional Water Supply Plan shall be considered when preparing Evaluation and Appraisal Reports and in the preparation of the City's Water Supply Facilities Work Plan. The City will participate in updates to SJRWMD's water supply assessment, regional water supply plan, and other water supply development -related initiatives facilitated by SJRWMD that affect the City. PelieyPOLICY PW -1.3.24 The City's Water Supply Facilities Work Plan shall be adopted as an Appendix to the Data and Analysis of the Infrastructure Element and be updated at a minimum every five years, within 18 months of an adopted update to SJRWMD's regional water supply plan that affects the City. The work plan identifies existing and projected water use and existing potable water sources, evaluates and updates the City's conservation and reuse INFRASTRUCTURE ELEMENT Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" efforts and identifies capital improvement projects necessary to meet the needs of existing and projected development. Policy PW 3.3 The Pa Wth2r sub clrwnrt is it It a u to the Regional Withal al rrrpply Plirr�. NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT GOAL AR -1 Assure that as much surface water as possible is allowed to percolate to recharge the shallow aquifer through the protection and use of recharge areas and natural drainage features. OBJECTIVE AR -1.1 Assure that, to the extent feasible, stormwater is allowed to percolate for recharge of the shallow aquifer through the protection and use of recharge areas and natural drainage features. The measurement of this Objective is the level of the aquifer plus the degree to which the following Policies are implemented. PelicyPOLICY AR -1.1.1 The City shall regulate land use and development to protect the functions of natural drainage features and groundwater aquifer recharge areas. This Policy will be carried out, in part, by the City's enforcement of its Stormwater Management Ordinance for retention and detention of stormwater and its land use regulations. PelicyPOLICY AR -1.1.2 The City shall cooperate with Brevard County in enforcement of the ordinance requiring recirculation of water for heat pumps which are connected to wells. POLICY AR -1.1.3 The City shall coordinate its review of development proposals with the City of Cocoa when there may be a potential for impact to either or both the surficial or Floridan aquifers. INFRASTRUCTURE ELEMENT Page 10 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "B" RENEWABLE AND ALTERNATIVE ENERGY SOURCES SUB - ELEMENT GOAL RA -1 Cape Canaveral shall strive to become a more sustainable and energy efficient City of the 21St century. Objective -OBJECTIVE RA -1.1 The City will encourage green building standards and meet more of its energy needs by relying on the use of renewable and alternative energy sources. PeliPOLICY RA -1.1.1 The City shall encourage the use of renewable and alternative energy sources in all new construction. LEED certification shall be explored for municipal projects and encouraged for private developments. 1 PelieyPOLICY RA -1.1.2 The City shall draft land development regulations that support the location and use of renewable and alternative energy sources. INFRASTRUCTURE ELEMENT Page 11 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "C" City of Cape Canaveral Comprehensive Plan COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "C" Goa1GOAL CM -1 Provide for the preservation and conservation of the City's coastal resources so that the economic, social and/ or aesthetic value which these resources provide to the community are not destroyed and are available to future generations. Ob}ective-OBJECTIVE CM -1.1 The City shall protect, conserve, or enhance the two remaining coastal wetlands, living marine resources, coastal barriers, and wildlife habitat. The measurement of this objective is the extent to which these resources are protected, conserved or enhanced and the degree to which the following Policies are implemented. PelicyPOLICY CM -1.1.1 The City shall develop guidelines to protect, conserve, and, where possible, seek restoration of the vital areas of the coastal zone, including, as appropriate, wetlands, water quality, water quantity, wildlife habitat, living marine resources (such as manatees), and beach and dune systems. The City shall promote protection of environmentally sensitive areas, beach preservation and tree protection. PelicyPOLICY CM -1.1.2 The City shall provide for development which is consistent with resource tolerance, carrying capacity and the ability of the City to efficiently provide and maintain necessary services as set out in other Elements. PelieyPOLICY CM -1.1.3 The City shall continue to work with County, State and Federal governments in maintenance, restoration, and enhancement of the overall quality of the coastal environment, including but not limited to, its amenities and aesthetic values. PelleyPOLICY CM -1.1.4 The City shall work with County, State and Federal governments in the orderly and balanced utilization and preservation, consistent with sound conservation principles, of all living and non -living coastal zone resources. PelyPOLICY CM -1.1.5 The City shall identify and implement methods of avoiding irreversible and irretrievable commitments of coastal zone resources. Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "C" PeyPOLICY CM -1.1.6 In cooperation with state and federal regulatory agencies and private developers, the City shall monitor development in those areas with overriding environmental limitations to development. PeHcyPOLICY CM -1.1.7 The City shall make sure that it has an effective ordinance for the control of noxious exotic plants in the coastal zone, including the following noxious species: Causarina cunninghamians Causarina glauca Causarina equisetifolia Dioscorea bulbifera Melaleuca quinquenervis Rincinus communis Sansevieria hyuacinthoides Schinus terebinthifolius ObjectiveOBTECTIVE CM -1.2 (Beefwood) (Scaley-bark Beefwood) (Australian Pine) (Devil's Potato) (Punk Tree or Cajeput) (Castor Bean) (African Bowstring) (Brazilian Pepper) The City shall take action in an effort to maintain or improve estuarine environmental quality. The measurement of this Objective is the quality of the estuarine environment and the degree to which the following Policies are implemented. 1 PoIiyPOLICY CM -1.2.1 The City shall work toward limiting the specific and cumulative impacts of development and redevelopment upon wetlands, water quality, water quantity, wildlife habitat, and living marine resources, and beach and dune systems. I PetieyPOLICY CM -1.2.2 The City shall enforce its ordinances which minimize man -induced sedimentation, excessive freshwater runoff, and other non -point pollution sources. Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "C" I PelieyPOLICY CM -1.2.3 The City shall maintain and enforce its Stormwater Management Ordinance in an effort to maintain or reduce the current level of stormwater runoff. ObjectiveOBTECTIVE CM -1.3 The City shall maintain criteria and/or standards for prioritizing shoreline uses, giving priority to water -dependent uses, particularly those consistent with existing shoreline uses. The measurement of this Objective is the development and adoption of such criteria and/or standards. 1 PPOLICY CM -1.3.1 The City shall establish priorities for shoreline uses, providing for siting of water - dependent and water -related uses; establish performance standards for shoreline development; and establish criteria for marina siting which address: land use compatibility, availability of upland support services, existing protective status or ownership, hurricane contingency planning, protection of water quality, water depth, environmental disruptions and mitigation actions, availability for public use, and economic need and feasibility. 1 PelPOLICY CM -1.3.2 The City shall review, update (if necessary) and enforce hazard mitigation regulations relating to building practices; floodplain use; beach and dune alteration; stormwater management; sanitary sewer and septic tanks; and land use; and the City shall adopt the recommendations of the hazard mitigation annex of the local peacetime emergency plan and applicable existing interagency hazard mitigation reports --all with the underlying rationale of reducing the exposure of human life and property to natural hazards. 1 PePOLICY CM -1.3.3 The City shall adopt regulations through the Land Development Code to enhance current standards to manage shoreline erosion. 0bj+etiveOBTECTIVE CM -1.4 The City shall develop measures for protection of beaches and dunes, establish construction standards which minimize the impacts of man-made structures on beach and dune systems, and work toward restoration of altered beaches and dunes. The measurement of this Objective is the development of such measures and the extent to which beaches and dunes are protected and/or restored and the development of standards to minimize the impacts of man-made structures on the beach and dune systems plus the degree to which the following Policies are implemented. Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "C" Pe1icyPOLICY CM -1.4.1 The City shall closely monitor beachfront development to insure to the greatest extent possible that the dune system is preserved as a natural buffer to storm surge. I PelicyPOLICY CM -1.4.2 In areas where beaches and dunes are being eroded, the City shall encourage and support a multi -jurisdictional approach to stabilization and restoration projects, preferably utilizing native vegetation as the stabilizing medium. Pel-ie-yPOLICY CM -1.4.3 The City shall continue to enforce the coastal construction control line law and shall assure that projects within its area of jurisdiction abide by the setback requirements. I Pel-icyPOLICY CM -1.4.4 No new construction shall be allowed that threatens the stability of either the dune systems or the beach itself. Land development projects in beach areas east of S.R.- A1A should provide for dune stabilization and preservation. In all cases, existing dune vegetation should be preserved to the maximum extent feasible. PeyPOLICY CM -1.4.5: The City shall continue to prohibit motorized vehicles from operating on the dune system except in emergency situations. I PelicyPOLICY CM -1.4.6 The City should continue to work with the Canaveral Port Authority actively mitigate impacts of Port operations on the City's beaches. ObjectiveOBTECTIVE CM -1.5 The City shall limit public expenditures that subsidize development permitted in coastal high -hazard areas, except for restoration or enhancement of natural resources. The measurement of this Objective is the extent to which public expenditures are limited in coastal high -hazard areas except in the case of restoration or enhancement of natural resources and the degree to which the following Policy is implemented. I PelicyPOLICY CM -1.5.1 The City shall incorporate a provision to implement the above Objective in its Land Development Regulations. Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "C" ObjecIIveOBTECTIVE CM -1.6 The City shall direct population concentrations away from known or predicted coastal high -hazard areas. The measurement of this Objective is the extent to which population concentrations are directed away from the coastal high -hazard area and the degree to which the following Policy is implemented. I PeI cyPOLICY CM -1.6.1 Through the Future Land Use Plan and the City's zoning ordinance, the City shall discourage development in the coastal high -hazard areas; however, relocation or replacement of existing infrastructure away from these areas shall only be required in an emergency situation where it is economically feasible to do so. The Coastal High Hazard Area (CHHA) is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Obleetive0BTECTIVE CM -1.7 The City shall work toward reducing its local hurricane evacuation times based upon the Brevard County's Comprehensive Emergency Management Plan. The measurement of this Objective is the length of time required for evacuation in the event of a major storm requiring evacuation plus the degree to which the following Policies are implemented. 1 Pekc-yPOLICY CM -1.7.1 The City shall stress to the public the importance of early and orderly evacuation in the event of a major storm requiring such evacuation. 1 PePOLICY CM -1.7.2 The City shall maintain and update, as required, its list of persons requiring help during evacuation. PeyPOLICY CM -1.7.3 The City shall limit development if it would unreasonably increase hurricane evacuation times. I PelicyPOLICY CM -1.7.4 The City shall coordinate hurricane evacuation procedures and disaster mitigation with Brevard County and neighboring communities. Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "C" ObjectiveOBTECTIVE CM-1.8 The City shall prepare a post -disaster redevelopment plan which will reduce the exposure of human life and public and private property to natural hazards. The measurement of this Objective is the development of a post -disaster redevelopment plan plus the degree to which the following Policies are implemented. PelicyPOLICY CM -1.8.1 The City shall establish a mechanism for obtaining input on this matter from affected property -owners, the general public, public officials, and experts which will involve meetings among these persons and a means to develop recommendations leading to the preparation of the post -disaster redevelopment plan. PelicyPOLICY CM -1.8.2 The City shall use the following as the guiding principle for its post -disaster redevelopment plan: Reducing the exposure of human life and property to natural hazards. PelicyPOLICY CM -1.8.3 The City's post -disaster redevelopment plan shall include policies to: distinguish between short-term and long-term reconstruction needs; facilitate the removal, relocation or structural modification of damaged infrastructure and structures; limit redevelopment in areas of repeated damage; and facilitate the adoption of recommendations of interagency hazard mitigation reports into the Comprehensive Plan. Qb}eetiveOBTECTIVE CM -1.9 The City shall strive to increase the amount of public access to the beach or shoreline consistent with estimated public need. The measurement of this Objective is the number of additional public access points to the beach and/or shoreline of the Banana River plus the degree to which the following Policies are implemented. PelicyPOLICY CM -1.9.1 The City shall evaluate the number, type, and location of existing shoreline access points to determine if more are needed and how they will be financed. PelyPOLICY CM -1.9.2 The City shall continue to encourage public access at the time of development of the areas along the beach. Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "C" PelieyPOLICY CM -1.9.3 The City shall enforce public access to beaches renourished at public expense. 1 PelieyPOLICY CM -1.9.4 The City shall continue to enforce the public access requirements of the Coastal Zone Protection Act of 1985. I PelicyPOLICY CM -1.9.5 The City shall provide transportation or parking facilities for beach and river shoreline access, to the extent feasible. ObjeetiveOBTECTIVE CM -1.10 The City shall provide for protection, preservation, or sensitive reuse of historic resources, as these are identified within the City. The measurement of this Objective is the extent to which historic resources are protected, preserved or reused in a sensitive mariner and the degree to which the following Policies are implemented. 1 ' POLICY CM -1.10.1 The City shall pursue sources to fund an archeological survey to determine historically significant sites in need of protection. I PelieyPOLICY CM -1.10.2 As historic resources are identified, the City shall develop criteria for protection of historic resources, including establishment of performance standards for development and sensitive reuse. 1 PelieyPOLICY CM -1.10.3 The City shall maintain a list of historic resource sites to be used to cross-check against proposed development. Qbj-eetiveOBTECTIVE CM -1.11 The City shall establish level of service standards, areas of service and phasing of infrastructure in the coastal area. The measurement of this Objective is the availability of infrastructure when needed, plus the degree to which the following Policies are implemented. 1 PelieyPOLICY CM -1.11.1 The City shall require developers to finance and install water and sewer lines, drainage facilities and local streets to serve development as it occurs, consistent with concurrency management. Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "C" PoHcyPOLICY CM -1.11.2 The City shall ensure that required infrastructure is available to serve the development in the coastal area at the densities proposed by the Future Land Use Plan, consistent with coastal resource protection and safe evacuation, by assuring that funding for infrastructure will be phased to coincide with the demands generated by development or redevelopment. 1 PelicyPOLICY CM -1.11.3 Though no area of the City presently requires redevelopment, if and when such conditions emerge, the City shall identify the redevelopment area and work towards eliminating any unsafe conditions and inappropriate uses therein. Objective0B CM -1.12 The City shall work with County, State and Federal governments in protecting the environment in the coastal zone. The measurement of this Objective is the degree to which such collaboration takes place, including the extent to which the following Policy is implemented. 1 PeHyPOLICY CM -1.12.1 The City shall coordinate with area resource protection plans such as aquatic preserve management plans, and the Surface Water Improvement and Management (SWIM) program administered by the St. Johns River Water Management District. POLICY CM -1.12.2 The City will ensure that any stormwater management, aquifer recharge, and water reuse policies and projects are consistent with the Goals of the STRWMD's Indian River Lagoon Basin program, including its Comprehensive Conservation Management Plan, to restore and protect the Indian River Lagoon through the enhancement of water duality and natural systems in the basin. POLICY CM -1.12.3 The City will ensure that any new regulation to protect water resources is consistent with STRWMD's environmental resource -permitting and consumptive permitting use permitting rules. POLICY CM -1.12.4 The City will promote and encourage the use of low impact development techniaues (such as the Florida Water Stars"' program, which is a point based, new home certification program for water -efficient developments, similar to the Federal Energy Star program). Coastal Management Element Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "D" The City of Cape Canaveral Comprehensive Plan INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES and POLICIES INTERGOVERNMENTAL COORDINATION ELEMENT Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "D" GOAL IG -1 The City shall participate in coordinated activities with State, County, Regional and adjoining community governments in order to better provide for the public health, safety and welfare of its inhabitants. Of eeI eOBTECTIVE IG -1.1 The City shall coordinate its planning efforts with the plans of school boards, other units of local government providing services but not having regulatory authority over the use of land, and with the planning efforts of Cocoa Beach, Cocoa, Brevard County, the Canaveral Port Authority, the East Central Florida Regional Planning Council, and the State of Florida. The measurement of this Objective shall be the degree to which the following Policies are implemented. PekeyPOLICY IG -1.1.1 The City shall request the review of plans of others to ensure compatibility between uses within Cape Canaveral and areas immediately adjacent to the Cape Canaveral city limits. PelicyPOLICY 1G-1.1.2 The City shall review policies of the State, regional entities and Brevard County to encourage conformance of the City's Plan with those of these other governments. PelieyPOLICY IG -1.1.3 The City shall exchange planning information on a regular basis with the City of Cocoa Beach, the City of Cocoa, Brevard County, the Brevard County Housing Authority, the Brevard County School Board, and any other units of local government providing services in the City but not having regulatory authority over the use of land therein. ObfeetheOBTECTIVE IG -1.2 The City shall cooperate with any state, regional or local entity having operational and maintenance responsibility for public facilities within Cape Canaveral in establishing level -of -service standards for those facilities. The measurement of this Objective is the degree to which the following Policies are implemented. Pe1icyPOLICY IG -1.2.1 The City shall cooperate with the Florida Department of Transportation (FDOT) in establishing level -of -service standards for State highways within the City. Level of service standards for roadway facilities on the Strategic Intermodal System must be consistent with FDOT standards. Standards must consider compatibility with adjacent jurisdictions. Furthermore, the City shall work towards greater communication with the FDOT on transportation and growth management issues. INTERGOVERNMENTAL COORDINATION ELEMENT Page 2 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "D" PelleyPOLICY IG -1.2.2 The City shall cooperate with the City of Cocoa in establishing level -of -service standards for Cocoa's water system within Cape Canaveral and shall consult with the City of Cocoa prior to issuing a building permit to ensure adequate water supplies and potable water facilities will be available to serve new development by the date of issuance of a certificate of occupancy. PoIicyPOLICY IG -1.2.3 When conflicts occur between Cape Canaveral and other governmental entities, Cape Canaveral shall consider the use of the Regional Mediation Process in resolving such conflicts. 1 PeyPOLICY IG -1.2.4 The City shall coordinate any proposed or requested annexations with Cocoa Beach and/or Brevard County. 1 PelicyPOLICY IG -1.2.5 When development within Cape Canaveral is proposed adjacent to the city limits, the City shall review the proposed development in relationship to the existing comprehensive plans of adjoining governments. 1 P-elyPOLICY IG -1.2.6: The City shall, where practicable, coordinate the management issues concerning the Banana River and the Atlantic Ocean with other governing bodies bordering on said river and ocean. 1 PelieyPOLICY IG -1.2.7 The City will share information on level -of -service issues with the following entities: Canaveral Port Authority (for drainage, reclaimed water, and transportation), Cocoa Beach (for recreation, drainage, reclaimed water,_and transportation), Brevard County (for solid waste and transportation), ECFRPC (for planning assistance), City of Cocoa (for potable water), and FDOT (for transportation). Objee iveOBTECTIVE IG -1.3 The City shall, through coordination with adjacent units of local government, including Brevard County and the Canaveral Port Authority, and coordination with regional entities such as the ECFRPC and the SJRWMD, and coordination with State agencies, facilitate the mutual consideration of the impacts of development proposed in this Plan. The measurement of this Objective is the degree to which the following Policies are implemented. INTERGOVERNMENTAL COORDINATION ELEMENT Page 3 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "D" PoHcyPOLICY IG -1.3.1 The City shall ensure that the coordination entities cited in Objective IG -3 are made aware of the contents of this Plan as far as proposed development is concerned, and the City shall be receptive to comments from those entities concerning the impacts of the proposed development. POLICY IG -1.3.2 The City shall issue no development orders or permits without first consulting with the City of Cocoa (the City's potable water service provider) to determine whether adequate water supplies to serve the development will be available no later than the anticivated date of issuance by the City of a certificate of occupancy or its functional equivalent. The City will also ensure that adequate water supplies and facilities are available and in Place prior to issuing a certificate of occupancy or its functional equivalent. POLICY I0-1.3.3 The City will maintain a water supply facilities work plan that is coordinated with STRWMD's District Water Supply Plan and the City of Cocoa by updating its own work plan within 18 months of an update to STRWMD's District Water Supply Plan that affects the City. POLICY I0-1.3.4 The City will participate in the development of updates to STRWMD's Water Supply assessment and District Water Supply Plan and in other water supply development related initiatives facilities by the STRWMD that affects the City. PelicyPOLICY IG -1.3.52 The City shall discuss and share information on infrastructure services regarding proposed development with the Canaveral Port Authority (drainage, reclaimed water, and transportation), Cocoa Beach (recreation, drainage, reclaimed water, and transportation), Brevard County (solid waste and transportation), ECFRPC (planning assistance), City of Cocoa (potable water), and FDOT (transportation). Pe1ieyPOLICY IG -1.3.36 The City's comprehensive plan shall coordinate with and follow the direction of SJRWMD's Regional Water Supply Plan. The comprehensive plan will be amended within 18 months of an adopted update to the Regional Water Supply Plan. ObjectiveOBTECTIVE IG -1.4: The City shall pursue creation of the administrative and financial mechanisms necessary to achieve the goals and objectives of the City of Cape Canaveral 2007 Redevelopment Plan. INTERGOVERNMENTAL COORDINATION ELEMENT Page 4 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "D" Pe1icyPOLICY IG -1.4.1: The City shall pursue creation of a Community Redevelopment Agency (CRA) to provide a funding source and a plan for redevelopment of commercial and residential properties. Federal and State Brownfields designations will also be pursued where appropriate. Pe1icyPOLICY IG -1.4.2: The City shall develop a City "brand" or identifiable character which represents the core values of the community and creates an image consistent with the City's Vision Statement. 1 PelieyPOLICY IG -1.4.3: The City shall identify and evaluate the various City Boards and how they interact and overlap with each other. Goal GOAL IG -2 The City shall establish and maintain a cooperative relationship with the Brevard County School Board to provide an effective joint planning process including procedures to coordinate land use planning with the development of school facilities including public school siting, population projection calculations, and the provision of public schools concurrently with residential development and infrastructure. Q}ectiveOBTECTIVE IG -2.1: The City shall establish coordination mechanisms with the School Board to achieve a collaborative effort to identify school needs, provide for schools facilities, and implement school concurrency using consistent supporting data and analysis. Pe1icyPOLICY IG -2.1.1 In cooperation with the School Board, the City shall adopt and implement the interlocal agreement as required by Sections 163.31777 and 1013.33 F.S., which includes procedures for: a) Coordinating and sharing information b) Placement of schools and ancillary facilities c) Amendment and review of the Comprehensive Plan d) Site design and development plan review INTERGOVERNMENTAL COORDINATION ELEMENT Page 5 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "D" e) Joint development of schools, parks and other uses f) Implementation of school concurrency g) Implementation of Interlocal Agreement amendments h) Resolution of disputes PelyPOLICY IG -2.1.2 The City shall participate as members of School Board committees listed in the Interlocal Agreement to assist with the coordination of school placement, review of School Board data, provision of determinations of impact fee fund distribution and review of proposed school concurrency amendments to local government comprehensive plans 1 Pe1icyPOLICY IG -2.1.3 The City shall review School Board data and share development information, population projections and infrastructure availability information with the School Board consistent with the procedures provided in the Interlocal Agreement. Pel-ieyPOLICY IG -2.1.4 The City shall provide the School Board with applications for new development in accordance with the provisions in the Interlocal Agreement. 1 PeticyPOLICY IG -2.1.5: The City shall coordinate with the School Board regarding the Board's appointment of a non- voting member to the Planning and Zoning Board. Objective0BIECTrVE IG -2.2: The City shall adopt regulations necessary to implement school concurrency. PelicyPOLICY IG -2.2.1 The city shall adopt regulations necessary to implement school concurrency no later than the date of issuance by the State Department of Community Affairs of a Notice of Intent to find the Public School Facilities Element in compliance. INTERGOVERNMENTAL COORDINATION ELEMENT Page 6 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "E" City of Cape Canaveral Comprehensive Plan CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES and POLICIES CAPITAL IMPROVEMENTS ELEMENT Page 8 Amended November 19, 2013 1 1 1 Ord. No. 12-2013, Exhibit "E" GOAL CI -1 The overall goal for the Capital Improvements Element of the City of Cape Canaveral is to provide a program to coordinate the timing and to prioritize the provision of capital improvements which support the goals, objectives and policies of the City's Comprehensive Plan and encourage efficient and fiscally -sound utilization of public facilities; this includes the principle that the Capital Improvements Element is to serve as a tool for decision-making by the City government. Objective OBJECTIVE CI -1.1 The City shall utilize the Capital Improvements Element as a tool to ensure that capital facilities are made available in a timely manner to satisfy existing deficiencies, accommodate infrastructure needs for planned future growth, and replace obsolete or worn-out facilities. The measurement of this Objective is the degree to which the following Policies are implemented. Ply -POLICY CI -1.1.1 A Five -Year Schedule of Capital Improvements shall be prepared and adopted in the Comprehensive Plan. The Capital Improvements Element, including the 5 -Year Schedule of Capital Improvements, shall be updated on an annual basis. The annual update is to be reflected by amendment to the Comprehensive Plan which must be adopted by December 1 of each year. PeficyPOLICY CI -1.1.2 The City shall accommodate the public facility needs of new growth on an ongoing basis. PeyPOLICY CI -1.1.3 The City shall evaluate public facilities necessary to correct existing deficiencies and to provide for future growth by determining the capacity of existing and planned facilities to meet the needs of new development. This evaluation shall employ the level -of -service standards adopted in the Comprehensive Plan for sanitary sewer, traffic circulation, drainage, recreation and open space. These level -of -service standards are as follows: A. RECREATION: * Parks: two acres /1000 population for all parks. * Open Space: one acre/1000 population B. SANITARY SEWER: 118 gallons per person per day CAPITAL IMPROVEMENTS ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "E" C. DRAINAGE: retention of the first inch of rainfall for new developments, and a design storm of 5 -year frequency and one hour duration with rainfall of 3 inches per hour and removal of excess water within 3 hours of the event. D. SOLID WASTE: 8.52 lbs. per capita per day. E. TRAFFIC CIRCULATION: minimum level -of -service standard "E", with desired level -of -service standard "C"; plus use of "interim" level -of -service standard as defined in Policy T-1.2 in event of an "F" condition. F. POTABLE WATER: * Consumption standard: 264 gallons per household per day. * Pressure standard: 60 psi. G. The uniform, district -wide level of service standard for permanent capacity, based on the Florida Inventory of School Houses (FISH) capacity, is as follows: TIERED LEVEL OF SERVICE BY SCHOOL YEAR Facility 2007-08 2008-09 2009-10 2010-11 2011-12 Type Elementary 127% 130% 115% 105% 100% Middle 122% 120% 100% 100% 100% Schools Jr. High 133% 135% 110% 105% 100% High 139% 130% 115% 100% 100% Note: See analysis of the Public School Facilities Element for detailed information on LOS Standards. POLICY CI -1.1.4 The City shall employ the usual policies and procedures of its legislative, administrative and fiscal system to ensure that the City's share of funds for the capital improvements specified in the Capital Improvements Schedule and Budget and included in the Annual Capital Improvements Budget are identified, made available, authorized, appropriated, and expended for the intended purposes. POLICY CI -1.1.5 CAPITAL IMPROVEMENTS ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "E" The City shall allocate costs of new public facilities according to benefits received by existing and future residents. Objective OBJECTIVE CI -1.2 The City shall adopt an Annual Capital Improvements Budget as a part of its annual budgeting process which is consistent with the Capital Improvements Schedule and Budget of this Element. The measurement of this Objective is the extent to which it is accomplished and the degree to which the following Policies are implemented. POLICY CI -1.2.1 Annually, the City shall prioritize traffic circulation improvements based upon its established level -of -service standards, and the City shall consider the following factors: the volume -to -capacity ratio of each City roadway; the roadways based upon the established level -of -service standard and the highest volume -to -capacity ratio shall be ranked highest for improvements. Transportation facilities are subject to concurrency in accordance with the City's Concurrency Management System. The City shall use professionally accepted techniques for measuring level -of -service for automobiles, bicycles, pedestrians, transit, and trucks. POLICY CI -1.2.2 Drainage improvements shall be identified and ranked based upon a drainage system condition. The drainage improvements will receive a ranking according to facility deficiencies measured by the applicable level -of -service standard. POLICY CI -1.2.3 The City shall rank sanitary sewer and water facility improvements based upon the following factors: established level -of -service standards; locational criteria of the Future Land Use Element; the degree to which they eliminate public health hazards; the degree to which they improve the treatment levels for pollutants; and the degree to which they protect the natural environment. The highest funding priority shall be given to projects addressing facility needs for development approvals awarded prior to adoption of the Comprehensive Plan. POLICY CI -1.2.4 The City shall rank recreation and open space facilities based upon their ability to attain or maintain the established level -of -service standard; the degree to which they promote the efficient operation of existing facilities; and the degree to which they eliminate handicapped -access problems. Factors for prioritization are: facilities which will correct the greatest facility deficiencies based upon the established level -of -service standard will be given the highest ranking; facilities addressing the operation and maintenance of existing facilities shall be given the next highest ranking. CAPITAL IMPROVEMENTS ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "E" POLICY CI -1.2.5 The City shall insure that the Annual Capital Improvements Budget Contains all of the City's capital improvements for which funding is needed during the year in question, including, but not limit to, the items in the Capital Improvements Schedule of the Comprehensive Plan. POLICY CI -1.2.6 The City shall adhere to the following debt management criteria; the ratio of total debt service to total revenue shall not exceed .1, or 10%; the ratio of total capital debt to the taxable portion of the tax base shall not exceed .1, or 10%; there shall be no limitation on the use of revenue bonds as a percentage of bonded debt. Objective -OBJECTIVE CI4.3 The City shall ensure that its public facility expenditures do not unnecessarily subsidize development in high -hazard coastal areas, except for expenditures for public land acquisition or enhancement of natural resources. The measurement of this Objective is the degree to which public facility expenditures are restricted in high -hazard coastal areas, plus the extent to which the following Policies are implemented. POLICY CI -1.3.1 The City shall not locate public infrastructure (other than public recreation, open space, conservation, or coastal access facilities) within the high -hazard coastal zone unless there is no alternative. POLICY CI -1.3.2: The City shall require developers in high -hazard coastal areas to provide sanitary sewer, water, drainage, and circulation facilities for new development, thereby reducing the amount of public funds needed for such improvements. POLICY CI -1.3.3 The City shall insure that prior to City approval, all development proposed for coastal high -hazard areas meets FDEP requirements. Objective OBEJCTIVE CI -1.4 The City shall provide the public facilities and the funding required for future growth and redevelopment and that new growth pays for its fair share of these facility costs. The measurement of this Objective is the implementation of LOS standards and the degree to which all users pay their fair share of public facility costs. POLICY CI -1.4.1 The City shall continue to enforce its adopted impact fee ordinances for sanitary sewer and fire protection. CAPITAL IMPROVEMENTS ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "E" POLICY CI -1.4.2 The City shall continue to require that developers provide the on-site facilities for sanitary sewer, water, drainage, and transportation for their developments. POLICY CI -1.4.3 The City shall consider whether other types of impact fees are necessary and appropriate (e.g., transportation or recreation impact fees). POLICY CI -1.4.4 The City will maintain a water supply facilities work plan that is coordinated with STRWMD's District Water Supply Plan and the City of Cocoa by updating its own work plan within 18 months of an update to STRWMD's District Water Supply Plan that affects the City. Policy CI -1.4.5 The City of Cape Canaveral recognizes that it relies upon the City of Cocoa for the provision of potable water for its residents, businesses and visitors, and as such the City is within the STRWMD's jurisdiction and that the continued supply of potable water will be dependent upon all Local governments striving to maintain demand for potable water at sustainable levels. As such, the City will: A. Continue to maintain relationships with the STRWMD and the City of Cocoa to maintain or reduce potable water consumption through education, conservation, and participation in ongoing programs of the region, county, and city including coordinating local conservation education efforts with the STRWMD and the City of Cocoa programs. B. Require landscaping in all new development or redevelopment to use waterwise landscaping and irrigation standards and require functioning rain -sensor devices on all automatic irrigation systems on both new and existing systems. C. Recognizing that the City is located in an area that the STRWMD identifies as a "priority water resource caution area", the City shall maintain community per capita usage of potable water at or below 120 gallon per capita per day (gpcpd) and will continue to work together with the City of Cocoa and the STRWMD to reduce demand within the City for potable water. D. The City shall inform residents and businesses of, and shall encourage their participation in the City of Cocoa's water conservation prog rams such as the toilet rebate program. Policy CI -1.4.6 The City of Cape Canaveral recognizes that the City of Cocoa provides their potable water and although no capital improvement projects are necessary within the City of Cocoa, or for which the City of Cape Canaveral will be financially responsible in connection with supply of potable water to the City and its businesses and residents, the City of Cape Canaveral will support and coordinate with the City of Cocoa, as CAPITAL IMPROVEMENTS ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "E" necessary, to assist in the implementation of the potable water Capital Improvements projects. GOAL CI -2 The City shall support the Brevard County School Board in its efforts to provide a financially feasible public school facilities program. Objective OBJECTIVE CI -2.1 The City shall coordinate with the School Board in its efforts to address existing deficiencies and future needs consistent with the adopted level of service standards for public schools. POLICY CI -2.2.1 By December 1, 2008, The City of Cape Canaveral shall adopt as part of its Capital Improvements Element the Brevard County School Districts Five Year Work Program approved by the School Board May 13, 2008 as part of the School District Budget. The Five Year Work Program includes planned facilities and funding sources to ensure a financially feasible capital improvements program and to ensure the level of service standards will be achieved by the end of the five-year period. And by December 1 of each year thereafter, the City will adopt the annually updated School District Five Year Work Program as part of its Capital Improvements Element. POLICY CI -2.2.2 Proportionate Share - The City shall coordinate with the School Board as provided in the adopted interlocal agreement to ensure that future development pays a proportionate share of the costs of capital facility capacity needed to accommodate new development, and to assist in maintaining the adopted level of service standards via impact fees and other legally available and appropriate methods. CAPITAL IMPROVEMENTS ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "F" City of Cape Canaveral Comprehensive Plan PUBLIC SCHOOLS FACILITIES ELEMENT GOALS, OBJECTIVES and POLICIES PUBLIC SCHOOLS FACILITIES ELEMENT Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "F" CHAPTER 9 ILITIE ELKIVIENT Page 19 st 9-1f PUBLIC SCHOOLS FACILITIES ELEMENT Page 2 Amended November 19, 2013 1 Ord. No. 12-2013, Exhibit "F" GOALrOBJEMITEE, AND-POLICIES PS-1 TO PROVIDE A PUBLIC SCHOOL SYSTEM THAT OFFERS A HIGH QUALITY EDUCATIONAL ENVIRONMENT, PROVIDES ACCESSIBILITY FOR ALL OF ITS STUDENTS, AND ENSURES ADEQUATE SCHOOL CAPACITY TO ACCOMMODATE ENROLLMENT DEMAND WITHIN A FINANCIALLY FEASIBLE SCHOOL DISTRICT'S FIVE-YEAR CAPITAL FACILITIES WORK PROGRAM. Objeetiv-e0BJECTIVE PS -1.1 Maintain adequate school facilities in Brevard County Schools by adopting a concurrency management system to address the need for correction of school facility deficiencies through a tiered level of service for the short and long term planning periods. 1 PolieyPOLICY PS -1.1.1 To ensure that the capacity of all schools is sufficient to support student growth at the adopted LOS for the five-year planning period and trough the long term planning period for each CSA, the Parties hereby establish a Tiered LOS to achieve the adopted LOS. Upon achieving the LOS standard of 100% of permanent FISH capacity, by school year 2011- 2012, the Tiered LOS will be terminated. i TIERED LEVEL OF SERVICE - SCHOOL YEAR 2007-08 to 2011-12 1 Facility Type 2007-08 2008-09 2009-10 2010-11 1 2011-12 Elementary Schools 127% 130% 115% 105% 1 100% Middle Schools 122% 120% 100% 100% Junior / Senior High Schools 133% 135% 1 110% 105% 100% High Schools 139% 130% 1 115% 100% 100% Source: Kimley-Horn and Associates, Inc. 2007 1 PoPOLICY PS -1.1.2 Cape Canaveral hereby adopts the School Board's current public school attendance boundaries, as the Concurrency Service Areas (CSA). 1 Po1ieyPOLICY PS -1.1.3 Concurrency shall be measured and applied using a geographic area known as a Concurrency Service Area (CSA) which shall coincide with the school attendance boundaries, as adopted by the School District. Either Cape Canaveral or the School District may propose a change to the CSA boundaries. The following procedures shall be used for modifying a CSA map: PUBLIC SCHOOLS FACILITIES ELEMENT Page 3 Amended November 19, 2013 I Ord. No. 12-2013, Exhibit "F" A. The School District will transmit a proposed CSA map modification with data and analysis to support the change to the Cities, the County, and the Capital Outlay Committee (COC). Any proposed change to a CSA shall require a demonstration by the School District that the change complies with the public school LOS standard and that utilization of school capacity is maximized to the greatest extent possible. B. Cape Canaveral and the COC will review the proposed modification of the CSA and send their comments to the School District within 45 days of receipt of the proposed change. C. State transportation costs, court approved desegregation plan, and other relevant factors must be considered when ensuring the maximum utilization of school capacity when considering a change to a concurrency service area. D. The modification of a CSA shall be effective upon adoption by the School Board. 1 P-oPcyPOLICY PS -1.1.4 The Parties shall observe the following process for changes in the use of schools: 1. At such time as the School District determines that a school change is appropriate considering the appropriate use of the school and utilization requirements, the School District shall transmit the proposed school change in use and data and analysis to support the changes to the Capital Outlay Committee and the Staff Working Group. 2. The Capital Outlay Committee and the Staff Working Group shall review the proposed changes to the school use and send their comments to the School District within forty five (45) days of receipt. 3. The change in school use shall become effective upon final approval by the School Board. I ObjeetiveOBJECTIVE PS -1.2 Cape Canaveral shall ensure a school concurrency evaluation shall be performed by the Brevard County School District to review projected residential development in order to accommodate new students at the adopted level of service for adequate school facility capacity. 1 Pol ieyPOLICY PS -1.2.1 Cape Canaveral shall not approve any non-exempt residential development application for a new residential preliminary plat, site plan or functional equivalent until the School District School has issued a School Capacity Availability Determination Letter (SCADL) verifying available capacity. PUBLIC SCHOOLS FACILITIES ELEMENT Page 4 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "F" I PolieyPOLICY PS -1.2.2 Cape Canaveral shall consider the following criteria to exempt residential uses from the requirements of school concurrency: Criteria: A. Single family lots of record, existing at the time the school concurrency implementing ordinance becomes effective. B. Any new residential development that has a preliminary plat or site plan approval or the functional equivalent for a site specific development order prior to the commencement date of the School Concurrency Program. C. Any amendment to any previously approved residential development that does not increase the number of dwelling units or change the type of dwelling units (single-family to multi -family, etc.). D. Age restricted communities with no permanent residents under the age of 18. Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. PolieyPOLICY PS -1.2.3 Cape Canaveral, through its land development regulations, and in conjunction with the School District, shall establish a school concurrency review process for all residential projects that are not exempt under Policy PS -1.2.2. The minimum process requirements are described below: A. A residential development application including a School Impact Analysis (SIA) is submitted to the city for review. B. Cape Canaveral determines that the application is complete for processing and transmits the SIA to the School District for review. C. The School District reviews the application for available capacity and issues a School Capacity Availability Determination Letter (SCADL) to the city: 1. If capacity is available within the affected CSA, the School District shall issue a SCADL verifying available capacity. 2. If capacity is not available within the affected CSA, contiguous CSAs are reviewed for available capacity. 3. If capacity is available in the contiguous CSAs, the School PUBLIC SCHOOLS FACILITIES ELEMENT Page 5 Amended November 19, 2013 1 Ord. No. 12-2013, Exhibit "F" District shall issue a SCADL verifying available capacity in the adjacent CSAs. 4. If capacity is not available in the contiguous CSAs, the School District shall issue a SCADL indicating the development is not in compliance with the adopted LOS and offers the developer a 90 -day negotiation period for mitigation. PolieyPOLICY PS -1.2.4 Cape Canaveral in conjunction with the School District shall review developer proposed applications for proportionate share mitigation projects to add the school capacity necessary to satisfy the impacts of a proposed residential development. Mitigation options may include, but are not limited to: A. Contribution of land or payment for land acquisition in conjunction with the provision of additional school capacity; or B. Mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits; or C. Donation of buildings for use as a primary or alternative learning facility; or D. Renovation of existing buildings for use as learning facilities; or E. Construction or expansion of permanent student stations or core capacity; or F. Construction of a public school facility in advance of the time set forth in the School District's Five -Year Capital Facilities Work Program. PolieyPOLICY PS -1.2.5 For mitigation measures in Policy PS -1.2.4 (A) thru (F) above, the estimated cost to construct the mitigating improvement will reflect the estimated future construction costs at the time of the anticipated construction. A. Improvements contributed by the developer shall receive school impact fee credit. B. The cost difference between the developer's mitigation costs and the impact fee credit, if greater, shall be the responsibility of the developer. PUBLIC SCHOOLS FACILITIES ELEMENT Page 6 Amended November 19, 2013 1 1 1 Ord. No. 12-2013, Exhibit "F" 1 Po1ieyPOLICY PS -1.2.6 Cape Canaveral and the School District shall provide a 90 -day negotiation period to allow for the review and negotiation of proportionate share mitigation offers proposed by a developer. Criteria: A. If mitigation is approved, Cape Canaveral and the School District enter into an enforceable binding agreement with the developer and the improvement(s) will be included in the School District's annually adopted Five -Year Capital Facilities Work Program and reflected in the next update to the Capital Improvements Element. B. If mitigation is denied, the City must deny the application based upon no available school capacity. C. Cape Canaveral shall not issue any permits for a residential development until receiving confirmation of available school capacity in the form of a SCADL from the School District. PeliePOLICY PS -1.2.7 Cape Canaveral shall, upon acceptance of a mitigation option identified in Policy PS - 1.2.4, enter into an enforceable binding agreement with the School District and the developer. PeleyPOLICY PS -1.2.8 Cape Canaveral shall notify the School District when an approved residential development has paid impact fees and when the development order for the residential development expires. ObjeetiveOBJECTIVE PS -1.3: Beginning with an effective date of 2008, all new public schools built within the City of Cape Canaveral will be coordinated with the School District to be consistent with the City's Future Land Use Map designation to ensure facilities are proximate to appropriate existing and future land uses, serve as community focal points, are co -located with other appropriate public facilities, and will have needed supporting infrastructure. PelieyPOLICY PS -1.3.1 Cape Canaveral, in conjunction with the School District, shall jointly determine the need for, and timing of, on-site and off-site improvements necessary to support a new school. PoJ POLICY PS -1.3.2 Cape Canaveral shall enter into an agreement with the School Board identifying the timing, location, and the party or parties responsible for the planning, constructing, operating, and maintaining off-site improvements necessary to support a new school or school improvement to ensure that the necessary infrastructure is in place prior to or concurrent with construction. PUBLIC SCHOOLS FACILITIES ELEMENT Page 7 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "F" PoUeyPOLICY PS -1.3.3 Cape Canaveral shall encourage the location of schools near residential areas by: A. Assisting the School District in the identification of funding and/or construction opportunities (including developer participation or City capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements. B. Reviewing and providing comments on all new school sites including the compatibility and integration of new schools with surrounding land uses. C. Allowing schools within all residential land use categories. PolieyPOLICY PS -1.3.4 Cape Canaveral, in conjunction with the School District, shall seek opportunities to co -locate schools with public facilities, such as parks, libraries, and community centers, as the need for these facilities is identified. PolieyPOLICY PS -13.5 Cape Canaveral, in conjunction with the School District, hereby designates the Capital Outlay Committee (COC) as the monitoring group for coordinated planning and school concurrency in Brevard County. 1 PoIieyPOLICY PS -1.3.6 School concurrency shall become effective upon the adoption of this element (Public School Facilities Element). Additionally, the City of Cape Canaveral shall adopt school concurrency provisions into its Land Development Regulations (LDR) to further implement school concurrency. 1 PoileyPOLICY PS -1.3.7 Cape Canaveral, in conjunction with the School District and the municipalities within the Brevard County shall identify issues relating to public school emergency preparedness, such as: A. The determination of evacuation zones, evacuation routes, and shelter locations. B. The design and use of public schools as emergency shelters. C. The designation of sites other than public schools as long-term shelters, to allow schools to resume normal operations following emergency events. PUBLIC SCHOOLS FACILITIES ELEMENT Page 8 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "F" 1 ObjeetiveOBJECTIVE PS -1.4 Beginning with an effective date of 2008 and no later than December 1st of each year thereafter, the Cape Canaveral will include in its Capital Improvements Element (CIE), the School District's annually updated five-year schedule of capital improvements as adopted by the School Board, which identifies school facility capacity projects necessary to address existing deficiencies and meet future needs based upon achieving and maintaining the adopted level of service standard for schools. 1 PekeyPOLICY PS -1.4.1 By December 1, 2008, The City of Cape Canaveral shall adopt as part of its Capital Improvements Element the Brevard County School Districts Five Year Work Program approved by the School Board May 13, 2008 as part of the School District Budget. The Five Year Work Program includes planned facilities and funding sources to ensure a financially feasible capital improvements program and to ensure the level of service standards will be achieved by the end of the five-year period. And by December 1 of each year thereafter, the City will adopt the annually updated School District Five Year Work Program as part of its Capital Improvements Element. PoIleyPOLICY PS -1.4.2 Cape Canaveral shall annually coordinate review of the entire Public School Facilities Element, including school enrollment projections, in conjunction with the School District and other local governments through the Capital Outlay Committee. This will provide an annual update of the process, including the Public School Facilities Element and maintain a public school facilities map series which are coordinated with Cape Canaveral's Future Land Use Map or Map Series, including the planned general location of schools and ancillary facilities for the five-year planning period and the long-range planning period. The Map Series shall include: A. Existing Public School Facilities Map - type and location of ancillary plants B. Five -Year Planning Period Map - generally planned public school facilities and ancillary plants Pek POLICY PS -1.4.3 Cape Canaveral, in conjunction with the School District, shall coordinate the long range public school facilities map with its comprehensive plan and future land use map. The Map shall be included in the Map Series provided in Policy PS -1.4.2. A. The Long Range Planning Period Map - generally planned areas of future public school facility needs_ PUBLIC SCHOOLS FACILITIES ELEMENT Page 9 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "G" City of Cape Canaveral Comprehensive Plan CONSERVATION MANAGEMENT ELEMENT GOALS, OBJECTIVES and POLICIES Conservation Element Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "G" GOAL C-1 Provide for the preservation and conservation of the City's natural resources so that the economic, social and/or aesthetic value which these resources provide to the community are not destroyed and are available to future generations. Objective -OBJECTIVE C-1.1 Maintain or improve current quality of air. The measurement of this Objective is the quality of air within Cape Canaveral plus the degree to which the following Policies are implemented. 1 PelieyPOLICY C-1.1.1: Join with other governmental entities in the area in an effort to prevent major industrial air polluters from locating within the coastal zone. 1 PelicyPOLICY C-1.1.2: Prohibit un -permitted open burning of trash and debris within the City. 1 Pel:ic-yPOLICY C-1.1.3: The City shall encourage alternative forms of transportation in conjunction with new development or new roadway projects (e.g., car pooling, mass transit, etc.). 1 Pel cyPOLICY C-1.1.4: The City shall cooperate with adjacent governmental entities to determine the feasibility of conducting air-quality impact analysis for projects that might cause violations of State air-quality standards and_determine if a periodic air-quality modeling program would be useful and feasible. I b. OBJECTIVE C-1.2 Conservation, appropriate use and protection of the quality and quantity of current and projected water sources and waters that flow into estuarine waters or oceanic waters. The measurement of this Objective is the extent to which water resources are conserved, appropriately used and protected plus the degree to which the following Policies are implemented. I PyPOLICY C-1.2.1: Enforce the City's Stormwater Management Ordinance for control of stormwater runoff. 1 Conservation Element Page 2 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "G" PelicyPOLICY C-1.2.2: Continue to work with Brevard County in enforcement of its ordinance requiring recirculation of water used for heat pumps. I P -POLICY C-1.2.3: Minimize man -induced sedimentation, excessive freshwater runoff, and other non -point source pollution into the Banana River and the Atlantic Ocean. 1 PelicyPOLICY C-1.2.4: Cooperate with the St. Johns River Water Management District, Brevard County, and the City of Cocoa during times when emergency water conservation measures are in effect. PekeyPOLICY C-1.2.5: The City shall ensure that its Land Development Regulations contain a requirement making development contingent upon the availability of adequate potable water. I PelicyPOLICY C-1.2.6: The City shall evaluate alternatives for the conservation of existing water supplies. 1 PelieyPOLICY C-1.2.7: The City shall evaluate the need for retrofitting stormwater systems which do not meet existing State standards. 1 PelieyPOLICY C-1.2.8: The City shall maintain an ordinance which prohibits the removal of littoral vegetation from the Banana River. 1 PelicyPOLICY C-1.2.9: In an effort to further protect the Banana River, the City may consider the treatment of storm water discharge via the City's sewer treatment facility. 1 PelicyPOLICY C-1.2.10 The City shall consider the St. Johns River Water Management District's regional water supply plan when preparing updates and amendments to the Infrastructure, Capital Improvements and Conservation Elements. Objective OBJECTIVE C-1.3 Conserve appropriate use and protection of soils and native vegetative communities within the City. The measurement of this Objective is the extent to which soils and native vegetative communities are conserved, appropriately used and protected plus the degree to which the following Policies are implemented. Conservation Element Page 3 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "G" PelieyPOLICY C-1.3.1: Continue to enforce the City's landscaping and tree ordinances to help prevent soil erosion and to protect trees within the City. I PelicyPOLICY C-1.3.2: Work with private developers to preserve, where possible, indigenous plant communities. 1 Pel cyPOLICY The City shall promote protection of environmentally sensitive areas, beach preservation and tree protection. Obfeetive-OBTECTIVE C-1.4 Conservation, appropriate use and protection of wildlife, wildlife habitat and marine habitat. The measurement of this Objective is the extent to which wildlife, wildlife habitats and marine habitats are conserved, appropriately used and protected plus the degree to which the following Policies are implemented. 1 Pell cyPOLICY C-1.4.1: Join with other governmental entities in the area in an effort to prevent major water polluters from locating within the coastal zone. PoIicyPOLICY In order to protect regionally significant coastal resources, discourage dredge and fill activities as a means to develop small waterways, and closely coordinate review of such activities with the Florida Department of Environmental Regulation, The Florida Department of Natural Resources, and the US Army Corps of Engineers. 1 PeIicyPOLICY C-1.4.3: Work with private developers to preserve, where possible, indigenous animal communities and regionally significant natural vegetative communities. 1 PelicyPOLICY C-1.4.4: Cooperate with federal, state and other local agencies to protect endangered and threatened species of animals. In this regard, the City shall ensure that development approvals are contingent upon consideration of endangered species. I PelicyPOLICY C-1.4.5: The City shall adopt an ordinance providing for measures to protect sea turtle nesting activities. Conservation Element Page 4 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "G" IPelieyPOLICY C-1.4.6: The City shall enact an ordinance which provides for adequate upland buffering of the only shoreside wetland in Cape Canaveral. 1PelieyPOLICY C-1.4.7: The City shall prohibit developments that are feasible only through creation of land by dredging and filling of areas below mean high water. Qbf ee he-OBTECTIVE C-1.5 The City shall be prepared to deal with problems relating to the disposal of hazardous wastes. The measurement of this Objective is the degree to which the following Policies are implemented. 1 PelicyPOLICY C-1.5.1: The City shall coordinate with Brevard County to disseminate educational materials to the public concerning the disposal of hazardous wastes, such as the county's "hazardous waste round up." 1 Pellc-yPOLICY C-1.5.2: The City shall cooperate with appropriate local, State, and Federal agencies in planning for both small- and large-scale hazardous waste problems. Conservation Element Page 5 Amended November 19, 2013 Ord. No. 12-2013. Exhibit "H" City of Cape Canaveral Comprehensive Plan PARKS and RECREATION ELEMENT GOALS, OBJECTIVES and POLICIES RECREATION ELEMENT Page 1 Amended November 19, 2013 Ord. No. 12-2013. Exhibit "H" GOAL R-1 The overall goal of the Recreation and Open Space Element is to assure that citizens of all ages who reside in Cape Canaveral are provided with a system of facilities and programs to meet their needs for active and passive recreation. Objective -OBJECTIVE R-1.1 The City shall provide access to all of its presently identified recreation sites, including the Atlantic Ocean Beach and the Banana River. The measurement of this Objective is whether or not all citizens of the community have access to such sites, and the degree to which the following Policies are implemented. I PelieyPOLICY R-1.1.1 The City shall continue with its current efforts to obtain and maintain additional public beach access points for passive recreation or conservation. 1 PelicyPOLICY R-1.1.2 The City shall investigate the feasibility of acquiring and or developing land on the Banana River to provide public river access for passive recreation or conservation. 1 PelkyPOLICY R-1.1.3 The City shall cooperate with all government agencies to maximize the use of available facilities. 1 PelieyPOLICY R-1.1.4 The City shall require that its parks and recreational facilities be available and accessible to the handicapped. 1 PelicyPOLICY R-1.1.5 The City shall evaluate and implement appropriate measures to protect park, open space, and recreation areas within the City from the adverse effects of encroaching urbanization. Objective -OBJECTIVE R-1.2 The City shall cooperate with other public and private entities agencies in the provision development of resources to meet recreation demands. The measurement of this Objective is the degree to which the following Policies are implemented. 1 PelicyPOLICY R-1.2.1 The City shall continue to work with all Governments agencies and or private sources for funding and/or development of recreation facilities such as bikeways. 1 PelicyPOLICY R-1.2.2 RECREATION ELEMENT Page 2 Amended November 19, 2013 Ord. No. 12-2013. Exhibit "H" The City shall continue to require that certain recreational facilities be provided as a part of large developments. Obi-eE he -OBJECTIVE R-1.3 The City shall determine its need to develop, own and manage open -space areas. The measurement of this Objective is the degree to which the following Policies are implemented. 1 PeIicyPOLICY R-1.3.1 The City shall inventory available open space tracts and decide which ones (if any) would be most suitable given the City's needs and financial resources. This process shall include citizen input. 1 PelicyPOLICY R-1.3.2 After the City determines which tract(s) that it wishes to acquire (if any), it shall include the activity in the Capital Improvements Program and take any other steps necessary to acquire and manage the open -space property in question. I PerwyPOLICY R-1.3.3 The City shall ensure that open space standards and definitions are included in its Land Development Regulations. 1 PoicyPOLICY R-13.4 The City hereby adopts the following level -of -service standard for open space: two acres per one -thousand population. Objective -OBJECTIVE R-1.4 As deficiencies in recreation facilities are identified, the City shall seek new areas and facilities to overcome the deficiencies. The measurement of this Objective is the degree to which the following Policies are implemented. RECREATION ELEMENT Page 3 Amended November 19, 2013 Ord. No. 12-2013. Exhibit "H" 1 PelleyPOLICY R-1.4.1 The City shall monitor the need for additional recreational and open -space areas and strive for 3 acres/ 1000 population for all parks. I Pe1icyPOLICY R-1.4.2 The City hereby adopts the following level -of -service standard for passive and active recreational use for the provision of park land: 2 acres /1000 population for all parks. 1 PtheyPOLICY R-1.4.3 The City shall pursue provision of additional parks with amenities such as restrooms and pavilions. RECREATION ELEMENT Page 4 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "I" The City of Cape Canaveral Comprehensive Plan HOUSING ELEMENT GOALS, OBJECTIVES and POLICIES HOUSING ELEMENT Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "I" GOAL H-1 Assure that existing and future residents of the City of Cape Canaveral have access to safe and sanitary housing at an affordable price. Obj-ective-OBIECTIVE H-1.1 Periodically review and update the regulations and limitations regarding housing construction in the different zoning districts of the City in order to maintain and/or upgrade existing standards of housing in terms of floor space, lot size, etc. The measurement of this Objective is the actual review and update of these regulations, plus the degree to which the following Policies are implemented. 1 PelicyPOLICY H-1.1.1 The City shall continue to review and update of the regulations and limitations regarding housing construction. 1 Poli POLICY H-1.1.2 The City shall adopt updates to the standard building, housing, plumbing, electrical and similar codes as these occur and as feasible. PeficyPOLICY H -L1.3 The City shall evaluate housing implementation programs available to the City. ObjectiveOBJECTIVE H-1.2 The City shall identify and implement measures which facilitate the provision of additional decent, safe, and sanitary affordable housing in the community to address the unmet housing needs of the lower-income segment of the population. The measurement of this Objective is the extent to which housing needs are met for the general populace, lower-income families and those with special needs, plus the degree to which the following policies are implemented. I PelicyPOLICY H -k2.1 The City shall work with the private and non-profit sectors as well as with other public entities to improve coordination among participants involved in housing production. I Peli cyPOLICY H-1.2.2 The City shall periodically review the regulatory and permitting process and will improve it as deemed necessary. HOUSING ELEMENT Page 2 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "I" IPelicyPOLICY H-1.2.3 The City shall utilize existing and updated standards addressing the quality of housing and the stabilization of neighborhoods and identification of historical buildings. 1 PelleyPOLICY H-1.2.4 Communicate with the Brevard County Housing Authority to facilitate federal, state and local resources to increase the supply of affordable housing for low- and moderate - income households and elderly/handicapped residents. ObjeetiveOBJECTIVE H4.3 Protect existing and future neighborhoods from impacts that would negatively affect the quality of the residential environment and eliminate substandard housing conditions and work toward the structural and aesthetic improvement of existing housing. By 2015, the City shall have prepared an assessment of the existing substandard housing units as defined by Rule 9J-5 F.A.C. and investigated the programs and funding sources available to upgrade the individual structures to a standard condition. The measurement of this Objective is the number of substandard housing units eliminated and the amount of structural and aesthetic improvement of existing housing, plus the degree to which the following Policies are implemented. 1 PekeyPOLICY H-1.3.1 The City shall, as needed, develop principles and standards to guide conservation, rehabilitation and demolition techniques and strategies to upgrade housing within the City. Objective0BIECTIVE H-1.4 Provide adequate sites for low- and moderate -income families and for manufactured homes. The measurement of this Objective is the number of sites for low- and moderate - income families and for manufactured homes within the City, plus the degree to which the following Policies are implemented. 1 PelleyPOLICY H-1.4.1 The City shall cooperate with the Brevard County Housing Authority to make available the Rental Assistance Programs for low- and moderate- income families. Po1icyPOLICY H-1.4.2 The City shall develop principles and criteria guiding the location of housing for low - and moderate- income families, including supporting infrastructure and public facilities. HOUSING ELEMENT Page 3 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "I" ObjeetiveOBTECTIVE H-1.5 Provide adequate sites in areas of residential character for group homes and foster care facilities licensed or funded by the Florida Department of Health and Rehabilitative Services. The measurement of this Objective is the number of sites available for such facilities, plus the degree to which the following Policies are implemented. 1 PelieyPOLICY H-1.5.1 The City shall permit housing for low- and moderate- income families in manufactured homes, group homes, foster care facilities, and households with special needs, including supporting infrastructure and public facilities as defined, licensed or funded by the Florida Department of Rehabilitative Services shall be permitted in residential districts ObjectiveOBTECTIVE H-1.6 The City shall take steps to identify and preserve all historically -significant structures to include funding for an archeological/historic property survey of the City. 1 PelieyPOLICY H-1.6.1 As structures in the City attain historical significance, such structures shall be identified_ The City shall continue working with the appropriate agencies and develop a process for designating historical structures consistent with the Florida Master Site File, National Register of Historic Places or other designating entity. I elyPOLICY H-1.6.2 The City shall consider arranging for a systematic, professional, architectural and historical survey to determine the possible presence of historically -significant structures within the City. 1 PelieyPOLICY H-1.6.3 The City shall consider the adoption of an appropriate Historic Preservation Ordinance to assist in the preservation of historically -significant structures. 1 PeIicyPOLICY H4.6.4 When Brevard County establishes a Local Register of Historic Places, the City shall periodically exchange information with that agency relative to any historic places in Cape Canaveral. Obf eetiveOBTECTIVE H-1.7 Provide necessary relocation housing. The measurement of this Objective is the provision of relocation housing when it is needed, and the degree to which the following Policy is implemented. HOUSING ELEMENT Page 4 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "I" 1 Pelic-yPOLICY H-1.7.1 If occupied housing is eliminated by City action, relocation housing and/or assistance shall be provided as required by law. (Section 421.55, Florida Statutes) OWec#iveOBTECTIVE H-1.8 Formulate housing implementation programs. The measurement of this Objective is the end product plus the degree to which the following Policies are implemented. 1 PelieyPOLICY The City shall investigate and evaluate various housing implementation programs in order to determine those programs which are best for Cape Canaveral. 1 Pe1icyPOLICY H-1.8.2 The City shall investigate and shall decide which, if any, of the various housing implementation programs shall be used by the City. Obbj-ec IheOBTECTIVE H-1.9 Encourage a variety of housing types within the City, to provide for adequate sites and distribution of housing for low-income and moderate -income households, and to promote housing policies that reflect sound land use principles and development practices. The measurement of this Objective is the extent to which housing variety occurs within the City and the degree to which the following Policies are implemented. 1 PelieyPOLICY H-1.9.1 The City shall encourage residential developments such as Planned Unit Developments to provide a variety of housing types and cost ranges. 1 PetieyPOLICY H-1.9.2 The City shall prohibit placement of mobile homes outside of mobile home parks. PeyPOLICY The City shall promote single-family and other low density housing types to balance the many high-density residential developments in the community. PelieyPOLICY H-1.9.4 The City shall encourage innovative housing development and creative residential land use arrangements through the development regulation process. HOUSING ELEMENT Page 5 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "J" City of Cape Canaveral Comprehensive Plan TRANSPORTATION ELEMENT GOALS, OBJECTIVES and POLICIES Transportation Element Page 1 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "J" GealGOAL T-1 The City of Cape Canaveral, through cooperation with area wide transportation agencies, shall continue to develop and coordinate a comprehensive transportation system that: serves the needs of all segments of its population; is in support of the Land Use and other elements of the Comprehensive Plan; provides adequate and safe access to adjacent land uses; promotes sound development policies; is an efficient and effective use of public resources; and promotes the efficient utilization of energy resources. Objective OBJECTIVE T-1.1 In conjunction with area wide agencies, Brevard County and the State of Florida, the City of Cape Canaveral shall provide for a safe, convenient and efficient motorized and non -motorized transportation system. The measurement of this Objective is the safety, convenience and efficiency of the City's transportation network and the degree to which the following Policies are implemented. Pe1icyPOLICY The City shall continue with development of a program to provide for the regular maintenance and improvement of local streets so as to maximize safe travel for vehicles and pedestrians and reduce Loss of life and property by reducing accidents. Pe1icyPOLICY T-1.1.2 The City shall work with the Space Coast Transportation Planning Organization and the Florida Department of Transportation in developing and utilizing level -of -service standards at peak hour on all roadways within the City's jurisdiction. The City hereby adopts level -of -service standard "E" for all roadways in the municipality as the minimum acceptable operating level -of - service (with a desirable level -of -service "C"). The City commits to maintain that level -of - service standard and to not permit any further significant degradation of that condition: (the cut-off point for indicating significant degradation will be a volume to capacity ratio (V/C ratio) --to be interpreted as a maximum acceptable volume ratio (MAV ratio) --of 1.10: at the point that the City determines that the V/C ratio (MAV ratio) exceeds 1.10, it will trigger a procedure in accordance with the City's concurrency management system to defer, modify or deny development orders or permits which impact the roadway segment in question. In addition, once a substandard roadway is improved to a level -of -service "E" or better, the newly achieved level -of -service will become the new "maintain -and -not -further -degrade" standard. Pe1icyPOLICY T-1.1.3 The City shall implement its policy of requiring all new developments within the City to prepare a circulation plan that illustrates adequate access to the City circulation system; provides for the adequate design of local street systems; and coordinates with the existing street patterns of the area. Pe1icyPOLICY T-1.1.4 Transportation Element Page 2 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "J" The City shall require dedication or reservation of future rights-of-way for major components of the overall transportation network when development takes place in a previously undeveloped area and when such future rights-of-way traverse or abut the property to be developed. Furthermore, with respect to S.R.-A1A, the City shall take steps to protect and preserve right-of- way to comply with the Maximum Through Lane Standards by using such strategies as building setback requirements, donation/ dedication of right-of-way by developers, advance right-of-way acquisition, or enactment of a right-of-way protection ordinance. PelieyPOLICY T-1.1.5 The City shall implement its policy of consideration of bicycle and pedestrian ways in the planning of transportation facilities. PelieyPOLICY T-1.1.6 At any time that a roadway within the City degrades to a substandard level -of -service condition, the City shall commit to maintain and not permit further significant degradation of operating conditions on said roadway, and it shall also adopt a strategy and timetable to enhance the operating conditions of said roadway. PelieyPOLICY T-1.1.7 The City shall control access of driveways and roads to SR-A1A; techniques such as the following will be considered: limiting the issuance of access and connection permits to the minimum necessary to provide safe access; using shared access points; using frontage roads; or locating access points to parcels with frontage along two or more roadways on the roadway of lower functional classification. PeficyPOLICY The City shall support forms of transportation which are alternatives to individualized vehicle use, such as: pedestrian facilities, bicycle ways, car-pooling, mass transit, etc., and support greater connectivity with the Central Florida region. Pel-ieyPOLICY T-1.1.9 The City shall work with the FDOT in the protection and management of S.R.-A1A. Pe ieyPOLICY T-1.1.10 For projects that degrade the roadway level -of -service below the adopted level of service standard, development permits shall not be issued unless the facility impacted is on the TPO's five-year capital improvement schedule and construction is scheduled within the first three years. If, however, the facility is not scheduled within the first three years of the five-year capital improvement schedule, the City will calculate a proportionate fair -share contribution based on the formula provided in the City Code. PelicyPOLICY T-1.1.11 Transportation Element Page 3 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "J" The City shall continue to implement the current Concurrency Management System for roads as defined by Objective T-1 of the Transportation Element. The City shall adopt transportation LOS standards for state roadways as established in FDOT's 2009 Generalized LOS Tables. The City shall adopt a LOS standard for public transit of "E" as outlined in FDOT's 2009 Generalized LOS Tables. Po1icyPOLICY T-1.1.12 The City will develop Transportation Demand Strategies that will modify peak hour travel and reduce trip generation in the peak hour. These strategies may include better pedestrian/bicycling links between trip generators and attractors, and/or develop Transit Oriented Development regulations, and / or develop strategies to increase transit use. PelieyPOLICY T-1.1.13 Golf Cart Use - The City will allow and will evaluate policies allowing golf cart and EV (electric vehicle) access to beach end parking and the surrounding residential neighborhoods as a means of easing use of traditional motorized vehicles and available parking to reduce greenhouse gases. PeficyPOLICY T-1.1.14 Pedestrian Sidewalks and Bicycle Paths - The City shall evaluate the need for bike paths and sidewalks in the planning for transportation facilities and new development and redevelopment and require their installation when it is safe and economically feasible as an alternative means of transportation around the City and to further reduce greenhouse gas emissions. Pe1icyPOLICY T-1.1.15 Best Development Practices - The City hereby adopts and endorses the general principals of Reid Ewing's April 1996 "Best Development Practices." The City will specifically require the following principles for residential subdivisions: 1. Development shall allow for through streets spaced no more than 1/2 mile apart. 2. Residential subdivisions shall allow for the use of traffic calming devices liberally. 3. Residential subdivisions shall be designed to keep speeds on local streets below 20 mph. 4. All developments shall provide for pedestrian friendly environments to include shortcuts whenever possible and shall develop pedestrian routes away from high speed roads or provide buffering. 5. PUDs shall incorporate transit orientated design features where applicable. Transportation Element Page 4 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "J" PelicyPOLICY T-1.1.16 The City shall coordinate with Brevard County on a trail and blue -way system. Objective -OBJECTIVE T-1.2 The City shall coordinate the traffic circulation system with the future land uses shown on the future land use map or map series as development takes place. The Measurement of this Objective is the degree to which the following policies are implemented. Pe1icyPOLICY T-1.2.1 The City through the future land use map shall ensure that the level of service "E" is maintained. Pe1icyPOLICY T-1.2.2 The City shall require new development to construct or fund road improvements to meet the established level of service "E". Pel-ieyPOLICY T-1.2.3 The City will review the Traffic Circulation Elements for the City of Cocoa Beach and the Canaveral Port Authority in order to insure compatibility with those respective plans and the plans of the City. This shall include right-of-way needs, access management, and level of service standards. Pelic-yPOLICY T-1.2.4 The City shall provide for safe, appealing and efficient citywide routes for pedestrian and bike path systems linking to major activity centers, parking facilities and residential areas. The City will consider providing strategically placed bicycle racks. Objective OBJECTIVE T-1.3 The City shall work with the Florida Department of Transportation, Brevard County, the Space Coast Transportation Planning Organization, and any other appropriate transportation planning bodies to assure the necessary exchange of information to coordinate the plans and programs of all the agencies involved as they relate to the overall transportation network within the City. The measurement of this Objective shall be the degree to which the following Policies are implemented. PelicyPOLICY T-1.3.1 The City shall work with all relevant transportation planning bodies to assure that the plans and programs of all the entities involved are effectively interrelated. Through the TPO, the City will annually review the FDOT 5 -Year Plan and all of its updates to insure that its plans are consistent with that of FDOT. This shall include right-of-way needs, access management, and level of service standards. Transportation Element Page 5 Amended November 19, 2013 Ord. No. 12-2013, Exhibit "J" PelieyPOLICY T-1.3.2 The City shall coordinate with the City of Cocoa Beach, the Canaveral Port Authority, and Brevard County on development impacting the traffic circulation system. PelieyPOLICY T-1.3.3 The City shall discuss with the Space Coast Area Transit Authority to determine if and when transit service should be provided within Cape Canaveral. Objective OBJECTIVE T-1.4 The City shall protect existing and future rights-of-way from building encroachment. The measurement of this Objective is the lack of building encroachment on existing and future rights-of-way and the degree to which the following Policy is implemented. 1 PekcyPOLICY T-1.4.1 The City shall require dedication or reservation of future rights-of-way for major components of the overall transportation network when development takes place in a previously undeveloped area and when such future rights-of-way traverse or abut the property to be developed. Furthermore, with respect to S.R.-A1A, the City shall take steps to protect and preserve right-of- way to comply with the Maximum Through -Lane Standards by using such strategies as building setback requirements, donation/ dedication of right-of-way by developers, advance right-of-way acquisition, or enactment of a right-of-way protection ordinance. 1 PelieyPOLICY T-1.4.2 The City shall continue to enforce and update as needed the current ordinances that provide for right-of-way encroachment protection for new and existing buildings. 1 Pel-icyPOLICY T-1.4-3 Traffic Circulation - The City shall consider a requirement for new development and redevelopment to provide a traffic circulation plan which illustrates safe access to the system and coordinates projected traffic flow with the existing street pattern. The traffic circulation plan may address median cuts, acceleration and deceleration lanes, storage turn lanes, cross access, signage and signalization. Standards for the preceding may be adopted in the City's land development regulations. Pel-ieyPOLICY T-1.4.4 Access Management - In its review of development plans, the City will carefully review proposed access points and limit them to provide reasonable access to the site and address safety issues. It will require frontage roads, shared access points, cross access and restricted turning movements where necessary. Transportation Element Page 6 Amended November 19, 2013 Attachment 2 1 City of Cape Canaveral 2 Infrastructure Element Data and Analysis Appendix 3 Water Supply Facilities Work Plan 4 5 I. BACKGROUND AND PURPOSE 6 The purpose of the City of Cape Canaveral Water Supply Facilities Work Plan 7 (hereinafter referred to as "Work Plan") is to identify and plan for the water 8 supply resources and facilities needed to serve existing and new 9 development within the local government's jurisdiction. According to state 10 guidelines, the Work Plan and the comprehensive plan amendment must 11 address the development of traditional and alternative water supplies, bulk 12 sales agreements and conservation and reuse programs that are necessary 13 to serve existing and new development for at least a 10 -year planning 14 period. The planning period for the City of Cape Canaveral is FY2011 through 15 FY2025 16 The Work Plan is prepared in conformance with Section 163.3184(3) (a), Florida 17 Statutes (FS) and Rule 9J -11.006(1)(a)3, Florida Administrative Code (FAC) 18 This document provides for the work plan requirement and provides for 19 coordination between the City's land use planning and water resource 20 planning 21 II. INTERGOVERNMENTAL AGREEMENT 22 The City of Cape Canaveral does not have a central potable water system. 23 The City of Cape Canaveral obtains its potable water supply from the system 24 owned and operated by the City of Cocoa under an intergovernmental 25 franchise agreement. The City of Cocoa has supplied central Brevard 26 County, to include Cocoa Beach, Cape Canaveral, Rockledge, Patrick Air 27 Force Base and a large population of unincorporated central Brevard County 28 with high quality drinking water since 1957. The cities of Cocoa and Cape 29 Canaveral entered into a 30 -year water franchise agreement in 1964 which 30 expired in 1994. In 1994 the City of Cocoa entered into another 30 -year 31 water franchise agreement with The City of Cape Canaveral which expires in 32 2024 The City should maintain its potable water agreement with the City of 33 Cocoa through expiration. 34 The agreement states that the City of Cocoa will provide potable water for 35 all of Cape Canaveral with the understanding that Cocoa has been granted 36 easements and rights-of-way for existing and future potable water distribution 37 facilities. In addition, the City of Cocoa is responsible for maintenance, 38 improvement, and expansion of the potable water distribution system within 39 Cape Canaveral 40 The City of Cape Canaveral has enabling policies within the Comprehensive 41 Plan for the intergovernmental water franchise agreement for the provision of 42 potable water by the City of Cocoa. The City's Potable Water Sub -element 43 Objective PW -1.1 states that Cape Canaveral will cooperate with Cocoa to DRAFT - 08-20-2W3 Cape Canaveral WSFWP Planning Design Group Pagel 1 44 assure and maximize the use of existing water facilities for all existing and 45 future residents and businesses. The City of Cape Canaveral will, for the 46 duration of the water franchise agreement, encourage infill development to 47 limit urban sprawl. 48 Potable Water Sub -element Policies PW -1.1.1 and PW -1 1 2 state that the City 49 will cooperate with Cocoa to ensure that potable water is provided to the 50 citizenry of Cape Canaveral and that all new development will be required 51 to install potable water distribution facilities and connect to Cocoa's potable 52 water system. 53 Potable Water Sub -element Policy PW -1.1.3 states that Cocoa is responsible 54 for replacement, correcting existing deficiencies, and providing for future 55 facility needs. 56 Potable Water Sub -element Policy PW -1.1.4 establishes the adopted level -of - 57 service standard for potable water consumption and water pressure at 264 58 gallons per household per day and 60 psi, respectively. 59 Potable Water Objective PW -1.2 and corresponding Policies PW -1.2.1, PW - 60 1.2.2 and PW -1 2 10 state that the City of Cape Canaveral will work to assure 61 that potable water is available to existing and future residents through various 62 conservation measures. These measures may include, but are not limited to 63 water conservation public education, requirements for the installation of low 64 flow fixtures, incorporation of water conservation in landscape regulations, 65 and the identification of areas suitable for the use of reclaimed water. In 66 addition, the City of Cape Canaveral will work with the Cocoa Water 67 Department to evaluate water supply alternatives as well as identify 68 emergency backup water supply source. 69 Intergovernmental Coordination Objective IG -1.2 and corresponding Policy 70 IG -1 2 2 state that Cape Canaveral will cooperate with Cocoa to establish 71 level -of -service standards for Cocoa's potable water system within the City of 72 Cape Canaveral 73 Intergovernmental Coordination Objective IG -1.3 and corresponding Policy 74 IG -1.3.2 state that Cape Canaveral will discuss and share information on 75 potable water infrastructure service needs for proposed developments. 76 Conservation Management Element Objective C-1.2 and corresponding 77 policies C-1.2.4, C-1.2.5 and C-1 2 6 state that the City of Cape Canaveral will 78 cooperate with the St. Johns River Water Management District, Brevard 79 County and City of Cocoa during times when emergency water 80 conservation measures are in effect. These policies also state that the City's 81 Land Development Regulations will require that development be contingent 82 upon the availability of adequate potable water and that the City will 83 evaluate alternatives for conservation on existing potable water supplies. 84 Capital Improvements Element Objective CI -1.1 and corresponding Policy CI - 85 1.1.3 establishes a level -of -service standard of 264 gallons per household per 86 day of water consumption and 60 psi of water pressure. The level -of -service DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 12 87 standard is consistent with and in cooperation with the City of Cocoa's 88 standard for the City of Cape Canaveral 89 90 III. STATUTORY REQUIREMENTS 91 The following highlights the statutory requirements: 92 a Coordinate appropriate aspects of its comprehensive plan with the 93 appropriate water management district's regional water supply plan, 94 [163.3177(4) (a), F.S.] 95 b Ensure that its future land use plan is based upon availability of adequate 96 water supplies and public facilities and services, (s.163.3177(6) (a), F.S.] 97 Data and analysis demonstrating that adequate water supplies and 98 associated public facilities will be available to meet projected growth 99 demands must accompany all proposed Future Land Use Map 100 amendments submitted to the Department for review. The submitted 101 package must also include an amendment to the Capital Improvements 102 Element, if necessary, to demonstrate that adequate public facilities will 103 be available to serve the proposed Future Land Use Map modification. 104 c. Ensure that adequate water supplies and facilities are available to serve 105 new development no later than the date on which the local government 106 anticipates issuing a certificate of occupancy and consult with the 107 applicable water supplier prior to approving building permit, to determine 108 whether adequate water supplies will be available to serve the 109 development by the anticipated issuance date of the certificate of 110 occupancy. [s.163.3180(2)(a), F.S.]. 111 d. For local government subject to a regional water supply plan, revise the 112 General Sanitary Sewer, Solid Waste, Drainage Potable Water, and 113 Natural Groundwater Aquifer Recharge Element (the "Infrastructure 114 Element"), within 18 months after the water management district 115 approves an updated regional water supply plan, to: 116 i. Identify and incorporate the alternative water supply project(s) 117 selected by the local government from projects identified in the 118 updated regional water supply plan, or the alternative project 119 proposed by the local government under s. 373.0361(7), F.S. [s. 120 163.3177(6) (c), F.S.]; 121 ii. Identify the traditional and alternative water supply projects, bulk 122 sales agreements, and the conservation and reuse programs 123 necessary to meet current and future water use demands within 124 the local government's jurisdiction [s. 163.3177(6) (c), F.S.], and 125 iii. Include a water supply facility work plan for at least a 10 -year 126 planning period for constructing the public, private, and regional 127 water supply facility identified in the Element as necessary to serve 128 existing and new development. [s. 163.3177(6) (c), F.S.] DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 13 129 iv. Amendments to incorporate the water supply facility work plan into 130 the comprehensive plan are exempt from the twice -a -year 131 amendment limitation. [s. 163.3177(6)(c), F.S.] 132 e. Revise the Five -Year Schedule of Capital Improvements to include any 133 water supply, reuse, and conservation projects and programs to be 134 implemented during the five-year period 135 f. To the extent necessary, revise the Conservation Element to assess 136 projected water needs and sources for at least a 10 -year planning period, 137 considering the appropriate regional water supply plan, the applicable 138 District Water Management Plan, as well as applicable consumptive use 139 permit(s). (s.163.3177(6) (d), F.S.] 140 If the established planning period of a comprehensive plan is greater than 141 ten years, the plan must address the water supply sources necessary to 142 meet and achieve the existing and projected water use demand for the 143 established planning period, considering the appropriate regional water 144 supply plan [s.163.3167(13), F.S.] 145 g. To the extent necessary , revise the Intergovernmental Coordination 146 Element to ensure coordination of the comprehensive plan with 147 applicable regional water supply plans and regional water supply 148 authorities' plans. [s.163.3177(6) (h)1., F.S.] 149 h. Address in the EAR, the extent to which the local government has 150 implemented the 10 -year water supply facility work plan, including the 151 development of alternative water supplies, and determine whether the 152 identified alternative water supply projects, traditional water supply 153 projects, bulk sales agreements, and conservation and reuse programs 154 are meeting local water use demands. [s.163.3191(2) (1), F.S.] 155 IV. SUPPLY AND DEMAND ANALYSIS AND PROJECTIONS 156 The City of Cape Canaveral currently has all of its potable water supplied by 157 the City of Cocoa through a 30 -year water franchise agreement which will 158 expire in 2024. 159 According to the SJRWMD Technical Staff Report (dated November 10, 2003) 160 for the City of Cocoa's consumptive use permit #50245, the City of Cocoa 161 provides water to over 188,332 people that live in the cities of Cocoa, Cocoa 162 Beach, Rockledge, Merritt Island, Cape Canaveral and unincorporated areas 163 of central Brevard County, including Canaveral Groves, Port St. John, Vera, 164 Sharpes, and Suntree. Water is also provided by contract to Titusville and US 165 Government facilities at the Kennedy Space Center, Cape Canaveral Air 166 Station, and Patrick Air Force Base (Figure 1). This utility has been providing 167 water from the well field since 1957 and from Taylor Creek Reservoir since 168 1999. 169 DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 14 170 Figure 1 - Cocoa Potable Water Service Area 171 172 The City of Cocoa operates a well field of 34 existing Floridan aquifer wells, 19 173 Intermediate aquifer wells, 10 Aquifer Storage and Recovery (ASR) wells and 174 three existing pump stations at the Taylor Creek Reservoir. 175 Figure 2 - Cocoa Potable Water Well Fields 176 {ICITY OF COCOA rr i<...... 1,1x, ECZCI Wire Rrwwirr.rww.. 10T IIT 12T 13T 14T 15T 1ST Taylor Crook sem* Pumps and Intake Slru 177 Treatment Facilities 178 Cocoa's drinking water treatment facilities include the Wewahootee Water 179 Treatment Plant and the Claude H. Dyal Water Treatment Plant. All of these 180 facilities are located in east Orange County as depicted on Figure 2. DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 5 181 The well field can produce a maximum of 60 million gallons per day (mgd) 182 with all wells pumping simultaneously. However, safe well field practice 183 advises an operating rate that allows for well rotation to alleviate stress on the 184 aquifer as well as provide for down time for well repair and maintenance. 185 The safe flow for the well field is 31 mgd for average flows and 48 mgd for 186 maximum flows. The entire system delivers approximately 10 billion gallons of 187 water each year with peak flows in excess of 40 mgd during the summer. 188 Average daily flow or demand has increased from 22.46 mgd in 1990 to 25.45 189 mgd in 2008. Historical treatment plant flow and water use data by major 190 user is listed in Table 1. 191 Table 1 - City of Cocoa Historical Water Use and Flows (by Major User Group) 192 193 194 195 196 197 198 199 Year 1990 Population 134,124 Customer Accounts 48,000 Annual Average Daily Plant Flow MGD 22.46 US Gov. Contract Flow MGD* 3.45 Port Titusville Canaveral Flow Flow MGD** MGD N/A 0.42 Net Commercial and Residential Flow MGD*** 18.59 Maximum Daily Plant Flow MGD 31.92 1991 135,521 48,500 21.61 3.34 N/A 0.42 17.85 29.31 1992 141,110 50,500 23.12 3.98 N/A 0.48 18.66 35.61 1993 145,301 52,000 24.11 3.77 N/A 0.44 19.9 36.08 1994 149,492 53,500 22.6 3.29 N/A 0.4 18.91 32.69 1995 152,287 54,500 24.28 3.62 0.26 0.5 19.9 34.07 1996 155,081 55,500 25.36 4.23 0.7 0.58 19.86 38 1997 159,272 57,000 23.7 3.4 0.96 0.57 18.77 31.08 1998 165,978 59,400 25.24 3.33 1.04 0.48 20.39 41.24 1999 169,890 60,800 25.18 3.13 1.04 0.57 20.44 36.39 2000 173,663 62,150 26.96 3.31 1 0.67 21.98 38.08 2001 182,537 65,326 26.06 2.7 0.77 0.6 21.99 39.4 2002 188,332 67,400 27.13 2.86 0.64 0.63 22.99 40.83 2003 194,613 69,648 27.16 3.18 0.57 0.72 22.69 39.6 2004 203,963 72,994 28.86 2.74 0.72 0.81 24.59 45.51 2005 210,462 75,320 26.71 2.62 0.62 0.81 22.67 35.91 2006 215,569 76,989 29.67 2.62 0.6 0.93 25.52 43.3 2007 217,593 77,872 26.44 2.71 0.55 0.84 22.34 37.72 2008 218,069 78,161 25.45 2.51 0.53 0.8 23.87 35.56 *N/A means there was no surface water supply or treatment available Maior Distribution and Transmission Facilities Treated water is delivered throughout most of central Brevard County through about 1,274 miles of pipe. The distribution system, including storage and pumping facilities, is located throughout Cocoa's water service area in central Brevard County. An inventory of all pipe and their sizes by area served is listed in Table 2. DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 6 200 Table 2 - Cocoa Water Mains Inventory By Area as of 2006 201 202 203 204 205 Area* Pipe Sizes 54"-18" 16 " 12 " 10 " 8 " 6 " 4 " 3 " 2" Total Cocoa 9.24 0 6.57 3.54 15.45 44.84 13.03 1.75 4.51 98.93 Incorporated Cocoa** 39.6 0 24.48 0.6 25.33 81.6 33.36 0.32 8.97 214,26 Unincorporated Rockledge 2.89 2.99 6.13 4.71 32.47 61.91 12.45 0 3.67 127.23 Incorporated Rockledge 0 3.23 0.32 0.42 3.19 8.37 1.45 0 0.09 17.07 Unincorporated Cocoa Beach 11.26 0 3.47 3.99 10.3 40.71 23.05 0.21 1.73 94.71 Incorporated Cocoa Beach 1.94 0 0.03 1 0 1.42 6.37 3.62 0 0.03 13.41 Unincorporated Cape Canaveral 3.66 0.76 0.42 1.25 11.75 19.58 10.07 0.03 0.54 48.06 Incorporated Cape Canaveral 10.1 0.16 3.52 1 0.49 7.6 5.93 0.66 0 0.44 28.9 Unincorporated Merritt Island 28.48 3.89 14.17 1 3.69 68.98 127.71 63.74 1 0 5.43 316.08 Suntree/ Viera 10.19 12.52 18.58 13.33 73.9 58.29 17.78 0 2.8 207.39 1 Port St. John 1.73 1.78 7.99 I 0.3627.85 56.58 11.76 1 0 0 108.05 1 Totals 119.08 25.34 85.66 1 32,37 278.23 511.9 190.97 1 2.32 28.22 1274.09 Note: The hours of operation vary based on demand and source availability. All wells are used for public supply and fire protection. * No City of Cocoa owned water mains are located on Cape Canaveral Air Force Station, Kennedy Space Center, Patrick Air Force Base, Port Canaveral, or City of Titusville. ** Canaveral Groves, Sharpes are also included within Cocoa Unincorporated. 206 Storage Facilities 207 Potable water is stored in the following four locations, which are shown in 208 Figure 3. 209 Figure 3 - Cocoa Water Major Distribution and Storage System 210 211 • A 5 -million -gallon steel ground storage tank located at the 212 Utilities Complex in Tate Industrial Park in Cocoa. DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 7 213 • Two concrete ground storage tanks providing 4 million gallons 214 of storage are located next to State Road 520 at the Banana 215 River. The pumping station at this site is used to boost pressure to 216 the beaches and to maintain chlorine residuals. 217 • A 2 -million -gallon ground storage tank and pumping station is in 218 Viera at Interstate 95 and Wickham Road. Ground storage tanks 219 are used to meet peak demands during the day. 220 • A 1.5 -million -gallon steel elevated tank located on U. S. 221 Highway 1 north of State Road 520. The elevated tank is used to 222 maintain a constant pressure in the distribution system. 223 There are ten (10) reclaimed water treatment systems other than Cocoa's, 224 which receive wastewater flows within the Cocoa water service area. Three 225 are municipal systems providing reclaimed water exclusively within their 226 corporate limits (Cities of Cape Canaveral, Cocoa Beach, and Rockledge). 227 Four are county systems providing reclaimed water to the general areas of 228 Merritt Island, Port St. John, Sharpes, and South Central Brevard County. The 229 last three systems are situated on U.S. Government property. Table 3 lists 2006 230 facility data, including wastewater treatment and reuse flows. 231 Table 3 - Wastewater and Reuse Systems Within the Cocoa Water Service Area 232 233 Reuse System Name BCUD/(Sykes Creek) Merritt Island BCUD/Port St. John BCUD/South Central Regional Cape Canaveral, AFS Main Cape Canaveral, WWTP, City of Cocoa (Jerry Sellers) Cocoa Beach Rockledge Wastewater Treatment Capacity (mgd) 6 Treated Wastewater Flow (mgd) 3.7 0.5 0.32 5.5 3.37 0.8 1.8 4.5 0.55 1.45 2.25 6 3.52 4.5 2.24 Sun Lake Estates 0.14 0.05 Total 29.74 17.45 DRAFT - 08-20-2013 Reuse Type* Al PAA&LI PAA&LI IND Al PAA&LI GWR&IPR Al WL GWR&IPR PAA&LI PAA&LI PAA&LI GWR&IPR IND PAA&LI PAA&LI PAA&LI PAA&LI IND PAA&LI PAA&LI PAA&LI IND PAA&LI PAA&LI GWR&IPR Reuse Sub - Type** EC RI GCI ATP OC OPAA RIB OC NA RIB GCI RI OPAA RIB ATP OPAA RI OPAA GCI ATP RI GCI OPAA ATP GCI RI RIB Part of Chapter 62-610, FAC*** III III III VII II III IV 1 Reuse Facility Capacity (mgd) 1 2 1 0.25 0.39 0.23 0.36 0.39 2.5 0.55 1.07 1.15 0.94 0.8 0.1 1.35 1.8 0.91 0.04 0.57 3 3 0.7 0.04 0.39 3.23 0.21 27.97 Reuse Avg. Annual Flow (mgd) 0.05 1.2 0.2 0.1 0.12 0.06 0.26 0 0.58 0.09 0.18 1.59 1.3 0.55 1 0.02 1 1.06 1 1.31 1 0.91 1 0.04 0.57 3.16 1 0.5 0.17 1 0.04 1 0.17 1 1.56 1 0.05 1 15.84 Cape Canaveral WSFWP Planning Design Group Page 1 8 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 *REUSE TYPES PAA&LI Public Access Areas & Landscape Irrigation A Agricultural Irrigation GWR&IPR Groundwater Recharge & Indirect Potable Reuse IND Industrial TF Toilet Flushing FP Fire Protection WL Wetlands OTH Other ***PARTS OF CHAPTER 62-610, F.A.0 II Slow -rate Land Application Systems; Restricted Public Access III Slow -rate Land Application Systems; Public Access Areas, Residential Irrigation, and Edible Crops IV Rapid -rate Land Application Systems (Rapid Infiltration Basins and Absorption Fields) V Ground Water Recharge and Indirect Potable Reuse VII Industrial Uses of Reclaimed Water 254 Permit Conditions and Duration **REUSE SUB -TYPES GCI Golf Course Irrigation RI Residential Irrigation OPAA Other Public Access Areas EC Edible Crops RIB Rapid Infiltration Basins AF Absorption Fields SWA Surface Water Augmentation INJ Injection ATP At Treatment Plant ATO At Other Facilities 255 Chapter 57-1232 of the Laws of Florida was signed into law by the Governor 256 on June 29, 1957, authorizing the City of Cocoa to extend its water mains and 257 water distribution system beyond its limits and sell water through said system 258 to private individuals or other uses for profit. 259 The City of Cocoa holds a Consumptive Use Permit (CUP) from SJRWMD for 260 its potable water supply system that was issued on November 11, 2003. This 261 permit (#50245) authorizes Cocoa to withdraw ground water from the Cocoa 262 well field, and infect and withdraw water from ASR wells in east Orange 263 County. In 2008 Permit conditions entitled the City to withdraw water at a 264 maximum daily rate of 42 55 million gallons and a maximum annual rate of 265 12.79 billion gallons from a series of wells in the Floridan and intermediate 266 aquifers. 267 Cocoa's CUP also allows for the withdrawal of water from the Taylor Creek 268 Reservoir The permit authorizes Cocoa to withdraw surface water at 12 269 million gallons per day when levels at the Taylor Creek Reservoir are above 270 39' NGVD (National Geodetic Vertical Datum) and 6 million gallons per day 271 when levels are between 37' and 39' NGVD. 272 Demand Analysis and Projections 273 Cocoa's utility system has experienced steady growth. Since 2000, more than 274 15 000 accounts have been added to the system and the system provides 275 wholesale water to the City of Titusville. The City of Cocoa has recently 276 teamed up with the Viera Company in an effort to provide a greater supply 277 and better water pressures within the boundaries of Viera The construction 278 of a 42 inch water main which will carry water to Viera is currently underway 279 and should be completed late in 2009. As of 2009, the City of Cocoa's 280 system serves about 78,000 customers with a population of approximately 281 218,000 people. Cocoa's drinking water system processes approximately 10.5 282 billion gallons of water each year, with a peak flow of 43.3 million gallons per 283 day (mgd) during the summer. Average daily flow has increased from 22 284 mgd in 1990 to 28.6 mgd in 2006. Cocoa's system growth and historical DRAFT — 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 19 285 potable water use from 1990 through 2008 are shown in Table 1. The historical 286 consumption of potable water by the residents of the City of Cape 287 Canaveral from 2003 through 2011 is shown in Table 4. This table depicts the 288 significant difference between the water use that was projected and the 289 water that was actually used. While 129.1 gallons per person per day has 290 been allocated for the City of Cape Canaveral, each year the water 291 consumption is declining, due in part to the City's reuse program. These users 292 account for approximately 1.08 MGD in reuse demand. This constitutes an 293 offset of potable water usage from the City of Cocoa's municipal water 294 system, being Cape Canaveral's potable water provider. 295 Table 4 - Cape Canaveral Potable Water Usage (2003 - 2011) 296 Cape Canaveral Potable Water Usage ( 2003 - 2011) Projections (129.1 gallons per day per person) Actual Gallons Used* Year Population Gallons per Projection day MGD Total Gallons Per Year Gallons per day MGD Difference in MGD 2003 2004 2005 2006 2007 2008 2009 2010 2011 9,496 1,225,933 9,807 1,266,083 10,034 1,295,389 10,317 1,331,924 10,526 1,358,906 10,635 1,372,978 10,499 1,355,420 9,912 1,279,639 9,936 1,282,737 1.28 1.30 1.31 1.33 1.34 1.36 1.38 1.42 1.44 356,947,000 383,034,000 378,145,000 370,598,500 365, 229,000 352,978,000 353,706,000 350,284,000 351,683,000 Note: *Information pro-.ded by the City of Cocoa Utilities Department 977,936 1,049,408 1,036,014 1,015,338 1,000,627 967,063 969,058 959,682 963,515 0.98 1.05 1.04 1.02 1.00 0.97 0.97 0.96 0.96 297 Table 5 - Cape Canaveral Potable Water Use Projection Cape Canaveral Water Use Projection Year Population Projection Gallons per day MGD Cocoa CUP Allocation (MGD) % of CUP Use by Cape Canaveral 2011 9,936 2012 10,078 2013 10,191 2014 10,306 2015 10,422 2016 10,535 2017 10,762 2018 11,020 2019 11,192 2020 11,364 2021 11,535 2022 11,707 2023 11,878 2024 12,050 2025 12,339 1,282,737 1,301,069 1,315,658 1,330,458 1,345,517 1,360,059 1,389,318 1,422,709 1,444,868 1,467,027 1,489,186 1,511,346 1,533,505 1,555,664 1,592,964 1.28 1.30 1.31 1.33 1.34 1.36 1.38 1.42 1.44 1.46 1.48 1.51 1.52 1.55 1.59 34.52 36.54 38.11 3.72% 3.77% 3.81% 3.85% 3.68% 3.72% 3.80% 3.89% 3.95% 3.85% 3.91% 3.97% 4.02% 4.08% 4.18% 0.25 0.22 0.26 0.32 0.36 0.41 0.39 0.32 0.32 298 According to the City of Cocoa's Utilit es Deparment, Cocoa estimates that 299 all of their customers, including the City of Cape Canaveral residents are 300 expected to use an average of 129.1 gallons of potable water per person per 301 day. As of April 2011, the Bureau of Business and Economic Research show 302 the current city population for Cape Canaveral as 9,936 persons. Cape DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 10 303 Canaveral is expected to increase its population by more than 2,403 304 residents by the year 2025, which results in the anticipated population of 305 12,339 persons. Based on the use of 129.1 gallons per day per person, 306 demand for water will increase from 1 28 MGD in 2011 to a projected need of 307 1.59 MGD in 2025. Table 5 shows the projected population and water 308 demand for 2011 through 2025 309 The City of Cape Canaveral residents currently use approximately 3.77% of 310 Cocoa's CUP -allocated water supply. With Cape Canaveral's anticipated 311 growth, the City of Cocoa will need to increase that supply usage to 4.18% in 312 2025. The City of Cape Canaveral will work with Cocoa on an as needed 313 basis to ensure that Cocoa has the ability to meet the City of Cape 314 Canaveral's growing needs. The City will monitor and participate, as 315 necessary, in the City of Cocoa's water supply planning processes (e g 316 updates to water supply facilities work plan and consumptive use permit, 317 etc.) to ensure that the City of Cocoa accurately accounts for and meets 318 the City's current and future water needs. Currently, Cocoa maintains water 319 concurrency to ensure that potable water is available for the City of Cape 320 Canaveral now and in the future. 321 Cocoa staff worked closely with Brevard County staff in the Planning and 322 Zoning offices to determine the future water needs The flow projections were 323 completed in 2008 as part of the Water 2025 water supply planning process 324 and are shown in Table 6 and Table 7. Cocoa Staff has also mapped current 325 and projected areas that will have water service in 2025 326 The system flow projections are based on a review of historical records and 327 estimations of future needs. These estimations are based on four (4) major 328 factors which include population projections, customer accounts, per capita 329 flow, and projected wholesale water use. Each factor is discussed below. 330 Population Growth 331 Population growth is projected using SJRWMD projections and Traffic Analysis 332 Zone (TAZ) data supplied by Brevard County staff in the Planning Office. The 333 Brevard County data is based on the TAZ data generated by the Brevard 334 MPO. Where needed, Cocoa's service area was broken down into smaller 335 sub -areas that cumulatively correspond to full TAZ area boundaries. 336 Projected population was obtained from the SJRWMD's latest population 337 projections for the City of Cocoa and Brevard County service area The maps 338 that these projections are based on differ significantly from the TAZ maps 339 used by the City and other local governments, including the Brevard MPO 340 and the ECFRPC. 341 However, while the analysis zones of the SJRWMD and MPO TAZ maps 342 differed significantly, the total population projection used by SJRWMD differs 343 only slightly from the City of Cocoa's (SJRWMD uses a five year population 344 projection increment). The SJRWMD projected a population of 241,080 within 345 the City of Cocoa service area for 2018 as shown in Table 6. The City of 346 Cocoa projected a service area of 247,118, less than 1% difference from DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 11 347 SJRWMD projections. To maintain consistency with the District's Water Supply 348 Plan (WSP) and because the percentage difference is not considered 349 significant, the City utilized the District's population estimate for the Plan. 350 DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 12 351 Table 6 - Cocoa Projected Water Use Demand and Flows (Based on TAZ Population Projections by Major User Groups) 352 Year 2008 Population based on TAZ DATA Plus Viera Customer Accounts Dry Year Projections Average Rainfall Year Projections Per Capita Flow Dry Year Dry Year Commercial and Domestic Flow MGD Dry Year US Gov. Contract Flow MGD Titusville Maximum Contract Flow MGD Projected Port Canaveral Flow MGD Projected Flow For Dry Year MGD 218915 78130 129.8 28.42 4.5 1.5 2009 221037 79225 129.4 28.6 4.5 1.5 2010 223179 79992 129.1 28.81 4.5 1.5 2011 225342 80768 128.8 29.02 4.5 1.5 2012 227526 81550 128.5 29.24 4.5 1.5 2013 229731 82341 128.1 29.43 4.5 1.5 2014 231957 83139 127.8 29.64 4.5 1.5 2015 234205 83944 127.5 29.86 4.5 1.5 2016 236475 84758 127.2 30.08 4.5 1.5 2017 238766 85579 126.8 30.28 4.5 1.5 2018 241080 86409 126.5 30.5 4.5 1.5 2019 243417 87246 126.2 30.72 4.5 1.5 2020 245776 88092 125.8 30.92 4.5 1.5 1.26 35.68 1.31 35.91 1.35 36.16 1.4 36.42 1.44 36.68 1.49 36.92 1.53 37.17 1.58 37.44 1.62 37.7 1.67 37.95 1.71 38.21 1.76 38.48 1.8 38.72 Maximum Daily Flow for Dry Year MGD 53.52 53.86 Per Capita Flow Average Year 122.3 122 54.24 121.7 54.63 121.4 55.02 121.1 55.38 120.8 55.75 120.4 56.16 120.1 56.55 119.8 56.92 119.5 57.31 119.2 57.72 118.8 58.08 118.5 Average Year Commercial and Domestic Flow MGD 26.77 26.97 Average Year US Gov. Contract Flow MGD Titusville Projected Projected Total CUP Minimum Port Flow For Allocations Contract Canaveral Average Per Year Flow MGD Flow MGD Year MGD MG 3.7 3.7 27.16 3.7 27.36 3.7 27.55 3.7 27.75 3.7 27.98 3.7 28.13 3.7 28.33 3.7 28.53 3.7 28.72 3.7 28.93 3.7 29.13 3.7 0.5 1.26 32.23 12300.5 0.5 1.31 32.48 12450.2 0.5 1.35 32.71 12599.8 0.5 1.4 32.96 12749.5 0.5 1.44 33.19 12895.5 0.5 1.49 33.44 13045.1 0.5 1.53 33.71 13191.1 0.5 1.58 33.91 13337.1 0.5 1.62 34.15 13479.5 0.5 1.67 34.4 13625.5 0.5 1.71 34.63 13767.8 0.5 1.76 34.89 13910.2 0.5 1.8 35.13 14052.5 2009) Futub Customer Account Growth Based on Population divided by >.79 people per account latest census data) Source: City a" Cocoa Water Supply Facilit es Work Plan 353 Future per capita flows reflect 2.5% reduction from 2010 to 2020 354 Table 7 - City of Cape Canaveral Population Growth Projections Area Traffic Analysis Zone 2000 Population 2025 Population Population Change Increase in Water Demand (MGD) Cape Canaveral South of SR 528 Totals 500 0 0 0 0 501 0 0 0 0 502 0 0 0 0 503 444 952 508 0.048260 504 572 633 61 0.005795 505 2925 3325 400 0.038 506 2467 2663 196 0.01862 507 1042 1123 81 0.007695 508 851 1000 149 0.014155 509 1738 1856 118 0.01121 510 731 787 56 0.00532 10,770 12,339 1,569 0.149055 355 Cape Canaveral per capita demand is 95 gpd based on level -of -service standard of 264 gpd 356 Source: City of Cocoa Water Supply Facilities Work Plan (2009) DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 13 357 358 Customer Accounts 359 The estimated growth in customer accounts is based on the population 360 served in 2000 divided by the number of accounts in 2000. The result is 2 79 361 persons per account. The projected number of customer accounts from 2010 362 to 2020 was calculated by dividing the TAZ population projections by 2 79. 363 Cocoa's water service area is not limited to the City of Cocoa only. Per 364 capita use of potable water for the City of Cocoa differs from per capita use 365 of Cocoa's water service franchise area 366 Per Capita Flow 367 Cocoa's water billing database does not allow differentiation of residential 368 (household) uses and commercial uses. This level of analysis is not possible 369 because only single-family residential units are coded as residential Multi - 370 family accounts are coded as commercial accounts. For the purposes of 371 historical uses and flow projections, per capita use is based on combined 372 household and commercial uses Tess wholesale water sales to Titusville, Port 373 Canaveral, and the U. S Government facilities at Kennedy Space Center, 374 Cape Canaveral Air Force Station, and Patrick Air Force Base. 375 The logic for this analysis is that increasing population requires additional 376 household use and additional retail and commercial support uses. An analysis 377 of per capita residential/commercial (r/c) flows for the period from 1990 to 378 1999 is based on actual flows and estimated population. The combined r/c 379 flow rates range from 118 gpd to 139 gpd with a 10 -year average of 129.1 380 gpd per person. For the City of Cape Canaveral, based on the level -of - 381 service standard of 264 gpd, the per capita use is 95 gallons per day. 382 Based on historical annual rainfall totals, the City has determined that 1990 383 represented a dry year (1. in 10 year drought) SJRWMD Water Supply 384 Management staff has determined that 1995 represented an average rainfall 385 year (SJRWMD's Water Supply Assessment — 1998). Observed per capita 386 flows for these years (139 gpd dry, 130-gpd average) were used to project 387 future r/c flow needs for dry and average rainfall years. Obviously, rainfall 388 distribution throughout the year plays a major part in overall water use and 389 greater than 1:10 year drought occurrences will result in annual water 390 demands greater than projected dry year demands. Abnormal rainfall 391 distributions can result in higher than expected peak use, even during years 392 that receive a normal annual amount of rainfall. 393 Proiected Wholesale Water Use 394 Cocoa's largest wholesale water customer is the U.S. Government. The U.S. 395 Government contract with Cocoa is for a combined annual average daily 396 flow (aadf) of 5 mgd at three installations. Kennedy Space Center, Cape 397 Canaveral Air Force Station, and Patrick Air Force Base. The historical flows 398 range from 3.13 mgd to 4.23 mgd. The average of this range, 3.7 mgd, was 399 chosen to represent the flow during an average rainfall year The maximum DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 14 400 contract amount of 5 mgd was chosen to represent U. S Government flow 401 during a dry year 402 Cocoa also has an interlocal agreement for a system interconnect with the 403 City of Titusville, which has been amended to supply up to 1.5 mgd aadf 404 Through this agreement, Titusville is also committed to purchase at least 0.5 405 mgd during each monthly billing period. Current flows average slightly over 406 0.5 mgd Therefore, 0.5 mgd was chosen to represent flows during an 407 average rainfall year and the maximum contract amount of 1.5 mgd was 408 used for future dry year flows. 409 Another major wholesale water customer is Port Canaveral Large quantities 410 of water are supplied through the Port to cruise ships Significant growth in this 411 sector is projected as Port Canaveral grows as a cruise destination for the 412 Central Florida tourist market. The construction of new cruise terminals is being 413 planned to meet this demand 414 The City also has supply agreements with the City of Cocoa Beach, 415 Rockledge, and Cape Canaveral The City of Cocoa has been supplying the 416 City of Cocoa Beach with water service since 1957 The most recent water 417 franchise agreement with the City of Cocoa Beach took effect in 1988 and 418 expires in 2018 Cocoa's franchise agreement with Rockledge was signed in 419 1994 and will expire in 2024 Cocoa and Cape Canaveral entered into a 30- 420 year water franchise agreement in 1964 which expired in 1994. In 1994 421 Cocoa entered into another 30 -year water franchise agreement with The City 422 of Cape Canaveral which expires in 2024. 423 Projected population and water demands are accounted for by using 424 historical population values to predict what future growth may look like. 425 Population for the City's franchise area is redistricted using account data, TAZ 426 data, and census data Please see the Population Growth section of this 427 document for further explanation. 428 Cocoa is coordinating with municipalities and wholesale water customers 429 within the franchise area and has reached out to representatives from all 430 areas within the franchise area to attend and provide input to all Utilities 431 Advisory Board Meetings 432 Maximum daily flows were projected based on historical peaking factors 433 observed. In general, peaking factors are larger during dry years and are Tess 434 pronounced during average rainfall years The peaking factor used for 435 projections is 1.50. 436 437 V. WATER CONSERVATION 438 The City of Cape Canaveral has several policies in its comprehensive plan 439 which address water conservation. Conservation Management Element 440 Objective C-2 and corresponding policies C-2 4, C-2.5 and C-2 6 state that 441 the City of Cape Canaveral will cooperate with the St. Johns River Water 442 Management District, Brevard County and City of Cocoa during times when 443 emergency water conservation measures are in effect. These policies also DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 15 444 state that the City's Land Development Regulations will require that 445 development be contingent upon the availability of adequate potable 446 water and that the City will evaluate alternatives for the conservation on 447 existing water supplies. 448 The City of Cape Canaveral has an active water conservation program since 449 the early 1990's which includes education programs on water conservation, 450 voluntary watering restrictions, water reuse and water reclamation. 451 Following the enactment of Chapter 90-262, FS., which prohibited the 452 discharge of wastewater into the Indian River Lagoon system, the City 453 conducted a study to determine the feasibility of implementing a system to 454 meet the State requirements. The study determined that full reuse of treated 455 effluent and the discontinuation of discharge into the Indian River Lagoon 456 system was not financially feasible. In 1994, through the adoption of 457 Resolution 94-19, City of Cape Canaveral and the City and Cocoa Beach 458 entered into an inter -local agreement to transfer treated effluent to 459 supplement the City of Cocoa Beach's reclaimed water supply. This inter - 460 local agreement for 750,000 gallons per day on an annual average daily 461 basis made the implementation of a reclaimed water system feasible for the 462 City of Cape Canaveral. 463 The City of Cape Canaveral has a 1.8 million gallon per day advanced 464 wastewater treatment (AWT) and reclaimed water production improvement 465 project on the city's existing wastewater treatment plant. Since '1994 the City 466 of Cape Canaveral has made additions to the wastewater treatment plant 467 to include secondary clarifiers, fermentation/first anoxic basins, oxidation 468 ditch, belt filter press and a 1.0 MG reuse storage tank and pumping station. 469 In addition, the city constructed the first phase of the citywide reclaimed 470 water system which also included the transmission main interconnect with the 471 City of Cocoa Beach. The reclaimed water produced at the City of Cape 472 Canaveral's new water reclamation facility will be utilized to replace potable 473 water that is currently used for non -potable purposes, such as irrigation. 474 In an effort to encourage greater use of reclaimed water, the City of Cape 475 Canaveral has taken the leadership role by keeping the cost of reclaimed 476 water to its customers as low as possible. 477 To further the City's efforts for the protection of water quality for the Indian 478 River Lagoon, the City has a policy that prohibits the use of septic tanks. 479 480 VI. CAPITAL IMPROVEMENTS SCHEDULE 481 The City's financially feasible 5 -Year Capital Improvements Schedule, 482 adopted annually, includes capital improvements projects necessary to 483 maintain levels of service and provides for improved operational capacity 484 over the next five years. The City does not anticipate any other non -potable 485 water capital improvements projects during the remainder of the WSFWP 486 planning period The City has prepared a five-year capital improvements 487 plan that was adopted as part of the Work Plan as shown in Table 8 below. DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 16 488 Table 8 - Cape Canaveral 5 -Year Capital Improvements Schedule 489 490 491 CIP # ENTERPRISE CAPITAL FUND EC -1 Sewer Manhole Rehabilitation EC -2 Oxidation Ditch Reconfiguration EC -3 WWTP Building Renovation EC -4 TCU Radio Replacements EC -5 Sludge Belt Press Refurbishment EC -6 Reclaimed Water Tank EC -7 BOD Incubator Replacement EC -8 Holman Road Improvements EC -9 Intermediate Pump Station By-pass EC -10 RAS Pump Motor Replacements EC -11 Computer Replacements EC -12 Wastewater Sampler Replacements EC -13 Office Equipment Upgrades EC -14 Lift Station Rehabilitations EC -15 Piermount Mixer Rehabilitations EC -16 Flygt Mixer Replacements EC -17 Shop Equipment - Heavy Duty Tools EC -18 Vehicle Replacements - WWT EC -19 Reclaimed Water Pump Replacements EC -20 Lift Station Pump Replacements EC -21 Instrumentation Upgrades EC -22 Reclaimed Pump Motor Replacements EC -23 Emergency Generators EC -24 Sludge Holding Blower Replacements EC -25 WWTP Generator Replacement EC -26 WWTP Lab Dishwasher Replacement EC -27 WWTP SCADA System EC -28 Transfer Basin Pump Replacements EC -29 WAS Pump/Pump Motor Replacements EC -30 Internal Recycle Pump Replacements EC -31 WWTP Electrical/Lighting Rehabilitation EC -32 Grit/Bar Screen System Replacement EC -33 Variable Frequency Drive Installations EC -34 Bleach System Upgrades EC -35 Copy Machine Replacement EC -36 Distilled Water System Replacement EC -37 WWTP Facility Fence Replacement EC -38 Force Main Replacement EC -39 Administration Building Improvements EC -40 TSS Oven Replacement Total Enterprise Capital Fund FY FY FY 2014 2015 2016 20,000 1,414,700 870,886 10,200 937,062 1,360,121 8,500 239,870 256,000 286,900 15,000 80,000 15,000 15,500 16,000 14,000 15,500 3,000 7,000 7,000 7,000 5,000 233,832 71,000 77,000 21,000 15,500 16,000 8,100 3,000 25,000 26,000 8,000 8,200 8,400 25,000 26,000 27,000 12,000 12,500 8,100 12,000 13,000 55,000 65,000 66,000 1 50,000 1 120,000 10,000 1 120,000 1 15,000 16,000 15,000 16,000 15,000 16,000 FY 2017 FY 2018 6,000 6,000 5,000 22,000 26,000 8,400 3,000 27,000 8,600 8,800 28,000 29,000 8,400 8,700 14,000 17,000 18,000 17,000 18,000 110,000 120,000 7,500 7,800 8,100 8,400 24,500 1 10,000 1 16,800 50,000 1 122,000 1 144,000 1 5,000 11 $5,312,671 $990,700 $723,100 $554,500 $171,900 1 Source: City of Cape Canaveral Finance Department (2013) 492 Alternative Water SUDDIv Proiects DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 17 493 Since the City of Cape Canaveral does not produce potable water or have 494 a potable water distribution system, the development of traditional water 495 supplies and alternative water supplies and bulk sales agreements are not 496 tasks that the City is able to accomplish. However, the city is engaged in 497 several conservation and reuse activities within the City that works to assist in 498 the reduction in use of potable water and its availability in emergency 499 situations. DRAFT - 08-20-2013 Cape Canaveral WSFWP Planning Design Group Page 1 18 City of Cape Canaveral Community & Economic Development Department Date: August 29, 2013 To: Barry Brown, Planning & Zoning Director From: Through: Re: Recommendation to City Council - Ordinance No. XX -2013 - Water Supply Facilities Work Plan (WSFWP) Susan L. Chapman Secretary Planning & Zoning Board/Local Planning Agency Lamar Russell, Chairperson 7fi 7P Planning & Zoning Board/Local Planning Agency Attachment 3 On August 28, 2013, the Planning & Zoning Board met as the Local Planning Agency. The Board reviewed proposed Ordinance No. XX -2013, Implementing the City's Waste Supply Facilities Work Plan. Following review and discussion, the Board unanimously recommended that City Council approve the ordinance, as presented. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org City of Cape Can ver a City Council Agenda Herm Cfity Council Meeting Date: 10/i5/2013 Item N o . 7 Subject: Ordinance No. 13-2013; adopting the amendments to the Annual General Fund, Special Revenue Funds, Wastewater Enterprise Fund and Stormwater Enterprise Fund Budgets for the Fiscal Year beginning October 1, 2012, and ending September 30, 2013; providing for an effective date, first reading. Department: Administrative Services Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 13- 2013, attachment #1, is presented for adoption Exhibit "A" to the Ordinance details items that were carried forward from FY 2012; the mid -year budget transfers; the year end budget adjustments and concludes with the ending budget. Attachment #2 provides further detail of the items carried forward from FY 2012 and attachment #3 provides further details of the mid -year budget transfers. The year-end budget adjustment column on Exhibit "A" is a bit different than in years past. This year revenue and expense have been adjusted to reflect what we believe to be the final Budget. You will now be able to see revenue that has exceeded estimates or was under -realized. On the expenditures, you will be able to see where money was saved or in some cases, where projects were budgeted, but for some reason not completed, such as North Atlantic Avenue Improvements Project and the Fire Station, which have been re - budgeted for FY 2013/14. As with past years, the Comprehensive Audited Financial Report (CAFR) will provide the actual expenditures for this budget year. This is the first reading of Ordinance No. 13-2013. Submitting Department Director: John DeLeo Date: Attachments: #1 Ordinance No. 13-2013 and Exhibit "A" #2 Purchase Order Rollovers Detail #3 Budget Adjustment Detail Financial impact: No additional financial impact is experienced through the formal adoption of the Budget Adjustments & Amendments; however, the financial impact of each Adjustment or Amendment is recorded at the face value of the Amendment. Reviewed by Finance Director: John DeLeo The City Manager recommends that City Council tke t Adopt Ordinance No. 13-2013, first reading. Date: /0 -- le le following action: Approved byCity Manager: David L. Greene & ` - > Date: to /3 / Cut CounciAction: Approved as Recommended Disapproved y [ ] pp [ ] pp [ ] Approved with Modifications [ ] Tabled to Time Certain e ORDINANCE NO. 13-2013 Attachment 1 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SPECIAL REVENUE FUNDS, WASTEWATER ENTERPRISE FUND AND STORMWATER ENTERPRISE FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012,.AND ENDING SEPTEMBER 30, 2013; 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 Amendments to the Annual General Fund, Special Revenue Funds, Wastewater Enterprise Fund and Stormwater Enterprise Fund Budgets which 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, 2012, and ending September 30, 2013, 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 day , 2013. ATTEST: Angela Apperson, Assistant City Manager/City Clerk Approved as to form: Anthony A. Garganese, City Attorney First Reading: 10/15/2013 Legal Ad Published: Second Reading. Rocky Randels, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh FOR AGAINST REVENUE Cash Forward Ad Valorem Taxes Local Option Gas Tax Franchise Fees Utility Taxes Communications Service Tax Permits & Licenses Federal Grants State Shared Revenue Local Shared Revenue Charges for Services Garbage & Recycling Revenue Recreation Fees Fines & Forfeitures Interest Income Fire Hydrant Rental Fee Miscellaneous Revenue Other Financing Sources TOTAL REVENUES EXPENDITURE Legislative $ Administrative Services Community & Economic Development Police Services Fire/Rescue Services Building & Code Enforcement Infrastructure Maintenance Leisure Services Legal Services Solid Waste Non -Departmental Contingency TOTAL EXPENDITURES $ Exhibit "A" to Ord. 13-2013 GENERAL FUND FY 2013 STARTING BUDGET 794,779 $ 3,130,598 285,100 708,000 1,105,000 555,000 376,699 720,500 145,000 38,120 948,200 113,046 28,600 130,250 51,786 42,095 128,120 9,300,893 $ 38,289 $ 318,932 385,960 2,631,304 1,710,886 291,690 1,316,962 551,325 112,000 932,800 460,138 550,607 9,300,893 $ FY 2012 CARRY -FWD ADDITIONS 111,805 $ 111,805 $ 51,644 36,531 23,630 111,805 $ FY 2013 MID YR BUDGET TRANSFERS US $ - $ 2,415 (2,016) 4,316 2,016 5,000 36,235 (47,966) - $ FY 2013 YR END BUDGET ADJUSTMENTS (593,169) $ 36,634 39,626 (100,002) (253,554) (28,809) (136,362) 16,915 (1,279) (9,922) 21,192 (23,678) 54,257 (21,949) (3,091) 100,121 an (903,069) $ (15,347) $ 1,787 (125,760) (8,091) (2,381) (33,104) (574,026) (55,945) 2,741 25,939 (109,914) (8,967) (903,069) $ FY 2013 ENDING BUDGET 313,415 3,167,232 324,726 607,998 851,446 526,191 240,337 737,415 143,721 28,198 969,392 89,368 82,857 108,301 48,695 142,216 128,120 8,509,629 22,942 323,134 309,828 2,623,213 1,712,821 260,602 779,467 500,380 114,741 958,739 410,089 493,674_ Page 1 of 7 REVENUE Cash Forward Police Education Income Interest Income TOTAL REVENUES EXPENDITURE Education & Training Contingency TOTAL EXPENDITURES Exhibit "A" to Ord. 13-2013 POLICE EDUCATION FUND FY 2013 FY 2012 FY 2013 FY 2013 FY 2013 STARTING CARRY -FWD MID YR BUDGET YR END BUDGET ENDING BUDGET ADDITIONS TRANSFERS ADJUSTMENTS BUDGET 3,000 $ 1,440 240 4,680 $ 3,000 $ 1,680 4,680 $ FY 2013 STARTING BUDGET an $ FIRE PROTECTION FUND OW - $ 3,000 (457) 983 (91) 149 (548) $ 4,132 (3,000) $ 2,452 (548) $ FY 2012 FY 2013 FY 2013 FY 2013 CARRY -FWD MID YR BUDGET YR END BUDGET ENDING ADDITIONS TRANSFERS ADJUSTMENTS BUDGET REVENUE Interest Income $ 468 $ - $ - $ (170) $ Impact Fees 15,741 - - (15,741) Net Increase (decrease) in FMV - _ _ 48 TOTAL REVENUES $ 16,209 -$ - $ $ (15,863) $ EXPENDITURE Contingency $ 16,209 $ - $ - $ (15,863) $ TOTAL EXPENDITURES $ 16,209 $ $ - $ (15,863) $ 4,132 4,132 298 48 346 346 346 Page 2 of 7 REVENUE Cash Forward Parking Fine Surcharge Interest Income TOTAL REVENUES EXPENDITURE Transfer to Fund 001 Contingency TOTAL EXPENDITURES REVENUE Ad Valorem Taxes Ad Valorem Tax Delinquent Tax Penalty Income Interest Income Interest - Tax Collections Net Increase (decrease) in FMV TOTAL REVENUES EXPENDITURE General Insurance Building & Grounds Maintenance Operating Supplies Contingency TOTAL EXPENDITURES $ Exhibit "A" to Ord. 13-2013 SCHOOL CROSSING GUARD FUND FY 2013 STARTING BUDGET era $ 3,060 60 3,120 $ 3,120 $ 3,120 $ FY 2013 STARTING BUDGET 57,688 $ 144 5 1,980 59,81'7 $ 32,000 $ 11,760 175 15,882 59,817 $ FY 2012 CARRY -FWD ADDITIONS OS FY 2013 MID YR BUDGET TRANSFERS LIBRARY FUND FY 2012 CARRY -FWD ADDITIONS $ $ 001. IOW FY 2013 MID YR BUDGET TRANSFERS OM $ $ $ FY 2013 YR END BUDGET ADJUSTMENTS 1,083 $ (1,069) (15) 0 $ FY 2013 YR END BUDGET ADJUSTMENTS (1,281) $ 1,862 99 (751) 67 (2) $ (4,483) $ (9,857) 14,338 (2) $ FY 2013 ENDING BUDGET 1,083 1,991 45 3,120 3,120 3,120 FY 2013 ENDING BUDGET 56,407 2,006 104 1,229 67 59,815 27,517 1,903 175 30,220 59,815 Page 3 of 7 Exhibit "A" to Ord. 13-2013 LAW ENFORCEMENT TRUST FUND FY 2013 FY 2012 FY 2013 FY 2013 FY 2013 STARTING CARRY -FWD MID YR BUDGET YR END BUDGET ENDING BUDGET ADDITIONS TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 3,179 $ - $ - $ - $ 3,179 Contraband Income - State - - - - - Interest - State 260 - - (110) 150 Net Increase (decrease) in FMV - - - 146 146 TOTAL REVENUES $ 3,439 $ - $ - $ 36 $ 3,475 EXPENDITURE School Resource Officer $ 3,179 $ - $ - $ - $ 3,179 Contingency 260 - - 36 296 _ TOTAL EXPENDITURES $ 3,439 $ - $ - $ 36 $ 3,475 Page 4 of 7 REVENUE Cash Forward - General Gov't. Cash Forward - Fire Cash Forward - Library Interest - Gen. Gov't. Interest - Police Interest - Fire/Rescue Interest - Library Interest - Parks & Rec Net Increase/decrease in FMV Capital Expansion Fees - Gen. Gov't. Capital Expansion Fees - Police Capital Expansion Fees - Fire Capital Expansion Fees - Library Capital Expansion Fees - Parks TOTAL REVENUES EXPENDITURE Capital - General Gov't. Capital - Fire Capital - Library Contingency - Gen Gov't. Contingency - Police Contingency - Fire Contingency - Library Contingency - Parks & Rec. TOTAL EXPENDITURES $ $ Exhibit "A" to Ord. 13-2013 CAPITAL EXPANSION FUND FY 2013 STARTING BUDGET 250,000 $ 2,500,000 5,400 1,680 1,600 2,000 2,402 12,157 17,553 10,983 15,603 17,428 2,836,806 $ 91,598 $ FY 2012 CARRY -FWD ADDITIONS - $ 91,598 alb 250,000 $ 2,500,000 12,157 20,289 14,441 19,722 20,197 2,836,806 $ - $ 91,598 91,598 $ FY 2013 MID YR BUDGET TRANSFERS 29,276 29,276 $ 29,276 MO 29,276 $ FY 2013 YR END BUDGET ADJUSTMENTS (240,000) $ (2,485,665) (1) (1,697) (622) (666) 833 (890) 2,167 (11,840) (17,168) (10,790) (15,363) (16,973) (2,798,674) $ (240,000) $ (2,485,665) (1) (5,970) (18,846) (13,314) (16,649) (18,230) (2,798,674) $ FY 2013 ENDING BUDGET 10,000 105,934 29,275 3,703 1,058 934 2,833 1,512 2,167 317 385 193 240 455 159,006 10,000 105,934 29,275 6,188 1,443 1,127 3,073 1,967 159,006 Page 5 of 7 REVENUE Cash Forward Utility Operating Income Utility Penalty Income Impact Fees Reuse Hook -Up Fees Reclaimed Water Revenue Sale of Fixed Assets Refund of Prior Year Expense Investment Income SRF Loan Proceeds Net Increase/Decrease in FMV TOTAL REVENUES EXPENSE Personnel Services Operating Expenses Capital Purchases Transfer to General Fund Debt Service Contingency TOTAL EXPENSES $ Exhibit "A" to Ord. 13-2013 WASTEWATER ENTERPRISE FUND FY 2013 STARTING BUDGET 773,400 $ 3,451,256 60,000 193,322 5,400 165,000 IMP 24,000 3,650,000 8,322,378 $ FY 2012 CARRY -FWD ADDITIONS 69,481 $ MO 69,481 $ FY 2013 MID YR BUDGET TRA NSFERS 1,279,879 $ 991,316 4,423,400 125,000 649,385 853,398 8,322,378 $ $ 69,481 69,481 $ $ - $ 63,119 240,286 OD (303,405) - $ FY 2013 YR END BUDGET A DJUSTMENTS (652,964) $ (227,287) (13,762) (186,129) (2,900) (102,516) 6,367 (14,556) (3,443,301) 5,201 (4,631,846) $ (174,014) $ (137,583) (4,237,487) (2) (82,761) (4,631,846) $ FY 2013 ENDING BUDGET 189,917 3,223,969 46,239 7,193 2,500 62,484 6,367 9,444 206,699 5,201 3,760,013 1,105,865 916,852 495,680 125,000 649,383 467,232 3,760,013 Page 6of7 REVENUE Cash Forward Stormwater Utility Fees Investment Income SRF Loan Proceeds Sale of Fixed Assets Refund of Prior Year Expense Net Increase (decrease) in FMV TOTAL REVENUES EXPENSE Personnel Services Operating Expenses Capital Purchases Contingency TOTAL EXPENSES $ Exhibit "A" to Ord. 13-2013 STORMWATER ENTERPRISE FUND FY 2013 STARTING BUDGET 24,200 $ 574,000 15,361 745,000 MIN 1,358,561 $ 166,968 $ 168,685 769,200 253,708 1,358,561 $ FY 2012 CARRY -FWD ADDITIONS 43,090 $ ea 43,090 $ $ 43,090 43,090 $ FY 2013 MID YR BUDGET TRANSFERS - $ 9,000 (9,000) - $ FY 2013 YR END BUDGET A DJUSTMENTS (6,200) $ 5,372 (6,322) (618,313) (547) 27 (625,984) $ 9,502 $ (27,586) (452,355) (155,545) (625,984) $ FY 2013 ENDING BUDGET 61,090 579,372 9,039 126,687 (547) 27 775,667 176,470 150,099 359,935 89,163 775,667 Page 7 of 7 General Fund: PO # 6876 5941 6823 6875 5743 6908 Vendor Kimley-Horn & Associates Milestone Professional Svcs North Key Consolidated Planning Design Group Quentin Hampton Associates Watts Falls & Features Capital Expansion Fund: PO # Vendor 6095 Baskerville - Donovan 6301 Universal Engineering tuffianragra Wastewater Enterprise Fund: PO # Vendor 6813 Baskerville - Donovan 5942 Parkson Corporation 6638 The Berryhill Group, LLC 6354 Baskerville - Donovan Stormwater Enterprise Fund: PO # Vendor 6813 Baskerville - Donovan 6638 The Berryhill Group, LLC City of Cape Canaveral Purchase Order Rollovers Detail FY 12 to be rolled into FY13 Original Amt. $ 55,900 $ 13,540 $ 10,000 $ 5,919 $ 78,015 $ 9,995 $ 173,369 Origin& Amt. $ 210,630 $ 3,040 $ 213,670 Original Amt. Paid as of 9/30/12 $ 10,175 $ 9,405 $ 500 $ 41,484 $ 61,564 Paid Carry -forward Amount $ 45,725 $ 4,135 $ 9,500 $ 5,919 $ 36,531 $ 9,995 $ 111,805 Account Number 001-003-515-330000 001-017-901-340000 001-017-901-330001 001-003-515-330000 001-007-541-630000 001-017-901-480000 Cash Forward 001-000-300-300100 Carry -forward as of 9/30/12 Amount $ 122,072 $ 88,558 $ - $ 3,040 $ 122,072 1 $ 91,598 'mace Paid Carry -forward as of 9/30/12 Amount /42:41: Account Number 302-026-522-600220 302-026-522-600220 Cash Forward 302-000-300-300102 i Tek $ 25,193 $ 10,797 $ $ 560,000 $ 532,000 $ $ 7,100 $ $ $ 22,000 $ 2,015 $ $ 614,293 $ 544,812 1 $ Original Amt. $ 46,787 $ 7,100 $ 53,887 Paid as of 9/30/12 $ 10,797 $ 10,797 14,396 28,000 7,100 19,985 69,481 fr- Account Number 401-010-535-631000 401-010-535-645000 401-010-535-631000 401-010-535-631000 Cash Forward 401-000-300-300100 Carry -forward Amount $ 35,990 $ 7,100 $ 43,090 Account Number 403-018-538-630000 403-018-538-630000 Cash Forward 403-000-300-300100 'tat 4 Grand Total Attachment 2 Comments CRA Redevelopment Plan Accounting and Consulting Services Consulting Services Salary/Benefits Water Supply Plan N. Atlantic Ave. Streetscape Project Sea Turtle Sculpture Comments New Fire Station New Fire Station ;0211 Comments Facilities Plan for SRF Recondition Dynasand Filters for WWTP SRF Process Engineering Study, Force Main, LS#3 Comments Facilities Plan for SRF SRF Process ravoseg; <'a "«z..:akar 315,974 General Ledger Budget Adjustment Detail lisv 2012/t3 Account Number 001-002-513-520000 06/18/2013 07/22/2013 Operating Supplies Replace worn out printer in Financial Services. Transfer funds to cover purchases through Fiscal Year end. 001-003-515-330000 Professional Services 03/13/2013 Replenish shortfall in account for payment to Kimley-Horn. 001-003-515-462000 Equipment Maintenance 01/31/2013 Cover increased cost of copier maintenance for new Konica Minolta copier. 001-003-515-470000 Printing 01/31/2013 Cover increased cost of copier maintenance for new Konica Minolta copier. 001-005-522-450000 General Insurance 04/02/2013 Transfer funds from contingency to cover cost of Fiduciary Liability Insurance. 001-006-524-330000 Professional Services 03/13/2013 Replenish shortfall in account for payment to Kimley-Horn 001-011-572-400000 Travel & Per Diem 07/16/2013 Membership & Conference Fee for FRPA & Fuel to get to year end. Page 1 City of Cape Canaveral From 001-017-901-990000 From 001-017-901-990000 To 001-006-524-330000 From 001-003-515-470000 To 001-003-515-462000 From 001-017-901-990000 From 001-003-515-330000 To 001-011-572-540000 Beginning Budget $ 7.710 $ 90,000 $ 5 4,100 $ 39.600 $ 200 $ 1,560 Attachment 3 Transfer Amount Ending Budget $ 666 $ 8,375 $ 1,750 $ 10,125 $ to et 10,125 1 5 87,984 1.$ 87,9841 2,650 $ 2,650 $ 2,650 (2,$50) 5 1,450 $ 1.450 $ 4,316 $ 43,916 $ Is 43,916 1 2.016 $ 2,216 I $ 2.216I 1,237 1,237 1 001-011-572-461000 04/03/2013 05/06/2013 05/06/2013 001-011-572-462000 04/03/2013 07/16/2013 001-011-572-524000 07/16/2013 Building & Grounds Maintenance Unanticipated Repairs to Racquetball Court Unanticipated Repairs to Recreaion Facilities Chemical Spravinq of Recreation Facilities under -budgeted Equipment Maintenance Unanticipated Repairs to Racquetball Court Cover Gasoline consumption to year end. Motor Fuel & Lubricants Cover Gasoline consumption to year end. From 001-011-572-528010 To 001-011-572-524000 From 001-011-572462000 001-011-572-528010 Tournament Expense 05/06/2013 Unanticipated Repairs to Recreation Facilities and under budgeted chemical spraying. To 001-011-572-461000 001-011-572-540000 07/16/2013 001-017-901-420000 06/18/2013 001-017-901-461000 05/22/2013 001-017-901-990000 04/02/2013 05/06/2013 05/22/2013 06/18/2013 06/18/2013 07/22/2013 Memberships & Training Membership & Conference Fee for FRPA & Fuel to get to year end. Postage Replenish Postage Meter Facility Maintenance Cover unforseen expenditures and emergency expenditure at Baseball Park. Contingency Transfer funds from contingency to cove cost of Fiduciary Liability Insurance Chemical Spravinq of Recreation Facilities under -budgeted Cover unforseen expenditures and emergency expenditure at Baseball Park. Replenish Postage Meter Replace worn out printer in Financial Services Transfer funds to cover purchases through Fiscal Year end. 302-000-300-300103 Cash Forward - Library 04/08/2013 Place funds in account for purchase of new library books. Page 2 From 001-011-572-400000 From 001-017-901-990000 From 001-017-901-990000 To 001-005-522-450000 To 001-011-572-461000 To 001-017-901-461000 To 001-017-901-420000 To 001-002-513-520000 To 001-002-513-520000 $ 68,505 $ 8,602 $ 2,800 $ 1.245 $ 1.000 $ 3,656 $ 22,320 $ 550,607 $ S 1,000 S $ 1,245 $ $ 5,000 S 69,505 70,750 75,750 S 75.750 1 S (1,000) $ 7,602 $ (650) $ 6,952 I$ $ 6,952 1 650 $ 3.450 15 3.450 1 $ (1,245) $ S 5 IS 323 S 1,323 1 I s 1.323 1 1.235 $ 4.891 1 5 4.891 1 $ 35,000 $ 57,320 ($ $7,320 1 (4,316) $ 546,291 (5,000) $ 541.291 (35,000) $ 506191 (1,235) $ 505,056 (665) $ 504,391 (1,750) $ 502,641 1 $ 502.641 1 $ 29,276 $ 29,276 j $ 29176 j 302-026-571-600710 04/08/2013 Capital - Library Place funds in account for purchase of library books approved by council 401-010-535-340000 Contract Services 02/15/2013 Wastewater Impact Fee Update Study per FS 163.31801. 401-010-535-462200 06/11/2013 401-010-535-620000 07118/2013 07/18/2013 Collection System Maintenance Madison Ave emergency repairs to sewer main. Capital - Buildings Change scope WW treatment Plant Renovations Baskerville Donovan Change in Scope - WW treatment Plant Renovations- Baskerville Donovan 401-010-535-630800 Capital - Force Main 07/18/2013 Change scope WW treatment Plant Renovations Baskerville Donovan 401-010-535-631000 Capital - Collection System 04/22/2013 Accelerated timeframe for sewer manholes to 3 years from 4 years. No FY13 Funds. 401-010-535-631300 Capital - Reuse Install 07/18/2013 Change in Scope - Lift Station #1 Improvements- Hinteriand 401-010-535-990000 02/15/2013 04/22/2013 06/11/2013 07/18/2013 07/18/2013 Contingency Wastewater Impact Fee Update Study per FS 163.31801. Accelerated timeframe for sewer manholes to 3 years from 4 years. No FY13 Funds_ Madison Ave emergency repairs to sewer main. Change in Scope - WW treatment Plant Renovations- Baskerville Donovan Change in Scope - Lift Station #1 improvements- Hinterland 403-018-538-330000 Professional Services 07/29/2013 Cover payment to Berryhill Group SRF Funds. 403-018-538-990000 Contingency 07/29/2013 Cover payment to Berryhill Group SRF Funds. Page 3 From 401-010-535-990000 From 401-010-535-990000 From 401-010-535-630800 From 401-010-535-990000 To 401-010-535-620000 From 401-010-535-990000 From 401-010-535-990000 To 401-010-535-340000 To 401-010-535-631000 To 401-010-535-462200 To 401-010-535-620000 To 401-010-535-631300 From 403-018-538-990000 To 403-018-538-330000 $ $ 1,200 $ 29,507 $1,599,500 $ 285,200 $ 265,000 $ 853,398 $ 3,000 $ 253,708 $ 29,276 $ 29,276 L$ ___Zt2TQ7 $ 21,500 $ 22,700 1 $ 22.700 $ 41,619 $ 71,126 LI _. 71,1ai $ 41,500 $ $ 83,500 $ 41,500 125,000 L$ 125.00OlE $ (41,500) $ 1,558,000 $ 71,786 $ 356,986 p $ 356.986 $ 85,000 $ 350,000 (21,500) $ 831,898 (71,786) $ 760,112 (41,619) $ 718,493 (83,500) $ 634,993 (85,000) $ 549,993 D $ 549.993 I 9,000 $ 12,000 $ 12.09 $ (9,000) $ 244,708 L$ _ 244,708 N City of Cape Canavera City Council Agenda Form City Council Meeting Date: 10/15/2013 Item No. Si Subject: Ordinance No. 14-2013, amending Sections 2-66 and 2-68 of the City Code related to Public Input & Participation at City Council Meetings; providing that the City Council shall establish a policy affording members of the public a reasonable opportunity to be heard during City Council Meetings consistent with applicable law; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code, severability and an effective date; first reading. Department: Legislative Summary: Code of Ordinance Sections 2-66 (f) & (g) and 2-68 outline the Council's current rules of procedure related to public participation. The adoption of S.B. 50, by the Florida Legislature, codified at Section 286 0114, Florida Statutes, requires that the public be given a reasonable opportunity to be heard on a proposition before a board or commission. Under a separate agenda item, the Council considered Resolution No. 2013-24, which establishes a new public participation policy and applies to the City Council, as well as all City Boards and Committees. Ordinance No. 14-2013, attached, is necessary to conform to Florida Statutes Section 286.0114. Submittiung Director: Angela Apperson Attachment. Ordinance No. 14-2013 Date: Ohl ! 3 Financial Impact: Cost of preparation of Ordinance, agenda item and Codification. Reviewed by Finance Director: John DeLeo Tie City Manager recommends that City Council t Approve Ordinance No. 14-2013 on first reading. U k Date: JO h !� the following actions: pproved .ay City Manager: David L. Greene 0 Date: %t/7 // 3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 14-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTIONS 2-66 AND 2-68 OF THE CITY CODE RELATED TO PUBLIC INPUT & PARTICIPATION AT CITY COUNCIL MEETINGS; PROVIDING THAT THE CITY COUNCIL SHALL ESTABLISH A POLICY AFFORDING MEMBERS OF THE PUBLIC A REASONABLE OPPORTUNITY TO BE HEARD DURING CITY COUNCIL MEETINGS CONSISTENT WITH APPLICABLE LAW; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Legislature of the State of Florida adopted S.B. 50, codified at Section 284.0114, Florida Statutes, which became effective on October 1, 2013; and WHEREAS, Section 284.0114, Florida Statutes, provides that members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission, which includes the City Council; and WHEREAS, in light of this new legislation, the City Council desires to amend the City Code with respect to certain rules and procedures applicable to public input during City Council meetings; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Section 2-66 and 2-68, City Code. Sections 2-66 and 2- 68 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) City of Cape Canaveral Ordinance No. 14-2013 Page 1 of 4 indicate a deletion from this Ordinance of text existing in Sections 2-66 and 2-68. It is intended that the text in Sections 2-66 and 2-68 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 2-66. - Consideration of matters before council. * X X (0 The city council shall establish, by resolution, policies and procedures affording members of the public a reasonable opportunity to be heard during city council meetings consistent with applicable law. Any citizen or interested pari a.L the meeting slimy ul Ully pct: • 1��. V1211J1 Vl u Y Uy lc ✓1Ly subject 111at11/4i1 1J 11V Valhi LU mfornlatiVc LV (IAIJ 12111211, LtlilliJJ 11111 111CLttertinde1 co 1L.JJ LllV CAL/ u11v1 Vll ,ii;otscJ 1.11at arc bcing 1111111JJ1V11 may Ltl, slallted only a1:111 LL. i711V VV 1116' �L11 L t11V Ll�l1 L2AJ11111J0 Ll11 L1 1iV11J1&ict .1V11 all6. 1J� Jl6'1I11ati Q+11: 17 T 1 J J ) 10 a yJul1 111.eal111� 11/.1/111. 111 VY 111 V11 11 GLJl1, the cit��,.,11 VL 1111v1 vJted parry Lall Ll/111,U.1J vvime.n. dill iithyV1 Vl IJl Lib 161112' vp%silo tkcd floor for tL, If such citizen or ill res party is speaking aJ an auLhorizcd represciital.lsC., oui%i1 1.J111oU11 lad Ui,v aciV1SC and Cumin/1i kir 114 pciSvll, g1Vup, Luolll�,o� Vl V16U111LQ:1vi111,1115 111y111J1/11ted7 (g) Each person addressing the council shall be required to speak from the podium or at such other city designated speaker location; and shall give his or her name and address in an audible tone for the minutes and, 1211111JJ ftred-.,1 L1111�1 iJ E1u11LV11 Ly 2111 council because dn., 112111 V all: 10Jlil/ 1 C11J11d 1\111u1111J aU L1V1U21 llVlloldl/1 CiL1V11 ley LlAl/ 11Vu11V 1, i111U11lima . 111J Vl 111/1 address to fivc minutes. No person other than councilmembers and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the council without the permission of the presiding officer. No question shall be asked of councilmembers, the city manager, city attorney, or staff except through the presiding officer. Councilmembers, the city manager, city attorney, and staff are not required to respond directly to persons addressing the council, but may respond in the discretion of the council or as required by law. Sec. 2-68. - General Discussion. Every regular meeting of the city council shall include a period of time, which shall occur during the public input portion of the meeting, limited L, v1111-1ittat ter hour for the purpose of a question -and -answer session during which any person from the audience may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The limitations and requirements set forth in section 2-66 shall apply. In addition, the following other requirements shall apply: City of Cape Canaveral Ordinance No. 14-2013 Page 2 of 4 (a) If it appears that a matter presented by a speaker during general discussion is administrative in nature, and the question or matter raised can be adequately answered or addressed by the city manager or administrative staff, the city council may request, upon consensus or proper motion and majority vote, that the speaker refer the matter to the city manager or his designee during normal city business hours. If such a referral is made by the city council, the speaker shall have no further right to present that matter at the meeting. If the speaker is not adequately satisfied by the city's administrative staff upon proper referral, the speaker shall have the right to bring the matter in question before the city council during the general discussion portion of any subsequent regular city council meeting. (b) The city council recognizes that the general discussion portion of the meeting is for the purpose of legitimate inquiries and discussion by the public and not for the purpose of advancing questions, arguments or repetitious questions concerning matters which the city council believes to be closed, privileged and confidential, or not of general public concern to the city. Further, it is not appropriate to address quasi-judicial and public hearing items under general discussion. The city council shall have the right during general discussion to decline to hear any person or any subject matter upon consensus or proper motion and majority vote by the city council. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 14-2013 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2013. ROCKY RANDELS, Mayor ATTEST: ANGELA APPERSON, City Clerk John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh First Reading: Advertisement: Second Reading: October 15, 2013 Approved as to form and legal sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 14-2013 Page 4 of 4 For Against CUT of Caps Carave a C ty Coirmcr] Agendai 'Torres Cllty Councoll Mi eet ng Date: 10/15/2013 ate om No. q Subject: Approve a conditional letter of support for Florida Biplanes & Helicopters operating a tour business at Port Canaveral. Department: Administrative Services Summary: Planned Development Application 2013-01 was submitted for the property located at the Northeast corner of Astronaut Blvd. (A1A) and Imperial Blvd. on February 20, 2013 and heard by the Planning and Zoning Board on February 27, 2013. A Motion carried to continue the item to allow for further study and test flights. On May 14, 2013 test flights were conducted and decibel readings were taken. At the June 12, 2013 Planning and Zoning Board meeting, a motion carried unanimously to forward the application to the City Council without a formal recommendation of the Board due to the previous tie vote. On July 29, 2013 Application 2013-01 was withdrawn. Florida Biplanes President Mark Grainger made application to the Port for a contract/lease to operate a tour business using the Southwest corner of Cruise Terminal 2 (CT2-Victory Casino Cruises parking lot); further information is available in the attachment The Port Commission authorized CEO John Walsh to negotiate a contract and lease terms with Florida Biplanes, Inc. They also requested input from the City Council. Mr. Mark Grainger has written a proposed conditional letter of support. He will be present to answer any questions. Submitting Director: Angela Apperson l,ttaclhment: September 27, 2013 e-mail with attachments. Financial impact: Cost to prepare agenda item. Date: \ if Reviewed by Finaice Director: John DeLeo Date: 1 -S-\-3 The City Manager recommends that City Council take the followin, action: Approve a conditional letter of support for Florida Biplanes & Helicopters operating a tour business at Port Canaveral. Approved by City Manager: David L. Greene `)'_' Date: to( s 1( 7 City Council Action: [ ] Approved as Recommended [ ] Disapproved ' [ ] Approved with Modifications [ ] Tabled to Time Certain Mark Grainger <mark@FloridaBiplanes.com>& September 27, 2013 2:23 PM Helicopter rides at the Port 1 Attach David, I wanted to give you an update on my progress in securing a location for my helicopter tour business at the Port. Please feel free to share this information with the city council members. At the last Port Commission meeting my proposal was received favorably and the Commissioners approved me to negotiate a contract and lease terms. They also asked CEO John Walsh to reach out to the Cape Canaveral council members for their input. The Port (and I) want to be good neighbors and in that spirit I would like to update you and the city council with my latest proposed operations. Attached is my proposal to the Port. Because of its size, there are several potential sites at the Port that would work for a helipad, but I am proposing the use of the Southwest corner of the CT2 (Cruise Terminal 2 - Victory Casino Cruises lot) as the most appropriate and suitable. As you may recall, on May 14th of this year we performed test flights in the city for the purpose of letting the public and officials see and hear "first hand" what the helicopter operation looks and sounds like from various locations and distances. Todd Morley also conducted decibel recordings. Mr. Morley's report clearly shows that the noise from the helicopter is well within what is considered "acceptable" levels at relatively short distances away from the landing pad (67db @1,300 feet)_ Mr. Tom Hermansen, President of Ocean Partners Associates LLLP, was stationed in a guest room of the Marriott Residence inn nearest to the test flights. Mr. Hermansen publicly stated at the subsequent P&Z meeting that he found the noise to be acceptable and "not an issue". It is important to note that a portion of his hotel guests are government contractors working night shifts and sleeping during the day. In Tight of this, the owner of the business still found the noise levels from just 700 feet away to be acceptable. As you will see from the attached information, the proposed location is situated where noise levels will not be an issue with any citizens of Cape Canaveral. The location will not cause a distraction to vehicle traffic and is in a secure parking lot that affords quick access to the flight paths without overflying any residence or building. This means no overflights at any time of any homes or buildings (the landing spot is only 750 feet from the water with only parking Tots in between.) As I proposed to the city, the flight paths for tours will remain over the water at all times and we are still planning daily service from 9am to sunset. Most importantly, I am proposing to the Port that we start out with a trial/feedback period of 30 -days. I am so confident that the tour business will be a "non -issue" regarding environmental impact that I am proposing the inclusion of contract language that addresses any community concerns with remediation up to and including halting service. I can't think of any other business that is willing to stake it's entire existence on "community harmony". When i first proposed my helicopter tour in Cape Canaveral it was because I believed it could be accomplished safely and without negatively impacting the community. During the P&Z meetings I had both supporters and detractors say "your helicopter ride belongs at the Port". I withdrew my application because I decided they were right. The Port is the right place my business and it will be tremendousbertefit-to.the Port. For -the City of Cape Canaveral, having -a "next door neighbor" -that is committed to being a "destination" and looking for ways to attract tourists and visitors is a real benefit. A helicopter tour based at the Port will be a great addition and support that goal_ The current Port leadership agrees as they have given consent to proceed. Since input from Cape Canaveral council members is desired, I would like to request that a motion for a "conditional" letter of support be included as an agenda item for the October 15th council meeting. Mayor Randels was kind enough to send a letter of support already. I hope this is not too presumptuous, but I have written a sample letter that I will be petitioning the council to approve. Thank you and respectfully, Mark Mark Grainger President Florida Biplanes Inc. Merritt Island Airport, FL (0) 321-392-4125 (M) 321-392-4122 mark@FloridaBiolanes.com John Walsh CEO Port Canaveral Authority John, This letter is to offer our conditional support of Florida Biplanes & Helicopters operating a tour business at the Port. Mr. Grainger has expressed his willingness to operate his business with minimal impact to the businesses and residents of Cape Canaveral. Our support is based on the understanding that the following conditions will be included with any contract between the Port and Mr. Grainger: 1. That there be a trial/feedback period of at least 30 -days. 2. That there be language addressing how Mr. Grainger will respond to and remedy any legitimate noise concerns. This language will include penalties for failure to remedy these concerns up to the suspension of flight operations. We believe that if conducted responsibly and from the right location, a helicopter tour operation at the Port would be an asset to the Port and surrounding areas. The Cape Canaveral City Council Florida Biplanes & HeHcoDters 464 Port Canaveral Helipad Proposal September 2013 _I I Mark Grainger -President Florida Biplanes & Helicopters 475 Manor Drive, Hangar 5 Merritt Island, FL (321) 392-4122 Mark..@. Fl gridaB planes. cam OVERVIEW Florida Biplanes & Helicopters would like to establish a base for helicopter ride operations at Port Canaveral. This would be a great addition to the Port and bring another attraction offering a high-quality, high-value product to cruise passengers, area residents, and other tourists. BACKGROUND Florida Biplanes and Helicopters began operations at the Merritt Island Airport in October of 2010. We started with one WWII -era vintage Waco UP:F-'7 open -cockpit biplane. In 2011 we added a second biplane. In 2012 we began helicopter tours. This Spring we began operating our second biplane at a 2nd location in St. Petersburg, FL. We also added a Robinson R-44 Raven II to support our growing helicopter ride business. To date we have completed over 3,000 rides to almost 6,000 passengers and are the top rated outdoor activity on Trip Advisor.com, a major internet review and ranking website. The business has been profitable since it's 2nd month of operations. Our helicopter rides vary from 5 to 45 minutes in length and our R-44 can accommodate three passengers per flight. The Port is an excellent location for scenic flights not only because it is an exciting area to see -from above, -but also because of its very close proximity .to -.the rivers, beaches, and the Kennedy Space Center Complex (KSC). We have established a solid relationship with both NASA and Patrick AFB. Our rides often include "low passes" down both the former Space Shuttle landing runway as well as the runways at PAFB. We operate tours daily, year round and intend to continue growing our biplane and helicopter ride business at the Merritt Island Airport. However, a helicopter's ability to operate from virtually any open area provides a unique opportunity to "bring the product directly to the customer." RATIONALE Establishing the business in the Port means we can deliver a high-quality ride with unparalleled sightseeing in a flight lasting as short as 5 -minutes. Helicopters are relatively expensive to maintain and operate. A shorter flight means a lower cost per ride. This will allow us to offer a quality experience at a starting price point of around $40 per person. Port Canaveral's general layout, with industrial areas of Cape Canaveral to the South, is ideal inthat it allows a helicopter flight path that avoids all nearby residential areas. Having the ride offering conveniently located to cruise ship passengers and Port visitors is extremely advantageous. A helicopter ride is a very exciting and unique experience. While many customers respond to traditional marketing and advertising, a large portion of sales are from 1 "impulse purchases" (they see it and immediately want to experience it). Significantly, the purchase of a helicopter ride is not something that is typically on someone's mind until the moment they see the helicopter. PROPOSED OPERATIONS Florida Biplanes & Helicopters will create a neat, clean, and attractive business that meets the Canaveral Port Authority's current standards as well as it's vision for future improvements in appearance. We propose to operate daily, year-round from 9am to sunset. We will employ the highest safety standards and practices consistent with our excellent safety record at Merritt Island. We have explicit authorization .from The .FAA .,to _con .uct commercial air tours_and ,carry .full liability insurance. All operations will comply with all FAA & FDOT regulations and standards. We will also work closely with the Port police and fire departments to comply with their safety and security needs and requirements. All safety related personnel are subject to FAA & DOT initial background and drug tests, as well as an ongoing random drug test program. Overnight helicopter storage will either be at the Merritt Island Airport or a local secured area. Fueling of aircraft will be in accordance with FAA, DOT, and NFPA standards. There will be no fuel (or any other hazmat) stored in the Port at any time. FLIGHT TRACK / NOISE & SAFETY CONCERNS The Port is ideally suited for minimizing the noise footprint of a helicopter ride operation on nearby communities and residences. The proposed flight track keeps the tours over the main channel at all times. The following map shows the proposed flight track: The proposed location is situated where noise levels will not be an issue with any residents of Cape Canaveral. The location will not cause a distraction to vehicle traffic and is in a secure parking lot that affords quick access to the flight paths without overflying any residence or building. This means no overflights at any time of any homes or buildings (the landing spot is only 750 feet from the water with only parking lots in between.) A decibel sound test performed using the exact helicopter that will be used for rides was recently conducted within the city of Cape Canaveral. The city's test results showed sound levels to be within acceptable levels at distances of the nearest communities to the proposed helipad. The following map shows distances to nearest residences: BENEFITS . I 4041aitsrIILitt 'tI it, sa%l�► l _ ‘u "043'-,: film l,llntitIt3f,I1t4%f-• e! •✓•,ski, IleRt.ifar wire iltilha Currently there are no fewer than 6 helicopter ride businesses located in the Greater Orlando area. There are more than 28 helicopter tour businesses in the state of Florida alone. This is a testament to their popularity and public demand for this type of outdoor activity. As a Florida tourist destination, the Port actually stands out as an exception to the norm for not having a current helicopter tour offering. The business potential for this proposal is excellent. The economic impact to the Port, its business tenants, and the greater Space Coast will be positive. We forecast the immediate need for 3 full-time employees and believe this could grow to at least a half-dozen newly created jobs. Port Canaveral will gain the addition of a thriving, well-respected and energetic business. A helicopter ride offering will be positive draw for cruise ship customers (Port of Call and Pre/Post cruise) as well as other tourist in general. The business harmonizes with the Ports vision as a destination. Local residents make up almost 40% of our ride business at Merritt Island and we expect to satisfy a similar portion of the local population looking to see the beauty of their home area from above. It is our intention to enter into a "per -passenger" fee contract with the Port to guarantee revenue to the Port, consistent with other entertainment related businesses at the Port. Having a helipad in Port Canaveral is also a good resource. Florida Biplanes & Helicopters can make our helipad available to the Port for non -routine use of other helicopter services (Medevac, BCSO, VIP transport, etc.) OWNER QUALIFICATIONS 1 Florida Biplanes & Helicopters is founded and owned by Mark Grainger, an experienced pilot and businessman with a strong background in aviation, sales, and marketing. Mr. Grainger has over 33 years of flying experience in a wide range of aircraft from hang gliders to F-16 fighter jets and currently flies wide-body airliners internationally for Delta Air Lines (past 22 years). Mr. Grainger has successfully led and owned start-up companies in the amusement, vending, and Internet industries. He also has extensive corporate experience, serving as Vice President of Business Development for a security related software company headquarted in Washington DC. Mr. Grainger currently resides in Cocoa Beach with his wife and two children. SUMMARY Florida Biplanes & Helicopters is a proven, experienced and professional operation that is focused on maintaining maximum safety and exceptional customer services. Helicopter tours exist in almost every major city in America. They are successfully operating in virtually every significant tourist location in the world. Port Canaveral, with its access to the KSC and nearness to the incredible sights of the Space Coast is an ideal area to offer helicopter tours. A helicopter tour offers a unique and high-value experience for cruise passengers, local tourists, and residents alike. It will make a great addition to the Port and contribute to the goal of making the Port a destination. July 1, 2013 Mr. John Walsh Chief Executive Officer Canaveral Port Authority 445 Challenger Road Suite 301 Cape Canaveral, FL 32920 Dear Mr. Walsh: City of Cape Canaveral This letter is to provide you with some background on Mark Grainger's recent application to base his helicopter tour/ride business in Cape Canaveral. He approached the City last December on behalf of his company, Florida Biplanes & Helicopters. which currently operates sightseeing. flights out of the Merritt Island Airport. He is seeking a location closer to the Port from which to stage his helicopter tours. His business proposition offers value as a positive tourist attraction to the local area. Mark received pushback from some residents living closest to his proposed landing pad. The primary concern is not with the actual flights. which he already conducts from Merritt Island, but with having the helicopter come so close to residential areas for takeoffs and landings. He has proven to be professional and willing to work with the community to address its stated concerns. For example. he altered his proposed flight path(s) so as to avoid flying over any residences. However, it appears there is no suitable property within the City limits that is far enough away from nearby residences to alleviate their concerns. Thus, it seems unlikely that he will gain City approval. He appears to have solid support from the business community. Many of his supporters and opponents suggested the Port is the better location from which to operate his tour/ride business. You should know that I would be happy to see Mark locate at the Port. 1 am confident he will prove to be a good business partner and neighbor. Hopefully. you can find a spot for him as I 105 Polk Avenue • Post Office 13ox 326 • Cape Canaveral. FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1248 www.cityofcapccanaveral.org • email: info(cr:cityofcapecanaveral.org Mr. John Walsh Page Two July 1. 2013 believe it would be a great attraction/addition to the Port and the Space Coast in general. Thank you. Sincerely, QoctiC,4\ a,..12494. Rocky Randels Mayor cc: Mark Grainger, Florida Biplanes & Helicopters City Councilmembers Anthony Garganese, City Attorney David L. Greene, City Manager Todd Morley, Community & Economic Development Director Bary Brown, Planning & Zoning Director BREVA BOARD OF COUNTY COMISSIONERS Chuck Nelson, Commissioner, District 2 2575 N. Courtenay Parkway, Suite 200 Merritt Island, FL 32953 August 12, 2013 Mr. John Walsh Chief Executive Officer Canaveral Port Authority 445 Challenger Road Suite 301 Cape Canaveral, FL 32920 Dear John, FLORIDA'S SPACE COAST Telephone: (321) 454-6601 Fax: (321) 454-6602 www.brevardcounty.us/D2 chuck.nelson@brevardcounty.us This letter is to request your consideration to add Florida Biplanes & Helicopters as a new attraction at Port Canaveral. I believe as the Port continues to grow the Cruise Ship Industry they will certainly be a good Port partner. It appears that Mark Grainger's has the support of the business and tourism community and I am confident he will be a good addition to the Port operations and a positive draw for cruise ship customers and other tourists. I realize the details of location, land use and public comment must be taken into consideration before any decision is made. I wanted to add my support for future consideration. Sincerly, Chuck Nelson, Commissioner District 2 cc: Mark Grainger -President Florida Biplane & Helicopters District 2 Includes: Cocoa o Kennedy Space Center o Merritt Island o Port Canaveral o Cape Canaveral c Avon by the Sea o Cocoa Beach ° Snug harbor c Patrick AFi PRINTED ON RECYCLED PAPER COCOA BEACH REGIONAL Chamber of Commerce August 1, 2013 John Walsh, CEO Canaveral Port Authority 445 Challenger Road Cape Canaveral, FL 32920 Dear John, The Cocoa Beach Regional Chamber of Commerce fully supports the establishment of a helicopter tour business at the Port. Florida Biplanes & Helicopters offers a high-quality experience and their customer service is highly regarded. A helicopter aerial tour to port visitors and local residents will be a welcome addition to the other attractions we need to bring to the Space Coast. With its unparalleled location, Port Canaveral allows exciting aerial tours of not only the beaches and Port sights, but also the nearby Kennedy Space Center. Mark Grainger has proven himself to be a good corporate citizen with excellent character and integrity. His business has donated generously to many local charities, community and chamber events. I believe you will find that his helicopter business will showcase the Port from a unique viewpoint and add to the vibrancy and excitement that the new Welcome Center is centered on. We encourage you to work with Florida Biplanes and Helicopters to find a location to base their business at the Port and look forward to working with you and your staff to help promote travel and tourism that businesses like this will bring in. Sincerely, \r Ott Cindy Dropeski Interim CEO 4(10 Fagcnherr, Melutt ktand 1.1 12952 Phone (12114{W2200 FAX I 321) 49-2212 y1>} }�.4.}xug12.1,731,1uharnhet cnnn Sct. mg t cnlral tire) and Connt> Mixt tont( Est. 1925 August 2, 2013 John Walsh, CEO Canaveral Port Authority 445 Challenger Road Cape Canaveral, FI 32920 Dear John, city 01 Cocoa �eac4 Excellent Recreation and Quality Living 2 South Orlando Avenue /P.O. Box 322430 - Cocoa Beach, FL 32932-2430 www.cltyofcocoabeach.com - www.golfcocoabeach.com I've been following along with Mark Grainger's request to offer helicopter tours from the Port/Cape Canaveral/Cocoa Beach area. Like Cape Canaveral, Cocoa Beach does not really have a suitable location for the tours to take off. We have a beautiful area for residents and visitors to enjoy, but its beauty from the air is truly spectacular. This attraction would complement the brand and image our area is trying to promote and I would encourage you to see if a location could work at the Port. I'm very excited about the Ports' future and a great team is in place to help the Port reach it's unique potential. Regards, Cal Dave Netterstr Mayor, Cocoa Beach COCOA BEACH THE GREAT AMERICAN BEACH July 29, 2013 John Walsh, CEO Canaveral Port Authority 445 Challenger Road Cape Canaveral, FL 32920 Dear John, At our recent July meeting, the Cocoa Beach Area Hotel and Lodging Association voted unanimously to endorse the addition of Florida Biplanes and Helicopters as an attraction at the Port. Since 2010 Mark Grainger has proven to offer a high quality, high value product to tourists and residents alike. We feel that adding this attraction would enhance our visitor's experience and raise the bar as to what our area has to offer. It will also help showcase the spectacular views we can offer of the Port, Kennedy Space Center, and our rich and varied mix of waterways, islands, and of course, the coastline. With the opening of your new Welcome Center and unique things to do such as helicopter rides showcasing our area, the Port will truly be a focal point for cruising and tourism in the Space Coast. We urge you to partner with Florida Biplanes and Helicopters by allowing them to operate their business at the Port. We also look forward to working with both of you to promote and grow tourism on the Space Coast. Sincerely, Tom Williamson President, Cocoa Beach Hotel and Lodging Association John Walsh, CEO Canaveral Port Authority 445 Challenger Road Cape Canaveral, FI 32920 Dear John, The Space Coast Office of Tourism has been adding the attraction of Florida Biplanes & Helicopters to our list of "must things to do" while on the Space Coast since they started operations in 2010. They offer a high-quality, high-value product and are a great addition to our area contributing to the goal of Florida's Space Coast- Cocoa Beach Area as a vacation destination. Port Canaveral has been at the epicenter of our cruise and tourist industry. Adding this high-quality ride with unparalleled sightseeing tours over our beautiful area will be an added attraction to your Port. This very exciting and unique experience with its bucket -list nature will appeal to our cruise passengers, visitors from around the world and our residents. It will be a story they will want to share. Packages with local hotels and partnerships with port tenants offer an opportunity for value added to the vacation experience. We must be consistent and add new attractions to our tourism product. The more to see and do, the more room nights we can generate for our area. I have taken the ride myself and was pleasantly educated by the informative commentary given while I took this thrilling flight over the incredible sights of the Space Coast With spectacular views of the Kennedy Space Center, eco systems along the St. John's River and our expansive beaches, a helicopter ride from Port Canaveral offers us a highly marketable new twist to the term "lift off!". Our partnership with Florida Biplanes & Helicopters strengthens our ability to draw those all-important tourist dollars to the Space Coast area benefitting the residents and business owners of Brevard County. Their organization has a clear focus on providing an entertaining guest experience They will add to your mission of seeking ways to increase the growth of the Port and be a partner in our economic growth. We value their partnership and share in their commitment to grow their business in your Port. Sincerely, Rob Varley, Director SPACE COAST OFFICE OF TOURISM CQty of Cape Canavera Cott' CtuncE Agenda Farm City Councni IfieetlingDate: 10/15/2013 Item No. ,tc% Subject: Consider Application for Satisfaction or Release of $98,250.00 Code Enforcement Lien, Case No. 2008-00127, 8740 Croton Court. Department: Code Enforcement Summary: On January 22, 2009 the initial Board Order was created, giving the violator until the date of the February Code Enforcement meeting to come into compliance. However, a February meeting was not held in 2009, causing the item to be postponed until the March 19, 2009 Code Enforcement Board meeting. On March 19, 2009 the Code Enforcement Board entered the original executed Board Order Imposing Penalty of one hundred dollars ($100.00) for the first day, and seventy- five dollars ($75.00) per day thereafter retroactively beginning on January 22, 2009 until the violation is corrected and full compliance is confirmed (Attachment #1). The Board Order was issued to then property owner, Robert B. Muckenfuss. On October 6, 2009 Chase Home Finance, LLC took possession of the property through a foreclosure. Because a new owner had assumed the property, a new Notice of Violation was issued on October 20, 2009. On December 17, 2009 the Code Enforcement Board entered an Order Imposing Penalty of two hundred fifty dollars ($250.00) per day retroactively beginning on November 19, 2009 until the violation was corrected and full compliance is confirmed (Attachment #2). Chase Home Finance LLC brought the property into compliance on December 15, 2010. (Attachment #3) Over the 393 days, the fine reached $98,250.00 (Attachment #4). On February 23, 2012 Chase Home Finance applied for a reduction of the Code Enforcement Lien in the amount of nine thousand eight hundred and twenty-five dollars ($9,825.00), 10% of the value of the lien. (Attachment #5) On March 22, 2012 the Code Enforcement Board considered the request and recommended the City Council reduce the outstanding lien to seventy-five thousand dollars ($75,000.00). (Attachment #6) On April 17, 2012 City Council denied the application and the lien remains at ninety - eighty thousand two hundred fifty dollars ($98,250.00). (Attachment #7) On August 14, 2013, after waiting at least twelve months as required per City Code, Chase Home Finance, LLC applied for a reduction of the Code Enforcement Lien to thirty-five thousand dollars ($35,000.00). (Attachment #8) City Council Meeting Date: 10/15/2013 Item No. /6 Page2of2 On September 19, 2013 the Code Enforcement Board considered this second request and recommended the City Council reduce the outstanding lien to thirty-five thousand dollars ($35,000.00). (Attachment #9). Accordingly a Code Enforcement Board recommendation memo is forwarded herewith (attachment #10). Current market value according to Brevard County Property Appraiser is $97,820. Abutting property owners, Mr and Mrs. Harrell, (8734 Croton Ct.) were impacted by water intrusion as a result of the state of disrepair. They have executed a settlement agreement with the applicant. Submitting Department Director: Todd Morley Date: 10/01/2013 Attachments: #1 - Original Executed Board Order (Robert B. Muckenfuss) #2 - December 17, 2009 Board Order (Chase Home Finance, LLC) #3 - Notice of Compliance #4 -Current lien amount calculation #5 - Initial Application for Satisfaction or Release of Code Enforcement Lien #6 - Code Enforcement Board Minutes from the March 22, 2012 meeting #7 - City Council Minutes from April 17, 2012 meeting #8 - Second Application for Satisfaction or Release of Code Enforcement Lien #9 - Code Enforcement Board Draft Minutes #10 - Code Enforcement Board Memo Financial impact: Up to $63,250.00 in forgone lien collections; Staff time for preparation of Agenda Item. Reviewed by Financial Services Director: John DeLeo Date: /L R\ T le City Manager recommends that City Council take th ollowing action: Approve the request in the amount of $35,000.00. Approved by City Manager David L. Greene 0 z Date: ,'c iSin City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain r D City of Cape caaverai 4\ CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Robert B. Muckenfuss Owner of the Property located at: 8740 Croton Ct. Cape Canaveral, FL 32920 LEGAL OCEAN WOODS STAGE 2 LOT 57 PLAT BOOK 0025 PG 0032 Respondent, Case #08-00127 CFN 2009052167, OR BK 5920 PAGE 354, Recorded 03/2312009 at 06 46 AM. Scott Ellis, Clerk of Courts, Brevard County # Pgs:3 ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on January 22, 2009 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. 1 Findinas of Fact and Conclusions of Law Based upon the evidence and testimony_ presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 34-96(b)(d), Standards Established; Section 34- 97(a)(1), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 304.11 Interior Structure; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 1 • • 751014. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www myflorida.comlcape • email: ccapccanavcral@cflxr.com Case #08-00127 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; .4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34--96(b)(d), Standards Established; Section 34-97(a)(1), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 304.1, Interior Structure; Section 304.3, Interior Structure, of the international Property Maintenance Code, as adopted by Section 82-221, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, iT IS HEREBY ORDERED: 1. Respondent be given until February 19, 2009 to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code . Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed Pursuant to this oaraoraoh shall be retroactively imposed beginning on January 22, 2009. 1 3. if Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist, 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article Vl. Case #08-00127 DONE AND ORDERED at Cape Canaveral, Florida, this 22nd clay of January, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ II C airperson Copies furnished to: Robert B. Muckenfuss, Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been fumished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this -27 day of Tan Larne , 2009. D ree Alexander, Code En orcement Officer Joy L6rfibardi, Board Secretary City of Cape Canaveral 4=p 2 Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Case #08-00127 Chase Home Finance, LLC, c/o David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems Owner of the Property located at: • 8740 Croton Ct. Cape Canaveral, FL 32920 CFN 2010017722, OR BK 6105 PAGE 793, Recorded 02/01/2010 at 11 02 AM, Scott Ellis, Clerk of LEGAL: OCEAN WOODS STAGE 2 LOT 57 PLAT BOOK 0025 PG 0032 Courts, Brevard County # Pgs:3 Respondent, 1 AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 19, 2009 and December 17, 2009 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. • Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at the hearings, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.1 2, Florida Statutes; 2. That a violation of Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304.1, Interior Structure; Section 304.2, Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaverak?cfl.rtcom Case #08-00127 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing held on November 19, 2009; 4. That based on the testimony and evidence presented at the November 19, 2009 hearing, Respondent was found to have violated the City Code, to wit: Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304.1, Interior Structure; Section 3042, Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code; 5. That at the conclusion of the November 19, 2009 hearing, the Code Enforcement Board entered an Order Imposing Penalty on First Violation ("Board Order"), giving Respondent until December 17, 2009 to correct the violations on the Property and providing that if Respondent failed to correct the violations within said time period, that a fine of $250.00 per day would be immediately entered and would be retroactively imposed starting on November 19, 2009. 6. That the Code Enforcement Board held a duly noticed Compliance Hearing on December 17, 2009 and that Respondent was not present at the hearing. 7. That Respondent has failed to correct the violations existing on the Property within the time period set forth in the Board Order. 8. That immediate repair of the roof is required in order to prevent further damage to the Property and to adjacent properties and such repair should take precedence over all other repairs necessary to correct the violations. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT 1S HEREBY ORDERED: 1. That because Respondent did not correct the violations of the City Code found by the Code Enforcement Board to exist on the Property by December 17, 2009, as required by the Board Order, a fine of $250.00 per day will be immediately entered, which fine shall be retroactively imposed beginning on November 19, 2009, and which shall accrue each day until the violations are corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; and 2. That the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violations) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. Case #08-00127 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of December, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Rusj I, Chairperson Copies furnished to: Chase Home Finance, LLC, c/o David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems. City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Amended Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this t 2 day of Oe.e , 2009. Joy idmbardi, Board Secretary Duree Alexander, Code Enforcement Officer December 16, 2010 City of Cape Canaveral Community Development Department CITY OF CAPE CANAVERAL NOTICE OF COMPLIANCE Chase Home Finance, LLC CIO David B. Lowman, Manager Chase Home Finance, LLC C/O Kim D. Greaves, Manager Chase Home Finance, LLC C/O CT Corporation System CASE #: 2008-00127 LOCATION OF VIOLATION: 8740 Croton Court, Cape Canaveral, Florida PROPERTY PARCEL #: 24.37-14-53-00000.0-0057.00 The above property was found in compliance on December 15, 2010, by meeting the requirements of the Notice of Violation and the Amended Order Imposing Penalty on First Violation, by repairing/replacing the damaged portions of the structure and making the structure habitable. Description of Violation(s) at property: Sec. 82-221, International Property Maintenance Code. IPMC Sec. 302.1 Vacant Structures and Land IPMC Sec. 304.1 Interior Structure General IPMC Sec. 304.2 Structural Members IPMC Sec. 304.3 Interior Surfaces City of Cape Canaveral Code of Ordinances Sec. 34-96 Standards Established Sec. 34-97 Duties and Responsibilities for Maintenance Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact our office at (321) 868-1222. Sincerely, uree Alexander Code Enforcement Officer 7510 N Atlantic Avenue — P O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.mvflorida.comlcane e-mail: cityofcapecanaveral.org 8740 CROTON COURT, CAPE CANAVERAL FLORIDA CHASE HOME FINANCE - UEN-CASE NO. 2008-00127 MONTH NUMBER OF DAYS FINE AMT Nov -09 11/19/09 @ 12 250 Dec -09 31 250 Jan -10 31 250 Feb -10 28 250 Mar -10 31 250 Apr -10 30 250 May -10 31 250 Jun -10 30 250 Jul -10 31 250 Aug -10 31 250 Sep -10 30 250 Oct -10 31 250 Nov -10 30 250 Dec -10 16 250 TOTAL DUE i TOTAL $31000.00 CFN2010017722 $77750.00 OR BK 6105 PG 793 $7,750.00 CHASE HOME FIN. $7,000.00 $7,750.00 $7,500.00 $7,750.00 $7,500.00 $7,750.00 $7,750.00 $7,500.00 $7,750.00 $7,500.00 $4,000.00 $98,250 00 i 7510 N Atlantic Avenue P.O. Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 - Fax (321) 868-1247 www.myflorida.com/cape e-mail: cityofcapecanaveral.org :4 €: Y I' From:Cape Canaveral Com Del/ 321 868 1247 01/25/2012 09:45 #091 P.002/003 CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE #: Q3' f lTF APPLICATION FEE: $ 00 APPLICANT; (,h fit' c C Itn'rw' 4 Atli% ( wCC�' . DATE: ca --- { -- . ADDRESS. CA) Lai ofl C _elf Ma r5l .. // C, {ulS;p0 P4 Igo/ �v. cypr$S Creek F4 CITY: - L Ct (Lotto r t STATE: • D� NATURE OF VIOLATION(S): Rodd ttW S $c- S - _ r» , W ( we, 04,bevs vi\ -iict31 Qv/ ()Kis Go -7a? pAy 077 ADDRESS OF SUBJECT PROPERTY: Zel iiD C kr (ori err C C c va vc rcf irn DATE FINE/LIEN IMPOSED: 1 l " 1 ��9 AMOUNT: 1 �� ( ` /DAY OR TOTAL r COMPLIANCE DATE: Dere/Ape 16 - tpJa/o RELIEF REQUESTED: SATISFACTION/ )0a AS THE AMOUNT OF THE REDUCED FINE. PROPOSES $ 92 Circle one) IF REDUCTION, TETE APPLICANT THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) See, aerarAtcil TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) #0 day1041 o ron1/45;A% v e_ lecci_mA.sed s l THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) a*trade/ ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LEMiiTED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT TI -IE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) Date: argo , Applicant's Signatuk I° rrn1 f fP f lags fls (Me 6A/vvie &L JOUJ f -1`(if nelQ UGH C (QP') 1311 m#k€'( /Ma X...�& . • From:Cape Canaveral Corn Dev 321 868 1247 STATE OF fA A- /MA. COUNTY OF /3Ao &1a3 01/25/2012 09:46 #091 P.003/003 EFORE ME the undersigned authority did per onalIy appear /r% rem ex 1'm licit feA 5m '• 4NjtortiImo- 441 e. as identification, and who after being place under oath, swore or affirmed the , who provided informatib'n contain, l.F ►in this application is true and correct, 41:' ,MSC' : -•0-` S+ .Aip + i ago ti • •_. ;18,m ZOO ; '+ � 111 N 1110���`' APPLICATION FEE: $ IOc'• 0° Notary lie ii496414 Jean Cammeneri FOR STAFF USE ONLY RECEIVED BY CITY ON 2 /I.3 /t2 COMPLIANCE CONFIRMED BY BUILDING OFFICIAL 014 12 f ie° (to CODE ENFORCEMENT REVIEW ON 3 / V211 2. - CODE 2112. - CODE ENFORCEMENT RECOMMENDATION ATTACHED: ✓ YES ACTION OF CITY COUNCIL: APPROVE; V DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: A Pr -Z-1 11, 2 CP IR CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE LAW OFFICES or MARSHALL C. WATSON 1901 W. Cypress Creek Road, 3rd Floor Fort Lauderdale, FL 33309 Tel: (954) 771-5522 ext. 1381 Mitchell.Monroe(marshallwatson.com Web: www.marshallwatson.com February 20, 2012 VIA OVERNIGHT DELIVERY CITY OF CAPE CANAVERAL Cape Canaveral Community Development Dept. Duree Alexander 7510 North Atlantic Ave. Cape Canaveral, FL 32920 321-868-1222 RE. Code Case: Re: Our client: Address: Legal Description: Our File #: Dear Ms. Alexander: 08-00127 Application to Mitigate and Release Code Lien Chase Home Finance, LLC 8740 Croton Court, Cape Canaveral, FL Lot 57, Ocean Woods, Stage Two, Plat Book 25, Page 32, Brevard County, Florida. 12-02771 In connection with the above referenced code case, please note that our office represents Chase Home Finance, LLC ("Chase"). We did not represent Chase for the foreclosure of the first mortgage against Robert Muckenfuss on this property. Our client has authorized me to fill out the attached Application for Satisfaction or Release of Code Enforcement Lien and offer $9,825.00 which is 10% of the face value of the lien, to settle the matter and cause the 2 code liens to be satisfied (ORB 6077 page 1277 and ORB 6105 Page 793). The City of Cape Canaveral ("City") had filed a similar code lien (same case # during bank foreclosure) on this property against Robert Muckenfuss (ORB 5920 page 354) which we would request a partial release only as to the real property which would still leave the City the right to enforce that lien personally against Robert Muckenfuss and any real property he owns. Our client has informed us that they had originally inspected the property in September 2009 and had sent bids to the investor for the repairs, but those may have unfortunately slipped through the cracks and did not result in an approval to make the repairs until late in 2010. They know this is not a great reason or excuse, but it is the truth and seems to happen here and there due to the overwhelming volume of foreclosed properties going back to banks and servicers who normally are not in the business of property management and maintenance. Our client also respectfully request that this offer be accepted due to the financial loss it has already taken on this property. It appears that as of 2011 and the Brevard Property Appraiser, this property was valued at $91,260 (which is most likely lower now in 2012). Chase has no REO Contract to sell the property yet, but has lost money on the initial loan even before a code lien settlement or REO sale costs are taken into account as the Final Judgment against Mr. Muckenfuss was for $86,413.91 on October 13, 2008, and Chase has spent approximately $28,873 to fix/improve the property. 1 have enclosed copies of the mortgage, code liens, lis pendens, final judgment, certificate of title, and the property appriaser's printout of the property for your convenience. Please contact me for anything regarding the code liens for case #08-00127. Sincerely, Mitchell E. Monroe, Esq. Staff Attorney 1' Code Enforcement Board Meeting Minutes March 22, 2012 Page 3 Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 34-96(bxd), Standards Established; and Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances to establish the violation. Motion by Mr. Viens, seconded by Mr. Hale, to accept staffs recommendation and find the Respondent in violation. Vote on the motion carried unanimously. OLD BUSINESS; 1. Case No. 0A-00127 — Violation of Section 34-96 q tare ds tttablished: Sectip 34-97., Duties anes 4 sib)i ities f9r Maintenance, of the Ci CappC n a ral Code of Ordlnence�• and Section 3 2.1. \�((a nt Struct res an �'La nd• Sep/ �n 64.1, Interior Structur .: Section 304.2. Structural embers: Se ;cin ell �Inte urf ;aes. the ntemational Prep Maintenance Code s ada�Fied byek !on 82-22 of the of Cap Can. vgral Code of Ordinap s, (8740 Crote' Cte;l - ase.'Ho . Finance. LLC_, C10 avid B. Lowman, Manager• rm D. Greaye,�. arja�er. & CY,Coro'oPration Systems. (Apo cation for Satisfaction or Release of Code En orcerhent Lien.) Code Enforcement Officer, Duree Alexander, provided_ an overvieww of the Case history and presented exhibits for the Board's review. Officer Alexander testified that all the violations on the property had been resolved and the property isih 'compliance. She stated that the Respondent has requested a reduction of the lien. Officer Alexander explained that the fines had been running for over a year and the total amodnt of the lien is ninety-eight thousand two hundred and fifty dollars ($98,250.00). • Officer Alexander explained that Staffs consideration for the reduction of the lien included attorney fees, the length. of time the ,property 'was in violation (14 months), the number of hearings associated with the violation, the fact that it adversely affected the adjoining property owners, and the amount of Staff time involved in the enforcement of the violations. Officer Alexander respectfully requested that the. Board recommend to the City Council the reduction of the lien to seventy-five thousand dollars :($75,000.00). Tyler Mesmer, of Marshall Wateon Law Office (representative for Chase Horne Finance), testified that it took two years to address the situation due to the overwhelming number of foreclosure cases and the backlog that it has created. Mr. Mesmer stated that Chase had taken steps to rectify the problems with this property and the adjoining properties and had brought the property into compliance. He further stated that his client. (Chase) had authorized him to counter-offer the City recommendation and offer a payment in the amount of fourteen thousand seven hundred thirty-seven dollars and fifty cents ($14,737.50) which is 15% of the original amount of the lien. Mr. Mesmer explained that his client expressed the fact that they are willing to pay this amount today and put this matter behind them so they can sell the property. Mr. Mesmer further explained that his client is willing to take this matter to the Circuit Court of Appeal due to the fact that the Lien is not certified. Mr. Mesmer explained that his client continues to lose money an this property and cannot afford the City's recommended reduction amount. Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and recommend that Council reduce the lien to the amount of seventy-five thousand dollars ($75,000.00). Vote on the motion carried unanimously. City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2012 Page 5 of 6 follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, Against; Mayor Ronde's, For; and Mayor Pro Tem Walsh, For. ITEMS FOR ACTT ray 7. Adopt Ordinance No. 07-2012; relating to the registration of properties in foreclosure; amending Chapter 82, Buildings and Building' Regulations. of the Cape Canaveral Code of Ordinances by creating a new Article V. Recistration and Maintenance of Properties in Foreclosure; providing for purpose and intent. definitions. reaistration requirements, maintenance requirements, security requirements. penalties. supplemental authority. and other related provisions; providing for the repeal of prior incort jstent Ordinances and Resolutions, ipcorporation into the Code, severability. and an effective date, first reading: Attorney Garganese read the Ordinance title into the record and provided explanation of same. Discussion ensued and included. that 61% of Code Enforcement cases involve properties under foreclosure; the benefits of partnering with Federal Property Registration Corporation (FPRC); during the time the property is going through the foreclosure action, there are typically voids between the time the owner moves out and the foreclosure is completed; what happens if the company fails to register the property; whether a lien is filed if the property is not registered; that having a property registration program has made it easier for many cities to achieve compliance; that FPRC is the only company nation-wide performing this service. A motion was made by Council Member Petsos, seconded by Mayor Pro -Tem Walsh, for Epproval of Ordinance Ho. C7-2012. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoch, For; Council Member Petsos, {dor; Mayor Randels, For; and Mayor Pro nem Walsh, F*r 8. Discuss reauest to make a financial contribution towards a research trip for University of North Florida student Arthur Tarratus, under the supervision of Department of History Professor Dr. J. Michael Francis to the General Archives of the Indies in, Seville. Suain — City Historian,: Mr. Ray Osborne explained his request to learn more about the history of the area. Discussion ensued and included: Brevard County has referred Mr. Osborne to the Tourist Development Council; that this is not an appropriate use of tax dollars; whether the City could sponsor some type of fund raising event; whether facility use fees could be waived for functions planned by Mr. Osborne or City equipment could be used at such events; and any donations would be sent directly to the not-for-profit fund under the control of Dr. Francis. No action was taken. 9. Consider Chase Home Finance, LLC's Application for Satisfaction or Release of $98.250.00 Code Enforcement Lien, Case No. 2008-00127, 8740 Croton Court: Mayor Randels noted the request is to reduce the lien from $98,250.00 to $9,825.00. Attorney Tyler Mesmer, representing Chase Home Finance LLC, explained the bank's position and requested a lien reduction. He reviewed events leading to the lien which included the prior owner abandoning the property with the roof problems, the undisclosed compensation to the adjoining property owners for the damage to their property; and the $28,000.00 in repair work done to bring the property into compliance. Mr. Mesmer City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2012 Page 6ofo indicated the property is only appraised at $74,000. He responded to questions/statements made by the Council Members. A motion was made by Mayor Rn©& seconded (by Council 11u m bt r lion, to derny the application. The m tion carried 54 with v tiny;; as follows: Council Member =once, s r; Council lifdernber Kong, :or; CounciE Member P+ 'los, For; 1NN ayow landels, For; and' Mayor Pro Tem Walsh, For. 10. Proposed Settlement Agreement in the Case of Cade Winds vs. City of Cape Canaveral: Attorney Garganese requested the Council approve the Settlement Agreement as presented and provided an overview of same. A motion was male by Mayor RaSSe&s9 seconded by Council Wilember Bond, to i ppr ve the Settlement Agreement with Cape Winds. The motion carried 5-0 with voting as follows: Council Fember Bond, For; Council hilember Hoog9 For; Council Member mer LMsos, For; Mayor Rande&s, F r; and Mani- [fro Fern VEDs,}I, Ford REPORTS: OY U Y S: 11. Council. 4, Council Member Hoon. commended the Public Works Staff for their excellent work on the Jefferson Avenue Dune Cross -Over. ADJOWN ktliVEL:L• +.'; Therebreingno further-.1?bsfivss, the Meeting adjourned at 8:32 P.M. • emir F• Angela M. Apperson, MMC, City Clerk Rocky Ra ndels; MAYOR CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE # ?b. -nee — O 1.> ?" APPLICATION FEE $ APPLICANT: CIMa5L Jlwvt&p. '9f n vitt DATE: 1114 2r0 i ADDRESS: 3q/ • CITY: Cduw'✓ b STATE: 0/4 ZIP: W 3 ai 9 NATURE OF VIOLATION(S): V ai&11f L'5 (loL3 017)1(14-i�;�_�1 ADDRESS OF SUBJECT PROPERTY: nor DATEFINE/LIENIMPOSED: '=_'•= - ,�= �r AMOUNT: qcc COMPLIANCE DATE: RELIEF REQUESTED: SATISFACTION / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES $ 3 S cDo /DAY OR TOTAL AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: )etkekt -&.er-a- c ►^,ratr e.d / ,ul d (If more space is needed add additional pages) r Y n i fropc,4-51 4-unte &*� j� ..t( .1141 a,#ion TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) Min le I .`1 CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CON'T I CERTIFY THAT THE INFORMATION CONTAINED WITHIN THIS APPLICATION IS TRUE AND CORRECT. Applicant's ignature e�, �2oi6_ / / Date FOR NOTARY USE ONLY: STATE OF 4 or :d0.. COUNTY OF f) ca n 4� •J , SWORN and subscribed before me this 13 day of Avrtosk , 201.3 , by 11 C tt a c cn J Printed Name of Applicant &who provided identification: 0 is personally known to me. Seal: ��-• OL. APPLICATION FEE: $ P 00 .00D MATTHEW M. WILLIAMS t_ Notary Public • Stat. of fond: r My Comm. Expires Apr 25, 2018 Commission i FE 192784 or FOR STAFF USE ONLY 403,L) (1)4Lue, Signature - Notary Public At Large RECEIVED BY CITY ON A cps: t t{ , 20/5 COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON /21/ 4 f t D CODE ENFORCEMENT REVIEW ON q. fig f ` 3 CODE ENFORCEMENT RECOMMENDATION ATTACHED. V YES ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH THE FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE Code Enforcement Board Meeting Minutes September 19, 2013 Page 4 9. Case No. 13-00069 - Violation of Section 105.1, Permit Required: Section 110.1. Inspections General. of the Florida Building Code. as adopted by Section 82-31. of the Citv of Cape Canaveral Code of Ordinances. (201 Richie Ave.) — Merritt Development Inc.. c/o Richard R. Thurm. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for work without a permit. Officer Alexander stated that, following the Notice of Violation, the Respondent submitted an application for a fence as an owner/builder; however, because the property is for rent, he will need a contractor to apply for the permit. Officer Alexander further stated that a fence contractor applied for the permit today. Richard Thurm, property owner, testified that he made an attem t to work with Viking Fence to obtain the permit; however, they failed to do so. Mr. Thurm s d that he contacted East Coast Fence and they submitted an application for the permit. M : rm stated that this issue should be resolved in a week or two and requested additional ti to into compliance. Officer Alexander respectfully requested that the B• J fin•the Res given until October 17, 2013 to come into complia Motion by Mr. Viens, seconded by Mr. Godf respondent in violation and be given until Oc the motion carried unanimously. OLD BUSINESS: dent in violation, and be taff's recommendation and find the o come into compliance. Vote on 10. Case No. 08-00127 — • • F-' for Sa isfaction or Release of Code Enforcement Lien. (8740 Croton Ct.�`::: o i Finance LLC. Property Owner. Code Enforcement O i xander, provided a brief overview of the Case history and presented exhibits for the `' t°,$ -rd's ' Aview. Officer Alexander testified that the violation was for the maintenance of the pr The The original violator was Robert Muckenfuss. Officer Alexander stated that on Octo•'-r 6, 2009, Chase Home Finance LLC took possession of the property through foreclosure and brought the property into compliance on December 16, 2010. Officer Alexander explained that on March 22, 2012 the Code Enforcement Board considered an application for the reduction of the Code Enforcement Lien in the amount of ninety -eighty thousand two hundred fifty dollars ($98,250.00) to nine thousand eight hundred and twenty-five dollars ($9,825.00), 10% of the value of the lien. Staff requested that the Code Enforcement Board recommend to the City Council a reduction of the lien to seventy-five thousand dollars ($75,000.00). The Code Enforcement Board accepted Staff's recommendation and unanimously recommended the City Council reduce the outstanding lien to seventy-five thousand dollars ($75,000.00). On April 17, 2012 City Council considered the application for the Satisfaction or Release of the Code Enforcement Board Lien in the amount of ninety -eighty thousand two hundred fifty dollars ($98,250.00). The application was denied. t Code Enforcement Board Meeting Minutes September 19, 2013 Page 5 Pursuant to Section 2-260(g), of the City Code, if the application is denied, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for a period of one year from the date of denial. On August 14, 2013 Chase Home Finance, LLC applied for a reduction of the Code Enforcement Lien in the amount of ninety -eighty thousand two hundred fifty dollars ($98,250.00) to thirty-five thousand dollars ($35,000.00). Rick Mahler, representative of Chase Home Finance, LLC, requested that the lien be reduced to thirty-five thousand dollars ($35,000.00) due to the fact that the property has been brought into compliance and the neighbor that was adversely affected has been compensated. Officer Alexander respectfully requested that the Board reg mend to the City Council the reduction of the lien to thirty-five thousand dollars ($35,00 Motion by Mr. Viens, seconded by Mr. Godfrey recommend that Council reduce the lien in the a fifty dollars ($98,250.00) to thirty-five thousand do unanimously. accept ;ff's recommendation and of ,, inety-ei ty thousand two hundred 000.00). Vote on the motion carried 11. Case No. 10-00126 — Application for " y A`' j elease of Code Enforcement Lien. (215 Pierce Ave. Unit C) — Ana M. EsL6 =nte, Property Owner. Code Enforcement Officer, Dure presented exhibits for the Boar exterior maintenance and no wat since the end of 2010 Escalona-Clemente, Cl took necessary steps t on August 05, 2013 a p received an approved final in ided a brief overview of the Case history and Alexander testified that the violation was for fficer . exander stated that the unit had not had water acant. Officer Alexander further stated that Ana M urchased Unit C on July 19, 2013 and immediately nnect an individual water meter for the unit. Accordingly, mit was applied for and on August 14, 2013 the permit n bringing the property into compliance. Mr. Clemente testified that they purchased the property in August and immediately obtained a permit and brought the property into compliance Mr. Clemente stated that the lien amount well exceeds the value of the property and is requesting a satisfaction of the lien; however, he stated that he understands there are staff's cost to consider. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of eighty-one thousand nine hundred fifty dollars ($81,950.00) to thirty-six thousand eight hundred seventy-seven dollars and fifty cents ($36,877.50). Discussion followed regarding the value of the property and the quick response for compliance. Motion by Mr. Viens, seconded by Mr. Lotspeich, to recommend that Council reduce the lien in the amount of eighty-one thousand nine hundred fifty dollars ($81,950.00) to five thousand dollars ($5,000.00). Vote on the motion carried unanimously. .. lb Community and Economic Development Memo TO: David Greene, City Manager VIA: Todd Morley, Community and Economic Development Director FROM: Joy Lombardi, Code Enforcement Board Secretary DATE: September 25, 2013 RE: Code Enforcement Board Recommendation to the City Council for the Satisfaction or Reduction of Lien (8740 Croton Court, Case #08-00127) At the September 19, 2013 Code Enforcement Board Meeting, the Board considered a request for satisfaction or reduction of a Code Enforcement Board Lien in the amount of ninety-eight thousand two hundred fifty dollars ($98,250.00). Chase Home Finance, LLC, property owner, requested the reduction of the Code Enforcement Board Lien to thirty-five thousand dollars ($35,000.00) due to the fact that the property has been brought into compliance and the neighbor that was adversely affected has been compensated. Staff requested the Code Enforcement Board accept the request and recommend to City Council to reduce the outstanding lien to thirty-five thousand dollars ($35,000.00). The Board unanimously recommended that City Council reduce the outstanding lien to thirty-five thousand dollars ($35,000.00). Cott' {•f Cape Cense era Cott' Coi Agencila F Cod Council Meet rg Date: 10/` ijtem No. /7 rrn 5/2013 Subject: Consider Application for Satisfaction or Release of $81,950.00 Code Enforcement Lien, Case No. 2010-00126, 215 Pierce Ave., Unit C. Department: Code Enforcement Summary: This Complex has four buildings, each having four units. The Complex had four water meters, each serving one building. In 2011, the HOA dissolved, yet multiple violations existed, including some units with no water. Code Enforcement Staff mailed Notices of Violation to the individual unit owners. On May 19, 2011 the Code Enforcement Board entered an Order Imposing Penalty against the above -referenced unit of two hundred fifty dollars ($250.00) for May 20, 2011, and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed. This Board Order was executed on July 21, 2011 (Attachment #1). During the period of non-compliance the unit was owned by SunTrust Mortgage, Inc. On July 19, 2013 Angel and Ana M. Escalona-Clemente, Clemenesca Corp., purchased the property. They quickly took steps to bring the property into compliance. On August 05, 2013 a plumbing permit to install a new water meter was applied for and on August 14, 2013 the permit received an approved final inspection. The property was found in compliance on August 14, 2013. This Notice of Compliance was forwarded on August 19, 2014 (Attachment #2). The lien stopped accruing and the total fine is $81,950.00 (Attachment #3). On August 19, 2013 the owner applied for the full satisfaction of the Code Enforcement Lien (Attachment #4) due to the fact that they were not the owners at the time of the violation and that they quickly restored the property to a habitable condition. On September 19, 2013 the Code Enforcement Board recommended the City Council reduce the outstanding lien to five thousand dollars ($5,000.00). The draft Board Minutes (Attachment #5) and the Code Enforcement Board recommendation memo (Attachment #6) are included herewith. Staff contacted Angel Clemente and asked about the events that led up to this request. He explained that: • He did not know about the City's lien prior to the bid opening. He learned of the lien only after executing the contract. ® The contract contained a provision whereby he had to agree to assume the property under all conditions. • The Bank transferred the property via Special Warranty Deed. ® The Bank offered only a very short due diligence period for bidders (5 days), and the applicant did not conduct his own due diligence during this period, stating he did not have enough time. City Council Meeting Date: 10/15/2013 Item No. /'/ Page 2 of 3 Current market value according to Brevard County Property Appraiser is $33,080. Staff supports the recommendation to reduce the lien to five thousand dollars ($5,000.00) because the amount of the lien is disproportionate to the current value of the property as established by the Brevard County Property Appraiser ($33,080.00). Submitting Department Director: Todd Moil, -' Date: 10/2/2013 Attachments: #1 - May 19, 2011 Board Order #2 - Notice of Compliance #3 - Current lien amount calculation #4 - Application for Satisfaction or Release of Code Enforcement Lien #5 - Draft Minutes from the September 19th meeting #6 - Code Enforcement Board Memo Financial Impact: Up to $76,950.00 in forgone lien collections; Staff time for preparation of Agenda Item. 7 Reviewed by Financial Services Director: John DeLeo �-�'� Date: 1 ' �I The City Manager recommends that City Council take the ollowing action: Approve the request in the amount of $5,000.00. Ap-aroved by City Manager David L. Greene alit Date: /0/3 /13 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain 4*-( City of Cape Canaveral SCANNED CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Suntrust Bank c/o Ben Eva & Katz, P.A. Owner of the Property located at: 215 Pierce Ave., Unit C Cape Canaveral, FL 32920 LEGAL: UNIT 215C PIERCE CONDO AS DESC IN ORB 5624 PG 1776 AND ALL AMENDMENTS THERETO Respondent, Case #10-00126 CFN 2011143494, OR BK 6433 PAGE 1062, Recorded 08/10/2011 at 03 26 PM, Mitch Needelman, Clerk of Courts, Brevard County # Pgs.2 AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED TO IMPOSE THE FINE RETROACTIVELY) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19, 2011 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 504.1, General; Section 505.1, General; Section 604.3, Electrical System Hazards; and Section 302.4, Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA 10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N. Atlantic Avenue Post Office Box 326 s Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 ® Fax: (321) 868-1247 wwwmyflorida.com/cape 0 email: ccapecanaveral@cfl.rr.com Case #10-00126 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation, that the Respondent was provided notice of hearing before the Code Enforcement Board and had representation present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 504.1, General; Section 505.1, General; Section 604.3, Electrical System Hazards; and Section 302.4, Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA 10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on July 21, 2011. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine shall be entered immediately in the amount of two hundred and fifty dollars ($250.00) for May 20. 2011 and one hundred dollars ($100.00) per day thereafter, including all cost authorized by law related to the violation, until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 2. The Clerk of the Code Enforcement Board is hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent. 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of July, 2011. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 7hz Mary Russ , Chairperson Case #10-00126 Copies furnished to: Suntrust Bank c/o Ben Eva & Katz, P.A., Property Owner City of Cape Canaveral, Case File 1 hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this .,26 day of X0 (cc , 2011. 1/ al---ez----,, Joy mbardi, Board Secretary uree Alexander, Co•e Enforcement Officer August 19, 2014 -2 City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT NOTICE OF COMPLIANCE Clemenesca Corp. CIO Ana M. Escalona, R. A. 15550 S. W. 112 Drive Miami, FL 33196 CASE NO: 2010-00126 LOCATION OF VIOLATION: 215 Pierce Avenue, Unit C, Cape Canaveral, FL 32920 RESPONDENT(S): Ana M. Escalona Your property was found in compliance on August 14, 2013, by meeting the requirements of the Notice of Violation. DESCRIPTION OF VIOLATION: Section 82-221, International Property Maintenance Code, (IPMC) IPMC Section 504.1 General, Plumbing Systems and Fixtures IPMC Section 505.1 General, Water System IPMC Section 604.3 Electrical System Hazards IPMC Section 302.4 Weeds Section 38-26, of the City of Cape Canaveral Code of Ordinances; NFPA 10, Fire Extinguishers as adopted Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me at (321) 868-1222. Sincerely, ilavtte CZ-- Duree Alexander Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www cityofcapecanaveral.org • email: info@cityofcapecanaveral.org 4k5 City of Cape Canaveral Community & Economic Development Department LIEN AMOUNT FOR 215 PIERCE AVENUE UNIT C 5/2012011 5/1/2011 11 DAYS 6/1/2011 30 DAYS 7/1/2011 31 DAYS 8/1/2011 31 DAYS 9/1/2011 30 DAYS 10/1/2011 31 DAYS 11/1/2011 30 DAYS 12/1/2011 31 DAYS 1/1/2012 31 DAYS 2/1/2012 29 DAYS 3/1/2012 31 DAYS 4/1/2012 30 DAYS 5/1/2012 31 DAYS 6/1/2012 30 DAYS 7/1/2011 31 DAYS 8/1/2012 31 DAYS 9/1/2011 30 DAYS 10/1/2012 31 DAYS 11/1/2012 30 DAYS 12/1/2012 31 DAYS 1/1/2013 31 DAYS 2/1/2013 28 DAYS 3/1/2013 31 DAYS 4/1/2013 30 DAYS 5/1/2013 31 DAYS 6/1/2013 30 DAYS 7/1/2013 31 DAYS 8/1/2013 14 DAYS TOTAL DUE 1 DAY $250.00 $250.00 $100.00 $1,100.00 $100.00 $3,000.00 $100.00 $3,100.00 $100.00 $3,100.00 $100.00 $3,000.00 $100.00 $3,100.00 $100.00 $3,000.00 $100.00 $3,100.00 $100.00 $3,100.00 $100.00 $2,900.00 $100.00 $3,100.00 $100.00 $3,000.00 $100.00 $3,100.00 $100.00 $3,000,00 $100.00 $3,100.00 $100.00 $3,100.00 $100.00 $3,000.00 $100.00 $3,100.00 $100.00 $3,000.00 $100.00 $3,100.00 $100.00 $3,100.00 $100.00 $2,800.00 $100.00 $3,100.00 $100.00 $3,000.00 $100.00 $3,100,00 $100.00 $3,000.00 $100.00 $3,100.00 $100.00 $1,400.00 $81.,950.00 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE #: 10-00126 APPLICATION FEE: $ i o c e o 0 APPLICANT: ANA M. ESCALONA-CLEMENTE DATE: 5 0 , S, t -.t) . 1 /2 Dig; ADDRESS: -2» rei_rtisC HVcfVuc, Vivi t C. CITY: IA) tzA. STATE: FL NATURE OF VIOLATION(S): �- / E ADDRESS OF SUBJECT PROPERTY: 215 PIERCE AVENUE, UNIT "C", CAPE CANAVERAL, FL 32920 --329e0- 33 /9Co DATE FINE/LIEN IMPOSED: 07/21/2011 AMOUNT: $250.00 + $100.00 PER DAY /DAY OR TOTAL AS OF THE 20th. of MAY 2011. COMPLIANCE DATE: RELIEF REQUESTED: SATISFACTION / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES $ o.00 AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) I Mrs. Ana M. Escalona - Clemente did not create the violation. I have worked quickly with the City of Cape Canaveral staff and that of the City of Cocoa. The property is now in compliance and having to pay the lien cost would create a hardship. TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING TBE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) THE APPLICANT IS THE NEW OWNER OF THE PROPERTY SINCE JULY 18th., 2013. i ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) As of the 16th. of August, 2013 the property is in compliance. I Ana M. Escalona-Clemente have brought the property into compliance in less than 30 days from the date of closing. All failures to correct and maintain the mope y in compliance were cr- . a • • • - '. • - �r . , nerc Applicant' gnature Date: STATE OF G/o rcl COUNTY OF /?rte. to BEFORE MB the undersigned authority did personally appear An at C. O1 c..�-�e._ ., whoprovided ,Cc (Jr, (Mc 'S G, as identification, and who after being place under oath, swore or affirmed the information contained within this application is true and correct. .�i `"-'"•Y p -; JOY LOMBARUi ,,<'! .: MY COMMISSION # EE 034733 •�'�� "' EXPIRES: August 3 , 2015 o� '�eigi};°�' Bonded Thru Notary Public U derwiiters APPLICATION FEE: $ /60.00 I A4-0 Notary Public( FOR STAFF USE ONLY RECEIVED BY CITY ON COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON 2144 (3 CODE ENFORCEMENT REVIEW ON Q / I i / 13 CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES 2-1P-/3 ,r ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE Code Enforcement Board Meeting Minutes September 19, 2013 Page 5 Pursuant to Section 2-260(g), of the City Code, if the application is denied, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for a period of one year from the date of denial. On August 14, 2013 Chase Home Finance, LLC applied for a reduction of the Code Enforcement Lien in the amount of ninety -eighty thousand two hundred fifty dollars ($98,250.00) to thirty-five thousand dollars ($35,000.00). Rick Mahler, representative of Chase Home Finance, LLC, requested that the lien be reduced to thirty-five thousand dollars ($35,000.00) due to the fact that the property has been brought into compliance and the neighbor that was adversely affected has been compensated. Officer Alexander respectfully requested that the Board re mend to the City Council the reduction of the lien to thirty-five.thousand dollars ($35,00 Motion by Mr. Viens, seconded by Mr. Godfrey accept -ff s recommendation and recommend that Council reduce the lien in the a y nt of .. inety-ei -ty thousand two hundred fifty dollars ($98,250.00) to thirty-five thousand do ('. ,000.00). Vote on the motion carried unanimously. 11. Case No. 10-00126 -- Application for elease of Code Enforcement Lien. (215 Pierce Ave. Unit C) — Ana M. Es Code Enforcement Officer, Dure presented exhibits for the Boar exterior maintenance and no wat since the end of 2010 Escalona-Clemente, Cl took necessary steps t on August 05, 2013 a p received an approved final in nte, Property Owner. ded a brief overview of the Case history and Alexander testified that the violation was for fficer exander stated that the unit had not had water acant. Officer Alexander further stated that Ana M rp:, +urchased Unit C on July 19, 2013 and immediately nnect an individual water meter for the unit. Accordingly, mit was applied for and on August 14, 2013 the permit n bringing the property into compliance. Mr. Clemente testified that they purchased the property in August and immediately obtained a permit and brought the property into compliance. Mr. Clemente stated that the lien amount well exceeds the value of the property and is requesting a satisfaction of the lien; however, he stated that he understands there are staffs cost to consider. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of eighty-one thousand nine hundred fifty dollars ($81,950.00) to thirty-six thousand eight hundred seventy-seven dollars and fifty cents ($36,877.50). Discussion followed regarding the value of the property and the quick response for compliance. Motion by Mr. Viens, seconded by Mr. Lotspeich, to recommend that Council reduce the lien in the amount of eighty-one thousand nine hundred fifty dollars ($81,950.00) to five thousand dollars ($5,000.00). Vote on the motion carried unanimously. Community and Economic Development Memo TO: David Greene, City Manager VIA: Todd Morley, Community and Economic Development Director FROM: Joy Lombardi, Code Enforcement Board Secretary DATE: September 25, 2013 RE: Code Enforcement Board Recommendation to the City Council for the Satisfaction or Reduction of Lien (215 Pierce Avenue, Unit C, Case #10-00126) At the September 19, 2013 Code Enforcement Board Meeting, the Board considered a request for satisfaction or reduction of a Code Enforcement Board Lien in the amount of eighty-one thousand nine hundred fifty dollars ($81,950.00). Ms. Escalona-Clemente, property owner, requested the satisfaction of the Code Enforcement Board Lien in full due to the fact that she was not the owner at the time of the violation and immediately brought the property into compliance. The Board unanimously recommended that City Council reduce the outstanding lien to five thousand dollars ($5,000.00). City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/15/2013 Item No. IL Subject: Compensation and Benefits Survey/Analysis and Renewal of Health, Dental and Life Insurance. Department: Administrative Services; Human Resources Division Summary: Employee compensation and benefits data was requested from the neighboring fifteen Brevard County Municipalities, Brevard County Board of County Commissioners and Port Canaveral. Specific areas of inquiry included: Leave, Retirement, Medical/Life/DentalNision/Disability Benefits, Employee Assistance, Recognition Programs and Salary/Wage information associated with specific job titles. While not all entities responded to the request for data, an 82% (14/17) survey return rate provided a sufficient sample by which to assess the City of Cape Canaveral's "likely" ability to compete for and retain workforce talent and identify areas of advantage and/or disparity. An analysis of respondent data strongly indicates that the City of Cape Canaveral is not positioned to offer a hiring advantage when competing with area municipalities for talented, educated, skilled or experienced employees (See Attachment #1, Compensation and Benefits Survey Analysis). The greatest disparity was found in the following areas: • Employer contribution toward dependent health premium costs: On average, Brevard municipal employers contribute 73% toward the premium cost for dependent health coverage for their employees. The City of Cape Canaveral contributes 10% toward the premium cost for dependent health coverage. The employee burden of contributing 90% toward dependent health premiums is compounded by higher than average premium costs, due largely by the number and age of its workforce. Pursuant to the Kaiser Family Foundation 2013 Employer Health Benefits Survey, the average annual premium for family health coverage is $16,351 (Florida Today, October 6, 2013). The current annual premium for family coverage is $23,782.80; 45% above the national average. The average full time City of Cape Canaveral employee earns $38,500.00 net (after taxes) per year. The dependent health insurance cost to the employee is as follows: o Family Health Benefits: 37% of net earnings, $14,269.72 per year. Spouse Health Benefits: 21.3% of net earnings, $8,205.08 per year. Child (Children) Health Benefits: 17% of net earnings, $6,564.12 per year. o At present, two employees are enrolled in spouse health coverage, one is enrolled in family health coverage and no employees are enrolled in child health coverage. o The City pays 100% of the premium cost for employee health coverage and contributes a total of $3,468.88 per year toward dependent health insurance. Clearly, the employee contribution requirements for dependent coverage is not financially feasible for all but a few City employees and represents a great financial hardship for those with no other options for dependent coverage. City Council Meeting Date: 10/15/2013 Item No. 12 Page 2 of 6 • Defined Benefit Retirement Programs: 61.55% of respondents reported offering employees a retirement plan which guarantees a specific lifetime retirement benefit in exchange for a commitment to provide years of productive service. In light of recent market volatility, it is not difficult to see why many feel overwhelmed or insecure about their ability to successfully manage a self- directed retirement portfolio such as the Defined Contribution Plan provided by the City. • Defined Contribution Retirement Plan (401a Plan): o Service Credits (years of City employment) required for vesting City of Cape Canaveral employees are fully vested after 5 years of service, while the vast majority of respondents provide a reduced vesting period for Deferred Compensation Retirement Plan participation as an incentive to select Defined Compensation Plan over Defined Benefit Plan participation. The Florida Retirement Plan (FRS) represents such a plan with ever increasing vesting duration for new participants of the Defined Benefit Plan. o Employee eligibility: The City of Cape Canaveral was the only respondent to delay employee participation beyond hire date. • Deferred Compensation (457b Plan) Employee eligibility for emDlover matching contribution: 78.6% (11/14) respondents offer employees the opportunity to defer earnings on a pretax basis in order to take a distribution at a time when their tax liability is reduced. 85% of all respondents with formal retirement plans also offer Deferred Compensation Plans. Commonly viewed as saving plans vs. a true retirement plan, the City of Cape Canaveral requires a one year waiting period before matching up to a 3% contribution by an employee into a 457b Plan. All other municipalities matching contributions to a 457(b) Plan do so upon day one of employment at rates between 2.5% and 5%. • Compensation Analysis Review of data indicates City of Cape Canaveral salaries lag behind respondent pay averages in 64% of position categories. Furthermore, a troubling trend emerges for the City with a workforce dominated by long term employees, who have reached salary caps, leaving little room for age diversity or upward mobility. An examination of employee census data confirms an ever maturing workforce which is negatively impacting the City's ability to obtain competitive bids for healthcare coverage. An organization's ability to innovatively solve problems, attain goals, achieve service excellence and embrace the challenges/rewards of advancing green technologies requires an educated, creative and enthusiastic workforce. The City of Cape Canaveral faces retention challenges, investing time and money in training new employees who move on to enrich the workforce of others. Exit interviews confirm deep concerns relating to retirement security coupled with an inability to afford health benefits for spouse and children are the primary reasons cited for leaving City employment. The prohibitory cost of spouse and family health coverage significantly reduces the pool of individuals willing to consider employment with the City. City Council Meeting Date: 10/15/2013 Item No. 12. Page 3 of 6 Renewal of Health, Dental and Life Insurance: The City provides premium paid Health, Dental, Vision and Life insurance benefits to its employees. The plans have set deductibles and co -payments. The City utilized Brombacher Insurance, LLC to obtain renewal costs from current providers as well as bids from competitors. Vision benefits were excluded from the bid process as the City has one year remaining on a two year premium set contract. • Health Benefits: Health First, the current provider, proposed a renewal rate for both Standard HMO and High Deductible HMO plans with a 2.1% average plan year premium increase (3.1% Standard HMO Plan and 1.0% High Deductible HMO Plan). The City has been notified by Health First that its small group Standard HMO will be discontinued in December 2014. At this time, it is not possible to know the numbers of employees who will enroll in each plan as the City's Open Enrollment season cannot occur until after renewals are finalized. The League of Cities Health Plan Manager declined offering a bid following receipt of the City's employee census data and recommended that we renew the competitive renewal presented by Health First P lans. (League of Cities offers only self-insured health plans and expressed concerns related to the age of our workforce). Recommendation: In lieu of a transitioning health insurance marketplace and in receipt of a competitive proposal from Health First Plans, renewal of our current H ealth Plan is advantageous to the City. It is recommended that the City not seek an employee contribution toward employee Health premiums. To do so would exacerbate the City's competitive disadvantage in its ability to attract and retain talented employees. • Contribution toward Dependent Healthcare Coverages The current 10% employer contribution toward dependent healthcare offers little to no relief for employees seeking dependent coverage. Federal Health Exchange eligibility rules combined with the Florida Legislature's rejection of Federal Medicaid dollars and Medicaid expansion prohibits Health Exchange enrollment by City employees who would otherwise qualify with earnings less than 400% above the US poverty level. Also, City retention and recruitment challenges are intensifying as the economy improves and employment opportunities increase. Competition is fierce for plant operations, building and landscaping trades and administrative personnel who, in addition, satisfy the City's motor vehicle, criminal and drug free workforce standards. Options for addressing the dependent healthcare contribution disparity are as follows: o Increase the 10% employer contribution toward dependent health insurance. Employer contributions of 25%, 50%, 75% and a flat $5,000.00 are presented (See Attachment #2, Employer Contribution Cost Analysis). And prohibit spouse coverage eligibility in instances where the spouse is offered health coverage through his/her employer if cost is less than 9.5% of gross family income. City Council Meeting Date: 10/15/2013 Item No. 12-- Page 2-Page 4 of 6 o Take no action: • Continue to hire from the ranks of the unemployed or underemployed. • "Grow our own talent" which requires an investment of time and money. This action alone will result in a risk of the City serving as a "trainer" for other employers Once the trainee is proficient, he/she is highly marketable to others. The City continuously provides training in many positions. Vacancies for Plant Operators remain unfilled because the City is unable to attract qualified candidates. Workforce becomes less diverse which limits the City's ability to deliver innovative, creative and customer responsive solutions and service • The inability to retain and recruit new talent contributes to an employee census which directly impacts our health insurance rates. Though our claim history is excellent, our average age earns the City high health insurance rates. Recommendation: Change the contribution from 10% to a flat $5,000.00 per year. This would increase the cost by $11,592. per year if enrollment remains unchanged. • Dental Benefits: Delta Dental, the current PPO provider, proposed a renewal rate with a 7.7% increase. This increase represents an "industry standard" percentage increase for annual renewals. Though one other provider presented a lower premium (Solstice), a lack of in -network dentists presents barriers to service and significantly downgrades the benefit value. Recommendation: Renew with Delta Dental. • Life Insurance Benefits Standard Life, the current provider, proposed a renewal rate with a 14.89% increase as a result of a claim during the 2012-13 plan year. Mutual of Omaha, known as a premier Life Insurance provider, presented an equivalent Life benefit at a rate 2.1% above the current rate. Total cost to the City would be $19.65 per employee/month. Mutual of Omaha also offers an Employee Assistance Program (EAP) as an "add on" to their Group Policy for an additional cost of $97.00 per month ($1,164.00 per year). The City's current EAP provider charges a rate of $1,800.00 per year for services which appear to be relatively equal. Accepting Mutual of Omaha's offer of EAP services represents a 35% cost savings Mutual of Omaha has also offered to "grandfather in" all participants enrolled in employee paid Optional Life Insurance for additional Life coverage for employee, spouse and/or children Recommendation: Accept the proposal from Mutual of Omaha with addition of EAP services. • Employer Paid Disability Benefit: As requested, the City, through Brombacher Insurance, LLC and the League of Cities American Fidelity Assurance, compiled six (6) bids for employer paid Disability Insurance coverage. While elimination periods (wait time before benefits are paid) vary, it would seem prudent to offer a benefit that compliments current FMLA (Family Medical Leave Act) policy and provides financial relief to disabled or seriously ill employees after FMLA is exhausted (480 hours or approximately 3 months). Mutual of Omaha proposed a plan which satisfied the 90 City Council Meeting Date: 10/15/2013 Item No. 12- Page 2Page 5 of 6 day elimination period, waived the premium when a claim is filed and benefits paid and provided benefits until Social Security age at a cost of $797.60 per month ($9,571.20 per year). The League of Cities proposal (Fidelity) failed to present a policy which waives premiums in the event of illness resulting in a benefit should the policy holder sustains a disability as a result of an accident. Employees on medical leave (FMLA) are ineligible for benefits because only active duty employees can collect benefits. The League of Cities Disability plan provides less benefit at a greater cost. Both plans guarantee a set rate for 2 years. Options for paying premiums: o Pay the $9,571.20 for premiums outright. o Adjust leave and accrual policy to provide opportunities for City cost savings (See Attachment #3, Leave and Accrual Proposals). This would include: • Eliminate separate categories of sick and annual leave. Replace with a single category monthly leave accrual which may be utilized for any allowable purpose such as employee illness, illness of family member, doctor's appointments (employee or family member) or vacation. • Reduce annual carryover and payout limits. • Eliminate discretionary personal days and sick to annual leave conversion. This option could be applied to non-union employees immediately; however, under the current contract members would receive the benefit and any changes to the accrual policy would have to be negotiated prior to implementation. Recommendation: Pay the premiums outright. Staff will bargain with the Union to change the accrual policy and then it would be applied to all employees at the same time. Additional Recommendations: • Staff appreciates Council's desire to participate in the benefits renewal process; however, time and money dedicated to preparing documentation and summaries of materials for Council consideration has increased significantly as the complexities of options evolve in some benefit areas while remaining unchanged in others. City Staff is dedicated and skilled at aggressively "shopping the market" for value and savings and respectfully requests that City Council empower Staff to renew Health, Dental, Vision and Life benefits, without the need to return to Council, provided renewal rates not exceed 10%. • Compensation Analysis and Retirement Plans — Authorize Staff to make appropriate adjustments to the Salary Schedule and the Retirement Benefit for the FY 14/15 Budget to increase hiring/retention potential. Submitting Individual: Jane Ross, Human Resources Officer Date: Attachment: #1 Compensation and Benefits Survey Analysis #2 Employer Contribution Cost Analysis #3 Leave and Accrual Proposals DAbor- City Council Meeting Date: 10/15/2013 Item No. / 2 - Page Page 6 of 6 Financial Impact: A financial impact would be incurred with adjustments to the City's Compensation and Benefits Plans should the City Council wish to adjust programs in a manner that enhances the City's ability to recruit and retain a talented and skilled workforce. Though difficult to measure, general consensus supports the financial advantages "to the bottom line" of employing an innovative and highly competent workforce. In regards to renewal of Health, Dental and Life Benefits with EAP Services from Mutual of Omaha, a net savings over the amount budgeted of approximately $25,272.60 will be realized. Should Council support the increased benefit toward the cost of Dependent Health Insurance Coverage, based upon current enrollment the cost would reduce the net savings to $13,741.48. Should Council support the Employer Paid Disability Benefit the net savings would reduce to $4,170.28; however, if the leave accruals were changed this would produce additional savings. Reviewed by Finance Director: John DeLeo Date: i U "0 _) The City Manager recommends that City Council ake the following actions: • Renew the Health First Standard HMO and High Deductible HMO Plans. • Change the contribution towards Dependent Health Insurance Coverage to a flat $5,000.00 per year and prohibit spouse coverage eligibility in instances where the spouse is offered health coverage through his/her employer if cost is less than 9.5% of gross family income. • Renew with Delta Dental. • Accept the proposal from Mutual of Omaha with addition of EAP services. • Pay the premiums for Employer Paid Disability Benefit out right and pursue changing accrual policy during union negotiations. • Authorize Staff to renew Health, Dental, Vision and Life benefits, without the need to return to Council, provided renewal rates not exceed 10%. • Authorize Staff to make appropriate adjustments to the Salary Schedule and Retirement Benefits for the FY 14/15 Budget. Approved by City Manager: David L. Greene 01)4" Date: /o% g%/3 City Council Action: [ ] Approved as Recommended [ ] Disapproved' [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Compensation and Benefits Survey Analysis CITY OF CAPE CANAVERAL COMPENSATION AND BENEFITS SURVEY ANALYSIS October 1, 2013 SAMPLE: Thirteen (13) Brevard County municipalities and the County of Brevard. SURVEY RESPONDENTS: City of Cape Canaveral, City of Cocoa, City of Cocoa Beach, Town of Malabar, City of Melbourne, City of Satellite Beach, City of Titusville, Brevard County Board of County Commissioners, Town of Melbourne Village, City of Palm Bay, Town of Palm Shores, City of Rockledge, Town of Grant-Valkaria, and City of Indian Harbour Beach. (City of Cape Canaveral data will be included in averages unless otherwise stated.) EMPLOYEE SAMPLE: Compensation and benefits data reported for non-union employees. LEAVE POLICY Commonly viewed as an employee benefit and retention incentive. 100% of respondents utilize a progressive annual leave accrual policy which rewards longevity with an increased rate of annual leave accrual. ANNUAL LEAVE POLICY Average Hours City of Cape Annual Years of Service Accrued Annually Hourly Accrual Rate 1 Year 5 Year 10 Year 15 Years 20 Years 87.3 80 117.23 80 145.09 120 156.60 144 180 160 " Respondents reporting a system of leave accrual which combines annual and sick leave. This system of leave accrual was omitted from consideration in this category. Average Termination Payout (100% of Maximum) Number with No Limit to Carryover 281.33 hours 3 Permits Hardship Payout of Leave 21% City of Cape Canaveral maximum payout 320 contingent upon years of service. Term payout for 16+ years of service. Formula: 2 X maximum annual accrual. Percentage of respondents offering richer annual leave policy than City of Cape 100% Canaveral. • One municipality disclosed an executive recruiting incentive whereby Director level employees are granted higher annual leave accrual rates in order to attract and retain skilled senior management personnel. SICK LEAVE POLICY Average number of hours awarded per month. Average Carryover Hours. Number with "No Carryover Limit" Use It or Lose It Policy. 8 886.66 3 7 No 3 Yes Number of municipalities with a Termination I 1 No 11 Yes Payout Policy. Number of municipalities with a 25% Payout Cap. 1 Number of municipalities with a 50% Payout 50% Cap.(to 6 include City of Cape Canaveral with max payout of 200 hours (50%) for sick leave balance y to 400 hours) Number of municipalities with a 75% Payout 75% Cap at 1 Retirement. Number of municipalities with a Sick Leave 6 No 5 Yes Incentive Program. Sick Leave Conversion Program. 4 No 8 Yes Page 1 1 BEREAVEMENT POLICY Leave granted for death in the immediate family. Such leave is not deducted from the employee's leave balances. (14/14) 3-5-8 Days (3 for In -State, 5 for out of State, 8 for Child or Spouse).(1/14) 3-5 Days (3 for In -State and 5 for out of State. (9/14) Includes City of Cape Canaveral 3 Days (3/14) 5 Days (1/14) HOLIDAY LEAVE POLICY Holiday Leave Granted % Yes I Cape Canaveral Holiday Pay Offered. Part-time Employee's Eligible for Holiday Pay. New Year's Day Martin Luther King Day Presidents Day Good Friday Memorial Day July 4m Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Eve 100% 64.28% Christmas Day New Year's Eve Employee's Birthday Floating Day Employee receives OT pay plus Holiday pay when they work a holiday. 100% 93% 57% 21% 100% 100% 100% 100% 100% 100% 85.7% 14.3% ' Day 100% 14% 43% 38% 78.6% Yes For Union Employees Only Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes No For 5 Specified Holidays Only 100% 7.14% 64.30% 21.42% 7.14% The definition of "family member" (relationship eligible for employee to claim Bereavement Leave) does not vary among respondents, with the exception of two respondents who include a broader definition: • A person living in the home of the employee and • The employee's or spouse of employee's legal guardian. Page 1 2 SHIFT PAY Applies to Union and Non -Union Personnel Applies only to Union personnel The City of Cape Canaveral falls into this category. Shift differentials are paid for 2"° and 3`0 shift work. Amounts range from $.35-$.60 per hour. (City of Cape Canaveral pays $.35 per hour shift differential.) * Low sample of only six (6) respondents for this survey section. RETIREMENT BENEFITS ELIGIBILITY Full-time Employees Only (5) 38.46% Full and Part-time Employees (7) 53.85% Not Specified (1) 7.7% No Retirement Offered (1) City of Cape Canaveral FT Employees Only 14 respondents for this survey area. * Town of Palm Shores with 3 employees responded NA. PLAN DESCRIPTION 1 Florida Retirement System (FRS) (6/13 Respondents) Employee may enroll in either a Defined Benefit (DB) or a Defined Contribution (DC) Plan with an option of "switching" plans once during their participation tenure. Hybrid Plan (1/13 Respondent) A cash balance plan which is an alternative to maintaining both DB and DC plans. It combines elements of both in a single plan. Like a traditional DB plan, contributions from employees and employers are pooled and professionally managed. But unlike a DB plan, the benefit is based on the amount accumulated in the account, not on a formula based on salary and years of service. Members get a guaranteed rate of return, but it's likely to yield lower yearly payouts than a traditional DB plan Defined Contribution Plan (5/13 Respondents) A 401(a) Plan where employer contributes a specified percentage of employee's earnings into a managed fund where the employee self directs the investment allocations. (City of Cape Canaveral) Defined Benefit Plan (1/13 Respondent) Mandatory participation required day one of starting the job. 40% 60% 100% 46.15% 7.7% 38.46% 7.7% Page 1 3 EMPLOYMENT LONGEVITY ELIGIBILITY REQUIREMENT None. Employee is eligible for participation on their first day of employment. Probationary status does not impact eligibility. (Temporary, intern, contract employees excluded.) 11/13 Respondents Employee is eligible after 1 year of full-time permanent employment. ( 1/13 Respondent) City of Cape Canaveral 1 Respondent did not disclose information. (1/13 Respondent) EMPLOYER RATE OF CONTRIBUTION FRS contributions vary depending on the class of employee. There are 4 classes of employees: Elected Official, Senior Management, Regular Class, and Special Risk. ( 6/13 Respondents) Non FRS average employer contributions to retirement plans.7/13 Respondents) City of Cape Canaveral offers a 401(a) Plan contributing 7%. Employees have the option of enrolling in a 457(b) Plan where the employer matches employee contributions up to 3% bringing the total possible employer contribution to 10%. Participation in the voluntary Deferred Compensation Plan averages approximately 44%. 84.60% 7.7% 7.7% 13.16% Average 14.70% VESTITURE FRS Investment Plan 1 Year FRS Pension Plan (Defined Benefit Plan) 6 years for all employees hired before July 2011. Eligible for full retirement and Deferred Retirement Option Plan (DROP) at age 62 or 30 years. Defined Contribution Plan (City of Cape Canaveral included in this group) Hybrid DEFERRED COMPENSATION PLAN 8 years 5 years Not Disclosed i Municipality offers a voluntary Deferred Compensation 457(b) Plan.) 78.6% 11/14 Municipality does not offer a Deferred Compensation 457(b) Plan.(2 Respondents) 14.28% 2/14 Respondent did not disclose 7.14% 1/14 Municipality matches employee contributions up to a set %. Ranges vary from 2.5% to 5%. 40% Respondent breakdown: 4 Yes, 6 No, 2 Did not disclose City of Cape Canaveral offers a voluntary employee 457(b) Plan with match up to 3%. i Page 1 4 INSURANCE BENEFITS MEDICAL/HEALTH GROUP INSURANCE Employer offers Medical/Health benefits to permanent full time employees only. (12/14) Employer offers Medical/Health benefits to full and part time employees. (1/14) Employer does not offer Medical/Health benefits to employees. (1/14) Town of Palm Shores with total of 3 employees 85.71% 7.14% 7.14% City of Cape Canaveral offers Medical/Health benefits to permanent full time employees. 1 TYPE OF MEDICAL/HEALTH GROUP INSURANCE Single option HMO Group medical plan Single option PPO Group medical plan HMO or PPO Group plans (2 plan to choose from) HMO, PPO, and High Deductible HMO Group plans (three plans to choose from) 45.5 9% 27.2 % 18% City of Cape Canaveral offers a HMO and a High Deductible Health Plan (with HSA). i MEDICAL/HEALTH GROUP PLAN PROVIDERS Health First (HMO or High Deductible HMO) City of Cape Canaveral included in this group. United Health Care (HMO or PPO) CIGNA ( PPO) AVERAGE DEDUCTIBLES PLAN TYPE 4 HMO Plans 4 HMO Plans PPO (in -network) PPO (out of network) INDIVIDUAL I FAMILY I $ 750 $ 1,875 None None $ 750 $ 1500 $1,666 $ 3,666 City of Cape Canaveral Standard HMO None None I 72.7% 16.6% 8.33% MAXIMUM OUT OF POCKET PLAN TYPE 4 HMO Plans 2 HMO Plans 2 HMO Plans 1 HMO Plan 2 PPO Plans (in -network) 2 PPO Plans (Out -of -Network) INDIVIDUAL $ 1,500 $ 2,500 $ 3,000 $ 2,000 $ 3,000 $ 4,000 FAMILY $ 3,000 $ 5,000 $ 6,000 $ 4,000 $ 6,000 $ 8,000 $ 3,000 I City of Cape Canaveral Standard HMO Plan $ 1,500 Page 1 5 AVERAGE EMPLOYEE COSTS FOR SERVICES Description of Services Coinsurance Percentage Primary Care Physician Office Visit Specialist Office Visit Routine Lab co -pay Routine Radiology HMO PPO PPO CCC HMO Plan In net out of net 12.7% 20% 40% 20% $16.11 $30 40% $10 $28.75 $30 40% $20 8.3% 30% 40% 0 +20%/coinsurance $13.75 30% 40% $20 In -Patient Hospital co -pay — (2 ) 10% 2 ($250) 2 (20%) 1 ($750) 4 (Not Disclosed) Emergency Room Visit MRI, CT,MRA, Pet Scans co-pay/coinsurance $125 Average $55 Average $250 +20% coinsurance $150 $100 +20% coinsurance Prescription co -pay — All plans offer a tier co -pay system of varying co -pays depending on the medication and availability of a generic ecuivalent. *CCC represents an abbreviation for the Health Plan offered by City of Cape Canaveral Co-insurance describes a splitting or spreading of risk among multiple parties usually defined in a percentage split such as 10% or 20% Co -payment is a fixed dollar amount paid by the employee for services such as payment per office visit or ER visit. EMPLOYER PREMIUM CONTRIBUTION TOWARD MEDICAL/HEALTH COVERGE Responders providing 100% premium payment toward medical/health coverage for employee. (10/13) 77% City of Cape Canaveral contributes 100% towards Employee Only premium. Average percentage of Employee Medical/Health paid by employer. 97% Employers providing at least 50% premium assistance toward Family medical/health coverage. (12/13) 84% Employers providing at least 60% premium assistance toward Family medical/health coverage. (9/13) 70% Employers providing at least 75% premium assistance toward Family medical/health coverage. (6/13) 46% Employers providing at least 80% premium assistance toward Family medical/health coverage. (3/13) 23% Average employer premium assistance toward Family medical/health coverage. 73% City of Cape Canaveral premium contribution toward employee's Family medical/health. 10% *City of Cape Canaveral omitted from Employer Family Medical/Health premium contribution averages. Page 1 6 AVERAGE MONTHLY MEDICAL/HEALTH PREMIUM COSTS (Premiums will vary widely based upon the size, census data, and medical history of group), COVERAGE LEVEL MONTHLY PREMIUM AVERAGE FOR ALL GROUPS City of Cape Canaveral Current Rates Average cost of Employee (Individual level) Premium. Employee + Spouse (Total Premium) Employee + Child (Children) (Total Premium) Family (Total Premium) Employer Contribution for Employee Only Employer Contribution for Employee +Spouse Employer Contribution for Employee + Child (Children) Employer Contribution for Family " One City providing no dependent coverage " One City providing 10% contribution toward dependent coverage (City of Cape Canaveral) * Remaining Cities providing 95%, 60%, 62%, 66% contribution toward dependent coverage. EMPLOYERS PROVIDING HEALTH PLAN CHOICES Yes (3) No (9) 25% 75% Yes City of Cape Canaveral $ 537.93 $ 1,422.042 $ 1,249.10 $ 1,627.08 $ 511.84 $ 856.85 $ 779.11 $ 1,089 $ 660.63 $ 1,420.36 $ 1,268.42 $1,981.90 $ 660.63 $ 736.60 $ 721.41 $ 792.76 Page 1 7 DENTAL PLANS AREAS OF INQUIRY 1.1111111111.1111 Percentage of respondents providing dental benefits to employees. (12 Yes) (1 No) Offering single HMO plan. Offering PPO Plan. Offering choice of HMO or PPO plan. Average plan deductible (Individual coverage level). Average yearly benefit amount. Average monthly premium for Individual coverage level (employee only). Average monthly premium for Employee+ Spouse. Average monthly premium for Employee + Child (children). Average monthly premium for Family level coverage. Orthodontics offered under plan. Percentage employers who pay 100% dental premium for Employee level coverage. Average monthly employer contribution for Employee + Spouse level coverage. Remaining premium amount paid by employer. Average monthly employer contribution for Family level coverage. Remaining premium amount paid by emplo7er 'CCC represents an abbreviation for the Health Plan offered by City of Cape Canaveral. VISION Respondent offers vision benefits for employee plus family. 92.3% 8% 75% Yes 25% No $ 40 $50 $1,578.57 $1,000 $27.52 $27.13 $54.17 $66.43 $48.45 63.03 CCC Yes No $114.07 $104.25 60% No 72.7% Yes $51.87 $0 $69.93 $0 83% 8% 8% No Yes No Response Average yearly benefits. $129.00 Average monthly premium for Employee Only level of coverage. $5.25 Number of Respondents paying 100% of Employee Only premium coverage 718 Average monthly Premium for Family level coverage. $13.21 Of 10 respondents indicating vision coverage, 2 contribute toward family level coverage, 1 at 75% the 2nd respondent at 52%. Four indicated that the premium was included in the health plan. LIFE INSURANCE Respondent offers Life Insurance Benefit Average amount offered by respondents where benefit not based upon salary.(6) 1 times employee's salary. 2 times employee's salary 1.5 times employee's salary Emplo_ er paid City of Oape Canaveral (Employer paid) CCC Yes $120 $ 6.44 Yes $15.86 92% $70,000 5 1 1 100% $100,000 Page 1 8 DISABILITY INSURANCE Disability Insurance available to employees. Percentage of employer who pay for disability insurance on behalf of their employees. EMPLOYEE ASSISTANCE PROGRAM Respondent provides an Employee Assistance Plan. 63.4% Yes 36.6 No 57% City of Cape Canaveral provides employees with an opportunity to enroll in employee paid disability insurance. 70% I 15% I 15% Not Yes No Disclosed City of Cape Canaveral provides EAP to employee and "covered dependents". Because so few employees enroll in dependent coverage due to cost (3), family inclusive counseling services (marriage, family and child issues) are not available to most employees. EMPLOYEE RECOGNITION PROGRAMS Yes 33.4% No City of Cape Canaveral does not have a formal employee recognition program; however, employees have received Bonus', gift cards and luncheons as budgeted. 63.6% Page 1 9 SALARY SURVEY & COMPARISON Positions listed represent an average of salaries reported by respondents. POSITION TITLE SALARY Minimum SALARY MAXIMUM City of Cape Canaveral Salary Range City of Cape Canaveral Incumbent Salary ADMINISTRATIVE Current Staff Years of Service City Manager Administrative Services Director Finance Director Human Resources Officer (Director) Deputy City Clerk Accountant Administrative Assistant 61,125 61,700 48,000 36,750 34,600 27,800 Accounting Technician 28,160 COMMUNITY AND ECONOMIC DEVELOPMENT Community and Economic Development 65,740 Director Planning and Zoning Director 63,300 77% reported no such position (sample of 3. Administrative Assistant 27,800 95,857 95,600 80,100 56,400 54,600 45,360 43,400 By Contract 49,000-75,000 59,000-91,000 50,000-77,501 33,000-52,499 35,214-54,579 30,000-47,632 27,352-42,390 By Contract 72,425.60 67,246.40 55,500.00 37,211.20 35,214.40 49,649.60 47,632.00 42,390.40 101,000 65,000-101,858 84,344.00 108,300 65,707-101,858 74,755.20 45,360 30,000-47,632 47,632.00 3 4 7 mo. 3 mo. 6 6 mo. 2 20 20 11 5 24 POLICE SERVICES School Crossing Guard (PT Seasonal) hourly 9.15 13.75 9.18-14.24 13.39 10.09 10.09 BUILDING AND CODE ENFORCEMENT Building Official Building Inspector/Plans Examiner Code Enforcement Officer 59,800 42,700 32,600 Senior Secretary 27,800 99,400 73,300 53,800 33,740 51,813-80,330 34,778-53,914 29,578-45,843 55,432.00 34,778 49,483.20 30,326.40 26,333-40,830 40,684.80 5 2 2 2 10 9 mo. 15 INFRASTUCTURE MAINTENANCE Infrastructure Maintenance Supervisor 39,933 Maintenance Specialist/Arborist 28,500 Maintenance Specialist/Carpenter 28,500 Maintenance Specialist 28,500 Maintenance Worker 25,400 62,000 42,375 42,375 42,375 38,520 37,107-60,403 60,403.20 35,797-52,770 41,558.40 28,787-42,619 Vacant 25,563-37,378 37,377.60 22,256-33,509 Vacant 24,336.00 29,078.40 22 17 18 3 mo. 7 Page j 10 1 LEISURE SERVICES Leisure Services Director Administrative Assistant Recreation Coordinator Maintenance Worker Recreation Leader Summer Recreation Leader- PT Hourly WASTEWATER ENTERPRISE FUND Public Works Services Director Public Works Services Supervisor Regulatory Compliance Supervisor Lead Plant Operator Lead Utilities Mechanic Environmental Analyst Instrumentation and Control Technician Laboratory Technician Water Reclamation System Inspector/Lab Tech. Administrative Assistant Plant Operator Utilities Mechanic STORMWATER ENTERPRISE FUND Public Works Services Deputy Director LEGAL STAFF Is your City Attorney a staff member? If so, salary range If No, what is the contracted hourly rate? SALARY MINIMUM SALARY MAXIMUM 62,425 99,250 27,800 45,360 32,250 51,750 25,500 42,375 22,660 34,100 9.13 15.00 65,814 102,128 51,066 80,000 42,150 62,700 38,766 59,066 33,400 49,840 29,566 42,133 30,000 44,533 31,800 49,194 39,666 57,666 27,800 45,360 30,166 47,800 25,575 38,000 54,500 81,800 City of Cape Canaveral Salary Range 57,034-88,421 Current Staff 68,250.00 Years of Service 7 mo. 30,742-47,632 47,715.20 30 27,414-42,494 33,820.80 5 25,553-37,608 26,873.60 1 23,608-36,608 13.80 5 12.00 PT 2 mo. Vacant x 2 Min. Wage -11.35 8.00 NA 8.00 62,941-97,573 37,648-58,365 42,245-65,478 1 77,251.20 8 vacant 64,043.20 27 36,504-54,600 VACANT 34,986-54,226 39,436.80 3 35,942-51,792 ELIMINATED 32,781-48,339 48,339.20 15 32,573-44,221 44,220.80 9 32,573-44,221 44,220.80 13 30,742-47,632 28,413-42,245 27,227-40,955 35,609.60 47,632.00 31,096.00 32,323.20 42,224.00 38,168.00 28,080.00 47,798-74,110 67,2588 25% Yes I 75% No No $J 163,953 (one) Average $190. per hour City of Cape Canaveral $130.00 per hour 9 5 1 1 24 1 1 mo. 2 No NA Does your contract include a "grace period" City of Cape Canaveral before billing begins? 100% No No Page 1 11 Attachment #2 Employer Contribution Cost Analysis Current Year: Average net salary for current Employees per Pay Period is $1,482.69. With the current premiums; if an Employee desired family coverage that leaves them $888.12 each of the 24 pay periods or $1,776.24 monthly. Employee Employee + Spouse Employee + Children Family Option 1 Employee Employee + Spouse Employee + Children Family Option 2 Employee Employee + Spouse Employee + Children Family Option 3 Employee Employee + Spouse Employee + Children Family Current Monthly Premiums 660.63 1,420.36 1,268.42 1,981.90 Employer Monthly Cost (10%) 660.63 736.60 721.41 792 76 Employer Renewal Monthly Monthly Cost Premiums (25%) 681.29 1,464.77 1,308.08 2,043.87 Employee Monthly Cost 24 Pay Periods 0.00 683.76 547.01 1,189.14 0.00 341.88 273.51 594.57 Employee Monthly Cost 24 Pay Periods 681.29 0.00 877.16 587.61 837.99 470.09 1,021.94 1,021 94 Employer Monthly Cost (30.58%) (closest to flat Renewal Monthly $5,000/yr for Premiums family coverage) 681.29 1,464.77 1,308.08 2,043.87 681.29 979.01 872.96 1,097.97 Employer Renewal Monthly Monthly Cost Premiums (50%) 681.29 1,464.77 1,308.08 2,043.87 681.29 1,073.03 994.69 1,362.58 Page 1 of 2 0.00 293.81 235.05 510.97 Employee Monthly Cost 24 Pay Periods 0.00 485.76 435.12 945.90 Employee Monthly Cost 0.00 391.74 313.40 681.29 0.00 242.88 217.56 472.95 24 Pay Periods 0.00 195.87 156.70 340.65 Option 4 Employee Employee + Spouse Employee + Children Family Employer Renewal Monthly Monthly Cost Premiums (75%) 681.29 1,464.77 1,308.08 2,043.87 681.29 1,268.90 1,151.38 1,703.23 Employee Monthly Cost 24 Pay Periods 0.00 195.87 156.70 340.65 0.00 97.93 78.35 170.32 Recommendation Approve the flat rate of $5,000.00 per year per for employees utilizing Dependent Health Insurance Coverage. Average net salary for current Employees per Pay Period is $1,482 69. Using Renewal premiums; if an Employee desired family coverage that leaves them $1,009.73 each of the 24 pay periods or $2,019.46 monthly. Flat $5,000.00 per year Employee Employee + Spouse Employee + Children Family Employer Renewal Monthly Monthly Cost Employee Premiums (416.67/mth) Monthly Cost 24 Pay Periods 681.29 681.29 0.00 0.00 1,464.77 1,097.96 366.81 183.41 1,308.08 1,097.96 210.12 105.06 2,043.87 1,097.96 945.91 472.96 Budgetary Support for Recommendation: Annual Budget for 47 FTE employees Health 406,125.12 Dental 16,372.92 Vision Life EAP 10% Dependent Care for the three current participants Net Savings Flat $5,000.00 for the three current participants minus prior 10% contribution New Net Savings Employer Paid Disability 3,823.92 14,184.60 1,800.00 3,468.88 445,775.44 11,531.12 9,571.20 25,272.60 13,741.48 Final Net Savings 4,170.28 Page 2 of 2 Renewal Rates with no changes in coverage 384,247.56 16,480.08 3,823.92 11,318.40 1,164.00 3,468.88 420,502.84 Attachment #3 Leave And Accrual Proposals Years of Employment 1 Year to 5 Years 6 Years to 10 Years 11 Years to 15 Years 16 Years and over Current Accrual Policies Non -Union Employees Vacation Hours per pay Work Days Hours per period (hrs per per year year year/24 pay periods in a year) 10 15 18 80 120 144 3.33 5 6 20 160 6.67 Max Carry Over 160 240 288 Max Payout* 240 360 432 320 480 * Max payout is dependent upon when the individual leaves during the Fiscal Year. Under the current policy the max carry over is reviewed October 1st of each year. It is not a maximum accrual therefore an employee who has 320 hrs on 10/1 and takes no vacation the next year could have an accrual on 9/30/13 of 480. Union Employees Vacation Accruals Years of Employment Date of hire through 5th Anniversary Day after 5th Anniversary through 10th Anniversary Day after 10th Anniversary through 15th Anniversary Day after 15th Anniversary through 200 Anniversary Day after 20th Anniversary through 21St Anniversary Day after 21St Anniversary through 22nd Anniversary Day after 22"d Anniversary through 23rd Anniversary Day after 2314 Anniversary through 24th Anniversary Day after 24th Anniversary through end of service Work Days per Hours per Hours per year year pay period 10 15 18 20 21 22 23 24 25 All Employees Sick Leave Accrual = 8 hours/month (4 hrs/pay period) Max Accrual = 720 Max Payout = 50% of all unused sick leave up to a max of 400 hours (200 hours in pay) 80 120 144 160 168 176 184 192 200 3.33 5 6 6.67 7 7.33 7.67 8 8.33 Includes a sick leave incentive when employees use Tess than 16 hours between 12/1 & 11/30 of the next year, they can receive two additional Vacation Days or two days pay. For those who use less than 8 hours receive three additional Vacation Days or three days pay Also includes conversion of three days sick leave to three days personal leave provided a balance of 40 hours of sick leave is maintained. Page 1 of 2 Paid Time Off Recommendation Max Accrual = 480 Max payout = 480 Years of Employment Date of hire through 5th Anniversary Day after 5th Anniversary through 10th Anniversary Day after 10th Anniversary through 15th Anniversary Day after 15th Anniversary through 20th Anniversary Day after 20th Anniversary through 21St Anniversary Day after 21St Anniversary through 22"d Anniversary Day after 22"d Anniversary through 23rd Anniversary Day after 23rd Anniversary through 24th Anniversary Day after 24th Anniversary through end of service Work Days per Hours per year year 22 27 30 32 33 34 35 36 37 176 216 240 256 264 272 280 288 296 Hours per pay period 7.33 9 00 10.00 10.67 11.00 11.33 11.67 12.00 12.33 This proposal uses the current Union vacation accruals and sick time accruals of 8 hours per month. It redefines the maximum carryover to a maximum accrual. It eliminates the current policy of sick leave conversion of three (3) days sick time to personal time off. This proposal includes changing the sick leave incentive to a notice incentive to reward individuals who provide at least 72 hours written notice of proposed absences with three additional days of Paid Time Off or three days pay. The timing of this incentive would remain 12/1 through 11/30 the following year. Page 2of2