HomeMy WebLinkAboutcocc_council_mtg_packet_20190716CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
July 16, 2019
6:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda
item that is listed on the agenda for final official action by the City Council excluding public
hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g.
approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens
will limit their comments to three (3) minutes. The City Council will not take any action under the
"Public Participation" section of the agenda. The Council may schedule items not on the agenda
as regular items and act upon them in the future.
PRESENTATIONS/INTERVIEWS:
6:15 p.m. — 6: 25 p.m.
Presentation of Proclamation to members of the Brevard County Historical Commission,
commemorating City of Cape Canaveral Resolution No. 1969-30, commending the historical
Apollo 11 Moon Landing of July 20, 1969 and declaring June 21, 2019 through September 23,
2019 as The Summer of Space in the City of Cape Canaveral.
Presentation of Advanced Institute for Elected Municipal Officials Certificate of Completion to
Council Member Angela Raymond.
CONSENT AGENDA:
6: 25 p.m. 6: 30 p.m.
1. Approve Minutes for June 18, 2019 City Council Regular Meeting.
2. Resolution No. 2019-10; adopting a tentative proposed millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2019/2020 on all taxable property located within the City
of Cape Canaveral, Brevard County, Florida; providing for an effective date.
PUBLIC HEARING:
6:30p.m.—6:35p.m.
3. Ordinance No. 12-2019; providing for a referendum election and ballot language for an
election to be scheduled by the City Council; providing for an Economic Development Ad
City of Cape Canaveral, Florida
City Council Meeting
July 16, 2019
Page 2 of 2
Valorem Tax Exemption pursuant to Section 196.1995, Florida Statutes; providing for
coordination with the Supervisor of Elections; providing for severability and an effective
date, second reading.
ITEM FOR ACTION:
6: 35 p.m. — 6: 40 p.m.
4. Approve Final Design Proposed by Architects RZK, Inc. related to Phase I Redevelopment
of Canaveral City Park, including Canaveral City Park's Multi -Generational Facility
(MGF) and Request for Bids go forward.
REPORTS:
6: 40 p.m. — 6: 50 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In
accordance with the Americans with Disabilities Act: all interested parties may attend this Public
Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing
assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x207
or x206) 48 hours in advance of the meeting.
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 07/16/2019
PRESENTATIONS/INTERVIEWS
Subject: Presentation of Proclamation to members of the Brevard County Historical
Commission, commemorating City of Cape Canaveral Resolution No. 1969-30, commending
the historical Apollo 11 Moon Landing of July 20, 1969 and declaring June 21, 2019 through
September 23, 2019 as The Summer of Space in the City of Cape Canaveral.
Department: Community Services
Summary: Cape Canaveral has been the gateway to worlds beyond our own for more than half
a century. This year marks the 50th Anniversary of Apollo 11 and City of Cape Canaveral
Resolution No. 1969-30, adopted on August 19, 1969 and celebrating the efforts of all associated
with the spaceflight that landed astronauts Neil Armstrong, Buzz Aldrin and Michael Collins on
the Moon and returned them safely to the Earth.
With this in mind, the City of Cape Canaveral has celebrated this historic milestone and its
connection to the origin and future of space exploration at every possible opportunity throughout
2019, to include two Civic Scenery projects: the City's first commissioned mural and the
installation of Apollo themed designs on eight traffic control cabinets throughout the
community; the youth Summer Reading program at the Cape Canaveral Public Library; ten
weeks of space themed activities and engagement opportunities for our Summer Camp
participants, including a visit from Astronaut Winston Scott; community outreach and
engagement initiatives including the Moon landing photo booth in City Hall and at Founders'
Day; the addition of space themed components at City events and increased social media
coverage of launch activities and space history awareness; the development of a permanent
digital history exhibit for City Hall and a featured article in the Indian River Journal;the naming
of Rover's Space, the City's first off-leash dog area; sponsorship of a portion of the City's first
surf competition in which riders used vintage 1960s longboards and the continued efforts to
build meaningful relationships with the international communities of Kimotsuki, Japan and
Carnarvon, Australia, both of whom share our affiliations with the past and future of space
exploration.
Because the legacy of humanity's first steps on the Moon can hardly be celebrated in a single
day or event, the City of Cape Canaveral encourages residents to take pride in this heritage and
remember the sacrifices made by members of this community and others, in pursuit of this
achievement,throughout the Summer of 2019 and beyond. As a community that has evolved in
synchronization with the quest for space exploration, our efforts to celebrate this connection
should not and will not end with 2019. The 2019 Summer of Space has become such a wonderful
experience for the community and visitors, that the City is exploring a new annual tradition of
celebrating the Summer of Space from June 21'—September 23rd with continued programs and
amped up experiences for all ages!
Present tonight to accept the Proclamation is the City's Staff Historian and Cultural Programs
Manager, Molly Thomas, along with fellow members of the Brevard County Historical
Commission, including Henry Parrish and George Kistner.
Submitting Director: Joshua A. Surprenant Date: 7/8/19
City Council Meeting
Date: 07/16/2019
Presentations/Interviews
Page 2 of 2
Attachments:
1: Proclamation
2: City of Cape Canaveral Resolution No. 1969-30
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 7/8/19
The City Manager recommends that City Council take the following action:
Present this Proclamation to the Brevard County Historical Commission.
Approved by City Manager: David L. Greene Date: 7/8/19
Attachment 1
[CITY SEAL] OFFICIAL
PROCLAMATION
CITY OF
CAPE CANAVERAL, FLORIDA
WHEREAS,Cape Canaveral has been the gateway to worlds beyond our own
for more than half a century; and
WHEREAS, this year marks the 50t1 anniversary of Apollo 11 and the City
of Cape Canaveral's Resolution No. 1969-30, adopted on August 19, 1969,
celebrating the efforts of all associated with man's first landing on the Moon and
safe return to the Earth; and
WHEREAS, the City has celebrated its connection to the history of
Space Exploration as the focal point of all City events, youth programs and
Community outreach initiatives throughout 2019; and
WHEREAS, the City has implemented a series of cultural
programs commemorating this historical milestone, to include its first publicly
commissioned mural, space themed public art installations on traffic control
cabinets, a category for space themed artwork in the 20th Annual Student Art
Show, a digital history exhibit and several literary works authored by the City's
Poet Laureate, Timothy Bass; and
WHEREAS, the legacy of mankind's first steps on the Moon cannot
be summed up in a single day's event.
NOW, THEREFORE, I, Robert E. Hoog, Mayor of the City of
Cape Canaveral, Brevard County, Florida, do hereby proclaim June 21—
September 23,2019 as the
SUMMER OF SPACE
in the City of Cape Canaveral and do hereby encourage our residents to take pride
in this heritage and remember the sacrifices made by members of this Community
and others in pursuit of making an American astronaut the first to set foot on the
Moon.
Signed and Sealed this [blank] Day of [blank]
[blank] Mayor
Attachment 2
MICROFILMED
4-10-80
RESOLUTION NO. 69-30
RESOLUTION COMMENDING THE HISTORICAL
APOLLO 11 MOON LANDING AND THE THREE
ASTRONAUTS, NEIL ARMSTRONG, MIKE
COLLINS AND BUZZ ALDRIN.
WHEREAS, the City of Cape Canaveral, Florida, has been closely
associated with the Space Program by proximity, location, sympathy and
compassion, and
WHEREAS, most of the citizens of the City of Cape Canaveral,
Florida, are directly or indirectly, professionally or personally associated
with the Space Programs located at Kennedy Space Center and Cape Kennedy,
and
WHEREAS, the City Officials of the City of Cape Canaveral, Florida,
desire, as do all Americans, to acknowledge the historical event of man
landing on the moon by the Apollo 11 crew, Neil Armstrong, Mike Collins
and Buzz Aldrin,
NOW, THEREFORE be it resolved by the City of Cape Canaveral,
Florida, as follows:
SECTION 1: That the City of Cape Canaveral, Florida, does hereby
commend to the highest level the achievements of American Astronauts, Neil
Armstrong, Mike Collins and Buzz Aldrin on their landing the Apollo 11
space vehicle on the surface of the moon, and further, for being the first men
to walk on the moon, and
SECTION 2: The City of Cape Canaveral, Florida, as a measure
of its heart felt thanks to the said Astronauts, does hereby invite each and
all of them and their families to be a guest of the City.
SECTION 3: The effective date of this Resolution shall be upon the
adoption hereof.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
RES 69-30
PAGE 1 OF 2
MICROFILMED
4-10-80
this 19th day of August, 1969.
Mayor
ATTEST:
City Clerk
[embossed City seal]
Approved as to Form
City Attorney
PAGE 2 of 2
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 07/16/2019
PRESENTATIONS/INTERVIEWS
Subject: Presentation of Advanced Institute for Elected Municipal Officials Certificate of
Completion to Council Member Angela Raymond.
Department: Legislative
Summary: The Florida League of Cities and the John Scott Dailey Florida Institute of
Government have designed an intensive academic program called the Institute for Elected
Municipal Officials (IEMO). IEMO assists elected officials in effectively meeting the
requirements of their elected role and offers a comprehensive overview of Florida municipal
government.
Council Member Angela Raymond completed the initial IEMO program in June 2018 and
followed that up by attending the Advanced IEMO course in April 2019. Attendance at the
Advanced Institute is indicative of Ms. Raymond's continued commitment to improving the
quality of municipal government in Florida and thereby elevating the City of Cape Canaveral
City Council, and the community, as a whole.
On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of
Cities, Mayor Bob Hoog will present Council Member Raymond the Advanced IEMO
Certificate of Completion.
Submitting Department Director: Mia Goforth Date: 7/8/19
Attachment: FLC Letter and Certificate to Council Member Raymond.
Financial Impact: Staff time/effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 7/8/19
The City Manager recommends City Council take the following action:
Present the Advanced IEMO Certificate of Completion to Council Member Angela Raymond.
Approved by City Manager: David L. Greene Date: 7/8/19
[Florida League of Cities Logo]
135 East Colonial Drive•P.O.Box 538135.Orlando,FL 32853-8135-(407)425-9142•Fax(407)425-9378-www.floridaleagueofcities.com
June 13,2019
Councilmember Angela Raymond
City of Cape Canaveral
PO Box 326
Cape Canaveral, FL 32920-0326
The Honorable Councilmember Angela Raymond,
0n behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities, I am
pleased to award this certificate to you for the completion of the Advanced Institute for Elected Municipal
Officials in Tampa on April 12—13, 2019.
It is our sincere hope that you found the program and challenging and worthwhile.We encourage you
take advantage of other training opportunities through FLC University and the Institute of Government.
We also invite you to register for the next offering of IEMO III: The Leadership Challenge,when registra-
tion opens in the fall. You can find dates and locations for other trainings at:
www.floridaleagueofcities.com/university and www.iog.fsu.edu.
We strongly believe that your attendance at the Advanced Institute is indicative of your continued
commitment to improving the quality of municipal government in Florida. If we may be of assistance in
the future, please do not hesitate to call upon us.
Sincerely,
Lynn S.Tipton
Director, FLC University
Florida League of Cities
Enclosure
President Leo E.Longworth,Commissioner,Bartow
First Vice President Isaac Salver,Councilman,Bay Harbor Islands- Second Vice President Tony Ortiz,Commissioner,Orlando
Executive Director Michael Sittig-General Counsel Kraig Conn
Advanced Institute
for Elected Municipal Officials
Certificate of Completion
April 12-13, 2019 • Tampa, Florida
Awarded to
Councilmember Angela Raymond
City of Cape Canaveral
Sponsored by
Executive Director / Executive Director
Florida League of Cities Florida Institute of Government
Item No. 1 DRAFT
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral,Florida
TUESDAY
June 18,2019
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member Randels
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Mike Brown
Mayor Bob Hoog
Council Member Wes Morrison
Council Member Rocky Randels
Council Member Angela Raymond
Others Present:
City Attorney Anthony Garganese
City Clerk Mia Goforth
Community Development Director David Dickey
Community Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Culture and Leisure Services Director Gustavo Vergara
Human Resources/Risk Management Director Jane Ross
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Lieutenant Alan Confreda
Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham
PUBLIC PARTICIPATION: Logan Colangelo, representing the Get on Track Campaign,
requested support for the Cocoa Beach Kiwanis campaign to restore the Cocoa Beach Jr./Sr. High
School Minutemen Track. Mayor Hoog indicated the request would be reviewed.
Dennis Schultz, 561 Casa Bella Drive, Unit #305, made reference to an alleged class action suit
against the City regarding hotel projects. Community Development Director Dickey indicated he
was familiar with Mr. Schultz's concerns but unaware of any related lawsuits.
Attorney Kim Rezanka, Cantwell & Goldman, P.A., representing Wave Developments, LLC and
Mr. Oshri Gal, requested City Council direct the City Manager to advertise a public hearing for
Council to consider a Port-of-Call development project, referred to a series of documents handed
out to Council and provided the history of the proposed project. Mayor Hoog indicated the request
would be reviewed.
Patrick Campbell, 307 Surf Drive, pointed out items from The Weekly Update he wanted Council
to consider, including whether sending four Council Members to the same conference is cost-
effective and the need to keep the Code Enforcement Case List current and posted. Discussion
ensued and included the purpose for attending Conferences and other Florida League of Cities
DRAFT
City of Cape Canaveral,Florida
City Council Regular Meeting
June 18,2019
Page 2 of 4
events, including serving on various policy committees, attending ethics training and other classes
designed to help elected officials.
CONSENT AGENDA: Mayor Hoog inquired if the Item needed to be removed for discussion. It
was not removed.
1. Approve Minutes for May 21, 2019 City Council Regular Meeting.
A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Brown to
approve Item No. 1. The motion carried 5-0.
OLD BUSINESS:
2. Discuss opportunities to allow "Food Trucks" or any other Mobile Food Vendor in the
City limits of Cape Canaveral. (Council Member Morrison) (tabled on May 21, 2019): A motion
was made by Council Member Morrison to remove Item No. 2 from the table for discussion. The
motion died for lack of a second.
3. Discuss the addition of language to our ordinances in Section 2.05 which would give the
City Manager explicit authority to approve correspondence methods and times between selected
City Staff and the City Council. (Council Member Morrison) (Council voted to forgo discussion
on May 21, 2019 due to time.): Council Member Morrison explained the purpose of the Item.
Discussion ensued and included how any changes to Section 2.05 would require a vote of the
residents for approval because it is part of the City Charter. City Attorney Garganese explained
the purpose for Section 2.05, Council Members are part of a governing body that operates
collectively, the provision as it stands comes from model charter language used throughout the
United States and consequences for violation could include removal of a Member from office by
Council. Discussion continued and concluded with no action taken.
PUBLIC HEARINGS:
4. Ordinance No. 10-2019; amending the City Code regarding the payment of impact fees;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the
Code, severability and an effective date, second reading: City Attorney Garganese read the title
into the record.Discussion ensued and included possible reduction of fees for residential properties
and impact fees in construction loans as soft costs. The Public Hearing was opened. Patrick
Campbell, 307 Surf Drive, and Dennis Schultz, 561 Casa Bella Drive, Unit#305, both expressed
concerns. The Public Hearing was closed. Discussion continued regarding possible language to be
added to the Ordinance addressing refund processing and splitting fee payments up, advice
provided by City Attorney Garganese that inserting split fee payment language on the fly is
possible but the commencement refund issue is more complicated and cannot be done for this
Ordinance, drafting another ordinance to address the refund issue, consequences of not passing
Ordinance No. 10-2019 now and caution from Administrative/Financial Services Director DeLeo
on possible violation of the City fiscal policy should deferral of impact fees negatively affect City
reserves. A motion was made by Mayor Pro Tem Brown, seconded by Council Member
Raymond,for adoption of Ordinance No. 10-2019 as written, at second reading. The motion
carried 4-1 with Council Member Morrison voting against. Council reached consensus for
Staff to explore a revised impact fee policy to address commercial construction refunds and 50/50
split fees for residential projects.
DRAFT
City of Cape Canaveral,Florida
City Council Regular Meeting
June 18,2019
Page 3 of 4
5. Ordinance No. 11-2019; regarding Code Enforcement procedures; providing for a Special
Magistrate Code Enforcement process; updating the procedures related to the Criminal Nuisance
Abatement Board authorized by Section 8983.138, Florida Statutes; adopting conforming
amendments; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, second reading: City Attorney
Garganese read the title into the record, explained in detail how the Ordinance updates the Code
Enforcement Code, streamlines provisions based on statutory changes, case law and technical
changes included within the uncodified and codified portions of the Ordinance. Discussion ensued
and included a draft advertisement that would be published soliciting a special magistrate, which
is a provision of the International Property Maintenance Code Ordinance adopted by Council,
delay of the advertising notice due to pending outcome of Ordinance No. 11-2019, whether a
special magistrate should live in the City or not, estimated contract costs and rates of a special
magistrate, special magistrate hearings success rate in the City of Cocoa Beach, differences
between cases a special magistrate might hear as opposed to a Criminal Nuisance Abatement
Board. The Public Hearing was opened. Patrick Campbell, 307 Surf Drive, expressed opposition
to disbanding the Code Enforcement Board. The Public Hearing was closed. Discussion ensued
regarding support and opposition to the Item. A motion was made by Council Member Randels,
seconded by Council Member Raymond,to adopt Ordinance No. 11-2019 at second reading.
The motion carried 4-1,with Council Member Morrison voting against.
6. Ordinance No. 12-2019-, providing for a referendum election and ballot language for an
election to be scheduled by the City Council; providing for an Economic Development Ad
Valorem Tax Exemption pursuant to Section 196.1995, Florida Statutes; providing for
coordination with the Supervisor of Elections;providing for severability and an effective date,first
reading: City Attorney Garganese read the title into the record and explained the item. Discussion
ensued and included the current exemption of a company within the City, Brevard County tax
abatement program, Staff's offer to provide more data to Council and small businesses not offered
the same tax exemptions. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. A motion was made by Council Member Randels, seconded by Council
Member Raymond, to approve Ordinance No. 12-2019 at first reading. The motion carried
4-1,with Council Member Morrison voting against.
Mayor Hoog called a short recess at 7:51 PM. The Meeting resumed at 7:55 PM.
ITEMS FOR ACTION:
7. Review and Approve: the City Council 2019 Priorities, Projects, Initiatives and 5-Year
Capital Improvement Projects; City Council Strategic Planning Retreat Minutes of March 27,
2019; the Cape Canaveral Vision Statement, Mission Statement and Organizational Values; and
the following projects: Canaveral City Park Redevelopment/Multi-Generational Facility (MGF) -
$5 million; Cultural Arts Preservation Enrichment (CAPE) Center - $1.2 million; West
Central/Thurm Boulevard Streetscape - $2.87 million; Central Boulevard Streetscape - $1.2
million; Galactic Pocket Park(Cumberland Farms) - $30,000; Southgate (Wagner) Pocket Park-
$70,000; Long Point Estuary Park - $1.38 million; and Dog Park - $65,000; Intermediate Lift
Station - $355,000; WWTP SCADA System Improvements - $960,000; Rehab Lift Station No. 3
- $320,000; Replace Force Main No. 7 - $340,000; Effluent/Influent Disk/Drum Filters - $1.35
million; Construct Pump and SO2 Buildings-$1.225 million;Rehab Lift Station No. 8 - $380,000;
Relocate Lift Station No. 5 - $475,000; and Center Street Stormwater Park(Land purchase only)
DRAFT
City of Cape Canaveral,Florida
City Council Regular Meeting
June 18,2019
Page 4 of 4
-$295,000:Mayor Hoog explained the Item.Discussion ensued regarding progress made as a City,
large percentage of the people are happy,moving in the right direction,far ahead in resiliency and
sustainability, Dog Park completed at low cost, several projects help protect the Indian River
Lagoon, real value in the businesses, homes and investments being made, desire to not lose focus
on State Road A1A issues and for an additional law enforcement officer, priority for sidewalks
where it makes sense,praise for the City stormwater system, excitement over Multi-Generational
Facility project for youth in the surrounding area and whether certain portions of the Vision
Statement should be changed or not. A motion was made by Council Member Raymond,
seconded by Mayor Pro Tem Brown, to approve Item No. 7 as written. The motion carried
5-0.
8. City Council designate one (1) City Official to be the Voting Delegate at the 93rd Annual
Florida League of Cities Conference scheduled for August 15-17, 2019 in Orlando, Florida and
decide if it wishes to propose resolution(s)for the League's consideration: Mayor Hoog explained
the Item. A motion was made by Mayor Pro Tem Brown, seconded by Council Member
Randels, designating Council Member Raymond as the Voting Delegate at the Florida
League of Cities Conference. Council Member Raymond accepted and expressed her honor to
serve. The motion carried 5-0.
9. Ratify the Composite City Manager Performance Evaluation and discuss/determine how
to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement
between the City of Cape Canaveral and City Manager David L. Greene: Mayor Hoog explained
the Item, stated Council Member Morrison submitted his evaluation late and City Manager Greene
is not present to speak. Discussion ensued. A motion was made by Council Member Raymond,
seconded by Council Member Randels, to approve an increase in the City Manager base
salary by three percent based upon the Composite Performance Evaluation of the majority
of Council. The motion carried 4-1,with Council Member Morrison voting against.
REPORTS:
Community Services Director Surprenant encouraged Council Members to contact him, City
Manager Greene or Staff with questions related to City projects and timelines.
Mayor Pro Tem Brown thanked Staff, First Responders and expressed he is pleased with the
direction the City is going.
Council Member Raymond reported attendance at the Space Coast League of Cities and Florida
League of Cities events and training, various City-hosted events such as Hurricane Preparedness
Training, Rover's Space opening and Friday Fest and stated the City is moving in the right
direction.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:37 PM.
Mia Goforth, City Clerk, CMC Bob Hoog,Mayor
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 07/16/2019
Item No. 2
Subject: Resolution No. 2019-10; adopting a tentative proposed millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2019/2020 on all taxable property located within the City of
Cape Canaveral, Brevard County, Florida; providing for an effective date.
Department: Financial Services
Summary: Adopt a tentative proposed millage rate of 3.7359 mills for Fiscal Year 2019/2020,
which represents a rate below the rolled back rate. It includes two segments:
General Government Millage 3.6800 mills
Library Dependent Special District 0.0559 mills
Per"Truth in Millage Compliance", the highest intended millage rate must be proposed at this
meeting and Ad Valorem Tax Rates can be lowered from the initial rate proposed. However,
the tax rate cannot be increased after this meeting.
There will be two more meetings concerning the Ad Valorem Tax rate to be implemented for
the City's Fiscal Year 2019/2020. They were scheduled on November 20, 2018, by the City
Council:
1. September 3, 2019: a Tentative Millage rate will be established.
2. September 17, 2019: a Final Millage rate will be established.
Submitting Department Director: John DeLeo Date: 7/3/19
Attachment: Resolution No. 2019-10
Financial Impact:
The tentative proposed millage rate of 3.7359 provides a property tax revenue stream of
$4,638,516. These revenues are represented in the Proposed Fiscal Year 2019/2020 Budget at
a 95%receipt rate and allow for a balanced budget.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 7/2/19
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2019-10.
Approved by City Manager: David L. Greene Date: 7/2/19
RESOLUTION NO. 2019-10
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, ADOPTING A
TENTATIVE PROPOSED MILLAGE RATE FOR THE
LEVY OF AD VALOREM TAXES FOR FISCAL YEAR
2019/2020 ON ALL TAXABLE PROPERTY LOCATED
WITHIN THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved
millage rate; and
WHEREAS,Florida Statute 200.065 expressly provides no millage shall be levied until a
resolution or ordinance has been approved by the governing board of the taxing authority and upon
preparation of a tentative budget,but prior to adoption thereof, each taxing authority shall compute
a tentative proposed millage rate necessary to fund the tentative budget other than the portion of
the budget to be funded from sources other than ad valorem taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Section 1. The total millage for all City operating purposes is 3.7359 mills on the dollar
of taxable value for the 2019/2020 Fiscal Year for the City of Cape Canaveral, Florida. This
millage represents a rate below the previous year's rate and a .37% decrease below the roll-back
rate of 3.7495.
Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative proposed millage rate of 3.6800 mills for General Government Millage. This
tentative proposed Ad Valorem Tax shall be levied upon the 2019 Tax Assessment Roll for Ad
Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used
for the City's Fiscal Year beginning October 1, 2019 and ending September 30, 2020.
City of Cape Canaveral,Florida
Resolution No.2019-10
Page 1
Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative proposed millage rate of 0.0559 mills for the Library Dependent Special
District, as approved in the 1985 referendum election. This tentative proposed Ad Valorem Tax
shall be levied upon the 2019 Tax Assessment Roll for Ad Valorem Tax on all taxable property
located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning
October 1, 2019 and ending September 30, 2020.
Section 4. This Resolution shall become effective immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida,
this 16th day of July 2019.
Bob Hoog,Mayor
ATTEST:
Name For Against
Mia Goforth, CMC Mike Brown
City Clerk
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
Approved as to Form:
Anthony A. Garganese, City Attorney
City of Cape Canaveral,Florida
Resolution No.2019-10
Page 2
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 07/16/2019
Item No. 3
Subject: Ordinance No. 12-2019; providing for a referendum election and ballot language for
an election to be scheduled by the City Council; providing for an Economic Development Ad
Valorem Tax Exemption pursuant to Section 196.1995, Florida Statutes; providing for
coordination with the Supervisor of Elections; providing for severability and an effective date,
second reading.
Department: Economic Development
Summary: The City of Cape Canaveral Economic Development Ad Valorem Tax (AVT)
Exemption Program was created in November 2009 in accordance with Florida Statues Section
196.1995, which requires approval by Referendum.
The Program is an Economic Development tool which incentivizes companies to invest in the
City of Cape Canaveral by locating and/or expanding their businesses here and creating local
jobs. The City Council grants AVT Exemptions on a case-by-case basis to qualified companies.
The Program authorizes an Exemption of all or a portion of the local AVT collection for up to
ten years. The Exemption only applies to Ad Valorem taxes levied by the City of Cape
Canaveral. Brevard County additionally offers an AVT Exemption Program which was
extended in 2014 by the County Electorate; frequently companies apply for both City and
County AVT Exemptions. When combined, the joint Exemptions can be used to comprise the
20% match required under the State of Florida's Qualified Target Industry Economic Incentive
Program.
The City of Cape Canaveral AVT Exemption Program expires this November (10 years after
initial approval) if not approved for extension. An extension of the Program must also be
approved by Referendum. Section 196.1995(7) Florida Statues provides:
The authority to grant exemptions under this section expires 10 years after the
date such authority was approved in an election, but such authority may be
renewed for subsequent 10-year periods if each 10-year renewal is approved in
a referendum called and held pursuant to this section.
Ordinance No. 12-2019 (Attachment 1)provides for a Referendum Election and ballot language
extending the City's Economic Development AVT Exemption Program. Staff recommends the
City retain this important Economic Development tool and place the Extension of the City of
Cape Canaveral's AVT Exemption Program on the 2019 ballot.
At its June 2, 2009 meeting, City Council adopted Ordinance No. 06-2009 (Attachment 2),
which brought the initial City AVT Exemption Program to the voters. By majority vote, the
Electorate of the City of Cape Canaveral voted to approve the item as part of the November 3,
2009 Election. At its November 18, 2009 meeting, City Council adopted Resolution No. 2009-
44 (Attachment 3), formally creating a procedure for administration of the AVT Exemption
Program. The intent and purpose in enacting the Resolution was to facilitate and foster the
following:
City Council Meeting
Date: 07/16/2019
Item No. 3
Page 2 of 3
A)The provision of an incentive to those new or expanded businesses which make a positive
contribution to the economy of the City of Cape Canaveral in terms of new jobs and
improvements to real and personal property;
B) Promotion of economy by creating jobs in the City of Cape Canaveral in such a manner
so as to not disadvantage existing businesses while recognizing that productive
competition assists economic growth;
C) Enhancement of the quality of life for the residents of the City of Cape Canaveral by
attracting new businesses or fostering expansion of existing businesses;
D) The provision of incentives to certain eligible businesses (as defined by Florida Statutes)
of diverse industries having a positive impact on the economy of the City of Cape
Canaveral.
E) Promotion of the public purpose of enhancing economic growth in the City of Cape
Canaveral so as to benefit the City's corporate and residential citizens;
F)The provision of a rational,non-arbitrary,non-discriminatory basis by which the Council
may grant or deny economic development Ad Valorem tax exemptions, pursuant to the
economic development goals of the City of Cape Canaveral; and
G) The granting of economic development Ad Valorem tax exemptions in accordance with
the factors and requirements of this resolution and any other factors which could result
in economic growth within the City of Cape Canaveral.
Since 2009, AVT Exemptions have been sought by and granted to two companies:
1. Oxysonix was granted an AVT Exemption via Ordinance No. 12-2012. However, the
company opted to not locate in the City of Cape Canaveral, and
2. Comprehensive Health Services, Inc. (CHSi) was granted an AVT Exemption via
Ordinance No. 05-2016. The company previously had 250 employees within the City
and is required to employ at least 150 additional new employees in the City by December
31, 2019. CHSi has completed the (approximately) $4M in building renovations at 8600
Astronaut Blvd. and the company is operational in the City. Upon City verification of
job generation and capital investment goals, the property will become eligible for the
first full year of AVT Exemption when the Brevard County Property Appraiser publishes
the new, appraised valuation of the property. Because this has not yet occurred,no AVT
Exemption dollars have been realized by CHSi.
Not to be confused with AVT Exemptions, the following companies sought Qualified Target
Industry (QTI) matching grant fund Economic Development incentives from the City of Cape
Canaveral.
• Project Rocket(approved via Resolution No. 2010-36).
• L3 IEC (approved via Resolution No. 2012-27).
• Stark Armor(Resolution No. 2012-01). Staff also later prepared an AVT Exemption for
Stark Armor via Ordinance No. 03-2012. No action was taken.
City Council Meeting
Date: 07/16/2019
Item No. 3
Page 3 of 3
These three companies opted to not locate in the City of Cape Canaveral. This underscores the
competitive nature of Economic Development incentives. Many cities offer Economic
Development incentives;if a city does not,that city often will not be considered by site selectors.
Staff conducted a survey of Brevard County municipalities about AVT Exemption Programs
(Attachment 3). Eleven (11) municipalities responded. Of those, five (5) have a current AVT
Exemption Program and at least 4 of them intend to seek an extension of the Program when it
expires.
If the Electorate approves the extension of the AVT Exemption Program, Staff will update
Resolution No. 2009-44, readopting procedures for administration of the Program at the
November 19, 2019 City Council meeting. If the Electorate does not approve the extension of
the AVT Exemption Program, there can be no new approvals and the existing granted AVT
Exemption for CHSi will remain in place for the duration of the City's Agreement with CHSi.
The Brevard County Supervisor of Elections Office deadline for all municipal referendums
appearing on the 2019 November ballot is 5:00 p.m. on August 19, 2019.
At its June 18,2019 Regular meeting,the Council approved Ordinance No. 12-2019, 4-1 at first
reading. Notice of Public Hearing was advertised in Florida Today on June 27, 2019.
Submitting Department Director: Todd Morley Date: 7/3/19
Attachments:
1. Ordinance No. 12-2019
2. Ordinance No. 06-2009
3. Resolution No. 2009-44
4. Survey of Brevard County Municipalities
Financial Impact: Potential foregone Ad Valorem Tax revenue from companies receiving an
AVT Exemption; Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 7/2/19
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 12-2019, on second reading.
Approved by City Manager: David L. Greene Date: 7/2/19
Attachment 1
1 ORDINANCE NO. 12-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
4 CAPE CANAVERAL, BREVARD COUNTY FLORIDA; PROVIDING
5 FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE
6 FOR AN ELECTION TO BE SCHEDULED BY THE CITY
7 COUNCIL; PROVIDING FOR AN ECONOMIC DEVELOPMENT
8 AD VALOREM TAX EXEMPTION PURSUANT TO SECTION
9 196.1995, FLORIDA STATUTES; PROVIDING FOR
10 COORDINATION WITH THE SUPERVISOR OF ELECTIONS;
11 PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE
12
13 WHEREAS, the City is granted the authority under Section 2(b), Article VIII of the
14 State Constitution to exercise any power for municipal purposes except when expressly
15 prohibited by law; and
16
17 WHEREAS, section 196.1995, Florida Statutes, authorizes, upon approval by the
18 municipal electorate in a referendum, a municipality to grant Ad Valorem tax exemptions to new
19 businesses and expanding existing businesses; and
20
21 WHEREAS, the City Council desires to expand the commercial and industrial tax base
22 of the City of Cape Canaveral by attracting new businesses and expanding existing businesses
23 within the City of Cape Canaveral; and
24
25 WHEREAS, the City Council desires to continue to promote and enhance the economic
26 climate within the City of Cape Canaveral by making it financially attractive and by creating
27 additional local jobs through Ad Valorem tax incentives for new businesses to locate in the City
28 and for existing businesses in the City to expand; and
29
30 WHEREAS, the City Council has determined that it could assist and improve the long-
31 term economic climate of the City, and promote the public interest, health, safety and welfare of
32 the citizens of the City of Cape Canaveral, to propose to the electorate that the City Council be
33 authorized to grant property tax exemptions to new businesses and expansions of existing
34 businesses pursuant to Section 3, Article VII of the State Constitution and section 196.1995,
35 Florida Statutes; and
36
37 WHEREAS, the City Council recognizes that if the electorate of Cape Canaveral grants
38 the authority requested hereunder, Ad Valorem tax exemptions can only be approved on a case-
39 by-case basis under the criteria specifically established under Florida law; and
40
41 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
42 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
43 Cape Canaveral.
44
45 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
46 CANAVERAL HEREBY ORDAINS,AS FOLLOWS:
City of Cape Canaveral
Ordinance No. 12-2019
Page 1 of 3
1 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
2 reference as legislative findings and the intent and purpose of the City Council of the City of
3 Cape Canaveral.
4
5 Section 2. Referendum Election. A referendum election is hereby called and shall be
6 scheduled to be held by the City Council of the City of Cape Canaveral to determine whether the
7 ballot question appearing in Section 3 herein shall be approved by a majority of the votes cast in
8 such election in which qualified electors residing in the City shall participate. Such referendum
9 election shall be held and conducted in the manner prescribed by law for all elections. The date
10 of the election shall be November 5, 2019, unless the City Council directs that the election occur
11 sooner. The places for voting in such referendum election shall be established for the election
12 when the election is scheduled by the City Council. All duly qualified electors of the City of
13 Cape Canaveral shall be entitled to participate in said election. The date and method of voting of
14 the election shall be coordinated by the City Clerk with the Supervisor of Elections of Brevard
15 County.
16
17 Section 3. Economic Development Ad Valorem Tax Exemption.
18
19 (a)Purpose of question. It is proposed that the City of Cape Canaveral, Florida, be authorized to
20 grant Economic Development Ad Valorem Tax Exemptions pursuant to section 196.1995,
21 Florida Statutes, which provides that a municipality may call a referendum within its jurisdiction
22 to determine whether the electorate in that jurisdiction will authorize that municipality to grant
23 such exemptions under Section 3, Article VII of the State Constitution. Upon a majority vote in
24 favor of such authority, the City may exempt, at its discretion and by Ordinance, from Ad
25 Valorem taxation up to one-hundred percent(100%) of the assessed value of all improvements to
26 real property made by or for the use of a new business, or up to one-hundred percent (100%) of
27 the assessed value of all added improvements to real property made to facilitate the expansion of
28 an existing business and of the net increase in all tangible personal property acquired to facilitate
29 such expansion of an existing business, provided that the improvements to real property are
30 made or the tangible personal property is added or increased on or after the day the Ordinance is
31 adopted.
32
33 (b) Ballot question. Concurrent with the election, when scheduled, the following question shall
34 be placed on the ballot. The caption and questions shall be worded substantially as follows:
35
36
37
38 ECONOMIC DEVELOPMENT AD VALOREM
39 TAX EXEMPTION
40
41 Shall the City Council of the City of Cape Canaveral be authorized to grant,
42 pursuant to Section 3, Article VII of the State Constitution, property tax
43 exemptions to new businesses and expansions of existing businesses that are
44 expected to create new, full-time jobs in the City?
45
46 YES For authority to grant exemptions.
47
City of Cape Canaveral
Ordinance No. 12-2019
Page 2 of 3
1 NO Against authority to grant exemptions.
2
3 Section 4. Coordination with Supervisor of Elections. To the extent necessary, the City
4 Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of
5 Elections of Brevard County to include the above-described referendum question on the ballot
6 concurrent with the election.
7
8 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
9 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
10 competent jurisdiction, whether for substantive, procedural or any other reason, such portion
11 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
12 the validity of the remaining portions of this Ordinance.
13
14 Section 6. Effective Date. This Ordinance shall become effective immediately upon
15 adoption by the City Council of the City of Cape Canaveral, Florida; however, the ballot
16 proposal in Section 3 shall only become effective if a majority of the registered electors of the
17 City of Cape Canaveral, Florida who vote in the election to be held as scheduled by the City
18 Council approve the ballot question set forth in Section 3 of this Ordinance.
19
20 ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
21 meeting assembled on the 16th day of July, 2019.
22
23
24
25 Bob Hoog,Mayor
26
27 ATTEST: For Against
28
29 Mike Brown
30
31 Mia Goforth, CMC Robert Hoog
32 City Clerk
33 Wes Morrison
34
35 Rocky Randels
36
37 Angela Raymond
38 First Reading: June 18, 2019
39 Advertisement: June 27, 2019
40 Second Reading: July 16, 2019
41
42
43 Approved as to legal form and sufficiency
44 for the City of Cape Canaveral only by:
45
46
47 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 12-2019
Page 3 of 3
Attachment 2
CORDINANCE NO. 06-2009
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY
FLORIDA; PROVIDING FOR A REFERENDUM
ELECTION AND BALLOT LANGUAGE FOR AN
ELECTION TO BE SCHEDULED BY THE CITY
COUNCIL; PROVIDING FOR AN ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTION
PURSUANT TO SECTION 196.1995, FLORIDA
STATUTES; PROVIDING FOR COORDINATION
WITH THE SUPERVISOR OF ELECTIONS;
PROVIDING FOR 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, section 196.1995, Florida Statutes, authorizes, upon approval by the municipal
electorate in a referendum, a municipality to grant ad valorem tax exemptions to new businesses and
expanding existing businesses; and
WHEREAS, the City Council desires to expand the commercial and industrial tax base of the
City of Cape Canaveral by attracting new businesses and expanding existing businesses within the City
of Cape Canaveral; and
WHEREAS, the City Council desires to continue to promote and enhance the economic climate
within the City of Cape Canaveral by making it financially attractive and by creating additional local
jobs through ad valorem tax incentives for new businesses to locate in the City and for existing
businesses in the City to expand; and
WHEREAS, the City Council has determined that it could assist and improve the long term
economic climate of the City, and promote the public interest, health, safety, and welfare of the citizens
of the City of Cape Canaveral, to propose to the electorate that the City Council be authorized to grant
property tax exemptions to new businesses and expansions of existing businesses pursuant to Section 3,
Article VII of the State Constitution and section 196.1995, Florida Statutes; and
WHEREAS, the City Council recognizes that if the electorate of Cape Canaveral grants the
authority requested hereunder, ad valorem tax exemptions can only be approved on a case-by-case basis
under the criteria specifically established under Florida law; 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.
City of Cape Canaveral
Ordinance 06-2009
Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
HEREBY ORDAINS, 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. Referendum Election. A referendum election is hereby called and shall be scheduled to
be held by the City Council of the City of Cape Canaveral to determine whether the ballot question
appearing in Section 3. herein shall be approved by a majority of the votes cast in such election in which
qualified electors residing in the City shall participate. Such referendum election shall be held and
conducted in the manner prescribed by law for all elections. The date of the election shall be November
3, 2009, unless the City Council directs that the election occur sooner. The places for voting in such
referendum election shall be established for the election when the election is scheduled by the City
Council. All duly qualified electors of the City of Cape Canaveral shall be entitled to participate in said
election. The date and method of voting of the election shall be coordinated by the City Clerk with the
Supervisor of Elections of Brevard County.
Section 3. Economic Development Ad Valorem Tax Exemption.
(a) Purpose of question. It is proposed that the City of Cape Canaveral, Florida, be authorized to grant
economic development ad valorem tax exemptions pursuant to section 196.1995, Florida Statutes, which
provides that a municipality may call a referendum within its jurisdiction to determine whether the
electorate in that jurisdiction will authorize that municipality to grant such exemptions under Section 3,
Article VII of the State Constitution. Upon a majority vote in favor of such authority, the City may
exempt, at its discretion and by ordinance, from ad valorem taxation up to one hundred percent (100%)
of the assessed value of all improvements to real property made by or for the use of a new business, or
up to one hundred percent (100%) of the assessed value of all added improvements to real property
made to facilitate the expansion of an existing business and of the net increase in all tangible personal
property acquired to facilitate such expansion of an existing business, provided that the improvements to
real property are made or the tangible personal property is added or increased on or after the day the
ordinance is adopted.
(b) Ballot question. Concurrent with the election, when scheduled, the following question shall be
placed on the ballot. The caption and questions shall be worded substantially as follows:
ECONOMIC DEVELOPMENT AD VALOREM
TAX EXEMPTION
Shall the City Council of the City of Cape Canaveral be authorized to grant, pursuant to s.
3, Art VII of the State Constitution, property tax exemptions to new businesses and
expansions of existing businesses?
YES For authority to grant exemptions.
NO Against authority to grant exemptions.
City of Cape Canaveral
Ordinance 06-2009
Page 2 of 3
Section 4. Coordination with Supervisor of Elections. To the extent necessary, the City Clerk is
hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard
County to include the above-described referendum question on the ballot concurrent with the election.
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; however, the ballot proposal in Section 3. shall
only become effective if a majority of the registered electors of the City of Cape Canaveral, Florida who
vote in the election to be held as scheduled by the City Council approve the ballot question set forth in
Section 3. of this Ordinance.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting
assembled on the 2nd day of June, 2009.
Rocky Randels, Mayor
ATTEST:
For Against
Bob Hoog second
Susan Stills, City Clerk Buzz Petsos motion
Rocky Randels X
Approved as to legal form and sufficiency for C. Shannon Roberts X
the City of Cape Canaveral only: Betty Walsh X
ANTHONY A. GARGANESE, City Attorney
First Reading: 05-19-2009
Second Reading: 06-02-2019
Publishing Date: 05-23-2009
City of Cape Canaveral
Ordinance 06-2009
Page 3 of 3
SEP-09-2010 15:38 Frorn:SUPERVISOR ELECTIONS 3212646741 To:3218681248 P.2/11
Official
CERTIFICATE OF COUNTY CANVASSING BOARD
STATE OF FLORIDA COUNTY OF BREVARD
We, the undersigned, Rhonda Babb, County Court Judge, Lori Scott, Supervisor of
Elections, and Trudie Infantini, Member of the Board of County Commissioners, constituting the
Board of County Canvassers in and for said County, do hereby certify that we met on the 3rd day
of November, A.D., 2009, and proceeded publicly to canvass the votes given for the CITY OF
CAPE CANAVERAL GENERAL ELECTION held on the 3rd day of November, A.D., 2009 as
shown by the retums on file in the office of the Supervisor of Elections. We do hereby certify from
said returns as follows:
For Economic Development Ad Valorem Tax Exemption the whole number of votes cast
was 688 of which number
YES (For authority to grant exemptions) received 388 votes
NO(Against authority to grant exemptions) received 300 votes
COUNTY COURT JUDGE
SUPERVISOR OF ELECTIONS
(SEAL)
MEMBER, BOARD OF COUNTY COMMISSIONERS
Attachment 3
RESOLUTION NO. 2009-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL,FLORIDA; PROVIDING A GENERAL
PROCEDURE FOR GRANTING ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTIONS IN
FURTHERANCE OF THE AUTHORITY GRANTED TO THE
CITY COUNCIL BY THE CITIZENS OF CAPE CANAVERAL
THROUGH THE SUCCESSFUL PASSAGE OF A DULY HELD
REFERENDUM ON NOVEMBER 3,2009; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Pursuant to Section 3, Article VII of the Florida Constitution, a duly
authorized referendum ballot was held on November 3, 2009 whereby the citizens of Cape
Canaveral,by majority vote,authorized the City Council of the City of Cape Canaveral to consider
granting economic development ad valorem tax exemptions to new businesses and expansions of
existing businesses; and
WHEREAS, the City Council desires to utilize the authority to offer and grant such
property tax exemptions for purposes of supporting economic growth within the City by providing
an incentive for employment opportunities that will lead to the improvement of the quality of life
of the residents of Cape Canaveral and the positive expansion of the local economy; and
WHEREAS, in furtherance of this purpose, the City Council desires to offer economic
development ad valorem tax exemptions to new businesses relocating to the City of Cape
Canaveral and to expansions of businesses already situated in the City of Cape Canaveral; and
WHEREAS, the City Council finds it is in the best interests of the public health, safety,
and welfare to offer and grant economic development ad valorem tax exemptions in accordance
with the requirements and procedures contained in this resolution.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Short title. This resolution shall be known as the "Economic Development Ad
Valorem Tax Exemption Resolution of the City of Cape Canaveral, Florida."
Section 2. Authority. The City Council is authorized and empowered to enact this resolution
pursuant to Article VII,Section 3,of the Constitution of the State of Florida and Section 196.1995,
Florida Statutes. In a referendum duly held on November 3, 2009, the electorate of the City of
City of Cape Canaveral
Resolution No.2009-44
Page 1 of 9
Cape Canaveral authorized the City Council to grant economic development ad valorem tax
exemptions.
Section 3. Intent and purpose. It is the intent and purpose of the City Council of the City of
Cape Canaveral ("Council") in enacting this resolution to facilitate and foster the following:
(A) The provision of an incentive to those new or expanded businesses which make a
positive contribution to the economy of the City of Cape Canaveral in terms of new jobs
and improvements to real and personal property;
(B) Promotion of economy by creating jobs in the City of Cape Canaveral in such a
manner so as to not disadvantage existing businesses while recognizing that productive
competition assists economic growth;
(C) Enhancement of the quality of life for the residents of the City of Cape Canaveral
by attracting new businesses or fostering expansion of existing businesses;
(D) The provision of incentives to certain eligible businesses(as defined by the Florida
Statutes)of diverse industries having a positive impact on the economy of the City of Cape
Canaveral.
(E) Promotion of the public purpose of enhancing economic growth in the City of Cape
Canaveral so as to benefit the City's corporate and residential citizens;
(F) The provision of a rational, nonarbitrary, nondiscriminatory basis by which the
Council may grant or deny economic development ad valorem tax exemptions, pursuant
to the economic development goals of the City of Cape Canaveral; and
(G) The granting of economic development ad valorem tax exemptions in accordance
with the factors and requirements of this resolution and any other factors which could
result in economic growth within the City of Cape Canaveral.
Section 4. Discretion of Council. The Council shall have the sole and absolute authority and
discretion,as provided by law,to grant or deny economic development ad valorem tax exemptions
under this Resolution.
Section 5. Eligible businesses. Only the following businesses,as defined by Section 196.012,
Florida Statutes,or any amendments thereto,are eligible for an economic development ad valorem
tax exemption under this Resolution:
(A) New businesses, which shall mean:
City of Cape Canaveral
Resolution 2009-44
Page 2 of 9
(1) A business establishing 10 or more jobs to employ 10 or more full-time
employees in the City of Cape Canaveral, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal property at
a fixed location and which comprises an industrial or manufacturing plant;
(2) A business establishing 25 or more jobs to employ 25 or more full-time
employees in the City of Cape Canaveral, the sales factor of which, as defined by
section 220.15(5),Florida Statutes,for the facility with respect to which it requests
an economic development ad valorem tax exemption is less than 0.50 for each year
the exemption is claimed; or
(3) An office space in the City of Cape Canaveral owned and used by a
corporation newly domiciled in the City of Cape Canaveral; provided such office
space houses 50 or more full-time employees of such corporation;
PROVIDED that such business or office first begins operation on a site clearly
separate from any other commercial or industrial operation owned by the same
business.
(4) Any business located in an enterprise zone or brownfield area that first
begins operation on a site clearly separate from any other commercial or industrial
operation owned by the same business.
(5) A business that is situated on property annexed into the City of Cape
Canaveral and that, at the time of the annexation, is receiving an economic
development ad valorem tax exemption from Brevard County under section
196.1995, Florida Statutes.
(B) Expansion of an existing business, which shall mean:
(1) A business establishing 10 or more jobs to employ 10 or more full-time
employees in the City of Cape Canaveral, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal property at
a fixed location and which comprises an industrial or manufacturing plant; or
(2) A business establishing 25 or more jobs to employ 25 or more full-time
employees in the City of Cape Canaveral, the sales factor of which, as defined by
section 220.15(5),Florida Statutes, for the facility with respect to which it requests
an economic development ad valorem tax exemption is less than 0.50 for each year
the exemption is claimed;
PROVIDED that such business increases operations on a site collocated with a
City of Cape Canaveral
Resolution 2009-44
Page 3 of 9
commercial or industrial operation owned by the same business, resulting in a net
increase in employment of not less than 10 percent or an increase in productive
output of not less than 10 percent.
(3) Any business located in an enterprise zone or brownfield area that increases
operations on a site collocated with a commercial or industrial operation owned by
the same business.
Section 6. Definitions. The following words or phrases shall have the meanings ascribed to
them, unless the context clearly indicates otherwise:
(A) Applicant shall mean any person, firm,partnership, corporation, or other business
entity or organization who files an application with the Council seeking an economic
development ad valorem tax exemption.
(B) Council shall mean the City Council of the City of Cape Canaveral, Florida.
(C) Enterprise zone shall mean an area designated as an enterprise zone pursuant to
section 290.0065, Florida Statutes.
(D) Improvements shall mean physical changes made to raw land,and structures placed
on or under the land surface.
(E) Sales factor shall generally mean a fraction of which the numerator is the total sales
of the taxpayer in the City of Cape Canaveral during the taxable year or period and the
denominator is the total sales of the taxpayer everywhere during the taxable year or period,
pursuant to section 220.15(5), Florida Statutes.
Section 7. Exemption established.
(A) Established. There is hereby established an economic development ad valorem tax
exemption. The exemption is a local, optional tax incentive for new and expanding
businesses which may be granted or denied at the sole discretion of the Council.
(B) Effective date. The exemptions shall not accrue to improvements to real property
made by or for the use of new or expanding businesses when such improvements have
been on the tax rolls prior to the effective date of this resolution or when such
improvements have been made or have commenced being made prior to the effective date
of this resolution.
(C) Maximum exemption. The Council, at its discretion,may exempt from ad valorem
taxation up to one hundred percent (100%) of the assessed value of all improvements to
City of Cape Canaveral
Resolution 2009-44
Page 4 of 9
real property made by or for the use of a new business of all tangible personal property of
such new business,or up to one hundred percent(100%)of the assessed value of all added
improvements to real property made to facilitate the expansion of an existing business and
of the net increase in all tangible personal property acquired to facilitate such expansion
of an existing business.
(D) Replacement of property. Property acquired to replace existing property shall not
be considered to facilitate a business expansion and therefore, such replacement property
shall not be exempt from ad valorem taxation.
(E) Time period. Any such exemption granted under this resolution shall remain in
effect for up to ten (10) years from the date of adoption of the ordinance granting the
exemption. The time period of the exemption shall be determined at the sole discretion of
the Council, and nothing herein shall be construed as requiring the Council to grant an
exemption for the ten (10) year maximum time period.
(F) Land not exempt. No ad valorem tax exemption shall be granted for the land upon
which new or expanded businesses are to be located. The sole intent of this resolution
being to exempt from ad valorem taxation only certain improvements to real property and
tangible personal property of new or expanded businesses.
(G) Applicable taxes. The exemption shall apply only to taxes levied by the City of
Cape Canaveral. The exemption shall not apply to taxes levied by the United States,
Brevard County, school district,water management district or any other taxing district,or
to taxes levied for the payment of bonds.
(H) Granted by ordinance. Any exemption granted under this resolution shall be by a
duly adopted ordinance of the Council.
Section 8. Application. Any applicant desiring an economic development ad valorem tax
exemption shall, in the year the exemption is desired to take effect, file with the City Council, or
its designee,Form DR-418 prescribed by the Florida Department of Revenue, or any amendment
or replacements thereto("Application"). The Application shall request that the Council adopt an
ordinance granting the applicant an exemption pursuant to this resolution and shall include the
following information:
(A) The name and location of the new business or the expansion of an existing
business;
(B) A description of the improvements to real property for which an exemption is
requested and the date of commencement of construction of such improvements;
City of Cape Canaveral
Resolution 2009-44
Page 5 of 9
(C) A description of the tangible personal property for which an exemption is requested
and the dates when such property was or is to be purchased;
(D) Proof, to the satisfaction of the Council, that the applicant is a new business or an
expansion of an existing business, as defined in Section 5 of this resolution.
(E) The following information:
(1) The anticipated number of employees of the business;
(2) The expected numbers of employees of the business who will reside in the
City of Cape Canaveral;
(3) The average wage of the employees of the business;
(4) The type of industry or business;
(5) The environmental impact of the business;
(6) The anticipated volume of business or production;
(7) Whether relocation or expansion of the business would occur without the
exemption;
(8) Whether the business is/or will be located within an enterprise zone or
redevelopment area;
(9) The cost and demand for services or product produced by the business;
(10) The source of supplies of the business and whether other businesses in the
City will be used to meet the supply demands of the business.
Section 9. Application Process. Upon receipt of an application for economic development
ad valorem tax exemption, the application shall be reviewed in the following manner:
(A) Pre-screening. The Planning&Development Director shall review the application
within ten (10) days of submission to determine whether the application has satisfied all
the requirements of Section 8 herein.
(B) Preliminary analysis. The Planning & Development Director shall prepare, in
writing, a recommendation of the applicant's eligibility for an exemption and prepare an
economic impact analysis of the application. The analysis shall include a brief study on
City of Cape Canaveral
Resolution 2009-44
Page 6 of 9
the number of jobs created, wage rates, and capital investment. The recommendation and
analysis shall be forwarded to the City Manager immediately upon completion.
(C) City Manager Review. The City Manager shall review the application and the
Planning & Development Director's recommendation and analysis to determine whether
the applicant is eligible for an exemption and shall recommend to the Council approval or
denial of the application (with or without conditions), and the degree and length of the
exemption if approval is recommended.
(D) Preliminary Review by Council. Within thirty (30) days of the City Manager's
recommendation,the Council shall conduct a preliminary review of the application for the
sole purpose of determining whether the application should be forwarded to the Property
Appraiser for review. If Council determines that the application should be sent to the
Property Appraiser, the Planning & Development Director shall retain a copy of the
application for the City and forward the original application to the Property Appraiser.
(E) Property Appraiser Review. Upon receipt and careful review of the original
application, the Property Appraiser shall report the following information to the Council:
(1) The total revenue available to the City for the current fiscal year from ad
valorem tax sources, or an estimate of such revenue if the actual total revenue
available cannot be determined;
(2) Any revenue lost to the City for the current fiscal year by virtue of
exemptions previously granted,or an estimate of such revenue if the actual revenue
lost cannot be determined;
(3) An estimate of the revenue which would be lost to the City during the
current fiscal year if the exemption applied for were granted had the property for
which the exemption is requested otherwise been subject to taxation; and
(4) A determination as to whether the property for which an exemption is
requested is to be incorporated into a new business or the expansion of an existing
business, or into neither, which determination the Property Appraiser shall also
affix to the face of the application.
(F) Final Review /Adoption by Council. Upon receipt of the Property Appraiser's
report, the Planning & Development Director shall schedule the application for City
Council action at the Council's next available regular meeting. At that meeting the Council
shall consider the application, recommendation of the City Manager and analysis of the
Planning & Development Director, and the Property Appraiser's report to determine
whether or not to adopt an ordinance granting the economic development ad valorem tax
City of Cape Canaveral
Resolution 2009-44
Page 7 of 9
exemption to the applicant. The ordinance, if adopted, shall be adopted in the same
manner as any other ordinance of the City and shall include, at a minimum,the following:
(1) The name and address of the new business or expansion of an existing
business to which the exemption is granted;
(2) The total amount of revenue available to the City from ad valorem tax
sources for the current fiscal year, the total amount of revenue lost to the City for
the current fiscal year by virtue of economic development ad valorem tax
exemptions currently in effect, and the estimated revenue loss to the City for the
current fiscal year attributable to the exemption of the business named in the
ordinance;
(3) The period of time for which the exemption will remain in effect and the
expiration date of the exemption;
(4) A finding that the business meets the definition of a new business or an
expansion of an existing business as set forth in Section 5 of this resolution; and
(5) A statement that the exemption is subject to the terms and conditions of this
resolution and/or other terms and conditions required by Council.
Section 10. Precedent non-binding. Applications for exemptions shall be considered by the
Council on a case-by-case basis, after consideration by Council of the recommendations of the
City Manager and Planning & Development Director, and the Property Appraiser's report. No
precedent shall be implied or inferred by the granting or denial of an exemption pursuant this
resolution.
Section 11. All Exemption Granted are Conditional. All exemptions granted pursuant to this
resolution shall be conditioned upon the applicant maintaining the new business or the expansion
of an existing business,as defined in Section 5 of this resolution,for the duration of time in which
the exemption was granted. In addition, the application is conditioned upon the Applicant
submitting an annual report to the Council evidencing the satisfaction of this condition. The report
shall be received by the Council no later than January 31 of each year. The applicant shall also
submit any other information or reports as the Council deems reasonably necessary for purposes
of determining whether the applicant is complying with the terms, conditions, and intent and
purpose of this resolution,the terms and conditions of the ordinance granting the exemption, and
any representations made in the application process.
Section 12. Revocation of Exemption/Recovery of Funds. The Council reserves the right to
revoke by ordinance any economic development ad valorem tax exemption granted pursuant to
this resolution if an applicant fails to comply with any term or condition set forth in this resolution
City of Cape Canaveral
Resolution 2009-44
Page 8 of 9
or the ordinance granting the exemption. If an exemption is revoked,the Council may recover any
ad valorem taxes previously exempted by this resolution. In addition,the City shall have the right
to recover any and all costs and damages (including reasonable attorney fees) incurred in
recovering ad valorem taxes from the applicant.
Section 13. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of the conflict.
Section 14. 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 15. Effective Date. This resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled'oh,the.1 8th day of November, 2009.
ROCKY RANDELS, Mayor
ATTEST: For Against
I" Bob Hoog X
'r Buzz Petsos Motion
ANGELA APPERSON, City Clerk Rocky Randels X
C. Shannon Roberts Second
Betty Walsh X
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Resolution 2009-44
Page 9 of 9
Attachment 4
Survey of Brevard County Municipalities
Regarding the existence of an Ad Valorem Tax Abatement Economic Incentive
Conducted March 8, 2019—March 15, 2019
("N/R" = No Response Received)
Jurisdiction Does your jurisdiction In what year does the Does your jurisdiction
currently have an Ad Ad Valorem Tax intend to seek an
Valorem Tax Abatement Program extension of the Ad
Abatement Program in expire? Valorem Tax
effect? Abatement Program
when it expires?
Yes/No/Not
Applicable
Cape Canaveral Yes 2019 Yes
Cocoa Yes 2024 Yes
Cocoa Beach Yes 2024 N/R
Grant/Valkaria No N/A N/A
Indialantic N/R N/R N/R
Indian Harbour No N/A N/A
Beach
Malabar No N/A N/A
Melbourne Yes 2020 Yes
Melbourne Beach N/R N/R N/R
Melbourne Village No N/A N/A
Palm Bay Yes (extended twice Yes Yes
since 1998)
Palm Shores No N/A N/A
Rockledge N/R N/R N/R
Satellite Beach No N/A N/A
Titusville Yes 2024 Yes
West Melbourne N/R N/R N/R
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 07/16/2019
Item No. 4
Subject: Approve final design proposed by Architects RZK, Inc. related to Phase I
Redevelopment of Canaveral City Park, including Canaveral City Park's Multi-Generational
Facility (MGF) and Request for Bids go forward.
Department: Leisure Services & Economic Development
Summary. Instances of past public discussion regarding a facility that could accommodate
indoor activities for seniors, youth or combination of all ages can be found as early as 2001. On
June 18, 2002, City Council unanimously approved a Proclamation regarding the need for a
multi-purpose community center as a"place for children, older adults and families."At the June
17, 2003 City Council Goals and Objectives Workshop meeting, a community center remained
a specified goal. Reference to a community center that could accommodate all ages was openly
discussed during the May 23, 2005 Council Workshop meeting with then City Manager Bennett
Boucher stating that a community center would accommodate all age groups. The conversation
continued on March 20, 2007 when City Council unanimously approved endorsing acquisition
of the Carver Cove property for construction of a riverfront park and community center.
Although that particular acquisition did not come to fruition,public discussion on such a project
continued throughout the years with location and funding always being the main obstacles.
Open public discussions about redevelopment of Canaveral City Park have taken place since
February 2017. The following timeline summarizes all of the opportunities for public input
associated with this project:
• February 22, 2017 —Publicly-advertised meeting held at the Nancy Hanson Recreation
Complex. Along with the general public, attendees included past-and-current City Board
and Council Members. This was the first time the public was able to opine on the overall
look and amenities of the Redevelopment Project.
• March 27, 2017 — Publicly-advertised Strategic Planning Retreat meeting held at the
Radisson. Full scope of the project was outlined for the public to see. Two of Council's
goals for FY 2017/18, derived from the Strategic Planning Retreat, were to secure
funding and proceed with design, permitting and construction documents for both the
Multi-Generational Facility (MGF) and the Culture Arts Preservation Enrichment
(CAPE) Center.
• May 16, 2017 — Publicly-advertised Council meeting; Council voted to approve the
Canaveral City Park Master Plan as completed by Kimley Horn & Associates Inc.
• July 18, 2017—Publicly advertised Council meeting; Council authorized the issuance of
up to $6.2 million in revenue notes to finance the cost of Phase I of Canaveral City Park
to include the Multi-Generational Facility and CAPE Center.
• January 18, 2018 — Publicly-advertised meeting; Council approved Ordinance number
2018-01, amending Section 110-296 of the Land Development Code to increase the
maximum height for public or recreational buildings and structures located on properties
with a Future Land Use designation of Public/Recreation to 35 Feet.
• March 20, 2018—Publicly-advertised meeting; Council approved design proposal in the
amount of$335,740 to Architects RZK, Inc. for the provision of architectural services,
civil/structural engineering, surveying and other miscellaneous site design and
consulting services related to the redevelopment of Canaveral City Park, specifically
Phase I which included design/construction of a 20,000 sq. ft. MGF and associated site
City Council Meeting
Date: 07/16/2019
Item No. 4
Page 2 of 2
work on approximately one (1) acre of land, and the repurposing and redevelopment of
the former City Hall building located at 105 Polk Avenue.
• May 23, 2018—First public showing of proposed MGF and CAPE Center renderings at
Cape View Elementary. Over 350 children plus associated staff had the chance to
thoroughly look at renderings of the proposed buildings and listen to a description of
each before voting on which design they preferred.
• May 31, 2018 — Publicly-advertised meeting of the Culture & Leisure Services (CLS)
Board; Renderings were provided to Board Members and attendees. CLS Board
recommended the more contemporary style of building for both MGF and CAPE Center
projects.
• June 1, 2018 — Community Engagement (CE) Staff hosted a table at Friday Fest
showcasing the MGF and CAPE Center Projects. Over 600 people throughout the course
of the night had the opportunity to speak with Staff about the Project for four hours.
• June 6, 2018 — Publicly-advertised meeting held at City Hall for the sole purpose of
choosing a design style for the MGF and CAPE Center Projects. The majority of
attendees chose the more contemporary style for both structures with the final decision
to be made by Council.
• June 19, 2018—Publicly-advertised meeting; Council voted on final design style of both
MGF and CAPE Center Projects.
• May 29, 2018 —Publicly-advertised meeting of Community Appearance Board (CAB);
CAB unanimously granted a Level 1 Approval for the final building and site design as
proposed by Architects RZK. (Attachment#1)
• June 13,2019—Publicly-advertised meeting of Planning and Zoning(P&Z)Board;P&Z
Board unanimously recommended approval of the Canaveral City Park Site Plan to
include the MGF as proposed by Architects RZK. (Attachment#2)
This meeting marks the culmination of one of the most publicly discussed City projects to date.
Comments have been submitted back to the architects from the 90% construction documents
received. With the impending receipt of 100% construction documents, Staff recommends the
Council move forward with bidding the Phase I redevelopment of Canaveral City Park to include
the MGF.The final footprint of the building stands at 24,330 sq. ft.with the first floor at 13,900
sq. ft. and second at 10,430 sq. ft. (Attachment#3)
Submitting Department Director: Gustavo Vergara& Todd Morley Date: 7/8/19
Attachments: Attachment#1 —Final exterior renderings.
Attachment#2—Phase 1 Redevelopment views.
Attachment#3 —Interior Layout
Financial Impact: Staff time/effort to prepare agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 7/2/19
The City Manager recommends that City Council take the following action:
Approve final design proposed by Architects RZK, Inc. related to Phase I Redevelopment of
Canaveral City Park, including Canaveral City Park's Multi-Generational Facility (MGF) and
Request for Bids go forward.Approved by City Manager: David L. Greene Date: 7/3/19
Attachment 1
[construction plans]
[construction plans]
[construction plans]
[construction plans]
[construction plans]
[construction plans]
Attachment 2
[construction plans]
[construction plans]
Attachment 3
[construction plans]
[construction plans]