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Packet 04-17-2012
City of Cape Canaveral 'ITY COUNCIL MEETING IXERAL LIBRARY MEETING ROOM Avenue, Cape Canaveral, Florida Tuesday April 17, 2012 6:00 PM I - i 1=0 M1111001 Proclamation Designating the Week of April 29 - May 5, 2012 as "Municipal Clerks Week". Appoint Applicant Mary Jo Tichich to the Community Appearance Board. Appoint Applicant Arvo Eilau to the Board of Adjustment. -OWN*-@NJ11 11 r 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. Approve Minutes for Regular City Council Meeting of March 20, 2012. 105 Polk Aventic , Post 011 -ice Box 326 Cape Camaveral, 1-1, 32920-0326 Tcle171aonc(321)868-1220 [: ax: (321)1869-1248 www.cityof,c,�II)CCaiii,tvci-,Il,oi-g - ciiiall-.itilo(ct>cityol'c,,tpecaiiavei-,ii.oi-g City of Cape Canaveral, Florida City Council Meeting April 17, 2012 Page 2 of 3 2. Adopt Resolution No. 2012-03; Appointing a Member and reappointing Members to the Community Appearance Board of the City of Cape Canaveral, Florida-, providing for an effective date. (Mary Jo Tichich, Randy Wasserman and Rosalie Wolf). 3. Adopt Resolution No. 2012-07; Appointing a Member to the Board of Adjustment of the City of Cape Canaveral, Florida; providing for an effective date. (Arvo Eilau). 4. Approve Purchase of Pumper Fire Truck as Included in FY2012 Capital Budget Line Item for Fire Department Equipment. 1; a if -.1 a Les: I ff' Jw;_Fl W 5. City of Cape Canaveral Sewer System Rate Study -February 2012: a. Adopt Ordinance No. 04-2012; amending Article IV of Chapter 78 related to the City's Reclaimed Water Utility, providing that reclaimed water rates shall be established by Resolution of the City Council; establishing a new equivalency basis for reclaimed water service levels; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, at second reading. b, Adopt Ordinance No. 05-2012; amending Article III of Chapter 78 related to service rates, deposits and billing procedures for the City's Sanitary Sewer System; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, at second reading. C. Adopt Resolution No. 2012-015; establishing the City's Reclaimed Water Utility Rates in accordance with Article IV of Chapter of the City Code of Ordinances; providing for the repeal of prior inconsistent Resolutions; incorporation into Appendix B; severability; and an effective date. d. Adopt Resolution No. 2012-06; revising the City's Sanitary Sewer Service Fee Schedule in accordance with Article III of Chapter 78 of the City Code; establishing a new customer classification for rental property; providing for the repeal of prior inconsistent Resolutions; incorporation into Appendix B; severability; and an effective date. 6. Adopt Ordinance No. 0642012; amending Chapter 110, Zoning, of the Code of Ordinances to repeal zoning regulations regarding the permitted location of "Resort Condominiums" and "Resort Dwellings" now collectively known as "Vacation Rentals" pursuant to Florida statutes, making conforming amendments to Section 2-283; providing for the repeal City of Cape Canaveral, Florida City Council Meeting April 17, 2012 Page 3 of 3 of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, at second reading, T OiO p.m. 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, Registration and Maintenance of Properties in Foreclosure; providing for purpose and intent, definitions, registration requirements, maintenance requirements, security requirements, penalties, supplemental authority and other related provisions; providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Code, severability, and an effective date, first reading. 8. Discuss request 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, Spain — City Historian. 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, REPORTS: 7:45 pUMII .m. — 8:00 p.m 10. Council. 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 riot 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, Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/17/2012 PROCLAMATION Subject: Proclamation Designating the Week of April 29 - May 5, 2012 as "Municipal Clerks Week". Department: Legislative Summary: With 9,500 members throughout the United States, Canada and 15 other countries, the International Institute of Municipal Clerks (IIMC), a professional association of City, Town, Township, Village, Borough, Deputy and County Clerks, sponsors Municipal Clerks Week. Initiated in 1969 and sponsored by IIMC, Municipal Clerks Week recognizes the important role of Municipal Clerks in local government, and their contributions in serving their communities and educating the public on the significance of their roles. IIMC President Sharon K. Cassler, MMC, Clerk of Council in the City of Cambridge, Ohio urges Municipal and Deputy Clerks to highlight the importance of their roles and functions and the impact the Municipal Clerk's Office has on the public. "The functions of the Clerk require a thorough knowledge of law procedure, administration and interpersonal relations. To keep up with the constant changes in local government, many Clerks participate in continuing education and seminars and attending Clerk Institutes," said Cassler. The IIMC has designated April 29 - May 5, 2012 as Municipal Clerks Week (MCW). Submitting Council Member: Mayor Rocky Randels Date: 03/13/2012 Attachment: Proclamation Financial Impact: None Reviewed by Interim Finance Director: John McGinnis Date: The City Manager recommends that City Council take e fdHowing action(s): Approve the Proclamation. Approved by City Manager: David L. Greene L9'-I� Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain. local government exists throughout the world; al Clerk, a time honored and vital part of WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; WHEREAS, the Office of the ]Municipal Clerk provides the professional link between citizens, the local governing bodies and agencies of government at other levels; WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars,workshops and the annual meetings of their state, province, county and international organizations; WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk; NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do recognize the week of April 29 -- May S, 2012 MUNICIPAL CLERKS WEEK And further extend appreciation to our Municipal Clerk Angela M. Apperson, and to all Municipal Clerks , for the vital services they performand their exemplary dedication to the communities they represent. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0411712012 Interview Subject: Appoint Applicant Mary Jo Tichich to the Community Appearance Board. Department: Planning and Development Department Summary: On February 28, 2012, the Community Appearance Board interviewed applicants Angela M. Raymond, Mary Jo Tichich and Bob Nienstadt for vacancies on the Board. Based on the applicants' civic interests and appreciation for building design, architecture and compatibility, the Board recommended that these applicants be appointed by the City Council. Per City Code of Ordinances Sec. 2-171(o), after interview and recommendation by the Community Appearance Board, applicants are to be interviewed by the Council prior to appointment. Applicants Angela M. Raymond and Bob Nienstadt were interviewed and appointed on March 20, 2012. Applicant Mary Jo Tichich has met residency requirements as of April and is, therefore, scheduled to be interviewed by the City Council at the Regular City Council Meeting of April 17, 2012. Submitting Department Director: Barry Brown (3�2 Date: 04-06-2012 Attachments: Recommendation by Community Appearance Board and application. Financial Impact: None Reviewed by Interim Finance Director: John McGinnisDate: of ® r The City Manager recommends that City Council take a fo owing ac lon(s): Appoint Applicant Mary Jo Tichich to the Community Appearance Board. Approved by City Manager: David L. Greene J'tr-- Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with. Modifications [ ] Tabled to Time Certain ud Le .City of Cape Canaveral 14anning & Development Department IVIdiulI .7, /-UI2 To: Barry Brown, Planning & Development Director From: Susan L. Chapman, Secretary, Community Appearance 6oard Through: Randy Wasserman, Chairperson, Community Appearance Board Re: Recommendation to City Council to Appoint New Board Members to the Community Appearance Board __.._____-_Ww,..._..______________________________________________.._....__..___.._..__.._.._......_..____.._......_________.___ On February 28, 2012, the Community Appearance Board interviewed three potential new Board members: ® Angela Mary Raymond ® Mary Jo Tichich • Bob Nienstadt Based on the applicants` civic interests, as well as appreciation for building design, architecture, and compatibility, the Board recommended that the City Council appoint these citizens to serve on the Board. 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 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out. pn;fi.tipn,;itywCade #fo prohibits a person from serving on a City Board or Committee if that phas-b6enconvicted f - felony, unless their civil rights have been restored. `--� 116'J 9 2012 i ti Please complete the following in the space provided: r l A. GENERAL 1. Applicant Name: J 0 � � i✓� l : } 2. Home Address: 3. Home and Cellular Telephone: 4. Occupation: f L+ , �kA - J o }"n 4"k- ,r- 5. Business Telephone: — 6. Business Address: 7. E -Mail: �A ++i \i C IA Q� o� 1, B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee_ 1. Are you duly registered to vote in Brevard County? (Y) 1,j (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) (N) '+-- t�vtT-,�,.� �'��v� ��••:<�.. E cam'. r�a,�.�,c}. i�zx.�, �z�'rY,t��.U�-} i � 3a. Are you a Business owner: (Y) (N) 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) _",J 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being �k� appointed to a board or committee. Do you voluntarily i i ials consent to having a standard background check performed on you by the City of Gape Canaveral? (Y) r.r (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N)r 7b. if yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: his ;s rn�rp Srr"c-. I A� rJ "--t . �� `C t -k 4ry, G -� 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. _ Board of Adjustment* b. ... _...__..__. Business and Economic Development Board C. Code Enforcement Board* d. I Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. 3 Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* i. Other: *Member of these boards arerequired to complete and rile with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. `Briefly state; any prior experiences in serving on any governmental board or committee: P I- 4,W a5 -fir?-�,��.e�. �.e� Sc•�Ym�,a, rc.#,�1' -fi�in/� �. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee, •�-1�ntR.-#�.£�C� t�nf'.t� >� !`� f�..toJ �v,�'Rlr� s �' rig-- 13� f'c�-i-� M����"ra1.[ f S��li.�.S,. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian -American NQ Female Hispanic -American � Nat Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANA'V'ERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW"[SECTION 286.011, FLORIDA STATUTES), WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: Appointment to any City board is subject to City Council approval fallowing a brief interview before the City Council at a regularly scheduled meeting. Your application will remain effective for one year from date of completion. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: k�)aL Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application recelvetl. Date Appointed: Appointed by: Beard Appointed to: Term Expires: Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/17/2012 Interview Subject: Appoint Applicant Arvo Ellau to the Board of Adjustment. Department: Planning and Development Department Summary: On April 5, 2012, the Board of Adjustment interviewed applicant Arvo Eilau for vacancy on the Board. Based on the applicant's civic interests and previous experience serving on the Board, the Board recommended that Mr. Eilau be appointed by the City Council. Per City Code of Ordinances Sec. 2-171(o), after interview and recommendation by the Board of Adjustment, applicants are to be interviewed by the Council prior to appointment. Submitting Department Director: Barry Brown Date: 04-06-2012 Attachments: Recommendation by Board of Adjustment and application. Financial Impact: None Reviewed by Interim Finance Director: John McGinnis Date: '/7/9b The City Manager recommends that City Council take Pie Wowing action(s): Appoint Applicant Arvo Eilau to the Board of Adjustment. Approved by City Manager: David L. Greene 01. Date: 411W City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain I.I.Aty of Cape Canaveral i.lanning r Development Department Date: April 6, 2012 To: Barry Brawn, Planning & Development Director V4 b From: Susan L. Chapman;e�ry, Board of Adjustment Re: Recommendation to City Council to Appoint Arvo Eilau as a Regular Voting Member ------------------------------------------------------------------------------------------------------------- On Thursday, April 5, 2012, by unanimous vote, the Board recommended that Council appoint Arvo Eilau as a regular voting member. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1205 Fax (321) 868-1247 http://www.cityofeapecanaveral.org CITY OF CAPE CANAVERAL APPLICATION FOR APPOITNMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2.171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an_ application. City Code also prohibits a person from serving on a City Board or Committee if tha# perlr; has .bc:en.;ctiraVietd of a felony, unless their civil rights have been restored, Please complete the following in the space provided:! i ' i JAN 5 212 A. GENERALi i 1. Applicant Name: 2. Home Address: »,� i� �} -zo g 3. Home and Cellular Telephone: 4. Occupation: 0 tom,. 5. Business Telephone: 6. Business Address: 7, E -Mail: ` A o 2._. .- _ B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. I. Are you duly registered to vote in Brevard County? (Y) (N) 2. Have you been a resident of the City of Cape f Canaveral for 12 months or longer? (Y) (N) 3a. Are you a Business owner: (Y) (N) 7 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 58. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) 60^C ° 1 t) X 5b. If yes to 5a, please list each: _ 0 Page I of 3 7a. 7b. C. 1. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? If yes to 7a, please provide name(s) of person(s) and relationship to you: INTERESTS/EXPERIENCE Briefly state your interest in serving on a City advisory board or committee: 3 tials N 2, In numerical sequence ('[ = most interested), please rank which advisory board or committee on which u wish to serve: e a. Board of Adjustment* b.._--- Business and Economic Development Board C. Code Enforcement Board* d. Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board 9. Library Board h. Planning and Zoning Board* L Other: *Member of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: V 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. E QS)W .1 v—,j— JLPAJ216L%=:'� D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE LEND African-American Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LANK" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City CI 's Office at (321) 868-1220 ext. 221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 106 Polk Avenue Cape Canaveral Florida, 32920 For Office Use Only: Date application received: - Date Appointed: [Appointed by: `Board Appointed to: Term Expires: Page 3 of 3 CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY March 20, 2012 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at adjustment in the meeting start time is a trial basis. He led th ROLL CALL: Council Members Present: Council Member Council Member Council Member Mayor Mayor Pro Tem Others Present: City Manager Assistant City Attc Assistant City Mar Interim Finance Di Building Official. Planning a-> L.eisure,ervices l e Publ' rks Servicee Brev�ar my Sheriff Ltd Cape Can - „-1 Voluntee INTERVIEWS: 1:Tel RockyRhdels d EYt' Betty Wald 0. and explained the of allegiance. David L. Greene Kate Latorre e" Angela Apperson John McGinnis Todd Morley rector✓ Barry Brown r. Robert Lefever Jeff Ratliff nant ` John Boyd -e Dept. Assistant Chief John Cunningham Appoint Applicants A� ela M. Raymond and Bob Nienstadt to the Community Appearance Board: Ms. Raymorfd and Mr. Nienstadt explained their background and desire to serve on the Board. Council Members provided positive and welcoming comments. REPORTS: None AUDIENCE TO BE HEARD: City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2012 Page 2of7 Dianne Marcum spoke of the Mayor's attendance at the Disney Fantasy Ceremony. She thanked the Mayor for his work and noted that his speech emphasized all the activity at the port is very important to the City. She encouraged the Council to work with, take advantage of and utilize the activities to make a positive economic difference for the City. Adam Shafer congratulated Council Member John Bond on his election to office. Mr. Shafer spoke about his negative interaction with the members of Brevard County Sheriff's Office, Cape Canaveral Precinct and what he perceived -to be their failure to respond appropriately to his complaints. He did compliijt the actions of Lt. Alex Herrera and Ofc. Sarah McClennon. Mayor Randels recognized Tom Hermansen an e%zResidenc kinn for receiving "Diamond" status among all Residence Inn's. er - ansen gave redit to Manager Pat Looney and the Staff for the award. CONSENT AGENDA: Mayor Randels inquired if any item -are to be rem discussion. None were removed. 1. Ar3orove Minutes for Regular City Coun ]. lei 2. Adopt Resolutio dl- 2,012-04; exert ting el reservina the City Cro il's t; to reimaosie" said l 3. a the' M. of d An6V m the Consent Agenda for ng of WbrL r`p`l"lic signs s: arovidinc ral. Florida: r21, 2012: m sign permit feE the repeal of pr 3 the Commun A motibI�h was made by Mayor�P`ro Tem Walsh, seconded by Council Member Hoog, to". prove Con6ent Agenda Item Nos. one, two and three. The motion VW; carried 5-0`-.,"#h voting ass follows: Council Member Bond, For; Council Member Hoog, For; Coun+ al Membbr Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. PUBLIC HEARING --J,' 4. Adopt Ordinance No. 02-2012: amendina chapter 110. Zonina. of the Caae Canaveral Code of Ordinances related to Special Exceptions for Alcoholic Beverages; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code; severability;an_d an effective date, second reading: Assistant City Attorney Kate Latorre read the Ordinance title into the record. The Public Hearing was opened. Leo Nicholas objected to the provision in the Ordinance which allows alcohol City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2012 Page 3of7 sales within 300 feet of the ocean and the possible commercialization of the beach. He urged for removal of this section. Discussion ensued and included the actions at the prior meeting to allow restaurants to be located within 300 feet of the ocean and the Banana River; that currently there are no properties adjoining the beach which are zoned to allow for a commercial establishment; the possibility to prohibit restaurants along the beach but allow them along the river. Mr. Tom Hermansen advocated for the provision, stating waterfront dining is very attractive to residents and visitors and this use would allow more people to enjoy the beach. The Public Hearing was closed. Council Members briefly continued the discussion. A motio . 'as%made by Council Member Bond, seconded by Mayor Pro Tem Vila: I, to adopt the Code (Ordinance). Additional Council Member comments i f° :u fi. the belief that citizens would not stand for the commercialization of the beat , The fon carried 5-0 with voting as follows: Council Member Bond, FOX , until ber Hoog, For; Council Member Petsos, For; Mayor Randels, "& and Mayor Pr em Walsh, For. 5. City of Cape Canaveral Sewer System^ Study -February 2012: a. Presentation by Raftelis Financial Consdl! is Eric '� . Mike RoccK, Director of Operations: Mayor Randels spoke of the debt service , , e City has for the Wastewater Treatment Plant and the decisions ns to raise the sewoutates in prior years. Mr. Rocca explained an enterprise fund must If -supporting, as it. does not receive any tax dollars to support the operations. Hep=._ he objective, fl"rdings, conclusions and recommendations of the sewer rate st y. ents, concerns and questions from the Council Members were received an- aon ed to by Staff and Mr. Rocca The comments rrauded: the in,, ity betw - commercial and residential customers; the pos:�}i9ity oflgation if th nequities° are not corrected; the need for sufficient reservesxtcaensure the City's credi' ating is not affected; funding the capital improvements and maintenance activities, w der properties which have private lift stations should have lower rates bcuse the�pay to maintain that equipment and that is because - sign` of the Sys'temL a'n the private property in order to get the sewage "the City Vis; ch�argng City residents for reclaimed water when individuals outsic> e City will re iF `p rt forFfree ;due to the agreements signed years ago; the work Staff an- ` e consultan kI, doing"",'to further study the reclaimed water rates and re- negotiate agreemenll�or reclaimed water; the recommended reclaimed water changes are . -ged upon # vlusage; the need to establish user fees so individuals not using the recta servicare not paying for something they are not using; the slides depicting the com,."=t;se hfor sewer rate charges for commercial facilities; if no re -use rate is instituted, a Pditional 5% increase would be needed per year to produce the necessary revenue; at properties who have a reclaimed water connection but are not using it will need to have it permanently disconnected if they do not want to pay the reclaimed water rates; that the re -use water agreement was signed with Cocoa Beach during a time the City needed to get rid of the reclaimed water or face penalties from the State and Cocoa Beach should not be punished. The Public Hearing was opened. Bob Baugher thanked City Manager Greene for being a man of his word and moving this forward. He indicated this is a significant savings and noted he would be able to re- invest the money into the hotel. Barry Shulholtz expressed concerns that an outside City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2012 Page 4 of 7 firm was determining City rates and desired for the changes between commercial and residential to be implemented gradually. Mr. Hermansen explained his facility pays $50,000.00 more per year than a residential customer. He objected to stretching out the equalization. Leo Nicholas asked if the quality of the effluent was considered for Commercialllndustrial facilities; to which Mr. Greene and Mr. Rocca responded in the affirmative and noted the 25% loading factor for Commercial customers and the Ordinance restrictions on what can be discharged into the City's system. The Public hearing was closed. b. Adopt Ordinance No. 04-2012; amending Article IV o ha ter 78 related to the City's Reclaimed Water Utility; providing that reclaimed wat �- . shall be established b Resolution of the City Council; establishing- a new a ui ._ %nc s for reclaimed water service levels providing for the repeal of prior incoistewnt ordin�es and resolutions incorporation into the Code; severabilit • and an e"ffecti e° date at firs 9T.. - din Assistant City Attorney Latorre read the Ordinance title into the record. Councri tuber Petsos objected to adding charges for reclaimed watg set`yice. A motion was m Eby Mayor Randels, seconded by Council Member Hoo g`fbr ap`r'o"r�al of Ordir� nce No. 04- 20'12. The motion carried 4-1 with voting as follouvs Council Member Bond, For; Council Member Hoog, For; Cou" = cil Member Petsos, Against; Mayor Randels, For; and Mayor Pro Tem Walsh, Fo c. Approve Ordinance No. 05-2012'amer t'tzArticle 111 -`'of Chanter 78 related to service rates deposits and biliin roce ,ureas ori; mit 's Sanita Sewer S stem providing for the repeal of r'pf,ora..inconsisten t finances .' ci resolutions; incorporation into the Latorre dreadethea0rmance ttleeintotlthe dretR rd t fIA tmotion As- ty sistant City Attorney n was made by Council Member Petsos, seca.nded ,r%Y Council umber Bond, for approval of the Ordinance 05-2012 Ther rxotibncarJJed -0 with voting as follows: Council Member` _ v > Couric1l Member Hoog, For; Council Member Petsos, For; Mayor dels, o . d Mayor,Pro Tem Walsh, For. 6. d.t Ordinance , > , 06-2�T2 amending Chapter 110 Zoning of the Code of Ordinancerepeal zoWr��g regulations regarding the permitted location of "Resort Condominiu }" nd "Reset Dwellings" now collective) known as "Vacation Rentals" pursuant to KNIda statrtes: making conformina amendments to section 2-283.' providing for the prior inconsistent ordinances and resolutions incorporation into the Code; sevity; and an effective date, first reading: Assistant City Attorney Latorre read the Ordinance title into the record. Mayor Randels noted Council's prior actions and the preemption by the State to regulate Vacation Rentals in the future. He noted individuals desiring to have a Vacation Rental will still have to meet the requirements of the State, the Fire Code, the Building Code related to the change of use and the need for a Business Tax Receipt. The Public hearing was opened. Alice Filteau spoke in favor of the repeal of the Ordinance. She addressed the costs of litigation, the hard feelings of citizens and encouraged everyone to move on. She also noted the current economic conditions. Mark Filteau explained his background in planning, City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2012 Page 5 of 7 likened the current Ordinance to spot zoning, the possibility the existing Ordinance could be considered a taking of property rights. He noted the loss of revenue from properties not being used as Vacation Rentals and urged for repeal of the existing Ordinance. John Anderson expressed his desire for repeal of the existing Ordinance; his understanding of the economic benefits to having the right to convert his home to a Vacation Rental. He categorized the prior actions of the Council as good faith to attempt to solve a problem; however the existing Ordinance did not achieve its objectives. He spoke of Vacation Rentals in his neighborhood,, some who are model renters and others who are not considerate to the neighb�6f' od. He felt if this Ordinance was not repealed, additional litigation would ens". He encouraged Council to move forward and enforce those situations that are causing peighborhood problems. He congratulated the Council on the actions to fix the4�sltuatior ,.,. Ozkaptan, current President of Cape Winds Condominium Home Owe: Association; provided historical information about the Condo. He spoke of the ' s ally ion of a nev,fra alarm system and the legal fees the owners have borne and "dvocated for repeal of the Ordinance. Adam Shafer supported the repeal of the Q =-. ce an oted usin a�"�roert as a pp p g p_rp Y Vacation Rental removes the land -lord tenant la h n ` requiremeri go through the eviction process to remove someone. Robert Lei . r, speaking on behalf of Sandy Trudeau, explained the costs to Ms: Trudeau to bring »: roperty into compliance and have the ability to use her property ation Rentals F reminded Council Members of the mission statement previously u§ee was the basis of fl dinance, which was to remain a residential community. Counkil Mevber;Hoog 11 - icated the costs were to come into compliance with the Life -Safety Coe9 grid yvould still be required if the Ordinance is repealed. ie McGee rerrrtled ever;o�ne that there was a very limited �%"I': amount of time for w eo ,o make tf%e life changing decision to rent their home and give up their �rhE tead e.ption. Boi Baugher agreed that it is not what you do, it is how you do it. t V .rged Mf r fairness bet een hotels and vacation rentals, which includes the collection o e B is used to fund many things within the County. He,Aalvoated CI do aT t M to enforce Life -Safety Codes. The Public Hearing was closed � Cou�nc;,I discussion included: enforcement challenges with Vacation Rentals; tha# many phle?, have been renting their property illegally and avoid iri§a+ment of "Bed'Tax"; e belief that the current litigation is related to the pro pertiesM101. wanting toATneet tie Life -Safety Code; repealing the Ordinance would change the6"bracter of th6 City and many people will not know their neighbors; and J unfunded mandates from�he State to enforce the Vacation Rental Statutes. A motion was made by Ciyufibil M"dmber Bond, seconded by Mayor Randels, that we adopt these changes asHtten. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. The meeting was recessed at 8:58 p.m. and reconvened at 9:10 p.m. 1l1 R, W-11 X City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2012 Page 6 of 7 7. Xtreme Fun, LLC Appeal of Community Appearance Board (CAB)Order: Assistant City Attorney Latorre explained the procedures to be used in this portion of the meeting. She asked anyone wishing to give testimony to stand and be sworn in, at which point she administered the oath. Planning and Development Director Brown explained the desire of the property owner to re -develop the property and the discussions about the proposed elevation of the building. He reviewed the work done to prepare for the Community Appearance Board Meeting; his recommendations to the CAB, the order from the Board and the elevation proposed b Staff. He introduced Staff's Exhibit "A". Attorney Rezenka, representing Xtreme F introduced herself to the Council. She questioned Mr. Brown, to which hear ponded. Mr. Brown also responded to questions from the Council Members and l ,�, t City Attorney Latorre. David Menzel, Architect for Xtreme Fun, LLC, reviev' his 'a.:- ifications and noted many projects in the area designed by him. He reryj , the sig ctuirements of the CAB and: provided reasons for not constructing J#i16bu` (ding in the ner ordered by the Board. Mr. Menzel responded to questiont�, from Council Membe jog regarding the view from the rear of the building. Attoreir V , �zenka��iptroduced a ce� � 'd copy of the CAB transcript, which was marked as Applicant's Eh�ia1". Ms. Re z ka provided the City Council an overview of why the Council shoiverselchange the Board order. Mayor Randels noted the City Code. calls for extending; the meeting past 10:00 p.m. Motion by Council Member Hoog,sfthk n ded by Councl` ember Petsos, to extend the meeting until 10:30 p.m. The In carried 5 D,` rah voting as follows: Council Member Bond, For; Council Mem e, � ' A , , For,15Council Member Petsos, For; Mayor Randels, For, and MayoolPro- e' l For. Attorney Rezenka continued her explanfin and revieweii. Testimony :resented at the CAB. She submitted and reviev�ed Applicant's Exhibit " and "3". She requested Council approve the� 1 ro ect as de r gshed withou�tifiour of the cm di ions imposed by the CAB. Her Client p agrees with the conditions dealing with the il in the back of the building and the wainscoting along the bottoms #She' felt theta ty could approve because there are no overlay di f dines dttfhas pain#; theaplicant's design is compatible with existing develop .I r)t in the` a r it has rnet the criteria for a level two review; this is the building thea scant wants '�dldesignbiiiness model, She felt without written definitive stands . he property ner co�a°l'd be subject to the whim of the City Staff and IV requeste T, Council o, urn 'the decision of the CAB. The Public Hearing was opened. A trrell, press; ent of the Puerto Del Rio Homeowners Association, asked his members o HOA 1io do not support the "Beach Wave" as submitted to stand, to which approxim - --' people stood. No individuals stood when asked for those supporting the pro : al to stand. He read a prepared statement into the record advocating the Co,x'ncil not approve the site plan as presented by the applicant. Attorney Rezenka showed Mr. Spurrell four pictures of buildings, which were a part of Staff's Exhibit 'A" and asked if these represent the other stores he was speaking of; to which Mr. Spurrell replied they are very similar to them; however windows were painted or covered with product/signs saying "going out of business" or something similar. Elizabeth Cogswell spoke to truth -in -advertising and bait/switch and going out of business sale signs for an extended period of time, which she believed might happen at this location. Sandra Gordon explained her background in real estate and expressed City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2012 Page 7 of 7 her concerns related to the very specific nature of this building which would reduce potential future uses. Motion by Council Member Bond, seconded by Council Member Hoog, to continue the meeting for thirty more minutes. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. Susie Carter advocated for the City to continue to move forward with Code/Ordinance changes to ensure future buildings are in harmony with the Envision Plan. The Public Hearing was closed. Mosh Gal rebutted corn ents made indicating his business operations outside the City have "going out of s1ss" signs. Council Member Hoog pointed to a picture and asked Mr. Gal if that his building, to which Mr. Gal replied in the affirmative. Mr. Hoog then indicate . v' eeks ago there was a "going out of business" sign in the window. Mr. Ga -1,, efute ¢A . Hoog's statement. Assistant City Attorney Latorre clarified the Code refereri� e cited i he Agenda Packet is incorrect. She noted the correct Code Sectio.s -0-33 and in:: ed the Council has used the correct criteria for its review. Msodt,atorreIso provided kation of her statement at the CAB Meeting indicating ani oo�aditions�mposed must easonable safeguards and conditions. Council Member corirentshcluded the nee. to align the City's Codes with the Vision Statement; the objedl' 'r% ble view of the air conditioning units to the west side of the property nd the recommendation to carry the parapet wall to the rear of the building as well asgtype of bandithe restrictions of the Sign ,,,n Code and the need to further stren :'h Code; whtFer 'the proposed building consists of three or four units; the sugge" ion� " -:: h� t sometfitig to break up the corners of the building and the encouragement t r pI Avner to be a good neighbor, and to give consideration' &&,the back of building. r. Gal indicated he agreed to modify the back ofth0,`buildding >o include `e parape wall. A motion was made by Council Member .,.Kobg to approve the Bead h Wave as presented with changes to the back views to incl,ode a�parapet and ttwo conditions that they agreed to from the Community ,pipe he motion was seconded by Council Member fB©nJfThe moiign !carrivoting as follows: Council Member Bond, Fir; Coun'if �Membere Hoog, For; Council Member Petsos, For; Mayor Randels, For; and May©kPro Tem Walsh, For. ADJOURNMENT: There being no further business, the Meeting adjourned at 11:05 P.M. Rocky Randels, MAYOR Angela M. Apperson, MMC, City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0411712012 Item No. /Z Subject: Adopt Resolution No. 2012-03; Appointing a Member and reappointing Members to the Community Appearance Board of the City of Cape Canaveral, Florida; providing for an effective date. (Mary Jo Tichich, Randy Wasserman and Rosalie Wolf). Department: Legislative Summary: On February 28, 2092, the Community Appearance Board (CAB) interviewed three potential new Board Members: Bob Nienstadt, Angela M. Raymond and Mary Jo Tichich. Based on the applicants' civic interests, as well as appreciation for building design, architecture and compatibility, the Board recommended that the City Council appoint these citizens to serve on the Board. Mr. Nienstadt and Ms. Raymond were interviewed and appointed to the CAB at the Regular City Council Meeting of March 21, 2012. After having conducted an interview at tonight's meeting of applicant Mary Jo Tichich, it is now incumbent upon the City Council to appoint a Member to the Community Appearance Board. Additionally, CAB Members with terms to expire on May 1, 2012 were mailed Expiration Notice letters by the City Clerk's Office in March. Ms. Joyce Kelley wishes not to be considered for reappointment at this time; Ms. Rosalie Wolf and Mr. Randy Wasserman wish to be considered for reappointment. It is now incumbent upon the City Council to reappoint Ms. Wolf and Mr. Wasserman to the CAB. Submitting Department Director: Angela Apperson Date: 0329-2012 Attachments: Resolution. No. 2012-03; 3 Expiration Notices. Financial Impact: None Reviewed by Interim Finance Director: John McGinnis P Date: t o 0q®1j" The City Manager recommends that City Council take e f lowing ac ion(s): Adopt Resolution No. 201.2-03. Approved by City Manager: David L. Greene Date: <Y//o City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO, 2012-03 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER AND REAPPOINTING MEMBERS TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-37 created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Member and reappoint Members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Mary Jo Tichich is hereby appointed as a Member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2015. SECTION 2. Randy Wasserman and Rosalie Wolf are hereby reappointed as Members of the Community Appearance Board of the City of Cape Canaveral, Florida, with terms to expire on May 1, 2015. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of April, 2012. (Signature page follows) City of Cape Canaveral Resolution No. 2012-03 Page 2 ATTEST: Rocky Randels, MAYOR Name For Against Angela M. Apperson, City Clerk John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney March 6, 2092 Joyce Kelley 179 Portside Avenue, #201 Cape Canaveral, FL 32920 Dear Ms. Kelley: Your term on the Community Appearance Board will expire on May 1, 2012. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the Regular City Council Meeting agenda on April 17, 2012. Ca I DO wish to be considered for reappointment. N I DO NOT wish to be considered for reappointment. Qis�s� k - L�!-au" (Signature) Joyce Kelley, Community A pearance Board Sincerely, SAM r� W I I RM Angela M. Apperson, MMC CITY CLERK Enclosure: SASE 105 folk Aven-ue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 86$-1248 www.cityofeapecanaveral.org • email: info@cityofeapecanaveral.org Rosalie Wolf 303 E. Central Boulevard Cape Canaveral, FL 32920 Dear Ms. Wolf: uty of Cape . Canaveral Your term on the Community Appearance Board will expire on May 1, 2012. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the Regular City Council Meeting Agenda on April 17, 2012. [` I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) Rosa ie Wolf, C munity Appearance Board Sincerely, 01AIAli�'\ 6fix4oe� ' Angela M. Apperson, MMC CITY CLERK Enclosure: SASE 105 Poll: Avenue • Post Office Box 326 Cape Canaveral, FL, 32920-0326 Telephone (321) 868- 1-220 - Fax: (321) 868-1218 www.cityol'capecanaN,eral.org • email: info(cr?cilyol'eapecxinaveral.org Randy Wasserman 5801 N. Banana River Blvd. #933 Cape Canaveral, FL 32922 Dear Mr. Wasserman: Your term on the Community Appearance Board will expire on May 1, 2012. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the Regular City Council. Meeting Agenda on April 17, 2012. 09/1 DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. YfAu (Signature) Randy Wasserman, Community Appearance Board Sincerely, Angela M. Apperson, MMC CITY CLERK Enclosure: 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 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/1712012 Item No. S Subject: Adopt Resolution No. 2012-07; Appointing a Member to the Board of Adjustment of the City of Cape Canaveral, Florida; providing for an effective date. (Arvo Eilau). Department: Legislative Summary: On April 6, 2012, the Board of Adjustment interviewed applicant Arvo Eilau to fill a vacancy. Based on the applicant's civic interests and previous experience, the Board recommends that Mr. Eilau be appointed by the City Council. After having conducted an interview at tonight's meeting of applicant Arvo Eilau, it is now incumbent upon the City Council to appoint a Member to the Board of Adjustment. Submitting_Department Director: Angela Apperson Date: 04-06-2012 Attachment: Resolution. No. 2012-07 Financial Impact: None Reviewed.by interim Finance Director: John McGinnis Date. -J//VR6/off The City Manager recommends that City Council take Ae fol wing action(s): Adopt Resolution No. 2012-07. Approved by City Manager: David L. Greene J `P -r, Date: City Council Action: [ ] Approved as Recommended [ j Disapproved [ ] Approved with Modifications [ Tabled to Time Certain RESOLUTION NO. 2012-07 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Ordinance No. 11 -2005 (Zoning Code Section 110-2) created a Board known as the Board of Adjustment; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Arvo Eilau is hereby appointed as a Member of the Board of Adjustment of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2015. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of April, 2012. ATTEST: Rocky Randels, MAYOR Name Angela M. Apperson, City Clerk John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney For Against City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0411712012 Item No. Subject: Approve Purchase of Pumper Fire Truck as included in FY2012 Capital Budget Line Item for Fire Department Equipment. Department: Canaveral Fire Rescue Summary: The 2001, 500 gallon per minute Mini -Pumper Fire Truck is being replaced due to age and non-compliance with the National Fire Protection Association (NFPA) standards. Additionally, the Insurance Services Office no longer awards points for any pumper that does not pump at least 750 gallons per minute. The new truck is a NFPA Class A fire apparatus and it will receive full credit. It is being procured utilizing St. John's County RFP 07-53, Fire Apparatus and Specialty Apparatus, which expires March 2017. This truck is being joint purchased with Canaveral Port Authority and the City's portion is not to exceed $125,000, which is included in the FY2012 Capital Improvement Project Budget. Approval of this purchase prior to May 31, 2012 will save a 3% manufacturer's increase. The truck requires seven months to build by Pierce Manufacturing at its Bradenton, Florida plant. The existing Mini -Pumper will be sold for use as a squad or brush truck, and proceeds will fund the equipment for the new truck. Any funds remaining will be returned to the City and Port. Submitting Department Director: Fire Chief Sargeant Date: April 9, 2012 Attachments: NIA Financial Impact: $125,000.00 has been budgeted in the FY 2011112 Budget for this vehicle purchase. e ,J Reviewed by Interim Finance Director: John McGinnis Date: 4 !16 1R6 I The City Manager recommends that City Council take Me foll6wing ac ion(s): Approve Purchase of Pumper Fire Truck as Included in FY2012 Capital Budget Line Item for Fire Department Equipment. Approved by City Manager: David L. Greene Q "- Date: 1c>&g 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, 04/17/2012 Item No. 6 Subject: City of Cape Canaveral Sewer System Rate Study - February 2012- a. Adopt Ordinance No. 04-2012; amending Article IV of Chapter 78 related to the City's Reclaimed Water Utility; providing that reclaimed water rates shall be established by Resolution of the City Council- establishing a new equivalency basis for reclaimed water service levels; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, at second reading. b. Adopt Ordinance No. 05-2012; amending Article III of Chapter 78 related to service rates, deposits and billing procedures for the City's Sanitary Sewer System; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, at second reading. c. Adopt Resolution! No. 2012-05; establishing the City's Reclaimed Water Utility Rates in accordance with Article IV of Chapter 78 of the City Code of Ordinances; providing for the repeal of prior inconsistent Resolutions; incorporation into Appendix B; severability; and an effective date. d. Adopt Resolution No. 2012-06; revising the City's Sanitary Sewer Service Fee Schedule in accordance with Article III of Chapter 78 of the City Code; establishing a new customer classification for rental property; providing for the repeal of prior inconsistent Resolutions; incorporation into Appendix B; severability; and an effective date. Department: Legislative Summary: A recent City of Cape Canaveral Sewer System Rate Study (Study) was prepared by Raftelis Financial Consultants, Inc. (see Attachment #1). Results of the Study were presented and discussed at the Regular City Council Meeting of March 20, 2012. Associated with the Study presentation are the following two proposed City Ordinances: • No. 04-2012 establishing reclaimed irrigation usage fee rates and equivalencies (see Attachment #2); and • No. 05-2012 amending the Sewer Utility fee rates, rate factors and customer classifications (see Attachment #3). The Study contains findings, conclusions, recommendations and supporting analyses associated with the design and determination of recommended sewer customer reclassifications, rate structure modifications, reclaimed water rates and sewer rate component adjustments for the next four fiscal years ending in 2015/16 for the cost recovery system of the Sewer Utility. Ordinance No. 04-2012 revises the applicable sections of the Code of Ordinances to reflect the reclaimed water irrigation usage fees and customer classifications including the basis of determining equivalencies and applicable multi-year rate structures (see 'Table 12 below from the Study). Reclaimed water Irrigation proposals reflected in the Study include, but are not limited to, the following: • Reclaimed irrigation water service is a valuable service and costs for such services should be recovered from those who benefit through a rate structure City Council Meeting Date: 04/17/2012 Item No. Page 2 of 3 that does not require an added expense of metering usage. o An equivalency basis referred to as Equivalent Reclaimed Irrigation Connection (ERIC) is proposed setting the service levels as follows: ® 1 - inch diameter connection = 1 ERIC * 2 - inch diameter connection = 4 ERICs Iff 4 - inch diameter connection = 12 ERICs o The rate structure for reclaimed water irrigation connections is limited to a flat monthly charge per ERIC due to the unmetered condition of all connections. Table 12. Schedule of Proposed Multi -Year User Rates 2010/11 2011/12 2012113 2013/14 2014/15 2015/16 Customer Charge per Bill All Classes $1.55 $1.64 $1.74 $1.83 $1.93 $2.03 Readiness to Serve Charge per ERU Single Family $13.38 $14.18 $14.96 $15.71 $16.50 $17.33 Commercial $40.14 $42.54 $18.71 $19.65 $20.64 $21.68 Rental Property N/A N/A $14.96 $15.71 $16-50 $17.33 Public Buildings $13.38 $14.18 $14.96 $15.71 $16-50 $17.33 Usage Rate per 1,000 gal. Single Family $4.34 $4.60 $4.86 $5.11 $5.37 $5.64 Commercial $13.02 $13,80 $6.07 $6.38 $6.70 $7.04 Rental Property N/A N/A $4.86 $5.11 $5.37 $5.64 Public Buildings $434 $4.60 $4.86 $5.11 $5.37 $5.64 Sewer Flat Rate Multi -Family $22.92 $24.30 $25.64 $26.93 $28.28 $29.70 Reclaimed Water Flat Rate per ERIC All Classes $0.00 $0.00 $6.33 $6.65 $6.99 $7.34 Ordinance No. 04-2012 revises the applicable sections of the Code of Ordinances to reflect that any reclaimed water rates adopted by the City Council shall become effective on October 1, 2012 concurrent with the City's fiscal year. Ordinance No. 05- 2012 revises the applicable sections of the Code of Ordinances to reflect that any new Sewer Utility fee rate adopted by the City Council shall become effective on October 1, 2012 concurrent with the City's fiscal year. The Ordinances were passed at first reading on March 20, 21012; the Notices of Public Hearing were published March 29, 2012. Resolutions establishing the rates and fees associated with Reclaimed Water Service and Sewer Utility fees are presented for City Council consideration concurrent with second reading of the Ordinances. Submitting Department Director: Angela Apperson Date: 04/06/2012 City Council Meeting Date: 04/17/2012 Item No. Page 3 of 3 Attachments: Attachment #1: City of Cape Canaveral Sewer System Rate Study — February 2012. Attachment #2: Ordinance No. 04-2012, Attachment #3: Ordinance No. 05-2012. Attachment #4.- Resolution Nos. 2012-05 and 2012-06. Financial Impact: Cost to prepare and advertise the Study and the Ordinance. There will be no fiscal impact for the current fiscal year. Rate structure modifications will generate sufficient revenue to offset future financial obligations for the next four fiscal years. Reviewed by Interim Finance Director: John McGinnis Date: Ykqo/A The City Manager recommends that City Council take tK6 folloing action(s): (1) Adopt Ordinance No. 04-2012, at second reading. (2) Adopt Ordinance No. 05-2012, at second reading. (3) Adopt Resolution Nos. 2012-05 and 2012-06. Approved by City Manager: David L. Greene L9 Date: City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain �r.; '� �, � \ \� \ \ � / \. Cape Canaveral Sewer System Rate Stud:y Prepared by: m 976 Lake Baldwin Lane, Phone 407-271-4775 www,raftelis.com Suite 204 Fax 407-730-5941 Orlando - Florida - 32814 Melhimy WARN February 28, 2012 Mr. John M. McGinnis Financial Services Department City of Cape Canaveral 105 Polk Avenue P.O. Box 326 Cape Canaveral, Florida 32920-0326 Subject: Sewer System Rate Study (the "Study") Dear Mr. McGinnis: Raftelis Financial Consultants, Inc. (RFC) is pleased to present herein our report concerning a multi- year Sewer vstem Rate Study authorized by the City of Cape Canaveral (the "City"). Study objectives in addition to revenue sufficiency included the development of appropriate provisions allowing for equitable recovery of costs from all class of customers including those being provided reclaimed water. 'chis report contains findings, conclusions, recommendations and supporting analysis associated with the design and determination of recommended sewer customer reclassifications, rate structure modifications, reclaimed water rates and sewer rate component adjustments for the next five fiscal years ending 2015/16. We wish to acknowledge the assistance provided by your excellent staff and thank the City for the opportunity to be of service. Very truly yours, Raftelis Financial Consultants, Inc. Marco H. Rocca, C.M.C. Director of Florida Operations Gry of Cape Canaverd Sewer System Table of Contents Executive........................... ........... .............. ....... —....... —_...... ....................... .---_---ES-2 Findings, Conclusions and Recommendations ....... —_—_.......... ------.............................. --.ES-6 Findings and Conclusions ���...........`....`�...'~��... .'....................`......... ...`ES` Recommendations ..... '-_-------...... ......... ... —....... .............. _------...... ES -6 {]enezal.--.... _---.'......... —.--_--.......... ......... ....... —.............. ... .... ... ... -...................... 1 Existing Sewer Revenue Generating Svmtcm—_..... —_............... --...................................... _... .......... 1 Existing Sewer Customers ...... -'-'-'-''—'__.---__'----__—'''----''''''''... —.2 Proposed Reclassifica Lion and Implementation of Reclaimed Water Rates ....... _.......... ........... 5 Corim-lercial Customer —...... ........ ........................... .................................... ...... 3 Rental Propern, Equivalency Basis and Usage Rate Attribute ............. -'''--............ ............ 4 Reclaimed Water Class and Cost Recovery Basis ---_--_—...... Ovenriew of Customer Classification, Eq�dvalency Basis and Rate Structure Chgn ........... Projected Sewer Customers. ---- ....... .............. ........... ......... ....... —_---_'-_............ _—'''� Fiscal Requirements '__-_—'--_----_—'-__-------_----'-----.—'_'--''5 Net Rate Requirements for Fiscal Year —......... ........ _.... .... '...... _'—_-....... '' ..... 6 Allocation of Net Rate Requirements ............................. ............... ....... .—....... --_—_.......... 7 Rate Determinants by Customer Class ................. ........... ........... --- .... ---- ............... ............. 7 Proposed User Rates.. ......................................................... .......... --- ...... —............... ....... -'..... —8 Results of Reclassification, Modification and Adjustments ......... '��....... ....... ____ 8 -Year Revenue, Sufficiency _____________________________________y Proposed Muld-Year User Rates ...... ................ '—.................. ---- ... ...... —......... _-........ 0 RuLe Impact on Typical BbUx_--....... ........... ........ _-----........... --'............ —'............ -'-1O Cornparisons tmOther Communities ......... —... .... ... ...... ...................... ---.... ......... ......... --- ...... 10 Pznforoa Operating Results— ......................... _... ---- ...... --_------_--....... ......... ................ 11 Reserve Fund Balances ..................... ........................... ......... --- ....... ............ ........... ............ .............. .12 Capital Improvement Program Sources and Uses .... ........ ----_...... —........ ............... ........ ............. 13 Conclusions and ....... ..... ....... --- .......... '............... ..... ---- '...... ---- 14 Findingsand -----''... ...................................... ................. ................ ............. 14 Recommenda —''-'....... .......... '---- ..... -.......................... ............................................ -- ... 14 City f Cape Canaveral Sewet Systern List mfTables Table ES -1. Projected Revenue Sufficiency ......... --_—......... --- .................................... ........... .... ES -2 Table E5-2.Current and Proposed Multi -Year Rates and Charges ......... --- ............. __----.... EG -2 'fable ES -3, Typical Bill Impact of Proposed Rate Adjustments bvCustomer Class ----- Table ES-4Other Utility [ iou-------------_-------__----------ES'4 Table BS-5.Proforma Operating Statement and Fund Bulancos—................. —... ....... ............ ....... E5-5 Table1.Existing Ilutea--'.......... --- .......... ....... --... ....... ................ ............... ...................... --........ 2 Table 2Existing ERIJBasis ..... ............................. ............................. ...... --_............ ....... ----- .... —2 Table 1Customer ERl}nUsage and Revenue Relationships ......... —................... ---_--__--.~-3 Table 4. Summary of Cost Recovery Changes... ... .--............... ................ —....................... '_----5 'Fable 5. Projected Fiscal —'''--...... ........ ........ -'-...... ....... —...... ................ ---'6 Table (iNet Rate Requirement ................. '''... —......................... --.......................... '---....... _—'7 TableTCost Allocations .................... —.................. ............. ...... ........................ ---- .... ....................... 7 Table 8. Rate Determinants by Customer Class- .................... .... --- ............................. --- .................. �B Table 9. Determination mFedDscrRutealozFiscal Year 2O12/lJ..—_—''''—_------8 Table l[i f�! 2012/13 Proposed Customer f�Bj]s, Usage and Revenue Relationships- _---__—.8 Table 11. Projected Net Rate ........... .......... —....... ......... ......... .............. ._-................ 9 Table 12.Current and Proposed Multi -Year Rates and —... ..................... ....... ........................ Y Table 1IOther Utility Comparison ......... .............. ........ —...... ...................... —...... .............. ......... .-11 'fable 14LProforma Operating 9nurcmeoT-----.—__---__-----------_-----_-13 Table15. Fund Balances ..................... —..... .................... .................. ................... ............. ................ ... 83 List of Graphs Graph ES -. Customer £RUs,Usage and Revenue Relationships ................... ......... ... ... ...... E5-1 Graph ES -2. FY2Ul1/lJProposed Typical Bill Impacts ... .... —... .......... ...... ............ ...... __ES -3 Graph ES-J.F-YZO12/13 Proposed Customer BROs,Usage and Revenue Relationships..... ...... ES -4 Graph l.FY2Ol2/1]Proposed Typical Bill Impacts ....... '...... ...... ...................... ........................ ...... .1O List of Schedules Schedule 1.Sewer Customer Accounts, BROuand Billable Flow Projections ........ ..... ....... ----S-1 Schedule 2 -Net Rate Fiscal —...... ... ............ ...... ......... —................... —....... ............. S-2 Schedule 3. Capital Improvement Program ........... ........... .... _......... --............. —............................. S-4 Scbedule4LCost Allocations .... --- ... —... ..... ............. —........... ....... ---........ _................................. S-5 City of Cape Canaveral Sewer System Executive Summary The City of Cape Canaveral, Florida (the "City") retained Raftelis Financial Consultants, Inc. (RFC) to conduct a Sewer System Rate Study (the "Study") providing multi-year recommendations for revenue sufficiency through just and equitable cost recovery. The Study utilized a comprehensive approach that incorporated reviews and analyses of customers, operations, and financial requirements, which are discussed in the follo-,Acing portions of this report. The Study process concluded that certain customer reclassifications, rate structure, modifications and the addition of charges for reclaimed water services would be necessary to implement utifoirn rate adjustments on a just and equitable basis. The City's Sewer Utility (the "Utility") customer and financial data were collected and analyzed to identifi, the relationships between the demands (.ERUs), service (Usage) and cost recovery (Revenues) by customer class. The findings of this important ratemaking exercise, as illustrated in Graph ES -1, is that certain imbalances existed, which could be corrected to better normalize these relationships. (In reading this graph, the closer the relationship between ERUs, Usage and Revenues within each customer class, the more normalized are the results; as can be observed, the Revenue green bar associated with Conimercial exceeds both the ERU blue bar and the Usage red bar.) The next item of ratemaking concern involves the sufficiency of revenues to meet the projected Fiscal requirements through 2015/16, based on existing rates. This analysis process included the assumption that future expenses would be subject to inflation and that a long-terrn loan -,vould be FE'S - 1 of Cave Canaveral Sewer Svstem required to fund $2,000,000 of the Capital Improvement Program (CIP). The results of tl-%s analysis are reflected on Table ES -1, which shows the need for additional revenues in future periods. Table ES -1. Projected Revenue Sufficiency' I ,Assumes fiscal requirements are increased to account for inflation and proposed debt service on CISH debt, and revenues remain at current rates. The Study addressed the previously discussed customer imbalances and revenue shortfall in future fiscal years through: (i) the reclassification of certain connections within the Commercial class to a new customer classification of Rental Property, which is comprised of non-residential properties that are developed for the purpose of short to medium term rentals of dwelling units; (ii) adjustment of the Commercail rate factor from 3.0 to 1.25; and (iii) implementalon of a flat rate for recovery of Reclaimed Water. service. Revenue shortfalls in the following fiscal years were addressed through rate adjustments of 5.5 percent for fiscal year 2012/13 followed by 5.0 percent for each successive fiscal year. The individual rates and changes for the multi-year period through fiscal year 2015/16 based on the ctircria discussed above are reflected in Table ES -2. Table ES -2. Current and Proposed Multi -Year Rates and Charges 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 O&M Expenses $2,352,100 $2,440,300 $2,532,300 $2,627,500 52,726,300 Debt Service 727,200 805,100 805,100 805,100 553,400 Transfers 243,400 250,000 270,400 288,900 307,100 Capital from Rates 34,000 34,000 34,000 34,000 34,000 Subtotal $3,356,700 53,529,400 $3,641,800 $3,755,500 $3,620,800 Other Revenues 79,600 79,600 79,600 79,600 79,600 Total Fiscal Requirement $3,277,100 $3,449,800 $3,562,200 $3,675,900 $3,541,200 User Revenues 3,491,900 3,491,900 3,491,900 3,491,900 3,491,900 Difference Amount $ 214,800 $ 42,100 $ (70,300) $(184,000) $ (49,300) Difference Percent 6.15% 1.21% -2.01% -5.27% -1-4.1% I ,Assumes fiscal requirements are increased to account for inflation and proposed debt service on CISH debt, and revenues remain at current rates. The Study addressed the previously discussed customer imbalances and revenue shortfall in future fiscal years through: (i) the reclassification of certain connections within the Commercial class to a new customer classification of Rental Property, which is comprised of non-residential properties that are developed for the purpose of short to medium term rentals of dwelling units; (ii) adjustment of the Commercail rate factor from 3.0 to 1.25; and (iii) implementalon of a flat rate for recovery of Reclaimed Water. service. Revenue shortfalls in the following fiscal years were addressed through rate adjustments of 5.5 percent for fiscal year 2012/13 followed by 5.0 percent for each successive fiscal year. The individual rates and changes for the multi-year period through fiscal year 2015/16 based on the ctircria discussed above are reflected in Table ES -2. Table ES -2. Current and Proposed Multi -Year Rates and Charges 2010/11 2011/12' 2012/132 2013/14 2 2014/152 2015/16 2 Customer Charge per Bill All Classes $1.55 $1.64 $1,74 $1.83 $1,93 $2.03 Readiness to Serve Charge per ERU Single Fatruily $13.38 $14,18 $14.96 $15.71 $16.50 $17,33 Commercilal. $40.14 $42.54 $18.71 $19.65 $20,64 $21.68 Rental Property N/A N/A $14.96 $15.71 $1630 517.33 Public Buildings $1338 $14.18 $14.96 $15.71 $16.50 517,33 Usage Rate per 1,000 gal. Single Family $4.34 $4.60 1,4.86 $5.11 $5.37 $5.64 Commercial $13-02 $13.80 $6.07 $6.38 $6.70 $7.04 Rental Property N/A N/A $4.86 $5.11 $5.37 $5.64 Public Buildings $4.34 $4.60 $4.86 $5,11 $5.37 $5,64 Sewer Flat Rate Nlulti-Fatrtily $22.92 $2430 $25.64 $26.93 $28.28 $29.70 Reclaimed Water Flat Rate per ERIC AD Classes $0.00 $0.00 $6.33 $6.65 $6.99 $734 1 Rates were adjusted JRnwuy 1, 2012. 2 Adjustments effective October 1 of each year ES -2 City of Cape Canaveral Sewer System Examples of the result of these proposed rate changes on typical billings for customer class are shown in Table ES -3, as summarized from Schedules 5A, B, C and D, and illustrated in Graph ES - 2. It should be noted that: 1) the Bill Amt and % Diff for fiscal year 2012/13 are the results of all the changes discusssed in (i), (ii) and (iii) above; and 2) the slight difference between the stated adjustment percentages and the % Diff in the table are due to rounding of the individual rates to the nearest penny as provided in Table ES -2. Table ES -3. Typical Bill. Impact of Proposed Rate Adjustments By Customer Class The proposed typical bill impact for fiscal year 2012/13 differs among the customer classes due to the determination of rates and charges based on apportioned fiscal requirements and customer class determinants for each customer class. Once these relationships between ERUs, Usage and apportioned fiscal requirements have been established, rate adjustments for future years can be conducted through uniform amounts. Illustrated in Graph ES -2 are the differences in typical billing impacts that each customer in each customer class will experience pursuant to the proposed rate changes. The changes for residential customers, Single and Multi -Family, fall within the five percent range. Conimercial class connections are projected to experience a onetime significant decrease based on reducing the previous rate factor on the Readiness to Serve Charge and Usage Rate from three hundred percent to one hundred and twenty-five percent. The varied decreases for those customers that are included within the new Rental ProperqT are also due to the previously stated reduction in the rate factor. 0.00% -10.00% -20.00% -30.00% -40.00% -50.00% -60.00% M Single Family 11 Multi -Family Fm Commercial Rental Property ES -3 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 Class Bill Amt Bill -Aint % Diff Bill Amt % Diff Bill Amt % Diff Bill Arnt % Diff BM Amt % Diff Single Family $36.63 $38,82 5,98% $41.00 5.62% $43.09 5.10% $4.5.28 5.08% $4736 5.04% Multi-Fan-Ldy $22,92 $24.30 6.02% $25.64 5.51% $26.93 5.03% $28.28 5.01% $29,70 5.02% Commercial 1 $106.79 $113.18 5,98% $50.80 -55.12% $53.38 5.08% $56.07 5.04% $58-91 5.07% Rental Propertv $9,067.161$9,610.25 5.99%1 $5,12T05 -46.65% $5,389.38 5.12%1$5,661,69 5.05%1$5,945-82 5.02% Note: Single Family, Multi-Farnily:ind Commerc4M bm;ed on 5,000 gAl usage. Rentil Property b�sed on nverage a(acw-,ti us-.ige Cor Elie four Itcnial Properry The proposed typical bill impact for fiscal year 2012/13 differs among the customer classes due to the determination of rates and charges based on apportioned fiscal requirements and customer class determinants for each customer class. Once these relationships between ERUs, Usage and apportioned fiscal requirements have been established, rate adjustments for future years can be conducted through uniform amounts. Illustrated in Graph ES -2 are the differences in typical billing impacts that each customer in each customer class will experience pursuant to the proposed rate changes. The changes for residential customers, Single and Multi -Family, fall within the five percent range. Conimercial class connections are projected to experience a onetime significant decrease based on reducing the previous rate factor on the Readiness to Serve Charge and Usage Rate from three hundred percent to one hundred and twenty-five percent. The varied decreases for those customers that are included within the new Rental ProperqT are also due to the previously stated reduction in the rate factor. 0.00% -10.00% -20.00% -30.00% -40.00% -50.00% -60.00% M Single Family 11 Multi -Family Fm Commercial Rental Property ES -3 City of Cape Canaveral Sewer System Graph ES -3 is provided to illustrate the effectiveness of the proposed reclassification and rate structure modifications on providing a closer relationship between ERUs, Usage and Revenue for each customer class. As illustrated in the graph, the green bar more closely approximates the levels of the blue and red bars. comparison of typical Single Family monthly wastewater service and reclaimed water service bill amounts, exclusive of taxes and other charges, is provided in Table ES -4. It is important to note that utilities throughout Florida and the nation differ significantly in the way they are capitalized, operate, service areas, customer characteristics, geographical location, quality of sen ice, community standards and many other factors. These differences are all reflected in the amounts charged and impact on customer classes. Additionally, a significant number of utilities use water revenues to subsidize sewer revenue shortfalls. This combined revenue approach to rates is not uncommon; however, since the City provides only sewer services the sewer rates herein more accurately reflect the costs of such services. Table ES -4. Other Utility Comparison Single Family 5,000 gal Seaver and Reclaimed 10,000 gal Service (current rates as of February 2012) E,S-4 Sewer Reclaimed City of Cape Canaveral $38.82 X0,00 Neighboring Utilities Brevard County Barefoot Bay $52.61 $6.00 North Brevard $32.66 $6.00 City of Cocoa ;39.18 $$7.06 City of Cocoa Beach $24.09 $9.11 E,S-4 of Cane Canaveral Sewer Svstem Table ES -4. Odder Utility Comparison (continued) Single Family 5,000 gal Sewer and Reclaimed 10,000 gal Service (current rates as of February 2012) City of Holly 1 -IM City of Melbourne City of Satellite Beach Town of Indialantic City of New, Smyrna Beach City of Edgewater City of Titusville City of Palm Bay City of RocIdedge City of Vero Beach City of West Melbourne Average of Other Utilities Sewer Reclaimed $33,41 N/A $41.67 $8,00 $52.07 N/A $52.07 N/A $34.77 $10.00 $35.01 $9.50 $45.47 $8.00 $38.93 $18.42 $26.65 $10.00 $37.84 $19.20 $35.03 58.00 $38.76 $9.94 The effectiveness of the proposed changes to provide revenues that are sufficient to provide for the projected fiscal requirements including debt service for a proposed loan and reestablish necessary reserve levels is demonstrated in Table ES -5 as sunu-narized from Tables 14 and 15 in, the body of this report. The additional surpluses in the Proforma Operating Statement are accumulated in the Unrestricted Operation Reserve Fund to assist in reestablishing necessary levels of reserves to address crediLworthi-ness of the Utility and be available for emergencies. Table ES -5. Proforma Operating Statement and Fund Balances 2011/12 2012/13 2013/14 2014/15 2015/16 Operating Proforma Fiscal Requirements $3,356,700 $3,529,400 $3,637,800 $3,758,800 $3,633,600 Other Revenues 79,600 86,200 89,600 87,600 87,800 Net Rate Requirements $3,277,100 $3,443,200 $3,548,200 53,671,200 $3,545,800 User Revenues 3,491,600 3,449,300 3,627,000 3,813,000 4,008,300 Surplus (Deficit) $214,500 $6,100 $78,8,00 $141,800 $462,500 Fund Balances Unrestricted Operating Reserve Fund Beginning Balance $1,647,900 $1,451,400 $ 1,457,500 $1,536,300 $1,238,900 Annual Operating Surplus 214,500 6,100 78,800 141,800 462,500 Transfer in from DSRF - - - - 435,500 Transfer to Project Fund 411,000 439,200 367,400 Ending Balance S 1,451,400 $1,457,500 $1,536,300 $1,238,900 $1,769,500 Expansion Fund Beginning Balance 49,800 Assessment Fees - Transfer to Project Fund - Interest Earnings 400 Ending Balance $ 50,200 S 50,200 72,900 $ 15,900 $ 39,700 22,300 23,000 23,700 24,400 - 80,000 - - 400 - 100 300 5 72,900 $ 15,900 $ 39,700 $ 64,400 FS -5 Of Cate Canas-eral Sever .Findings and Conclusions The findings and reconunendations presented herein were formulated based on reviews, analyses, connnunity standards and ratemaking principles all predicated on existing and anticipated conditions. 1. 3. a. The existing rates are not sufficient to fully fund the current budgeted and projected operating, debt service, transfers and other requirements of the Utility. b. The Study .made provisions to increase the revenues generated by the system and provide for debt funding of CTP to tniniinize the annual cash requirements. a. Uses of reserves accumulated froin the prior gear's earnings to address the rate deficiencies are not adequate and depletion of the reserves will reflect negatively on the Utility's creditworthiness. b. Debt funding is to be initiated to reduce the burden on operating reserves and rate funded pay-as-you-go capital funding needs. a. The current rate structure does not fully address the custorner characteristics and. community standards, and places an undue burden on certain customer classes. b. Reclairried water service is a valuable service and costs for such services should be recovered from those who benefit through a rate structure that does not require an added expense of metering usage. c. Connections with multi -dwelling rental activities exhibit unique characteristics and should be classified independent of other Commercial and Multi -Family connections with an equivalency basis relating to dwelling units in lieu of meter size. d. The rate factor currently utilized for Commercial connections no longer reflects the additional demand and loading characteristics of non-residential connections. Recommendations Pursuant to the objectives, findings and conclusions previously discussed and the reviews, analyses, and assumptions summarized herein, along with the needs of the corununity, the application of ratemaking principles, and the consultant's experience with siizrilar utilities, it is recommended that:. 1. The City proceed to revise the applicable sections of the Code of Ordinance to reflect the Rental Property and Reclaimed Water customer classifications including the basis of determining equivalencies and applicable rate structures. 2. The City proceed to adopt the multi-year rates identified herein as summarized in Table 12 with an effective date of the first full billing period after October 1 of each fiscal year. 3. The City address the need to obtain $2,000,000 in construction proceeds fromm the issuance of long term debt in a timely manner. 4. A reevaluation of revenue sufficiency be conducted in the event of any rnatcrial change in customers, operations, fiscal requirements, annual inflation in excess of 3.5 percent or other items that adversely affect the Utility. ES -6 of Cane Canaveral Sewer The revenues, expenses, costs, and criteria associated with ratemaking are representative of averages that are developed primarily from historic and projected data. A significant amount of historical review and analysis together with the development of assumptions based on prudent engineering, Financial, and ratemaking relationships have been utilized in the development of the proposed rates, fees, and charges proposed herein. Some of the assumptions Nvill inevitably change or not materialize and unanticipated events may occur which could significantly change the results presented herein. The findings, conclusions and recommendations presented herein were formulated based on reviews, analysis and input from City staff, together with and predicated on existing conditions, community standards and ratemaking principles. ES -7 City of Cape Canaveral SeNver Systern General The City of Cape Canaveral, Florida (the "City") retained Raftelis Financial Consultants, Inc. (RFC) to provide professional services concerning a multi-year Sewer System Rate Study (the "Study") Nvith the primary goal and objective being that the recommendations result in: (i) operating revenues, which together with other available resources, that are sufficient to provide for 100 percent of the fiscal requirements for the City's Sewer Utility (the "Utility"); (ii) just and equitable rate structure and rates; and (iii) administratively compatible and publicly understandable system of cost recovery. Important considerations that the City specifically requested were the evaluation of the Commercial rate structure and the. cost recovery of reclaimed water services. The Study uses a methodology predicated on cost of service ratemaking principles that also takes into consideration the existing rate structure, City policies, economic conditions, and community standards. This process results in cost recovery provisions where reasonable relationships exist between the amounts paid by customers and the benefits /services provided to the customers. Sewer related customer benefits and services include the availability of service capacity, the collection, treatment, environmentally responsible disposal of treated effluent and provision of reclaimed water for reuse purposes. The approach used in this Study followed ratemaking protocol, which includes reviews of historic, current and projected customers by category, fiscal requirements and enterprise financials. The approach also takes into consideration concerns the City and community have regarding the appropriateness of the criteria used for Commercial customers. The results of this Study contain forecasts and results that are based on assumptions of future events, which twill inevitably change; however, a significant amount of historical reviews and analyses, together with the development of assumptions based on prudent engineering, financial and ratemaking relationships, have been utilized in the development of the findings, conclusions and recommendations presented herein. Existing Sewer Revenue Generating 'System The Utility's existing cost recovery system for providing sewer service is comprised of (i) user rates and charges (monthly usage charges); (ii) other charges for services (special service requests, penalties, interest earnings, reclaimed water hook-up fees, miscellaneous sellrices, etc); and (iii) Assessment Fees from new connections. It should be noted that operating revenues provided through user rates and charges, and other charges for services are unrestricted and primarily utilized to pay the Utility's operating and maintenance expenses and capital improvements; whereas Assessment Fee revenues, which are actually impact fees, are restricted and limited for use in expansion related projects and debt service. The Utility's existing cost reCoVer)r System was last adjusted with the adoption of Resolution No. 2007-25 on September, 18 2007, effective January 1, 2008, and provided for annual rate adjustments through fiscal year 2011/12. 'I'lic existing rate structure provides for the following: 1. Sewer Customer Charge — a uniform charge per bill. 1 Sewer Readiness To Serve Charge — a uniform charge per Equivalent Residential Unit (ERU), where one FRU is equal. to the service characteristics of a Single Family dwelling unit. 3. Sewer Usage Cost — a charge based on the recorded billable metered water usage and a uniform rate per 1,000 gallons. 4, Flat Charge — a flat charge per residential dwelling unit for 1\1ulti-Famfly class only, City of Cape Canaveral Sewer Systein Summarized in Table 1 are the existing rate component amounts effective as of January 1, 2012, It should be noted that the City currently does not charge for reclaimed water to customers Nvthin the City's service area nor to the City of Cocoa Beach and Port Canaveral, which have agreements for reclaimed water. Table 1. Existing Rates Amount Customer Billing Charge per Bill S 1.64 Alonrl-iJy Readiness to Serve per ERU' $14-18 Usage Rate per 1,000 gallons of Usage' $4,60 Monthly Flat Charge (Multi-Familyonly)$24.30 1 Commerci,,d connection at 3.0 times. Other operating revenues consist of amounts accumulated from specific charges for specific senices provided including. (i) inspection/tap fees; (ii) wastewater discharge permit fees, and (iii) reuse hook- up fees; as well as late charges, penalty income, interest income and other miscellaneous charges. All new connections to the Utility are required to pay an Assessment Fee based on $2,337.81 per E-R'U. Assessment Fee revenues are accounted for separately with their use limited to expenditures relating to system expansion facilities and debt service. Existing Suver Customers Custorner classifications as established through the Rate Ordinance consist of, (i) Single Family - detached residential dwelling units other than mobile homes; (ii) Multi-Fanffly - attached residential dwelling units either individually or master metered; (iii) Con-n-nercial - nonresidential connections; and (iv) Public Buildings - all connections associated with public purposes by any department or branch of government, state, county or municipal, without reference to the ownership of the building or of the realty upon which it is situated. Also established through the Rate Ordinance is the equivalency basis referred to as ERU, which relates a Single Family dwelling unit to other customer classifications, dwelling units and sizes of connection. The ERU basis for Single Family, Coiru-nercialand Public Building classifications is shown in Table 2. Table 2. Existing ERU Basis Meter Size ERU 3/4" 1.00 1.011 2.50 1.5" 5.00 2.0" 8,00 3.011 15.00 4.011 25.00 6,011 60.00 8.0" 80.00 A billing frequency analysis was conducted based on the billing records from the most current fun fiscal year data at the Study's commencement. The primary purpose of the billing frequency analysis is to identif , the relationships between the den -lands (ERUs), sen~ice (Usage) and cost recovery (Revenues) by customer class. Summarized in Table 3 are the results of the billing frequency City of Cape Canaveral Sewer Systern analysis, indicating relative differences between ERUs, Usage and Revenues, namely within the Commercial class. These differences are primarily due to the effects of the existing rate structure and rates, which are addressed in this Study. Table 3. Customer ERUs, Usage and Revenue Relationships I In thousands of gallons, 2 :tingle Family Billable Usage was capped at 7,000 gahons per month in the rest pnr. It is no longer capped. Proposed Reclassification and Implementation of Reclaimed Water Rates An important aspect of classifying customers, selecting rate structures, establishing equivalency criteria and setting rates is to address the requirements of Chapter 180.13 (2) FS, which in part states. "(2) The city council, or other legislative body of the municipality, by whatever name known, may establish just and equitable rates or charges to be paid to the municipality for the use of the utility by each person, ..." just refers to the relationship between the costs of services and the benefits of such services to the customer; whereas, equitable refers to similarity and consistency of charges within and among all customer classes. just and equitable cost recovery results in reasonable relationships between cost and scivices such that customers do not either overly benefit from or subsidize other customer services due to classification, equivalency, rate structure and/or rate attributes. A review of the current cost recovery system identified two areas directly affecting the Utility's ability to maintain just and equitable charges for services. These two areas are: 1) the level of revenues provided by the Commercial custorner class, and 2) the provision of reclaimed water to certain properties within the City at no charge. These areas of concern can be addressed through customer reclassification, rate structure modifications and implementation of reclaitned water rates. Commercial Customer Classification Commercial customers, as illustrated in Table 3, accounted for 4.8 percent of the total ERUs, contribute 15.1 percent of the billable flow and provide 25.2 percent of the revenues. This imbalance between ERUs, flow and revenue is due to both the characteristics of some of the customers currently included within this classification and the current policy of increasing Commercial rates by three times the Single Family rate. The Commercial class currently includes connections whose businesses are that of a hotel, motel or similar rental operation, wldch are materially different from the operations of the standard grouping of other Commercial connections (retail stores, offices, restaurants, etc.). Considering that the Utility's ex sting customer categories recognize connections with multiple dwelling units as a separate category and after review of raternaldng principles together with discussions with City staff, tl-us Study concluded that it is appropriate to add a new Rental Property user class consisting of connections with multiple dwelling units that are rented/leased as a hotel or motel property. The addition of this new customer class necessitates the review and development of appropriate rate setting attributes for both the remaining Commercial connections and the newly identified Rental Property, connections. Commercial connections are currently identified pursuant to meter Average Connections (monthly) % ERUs % Billable Usage Amount' % Revenues Amount % Single FailluY2 1,717 65.3% 1,723 19.6% 65,374 20.5% $ 538,393 1&0% Multi -Family 728 27.7% 6,582 74.7% 198,210 62.2% 1,720,389 55.4% Commercial 149 5.7% 423 4,89/ol 47,990 15.1% 783,625 25.2% Public Building 36 1.4% 81 0,9% 7,004 12% 41,544 1.3% Total 2,630 100.0% 8,809 100,0% 318,578 100.0%J $3,103,951 100.0% I In thousands of gallons, 2 :tingle Family Billable Usage was capped at 7,000 gahons per month in the rest pnr. It is no longer capped. Proposed Reclassification and Implementation of Reclaimed Water Rates An important aspect of classifying customers, selecting rate structures, establishing equivalency criteria and setting rates is to address the requirements of Chapter 180.13 (2) FS, which in part states. "(2) The city council, or other legislative body of the municipality, by whatever name known, may establish just and equitable rates or charges to be paid to the municipality for the use of the utility by each person, ..." just refers to the relationship between the costs of services and the benefits of such services to the customer; whereas, equitable refers to similarity and consistency of charges within and among all customer classes. just and equitable cost recovery results in reasonable relationships between cost and scivices such that customers do not either overly benefit from or subsidize other customer services due to classification, equivalency, rate structure and/or rate attributes. A review of the current cost recovery system identified two areas directly affecting the Utility's ability to maintain just and equitable charges for services. These two areas are: 1) the level of revenues provided by the Commercial custorner class, and 2) the provision of reclaimed water to certain properties within the City at no charge. These areas of concern can be addressed through customer reclassification, rate structure modifications and implementation of reclaitned water rates. Commercial Customer Classification Commercial customers, as illustrated in Table 3, accounted for 4.8 percent of the total ERUs, contribute 15.1 percent of the billable flow and provide 25.2 percent of the revenues. This imbalance between ERUs, flow and revenue is due to both the characteristics of some of the customers currently included within this classification and the current policy of increasing Commercial rates by three times the Single Family rate. The Commercial class currently includes connections whose businesses are that of a hotel, motel or similar rental operation, wldch are materially different from the operations of the standard grouping of other Commercial connections (retail stores, offices, restaurants, etc.). Considering that the Utility's ex sting customer categories recognize connections with multiple dwelling units as a separate category and after review of raternaldng principles together with discussions with City staff, tl-us Study concluded that it is appropriate to add a new Rental Property user class consisting of connections with multiple dwelling units that are rented/leased as a hotel or motel property. The addition of this new customer class necessitates the review and development of appropriate rate setting attributes for both the remaining Commercial connections and the newly identified Rental Property, connections. Commercial connections are currently identified pursuant to meter City of Cape Callax-eral Sewer System equivalency criteria that reasonably reflect the demand and service levels associated with the size of each connection's water meter. This is a common and nationally accepted ratemaking practice and, therefore, no change is being considered pursuant to the use of meter equivalency criteria. Hoxvevcr, reducing the existing Commercial charge factor to better represent Commercial service cost characteristics is advisable. Tlvs Study does recognize that commercial customers as a class have the propensity to discharge wastewater containing higher loading characteristics than domestic flows, and can place 1-tigher levels of service demands on the system and pose greater chemical and financial risks to the system than residential customers- Considering these factors and the composition of remaining commercial connections, this Study proposed a reduction from 3.0 to 1.25 as a reasonable basis to address the differences between residential and cortirnercial cost recovery. Rental Property Equivalency Basis and Usage Rate Attribute The selection of an equivalency basis for Rental Property customers relies upon similar criteria as used to set the existing equivalency basis for Multi -Family connections. The criteria utilize the number of dwelling units as the basis for setting each connection's ERUs. The primary difference in selection of equivalencies between Nfulti-Family and Rental Property categories is that Multi. -Family dwelling units in general are similar in wastewater discharge characteristic (sewer fixture units) to that of Single Family dwelling units; whereas, Rent -at Property dwelling units in general do not have kitchen and additional bath facilities associated with. most Multi -Family and Single Family dwellings. A sewer fixture unit relates to a drain or opening that allows for the discharge of wastewater. Therefore, the level of demand associated with Rental Property connections is lower than for '.kfulti- Family connections. This distinction allows for the use of a 0,75 equivalency factor in determining the ERUs for Rental Property connections. Further review of the Rental Property customer class identified that unlike the flow characteristics of Multi -Family connections, which allowed for setting a Flat Rate per dwelling unit, the flow associated with Rental Property connections involve activities that are materially different and not as consistent as those for Multi -Family connections, Therefore, this Study proposes that in addition to a Customer Service Charge per bill and Readiness to Service Charge per dwelling unit, each Rental Property pays for metered flow based on a uniform Us -age Rate. Reclaimed Water Class and Cost Recovery Basis Information provided by the City indicates that, in addition to providing bulk reclaimed water to the City of Cocoa Beach and Port Canaveral, the Utility provides reclaimed -water to approximately 1,103 properties through unmetered 1, 2 and 4 -inch lines. Currently, the costs for reclaimed water services, including wastewater effluent filtration, disinfection, storage, pumping and distribution, are not recovered individually from those who directly benefit, as the services are free of charges. The cost of providing the reclaimed water service is included in and recovered from the other charges for services. In developing a rate structure and rates for reclaimed water services, it is important to realize that currently due to unmetered connections it is impractical and cost prohibitive at this time to meter the usage of each connection. Unlike potable water that is used for many different purposes and allows for classification of different customers, reclaimed water is primarily for irrigation purposes and therefore representative of one customer class. Additionally, the e-,j'Stj'jjg System of assessing ERUs based on dwelling unit or water meter size is not applicable and requires a new equivalency basis be established to identifi, service levels among the different sizes of connections to the 4 City of Cape Canaveral Sewver System reclaimed water system. An equivalency basis referred to as :Equivalent Reclaimed Irrigation Connections (ERIC) is proposed setting the service levels for charge purposes as: 1 -inch connection = l ERIC 2 --inch connection = 4 ERICs 4 -inch connection = 12 ERICs The rate structure for Reclaimed Water connections is limited to a flat monthly charge per ERIC due to the unmetered condition of all connections. Overview of Customer Classification, Equivalency Basis and Rate Structure Changes The proposed changes and modifications are intended to provide closer relationships between and among the customers with respect to the cost recovery of sewer services than previously identified through the billing frequency= analysis shown in Table 3. Sturs arized in Table 4 are descriptions of the proposed adjustments and modification to the Utilityr's system of cost recovery. "fable 4. Summary of Cost Recovery Changes Customer Class E uivalenc Basis Rate Structure Sin le Fanvl r No Chane No ChaaE. MLlti-Farnily No Chane No Chan. Public Buildings No Change No Change Conunercial No Chane Rate Index Reduction From 3.0 to 1.25 Rental Property 0.75 ERU Per Dwelling Unit: Addition of Billing Charge Per Bill, Readiness To Service Charge per ERU And Usage Rate Per 1,000 Gaal. Reclaimed Water Per Line Size Addition of Flat Rate Per ERIC plus a Billing Charge Per Hill if billed separately Projected Sewer Customers Projections of Sewer Customers for the five year projection period is based on a review of historic activities, available larid use .writhin the City's sewer service area and discussions with City staff. The results, primarily due to the current economic conditions, suggest that the ;growth amount is relatively= small and limited. The growth projections by customer class consist of the following, as summarized from.. Schedule I: • Single Family} customers are projected to increase by 2 connections per year. • Multi -Family customers are projected to increase by an average of 7 equivalencies per year. • Rental Property customers are projected to increase by 120 Dwelling Units in FY 2012.%13 with the addition of an assisted living center. • Commercial and Public Building are projected to remain constant -,with no increases. Fiscal Requirements Fiscal requirements consist of all expenditures required for the Sewer enterprise regardless of classification. In general, the fiscal requirements can be categorized as Operating and Maintenance (OB.AI) Expenses, Debt Service, Transfers and Capital as summarized beloww: O&M Expenses — consists of fixed and variable expenses related to labor, materials, supplies, services, etc, required to manage and operate the Utility at the required level of sen'Tice; City of Cape Canaveral Sever System Debt Service — consists of principal and interest on bonds, loans or other debt instruments with associated revenue requirements pursuant to covenants contained in the loan agreement or debt authorizing resolution. Debt Service can also include payments associated with capital leases and classified pursuant to the seniority of the lied provision on the securi€ r or payment provisions of the debt. Transfers — consist of payments in lieu of taxes, provisions for reserves including Renewal and Replacement (R&R) and/or other specified purposes. Capital — consists of scheduled expenditures pursuant to the City's adopted. Capital Improvement Program (CIP) funded from operations, reserves, debt or other sources. The City's Annual Budget for .Discal Year 2011/12 (the "Budget") was used as the basis for projecting the fiscal requirements for the fire year period ending fiscal year 2015/16. This total fiscal requirement is comprised of. 1) amounts to be funded by operating sources (annual cash flow from user rates, other revenues); and ) amounts associated with capital requirements derived from operating sources, existing .reserves, debt proceeds and/or grants. Projected fiscal requirements in Table 5, as summarized from Schedules 2 and 3, include annual escalations for inflation and growth, allowance for R&R to address ongoing system refurbishments and debt service for proposed debt to provide $2,000,000 for capital irnprovernents. Table 5. Projected Fiscal Requirements Total Fiscal Requirement $4,197,900 $4,336,800 $$4,462,800 $4,215,400 $4,001,000 1 Includes provision for proposed CII' funding 1"'»let Rate Requirements for Fiscal Year 2012/13 Net rate requirements refer to the required amount of revenues that steed to be generated from user rates and charges after Other Revenues and CIP amounts have been subtracted from total fiscal requirements. Fiscal year 2012/13 was selected for the initial rate determination period with rates for subsequent fiscal years to be adjusted based on revenue sufficiency requirements. A uniform percentage revenue sufficiency adjustment for fiscal year 2012/13 is not applicable due to proposed reclassification., addition of reclaiined water rates and reduction of the Commercial rate factor. Additionally, the use of existing Utility reserves to reduce the net rate requirements is not contemplated or advisable. The Utility reseives at this time are considered minimal and should not be used in lieu of generating the required revenues from modifications and adjustments to the schedule of rates and charges for sewer and reclauned water services to customers within the City's service area. Furthermore, providing for increasing the level of unrestricted reserves and establishing an R&R reserve will increase the Utility's creditworthiness, provide funding for future cost effective projects and allow opportunities for future rate stabilization. The net rate requirement for fiscal year 2012/13 is provided below in Table 6. 6 2011/12 2012/13 2013/14 2011/15 2015/16 CO&141 Expenses $2,352,100 $2,440,300 $$2,532,300 $2,627,500 $2,726,200 Debt Service r 727,200 805,100 805,100 805,100 553,400 Transfers 243,400 250,000 266,400 292,200 320,000 Capital from. Rates 34,000 34,000 34,000 34,000 34,000 Subtotal $3,356,700 $3,529,400 $3,637,800 $3,758,800 $3,633,600 CIP 841,200 807,400 825,000 456,600 367,400 Total Fiscal Requirement $4,197,900 $4,336,800 $$4,462,800 $4,215,400 $4,001,000 1 Includes provision for proposed CII' funding 1"'»let Rate Requirements for Fiscal Year 2012/13 Net rate requirements refer to the required amount of revenues that steed to be generated from user rates and charges after Other Revenues and CIP amounts have been subtracted from total fiscal requirements. Fiscal year 2012/13 was selected for the initial rate determination period with rates for subsequent fiscal years to be adjusted based on revenue sufficiency requirements. A uniform percentage revenue sufficiency adjustment for fiscal year 2012/13 is not applicable due to proposed reclassification., addition of reclaiined water rates and reduction of the Commercial rate factor. Additionally, the use of existing Utility reserves to reduce the net rate requirements is not contemplated or advisable. The Utility reseives at this time are considered minimal and should not be used in lieu of generating the required revenues from modifications and adjustments to the schedule of rates and charges for sewer and reclauned water services to customers within the City's service area. Furthermore, providing for increasing the level of unrestricted reserves and establishing an R&R reserve will increase the Utility's creditworthiness, provide funding for future cost effective projects and allow opportunities for future rate stabilization. The net rate requirement for fiscal year 2012/13 is provided below in Table 6. 6 City of Cape Canaver"11 Sewer System Table 6. Net Rate Requirement 1 Includes provision for proposed CIP funding Allocation of Net Rate Requirements Deterrnination of each charge or rate is dependent on cost allocations pursuant to reasonable relationships between the cost and rate service component. The cost allocations shown in Table 7 as surra-nanzed from Schedule 4 will be used as the cost basis in determining the individual charges and rates that comprise the user rate revenue generation system for the Utility. Cost allocations for Multi -Family takes into consideration certain system cost savings economies, such as less expense and maintenance for gravity sewer facilities. Table 7. Cost Allocations 2012/13 O&M Expenses $2,440,300 Debt Service 805,100 Transfers 250,000 Capital from Rates 34,000 Subtotal $3,529,400 Other Revenue 86,200 Net Rate Requirement $3,443,200 1 Includes provision for proposed CIP funding Allocation of Net Rate Requirements Deterrnination of each charge or rate is dependent on cost allocations pursuant to reasonable relationships between the cost and rate service component. The cost allocations shown in Table 7 as surra-nanzed from Schedule 4 will be used as the cost basis in determining the individual charges and rates that comprise the user rate revenue generation system for the Utility. Cost allocations for Multi -Family takes into consideration certain system cost savings economies, such as less expense and maintenance for gravity sewer facilities. Table 7. Cost Allocations Net Rate Req, $ 3,443,200 $ 54,400 S 491,100 S 725,000 $ 1,104,400 $ 903,800 $ 164,500 Rate Determinants by Customer Class Rate determinants represent the number of billing events, ERUs and/or 1,000's of billable gallons that function as the denominator with respect to calculating each charge or rate. Determination of the rate determinants is based on the equivalency basis and rate stnicture identified for each customer as previously summarized in Table 4. Dividing the rate determinants into the amount of costs apportioned for each rate element provides the functional rate for each rate structure component. For ratemaking purposes the: (i) total number of accounts/connections are used to deter -nine the mond-Ay Customer Service Charge; (H) total number of ERUs are used to deterimine the monthly Readiness to Serve Charge, (iii) total amount of usage is used to determine the Usage Rate per 1,000 gallons; and (iv,) the total F,,RICs are used to determine the Reclaimed \Vater flat charge. It should be noted that the Multi -Family flat charge is determined through the use of both Multi -Family ERL,s and usage. Rate determinants associated with Sewer and Reclaimed \Vater services by customer class are surru-narized in Table 8. Total Customer Readiness Char To Serve Usage Rate Multi -Family ERU Usage Reclaimed Water O&M $2,440,300 $ 37,600 $398,400 $501,300 . $ 763,600 $624,900 S 114,500 Debt Service 805,100 12,500 131,400 165,400 252,000 206,200 37,600 Transfers 250,000 3,800 40,800 51,400 78,200 64,000 11,800 Capital 34,000 500 5,600 6,900 10,600 8,700 1,700 Total Allocated $3,529,400 5 54,400 $576,200 $725,000 $1,104,400 $903,800 S 165,600 Other Revenues 86.,200 - 85,100 - - 1,100 Net Rate Req, $ 3,443,200 $ 54,400 S 491,100 S 725,000 $ 1,104,400 $ 903,800 $ 164,500 Rate Determinants by Customer Class Rate determinants represent the number of billing events, ERUs and/or 1,000's of billable gallons that function as the denominator with respect to calculating each charge or rate. Determination of the rate determinants is based on the equivalency basis and rate stnicture identified for each customer as previously summarized in Table 4. Dividing the rate determinants into the amount of costs apportioned for each rate element provides the functional rate for each rate structure component. For ratemaking purposes the: (i) total number of accounts/connections are used to deter -nine the mond-Ay Customer Service Charge; (H) total number of ERUs are used to deterimine the monthly Readiness to Serve Charge, (iii) total amount of usage is used to determine the Usage Rate per 1,000 gallons; and (iv,) the total F,,RICs are used to determine the Reclaimed \Vater flat charge. It should be noted that the Multi -Family flat charge is determined through the use of both Multi -Family ERL,s and usage. Rate determinants associated with Sewer and Reclaimed \Vater services by customer class are surru-narized in Table 8. City of Cape Can-m-eral Sewer System 11 . .... . ........ . - Table 8, Rate Determinants by Customer Class Accounts Single Family 1,719 1\1ulti-Falmijy 729 Corm-nercial 143 Rental Properties 7 Public Buildings 36 Total 2,634 I In thousands of gallons. Multi -Family Reclaimed ERUs Usage' ERU ERIC 1,725 76,971 835 14,511 4.3% 6,589 1,205 409 18,139 88 641 39,571 $491,100 76 7,144 57 2,851 141,826 6,589 2,185 Proposed User Rates The proposed values of the rate structure components were developed based on the aforementim-ied cost allocations and rate determinants. The proposed user rates for fiscal year 2012/13, together Nvith the cost allocation, determinants, existing user rate and differences presented in Table 9. Table 9. Determination of Proposed User Rates for Fiscal Year 2012/13 Results of Reclassification, Modifications and Adjustments The customer ERU, Usage and Revenue relationships previously presented in Table 3 reflected relative differences in cost recovery among the various customer classes. Redevelopment of a similar -analysis predicated on the proposed reclassification, modifications and adjustments result in the relative relationships between the customer classes being more closely aligned. The results of these proposed changes, shown in Table 10, demonstrate the effectiveness of reestablishing a rate ,structure and rates that are reasonably just and equitable to all customers. Table 10, FY 2012/13 Proposed Customer ERUs, Usage and Revenue Relationships Connections % Single Family Multi-Farnili, Commercial Rental Properties Public Bldg. Grand Total 1 In thousands of gallons. 1,719 729 143 7 36 65.3% 273% 5.4% 0.3% 1.4% 2,634 100.0% ERUs % 1,725 18.00/c 6,589 68.8% 327 3.4% 855 8.9% 76 0.8% 9,572 100.0% Annual Usage Amount I Customer Readiness Usage Multi -Family Reclaimed 14,511 4.3% To Serve Rate Flat Rate Flat Rate Allocated Net Rate RcqLdrement $ 54,400 $491,100 $725,000 $ 2,008,200 $ 164,5(10 Annual Determinants 31,608 34,212 141,826 79,068 26,220 User Rate per Determinant' $ 1.73 $ 14.36 $ 5.12 $ 25.40 6.27 Existing 3 1.74 $ 14,96 $ 4.86 $ 25.64 6.33 Amount Difference $ (0.01) $ (0.60) $ 0.26 $ (0-24) $ (0.06) Percentage Difference -0-57% -4-01% 535% -0,94% N/A 1 Result of dividing A11OCated Net Rate Requirement by Annual Detern'a riants Results of Reclassification, Modifications and Adjustments The customer ERU, Usage and Revenue relationships previously presented in Table 3 reflected relative differences in cost recovery among the various customer classes. Redevelopment of a similar -analysis predicated on the proposed reclassification, modifications and adjustments result in the relative relationships between the customer classes being more closely aligned. The results of these proposed changes, shown in Table 10, demonstrate the effectiveness of reestablishing a rate ,structure and rates that are reasonably just and equitable to all customers. Table 10, FY 2012/13 Proposed Customer ERUs, Usage and Revenue Relationships Connections % Single Family Multi-Farnili, Commercial Rental Properties Public Bldg. Grand Total 1 In thousands of gallons. 1,719 729 143 7 36 65.3% 273% 5.4% 0.3% 1.4% 2,634 100.0% ERUs % 1,725 18.00/c 6,589 68.8% 327 3.4% 855 8.9% 76 0.8% 9,572 100.0% Annual Usage Amount I % 76,971 22.9% 198,421 58.9% 14,511 4.3% 39,571 11.8% 7,144 2.1% 336,619 100.0% Revenues Amount % 783,100 22.7% 2,134,000 61.9% 171,200 5.0% 307,600 8.9)/b 53,400 1.5% $ 3,449,300 100.0% M City of Cape Canaveral Sewer System Multi -Year Revenue Sufficiency The fiscal requirements previously established for the five year Study period included allowances for R&R but did not have any provisions to address increasing the unrestricted operating reserves to levels that will address creditworthiness and provide for emergencies. Proposed herein are future rate adjustments that -.will continue to meet the forecasted increases resulting Cron-] inflation and additionally gradually build the operating reserves to desired levels. 'The forecasted fiscal requirements together with rate adjustments are shown in Table 11. Table 11. Projected Net Rate Requirements Proposed Multi -Year User Rates The schedule of user rates and charges for fiscal years 2010/11 through 2015/16 are presented in Table 12. The rates and charges are adjusted by the annual percentages shown in Table 11; however, the calculated percentage of any particular rate adjustment may be slightly different due to rounding the rate or charge to a whole penny. Table 12. Current and Proposed Multi -Year Rates and Charges 2010/11 2011/12' 2012/13 2 2013/14 ' 2014/15 2 2015/16 2 Customer Charge per Bill 2011/12 2012/13 2013/14 2014/15 2015/16 O&M Expenses $2,352,100 $2,440,300 $2,532,300 $2,627,500 $2,726,200 Debt Service 727,200 805,100 805,100 805,100 553,400 Trans to GF & R&R 243,400 250,000 266,400 292,200 320,000 Trans to Operating Reseiv c 214,500 6,100 78,800 141,800 462,500 Capital from Rates 34,000 34,000 34,000 34,000 34,000 Subtotal $3,571,200 $3,535,500 $3,716,600 $3,900,600 $4,096,100 Other Revenue 79,600 86,200 89,600 87,600 87,800 Net Rate Requirement $3,491,600 $3,449,300 $3,627,000 $3,813,000 $4,008,300 Future Rate Adjustments $13-80 5.50% 5.00% 5.00% 5.00% t Transfers for R&R are based on 3.5% of prior year's revenues for 2012/13, 4,0'i', for 2013/14, 4.544 for 2014/15 ind 5_0% 2015/16. Public Buildings $434 $4.60 $4.86 $5.11 $5.37 Proposed Multi -Year User Rates The schedule of user rates and charges for fiscal years 2010/11 through 2015/16 are presented in Table 12. The rates and charges are adjusted by the annual percentages shown in Table 11; however, the calculated percentage of any particular rate adjustment may be slightly different due to rounding the rate or charge to a whole penny. Table 12. Current and Proposed Multi -Year Rates and Charges 2010/11 2011/12' 2012/13 2 2013/14 ' 2014/15 2 2015/16 2 Customer Charge per Bill All Classes $1.55 $1.64 $1.74 $1.83 $1.93 $2.03 Readiness to Serve Charge per ERU Single Family $13.38 $14.18 $14.96 $15-71 $16-50 $17.33 Commercial $40.14 $42-54 $18.71 $19-65 $20,64 $21-68 Rental Property N/A N/A $14,96 $15-71 $1630 $17.33 Public Buildings $13,38 $14.18 $14.96 $15.71 $16.50 $17.33 Usage Rate per 1,000 gal. Single Family $4.34 $4.60 $4.86 $5.11 $5.37 $5.64 Corm-nercial $13,02 $13-80 $6.07 $6.38 $6.70 $7.04 Rental Property N/A N/A $4.86 $5.11 $5,37 $5,64 Public Buildings $434 $4.60 $4.86 $5.11 $5.37 $5.64 Sewer Flat Rate multi-Farnily $22.92 $2430 $25.64 $26.93 $28.28 $29.70 Reclaimed Water Flat Rate per ERIC All Classes S0.00 $0.00 $6.33 $6.65 $6.99 $7.34 1 Rates were adjusted January 1, 2012. 2 Adjustments effective October I of each year, City of Cape Canaveral Sewer System Rate. Impact on Typical Bills The impact of the proposed reclassifications, equivalency adjustments and rate structure modification on typical monthly charges are illustrated in Graph 1. The typical bill impact for a Single Family connection is based on 5,000 gallons of monthly service; whereas the Multi -family comparison is based on a flat Charge per dwelling unit. C:ornrnercial connections regardless of usage will experience the typical impact reflected on the graph. Impacts for each Rental Property connection was developed rasing actual fiscal year 2009/10 monthly average usage for each individual customer. The impacts on other usage levels for the proposed rate modifications and adjustments are further provided on the Schedules 5A, B, C and D for Single Family, Multi -Family, Commercial and Rental Property=, respectively. Comparisons to tether Communities A comparison of typical Single Family monthly wastewater set -vice and reclaimed water service bill amounts, exclusive of taxes and other charges, is provided in Table 13. It is important to note that utilities throughout Florida and the nation differ significantly in the way they are capitalized, operate, service areas, customer characteristics, geographical location, quality of service, community standards and many other factors. These differences are all reflected in the amounts charged and impact on customer classes. Additionally, a significant number of utilities use water revenues to subsidize sewer revenue shortfalls. This combined revenue approach to rates is not uncommon; however, sit -ice the City provides only sewer services the sewer accurately reflects the costs of such serN7ces. 10 Cityz of Cape. Canaveral Sewer System Table 13. Cather Utility Comparison Single Family 5,000 gal Sewer and Reclaimed 10,000 gal Service (current rates as of February 2012) Proforma Operating Results The projected results of the proposed rates and charges for the five fiscal years through 2015/16 are shown in 'Table 14. The projections utilize the previously discussed and identified: (i) tni:nimal customer growth; (ii) fiscal requirements including provisions for additional CIP; and (iii) proposed rates and charges. The Proforma clearly demonstrates the ability of the rate revenue generated from the proposed classification, equivalency basis, and crate adjustments together with Other Revenues and without transfers from prior earnings to: • Fully fund the budgeted operating and maintenance requirements; • Pay= existing and proposed debt seivice; • Provide funding for R&R improvements; and • Replenish the unrestricted operating reserves. Sewer Reclaimed City of Cape Canaveral $38.82 $0.00 Neighboring Utilities Brevard County Barefoot Bay $52.61 $6.00 North Brevard $32.66 $6.00 City of Cocoa $39.18 $7.06 City of Cocoa Beach $24.09 $9.1.1. City of Holly Hill. $33.41 N/A City= of Melbourne $41.67 $8.00 City= of satellite Beach $52.07 N/A Town of Indialantic $52.07 N/A City of New Smyrna Beach $34.77 ti` 10.00 City of Edgewater $35.01 $9.50 City= of Titusville $45.47 $8.00 City of Palin Bay $38.93 $18.42. City= of Rockledge $26.65 $10.00 City of Vero Beach $37.84 '$19.20 City of West Melbourne $35.03 $8.00 Average of Other Utilities $38.76 $9.94 Proforma Operating Results The projected results of the proposed rates and charges for the five fiscal years through 2015/16 are shown in 'Table 14. The projections utilize the previously discussed and identified: (i) tni:nimal customer growth; (ii) fiscal requirements including provisions for additional CIP; and (iii) proposed rates and charges. The Proforma clearly demonstrates the ability of the rate revenue generated from the proposed classification, equivalency basis, and crate adjustments together with Other Revenues and without transfers from prior earnings to: • Fully fund the budgeted operating and maintenance requirements; • Pay= existing and proposed debt seivice; • Provide funding for R&R improvements; and • Replenish the unrestricted operating reserves. of CaDe CanRveral Sewer Table 14. Proforma Operating Statement User Revenue Single Family Aluld-Family Commercial Rental Property Public Buildings Reclaimed Water Subtotal User. Revenue Other Revenues Total Revenues O&M Expenses Net Revenues Debt Service Existing Loans Proposed CIP Funding Total Debt Service Balance After Debt Sergi ice Non -Operating Transfer to General Fund R&R Capital From Rates Total Non -Operating Net Surplus/(Deficit) 2011/12 2012/13 2013/14 2014/15 2015/16 $ 671,000 S 719,700 $ 757,200 $ 796,500 S 837,600 1,906,200 2,042,500 2,147,600 2,257,700 2,373,600 868,500 164,500 172,800 181,500 190,800 - 307,600 323,500 339,800 356,900 45,900 49,100 51,600 54,200 57,000 - 165,900 174,300 183,300 192,400 S3,491,600 $3,449,300 S3,627,000 $3,813,000 $4,008,300 79,600 86,200 89,600 87,600 87;800 S 3,571,200 $3,535,500 $3,716,600 $3,900,600 $4,096,100 2,35200 2,440,300 2,532,300 2,627,500 2,726,200 $1,219,100 $ 1,095,200 $1,184,300 $1,273,100 $ 1,369,900 S 649,400 S 649,400 $ 649,400 $ 649,400 $ 397,700 77,800 155,700 155,700 155,700 155,700 727,200 805,100 $ 805,100 $ 805,100 $ 553,400 $ 491,900 290,100 $ 379,200 $ 468,000 $ 816,500 $ 125,000 $ 125,000 ',1 125,000 $ 125,000 125,000 118,400 125,000 141,400 167,200 195,000 34,000 34,000 34,000 34,000 34,000 277,400 $ 284,000 $ 300,400 $ 326,200 354,000 $ 214,500 $ 6,100 $ 78,800 $ 141,800 $ 462,500 Reserve Fund Balances Reserve balances are vital elements in maintaining fiscally sound utility and, for the purpose of the Study; consideration is given to the Operating Reserve and Assessment Fee Funds. Although other funds may exist, such as a Debt Service Reserve and Sinking Funds for compliance Nvith debt obligations, they are not directly involved in the process of ratemaking, The Operating Reserve Fund is unrestricted and accumulates funds that can be used for any lawful purpose. The Assessment Fee Fund is restricted for the accumulation and disbursement of Assessment Fees (Impact Fees) paid by new connections to the Utility. The annual activities for the Operating Reserve and Assessment Fee Funds resulting from annual cash inflows and outflows by primary categories projected within this Study are shown on Table 15. The beginning balance of the Operating Reserve Fund consists of the unrestricted cash assets at the beginning of fiscal year 2011/12 less any encumbrances including accounts payable. It should be noted for conservative purposes that receivables are not included. Added to the Operating Reserve Fund is income derived from annual operations, which together with existing reserves can and are used for CIP. Funds provided from the retirement of the Debt Seivice Reserve Fund associated with the existing debt that is projected to be refired in fiscal year 2015/16 are projected to be transferred to the Operating Reserve Fund, 12 Cite of Cape Canaveral Sewer System Table 15. Fund Balances 1 Debt Service Reserve Fund PSRF) released upon retirement of State Revolving Fund (SRF) debt. CIP Sources and Uses As previously mentioned, the Utilit)r's five near CIP addressed by this Study includes the budgeted S2,886,600 plus $411,000 post budget items for a total of $3,297,600. Funding is provided from unrestricted Operating Reserve and Assessment Fee Funds plus a proposed loan to obtain $2,000,000 in improvement proceeds. Debt service for the proposed loan for the purpose of this Study was estimated -assuming a 20 year term and a 4.5 percent net interest rate with an additional. 525,600 for loan expenses. The sources and uses for the CIP are shown on Table 16. Table 16, CIP Sources and Uses 2011/12 2012/13 2013/14 2014/15 2015/16 Unrestricted Operating Reserve Fund Sources,: Beginning Balance S 1,647,900 $1,451,400 $1,457,500 $ 1,536,300 $1,238,900 Annual Operating Surplus 214,500 6,100 78,800 141,800 462,500 Transfer from DSRF - - 439,200 367,400 435,500 Transfer to Project Fund 411,000 - 80,000 439,200 367,400 Ending Balance $1,451,400 $1,457,500 $1,536,300 $1,238,900 $1,769,500 Minii-nurn Balance Target $ 8.39,200 3 882,400 S 909,500 S 939,700 S 908,400 Expansion Fund $367,400 Uses: Beginning Balance $ 49,800 $ 50,200 $ 72,900 S 15,900 S 39,700 Assessment 1, , ees - 22,300 23,000 23,700 24,400 Transfer to Project Fund - - 80,000 - - Interest Earnings 400 400 - 100 300 Ending Balance $ 50,200 5 72,900 $ 15,900 $ 39,700 S 64,400 1 Debt Service Reserve Fund PSRF) released upon retirement of State Revolving Fund (SRF) debt. CIP Sources and Uses As previously mentioned, the Utilit)r's five near CIP addressed by this Study includes the budgeted S2,886,600 plus $411,000 post budget items for a total of $3,297,600. Funding is provided from unrestricted Operating Reserve and Assessment Fee Funds plus a proposed loan to obtain $2,000,000 in improvement proceeds. Debt service for the proposed loan for the purpose of this Study was estimated -assuming a 20 year term and a 4.5 percent net interest rate with an additional. 525,600 for loan expenses. The sources and uses for the CIP are shown on Table 16. Table 16, CIP Sources and Uses 13 5 -yr Total 2011/12 2012/13, 2013/14 2014/15 2015/16 Sources,: Beginning Balance $ 1,569,800 $ 762,400 $ 17,400 Reserve Fund 1,217,600 411,000 - - 439,200 367,400 Assessment Fees 801,000 - - 80,000 - - Debt Proceeds 2,000,000 2,000,000 - - - - Total Sources $3,297,600 $2,411,000 $1,569,SOO $842,400 $456,600 $367,400 Uses: Large Capital Projects $2,337,800 $ 318,000 $ 677,800 $733,000 $338,800 jJ 270,200 R&R Projects 548,800 112,200 129,60,0 92,000 117,800 97,200 Post Budget Additions 411,000 X111,000 - - - - Total Uses: $3,297,600 $ 841,200 $ 807,400 S825,000 $456,600 $367,400 Ending Balance $1,569,800 $ 762,400 S 17,400 S - $ - 13 City of Cape Canaveral Sewer System Findings and Conclusions The findings and recommendations presented herein were formulated based oil reviews, analyses, community standards and ratemaking principles all predicated on existing and anticipated conditions. 1. a -a. The existing rates are not sufficient to fully fund the current budgeted and projected operating, debt service, transfers and other requirements of the Utility, b. The Study made provisions to increase the revenues generated by the system and provide for debt funding of CIP to minimize the annual cash requirements. a. Uses of reserves accumulated from prior year's earnings to address the rate deficiencies are not adequate and depletion of the reserves will reflect negatively on the Utility's creditword-Aness. b. Debt funding to be initiated to reduce the burden on operating reserves and rate funded pay-as-you-go capital funding needs. a. The current rate structure does not fully address the customer characteristics and community standards, and places an undue burden on certain customer classes. b. Reclaimed water service is a valuable service and costs for such services should be recovered from those who benefit through a rate structure that does not require an added expense of metering usage. c. Connections with multi -dwelling rental activities exhibit unique characteristics and should be classified independent of other Commercial connections with an equivalency basis relating to dwelling units in lieu of meter size. d. The rate factor currently utilized for Cornrnercial connections no longer reflects the additional demand and loading characteristics of non-residential connections. Recommendations Pursuant to the objectives, findings and conclusions previously discussed and the reviews, analyses, and assumptions summarized herein, along with the needs of the community, the application of ratemaking principles, and the consultant's experience with similar utilities, it is recommended that: 1. The City proceed to revise the applicable sections of the Code of Ordinance to reflect the Rental Property and Reclaimed Water customer classifications including the basis of determining equivalencies and applicable rate structures. 2. The City proceed to adopt the multi-year rates identified herein is summarized in Table 12 with an effective date of the first fLffl billing period after October 1 of each fiscal year. 3. The City address the need to obtain 52,000,000 in construction proceeds from the issuance of long term debt in a timely manner. 4. A reevaluation of revenue sufficiency be conducted in the event of any material change in customers, operations, fiscal requirements, annual inflation in excess of 3.5 percent or other items that adversely affect the Utility 14 City of Cape Canaveral Sewer System The revenues, expenses, costs, and criteria associated with ratemaldng are representative of averages that are developed prii-naffly from historic and projected data. A significant amount of historical review and analysis, together with the development of assumptions based on prudent engineering, financial, and ratemaking relationships, have been utilized in the development of the proposed rates, fees, and charges proposed herein. Some of the assumptions will inevitably change or not materialize and unanticipated events may occur which could significantly change the results presented herein. The findings, conclusions and recommendations presented herein were formulated based on reviews, analysis and input from City staff, together with and predicated on existing conditions, comi-nuniq, standards and raternaking principles. 15 of Cape Canaveral Se -ever Systelli Schedule 1. Sewer Customer Accounts, ERUs and Billable Flow Projections New Impact Fee ERUs 0 9 9 9 9 1 Multi-Farnily ERUs represents the number of dwelling units. 2 In thousands of gallons. Q, Growth Reference 2009/10 2011/12 2012/13 2013/14 2014/15 2015/16 Accounts Single Family 1 1,717 1,717 1,719 1,721 1,723 1,725 Multi-l-`Rnffly 2 728 728 729 730 731 732 Commercial 3 143 143 143 143 143 143 Rental Property 4 6 6 7 7 7 7 Public Buildings 5 36 36 36 36 36 36 Total 2,630 2,630 2,634 2,637 2,640 2,643 ERUs Single Family 1 1,723 1,723 1,725 1,727 1,729 1,731 Multi -Family' 2 6,582 6,582 6,589 6,596 6,603 6,610 Commercial 3 409 409 409 409 409 409 Rental Property 4 551 551 641 641 641 641 Public Buildings 5 76 76 76 76 76 76 Total 9,341 9,341 9,440 9,449 9,458 9,467 Usage'` Single Family 179 76,882 76,882 76,971 77,060 77,150 77,239 Multi -Family 2.51 198,210 198,210 198,421 198,632 198,842 199,053 Con-A-nercial 3.70 47,990 14,511 14,511 14,511 14,511 14,511 Rental Property 3.86 0 34,018 39,571 39,571 39,571 39,571 Public Buildings 7.83 7,144 7,144 7,144 7,144 7,144 7,144 Total 330,226 330,765 336,619 336,919 337,219 337,519 ERICs Single Family 6 835 835 835 835 835 835 Multi -Family 6 1205 1205 1205 1205 1205 1205 Commercial 6 88 88 88 88 88 88 Public Buildings 6 57 57 57 57 57 57 Total 2,185 2,185 2,185 2,185 2,185 2,185 Growth Reference Factors Single Family 1 1.0000 1.0010 1.0010 1.0010 E0010 Multi -Family 2 1.0000 1.0010 1.0010 1.0010 1.0010 Commercial 3 1.0000 1.0000 1.0000 1.0000 1.0000 Rental Property 4 1.0000 1.0000 1.0000 1.0000 1 0000 Public Buildings 5 1,0000 1.0000 1.0000 LOOOO 1,0000 ERICs 6 1.0000 1.0000 1.0000 1.0000 1.0000 New Impact Fee ERUs 0 9 9 9 9 1 Multi-Farnily ERUs represents the number of dwelling units. 2 In thousands of gallons. Q, City of Cape Canaveral Sewer System Schedule 2. Net Rate Fiscal Requirements 5-2 Ref # 2011/12 2012/13 2013/14 2014/15 2015/16 Personnel Services Salaries and Wages 3 $ 765,300$ 795,900 $ 827,700$ 860,800$ 895,200 Overtime 3 9,600 10,000 10,400 10,800 11,200 Special Pays 3 45,000 46,800 48,700 50,600 552,600 Employee Recognition 3 2,000 2,100 2,200 2,300 2,400 FICA Taxes 3 59,300 61,700 64,200 66,800 69,500 Retirement Contribution 3 53,600 55,700 57,900 60,200 62,600 Retirement Match 3 23,000 23,900 24,900 25,900 26,900 life and Health Insurance 3 168,800 175,600 182,600 189,900 197,500 Worker's Compensation 3 15,800 16,400 17,100 17,800 18,500 Unemployment Compensation 3 9,000 9,400 9,800 10,200 10,600 Reimburse of GF Payroll Exp. 3 286,400 297,900 309,800 322,200 335,100 Subtotal 1,437,800 $ 1,495,400 $ 1,555,300 S 1,617,500 $ 1,682,100 Operating Expenses Legal Fees 2 3,000,S 3,100S 3,200$ 3,300$ 3,400 Engineering Senvices 2 15,500 16,000 16,500 17,000 17,500 Physicals 3 800 800 800 800 800 Banking Fees 2 2,500 2,600 2,700 2,800 2,900 Audit Expense 3 20,600 21,400 22,300 23,200 24,100 Contract Services 5 1,200 1,200 1,200 1,200 1,200 Travel Per Diem 5 6,300 6,500 6,700 6,900 7,100 Communication Service 3 7,500 7,800 8,10() 8,400 8,700 Postage 2 400 400 400 400 400 Utilities 5 193,100 198,900 205,100 211,500 218,000 Sludge Disposal Fees 4 45,500 45,500 45,500 45,500 45,500 General Insurance 3 158,200 164,500 171,100 177,900 185,000 Buildings & Grounds Maint. 6 25,500 26,500 27,600 28,700 29,800 Plant & Equip. Maintenance 6 183,500 190,800 198,400 206,300 214,600 Collection System A4,-dnt, 6 695500 72,300 75,200 78,200 81,300 Printing 2 800 800 800 800 800 Operating Supplies ? 11,000 11,300 11,600 11,900 12,300 Safety Supplies 2 8,200 8,400 8,700 9,000 9,300 Chemicals 2 93,400 96,200 99,100 102,100 105,200 Uniforn-is 3 5,100 5,300 5,500 5,700 5,900 Motor Fuel & Lubricants 2 9,800 10,100 10,400 10,700 11,000 Small, Tools 2 7,500 7,700 7,900 8,100 8,300 Lab Supplies 2 31,900 32,900 33,900 34,900 35,900 Reclaimed %Vater Supplies ? 3,000 3,100 3,200 3,300 3,400 Subscriptions &, Ttaining 3 3,200 3,300 3,400 3,500 3,600 Operating Fees & Licenses 2 7,300 7,300 7,700 7,900 8,100 Contingency I - - - - - Subtotal S 914,300$ 944,900 $ 977,000 $ 1,010,000 a 1,044,100 Total O&M $ 2,352,100 $ 2,440,300 $ 2,532,300 $2,627,500 $2,726,200 5-2 City of Cape Canaveral Sever System Schedule 2. Net Rate Fiscal Requirements (continued) Capital Buildings Machinery and Equipment Capital 1'rorn Rates Debt Service Existing State Revolving Fund Lean Proposed Subtotal Transfers & Contingencies Transfer to General Fund R&R Subtotal Total Requirements Other Revenue Utility Penalty Income Reuse Moo -Up lees Interest Earnings Subtotal Net Fiscal Requirement Growth Factors Zero Constant Inflation I7ersonnel Customer Growth Customer Growth & Inflation Repairs & Maintenance Interest Earnings Utilities Rate Adjustments Renewal and Replacement Ref # 2011/12 2012/13 2013/14 2014/15 2015/16 1 9,000$ 9,000$ 9,000$ 9,000$ 9,000 1 25,000 25,000 25,000 25,000 25,000 $ 34,000$ 34,000$ 34,000$ 34,000$ 34,000 Input $ 649,400S 6.19,400 S 649,400$ 649,400$ 397,700 Input 77,800 155,700 155,700 155,700 155,700 $ 727,200$ 805,100 $ 805,100,5 805,100$ 553,400 1 $ 125,000$ 125,000$ 125,000 $ 125,000 $ 125,000 10 118,400 1222,200 141,400 167,200 195,000 $ 243,400$ 247,200$ 266,400$ 292,200$ 320,000 $ 3,356,700 $ 3,526,600 $ 3,637,800 $ 3,758,800 $ 3,633,600 9 60,000 63,300 66,500 69,800 73,300 9 1,000 1,100 1,200 1,300 1,400 Input 18,600 21,800 21,900 16,500 13,100 S 79,600$ 86,200$ 89,600,5 87,600$ 87,800 $ 3,277,100 $ 3,443,700 $ 3,548,200 $ 3,671,200 $ 3,545,800 Ref # 201.1/12 2012/13 2013/14 2014/15 2015/16 0 0.000 0.000 0.000 0.000 1 1.000 1.000 1.000 1.000 2 1.030 1.030 1.030 1.030 3 1.040 1.040 1.040 1.040 4 1.000 1.001 1.001 1.001 5 1.030 1.031 1.031 1.031 6 1.040 1.040 1.,040 1.040 7 0.015 0.015 0.015 0.015 8 1.030 1.031 1.031 1.031 9 1.055 1.050 1.050 1.050 10 3.50% 4.009°o 4.50% 5.00% S-3 Cin, of Cape CatiaNwal SeNver System Schedule 3. Capital Improvement Program S-4 5 -yr Total 2011/12 2012/13 2013/14 2014/15 2015/16 Sources: Beginning Balance $ 1,569,800 $762,400 S 17,400 $ Revenue Fund Reserves 1,217,600 411,000 - - 439,200 367,400 Assessment Fee Funds 80,000 - - 80,000 - - Debt Proceeds. 2,000,000 2,000,000 - - - - Total Sources $3,297,600 $2,411,000 $ 1,569,900 $842,400 $456,600 $367,400 Uses: Plant Clarifier Rehab - Eng. y 10,000 $ 10,000 $ - $ - $ - Plant Clarifier Rehab - Const. 95,000 - 95,000 - - Blowers for Sludge Holding Tank 60,000 - - - 60,000 Force Nlain & Manhole Rehab 1,000,000 200,000 200,000 200,000 200,000 200,000 Sand Filter 200,000 - 200,000 - - - Portable Se-wer jet 70,000 - 70,000 - Lab Expansion - Engineering 15,000 - - 15,000 - Lab Expansion - Construction 15,000 - - - 15,000 Emergency Generators 180,000 60,000 60,000 60,000 - - Lift Station Rehabilitation L ift 292,800 48,000 52,800 58,000 63,800 70,200 Sludge Press 325,000 - - 325,000 - - Truck & Crane 75,000 - - 75,000 - R&R - Capital Equipment 74,300 16,500 41,800 10,000 6,000 - R&R - Capital Infrastructure 365,800 61,000 57,800 63,000 108,800 75,200 R&R - Vehicles 88,000 20,000 30,000 19,000 - 19,000 R&R - Computers 20,700 14,700 - - 3,000 3,000 Post Budget Addition 411,000 411,000 - - - - 'T'otal Uses: $3,297,600 $ 841,200 $ 807,400 $825,000 $ 456,600 $3,67,400 Ending Balance 5 1,569,800 $ 762,400 $ 17,400 $ - S S-4 City of Cape Canaveral Sewer System Schedule 4. Cost Allocations S-5 CustornerReadiness Multi -Family Usage Reuse Charge To Serve ERU Usage Rate Connect Personnel Services ............. . ....... Salaries and Wages $ 12,300 3 130,000$ 249,100 $ 203,800 S 163,500 $ 37,200 Overtime 200 1,600 3,100 2,600 2,100 400 Special Pays 700 7,600 14,600 12,000 9,600 2,300 Employee Recognition - 300 700 500 400 200 FICA Taxes 1,000 10,100 19,300 15,800 12,700 2,800 Retirement Contribution 900 9,100 17,400 14,300 11,400 2,600 Retirement Match 400 3,900 7,500 6,100 4,900 1,100 Life and Health Insurance 2,700 28,700 55,000 45,000 36,100 8,100 Worker's Compensation 300 2,700 5,100 4,200 3,400 700 Unemployment Comp. 100 1,500 2,900 2,400 1,900 600 Reimburse of GF Payroll Exp. 4,600 48,600 93,200 76,300 61,200 14,000 Subtotal $ 23,200 S 244,100 $ 467,900 $ 383,000 $ 307,200 $ 70,000 Operating Expenses Legal Fees $ - $ 500$ 1,000s 800$ 600 $ 200 Engineering Services 200 2,600 5,000 4,100 3,300 800 Physicals - 100 300 200 200 - Banking Fees - 400 800 700 500 200 Audit Expense 300 3,500 6,700 5,500 4,400 1,000 Contract Services - 200 400 300 200 100 Travel Per Diern 100 1,100 2,000 1,700 1,300 300 Communication Service 100 1,300 2,400 2,000 1,600 400 Postage - 100 100 100 100 - Utilities 3,100 32,500 62,300 50,900 40,900 9,200 Sludge Disposal Fees 700 7,400 14,200 11,600 9,300 2,300 General Insurance 2,500 26,900 51,500 42,100, 33,800 7,700 Buildings & Grounds Maint. 400 4,300 8,300 6,800 5,400 1,300 Plant & Equip. NWntenance 3,000 31,200 559,700 48,800 39,200 8,900 Collection System Maint. 1,100 11,800 22,600 18,500 14,900 3,400 Printing - 100 300 200 200 - Operating Supplies 200 1,800 3,500 2,900 2,300 600 Safety Supplies 100 1,400 2,600 2,200 1,700 400 Chemicals 1,500 15,700 30,100 24,600 19,800 4,500 Uniforms 100 900 1,700 1,400 1,100 100 Motor Fuel & Lubricants 200 1,600 3,200 2,600 2,100 400 Small Tools 100 1,300 2,400 2,000 1,600 300 Lab Supplies 500 5,400 10,300 8,400 6,800 1,500 Reclaimed Water Supplies - 500 1,000 800 600 200 Subscriptions & Training 100 500 1,0()0 800 700 200 Operating Fees & Licenses 100 1,200 2,300 1,900 1,500 500 Contingency - - - - - - Subtotal S 14,400 $ 154,300 S 295,700 S 241,900 S 194,100 S 44,500 Total O&M $ 37,600 $ 398)400 $ 763)600 $ 624,900 $ 501,300 $ 114,500 S-5 City, , of Cape Canaveral Sever System Schedule 4. Cost allocations (continued) S_,6 Customer Readiness Multifamily Usage Reuse Charge. To Serve ERU Usage Rate Connect Capital Buildings $ 100 $ 1,500S 2,800$ 2,300 $ 1,800 $ 500 MachinenT and Equipment 400 4,100 7,800 6,400 5,100 1,200 Subtotal $ 500 $ 5,600$ 10,600$ 8,700$ 6,900 $ 1,700 Debt Service SRIF CS120825020 Princ. $ 7,100 $ 74,400$ 142,700 $ 116,700 $ 93,600 $ 21,400 SRLF CS120825030 Princ. 2,000 21,000 40,300 33,000 26,500 6,000 SRLb Interest 1,000 10,600 20,300 16,600 13,300 2,9010 Proposed 2,400 25,400 48,700 39,900 32,000 7,300 Subtotal $ 12,500 131,400$ 252,000 $ 206,200 $ 165,4001 $ 37,600 Transfers & Contingencies Transfer to General Fund $ 1,900 $ 20,400$ 39,100$ 32,000 $ 25,700 `5 5,900 R&R 1,900 20,400 39,100 32,000 25,700 5,900 Subtotal $ 3,800 $ 40,800$ 78,200 $ 64,000 $ 51,400 $ 11,800 Total $ 54,400 $ 576,200 $1,104,400 $ 903,800$ 725,000 $ 165,600 Other Revenue Utility Penalty Income $ - $ 63,300 $ - $ - $ - $ - Reuse l -look -LSP Fees - _ - - 1,000 Interest Earnings - 21,800 - - - Subtotal $ - $ 85,100 $ - $ - $ - $ 1,000 Net Revenue Requirement $ 54,400 $ 491,100 $ 1,104,400 $ 903,800$ 725,000 $ 264,500 S_,6 L0 CD C) Q 0 0 L6 Ln 'ri tti 00 � 0CD CD 'D on Cry00 q -4 1,6 C�lj C11 toE" OCA 00 00 r- c1l) r- Ll-� 00 C 0 4 Lo tr) Lo In u-) 'n 00 CO Ac C9 C, to C> N Lq N 0 tea= Vt,-4 t" r- co 00 C, CN � 0 C ":R c, ,Q In Un Lr) Lf) Vi Ln Lei Lfi Lf) LO cl� -t r-� Ca C_t ('1 In -4- I -D CT-"1 C-' Ln cv to 00 Mme, Do to ' C,! 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"D C, rl It L-7 C7 oci 00 UN r- tet m <D t- ti 00 V)k -t oo ccLrP r - t14 Cl Cl C-1 Cu O C7 C] O Lf) L() tf) In M O C, 00 rd Lf) Ln nl cc 0 It rl k- cn In t") Cl) � Lr? L", C\ 'm OD t- — r - Lc) oo t,1 o tn' C') OD V) V-� M'f-- V4 Corl, t In In e) In u-, ZC --p — C- G� Lt) D� I -P -t L� cq Ll- � C-1 cn tAyen "o cn f to oc, 00 -l) t,4 oc co In C, Cr In 0 rej CE R � rfi If) C,0:) flo, GIX el� r- 't 0 cli C, In Ln 7 L') tr) L7, LI) Ln 7 1 . 00 cc -1t In Lf" rf) C% Ln v 64 4 00 0c) 0 L*': ^f- CC V) -t- cs r6 1-: In ,*) 01), kl) Iur, — - tq U' oc C, C, C, C, ari cti C7, C, G? Lrl U4 Lei Ln Lr; C7 C, C11 In ol In 00 any Ln 404- V), r-: 4- V) In C C:D cr Lfi m Ln (n 0 In 2 0 Z? C3 C N LI) tr) CO C, en Cc It r--� t I-- cn 00 (A: U'r CA, z Ln aC U) In In Lf) rl cc (11 Lf) Cl! 7-, cl) C, oel Lf, U� Lfi Lri C, CN � r - Lr, in li C1 Lf, U') ::p tn ::) rn ;; ce) phi OJ act M 0 "iaQr1 w'1 CC) "d- yy �� oc� cn 14, 1- C4 � fe) n Ln N CD r-- cli In C, 0 c! 0 00 m In V., C14 A 13 C) V" c,E c' to -t- In r-- cl) \0 cl) r - C, C, C, C, In Lo Lo Ln C, C, C, CN 0 Ln cc -It c11 14)c V, 00 C 14 V)- Yl It -41 t 00 t- " r - r) G� ui In ui 6 D Vp V� Cf); C4 in in In C, in <D 1� 0-0 C) r - tri 4, 1: VI Ql) In tr, n oc co r� !In kr) IR WHEREAS, the City of Cape Canaveral is granted the authority under Section 2(b), Article Vill, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV of Chapter 78 of the Cape Canaveral Code of Ordinances establishes a reclaimed water utility and provides for the operation, construction, maintenance, and repair of reclaimed water facilities in the City of Cape Canaveral; and WHEREAS, Raftelis f=inancial Consultants, Inc. recently completed a Sewer System Rate Study dated February 2012 ("the Study„) which includes findings, conclusions, recommendations and supporting analysis related to reclaimed water rates; and WHEREAS, after careful consideration and deliberation, and after considering the Study, the City Council desires to revise Article IV of Chapter 78 related to its reclaimed water utility to authorize the establishment of reclaimed water usage fees by resolution and to establish a new equivalency basis for reclaimed water service levels; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAMED by the City Council of the City of CapeCanaveral, County, Florida, as follows: SECTION 1. (Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Ordinance. SECTION 2, Code Amendment. Chapter 78, Utilities, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions to and s+rakethr-er gI type indicates deletions from the text of Chapter 78, and it is intended that the text in Chapter 78 denoted by asterisks [* * * ]and omitted from this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 78. UTILITIES City of Cape Canaveral Ordinance No. 04-2012 Page 1 of 3 ml;� ;�;;Ill ''I' 1rATr--Vf:T-.-J 191INW017,111 See. 78-180. — Reclaimed water kAgafien usage rates. (a) Rates for reclaimed irrigation water service shall be established by resolution of the City Council and incorporated, as a component -pfemukjated of the city rate resolution. (b) The following Equivalent Reclaimed Irrigation Connections ("ERICs") shall be used to identify customer service levels based on the size of the customer's connection to the city's reclaimed water utility: 1 -inch diameter connection = 1 ERIC 2 -inch diameter connection = 4 ERICs 4 -inch diameter connection = 12 ERICs SECTION 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. SECTION 4. Incorporation into the Code of Ordinances. This Ordinance shall be incorporated into the Cape Canaveral Code of Ordinances and any section or paragraph number or letter and any heading may change or be 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. SECTIONS. Severability. If any section, subsection, sentence, clause, phrase, word, or portion 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. City of Cape Canaveral Ordinance No, 04-2012 Page 2 of 3 SECTION 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral. ADOPTED by the City Council of the City of Cape Canaveral, Florida this 17th day of April, 2012. ATTEST: Angela M. Apperson, City Clerk Approved as to Form and Sufficiency as to the City of Cape Canaveral Only: Anthony A. Garganese, City Attorney First Reading: March 20, 2012 Legal Ad Published: March 29, 2012 Second Reading: April 17, 2012 Rocky Randels, MAYOR Name John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 04-2012 Page 3 of 3 For Against ,►' �, , �. ' r� WHEREAS, the City of Cape Canaveral is granted the authority under Selection 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article II of Chapter 78 of the Cape Canaveral code of Ordinance establishes the City's sanitary sewer system and provides for the operation, construction, maintenance, and repair of sanitary sewer facilities in the City of Cape Canaveral; and WHEREAS, Article III of Chapter 78 establishes the service rates, deposits and billing procedures for the City's sewer customers; and WHEREAS, Raftelis Financial Consultants, Inc. recently completed a Sewer System Rate Study dated February 2012 ("the Study"), which includes findings, conclusion, recommendations and supporting analysis related to sanitary sewer rates; and WHEREAS, after careful consideration and deliberation, and after considering the Study, the City Council desires to make amendments to section 78-152 to reflect that any new rate adopted by the City Council shall become effective on October 1, concurrent with the first day of the City's fiscal year; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAIAED by the City Council of the City of CapeBrevard County, Florida, as follows: SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Ordinance. SECTION 2. Code Amendment. Chapter 78, Utilities, of the Cape Canaveral Code of Ordinances, is hereby amended as follows (underlined type indicates additions to and --.'ke-1.FGu g type indicates deletions from the text of Chapter 78, and it is intended that the text in Chapter 78 denoted by asterisks [ ]and omitted from this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance 05-2012 Page 1 of 3 Sec. 78-152. - Monthly sewer rates. (a) Any user of the service of the sewer system shall pay a monthly charge or rate as set forth in Appendix B to this Code. The schedule of fees is subject to revision as may be necessary to keep rates commensurate with the changes in the cost of providing service and is otherwise subject to revision due to any regulatory or environmental factors which increase the cost of sewage treatment. All revisions shall be done by resolution and shall become effective as of january October 1 of each year. The city council may utilize, as a basis of any rate increase, a sewer rate study to be conducted, at a minimum, every five years. (b) It is the intent of this section that all condominiums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with the type of structure actually built. SECTION 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. SECTION 4. Incorporation into the Code of Ordinances. This Ordinance shall be incorporated into the Cape Canaveral Code of Ordinances and any section or paragraph number or letter and any heading may change or be 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 portion 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. City of Cape Canaveral Ordinance 05-2012 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida this 17th day of April, 2012. ATTEST: Angela M. Apperson, City Clerk Approved as to Form and Sufficiency as to the City of Cape Canaverall Only: Anthony A. Garganese, City Attorney First Reading: March 20, 2012 Legal Ad Published: March 29, 2012 Second Reading: April 17, 2012 Rocky Randels, MAYOR Name John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance 05-2012 Page 3 of 3 For Against . .. ��a f,,, ���� ! f„ ✓ f „ Y rj*f � (, 1 � ` ��' �'.,. ��i� 1, ✓✓,, °�lif Y„ it w M 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, Article Ill of Chapter 78 of the Cape Canaveral Code of Ordinances establishes the City's reclaimed water utility; and WHEREAS, section 180.13(2), Florida Statutes, provides that the City Council may establish just and equitable rates or charges to be paid to the City for the use of utilities by each person, firm or corporation whose premises are served thereby; and WHEREAS, section 78-180 of the Code of Ordinances requires that rates for reclaimed water services be established by resolution of the City Council; and WHEREAS, Raftelis Financial Consultants, Inc. recently completed a Sewer System Rate Study dated February 2012 ("the Study"), which includes findings, conclusions, recommendations and supporting analysis related to reclaimed water rates; and WHEREAS, based on recommendations in the Study, the City Council adopted Ordinance 04-2012, amending section 78-180 of the City Code to establish equivalency bases identifying customer service levels based on the size of the customer's connection to the City's reclaimed water utility; and WHEREAS, after careful consideration and deliberation, and after considering the Study, the City Council deems it is in the best interests of the public health, safety and welfare of its citizens to establish and adopt the reclaimed water rates set forth herein, which rates are hereby found to be just and equitable. ORDAINEDBE IT Council follows:County, Florida, as SECTION 1. Recitals. The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by this reference as a material part of this Resolution. City of Cape Canaveral Resolution Pilo. 2012-08 Page 'l of 3 SECTION 2. Amendment to Appendix B, Schedule of Fees, Related to Reclaimed Water Rates. The City Council of the City of Cape Canaveral hereby adopts the following amendments to the Cape Canaveral Code of Ordinances, Appendix B, Schedule of Fees (underlined type indicates additions to and stFikethFOUgh type indicates deletions from the existing text of Appendix 13): CHAPTER 78. UTILITIES Article IV. Reclaimed Water fA) Reclaimed water rates shall be char ed based on Eguivalent Reclaimed Irrigation Connections ("ERICs") established by the size of the customer's connection to the city's reclaimed water utility system as follows: 1 -inch diameter connection= 1 ERIC 2 -inch diameter connection = 4 ERICs 4 -inch diameter connection = 12 ERICs Each customer class shall be changed the flat rate per ERIC identified below for reclaimed water service. New rates shall take effect on October 1st of each year: Reclaimed Water Flat Rate 2012/13 2013/14 2014/15 2015116 Per ERIC All Customer 6..3 3 6L65 I6.92 734 Classes' 'Does not include wholesale, bulk, larcle user or other customer under separate contract ora reement with the city. SECTION 3. Incorporation into Appendix B, Schedule of Fees. The fee schedule set forth in this Resolution shall be incorporated into Appendix B, Schedule of Fees, to the Cape Canaveral Code of Ordinances and any section or paragraph number or letter and any heading in Appendix B 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 Resolution and the City Code, may be freely made. City of Cape Canaveral Resolution No. 2012-05 Page 2 of 3 SECTION 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council, or prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. SECTION 5. 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, 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 Resolution. SECTION 6. Effective Date. This Resolution shall become effective on October 1, 2012. ADOPTED by the City Council of the City of Cape Canaveral, Florida this 17th day of April, 2012. ATTEST: Rocky Randels, MAYOR Name For Against Angela M. Apperson, City Clerk John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form and Legal Sufficiency for the City of Cape Canaveral Only: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2012-05 Page 3 of 3 t1l, OfIfflIZ11111114 M1 a *0 kTT:,J a 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, Article 11 of Chapter 78 of the Cape Canaveral Code of Ordinances establishes the City's sanitary sewer system; and WHEREAS, Article III of chapter 78 establishes the service rates, deposits and billing procedures for the City's sanitary sewer customers; and WHEREAS, section 78-152 of the Code of Ordinances requires that all revisions to sanitary sewer rates be approved by resolution of the City Council; and WHEREAS, Raftelis Financial Consultants, Inc. recently completed a Sewer System Rate Study dated February 2012 ("the Study"), which includes findings, conclusions, recommendations, and supporting analysis related to the City's sanitary sewer rates; and WHEREAS, based on the recommendations of the Study, the City Council desires to revise the fees and charges related to its sanitary sewer system and to add a new customer classification for rental property; and WHEREAS, after careful consideration and deliberation, and after considering the Study, the City Council deems it is in the best interests of the public health, safety and welfare of its citizens to update and revise the City's sanitary sewer system rates and charges as set forth herein, which rates are hereby found to be just and equitable. 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 deemed true and correct and are hereby fully incorporated herein by this reference as a material part of this Resolution. SECTION 2. Amendment to Appendix B, Schedule of Fees, Related to Sanitary Sewer Service Rates. The City Council of the City of Cape Canaveral hereby adopts the following amendments to the Cape Canaveral Code of Ordinances, Appendix City Cape Canaveral Resolution No. 2012-06 Page '1 of 5 B, Schedule of Fees (underlined type indicates additions to and strikethrough type indicates deletions from the existing text of Appendix B): APPENDIX B — SCHEDULE OF FEES CHAPTER 78. UTILITIES Article /11. Service Rates, Deposits and Billing Procedures (b) Schedule of fees. Description L4) Rental property. Any individual connection held, used or controlled for multi pledwelling units that are rented/leased as a hotel or motel propeqy, LQ � Equivalent residential unit (ERU)- One ERU shall be equal to one detached residential dwelling unit with an individual water meter of 0.75, inches or less. ERUs for all connections other than: (i) residential dwelling units with an individual water meter of 0.75 inches or less; and (ii) multifamily; shall be pursuant to the following basis: For Single -Family, Commercial and Public Buildings Meter Size ERU 0.75 W 1.00 1.01, 2.50 1.5" 5.00 2.0" 8.00 3.0" 15,00 4.0"25.00 6.0" 60.00 8.01, 80.00 LB) For Rental Property: The number of ERUs for rental property connections shall bee ual to the total number of individual dwelling unit multiplied by a factor of 0.75 ERU.. City Cape Canaveral Resolution No. 2012-06 Page 2 of 5 tMM-T."m �Mwvjww MMA III -Lit City Cape Canaveral Resolution No. 2012-06 Page 3 of 5 2012113 2013114 2014115 2015116 Customer Charge per Bili $1 74 $1-83 $193 2.03 Ail Classes Readiness., to Serve MultifamP $42-9 Chancre per ER Single-Famil 14.96 15.71 16.50 17.33 Commercial $18.71 $19.65 20.64 21.68 Rental Propert $14.96 $15.71 16.50 17.33 Public Buildin 14.96 1571 16.50 17.33 User Rate per 1,00 $44-90 $4-2-U $4,;-U $44.48 gaudo Single-Famil $4.86 $5.11 $5.37 15,64 Commercial $607 638 6.70 $704 Rental Property I4.86 911-1 gfi-37 $5-64 Public Buildings $486 $5-11 $5.37 5,64 Sewer Flat Rate Multifamily 2E-64 $26.93 28.28 297 City Cape Canaveral Resolution No. 2012-06 Page 3 of 5 200 2009ZO 2009149 201044 "0 204 t4 Single Fam4y MultifamP $42-9 $447 $4-64 PARG Rwilding $4-64 E -RU Sinqle--FamPy $44-22 $44.9 $1M M-38 $4448 Com *waG� $11,2 $44-90 $4-2-U $4,;-U $44.48 Pubk-Bu4diRg $142 W.9 $12.62 $13.3 $14,18 City Cape Canaveral Resolution No. 2012-06 Page 3 of 5 Single P 6,900 gallons I I---- Gap CAMmerd - 6.000 gallon $4 98$4.34 $4-34 Ne Gap WO NG Gap SeAW SeA�Ge �G PeF Lin MAifamfl $19,23 S20.39 $21.6 $22.92 $24:3 SECTION 3. Incorporation into Appendix B, Schedule of Fees. The fee schedule set forth in this Resolution shall be incorporated into Appendix B, Schedule of Fees, to the Cape Canaveral Code of Ordinances and any section or paragraph number or letter and any heading in Appendix B 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 Resolution and the City Code, may be freely made. SECTION 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council, or prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. SECTION 5. 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, 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 Resolution. SECTION 6. Effective Date. This Resolution shall become effective on October 1, 2012. City Cape Canaveral Resolution No. 2012-06 Page 4 of 5 ADOPTED by the City Council of the City of Cape Canaveral, Florida this 17�h day of April, 2012. ATTEST: 5 Aame For Againsj Angela M. Apperson, City Clerk John Bond Robert Moog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form and Legal Sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City Cape Canaveral Resolution No. 2012-06 Page 5 of 5 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/17/2012 Item No. 6 Subject: Adopt Ordinance No. 06-2012; amending Chapter 110, Zoning, of the Code of Ordinances to repeal zoning regulations regarding the permitted location of "Resort Condominiums" and "Resort Dwellings" now collectively known as "Vacation Rentals" pursuant to Florida statutes; making conforming amendments to Section 2-283; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, at second reading. ent: LeQislative Summary: At its February 21, 2012 meeting, City Council provided direction to the City Attorney to draft an Ordinance repealing the zoning regulations related to Resort Condominiums and Resort Dwellings. This will have the effect of allowing residential property owners the option to use their properties for weekly rentals consistent with the applicable requirements of State law. Chapter 2011-119, Laws of Florida, revised the nomenclature for "resort condominium" and "resort dwelling" and said uses are now collectively referred to as "vacation rentals." The law also preempted local regulations and ordinances regarding the use of vacation rentals, but specified that this preemption does not apply to any local law adopted on or before June 1, 2011 (this would include the City's Ordinances adopted to regulate vacation rentals, Ord. No. 04-2007 and Ord. No. 02-2011). Even though the City's local regulations applicable to vacation rentals are exempt from the State's preemption, the City Council decided, as a matter of policy, to discontinue and forego the regulation of vacation rentals by specific zoning classification. Several requirements applicable to vacation rentals unaffected by the repeal of the City's zoning regulations will remain in effect: o State DBPR license. o Fire Code compliance - annual fire inspections. o Building Code compliance - change of Occupancy Classification triggers a new Certificate of Occupancy and building permit for upgrades. o City Code will continue to prohibit residential rentals of less than seven days. o Local Business Tax Receipt is required. The Planning and Zoning Board met on Wednesday, March 28, 2012 and unanimously recommended that the City Council adopt the Ordinance as written. Notices of Public Hearing for this Zoning Change were published Monday, March 12, 2012 and Thursday, March 29, 2012. City Council Meeting Date: 4/17/2012 Item No. Page 2 of 2 Since the first reading, Section 110-486, on page 7, has been, revised from: It shall be unlawful for any person to rent a dwelling for less than seven consecutive days in any zoning district, excluding hotels, and motels under subsection 110-332(4) and resat ceRderniniuMs in the G 1 7-- -g distFiotl I' to: "It shall be unlawful for any person to rent a dwelling for less than seven consecutive days in any zoning district, excluding hotels, and motels under subsection 110-332(4) and resort Gonderniniums vacation rentals in the C-1 zoning district" Submitting Department Director: Angela Apperson d Date: 04-09-2012 Attachments: Ordinance No. 06-2012; and fanning and Zoning Board recommendation memo. Financial Impact: Potential increases in permit and BTR revenue. Reviewed by Interim Finance Director: John McGinnisDa /,A The City Manager recommends that City Council take he following 'actions): Adopt Ordinance No. 06-2012, as amended, at second reading. Approved by City Manager: David L. Greene (9�1� Date: City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to, Time Certain ORDINANCE NO. 06-2012 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES TO REPEAL ZONING REGULATIONS REGARDING THE PERMITTED LOCATION OF "RESORT CONDOMINIUMS" AND "RESORT DWELLINGS" NOW COLLECTIVELY KNOWN AS "VACATION RENTALS" PURSUANT TO FLORIDA STATUTES; MAKING CONFORMING AMENDMENTS TO SECTION 2-283; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND SOLUTIONS; INCORPORATION INTO THE CODE; SEVERAIIILITY; 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 City Council previously adopted Ordinance No. 04-:2007, as amended by Ordinance No. 02-2011 (the "Resort Use Ordinances"), which expressly established that the C-1 zoning designation would constitute the applicable zoning classification for resort condominiums and resort dwellings, as defined by chapter 509, Florida Statutes, to be located within the City; and WHEREAS, the Resort Use Ordinances also established regulations for allowing existing and other permitted resort condominiums and resort dwellings not within the C-1 zoning designation to be grandfathered as nonconforming uses until abandoned pursuant to the criteria established in the City's zoning Code; and WHEREAS, subsequent to the adoption of the Resort Use Ordinances, the Florida Legislature revised the nomenclature for these uses and said uses are now collectively referred to as "vacation rentals" pursuant to section 509.242(l)(c), Florida Statutes; and WHEREAS, in accordance with Chapter 2011-119, Laws of Florida, the City Council acknowledges and recognizes that the Legislature has now preempted local regulations and ordinances regarding the use of vacation rentals and that ordinances adopted on or before June 1, 2011 (including the Resort Use Ordinances) were exempted from the new preemption imposed by the Florida Legislature; and WHEREAS, although the Resort Use Ordinances are exempt from said preemption, the City Council desires, as a matter of policy, to discontinue and forego the regulation of vacation rentals by specific zoning classification; and WHEREAS, it is the intent and purpose of this Ordinance to repeal the City's current zoning City of Cape Canaveral Ordinance No. 06-2012 Page 1 of 9 policy of only allowing vacation rentals to be located in the C-1 zoning classification and to allow vacation rentals in dwellings in accordance with the applicable provisions of Florida law including the Florida Building Code and Florida Fire Prevention Code; and WHEREAS, D0tWj tb standing the City Council's desire to repeal the aforementioned zoning regulation affecting vacation rentals, it is not the City Council's desire to repeal the minimum seven- day rental restriction which has existed in the City of Cape Canaveral prior to the adoption of the Resort Use Ordinances and was upheld as a valid restriction in the Brevard County Circuit Court Case, Royal Mansions Condominium Association, Inc. v. City of Cape Canaveral, Case No. 89- 16393 -CA -N; 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. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral., Florida, is hereby amended as follows (underlined type indicates additions and strikeont type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE 1. IN GENERAL See. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City of Cape Canaveral Ordinance No. 062012 Page 2 of 9 tam" ff"Mm 11111WA1-:4 r rIr.111041 INA# 01V).0 as 0,100-1 MAN a I MI WILIJ a olk"901MMKIAN 1LVW!11 City of Cape Canaveral Ordinance No. 062012 Page 2 of 9 M-0 . ill 111MR1111,9410A 11; Will, .: 1 Sec. 110-271. Intent. The requirements for the R-1 low density residential district are intended to apply to an area of single-family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development free from congestion and overpopulation, to promote the ptrnTarf=residency of single families and to enhance and maintain the residential character and integrity of the area. DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT See. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas fi-ee from congestion and overpopulation, to promote the penTrartnftesidency of families and to enhance and maintain the residential character and integrity of the area. DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 1111-311. Intent. The requirements for the R-3 medium density residential district are intended to apply to an City of Cape Canaveral Ordinance No. 06-2012 Page 3 of 9 area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the permmient residency of families and to enhance and maintain the residential character and integrity of the area. 1 F'111 �� � See. 110-332. Principal uses and structures. In the C-1 low density commercial district, the following uses and structures are permitted: ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY ------- ---- --- I IM OWN ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY City of Cape Canaveral Ordinance No. 06-2012 Page 4 of 9 m� LV��sim me a�IA"Rmg 16W.1I KIN 0 IL".10ANWEI L4 Kill 111111 1 1 1 11111111111 I"WIAMILtwl sifteis I II ou".401.11011*1401 I &VAN a a I I IMONLINA 00$0 III 01"A ILI rtlolL*IVAIII LWAImul MOO 11t*1011LIA I&IIIINEW LOAN 1111ill IIIAIIII III I 'I City of Cape Canaveral Ordinance No. 06-2012 Page 4 of 9 City of Cape Canaveral Ordinance No. 06-2012 Page 5 of 9 bmijimm LI stil'ZIROJO imijagoolljo L11 ImAlmillom PON logo Sol 1 1111%, i, 1~9 11111 Le WMI A M- R-1 tenon on�. Axis mosta� Bill OLIN KOLROMM An M. 41 will A 111111#111 IVAN Its NASA malmom all �uvi"KIAI.IA kiwi City of Cape Canaveral Ordinance No. 06-2012 Page 5 of 9 go 9 I MI 1101 NIL ii i WKWAN LQ (VAN I MI INN ISM@Lfttd I I 1141K"Mll OEM Malmo XII a 0 we II&A�WAYmmansollitel 1 111111101111120 1 1 1 1�.- go 1 11 LOA It.KVAM"IPNNAKMWUVA III Is q vim RVJlvAmmgiwj itetti go 1111281 saw am Will NE 1611 LERIDA 15LIAM 11121 in 0201 n IL'AMKVAN momossi 1614 a A lot m 4 1 L" M LIT&" I a I I I ANN A I I I I OM M LJOU.11 L"Jue MAN mi. 1. 1 k I I I A a q 19 0 Ile I d Me, N111011"llebmv. Al"I owgivis [vigil■mosvisolo 5 No Al ILEIIII LIA Ira I load[• _w �=13511111=11M =in I ANIE111114111111 I MI 1101 NIL ii i WKWAN LQ (VAN I MI INN ISM@Lfttd I I iiii; City of Cape Canaveral Ordinance No. 06-2012 Page 6 of 9 • Sec. 110-486, Vacation .Rentals. Nothing contained in the City Cade shall be construed as prohibiting the use of any dwelling unit as a "vacation rental," as defined by Chapter 509 Florida Statutes, Vacation rentals shall comply with the minimum seven -da rental restriction pulsuant to section 110-487 of thefity Code and shall be i2overned by Chapter 509, Florida Statutes, the Florida Building Code and the Florida Fire Prevention Code. Sec. 110-487. Dental Restrictions on Dwelling Units. It shall be unlawful for any person to rent a dwelling for less than seven consecutive days in any zoning district, excluding hotels; and motels under subsection 110-332(4) and resort condomi niatrrs vacation rentals in the C-1 zoning district. Section 3. Conforming Amendment to Section 2283. Section 2-283, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeou type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 2-283. It is intended that the text in Section 2-283 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language City of Cape Canaveral Ordinance No. 06-2012 Page 7 of 9 ..Ing IPill Sec. 110-486, Vacation .Rentals. Nothing contained in the City Cade shall be construed as prohibiting the use of any dwelling unit as a "vacation rental," as defined by Chapter 509 Florida Statutes, Vacation rentals shall comply with the minimum seven -da rental restriction pulsuant to section 110-487 of thefity Code and shall be i2overned by Chapter 509, Florida Statutes, the Florida Building Code and the Florida Fire Prevention Code. Sec. 110-487. Dental Restrictions on Dwelling Units. It shall be unlawful for any person to rent a dwelling for less than seven consecutive days in any zoning district, excluding hotels; and motels under subsection 110-332(4) and resort condomi niatrrs vacation rentals in the C-1 zoning district. Section 3. Conforming Amendment to Section 2283. Section 2-283, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeou type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 2-283. It is intended that the text in Section 2-283 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language City of Cape Canaveral Ordinance No. 06-2012 Page 7 of 9 existing prior to adoption of this Ordinance): See. 2-283. Applicable codes and ordinances; class violations. (a) The following city codes and ordinances may be enforced by civil. citation to the Brevard County Court, and are assigned the violation classification enumerated below: (10) Reserved. Seetion if 0-44 86(d), Resort dwellings; msort cond Section 4. 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 5. 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 ofthis ordinance .and the City Code may be freely made. Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. 911-10131 U-130"Ur-MI-1111 $, I City of Cape Catiaveral Ordinance No, 06-2012 Page 8 of 9 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17' day of April, 2012. ATTEST: For Against ANGELA APPERSON, City Clerk I It Legal Ad Published: March 12, 2012 First Reading: March 20, 2012 2' Legal Ad published: March 29, 2012 Second Reading: April 17, 2012 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 06-2012 Page 9 of 9 City of Cape Canaveral Planning & Development Department @, 2012 To: Barry Brown, Planning & Development Director Todd Morley, Building Official From: Susan L. Chapman, Secretary, PlanniZg2 Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council - Ordinance No. 06-2012 Relating to Resort Condominiums and Resort Dwellings akrz, Vacation Rentals --------------------------------------------------------------------------------------------- Kate Latorre, Assistant City Attorney, explained that since the adoption of Ordinance No. 04-2007, which regulates Resort Condominiums and Resort Dwellings, there have been enforcement problems with building and fire code compliance. The City has also been involved in litigation with two resort rental properties. Council has recently given direction to Staff to write an Ordinance removing these regulations and allowing the State laws to regulate Resort Condominiums and Resort Dwellings. Mrs. Latorre stated that there will continue to be heightened State building and fire code requirements imposed on these uses. Further, since the City adopted this regulation, the Florida Legislature has adopted a Statute that will preempt any further local regulations. Because Council only meets once per month, and in an effort to expedite the process, the draft Ordinance was presented to Council on March 20, 2012. Since this is a Land Development Regulation, the Board is required to make a recommendation. Following a brief discussion, the Board members unanimously recommended that the Council adopt the Ordinance, as written. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1205 — Fax (321) 868-1247 http://,",ww.cityofcapecanaveral.oi-g City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4/17/2012 Item No. % Subject: 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, Registration and Maintenance of Properties in Foreclosure; providing for purpose and intent, definitions, registration requirements, maintenance requirements, security requirements, penalties, supplemental authority and other related provisions; providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Code, severability, and an effective date, first reading. Department: Building and Code Enforcement Summary: 61% of all cases presented to the Code Enforcement Board between February 2011 and February 2012 involved foreclosed properties. This Ordinance will assist Staff in processing these cases. State law requires Staff to provide code enforcement notices to the current owner of the property in violation. When a property is in foreclosure and vacant, or has been acquired by a bank through the foreclosure process, tracking down the owner can be difficult and time-consuming. Additionally, it has been Staff's experience that banks and their legal representatives oftentimes do not return phone calls or respond to notices. This Ordinance increases local accountability for mortgagees foreclosing on property located in Cape Canaveral by requiring them to register their properties as foreclosed. Under the Ordinance, "foreclosed property" is property that is in default and subject to mortgage foreclosure action. Within 10 days of an owner defaulting on its mortgage, the mortgagee (bank) must register the property with the City and pay a registration fee. The registration triggers monthly inspections and certain maintenance and security requirements in the event a property becomes vacant. Contingent upon separate approval, a third -party company, Federal Property Registration Corp. (FPRC) will be responsible for pursuing and tracking these registrations and providing updated information to the City. FPRC's fee is fully funded by the Vacant Property Registration Fee imposed by this Ordinance. Fifty percent (50%) will be paid to FPRC and 50% will be retained by the City. Staff will use information provided by FPRC to monitor foreclosed properties and contact and prosecute responsible parties should code violations occur on foreclosed properties. The Draft Agreement is included in this Agenda for information purposes. A Fee Resolution and Final Agreement with FPRC will be included for Council's consideration at Second Reading. Submitting Department Director: Todd Morle K Date: 4/9/2012 Attachments: Ordinance No. 07-2012; and Federal Property Registration Corp. Draft Agreement. City Council Meeting Date: 4/17/2012 Item No. 7 Page 2 of 2 Financial Impact: Cost to prepare and advertise the Ordinance. Fifty percent (50%) of the Vacant Property Registration Fee. Reviewed by Interim Finance Director: John McGinnis - Date: y ,R 0/ The City Manager recommends that City Council take t6q f flowing ac ion(s): Adopt Ordinance No. 07-2012 on First Reading Approved by City Manager: David L. Greene (D Ixt- Date: �W //—,)- City „2City Council Action: [ ] Approved as Recommended [ ] Disappr ve [ ] Approved with Modifications [ ] Tabled to Time Certain. ORDINANCE NO. 07-2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 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, REGISTRATION AND MAINTENANCE OF PROPERTIES IN FORECLOSURE; PROVIDING FOR PURPOSE AND INTENT, DEFINITIONS, REGISTRATION REQUIREMENTS, MAINTENANCE REQUIREMENTS, SECURITY REQUIREMENTS, PENALTIES, SUPPLEMENTAL AUTHORITY AND OTHER RELATED PROVISIONS; 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 V111, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council finds that property subject to a mortgage in default often ends up in situations causing neighborhood blight as a result of lack of adequate monitoring, maintenance and security; and WHEREAS, the City Council recognizes that the recent wave of foreclosures during the current economic recession has caused a significant increase in properties becoming vacant within the City; and WHEREAS, the abandonment of real property due to foreclosure often results in property becoming deteriorated and a public nuisance; and WHEREAS, the City Council finds that mortgagees have an interest in maintaining real property that is subject to foreclosure proceedings so the property does not become an eyesore to the neighborhood or a public nuisance; and WHEREAS, the City Council further finds that it is in the public interest to address, through code enforcement, the safety, aesthetic, and economic concerns caused by real property in foreclosure; and WHEREAS, the City Council's intent by imposing the registration and other requirements City of Cape Canaveral Ordinance No. 07-2012 Page I of 9 set forth in this Ordinance, is to decrease the likelihood of vacant real property and real property in foreclosure from becoming public eyesores and public nuisances; and WHEREAS, the City Council also desires to provide a local mechanism to collect and share information regarding foreclosed real properties so these properties can quickly move into the hands of owners who can make productive use of them for the economic well-being of the community; 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. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, A5 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. Chapter 82 Code Amendment. Chapter 82, Article V of the Cape Canaveral Code of Ordinances is hereby created and adopted as follows: Chapter 82. BUILDINGS AND BUILDING REGULATIONS ARTICLE V. REGISTRATION AND MAINTENANCE OF PROPERTIES IN FORECLOSURE Sec. 82-11.6. Purpose and Intent. Vacant buildings and real property under foreclosure are a major source of blight in commercial and residential neighborhoods, especially when the owner or mortgagee fails to properly maintain said buildings a -ad property. Vacant buildings and real property under foreclosure can also have a negative impact on the local economy. In many cases, real property under foreclosure often suffers from lack of maintenance and becomes neglected during the time it takes a mortgagee to complete the foreclosure process and secure the property. Such blight and negative conditions are hereby declared a public nuisance. It is the purpose and intent of this article to establish registration and maintenance requirements for vacant properties and properties under foreclosure as a mechanism to protect neighborhoods from becoming blighted and nuisances through lack of adequate maintenance and security. City of Cape Canaveral Ordinance No. 07-2012 Page 2 of 9 See. 82-117. Definitions. In construing the provisions of this article, the following definitions shall apply: Building means any structure approved for occupancy by the city. Default means the mortgagee files a foreclosure action in a court of law or records a lis pendens. Enforcement affleer means any code enforcement officer, law enforcement officer, building official, or fire inspector employed by or contracting with the City of Cape Canaveral authorized to enforce this article. Evidence of vacancy means any real property condition that independently, or in the context of the totality of the circumstances relevant to the real property, would lead a reasonable person to believe that the real property is vacant. Such conditions may include, but not be limited to, lack of human occupancy of any building for a long period of time, overgrown or dead vegetation; electricity and other utilities turned off; stagnant swimming pool; accumulation oftrash or debris; the absence of window coverings such as curtains, blinds, or shutters; the absence of furnishings or personal items consistent with habitation or occupancy of a building; statements by neighbors, delivery or government agents. Foreclosed property means real property that is in default. Local property manager means an individual property manager, property management company, property maintenance company or similar entity with a current business address and land line telephone number within Brevard, Indian River, Orange, Osceola, Seminole, or Volusia County, designated by the owner or mortgagee responsible for the maintenance of abandoned real property. Owner of record means the person. or entity holding recorded title to the real property in question as reflected in the Official Records of Brevard County, Florida. Secure manner shall include, but not be limited to, the closure and locking of all windows, doors, gates, garages, and other openings that may allow access to the interior of any building or structure on the real property. In the case of broken windows or doors, securing shall mean replacing the window or door. Temporary boarding of openings may be allowed pending repairs to the extent required by the enforcement officer to address public safety and emergency situations. Vacant means any building that is not lawfully occupied by human beings or inhabited based on the evidence of vacancy. City of Cape Canaveral Ordinance No. 07-2012 Page 3 of 9 Sec. 82-118. Registration Requirements. (a) Any mortgagee who holds a mortgage on real property located within the city shall, within ten (10) days of default by the mortgagor of the real property that is the security for the mortgage, register the property with the city. Registration shall be on a form provided by the city and shall include, at a minimum, the following: (1) The mortgagee's name, direct mailing address, e-mail address, contact person, and telephone number; (2) The address and parcel identification number of the real propertythat is being foreclosed upon by mortgagee; (3) Whether the property is vacant or occupied during the default period; (4) If the real property is, or becomes, vacant, the name, street address, e-mail address, and telephone number of the local property manager that will work on the mortgagee's behalf to inspect, maintain, and secure the real property; (5) If a foreclosure complaint involving the real property has been filed in circuit court, or the real property is subject to a bankruptcy proceeding, the style of the case, including, court name, case number, and parties; (6) Express authorization for city employees to enter upon the exterior of the property in the event the property becomes vacant for the purpose of ensuring compliance with this article. (b) At the city's discretion, registration required by this section shall be made on a paper form or electronically. If the city chooses electronic registration, the city may retain the services of a third party to handle the registration requirements, provided the information obtained pursuant to this section is made readily available to the city and accessible pursuant to the public records laws of Florida. (c) Any person or other legal entity that has registered a property under this section shall be required to report any change of infonnation contained in the registration within ten (10) days of the change. (d) In the event there are several mortgagees with mortgages on the property, the registration, inspection, maintenance, and security requirements imposed by this article shall apply to the mortgagee with the most superior mortgage that has declared the mortgage in default unless the several mortgagees notify the city to the contrary in writing. However, nothing herein shall prevent inferior mortgagees from voluntarily complying with this article after a primary mortgagee registers hereunder. City of Cape Canaveral Ordinance No. 07-2012 Page 4 of 9 See. 82-119. Registration Fees. The City Council shall establish, by resolution, fees for the registration and re -registration requirements required by this article. Said fees shall be based on the reasonable estimated cost of administering the provisions of this article and shall. be due and payable at the time of registration or re -registration. The fee schedule may be based on the size and type of property being registered. Sec. 82-120. Mortgagee Inspection Requirements. If the foreclosed property becomes vacant at any time, the mortgagee shall initiate and maintain on-site inspections of the property at least once every thirty (30) days to verify compliance with this article. Said inspections shall continue until such time as the default is cured, or the mortgagee completes the foreclosure process and the property is sold to a third party either directly by the mortgagee or at a foreclosure sale. Once the property is sold, the mortgagee shall provide the city written proof of the sale in order to be relieved of the requirements of this article. Sec. 82-121. Maintenance Requirements. The following maintenance requirements shall apply to properties subject to this article: (a) The property shall be kept free of excessive weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices (excluding those required by federal, state, or local Iaw), discarded personal items such as furniture, clothing, appliances, printed materials or any other items that give the appearance that the property is abandoned or not being properly maintained. (b) The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure. ( c) Yards on developed property shall be regularly landscaped and maintained in good condition pursuant to the property maintenance standards set forth in the City Code. At a minimum, landscaping on developed property shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges, mulch, or similar plantings which are appropriately designed for residential, commercial, or industrial installation as applicable. Maintenance on developed property shall include, but not be limited to, watering, irrigation, cutting and mowing of required landscape and removal of all trimmings. Undeveloped property that has been cleared shall be maintained in good condition free of excessive weeds, debris, and junk pursuant to the property maintenance standards set forth in the City Code. Property in a natural condition shall be maintained in its natural condition free and clear of debris and junk. (d) Pools and spas shall be regularly kept in working order so that pool and spa water City of Cape Canaveral Ordinance No. 07-2012 Page 5 of 9 remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements of the City Code and Florida Building Code. (e) Outdoor play equipment, furnishings, or other accessory structures shall be properly maintained and secured so as not to be accessible to unauthorized persons or not to create an attractive nuisance or safety hazard. (f) The property shall be regularly monitored for indications of criminal activity on the premises such as use and sale of controlled substances, prostitution, and criminal street gang activity. Any indication of criminal activity shall be reported to the Sheriff s Department at such time it becomes reasonably known. Sec. 82-122. Security Requirements. (a) Buildings and structures subject to this article, and property subject to this article which is required to be enclosed or secured in accordance with law, shall be maintained in a secure manner at all times so as not to be accessible to unauthorized persons. (b) If a foreclosed property becomes vacant, the mortgagee shall perform, or designate a local property manager to perform on the mortgagee's behalf, on-site inspections of the foreclosed property to verify compliance with the requirements of this article, and any other applicable laws. Said inspections shall occur a minimum of once every thirty (30) calendar days unless an enforcement officer determines, in writing, that more frequent inspections are required to ensure compliance with this article or to prevent a decline of the property, a public or attractive nuisance, or a blight on the surrounding neighborhood. At the written. request of the city prior to any inspection required by this article, the person performing the inspection shall be required to schedule the inspection with the city for a date and time certain so that an enforcement officer can meet the person on-site in order to address any compliance issues under this article. ( c) When a foreclosed property becomes vacant, it shall be posted as follows: (1) The posting shall contain the name and telephone number of the local property manager, who shall be accessible at said telephone number 24 hours per day. The posting shall be on white paper 8 '/2 by 11 inches in size and shall be in a type no smaller than 24 point. (2) The posting shall contain language substantially similar to the following: THIS PROPERTY IS MANAGED BY [NAME OF LOCAL PROPERTY MANAGER]. TO REPORT PROBLEMS OR CONCERNS, CALL [TELEPHONE NUMBER(S) OF LOCAL PROPERTY MANAGER]. (3) The posting shall be placed on the interior of a window facing the street to City of Cape Canaveral Ordinance No. 07-2012 Page 6 of 9 the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street, or if no such area exist, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather -resistant materials. Sec. 82-123. Additional Authority of Enforcement Officers; Immunity. (a) Enforcement officers shall have the authority to require the mortgagee and/or owner of record affected by this section to implement additional maintenance and/or security measures including, but not limited to, securing or repairing of any and all doors, windows, or other openings, chaining or pad locking gates, repairing fences and gates, or other measure as may be reasonably required to prevent a decline of the property, a public or attractive nuisance, or a blight on the surrounding neighborhood. Temporary boarding of openings may be allowed pending repairs to the extent required by an enforcement officer to address public safety and emergency situations. Said additional requirements shall be stated in writing and shall have the force of law under this article. (b) Any enforcement officer authorized by the city to enforce this article shall be immune from prosecution, civil or criminal, for reasonable good faith entry or trespass upon any real property while in the discharge of duties imposed by this article. Sec. 82-124. Enforcement; Penalties. (a) The provisions of this article may be enforced and penalties imposed on mortgagees and/or owners of record for violations of this article as provided by law. Without limiting the city's right to impose any other penalties as provided by law, or to enforce this article by any other lawful means, a violation of this article shall be deemed a class IV violation for code enforcement citation purposes. Nothing under this article shalt be construed as imposing liability on local property managers acting on a mortgagee's behalf pursuant to this article. (b) Upon failure of the mortgagee to comply with the maintenance or security requirements under this article, the city manager or designee may take such appropriate action deemed necessary to remedy a maintenance and security failure on property subject to this article. Any such action taken on such premises shall be charged against the real estate upon. which the building or structure is located and shall be a lien upon such real estate. Any such lien shall be superior to all other liens except those of state, county or municipal taxes and shall be on a parity with liens of state, county or municipal taxes. Further, such lien shall bear interest at the maximum rate permitted by state law and costs of collection, and shall continue to be a lien against the real estate until paid. City of Cape Canaveral Ordinance No. 07-2012 Page 7 of 9 Sec. 82-1.25. Supplemental Authority. This article shall be deemed in addition and supplemental to any other provision of law. Section 3. Amendment to Section 2-283. Section 2-283 of the Cape Canaveral Code of Ordinances is hereby amended as follows (underlined type indicates additions and strikeon type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in section 2-283. It is intended that the text in section 2-283 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 2-283. Applicable codes and ordinances; class violations. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: LL31 Chatter 82, Article V,_ Registration and Maintenance of Properties in Foreclosure .... Class IV. T Section 4. 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 5. Incorporation Into Code. This Ordinance shall be incorporated into the City Code for the City of Cape Canaveral, 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 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of City of Cape Canaveral Ordinance No. 07-2012 Page 8 of 9 , 2012. Rocky Randels, Mayor ATTEST: For Against John Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels :Betty Walsh. First Reading: Legal Ad published: Second Reading: 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. 07-2012 Page 9 of 9 AGREEMENT BETWEEN THE CITY OF CAPE CANAVE .. AND d FEDERAL PROPERTY REGISTRATION CORP. This Agreement is made as of this _ day of , 2012 by and between Federal Property Registration Corp., a Florida Corporation, with offices at 6767 N. Wickham Road, Suite 400, Melbourne, Florida 32940 ("FPRC"), and the City of Cape Canaveral, a Florida municipal corporation, with an address at 105 Polk Avenue, Cape Canaveral, FL 32920 ("City"). WITNESSETH: WHEREAS, due to an overwhelming number of mortgage foreclosures on vacant buildings and real property that are in violation of the Cape Canaveral Code of Ordinances, the care of neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the City Cape Canaveral; and WHEREAS, in order to promptly and efficiently address the issues related to the maintenance of foreclosed vacant buildings and real property; the Cape Canaveral City Council adopted Ordinance _-2012 ("the Ordinance"); and WHEREAS, pursuant to the Ordinance the City desires to enter into this Agreement with FPRC in order to provide services authorized pursuant to Ordinance _-2012, to register real property that is in default (hereinafter "Foreclosed Property") so that the City can properly address violations of the City's property maintenance codes; and WHEREAS, FPRC will also provide an electronic registration process that is cost-free and revenue -generating for the City. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by this reference. 2. FPRC Responsibilities ("Municipal Services"). A. FPRC shall proactively contact those mortgagees that, on or after the date that this Agreement is approved by the Cape Canaveral City Council, file a public notice of default, lis pendens, foreclosure action, or take title to real property via foreclosure or other any legal means, and will provide such mortgagees with copies of the Ordinance as well as information regarding the website for electronic registration as set forth herein. ,Agreement City of Cape Canaveral / Fedexal Property Registration Corp. Page l of 8 kA47 a B. FPRC shall provide the means for electronic registration of foreclosed properties within the City. FPRC agrees to provide a website for the registration of each Foreclosed Property in order to enable compliance with the Ordinance. The website will direct registrants to the City's website, and further direct traffic, via a hyperlink, to www.VacantRegistry.com. The website at www.VacantRegistry.com will allow mortgagees and/or responsible parties to register property to comply with the Ordinance. C. FPRC shall investigate, report, or take corrective measures monthly to update property status of all Foreclosed Property electronically registered and in compliance with applicable City ordinances. D. FPRC shall pay for all expenses related to registration of all Foreclosed Property, and all administrative costs and fees related thereto. E. FPRC shall charge a fee of Two Hundred Dollars ($200.00) per applicant to register all mortgagees that are required to comply with Ordinance = 2012 ("Registration Fee"). FPRC shall retain fifty percent (50%) of the Registration Fee, whichever is greater, and remit the balance to the City in consideration of the services provided. FPRC shall forward payment of the City's portion of the Registration Fee to the City's Finance Department no later than the 15th day of each month during the Term of this Agreement. F. FPRC shall execute the City's website link agreement and meet all City IT security, and anti-viral requirements. 3. Indemnification and Hold Harmless. For all Municipal Services performed pursuant to this Agreement, FPRC agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, its employees, attorneys and officers, from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from, or out of the following: (a) the acts, errors, omissions, intentional or otherwise, arising out of or resulting from FPRC's and its employees, partners, contractors, and agents performance of the Municipal Services and work being performed under this Agreement and (b) FPRC's, and its employees, partners, contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to FPRC's and its employees, partners, contractors, and agents performance under this Agreement. The indemnification provided above shall obligate FPRC to defend at its own expense or to provide for such defense, at the option of the City, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees and officers which may result from the Municipal Services performed under this Agreement whether the Municipal Services are performed by the FPRC, its employees, Agreement City of Cape Canaveral l Federal Property Registration Corp. Page 2 of 8 contractors, partners, and agents or anyone directly or indirectly employed by FPRC. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with the indemnification provided herein. 4. Term. This Agreement will terminate one (1) year from the date it is executed by the City ("Term"). In addition, the parties may agree to renew this Agreement on an annual basis for additional one-year terms through the execution of a written amendment to this Agreement signed by both parties. S. 'Termination. This Agreement may be terminated by either Party with or without cause, immediately upon thirty (30) calendar days written notice. Upon termination by City, FPRC shall cease all work performed and forward to the City any Registration Fees owed to the City. In the event of termination of this Agreement, any reports, records, documents, forms, and other data and documents prepared by FPRC whether finished or unfinished shall be delivered by FPRC to the City Manager within seven (7) business days of termination of this Agreement by either party. Any compensation due to FPRC shall be withheld until all documents are received as provided herein. 6. Agreement Documents. City Ordinance _-2012 is attached hereto as Exhibit "A" and incorporated herein by this reference. 7. Insurance. FPRC shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance as will assure to City the protection contained in the foregoing indemnification undertaken by FPRC. A. General Liability Insurance: FPRC shall purchase and maintain, at its own expense, such general liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the programs, functions, and services performed by FPRC and its authorized contractors under this Agreement. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined single limit for bodily injury liability and property damage liability. B. Workers' Compensation insurance of not less than the statutory limits with $100,000 Employers Liability. C. Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles and employee non -ownership with limits of not less than $1,000,000.00 per occurrence. Agreement City of Cape Canaveral / Federal Property Registration Corp. Page 3 of 8 D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than $1,000,000.00 to assure City the indemnification specified herein. E. All insurance coverage shall be insurer(s) approved by the City Manager and licensed by the state of Florida to engage in business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." FPRC shall cause its insurance tamers to furnish insurance certificates and endorsements specifying the types and amounts of coverage and effect pursuant hereto, the expiration date on such policies, and the statement that no insurance under such policies will be cancelled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. FPRC shall be solely responsible to pay any deductible, if any, relating to any claim made against the insurance coverages and policies provided under this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by FPRC in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify FPRC in writing thereof within thirty (30) days of the date of delivery of such certificates and endorsements to the City. For all programs, functions, and services permitted and occurring under this Agreement, including any and all programs, functions, and services provided and performed by FPRC and by authorized contractors, FPRC shall continuously maintain such insurance in the amount, type, and quality as required by this Agreement. 8. Public Records. FPRC agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical farm, characteristics, or means of transmission, made or received pursuant to this Agreement, are considered public records pursuant to Chapter 119, Florida Statutes. All public records shall be retained for a period of three (3) years after the termination of this Agreement, or after resolution of all on-going state or local audits, whichever occurs later. 9. Audit and Inspection. A. All FPRC's records with respect to any matters covered by this Agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and male excerpts or transcripts of all relevant data in order to determine FPRC's compliance with the terms and conditions of this Agreement. Any deficiencies noted in audit reports must be fully cleared by FPRC within thirty (30) days after receipt by FPRC. Failure of FPRC to comply with the above audit requirements will constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the termination of this Agreement. Any incomplete or incorrect entry in FPRC's records shall be a basis for the City's disallowance and recovery of any payment upon such entry. B. In addition, FPRC shall respond to the reasonable inquiries of any successor companies and allow such successor companies to receive records relating to matters of Agreement City of Cape Canaveral / Federal Property Registration Corp. Page 4 of 8 F, '- continuing significance to the City. In addition, FPRC shall provide a complete'coof all records to the City, prior to any final payment, in accordance with this Agreement. 10. Provision of Services is a Private Undertaking. With regard to any and all Municipal Services performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and FPRC is such that FPRC is an independent contractor and not an agent of the City. FPRC, its members, employees, contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City and FPRC, its members, contractors, partners, employees, or agents, during or after the performance of the Municipal Services under this Agreement. This Agreement shall not be construed as creating any joint employment relationship between FPRC and the City and the City will not be liable for any obligation incurred by FPRC, including but not limited to unpaid minimum wages and/or overtime premiums. 11. Notices. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice shall be deemed to have been given upon receipt. For the present, FPRC and the City designate the following as the respective places for giving of notice: City: City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Attention: City Manager (321) 868-1230 Copy To: Anthony A Garganese, City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. 111 North Orange Avenue, Suite 2000 P.O. Box 2873 Orlando, Florida 32801 (407) 425-9566 FPRC: Thomas R. Darnell, Vice President 6767 N. Wickham Road, Suite 400 Melbourne, FL 32940 (321) 421-6639 Agreement City of Cape Canaveral / Federal Property Registration Corp. Page 5 of 8 DO, .F ' 12. Assignment. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by FPRC without the prior written consent of City. 13. Amendment. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 14. Contingent Fees. The parties acknowledge that Geoffrey B. Sluggett & Associates, Relationship Manager, Independent Contractor and Consultant of FPRC, will receive a fee or a commission, to be paid by FPRC, as a result of the parties executing this Agreement. The City shall not be responsible for payment of any fee(s) to Geoffrey B. Sluggett & Associates. Geoffrey B. Sluggett & Associates is not a full -tune employee of FPRC and performs services for others. 15. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 16. Laws and Ordinances. FPRC shall observe all laws and ordinances of the City, county, state, federal or other public agencies directly relating to the Municipal Services being conducted pursuant to this Agreement. 17. Equal Employment Opportunity. In the performance of this Agreement, FPRC shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 18. Waiver. Any failure by City to require strict compliance with any provision of this Agreement shall not be construed as a waiver of such provision, and City may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 19. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 20. Choice of Lava, Venue. This Agreement has been made and entered into in the State of Florida, County of Brevard, and the laws of the State of Florida shall govern the validity and interpretation of this Agreement and the performance due hereunder. Agreement City of'Cape Canaveral / Federal Property Registration Corp. Page 6 of 8 The parties agree that venue shall be exclusively in Brevard County, Florida, for Ysta court actions or disputes which arise out of or based upon this Agreement, and in Orlando, Florida for all federal court actions or disputes which arise out of or are based upon this Agreement. 21. Attorney's Fees. Except as otherwise provided by law, should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 22. Entire Agreement. This Agreement represents the entire and integrated agreement between the City and the FPRC and supersedes all prior negotiations, representations or agreements, either written or oral. 23. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law. As such, FPRC agrees that the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00) or any claim or judgment, or any portion thereof, which when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 24. No City Obligation for Funds. No provision in this Agreement shall be construed as requiring the City to provide any funds to FPRC. 25. Headings. All headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 26. No Joint Venture. No provision contained herein shall be construed as creating a joint venture between the parties. 27. Professionalism and Standard of Care. FPRC shall do, perform and carry out in a professional manner all Municipal Services required to be performed by this Agreement. FPRC shall also use the degree of care and skill in performing the Municipal Services that are ordinarily exercised under similar circumstances by reputable members of professional service providers working in the same or similar locality as FPRC. 28. Integration. The drafting, execution, and delivery of this Agreement by the parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there Agreement City of Cape Canaveral I Federal Property Registration Corp. Page 7 of 8 are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. IN WITNESS WHEREOF, this Agreement is entered into as of the day and year the last party signs this Agreement as stated below. ATTEST: Angela Apperson, City Clerk WITNESS: Print Nance: Print Name: CITY OF CAPE CANAVERAL: By: David Greene, City Manager Date: FPRC: By: Title: Date: Agreement City of Cape Canaveral / Federal Property Registration Corp. Page 8 of 8 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04117/2012 Item No. :9 Subject: Discuss request 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, Spain — City Historian. Summary: In a letter dated March 22, 2012, City Historian Ray Osborne informs the City Council about an opportunity to help the community recover lost history of the ancient Ais Indians who lived in this area thousands of years ago. The Ais, or Ays, were a tribe of Native Americans who inhabited the Atlantic Coast of Florida. They ranged from present day Cape Canaveral to the St. Lucie Inlet, in the present day counties of Brevard, Indian River, St. Lucie and northernmost Martin. They lived in villages and towns along the shores of the great lagoon called Rio de Ais by the Spanish, and now called the Indian River. The name Ais is derived from a great Indian Cacique (Chief). The letter requests the City make a financial contribution towards the cost for a twelve week study of ancient 17th century manuscripts. Led by Department of History Professor Dr. J. Michael Francis of the University of North Florida, he and a group of five students will be traveling to the General Archives of the Indies in Seville, Spain. Student Arthur Tarratus is working on the ancient history of our area and the Ais Indians. Mr. Osborne states financial assistance is required for Mr. Tarratus' meals and incidental costs such as photocopying. It is Mr. Osborne's intention, as a private citizen, to seek funding participation from Brevard County and other local city governments. As of this writing, he is scheduled to appear before the Brevard County Commission on April 3, 2012 and the Satellite Beach City Coun on April 4, 2012. Prepared by: Mia GoforthjjaW Date: 03/22/2012 Attachments: 1. Letter to the City Council from Ray Osborne 2. E-mail from Ray Osborne to the City Clerk's Office 3. Additional information provided by Ray Osborne Financial Impact: Unknown percentage of $5,760.00, and Staff time to prepare agenda item. Q Reviewed by Interim Finance Director: John McGinnis bate: oZ0/k The City Manager recommends that City Council take t foll wing ac io (s): Discuss request 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, Spain — City Historian. Approved by City Manager: David L. Greene '3rd _ Date: City Council Action: [ ] Approved as Recommended [ ] Disapprove [ ] Approved with Modifications [ ] Tabled to Time Certain From: Ray Osborne — City Historian March 22, 2012 209 Holman Road Cape Canaveral F132920 Dear Honorable City Council Member, An opportunity has arisen that can help us as a community recover lost history of the ancient first people's who lived and raised their families for thousands of years in Cape Canaveral - The Ais Indians. The purpose of letter is to request that the city to make a contribution towards a grant for a research trip by a history professor and his student to the Archives of the Indies in Seville Spain. Recently we had a well attended presentation by Dr. Michael Francis of the University of North Florida entitled, "Discovering the Lost History of our Ancient Cultures." In this presentation he presented the findings from ancient Spanish documents he made with his students on their previous three trips. These trips revealed many fascinating accounts including a female Indian Cacique by the name of dopa Maria, and an Irish clergyman of the 17th century, and many other colorful stories of forgotten characters of St. Augustine. Dr. Francis stated that there are many Spanish documents in the Seville archives about the Indians of our area and that much of the information we presently know about them is incorrect. This May he wants to send another student by the name of Arthur Tarratus to research the Ais Indians of our area. Everything is pretty much taken care with travel and lodging expenses but financial assistance is required for Arthur's meals and incidental costs such as photocopying for his twelve week research trip. It is my intention to leverage this grant with Brevard County and other local city governments, This is a rare opportunity in preparation for the state's 500th anniversary and our own city's 50th anniversary to recover lost history of the Ancient Indians of Cape Canaveral and Brevard County, our own Dan Brown type novel in the making. I respectively ask the city council what percentage of the $5750.00 grant they are willing to participate in. All grants and donations are tax deductible: UNF Foundation - David C. Johnson American Studies Fund attn: Dr. Michael Francis Department of History 1 UNF Drive Jacksonville, FL 32224 Mia Goforth From: Ray Osborne <rko153@gmail.com> Sent: Tuesday, March 27, 2012 9:15 AM To: Mia Goforth Cc: Angela Apperson Subject: Re: For Ray Osborne's agenda package Thanks for email. See my answers underneath your questions. On Mon, Mar 26, 2012 at 3:36 PM, Mia Goforth <M.GoforthQcityofcgpecangyg al.org> wrote: Good afternoon Ray, We need clarification on your item regarding your request to be added to the April 17'' Agenda: 1- Exactly what is Dr. Francis' role as far as the trip itself? Will he be traveling with his student? Yes as I understand it he is travelling with his students, he has five students he needs to supervise and make sure they do their classroom work correctly. Arthur is just one student who is working on ancient history of our area. 2- Is Dr. Francis helping to raise funds on behalf of his student? Yes as I understand it, he raised funds with the humanities council for grants for his student's airfare and lodgings. 3- Is the Brevard Historical Society participating in this project in anyway? Please explain either way. There is no such thing as a Brevard Historical Society but I believe you mean the Brevard Historical Commission. I will understand their role and even the Space Coast TDC after I meet with the Brevard County Commission and take their direction as both of these agencies report to the commission. There is a meeting tonight with the historical commission tonight, can I do something? Would you like an endorsement for this project from them? 4- What other cities and/or counties have you approached for support so far? I started as a private citizen asking the City of Cocoa. Beach. Their mayor said they didn't have fiends for this kind of thing right now, so I decided I would wait to see the outcome of Brevard County Commission before I approached the City of Satellite Beach, Titusvillle, Cocoa, Rockledge etc and of course my own city. 5- What other cities/counties do you intend to approach? City of Satellite Beach, Titusvillle, Cocoa, Rockledge, Melbourne Beach,Melbourne, West Melbourne etc. 6- In your letter to Council you state "the purpose of the letter is to request that the city make a contribution towards a grant" — have you received any "grants" so far? If so, we will need to see some sort of back-up paperwork for your agenda item. Not yet, I want to start with my own city and the county commission to get some direction on this approach, 7- Also, we see you are on the "Advanced" Brevard County Commission Meeting for April 3 — Is this confirmation that your item will appear on the Agenda for that meeting? Yes, as I understand my item is on the agenda with the commission for April 3rd. A good date I might add as this will be the approx date of the 499th anniversary of our state. Do you have any other questions? I have a phone meeting with Dr. Francis tomorrow after his meeting in Miami. He is visiting many other Florida cities and doing research for them too in time for the Viva Florida 500 celebration. Like I said in my letter this is a rare opportunity for us as a region, to discover lost history of the first people's of our area. The City's Administrative policy is to answer all of the who, what, why, when, where, how & how much questions for the Council and the Community so they can be properly informed and prepared. As such, the item is much more likely to be approved for the Agenda and possibly approved by Council. If you would like to call me to discuss further or have questions. 321-868-1220 x221 Thank you. Mia Mia Goforth, Deputy City Clerk m.goforth a@eityofcgpecanaveral.org City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 321-868-1220 x221 FAX 321-868-1248 www.cityofcqpecanaveral.org Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address refeased in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. From: Ray Osborne [mailto:rko1530)gmaii.corn] Sent: Monday, March 26, 2012 12:17 PM To: Mia Goforth Cc: Angela Apperson Subject: Re: For Ray Osborne's agenda package Please add this to the agenda package so the city manager can make an informed decision. My item is on the agenda of the Brevard County Commission for April 3, Item G I am representing myself as a private citizen. On Fri, Mar 23, 2012 at 3:09 PM, Ray Osborne <rkol53@gmail.com> wrote: Thanks, I understand that. If I may just add one more item to the agenda package. On Fri, Mar 23, 2012 at 1:50 PM, Mia Goforth <M.Goforth@a cityofcapecanaveral.org> wrote: Ray, At this time. your item has not been approved by the City Manager yet for inclusion on the 4-17-12 agenda. If and when it is, then I can send you what will appear on the agenda. I really don't expect to have an answer for you until sometime next week at the earliest. Mia Mia Goforth, Deputy City Clerk m. gofortb@cityofegpecanaveral.org City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 321-868-1220 x221 FAX 321-868-1248 www. cityo feapecanaveral. or ; Florida has a very broad pubic records Jaw. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. From: Ray Osborne [mai1to:rko153 gmail.comj Sent: Friday, March 23, 2012 1:39 PM To: Mia Goforth Subject: Re: For Ray Osborne's agenda package Thanks Mia, Can 1 get a copy of the changes? 1 have this on the Agenda for the Brevard County Commission for early April and your changes may be helpful for me to know what 1 need to be telling them too. On Fri, Mar 23, 2012 at 11:26 AM, Mia Goforth<M.Goforthkeityofcapecanaveral.org> wrote: Good morning Ray, Your item is in review, I had to beef up your cover application with more detailed information from the letter you submitted to Council; we may need more than that. I'm waiting to receive the item back from the City Manager with his input. We will keep you informed as the 4-17-2012 agenda progresses. Thanks. Mia Mia Goforth, Deputy City Clerk m. ofg orth(gcityofcapecanaveral.org City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 321-868-1220 x221 FAX 321-868-1248 www.cit.T� ofcapccanaveral.or Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. instead, contact our office by phone or in writing. From: Ray Osborne [mailto:rkol53@gmaii.com] Sent: Friday, March 23, 2012 9:48 AM To: Angela Apperson Cc: Mia Goforth Subject: For Ray Osborne's agenda package Can you add these to my agenda item package? I may have a couple more sheets to add. Did the application look okay? On Thu, Mar 15, 2012 at 8:04 AM, Angela Apperson <A.A erson cit ofca eeanaveral.or > wrote: Ray, The agenda for the March 2e meeting has already been posted. Items for the April 17th meeting must be submitted by April 4th, using the attached form. You will be given 10 minutes to present your item. The City Manager has the privilege of deciding which items to place on the agenda. Each agenda also contains a Public Comments item, which allows you five minutes; however, Council usually does not take any action on items presented. Best wishes, Angie Angela M. Apperson, MMC Assistant City Manager/City Clerk (Administrative/Human Resource and Risk Management Services) City of Cape Canaveral e ._ I Cape Canaveral, FL 32920 www; cit.yofcgpecanaveral.org Office Phone: 321-868-1220 x 220 Office Fax: 321-868-1248 M_ _� IMF IF IT IS TO TO ME Please note my new e-mail address: a.Wersonkcityofcapecanaveral.org From: Ray Osborne [mai1to:rko1530gmail.comj Sent: Thursday, March 15, 2012 3:48 AM To: Angela Apperson Cc: Mia Goforth Subject: Small item for the city council agenda Angela, we had a great turnout for Dr. Francis. I'd like to get a small item on the next available city agenda. If it needs to be that way, but I'd like to present something to the city regarding this historical research trip to Spain. What is the protocol? Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made avai#ablo to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or In wr€ting. Fforida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity, Instead, contact our office by phone or in writing. Historic marker by Brevard Historical Commission at Gleason Park in Indian Harbor Beach. From "Images of America: Cape Canaveral" Pg 15. published by Arcadia Press Authored by Ray Osborne Discovering the lost history of our ancient first peoples — The Ais Indians Dr Michael Francis gives well attended presentation at Cape Canaveral Library. Dr. Francis finds Spanish explorer Alvero Mexia's lost Deterreo, this is the first page and Mexia's signature. Arthur Tarratus recently said at our Facebook page, "I actually had been transcribing Mexia's derrotero this past week and finished up probably at the same time Dr. Francis was giving his talks. I was pretty darned excited to find it? The derrotero itself is about three or pages of a file of about 70 pages of letters from Pedro de Ybarra to the king and there is much to be gleaned from in there as I really dig in. I would be very happy to do some justice to it. So, in that larger sense I want to thank this list for the constant enthusiasm here, and so obviously demonstrated in Dr. Francis' visit. Great times." FAQ What's this about? This is about research mission to Seville Spain to uncover lost Brevard County history of the 17th century. A Dr. Michael Francis of the University of North Florida is sending students to Seville Spain to examine ancient Spanish manuscripts to discover information about the Spanish and the Native Cultures of our area known as the Ais Indians. In 1605 there was a diplomatic mission by Alvero Mexia to the Ais Indians which not only produced a wonderful map of our area but also resulted in a "Period of Friendship" with the local indigenous tribes. This is one item of research. For more information on this project and to get updates send email to ourhistoryl53 ayahoo.cam or call 321-345-1513. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: te: 04/17/2012 Item No, Subject: Consider Chase Home f=inance, LLC's Application for Satisfaction or Release of $98,250.00 Code Enforcement Lien, Case No. 2008-00127, 8740 Croton Court. Department: Code Enforcement Summary: At its March 22, 2012 Code Enforcement Board meeting, the Board considered an application for satisfaction or release of code enforcement lien submitted by Chase Home Finance, LLC. The applicant sought the reduction of the lien from Ninety -Eight Thousand Two Hundred Fifty Dollars ($98,250.00) to Nine Thousand Eight Hundred Twenty -Five Dollars ($9,825.00), 10% of the value of the lien, based on the financial loss incurred by the applicant from this property to date. Staff's recommendation to the Code Enforcement Board was to approve satisfaction of the lien in exchange for Seventy -Five Thousand Dollars ($75,000.00). Tyler Mesmer, legal counsel for the applicant, appeared at the meeting and informed the Board that Chase Home Finance, LLC authorized him to offer Fourteen Thousand Seven Hundred Thirty -Seven and 50/100 Dollars ($14,737.50) in satisfaction of the lien, 15% of the value of the lien. Section 2-260(e) of the City Code provides that the Code Enforcement Board shall make a recommendation to the City Council for approval, approval with conditions, or denial of the application for satisfaction or release of lien. In making its recommendation, the Board must consider the following: 1. The gravity of the violation; 2. The time in which it took the violator to come into compliance; 3. The accrued amount of the code enforcement fine or lien, 4. Any previous or subsequent code violations; 5. Any financial hardship; and 6. Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine. After considering these factors and Mr. Mesmer's presentation, the Board unanimously recommended that the City Council approve the satisfaction of the lien conditioned upon payment in the amount of Seventy -Five Thousand Dollars ($75,000.00). The City Council may take action based upon the application alone or it may, at its discretion, provide the applicant an opportunity to address the Council. The Council may approve, approve with conditions, or deny the application to satisfy or release the Tien. If the application is approved upon the condition that the violator pays a reduced penalty, said payment must be paid within 30 days of the Council's decision. Submitting Department Director: Todd Morley\-\" ) Date: 03/23/12 City Council Meeting Date: 04/17/2012 Item No. Page 2 of 2 Attachments: Code Enforcement Board Memo, Application for Satisfaction or Release of Code Enforcement Lien, Board Order, Notice of Compliance, Current Lien Amount Calculation, Staff's Consideration of reduction, Code Enforcement Draft Minutes and Re-recorded, Certified copy of Board Order, Financial Impact: Up to $98,250.00 in lien monies collected. Reviewed by Finance Director: John McGinnis Date: A G f The City Manager recommends that City Counci ake t e following actions): Approve satisfaction of Code Enforcement Board Lie conditioned upon reduced payment in the amount of $75,000.00. d by City Manager: David L. Greene & Date: 4//b/1.2 City Council Action: ( ] Approved as Recommended (] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Date: March 23, 2012 To: David Greene, City Manager Angela Apperson, City Cleric ItYCape®f Canaveral Building Department/Code Enforcement From: Joy Lombardi, Code Enforcement Board Secretary Re: Recommendation to the City Council (Satisfaction or Release of Lien) Case #08-127 At the March 22, 2012 Code Enforcement Board meeting, the Board considered a request to reduce a Code Enforcement Board Lien from ninety-eight thousand two hundred and fifty dollars ($98,250.00) to nine thousand eight hundred and twenty-five dollars ($9,825.00); 10% of the lien amount, due to the financial loss incurred from this property to date. The Board unanimously recommended that City Council reduce the outstanding lien to seventy-five thousand dollars ($75,000.00). 7510 N Atlantic Avenue P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.Mflorida.com/cape e-mail: cityofcapecanaveral.org From:Cape Canaveral Com Dev 321 666 1247 01/2512012 09:45 CITY OF CAPE CANAVERAL &PPLICATCON FOR SATISFACTION OR RELEASF, OF COBE ENFORCEMENT LIEN #091 P.0021003 CODE ENFORCEMENT CASE #: }. APPLICATION FEE, $ � �© APPLICANT; 1V �c DATE:-- ADDRESS: t C �[�f 3�j �� C e � -�` C�� pA idol i j, GY p3 �s STATE: QIP: NATURE OF VIOLATION(S), I C vv-\ cue Cyto 5 ADDRESS OF SUBJECT PROPERTY,- DATE ROPERTY, DATE FINE/LIEN IMPOSED: CON PLIANCE DATE: RELIEF REQUESTED: SATISFACTION /(!F00 UCTIONCircls one) IF REDUCTION, THE APPLICANT PROPOSES S U — AS THE AMOUNT OF Tim REDUCED FINE, THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES TMS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED. (If more space is needed add additional pages) . %-" O r7 w n r( 6I I A14 CIO �-- i AA TIM REASONS, IF ANY, WHY THE APPLICANT .DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING RvTOSED AND RECORDED: Of more space is needed add additional pages) ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO TIM 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) Applicantfs SignatA A+jtf-A/?jf pli. -Esc[ � Date: a .--'? 0 6,44 c1�qek -7% 391a-0 From:Cape Canaveral Com Oev 321 868 1247 01/25/2012 08:46 #091 P.003/003 STATE OF I I{ COUNTY OF t} EFORE N E the undersigned authoritydidperpn0y appear_ r @ �� C�'��113 /�� as identification, and who after being place under oath affirwho med informati contT, n this application is true and correct, need the 25S gy.fi 1'.' Notary lxo 6 y Z�pti 2a, Joan coel,ferl ,pg FOR, STAFF USE ONLY APPLICATION FEE: S RECEIVED BY CITY ON COMPLIANCE CONFIR?VIED BY BUILDING OFZCIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT R,ECONfMENDATION ATTACHED: yES ACTION OF CITY COUNCIL: APPROVE; DENY AP.pROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE NET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE t LAW OFFICES 01' NIAPiMIALL C, WATSON 1901 W. Cypress Creek Road, 3:d Floor Fort Lauderdale, FL 33309 Tel: (954) 771-5522 ext. 1381 Mitchell.Monroe@marshallwatson.com Web: www.marshallwatson.com February 20, 2012 VIA OVERNIGHT 1DELIVEER.Y 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 Hoare 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. Muckenfu.ss was for $86,413.91 on October 13, 2008, and Chase has spent approximately $28,873 to fix/improve the property. I 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 V. City of Cape Canaveral Community Development Department %L, w w A A F F �. ;z & 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 z 1=7722, OR BK 6105 PAGE 793, Recorded 0270172010 at 11:02 AM, Scott Ellis, Clerk of LEGAL: OCEAN WOODS STAGE 2 LOT 57 PLAT BOOK 0025 PG 0032 Courts, Brevard County Respondent, # Pgs:3 I 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 cf 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. • Findings of Fact and Ca c sions of Law Based Capon 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 162.12, 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 Capon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N. Atlantic Avenue m Post Office :Box 326 * Cape Canaveral, FL 32920.0326 'ng & Code Enforccmenv (321) 868-1222. Planning & Development (321.) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org - email: ccapecanaver-A@cll.rr.com 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 304.2, Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adoptee! by Section 82-221, of the City Cade; 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 $260.00 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 Fespondent 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 IS HEREBY ORDERED: 1. That because Respondent did not correct the violations of the City Code found by the Code Enforcement Beard 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 Carder 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 violations) 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 violations) is f are found to exist. Case #48-00127 The Code Enforcement Board hereby reserves the right to fake further necessary Inst the Respondent(s) to enforce this Order and correct any violation(s) on is property, in accordance with Section 162.09, Florida Statutes, and City of Cape Jode, 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 Rus Il, Chairperson Copies furnished to: Chase Horne 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 P2 day of anZ42,�-- . 2009. Z-Ae�- Joy mbardi, Board Secretary Duree Alexander, Code Enforcement Officer Prepared by and Return to: Ci=ty 2009228888, OR BK 6077 PAGE 1277, recorded 121tD12409 at 08:54 AM, Scott MIPs, CPerk of City of Cape Canaveral Courts, Brevard County Building Department # Pgs:1 P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1.222 NOTICE OF ADMEWSTRATWE ACTION R1� LATED TD UNSAFE STRUCTURE NOTICE IS HEREBY GIVEN, pursuant :to section 342.2 of the Standard Unsafe Building Abatement Code, as adopted by the Cape CanaveW Code of Ordinances section 82-56, that the building or stricture located on the following real property has been declared by the Building Official to be UNSAFE and that the owner(s) identified below have been noticed consistent with the requirements of applicable law: Physical address: 8740 Croton Court, Cape Canaveral, Florida. Legal Description: Ocean Woods Stage 2, Lot 57 Plat Book 0025, Page 0032 Parcel ID: 24-37-14-53-00000.0-0057.00 Owner(s): Chase Home Finance, LLC CIO Kam. D. Greaves, Manager, 415 Vision Drive G-7, Columbus, Ohio 43219-6009 The building or structure has been declared unsafe due to the following conditions and/or deficiencies; The roof trusses have sustained significant water damage and are incapable of supporting the load. Do Not Walk On This Unit's Roof, Signed and dated this 4th day of December, 2009. By: OF q T;MZorley,6Catpe Canav B '/ding Official, STATE Od' FLORIDA, COUNTY OF BREVARD The foregoing instrument was acknowledged before me this !!K_ day of ra-f 2004, by Todd Morley, Building Official for the City of Cape Canaveral, Florida and who is personally known to me. nom` ►r� Notary Public State of Florida NOTARY PUBLIC JOY t on1widi moo• My Ces OB/0 12 ppsa64g5 OFTe�'Xprea�af0312U11 Page I of I city of Cape Canaveral Community Development Department Chase Home Finance, LLC CIO David B. Lowman, Manager Chase Home Finance, LLC CIO Kinn D. Greaves, Manager Chase Home Finance, LLC CO 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 See. 302.1 Vacant Structures and Land IPMC Sec. 304.1 Interior Structure General IPMC Sec. 304.2 Structural Members 1PMC 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, &eeAlexander 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.m florida.comlca a e-mail. cityofcapecanaverai.org MONTH 8740 CROTON COURT, CAPE CANAVERAL FLORIDA CHASE HOME FINANCE - LIEN -CASE NO. 2008-00127 NUMBER OF DAYS FINE AMT TOTAL Nov -09 11/19/09 @ 12 250 $3,000.00 CFN2010017722 Dec -09 31 250 $7,750.00 OR BK 6105 PG 793 Jan -10 31 250 $7,750.00 CHASE HOME FIN. Feb -10 28 250 $7,000.00 Mar -10 31 250 $7,750.00 Apr -10 30 250 $7,500.00 May -10 31 250 $7,750.00 Jun -10 30 250 $7,500.00 Jul -10 31 250 $7,750.00 Aug -10 31 250 $7,750.00 Sep -10 30 250 $7,500.00 Oct -10 31 250 $7,750.00 Nov -10 30 250 $7,500.00 Dec -10 16 250 $4,000.00 TOTAL DUE $98,250.00 STAFF'S CONSIDERATIONS FOR REDUCTION OF THE LIEN 40 CROTON COURT CAPE CANAVERAL • ATTORNEY TIME AND FEES • LENGTH OF TIME (14 MONTHS) TO BRING INTO COMPLIANCE • NUMBER OF HEARINGS. • UNSAFE & HAZARDOUS CONDITIONS OF THE STRUCTURE AND AMOUNT OF TIME THE STRUCTURE WAS ALLOWED TO REMAIN IN THIS CONDITION. • THE FACT THAT IT ADVERSELY AFFECTED THE LIVING CONDITIONS OF THE ADJOINING PROPERTY OWNERS. • THE AMOUNT OF STAFF TIME INVOLVED IN THE ENFORCEMENT OF THE VIOLATIONS. 1. TIME & EXPENSE OF THE NOTICES, BOTH POSTING AND MAILINGS; 2. THE AMOUNT OF TIME SPENT WITH CONTRACTORS AND ADJOINING PROPERTY OWNERS; 3. NUMBER OF HEARINGS AND RELATED DOCUMENTS; 4. AMOUNT OF CORRESPONDENCE. 7510 N Atlantic Avenge — 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 MAPRESENTED AT THIS HEARING, STAFF jai •ar r6 lei AS FILED AGAINST COURT 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.m,yfiorida.com/cape e-mail: cityof'capecanaveral.org 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(b)(d), Standards Established; and Section 34-122(x), 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 staff's recommendation and find the Respondent in violation. Vote on the motion carried unanimously. OLD BUSINESS: Case No. 08-00127 -- Violation of Section 34-96, Standards Established: Section 34-97 Duties and Responsibilities for Maintenance, of ,the „City of Cage Canaveral Code of Fl. Code Enforcement Officer, Duree Alexander, providetl anoverview ,of the Case history and presented exhibits for the Board's review. Officer Aiexander_testified that all the violations on the property had been resolved and the property is , h 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 roperty 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;d.ollars ($75,000.00). Tyler Mesmer, of Marshall Watson Law Office (representative for Chase Home 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 on 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. CFN 2012063555, OR BK 6571 Page 386, Recorded 04/03/2012 at 03:35 PM, Mitch Needelman, Clerk of Courts, Brevard County tAt1; yr rLUNIVA COUNTY OF BREVARD CITY OF CAPE CANAVERAL City of Cape Canaveral CERTIFICATION 1, Angela M Apperson, do hereby certify the attached copy of Order Imposing Penalty for Case #08-00127, dated December 17, 2009, is a trite and correct photocopy of the City's record copy By hand and the official seal of the City of Cape Canaveral on this 3`a day of April, 2012 Angela 1 I{ye rsn*i I IMC City Clerk 105 folk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone(321)868-1220 Fax (321)868-1248 tivwwcItyofcapecanaveral org • email uifo@city©fcapecauaveral org OR BK 6571 PG 387 City ®f Cape Canaveral Community Development Department �,��� N CODE ENFORCEMENT BOARD .. CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #08-00127 s A Florida municipal corporation, Complainant, v 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 BiC 6105 PAGE 793, Recorded 02/010)10 at 1102 AM Scott Elits Clerk of LEGAL OCEAN WOODS STAGE 2 LOT 57 PLAT BOOK 0025 PG 0032 Courts Brevard County #P9s3 Respondent, 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 Findings of _act 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 12, 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 • Plamung & Development (32I) 868-1206 • Fax & Inspection (321) 868-1247 www ciryofcapecanaveral org • email ccapecanavcra @cfl rr coin OR BK 6571 PG 388 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 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, 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 IS 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 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 1 are found to exist OR RK 6571 PG 389 Case 908-00127 4 The Cade Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violations) 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 171h day of December, 2009 CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Rus II, 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 1 V day of Oe.-, u�ro� , 2009 Jo mbardi Board Y � Secretary Duree Alexander, Code Enforcement Officer STATE OF FLORIDA, COUNTY OF BBEVARD 1 HEREBY CERTIFY that the above and fnregoin a7'—' , hue copy of the original filed in this once MITCH NEEDELMAN, Cler Circuit and Bate s,