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HomeMy WebLinkAboutcocc_council_mtg_packet_20191119CAPE CANAVERAL CITY COUNCIL SINE DIE MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA November 19, 2019 6:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi- judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA: 6:15 p.m. 6: 20 p.m. 1. Approve Minutes for October 15, 2019 Regular City Council Meeting. 2. Approve the Amended Twelfth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $54,606 with Black's Spray Service, Inc. and authorize the Interim City Manager to execute same. PUBLIC HEARINGS: 6: 20 p.m. 6: 35 p.m. 3. Ordinance No. 15-2019; establishing Public/Recreation and Conservation Zoning Districts; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. 4. Ordinance No. 17-2019; amending the Supplementary Zoning District regulations regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. 5. Ordinance No.18-2019; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, second reading. ITEMS FOR DISCUSSION: 6: 35 p.m. 6: 50 p.m. 6. Discussion to consider amending the City of Cape Canaveral Parking Regulations (Submitted by Council Member Morrison) City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 19, 2019 Page 2 of 3 7. Discussion on options we have within the limits of FL Law 219-131 regarding telecommunication/wireless facilities. (Submitted by Council Member Morrison) 8. Discussion Item to consider directing the City Attorney to draft an ordinance that would require a unanimous vote by the Council to take action on amending, terminating or renewing a contract or employment agreement with the City Manager when the item to take Action was not consistent with Sec. 2-60 of the City Ordinances (Submitted by Council Member Morrison) CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CALL TO ORDER: ROLL CALL: OATHS OF OFFICE: PRESENTATION TO OUTGOING COUNCIL MEMBER ROCKY RANDELS: SELECTION OF MAYOR PRO TEM: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi- judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS/INTERVIEWS: 7:20 p.m. 7: 30 p.m. Presentation of Proclamation in Support of the Brevard Zoo's Aquarium Project. Presentation to the Financial Services Department of the Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2018. CONSENT AGENDA: 7: 30 p.m. 7: 35 p.m. 9. Resolution No. 2019-24; reappointing Members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and a retroactive effective date. (John Price and Lamar Russell) 10. Approve RZK Task Order and Amended Construction Budget for Multi -Generational Facility and CAPE Center solar initiatives and authorize Interim City Manager to execute same. City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 19, 2019 Page 3 of 3 11. Approve final design from Architects RZK, Inc. for the inclusion of a Splash Pad and supplemental structures associated with redevelopment of Canaveral City Park. 12. Approve the proposed 2020 City Council Regular and Budget Meeting Schedule. ITEM FOR ACTION: 7:35 p.m. 7: 40 p.m. 13. Appoint a Council Member as the Alternate Voting Delegate to the Space Coast Transportation Planning Organization (SCTPO) Governing Board, representing the North Beaches Coalition (NBC). ITEMS FOR DISCUSSION: 7: 40 p.m. 7: 55 p.m. 14. Review of Code of Conduct (Submitted by Council Member Raymond) 15. City Manager (Submitted by Council Member Raymond) 16. Affordable Housing (Submitted by Council Member Raymond) REPORTS: 7: 55 p.m. 8: 00 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. Item No. 1 D RA F T CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral,Florida TUESDAY October 15,2019 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:01 PM. Council Member Morrison led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: Interim City Manager Mia Goforth City Attorney Anthony Garganese Interim City Clerk Daniel LeFever Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Community Development Director David Dickey Cultural and Community Affairs Director Molly Thomas Economic Development Director Todd Morley Human Resources/Risk Management Director Jane Ross Leisure Services Director Gustavo Vergara Deputy Financial Services Director Melinda Huser Deputy Public Works Services Director Jim Moore Infrastructure Maintenance Manager Tim Carlisle Executive Assistant to the City Manager Lisa Day Brevard County Sheriff's Office Commander Linda Moros Brevard County Sheriff's Office Lieutenant Quincy Hines Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham PUBLIC PARTICIPATION: Christian Taylor, 8177 North Atlantic Avenue, voiced opposition to the Zoning Code prohibiting tattoo shops within certain parts of the City, submitted a legal article and petition in support of his argument and encouraged zoning changes and exemptions. Shannon Roberts, 703 Solana Shores Drive, provided information on an upcoming municipal candidates forum hosted by the League of Women Voters of the Space Coast, opposition to the use of stones in streetscape projects, impact of increasing presence of hotels and cruise ships and a request for more advisory boards and workshops. Raymond Osborne, 209 Holman Road, shared concerns regarding campaign signs being removed in the City. DRAFT City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 2 of 6 Andrew Dodge, 395 Harbor Drive, voiced opposition to the size and cost of the Multi -Generational Facility. Mayor Hoog recommended Mr. Dodge speak with Economic Development Director Morley regarding his concerns. Mark James, 135 Oak Lane, requested to speak regarding Item Nos. 10 and 11. City Attorney Garganese advised Mr. James speak on the Items during Public Participation in case Council does not remove the Items from the table. Mr. James submitted two aerial photos of Oak Lane, discussed a letter from Bernard Lennon submitted at the previous City Council Meeting, urged Council to not consider the letter when making decisions on the Items and referenced the history of conflicting surveys of the properties on Oak Lane. An individual, who did not state his name, referenced a proposed cell tower in the Harbor Heights area and stated Council has authority to deny the application. Gillian Eckhardt, 133 Manny Lane, read a prepared statement in support of tattoo parlors. Robert Carney, 340 Chandler Street, requested a speed hump on Chandler Street between Rosalind and Ridgewood Avenues. ADD -ON ITEMS: Discussion to consider amending the City of Cape Canaveral Parking Regulations; Discussion regarding the City of Cape Canaveral Regulations for Temporary Signs; Discussion on options we have within the limits of FL Law 219-131 regarding telecommunication/wireless facilities; Discussion Item to consider directing the City Attorney to draft an ordinance that would require a unanimous vote by the Council to take action on amending, terminating or renewing a contract or employment agreement with the City Manager when the item to take Action was not consistent with Sec. 2-60 of the City Ordinances (Submitted by Council Member Morrison): City Attorney Garganese advised on the process of voting to add the requested Items to the Agenda. Discussion ensued regarding placement of the Items at the end of the Meeting, voting to add all Items in one motion or individually, time constraints and established deadlines for submitting agenda items. City Attorney Garganese clarified that items not added will appear on the next City Council Meeting Agenda. A motion was made by Council Member Morrison to add all four Items to the Agenda. The motion died for lack of a second. A motion was made by Council Member Raymond, seconded by Council Member Randels, to move Item No. 13 immediately after Item No. 1. The motion passed 5-0. ITEM FOR ACTION: 1. City Manager appointment: Mayor Hoog explained the Item. Stuart Smith, 215 Coral Drive, voiced disagreement with the prior Meeting's vote and concerns of Sunshine Law violations. Andrew Dodge, 395 Harbor Drive, supported City Manager residency requirements and voiced alleged illegality of the prior Meeting's vote. John Price, 161 Majestic Bay Avenue, declined to comment. Oshri Gal, 140 Saint Croix Avenue, Cocoa Beach, stated support for Economic Development Director Morley as a City Manager candidate. Patrick Campbell, 307 Surf Drive, requested more details on the prior City Manager's separation before the City appoints a new City Manager. Raymond Osborne, 209 Holman Road, supported the City Manager either being an internal candidate or live within the City and more research to be done. Sarah Hodge, 369 DRAFT City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 3 of 6 Coral Drive, commented on the lack of time to review the Item before voting in the last Meeting, restrictions on public input, City Manager residency requirements, opposition to the planned Multi -Generational Facility, City Hall parking issues and opposition to cell towers. Bill Hodge, 369 Coral Drive, stated agreement with Sarah Hodge's concerns. Council discussion ensued and included the prior Meeting's vote to approve David L. Greene's Separation Agreement, the terms of the Agreement compared to the original contract, short timeframe to review the Item prior to the last Meeting, Sunshine violation allegations, statements made in the prior Meeting, State Law requirements, options presented to Council going forward, feasibility, cost and scope of conducting a search for a new City Manager, promoting from within, wants to avoid a rushed decision, four - to -seven year average tenure of a City Manager, Staff recommendation of Economic Development Director Morley and his 18 years' experience with the City, workload of the City Clerk's Office, Interim City Manager Goforth's support of Mr. Morley and a defined time period for an interim City Manager to serve to allow for Council to make an informed, final decision. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Morrison, to appoint Economic Development Director Todd Morley as Interim City Manager for a period of six months unless otherwise determined by Council. The motion passed 5-0. Mayor Hoog declared a ten-minute recess at 7:57 PM and called the Meeting back to Order at 8:08 PM. ITEM FOR DISCUSSION: 13. City Code Section 2-28 — Code of Conduct. (Submitted by Council Member Raymond): Council Member Raymond explained the Item, read sections of the Code of Conduct into the record and discussed the final nature of Council decisions and the City's Visioning and goals. PRESENTATIONS/INTERVIEWS: Interview Applicants for appointment to the Culture and Leisure Services Advisory Board. (Joel Fair and Kathy Parks): City Attorney Garganese confirmed the information in Mr. Fair's application was true and correct. Mr. Fair shared his family's involvement with Space Coast Little League and other Leisure Services functions. Council addressed and thanked Mr. Fair. City Attorney Garganese confirmed the information in Ms. Parks' application was true and correct. Ms. Parks shared her history in the area, her family's enjoyment of City parks and captaining a tennis team in the City. Council addressed and thanked Ms. Parks. CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion. Council Member Morrison removed Item No. 7. 2. Approve Minutes for September 12, 2019 Special Meeting and September 17, 2019 Regular Meeting. 3. Resolution No. 2019-21; approving a Memorandum of Agreement for Highway Maintenance along State Road A1A with the Florida Department of Transportation; providing for the repeal of prior inconsistent resolutions, severability and an effective date. DRAFT City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 4 of 6 4. Resolution No. 2019-23; appointing members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Joel Fair and Kathy Parks) 5. Resolution No. 2019-24-, in support of Florida Senator Debbie Mayfield's efforts to ensure the safety of all passenger rail systems in Florida by encouraging the Governor and Florida Department of Transportation to fulfill the recommendations within the Office of Public Policy and Government Accountability's Study regarding passenger rail; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 6. Approve renewal of James Moore & Co., P.L. as Independent Auditor and authorize execution of Engagement Letter. 7 Approve the Twelfth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $49,496 with Black's Spray Service, Inc. and authorize the Interim City Manager to execute same. 8. Approve the Fourth Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $203,249 with SSS Brevard OPCO, LLC dba Down to Earth — Melbourne and authorize Interim City Manager to execute same. 9. Request to postpone the second reading of Ordinance No. 15-2019-, establishing Public/Recreation and Conservation Zoning Districts; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date. (postponed on September 17, 2019) A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve Item Nos. 2, 3, 4, 5, 6, 8 and 9 on the Consent Agenda. The motion carried 5-0. 7. Discussion ensued regarding environmental concerns and costs associated with chemical herbicide options, including eliminating the use of glyphosate. Mickie Kellum, 8910 Coquina Lane, urged the City to set an example through the use of natural options. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve the addendum as written and for Staff to come back with a revised addendum at the next City Council Regular Meeting. The motion carried 5-0. TABLED ITEMS: 10. Resolution No. 2019-13; certifying a Right -of -Way and Maintenance Map of Oak Lane located within the jurisdictional limits of the City of Cape Canaveral, Florida; providing for the filing of the Map in the Office of Clerk of the Circuit Court of Brevard County pursuant to Section 95.361, Florida Statutes; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (tabled on September 17, 2019): A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to remove Resolution No. 2019-13 from the table. The motion passed 5-0. City Attorney Garganese read the title into the record and explained the Item. Discussion included the history of Oak Lane, ownership transfers, maintenance and establishing the Right -of -Way. A motion was made by Council Member Randels, seconded by DRAFT City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 5 of 6 Council Member Raymond, to approve Resolution No. 2019-13. Kathryn Seidel, 135 Oak Lane, stated support for both Resolution No. 2019-13 and Ordinance No. 17-2019. Mark James, 135 Oak Lane, discussed the Right -of -Way being fully surveyed for the first time and a positive future for Oak Lane. The motion passed 5-0. 11. Ordinance No. 17-2019; amending the Supplementary Zoning District regulations regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. (tabled on September 17, 2019): A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to remove Ordinance No. 17-2019 from the table. The motion passed 5-0. City Attorney Garganese read the title into the record and explained the Item. Discussion included mailboxes and other property owner -installed items in the Right -of -Way, notices required if items are ordered to be removed, history of establishing setbacks, similar situations in other jurisdictions resulting in smaller setbacks and issues that can arise with older surveys. Mark James, 135 Oak Lane, discussed his history of property ownership on Oak Lane, survey mistakes and setbacks affecting both new and existing Oak Lane properties. Patrick Lee, 400 Harbor Drive, discussed his history of constructing homes on Oak Lane, survey errors, City Staff actions, efforts to rectify the situation and the nature of correspondence between Bernard Lennon and the City. Alicia Spring, 126 Oak Lane, rebutted Mr. Lee's remarks regarding Mr. Lennon. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to approve Ordinance No. 17-2019 at first reading. The motion passed 5-0. PUBLIC HEARING: 12. Ordinance No.18-2019; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to approve Ordinance No. 18-2019 at first reading. The motion carried 5-0. ITEM FOR ACTION: 14. Council direction regarding the City -owned, unpaved portion of the Ridgewood Avenue Extension Property: Christopher Block, Attorney representing the Ocean Oaks Condominium Association, discussed the ownership history of the property, original plans for the property no longer possible nor desired, maintenance responsibilities, easements, City options going forward and a request for Ocean Oaks to be involved in and informed of any City actions and/or decision regarding said property. Discussion ensued regarding a natural footpath to the beach owned by the Ocean Woods Condominium Association, the future of public access to the footpath, maintenance responsibilities in regards to paths and drainage, the City and condominium associations partnering in maintenance efforts, individual Council Members confirming a desire to not abandon said property, interest and concerns of Harbor Heights residents, requesting the issue be presented as a land -use matter to the Planning and Zoning Board to provide a recommendation back to City DRAFT City of Cape Canaveral, Florida City Council Regular Meeting October 15, 2019 Page 6 of 6 Council and the positive impact the existing footpath provides for residents and children. Mickie Kellum, 8910 Coquina Lane, urged the City to keep the property, make walkable and bikeable improvements and requested motorized vehicles not be allowed to use the path. A Harbor Heights resident, who did not state his name, spoke of the useful, positive nature of the footpath and how it provides a safe option for walking to Cape View Elementary School. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Brown, to send this item to the Planning and Zoning Board for a recommendation, to maintain and not abandon the Ridgewood Avenue Extension property and to respect the two abutting property owners to the best of the City's abilities, including the possibility of public improvements to walkability. The motion passed 5-0. REPORTS: Council Member Raymond discussed giving a speech at Port Canaveral regarding State Road AIA, correspondence with State Representative Tyler Sirois, October Friday Fest and dedication of a mural in the City, a tree planting ceremony sponsored by Fairvilla in honor of the LGBT Community, Space Coast League of Cities scholarship activities and Lagoon priorities and a charity event by Ashley Furniture to give beds and items away to children in need. Council Member Randels stated Disney and Carnival cruise lines also participate in giving away beds and bedding to children in need. Council Member Morrison thanked City Clerk Goforth, Interim City Manager Morley and City Attorney Garganese for their time, efforts and dedication. Mayor Pro Tem Brown echoed Council Member Morrison's sentiments and stated he is looking forward to a new beginning for Council and Staff. Mayor Hoog congratulated Interim City Manager Morley, thanked City Clerk Goforth and discussed meetings with representatives from Taiwan regarding economic investments and activities in the Cape Canaveral/Brevard County area. Interim City Manager Morley thanked the City Directors and Council for their confidence in him and expressed optimism for the future. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:31 PM. Bob Hoog, Mayor Daniel LeFever, Deputy City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 2 Subject: Approve the Amended Twelfth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $54,606 with Black's Spray Service, Inc. and authorize the Interim City Manager to execute same. Department: Public Works Services Summary: This contract was awarded to Black's Lawn Care and Pest Control, Inc. (Black's) in 2008 for providing services including fertilization, disease and weed control of turf areas and the Central (Canaveral) Ditch. A contract for pest control services for all City buildings was awarded to Black's in 2010. Total cost for all services is $54,606, an increase of $5,110 from the Addendum approved at the October 15, 2019 Council Meeting. This increase reflects the costs to eliminate Glyphosate and Nitrogen applications as requested by City Council at the October 15, 2019 Council Meeting. Per a letter from Black's dated November 4, 2019 (attached), the cost of the alternative products is significantly higher and additional applications will be required to be equally effective. In general, Staff is very pleased with the level of service and customer support provided by Black's. The initial Professional Services Agreement between the City and Black's allowed for five (5) extensions of one-year periods. The Seventh Addendum to the Agreement (executed in 2014 with an expiration of September 30, 2015) provided that "the parties shall have the option to extend the term of this Agreement for two (2) additional one-year periods." The Eighth Addendum provided for a one-year extension period, which expired on September 30, 2016. The Ninth Addendum provided for a one-year extension period, which expired September 30, 2017. The Tenth Addendum, which expired on September 30, 2018, provided for a one-year extension period. The Eleventh Addendum, expired September 30, 2019, and provided that the parties shall have the option to extend the term of this Agreement for five (5) additional one- year periods. The Amended Twelfth Addendum provides for a one-year extension period, which is scheduled to expire on September 30, 2020. Submitting Department Director: James W. Moore Date: 11/12/19 Attachment: Black's letter dated November 4, 2019. Financial Impact: $54,606 with Black's Spray Service, Inc. for Fertilization, Insect, Disease, Weed Control and Pest Control Services funded by Departments throughout the City; Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/12/19 The Interim City Manager recommends City Council take the following action: Approve the Amended Twelfth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $54,606 with Black's Spray Service, Inc. and authorize Interim City Manager to execute same. Approved by Interim City Manager: Todd Morley Date: 11/12/19 SERVING BREVARD COUNTY SINCE 1952 BLACK'S LAWN CARE AND PEST CONTROL 3625 N. Courtenay Parkway. Merritt Island, Florida .Tel: 321-452-4911. Fax: 321-452-0570 Mailing Address: Post Office Box 540201 • Merritt island, Florida 32954-0201 November 4, 2019 City of Cape Canaveral Tim Carlisle Infrastructure Maintenance Manager tcarlisle@cityofcapecanaveral.org phone (321) 868-1240 ext. 402 RE: Options to eliminate Glyphosate and Nitrogen applications. In response to provide options to eliminate Glyphosate and Nitrogen applications at the City of Cape Canaveral I would offer these options: 1- We can move to a product called Cheetah Pro for the planting bed weed control. This product does translocate through the plant to the roots so it may be a better option than some others that only burn the top of the plant. The manufacturer recommends it be used in conjunction with their Pre - Emergent herbicide Sureguard. The cost of these products are significantly higher than Glyphosate and would add $ 4,750 per year to the cost. 2- We can remove the nitrogen from the two dry applications we do per year on the turf, trees and shrubs and replace them with liquid micronutrients, iron and potash. This could be done at no additional charge. 3- We can remove Glyphosate from the Aquatic Weed control and replace it with Diquat. This could be done at a cost of $ 360 per year. In summary to remove Glyphosate and Nitrogen from your applications the total cost for alternative products would be $ 5,110 per year. Please understand you may have to accept more growth, particularly on the aquatic side as Diquat only achieves a contact kill. I would be glad to implement this program should you choose to do so. We can always adjust this program should we find the need. Please feel free to call me if you have any questions. I look forward to speaking h you in the future regarding this property. Sincerely, Carlos S Boyer President - Owner City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 3 Subject: Ordinance No. 15-2019; establishing Public/Recreation and Conservation Zoning Districts; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. Department: Community Development Summary: As required by the Florida Community Planning Act, the City adopted a Comprehensive Plan which includes prescribed elements or chapters; one of which is the Future Land Use (FLU) Element. The FLU Element establishes general policy direction for the City to guide future development in terms of land -use patterns and relationships. In other words, the FLU Element lays out a road map on how we want to grow/develop as a City. The FLU Element establishes a number of distinct land use categories, including: C1 — Commercial; C2 — Commercial/Manufacturing; M1 — Industrial; R1 — Residential; R2 — Residential; R3 — Residential; PUB — Public/Recreation; and, CON — Conservation. Each of the FLU categories establishes minimum regulatory standards as spelled -out in Florida Statute. To properly implement the standards established in the respective FLU categories and to further define said categories, the City relies on associated zoning districts as contained in the City's land development regulations/zoning code. Each zoning district contains specific standards that apply to development within that district. As an example, the R2 zoning district includes standards as to the number of units allowed per acre, setbacks from property lines, maximum height of structures and minimum floor area. This is the case for all of the future land use categories contained in the FLU Element; except for two, the Conservation and Public/Recreation categories. Neither of these two corresponding zoning districts were ever established in the City's Code of Ordinances. For this purpose, the attached Ordinance has been prepared by the City Attorney's Office that establishes two new zoning districts: 1 - Conservation; and, 2 - Public/Recreation. The new zoning districts, which are rooted in the associated FLU districts, spell out permitted and prohibited uses, parking requirements, setbacks and minimum dimensional requirements for lots. The intent of the Public/Recreation zoning district is to "provide land for public facilities and active recreation while preserving open space for enjoyment of nature." The Conservation zoning district is to "preserve the natural environment and open space of certain areas deemed suited for preservation while allowing for limited less -active recreational opportunities compatible with the area." As an example, public facilities such as City Hall, the City Wastewater Plant, Cherie Down Park and the Cape Canaveral Public Library will be zoned Public/Recreation. Banana River Park, Long Point Estuary Park and Manatee Park will be zoned Conservation. Once the two new zoning districts are established, the appropriate parcels will be rezoned to either Conservation or Public/Recreation as part of the administrative rezoning project currently underway. At its July 30, 2019 regular Meeting, the Local Planning Agency/Planning and Zoning Board unanimously recommended approval of Ordinance No. 15-2019. City Council Meeting Date: 11/19/2019 Item No. 3 Page 2 of 2 City Council approved Ordinance No. 15-2019 on first reading at its August 20, 2019 Meeting. At second reading on September 17, 2019, the Council voted 5-0 to postpone the item and directed Staff to revise certain language in the proposed Ordinance, to include: 1. Community centers amended to "city community centers." (Sec. 110-381) 2. Restaurants was amended to "Small snack bars, sandwich shops and other incidental food and beverage services under 1,000 square feet clearly incidental and subordinate to the permitted park and recreational facility and intended to be utilized primarily by users of the park or recreational facility." (Sec. 110-382) 3. Amphitheater was deleted. However, the Ordinance would not technically foreclose such a use because the ordinance allows "other public or recreational uses approved by the city council at a public hearing." Council discussion did raise a concern that some uses, like an amphitheater, may present potential compatibility issues with surrounding neighborhoods. Thus, in light of that discussion, under "other uses" the condition was added that approval by the City Council requires "an affirmative determination based on competent substantial evidence that the proposed use's height, scale and intensity, hours of operation, building and lighting design, setbacks, aesthetics, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, natural environmental impacts, parking and traffic -generating characteristics, number of persons anticipated using, residing or working under the proposed use and other offsite impacts, are compatible and harmonious with the intent and purpose of this zoning district and adjacent land uses and environment, and will not adversely impact public services (including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways and bicycle and pedestrian facilities), land use activities and natural habitat and other environmental considerations in the immediate vicinity." The aforementioned criteria will afford a heightened level of public review and safeguards. (Sec. 110-381) 4. For the same reason, the same criteria in 3 above was also added to the Conservation district under "other passive, conservation related uses." (Sec. 110-389) The Notice of Hearing was placed for advertisement in Florida Today on September 5, 2019 and the Ordinance is presented for second reading and final adoption. Submitting Department Director: Attachment: Ordinance No. 15-2019 David Dickey Date: 11/12/19 Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/12/19 The Interim City Manager recommends City Council take the following action: Adopt Ordinance No. 15-2019, on second reading. Approved by Interim City Manager: Todd Morley Date: 11/12/19 1 ORDINANCE NO. 15-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF CAPE CANAVERAL, FLORIDA; ESTABLISHING 5 PUBLIC/RECREATION AND CONSERVATION ZONING 6 DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR 7 INCONSISTENT ORDINANCES AND RESOLUTIONS, 8 INCORPORATION INTO THE CODE, SEVERABILITY 9 AND AN EFFECTIVE DATE. . 10 11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the 12 State Constitution, to exercise any power for municipal purposes, except when expressly 13 prohibited by law; and 14 15 WHEREAS, the City has a adopted a Comprehensive Plan in accordance with the 16 Community Planning Act; and 17 18 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan 19 establishes a future land use category for Public and Recreation Facilities and Conservation; and 20 21 WHEREAS, the City Council desires to create and adopt a zoning district designation 22 for Public and Recreation Use and Conservation consistent with, and for purposes of 23 implementing the City's Comprehensive Plan; and 24 25 WHEREAS, the City's Land Planning Agency conducted a public hearing regarding this 26 Ordinance on July 30, 2019 and recommended that the City Council adopt this Ordinance; and 27 28 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds 29 this ordinance to be in the best interests of the public health, safety and welfare of the citizens of 30 Cape Canaveral. 31 32 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 33 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 34 35 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 36 this reference as legislative findings and the intent and purpose of the City Council of the City of 37 Cape Canaveral. 38 39 Section 2. Code Amendment. Chapter 110, Article VII — Districts of the Code of 40 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type 41 indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion 42 from this Ordinance of text existing in Chapter 110, Article VII - Districts. It is intended that the 43 text in Chapter 110, Article VII - Districts denoted by the asterisks and set forth in this Ordinance 44 shall remain unchanged from the language existing prior to adoption of this Ordinance: 45 46 CHAPTER 110 - ZONING 47 48 * * * City of Cape Canaveral Ordinance No. 15-2019 Page 1 of 6 1 ARTICLE VII. - DISTRICTS 2 3 * * * 4 5 DIVISION 9. - PUB/REC PUBLIC RECREATION 6 Sec. 110.380. — Intent 7 The intent of the Public/Recreation (PUB/REC) zoning district is to provide land for public 8 facilities and active recreation while preserving open space for enjoyment of nature. Uses within 9 this category shall be designed to provide a high -degree of compatibility with community needs 10 and adjoining land uses, particularly residential ones. 11 Sec. 110.381. — Principal uses and structures. 12 The principle uses and structures permissible in the PUB/REC zoning district are as 13 follows: 14 j Public parks, including open space, playgrounds, and athletic fields. 15 16 (2) Public facilities such as city hall, public schools, public safety buildings, public 17 utility facilities, city community centers, and cultural institutions including 18 museums, libraries and art galleries. 19 20 (3) Public recreation facilities such as kayak launches, skate parks, picnic tables 21 and pavilions, tennis, basketball and bocce courts, and swimming pools. 22 23 (4) Multi -purpose recreation trails and boardwalks. 24 25 (5) Frisbee golf courses. 26 27 (6) Drainage and stormwater facilities. 28 29 (7) Botanical and community gardens. 30 31 (8) City initiated, sponsored and approved public art. 32 33 (9) Piers and non -motorized boat launches. 34 35 (10) Other public or recreational uses approved by the City Council at a duly held 36 public hearing, but only after the City Council has made an affirmative 37 determination based on competent substantial evidence that the proposed use's 38 height, scale and intensity, hours of operation, building and lighting design, 39 setbacks, aesthetics, buffers, noise, refuse, odor, particulates, smoke, fumes and 40 other emissions, natural environmental impacts, parking and traffic -generating 41 characteristics, number of persons anticipated using, residing or working under 42 the proposed use and other offsite impacts, are compatible and harmonious 43 with the intent and purpose of this zoning district and adjacent land uses and City of Cape Canaveral Ordinance No. 15-2019 Page 2 of 6 1 environment and will not adversely impact public services (including water, 2 sewer, stormwater and surface water management, police, fire, parks 3 and recreation, streets, public transportation, marina and waterways and 4 bicycle and pedestrian facilities), land use activities and natural habitat 5 and other environmental considerations in the immediate vicinity. 6 Sec. 110.382. — Accessory uses and structures 7 The accessory uses and structures permitted in the PUB/REC zoning classification shall be 8 as follows: 9 (1) Caretakers home. 10 11 (2) Administrative, support, restrooms and storage buildings of under 10,000 12 square feet per building. 13 14 (3) Small snack bars, sandwich shops and other incidental food and beverage 15 services under 1,000 square feet clearly incidental and subordinate to the 16 permitted park and recreational facility and intended to be utilized primarily by 17 users of the park or recreational facility. 18 19 (4) Community meeting halls/buildings 20 21 Sec. 110.383. — Special exceptions permissible by the Board of Adjustment. 22 RESERVED 23 Sec. 110.384. — Prohibited uses and structures. 24 In the PUB/REC zoning district, all uses and structures not specifically or provisionally 25 permitted in this Division are prohibited. 26 Sec. 110.385. — Area and Dimensions. 27 In the PUB/REC zoning district, the following area and dimensions shall apply: 28 (1) Minimum lot area shall be 5,000 square feet. 29 30 (2) Minimum lot width shall be 50 feet. 31 32 (3) Minimum lot depth shall be 75 feet. 33 34 (4) Maximum coverage for building footprints shall be 35 percent, with overall impervious 35 coverage not exceeding 50 percent. 36 37 fjj Maximum building height shall be 35 feet. 38 39 Sec. 110.386. — Minimum setbacks 40 In the PUB/REC zoning district, the minimum setback shall be 15 feet from all lot lines. City of Cape Canaveral Ordinance No. 15-2019 Page 3 of 6 1 Sec. 110.387. — Off-street parking and access. 2 In the PUB/REC zoning district, off-street parking and access to public or private roadways 3 shall be provided in accordance with Land Development Code sections 110.491 and 110.493. 4 DIVISION 10. - CONSERVATION 5 6 Sec. 110.388. — Intent. 7 The intent of the Conservation (CON) zoning district is to preserve the natural environment 8 and open space of certain areas deemed suited for preservation while allowing for limited less- 9 active recreational opportunities compatible with the area. 10 11 Sec. 110.389. — Principle uses and structures. 12 13 The following principle uses and structures shall be permissible in the Conservation zoning 14 district: 15 (1) Public and private game preserves, city, county and state parks, wildlife 16 management areas and refuges. 17 18 (2) Low -intensity public recreation, including, but not limited to, bicycle/nature 19 trails, boardwalks pavilions and overlooks, bird watching, recreational 20 fishing, canoeing or kayaking, nature centers and small, low -intensity 21 playgrounds. 22 (3) Water conservation areas, reservoirs and wells. 23 24 Natural vegetated areas. 25 26 Wetlands. 27 28 Aquatic preserves. 29 30 (7) Historic or archaeologic sites. 31 32 Other passive, conservation related uses approved by the City Council at a duly 33 held public hearing, but only after the City Council has made an affirmative 34 determination based on competent substantial evidence that the proposed use's 35 height, scale and intensity, hours of operation, building and lighting design, 36 setbacks, aesthetics, buffers, noise, refuse, odor, particulates, smoke, fumes and 37 other emissions, natural environmental impacts, parking and traffic -generating 38 characteristics, number of persons anticipated using, residing or working under 39 the proposed use and other offsite impacts, are compatible and harmonious with 40 intent and purpose of this zoning district and adjacent land uses and 41 environment, and will not adversely impact public services (including water, 42 sewer, stormwater and surface water management, police, fire, parks and 43 recreation, streets, public transportation, marina and waterways, and bicycle and 44 pedestrian facilities), land use activities and natural habitat and other 45 environmental considerations in the immediate vicinity. City of Cape Canaveral Ordinance No. 15-2019 Page 4 of 6 1 2 Sec. 110-390. — Accessory uses and structures. 3 The accessory uses and structures permitted in the Conservation zoning district shall be as 4 follows: 5 (1) Caretakers home. 6 7 (2) Administrative, support, restrooms and storage buildings of under 10,000 square feet. 8 9 (3) Any other uses found to be accessory and incidental to a permitted principle use and/or 10 structure. 11 12 Sec. 110-391. — Prohibited uses and structures. 13 In the Conservation zoning district, any uses or structures not specifically or provisionally 14 permitted in the district are prohibited. 15 16 Sec. 110-392. — Area and dimensional standards. 17 In the Conservation zoning district, the following area and dimensions shall apply: 18 19 (1) Minimum lot area shall be one (1) acre. 20 21 (2) Minimum lot width and depth shall not be required, so long as the lot area is one (1) 22 acre or more. 23 24 (3) Maximum coverage for building footprints shall be 30 percent, with overall impervious 25 coverage not exceeding 30 percent. 26 27 Sec. 110-393. — Minimum setbacks. 28 Minimum front, side and rear setbacks shall be 25 feet for the Conservation zoning district. 29 30 Sec. 110-394. — Off-street parking and access. 31 In the Conservation zoning district, off-street parking and access to public or private 32 roadways shall be provided in accordance with Land Development Code sections 110.491 and 33 110.493. 34 35 Sec. 110-394 — 110-400. — Reserved. 36 37 38 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 39 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 40 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 41 42 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 43 Canaveral City Code and any section or paragraph, number or letter and any heading may be 44 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 45 like errors may be corrected and additions, alterations, and omissions, not affecting the 46 construction or meaning of this Ordinance and the City Code may be freely made. City of Cape Canaveral Ordinance No. 15-2019 Page 5 of 6 1 2 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 4 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 5 be deemed a separate, distinct and independent provision, and such holding shall not affect the 6 validity of the remaining portions of this Ordinance. 7 8 Section 6. Effective Date. This Ordinance shall become effective immediately upon 9 adoption by the City Council of the City of Cape Canaveral, Florida. 10 11 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day 13 of November, 2019. 14 15 16 17 Bob Hoog, Mayor 18 19 20 ATTEST: For Against 21 22 Mike Brown 23 24 Mia Goforth, CMC Robert Hoog 25 City Clerk 26 Wes Morrison 27 28 Rocky Randels 29 First Hearing: August 20, 2019 30 Advertisement: September 5, 2019 Angela Raymond 31 Postponed: September 17, 2019 32 Postponed: October 15, 2019 33 Second Hearing: November 19, 2019 34 35 Approved as to legal form and sufficiency 36 for the City of Cape Canaveral only by: 37 38 39 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 15-2019 Page 6 of 6 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 4 Subject: Ordinance No. 17-2019; amending the Supplementary Zoning District regulations regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. Department: Community Development Summary: On October 6, 2015, the City issued a building permit to the property owner, Sheropa, LLC, for the construction of a single-family structure at 127 Oak Lane. Per the Building Department's practice, the permit was issued in reliance upon a survey from Walker Surveying, a licensed surveyor in the state of Florida, which indicated compliance with City Code requirements, including property lines, setbacks, the location of improvements, etc. The permit application also included a warranty deed, with a legal description consistent with the survey. Subsequent to the issuance of the building permit and prior to the issuance of a Certificate of Occupancy (CO), the property owner of 123 Oak Lane submitted a competing survey, prepared by Riehl Reliable Surveying and Mapping, which was in conflict with the Walker survey submitted as part of the building permit application. The Riehl Reliable survey indicated the location of the shared side property line between 123 and 127 Oak Lane was further to the west by approximately four (4) feet. To remedy the discrepancy, Sheropa reported to the City they attempted to purchase a four -foot section of property from the owner of 123 Oak Lane, but was unsuccessful. As a result, Sheropa submitted a revised survey showing the property line in question shifting 4 feet to the west of the original location. This resulted in a four -foot side yard setback to the house on 127 Oak Lane. A variance of four (4) feet to the required eight -foot side -yard setback was requested. On August 23, 2016, the Board of Adjustment granted Sheropa LLC's request (Variance Application No. 2016-02) for a four (4) foot side yard setback variance on the eastern side of the property located at 127 Oak Lane. Pursuant to Section 110-33 of the City Code, any party aggrieved by any final decision of the Board of Adjustment has the right to appeal the final decision to the City Council by Piling the appeal within 10 calendar days of the date of the Board's final decision. On August 26, 2016, Bernard Lennon timely filed a written appeal of the Board Adjustment's August 23, 2016 decision. Due to serious allegations made by Mr. Lennon against City Officials and Staff, it was intended that an independent hearing officer be engaged to conduct an appeal hearing for purposes of affording all interested parties an opportunity to be heard. However, due to a number of circumstances outlined in detail in the City Council Agenda item presented at the appeal hearing held on October 2, 2018 (Attachment 1), the advisory hearing officer was deemed no longer needed by the time the City Council was finally in a position to conduct an appeal hearing and render a final decision on Mr. Lennon's appeal. The City Council on October 2, 2018 conducted a de novo hearing and affirmed the Board of Adjustment's decision to grant the variance. However, throughout this process, there remained some question as to the location of the Oak Lane Right -of -Way for purposes of compliance of the existing homes with minimum front -yard City Council Meeting Date: 11/19/2019 Item No. 4 Page 2 of 2 setbacks. On September 4, 2018, the City engaged Campbell Surveying (Attachment 2) to prepare a Map of Survey to, among other things, establish the Right -of -Way line. Based on the Right -of -Way and Maintenance Map and the survey information provided by Campbell Surveying, there is a need to adopt supplemental zoning regulations to address front setback and existing private improvements and utilities within and along Oak Lane in order to address property interests. The proposed Ordinance (Attachment 3) will result in an amendment to Chapter 110 — Zoning, by creating a new section (Sec. 110-490.2) specifically for properties abutting Oak Lane to include a new minimum front setback of 19 feet. Furthermore, the Ordinance provides for certain private improvements to be located within the unpaved portion of Oak Lane; however, upon written notice by the City, property owners will have to relocate said improvements. At its September 25, 2019 regular meeting, the Planning & Zoning Board recommended approval of the proposed Ordinance. At its October 15, 2019 meeting, the City Council unanimously approved Ord. No. 17-2019 at first reading. The Notice of Hearing was placed for advertisement in Florida Today on November 6, 2019 and the Ordinance is presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 11/12/19 Attachments: 1. October 2, 2018 Council Agenda item 2. Campbell Surveying Engagement Letter 3. Ordinance No. 17-2019 4. Map of Survey Financial Impact: Cost of advertisement and codification; Staff time to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/12/19 The Interim City Manager recommends City Council take the following action: Adopt Ordinance No. 17-2019, on second reading. 4Date: Approved by Interim City Manager: Todd Morley 11/12/19 Attachment 1 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/02/2018 - RESCHEDULED Item No. 1 Subject: In accordance with Sec. 110-33 of City Code, consider an appeal filed by Mr. Bernard Lennon (owner of 126 Oak Lane) contesting the decision of the Board of Adjustment to approve Variance Application No. 16-02, which granted Sheropa, LLC. a four (4) foot side yard setback variance from the adjacent eastern residential lot line for property located at 127 Oak Lane. Department: Community Development Appellant: Bernard Lennon — neighboring resident located across the street at 126 Oak Lane from the subject property Applicant: Sheropa, LLC. — owner of subject property, 127 Oak Lane, Cape Canaveral Subject Property: 127 Oak Lane, Cape Canaveral Zoning Request: Sheropa LLC is requesting a 4 foot side yard setback variance on the eastern side of the subject property located at 127 Oak Lane (Variance Application No. 2016-02) Type of Matter: This matter presented to the City Council involves a Quasi -Judicial zoning decision regarding Variance Application No. 2016-02 Purpose and Subject Matter of City Council Hearing: A. This Agenda Item is presented to the City Council for the sole purpose of conducting a quasi- judicial land use hearing on whether to affirm or reverse, wholly or in part, the August 23, 2016 decision of the Board of Adjustment granting Sheropa LLC's request (Variance Application No. 2016-02) for a four (4) foot side yard setback variance on the eastern side of the property located at 127 Oak Lane. Without a variance being granted, an eight (8) foot side yard setback is ordinarily required by Section 110-297(a)(2) of the City Code. B. Pursuant to Section 110-33 of the City Code, any party aggrieved by any final decision of the Board of Adjustment has the right to appeal the final decision to the City Council by filing the appeal within 10 calendar days of the date of the Board's final decision. C. Bernard Lennon did not attend the August 23, 2016 Board of Adjustment meeting. However, on August 26, 2016, Bernard Lennon timely filed a written appeal of the Board Adjustment's August 23, 2016 decision. In his written appeal, Mr. Lennon states the specific reason for his appeal, but does not state any specific reason why he has standing, as an aggrieved party, to challenge the actual decision made by the Board of Adjustment. A copy of the written appeal is attached to this Agenda Item. D. There is a long procedural history regarding Variance Application No. 2016-02 and this appeal which is explained in more detail below. However, the City Council must now hear Mr. Lennon's appeal of the Board of Adjustment's August 23, 2016 decision to grant Sheropa LLC's request for the four (4) foot side yard setback variance. The City Council will conduct a de novo hearing and consider relevant testimony and evidence of any interested party pursuant to Section 110-33 of the City Code. City Council Special Meeting Date: 10/02/18 Item No. 1 Page 2 of 6 E. Since Mr. Lennon is the Appellant, in order to reverse the Board of Adjustment's decision, it will generally be Mr. Lennon's burden to demonstrate by competent substantial evidence, not only why he believes he has legal standing to bring this appeal, but also why he believes Variance Application No. 2016-02 does not comply with the variance criteria specifically enumerated in Section 110-37 of the City Code. F. Sheropa LLC., as the applicant, shall likewise generally be permitted to present competent substantial evidence why they believe Variance Application No. 2016-02 does comply with the variance criteria. G. The criteria to be applied by the City Council regarding the variance application request at issue in this hearing is as follows: All variance decisions shall be based on an affirmative finding as to each of the following criteria: (1) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. (2) That literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. (3) That the special conditions and circumstances referred to in subsection (1) do not result from the actions of the applicant. (4) That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. (5) That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. (6) That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not Underlying Reason for and Procedural History of Variance Application No. 16-02: A. On October 5, 2015, the City issued Sheropa LLC a building permit for the construction of a single-family structure at 127 Oak Lane. The building permit was based upon the original survey prepared by Walker Surveying, dated October 21, 2015. B On or around January 15, 2016, a different survey prepared by Riehl Reliable was submitted by the owners (Suzanne Turner and Gerry Beecher) of 123 Oak Lane, which is property that lies east and adjacent to 127 Oak Lane. The Riehle Reliable survey depicts an angular common side boundary line between 123 Oak Lane and 127 Oak Lane which indicated an apparent four -foot discrepancy with the original Walker survey submitted with the building permit application for 127 Oak Lane. City Council Special Meeting Date: 10/02/18 Item No. 1 Page 3 of 6 C. Based on the Riehle Reliable survey, John Dismore, agent for Sheropa, LLC, on July 19, 2016 filed an application for a side -yard variance to address the four -foot side setback discrepancy on the eastern side of the property located at 127 Oak Lane. The variance is necessary in order for Sheropa LLC to pursue the issuance of a final certificate of occupancy for the substantially constructed new single-family home located on 127 Oak Lane. D. Sheropa, LLC. then submitted a revised Walker survey prior to the Board of Adjustment variance hearing, dated August 11, 2016, which depicts the same common boundary line between 127 Oak Lane and 123 Oak Lane as depicted on the Riehle Reliable survey. The revised Walker survey depicts the single-family house under construction approximately four (4)-feet closer to the common boundary line between 127 Oak Lane and 123 Oak Lane than the original Walker survey. E. On August 23, 2016, the City's Board of Adjustment approved Variance Application No. 16-02, which granted a four foot side -yard setback variance on the eastern side of the property located at 127 Oak Lane. F. In an email to the City Clerk, dated August 26, 2016, Mr. Bernard Lennon, property owner at 126 Oak Lane, filed an appeal to the BOA's approval of Variance No. 16-02. G. Due to several serious unfounded allegations made by Mr. Lennon against City officials and Staff around the time of the notice of appeal, the City Council approved the hiring of an independent advisory hearing officer, and in September of 2016, the City formally engaged Mr. D. Andrew Smith, as an advisory hearing officer to conduct an evidentiary hearing in order to prepare a report to establish "findings of fact and conclusions of law" to be considered by the Council as part of Mr. Lennon's appeal. The hearing was scheduled for October 24, 2016. H. However, prior the October 24, 2016 hearing date, Ms. Terri Bowman of Cypress Shareholders LLC ("Cypress"), owner of the property at 131 Oak Lane, notified the City and the City Attorney's office around October 13, 2016 that she did not receive the mailed 500 foot courtesy notice which was sent out by the City for the original, August 23rd Board of Adjustment meeting. To provide these hearing notices, the City relies on a mailing list provided by the Brevard County Property Appraiser's database. In this instance, the City reviewed the claim made by Cypress and determined that the written notice had, indeed, been mailed to the registered owner of record at 131 Oak Lane. However, the notice was apparently inadvertently addressed to the applicant, Sheropa, because Sheropa had recently sold the house to Cypress, and the Brevard County Property Appraiser's database had not been updated yet listing Ms. Bowman and Cypress as the owner of 131 Oak Lane. Cypress objected to the October 24, 2016 hearing and demanded that the Board of Adjustment rehear Variance Application No. 2018-02. I. Faced with competing requests for hearings made by Cypress and Mr. Lennon, the City scheduled a Board of Adjustment meeting to rehear Variance Application No. 2018-02. Mr. Lennon was notified by the City Clerk by email, dated October 26, 2016, of this decision and that the Board of Adjustment would again consider the Variance Application at a meeting scheduled for November 22, 2016. But due to the close proximity to the Thanksgiving holiday, some interested parties could not apparently make that hearing date and the meeting was City Council Special Meeting Date: 10/02/18 Item No. 1 Page 4 of 6 cancelled with the intention of rescheduling the Board of Adjustment hearing after the upcoming holidays. J. However, the Board of Adjustment meeting did not occur because on or about January 24, 2017, Cypress filed an Amended Complaint against Sheropa, et. al., in the Circuit Court of the Eighteenth Judicial Circuit, in and for Brevard County, Florida, Case No. 05-2016-CA-048956. Upon review of the lawsuit, the City determined that the outcome of that lawsuit could potentially have some bearing on the outcome of the pending Variance Application. As such, on January 25, 2017, the City advised Sheropa, in writing, that the City was administratively staying (stopping) any further action on their Variance Application and the issuance of a certificate of occupancy for the almost -completed single-family home being constructed at 127 Oak Lane. Therefore, as a result of the administrative stay, the new Board of Adjustment hearing was also stayed (stopped) pending the outcome of the litigation between Sheropa and Cypress. Mr. Lennon and Sheropa LLC were both made aware of this decision by the City. K. Over a year and half later, the City was advised by Sheropa that a settlement had been reached on May 15, 2018 between Sheropa, et. al, and Cypress, and the lawsuit was dismissed with prejudice. One outcome of the settlement was that Cypress sold the property at 131 Oak Lane back to Sheropa. Therefore, at this time, Cypress no longer owns property on Oak Lane based on the land records contained in the current Brevard County Property Appraiser's database and as a result, they appear to no longer have any interest in the Variance Application, and there is no need to have the Board of Adjustment rehear the Variance Application as demanded by Cypress. L. Further, since the lawsuit between Cypress and Sheropa was resolved, Sheropa requested that the City proceed with making a final decision on their Variance Application. The request to reinitiate the processing of the Variance Application was administratively granted by the City because Sheropa has the right to receive a final decision either approving or denying their Variance Application. As a result, the City Council is now being presented with the appeal filed by Mr. Lennon on August 26, 2016. Background: On October 5, 2015, the City issued a building permit to the property owner, Sheropa, LLC, for the construction of a single-family structure at 127 Oak Lane (Attachment 1). Per the Building Department's practice, the permit was issued in reliance upon information included in the building permit application, to include a survey from Walker Surveying (Attachment 2), a licensed surveyor in the state of Florida, which indicated compliance with City Code requirements, including property lines, setbacks, the location of improvements, etc. Subsequent to the issuance of the building permit and prior to the issuance of a Certificate of Occupancy (CO), the property owner of 123 Oak Lane submitted a competing survey (Attachment 3), prepared by Riehl Reliable Surveying and Mapping, which was in conflict with the Walker survey submitted as part of the building permit application. The Riehl Reliable survey indicated the location of the shared side property line between 123 and 127 Oak Lane was further to the west by approximately four feet. City Council Special Meeting Date: 10/02/18 Item No. 1 Page 5 of 6 To remedy the discrepancy, Sheropa reported to the City they attempted to purchase a four -foot section of property from the owner of 123 Oak Lane, but was unsuccessful. As a result, Sheropa submitted a revised survey showing the property line in question shifting 4 feet to the west of the original location (Attachment 4). This resulted in a four -foot side yard setback to the house on 127 Oak Lane. For this purpose, a variance of four feet to the required eight -foot side -yard setback is requested. Sec. 110-37 of the City Code establishes certain criteria that must be evaluated when a variance is being considered. A detailed analysis of the requested variance's compliance with the criteria is provided below (staff response shown in italics): (1) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. The unique nature of this situation is tied to the discrepancy on the location of the common side lot line shared by 123 and 127 Oak Lane. Surveys were completed on behalf of the owners of 123 and 127 Oak Lane which establish the discrepancy. Available records indicate that this is a unique circumstance to this property and that this situation is not found on any surrounding properties. (2) That literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this -chapter and would cause unnecessary and undue hardship on the applicant. Should the Code be literally interpreted in this situation, the single-family structure would not meet the side yard setback requirements. The surrounding properties also contain single-family homes. The remedy would be to either demolish the structure or that portion of the structure that is in violation of the side yard setback. This would pose a significant hardship on the applicant as opposed to applying for and receiving a variance. (3) That the special conditions and circumstances referred to in subsection (1) do not result from the actions of the applicant. When the applicant applied for the building permit, a survey prepared by a licensed surveyor was submitted indicating compliance with R-2 zoning standards — specifically the setback requirements. hi addition, a warranty deed was submitted that included the same legal description as the survey. This was the same survey and deed that was provided at conveyance from the previous owner. Based on this, the City issued a building permit for 127 Oak Lane on October 6, 2015. It was after the permit was issued and construction had begun that a second survey was submitted on January 15, 2016, by the owner of 123 Oak Lane that the conflict was documented. (4) That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. Approval of the variance only confers the right for the construction of a single-family structure on the property. This is a right enjoyed by surrounding properties and properties within the same zoning district. City Council Special Meeting Date: 10/02/18 Item No. 1 Page 6 of 6 (5) That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. Based upon the dimensions indicated in the submitted survey, the requested variance is the minimum needed to make reasonable use of the property. (6) That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The variance will allow for the construction of a single-family home which is consistent with the surrounding development pattern. The separation between the homes authorized by the variance will be compatible with the neighborhood. Also, the stormwater system to be constructed on the property will properly convey stormwater from the Ocean Gardens development to a designated swale system for treatment. Currently, stormwater sheet flows from the north across the subject property. All other City codes have/will be met City Staff Recommendation: City Staffs professional opinion is that Variance Application No. 16-02 is consistent with the variance criteria enumerated in Sec. 110-37 of the City Code, and therefore, City staff recommends that the City Council affirm the August 23, 2016 decision of the Board of Adjustment granting Sheropa LLC's request for a four (4) foot side yard setback variance on the eastern side of the property located at 127 Oak Lane. Q Submitting Department Director: David Dickey Date: 9-25-18 Attachments: 1 - Aerial Map 2 - Walker Survey 3 - Riehl Reliable Survey 4 - Walker Survey (Revised) 5 - Notice of Appeal — B. Lennon Financial Impact: Staff time and effort to prepare the Agenda Item. Cost to provide public notice. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/25/2018 The City Manager recommends that City Council take the following action: Pursuant to Sec. 110-33 of City Code, conduct a quasi-judicial hearing and consider an appeal filed by Mr. Bernard Lennon (owner of 126 Oak Lane) contesting the decision of the Board of Adjustment to approve Variance Application No. 16-02, which granted Sheropa LLC a four (4) foot side yard setback from the adjacent eastern residential lot line for property located at 127 Oak Lane. Approved by City Manager: David L. Greene Date: 9/25/18 Attachment 2 John R. Campbell Surveying LLC September 4, 2018 Mr. David L. Greene, City Manager and Mr. Anthony A. Garganese, City Attorney, City of Cape Canaveral Post Office Box 326 City of Cape Canaveral, Florida 32920 VIA email agarganesePorlandolaw.net Re: OAK LANE ROAD MAINTENANCE ROAD MAPPING Dear Anthony and David The purpose of this letter is to confirm our understanding and fee proposal for the continuing challenge of Oak Lane. We will accomplish the following tasks: 1. We will prepare a Sketch of our Survey that fully depicts all existing easements provided in the title work previously given on our last assignment on Oak Lane. 2. We will coordinate with the "Call Before You Dig" underground location service to mark the utilities . We will locate all above ground utilities. These utilities will include but not be limited to Power, Communication, Water, Drainage and Sanitary sewer. 3. We will locate all encroachments into the Oak Lane, such as driveway aprons, mail boxes and landscaping. 4. We will mark with concrete monuments all of the Right of way lines Shown on Jewell's Un Recorded Plat together with the right of way conveyed to the City by deed from the County and all associated limits of what we feel are within the maintained area that the Public has established. 5. We will cross section the right of way and maintenance limits of Oak Lane. The cross sections will determine the contours of the roadway and show the pattern of historical drainage. 6. I will prepare a written Legal description of the right of way and maintained limits established by the City and the Public. 7. We will prepare a Map of our findings that are suitable for recording in the Public Records of Brevard County. 8. We will work with the City Attorney and other City Staff to facilitate the complete Survey of all improvements determined by the Survey 9. I will be available to attend any Public Hearings at the City concerning the Survey. PO Box 541866 Merritt Island, FL 32954-1866 Phone: 321 507 4811 Mobile: 321 514 6920 john@campbellsurveying.com 115 Alma Blvd. • Suite 102 Merritt Island, FL 32953 John R. Campbell Surveying LLC Mr. David L Greene, City Manager September 4, 2018 Our fee will be based on our normal billable hourly rate as follows: Survey Crew: $140/hr AutoCAD Tech: $75/hr Professional: $125/hr I estimate the hours needed to finish the project on a NOT TO EXCEED hourly limit of 40 crew hours at $140/hr = $5600.00, AutoCAD Tech= 40 drafting hours at $75/hr = $3000.00, professional time for 24 hours at $125/hr = $3000.00. We will invoice you on actual hours worked on the Project at a Not to exceed fee $11600.00. We will invoice $6000.00 upon the completion Items 1 through 5. The balance of our fee will be due upon the completion of the Items 6 through 9. If this Proposal as acceptable please sign a copy of this letter authorizing us to proceed. I understand that this work has a high priority and our work needs to be completed as quickly as possible. If there are any questions please call me at 321.507.4811. I look forward with helping you on this project. Very truly yours, John R. Campbell, Surveyor Approved: David L. Greene Date: 9/4/18 PO Box 541866 Merritt Island, FL 32954-1866 Phone: 321 507 4811 Mobile: 321 514 6920 iohn@campbellsurveying.com 115 Alma Blvd. • Suite 102 Merritt Island, FL 32953 Attachment 3 1 ORDINANCE NO. 17-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 5 AMENDING THE SUPPLEMENTARY ZONING DISTRICT 6 REGULATIONS REGARDING OAK LANE; PROVIDING 7 FOR THE REPEAL OF PRIOR INCONSISTENT 8 ORDINANCES AND RESOLUTIONS, INCORPORATION 9 INTO THE CODE, SEVERABILITY AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 14 law, and pursuant to Section 316.006(2), Florida Statutes, the City shall have original jurisdiction 15 over all streets and highways located within the City's jurisdictional boundaries, except state roads, 16 and shall have the power to regulate all such streets and highways as provided by law; and 17 18 WHEREAS, Oak Lane is a City public road located within the jurisdictional boundaries 19 of the City of Cape Canaveral, Florida; and 20 21 WHEREAS, Oak Lane is one of two (2) remaining unpaved City public roads located 22 within the City of Cape Canaveral; and 23 24 WHEREAS, a substantial portion of Oak Lane was conveyed to the City by Brevard 25 County in 1977 by County Deed recorded in Brevard County Official Records Book 1832 at Page 26 429, and that portion and the remaining portion of Oak Lane have regularly been maintained or 27 repaired continuously and uninterruptedly by the City for decades; and 28 29 WHEREAS, the City Council recently adopted Resolution No. 2019-13 certifying a Right- 30 of -Way and Maintenance Map for Oak Lane, prepared by Campbell Surveying, LLC., and 31 recognizing all right, title, easement and appurtenances to Oak Lane described in said Resolution 32 are vested in the City of Cape Canaveral, in accordance with the provisions of Section 95.361, 33 Florida Statutes, or by other lawful means of acquisition including by County Deed; and 34 35 WHEREAS, based on the Right -of -Way and Maintenance Map and survey information 36 provided by Campbell Surveying, LLC., the City Council finds that there is a need to adopt 37 supplemental zoning regulations to address front setback and existing private improvements and 38 utilities within and along Oak Lane in order to address property interests; and 39 40 WHEREAS, the City's Land Planning Agency conducted a public hearing regarding this 41 Ordinance on September 25, 2019 and recommended that the City Council adopt this 42 Ordinance; and 43 44 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 45 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape 46 Canaveral. 47 48 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 49 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: City of Cape Canaveral Ordinance No. 17-2019 Page 1 of 3 1 2 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 3 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 4 Canaveral. 5 6 Section 2. Code Amendment. Chapter 110, Article IX — Supplementary District 7 Regulations of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as 8 follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks 9 (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Article IX — 10 Supplementary District Regulations. It is intended that the text in Chapter 110, Article IX — 11 Supplementary District Regulations denoted by the asterisks and set forth in this Ordinance shall 12 remain unchanged from the language existing prior to adoption of this Ordinance: 13 14 CHAPTER 110 - ZONING 15 16 * * * 17 ARTICLE IX. - SUPPLEMENTARY DISTRICT REGULATIONS. 18 19 * * * 20 21 Sec. 110-490.2. — Oak Lane 22 23 Notwithstanding any contrary provision in the City Code, the following provisions shall 24 apply to properties abutting Oak Lane: 25 26 (a) The minimum front setback shall be 19 feet. 27 28 (b) Private driveway aprons, curbing, pavers, mailboxes, landscaping, and utilities 29 ("Private Improvements") may be maintained by property owners within the unpaved portion of 30 Oak Lane at the property owner's expense. However, upon written notice by the City, property 31 owners shall be required to remove and relocate the Private Improvements in the event the City 32 determines that removal and relocation is required because of any of the following reasons: 33 34 (1) An emergency exists; 35 (2) The Private Improvements interfere with the free flow of vehicular or pedestrian traffic 36 within Oak Lane; or 37 (3) The repair, maintenance or improvement of Oak Lane by the City. 38 39 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 40 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 41 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 42 43 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 44 Canaveral City Code and any section or paragraph, number or letter and any heading may be 45 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 46 like errors may be corrected and additions, alterations, and omissions, not affecting the 47 construction or meaning of this Ordinance and the City Code may be freely made. 48 City of Cape Canaveral Ordinance No. 17-2019 Page 2 of 3 1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 3 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 4 be deemed a separate, distinct and independent provision, and such holding shall not affect the 5 validity of the remaining portions of this Ordinance. 6 7 Section 6. Effective Date. This Ordinance shall become effective immediately upon 8 adoption by the City Council of the City of Cape Canaveral, Florida. 9 10 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of 11 November, 2019. 12 13 14 15 Bob Hoog, Mayor 16 17 18 ATTEST: For Against 19 20 Mike Brown 21 22 Mia Goforth, CMC Robert Hoog 23 City Clerk 24 Wes Morrison 25 26 First Reading: October 15, 2019 Rocky Randels 27 Advertisement: November 6, 2019 28 Second Reading: November 19, 2019 Angela Raymond 29 30 31 32 33 Approved as to legal form and sufficiency 34 for the City of Cape Canaveral only by: 35 36 37 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 17-2019 Page 3 of 3 Attachment 4 Map of Survey Oak Lane «« LEGEND A SoLs» Set s/8"iron rebar with cap marked: PLS 2351 / LB 7978 Found iron rebar, size 5/8" and cap, as noted O.T.P. Found Open Top Pipe Found 1 "Iron Pipe Nail &Disk Control Point PLS2351 / LB 7978 Set4"x 4"concrete monument ith disk marked PRMPLS 2351 /LB7978 Found 4"x 4 "c on cr e to monument with Brass disk marked with Surveyors number Per Plat as shown hereon Found concrete monument, size and no identification Found Round concrete monument, size and no identification Set nail and disk marked. PLS2351 / LB 7978 Found nail and disk, No Identification O wv FH LP Sanitary Manhole Storm Manhole Telephone Manhole Telephone Box Water Meter Water Valve Fire Hydrant Wood Power Pole Concrete Power Pole Light Pole Transformer Box Guy Wire F. F. E• 7.2' _ Finish Floor Elevation = F F E Elevation = 77.2 t NO RTH LINE OF THE SOUTH 165 FEET OF LOT A, TUTEN'S SU3DIVISION, PLAT 300KC 1 PAGE 22 MAP OF SURVEY OAK LANE IN A PORTION OF SECTION 14) TOWNSHIP 24 SOUTH, RANGE 37 EAST BREVARD COUNTY FLORIDA • PARCEL A.01 ORB 6130 PG 2243 FENCE 1'- I.I' 'NEST 2•\ PHONE RISER rn ▪ "i O 2? PA'M FENCE .0' WEST 5.2' T AND GRA\,EL ROAD 4.8 WATER M N 89° 94.03' PAVEMENT DRIVE 4) T 3.9' t 4- 89°57'53" W N\) 5.4' WM ®I 94.05' v. 6.0' RESIDENCE 139 OAK LANE CAPE CANAVERAL, FL 32920 FLOOR EL=5.95 TAX ACCOUNT 2429674 PARCEL A.10 ORB 5282 PG 1103 FH U :/, 0 t-71 CHOR (T" CAL) 3•V 2.• 3.5' uIT OLE h (TYPICAL) r(,' UP- W 3/ 3.6'IsP'C PAVEMENT DRIVE S./ 5.4' 3.5' MAIL BOX "TYPICAL1"•4' NORTH LINE OF DEED BOOK 395 PAGE 145 586.8' (D) PA RCEL A.02 ORB 24 PG 3 RESIDENCE 126 OAK LANE CAPE CANAVERAL, FL 32920 TAX ACCOUNT 2429666 iUl S 89°57'55" E HW AIJG GR4 WATER MAIL J aair. TER METER S• ;TYPICAL) 5.4' RESIDENCE 135 OAK LANE CAPE CANAVERAL, FL 32920 FLOOR EL=5.92 TAX ACCOUNT 2457895 PARCEL A.27 ORB 5282 PG 1102 OHW 0' Ha L ROAD +,q/ 55 RESIDENCE 131 OAK LANE CAPE CANAVERAL, FL 32920 FLOOR EL=5.96 GARAGE EL=5.53 TAX ACCOUNT 2457894 587.35' PARCEL A.26 ORB 5282 PG 1101 ORB 5 PG 528 cV OHw v1 0.12' UP OHW f RI\.E u 0 cV 0.13' H eV ORB 9 PG 311 6.2' RESIDENCE 127 OAK LANE CAPE CANAVERAL, FL 32920 FLOOR EL=7.24 TAX ACCOUNT 2457893 PARCEL A.25 ORB 5282 PG 1100 HW RIVE 72, PA FOUND 1/2" IRON ROD & CAP LB 5633, 0.34' N OF LINE FOUND 1/2" IRON ROD NO ID, 0.37' S OF LINE CEL A.03 ORB 364 PG 312 RESIDENCE 122 OAK LANE CAPE CANAVERAL, FL 32920 TAX ACCOUNT 2429667 WATER 1 MBMDX AI : ( PICAL) b• AIN OHVJ RT AND GRAVEL RDAyJ 434. OH\N 1 1. I\ 11 RESIDENCE 123 OAK LANE CAPE CANAVERAL, FL 32920 FLOOR EL=10.61 TAX ACCOUNT 2429677 PARCEL A.17 ORB 206 PG 577 ti 619UP 1• OHW 0VE•'EAD \N ES (TYPICAL) OHW a1"O1• 7 DRIVE PA Attachment 4 FOUND 2" PIPE NO D. ORB 762 PG 200 RCEL A.05 TAX ACCOUNT 2429669 C)H11, - 0 30'24' F 7. RESIDENCE 108 OAK LANE CAPE CANAVERAL, FL 32920 FLOOR EL=9.00 TAX ACCOUNT 2429673 PARCEL A.09 DB 745 PG 459 9 4) 8.3' DIRT AND °RAADEL ROAD '89°O 7 4" W PARCEL A.06 0,• nevi b \o. 66. \0 PARCEL A.07 DB 403 PG 388 BUSINESS ti 8803 N. ATLANTIC AVENUE CAPE CANAVERAL, FL 32920 FLOOR EL=12.18 TAX ACCOUNT 2429671 ASPHALT PARKING LOT S 89°57'55" E O 7/ 135.40' /2. 0 IP rvr. Yx nt • • TVS- FND C.LR. '/H°L ErS RE 55DS^EP5ER.6rR.NM-.." ` , wto•00"wt:?2:0 www1:10490:01%.24;144.4 4 \ TE • \ or ss poo 64;11! rig: *1 1;42: 5.1...6:1 1.1e- 4411 ;ai :to ....;:e4), ;1 a 1 " c 0 U r 00 7 12 0, hN\ti' <12 2' 13.3' 12.• 7' TRIJNCATEC DOMES (TYPICAL) \2•2 12.2' m LiQD O LOT 18 LOT 17 LOT 16 LOT 15 «« SURVEYOR'S A TITLE REPORT A NOTES» SURVEYORS NOTES CONCERNING TITLE REPORT LOT 14 OCEAN GA PLAT 300 I have examined the B-11 section of the OLD REPUBLIC NATIONAL INSURANCE COMPANY, TITLE SEARCH REPORT, dated March 8, 2017 under ORT file No,.17008559 as it relates to the Exceptions as shown and offer the following comments: Items 1 through 7 are General Exceptions and cannot be shown on the Surrey 1. Item 8 deals with Restrictions, conditions, easements and dedications contained in the record plat of TUTEN'S SUBDIVISION. There are none shown. 2. Item 9 deals with a blanket Easement given to Florida Power and Light Company recorded in Deed Book 395 at Page 495. This Easement affects a portion of OAK LANE that the City of Cape Canaveral is claiming for MAINTAINED RIGHT OF WAY. This Easement is shown on the survey and is noted exception #9 3. Item 10 deals with a blanket Easement given to Florida Power and Light Company recorded in Deed Book 396 at Page 198. This Easement affects a portion of OAK LANE that the City of Cape Canaveral is claiming for MAINTAINED RIGHT OF WAY and all of the land conveyed to the City of Cape Canaveral froin Brevard County by deed recorded in ORB 1832 at Page 429. This easement is shown on the survey as exception 10. 4. Item 11 is a 10 foot private roadwaythat lies within the area that the Cityof Cape Canaveral created as a P condition ofa conveyance by deed recorded in Deed Book 403 at Page 388. This roadway is shown on the survey and is noted as exception 11. 5. Item 12 is an ingress -egress Easement given to Floyd and Raymond Jamieson by deed recorded in ORB 319 at Page 126. This easement affects most of the land conveyed to the City of Cape Canaveral by Brevard County by deed recorded in ORB 1832 at Page 429. This easements is shown on the Survey and is noted as exception 12. 6. Item 13 is an un recorded City Resolution 77-39 applying for conveyance of that certain parcel of land known as OAK LANE. Although this resolution affects the property in question it cannot be shown on the survey. 7. Item 14 deals with an un recorded Legal Description and Sketch and should be considered a work product that no longer affects the property in question. 8. Item 15 is a 5 foot wide FP&L easement that does not affect the property in question. It is shown as exception 15. 9. Item 16 is a 7 foot wide easement that does not affect the property in question. It is shown as exception 16. 10. Item 17 is a 20 foot wide utility easement recorded in ORB 4429 at Page 2659 and re recorded in ORB 4409 at Page 478. The second recording is the Cityof CapeCanaveral accepting a private Easement for public use. This easement touches the property inquestion alongits most Western Boundary. This Easement is used for both P P tY rY potable water and sanitary sewer purposes for the Public. This item is shown a exception 17 11. Item 18 and 19 deal with lease provisions for ingress -egress and private water lines of an existing Convenience Store. This information cannot be shown on the Survey. 12. Item 20 deals with a 5 foot city of Cocoa Water Easement recorded in ORB 7432 at Page 720. This easement is being used to accommodate a Fire Hydrant on OAK LANE. This item is shown as exception 20. 13. Items 21 and 22. Are not matters of Survey and are not shown on the Survey. LOT 13 RDENS WAVE TWO ,C 40, PAGE 45 «« SURVEYORS A REPORT » 1. The intended purpose of this survey is for boundary information only, as shown hereon. 2. This survey does not reflect or determine ownership. 3. This survey meets or exceeds the minimal horizontal control accuracy of 1:10,000 for a High risk / Commercial survey. 4. Measurements shown hereon are expressed in feet and decimal parts thereof. 5. Dimensions shown are taken at the exposed areas of improvements, underground footers, foundations, utilities or other subsurface structures are not located for the purpose of this survey. 6. Bearings are based on Deed of record referenced to S 89 °5 7151" E along the North property line. 7. This drawing is not valid unless bearing an original signature and embossed land surveyors seal- 394' (D) SOUTH LINE OF DEED BOOK 395 PAGE 880' (D) LOT 12 LOT 11 LOT 10 145 LOT 9 \ LOT 8 LOT 7 \ LOT 6 «« THE UNDERGROND UTILITY I NFORMATION ii As Shown hereon is based, in part, upon information furnished by utility companies and the local municipality while this information is believed to be reliable, its accuracy and completeness cannot be guaranteed nor certified to. (P) Indicates pipe sizes per record plans. other pipe sizes are estimated no pipe sizes should be relied upon without further verification. «« LEGAL A DESCRIPTION » OCEAN GA PLAT 300 LOT 5 LOT 4 LOT 3 DENS WAVE ONE K 38, PAGE 72 LOT 2 TO POB OF PARCEL A.17 LOT 1 CITYOF CAPE CANAVERAL 0 AK L ANE R IGHTOF WAY L EGAL D ESCRIPTION AS PREPAREDBY S URVEYOR: A portion of Lot A in TUTENSSUBDIVISION according to the plat thereof recorded in Plat Book 1 at Page 22ofthePublicRecords of Brevard County, Florida, the same being all ofthelands transferred byBrevard County to the City of Cape Canaveral by deed recorded in Official Records Book 1832 at Page 429 of the Public Records of Brevard County, together with a portion of Oak Lane that has regularly, continuously and uninterruptedly been and, is presently being maintained by the City of Cape Canaveral that lies East of the East line ofsaid Official Records Book 1832 at Page 429 ancl West of the West right of way line ofNorth Atlantic Avenue AKA STATE ROAD 401 ( 60 foot wide roadway ) The land covered in this legal description is the combination of the conveyance ofBrevard County to the City ofCape Canaveral and the additional area claimed by the City ofCape Canaveral through continuous Maintenance ofa Pubic roadway. To Wit Commence at the intersection of the West Right of Way line of STATE ROAD401 with the North line of the South 165 feet of Lot A of said TUTENS SUBDIVISION said point is witnessed by a 2 inch iron pipe; thence run S06D 53'01'W for 137.90 feet to the intersection with the North line of that part of OAK LANE that has been maintained by the City of Cape Canaveral, said pointis marked with a 4 inch square concrete monument with brass disk #PLS2351, said point being the Point of Beginning of the following described right of way for OAK LANE thence continue 06055'01 "Walong the West right of way line ofSTATE ROAD 401 for 50.35feet to a point on the South line that certain Ingress -Egress Easement described in Official Records Book 364 at Page 312 of the Public Records of Brevard County, Florida, said point also being the Southerly limits of the area maintained by the City of Cape Canaveral, said point is marked with a 4 inch squared concrete monument with brass disc #PLS2351; thence leaving the West right of way line of STATEROAD401 run N890'5755"Walong the South line of the aforesaid ingress -egress easement and along the Southerly limits of the area maintained by the City of Cape Canaveral for 130.35feet to a poin4 said point being marked with a StainlessSteel Nail and Disk set in drill hole marked P-RM. #PLS 2351; thence run N 7403800" W continuing along the Southerly limit line of the area maintained by the City of Cape Canaveral for 58.55feet to the South line of the lands conveyed byBrevard County to the City of Cape Canaveral by the aforementioned deed recorded in Official Records Book 1 1832atPa e429ofthePublicRecordsofBrevardCoun Florida,aid point marked with a4inchssquareoncretemonumentwithbrassdisc#PLS2351;thencerunN89,05755 Walon of the South line of the lands described in g :p s q s aforesaid Official Records book 1832 at Page 429 for 434.95 feet to the Northwest corner of the lands described in OfficialRecordsBook5282atPage1102ofthePublicRecordsofBrevardCounty,•thencerunS01,031'12"EalongtheWest line of said Official Records Book 5282 at Page 1102for 16.50feet to the point of intersection with the South line ofthat part ofOAK LANE that has been maintained by the City of Cape Canaveral, said point is marked with a 4 inch square concrete monument with brass disc #2351; thence run N89D5755"W for 94.05feet to a point on the East line of the West440feetofLotA and Lot Bofthe aforesaid platofTUTENSSUBDIVISION said pointis marked with a 4 inch square concrete monument with brass disc #2351; thence run NO1 D31 '12" W along the East line of the West 440feet of said Lots A and LotBfor 66.50 feet to a point, said point is marked with a 4 inch square inch concrete monument with brass disc #2351; thence runs S 8905755"Ealong the North line of the lands described in Official Records Book 1832atPage 429 for 587.35feet to a point marked with a 4 inch square concrete monument with brass disc #2351;, said point lies on the most Easterly line of the conveyance from Brevard County to the City of Cape Canaveral described in Official Records Book 1832 at Page 429; thence run S 01,031 '12"Ealong said East line for 15.50feet to a point of intersection with that part ofOAKLANE that has been maintained by the City of Cape Canaveral,- Thence run S 89D57'52"E along said Maintained line of 135.40feet to the Point ofBeginning. POC P°B' «M» p» D» « C» PG O.R.B. Point of Commencement PB Point of Beginning D.B. Measured Distance LB Measurment On Plat LS Measurment from Deed Measurment Calculated Page Official Record Book Plat Book DEEDBooK Licensed Business Licensed Surveyor P.U.E- Public Utility Easement P.U.&D.E. Public Utility Easement Conc. Concrete E.O.P. Edge of Pavement EXPLANATION OFABBREVIATIONS A » A/C FND N.D. A.K.A. FFE CB C.B.S. Air Conditioner Found NAIL AND DISK ALso KNOWN As FINISH FLOOR CHORD BEARING CONCRETE BLOCK STRUCTURE N.A.V.D. NATIONAL GEODETIC VERTICAL DATUM CD CHORD DISTANCE C.LF. CHAIN LINK FENCE OHW OVERHEAD WIRE CIR CAPPED IRON ROD D.E. DRAINAGE EASEMENT ELEV. ELEVATION L ARC LENGTH R RADIUS A DELTA HP HIGH POINT (TYPICAL) ± MORE OR LESS RUW RE-UsEWATER - _ ENW ___ = - - ESMT -- = - RiMr = eBjD - -- C L --- = 'PS - = - T S ___ = - OHUT - -- Ede of Water Plat Boundary Line Utility Easements Right of Way Property Line = Property Boundary Line Center Line Top of Bank of Pond, Swale or Ditch Toe of Slope of Pond, Swale or Ditch Over Head Utility's I hereby certify that the survey shown hereon 15 true and correct based on c±U I mesureme is taker? in the fi I . This survev meets thet. r r of PKiirotise _et forth by the Florida Board of -Professional and Surveyors found in Chapter 5)-17.052, Florida Administrative Code, pit rsu7ntto Section 472.027, Florida Statutes. UNLESS IT BEARS Ti IE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCI I, PLAT OP. MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. John R. Campbell Professional Surveyor & Mapper #23E1 State of Florida z O w z 0 a o r*-C:?1 >- O cc O z «« EASEMENT'S A LEGEND » ORB 4409 / 478 20' UTILITY EASEMENT , DB 96 / 198 F.P. 4 L. BLANKET EASEMENT DB 395 / 495 F.P. L. BLANKET EASEMENT BRICK PAVER CROSSWALK WITH WHITE PAINTED LINES NE CORNER PARCEL L,eorge 1 i ing Boulevard I {rtal le ru,}er aq d, g anus r \ ova Vrlvv ❑'A'1 6puleYarsi manatee Bay Eirr,ft ,George J King Bault-- pal mp West 01,,,SITE ii drd FOUND 1/2" IRON 0.71 FEET WEST, Oak Lane Kings Lane orivt Tinih❑gFhuenue 5aro red kayo evvtevara 122 .`°.., Coral Give 0„e Y'D tlulrrrar -I a6S Gei L Boulevard Surf Drive Cf'd:11:11e1 Wert Omani, Strom 'YlasriiM r'. Avenue Adam3 Are ,nr+: Jerrersnn Avervue e Mo AI son wen.* LOCATION A MAP ii ROD NO ID.I ON LINE FOUND 4"X4" CON MONUMENT NO ID. TOWNHOVIES SEA SHELL CAY oo Ln w Q Ln LOT 3 0 0 m LOT 2 0 CRETE ON LINE LOT 4 LOT 1 FOUND NAIL & DISC PLS 2787 SW CORNER OF PB. 56, PG. 58 41- NORTH LINE OF DEED BOOK 395 PAGE1145 293.20' (D)I FOUND 4"X4" CONCRETE OF MONUMENT WITH DISC B STAMPED BREVARD ENGINEERING CO. ON EAST LINE OF THE SW 1/4 OF THE NW 1/4 OF SECTION 14 NE CORNER OF LOT B TUTEN'S SUBDIVISION PLAT BOOK 1, PAGE 22 NO CORNER FOUND OR SET EAST LINE OF DEED BOOK 395 PAGE 145 FOUND 1/2" IRON ROD NO ID. NW CORNER OF LOT 1 PLAT BOOK 32 PAGE 75 DEED BOOK 424, PAGE 566 POINT OF BEGINNING DEED BOOK 395, PAGE 145 ORB 762, PG 200 w li SE CORNER OF THE SW 1/4 OF THE -004 1 NW 1/4 SECTION 14, TOWNSHIP 24 /SOUTH,7ANGE 37 EAST NO CO7NE7 FOUND 07 SET ORB 2592 / 879 7' X 10' F.P. $ L. EASEMENT I 30 SCAALE -30 0 15 30 60 120 LNFORA4.n TJONAL P URPOSES ONLY S TATE PLANE BE.1 ,NC TO DEED BEA ,NGS R n C OOnDINnTE CONVP ,oN STATE PLANE SBASE DEY.D/PLAT' A BEARING, BEARING BASE moo,. Ln W 0 Q _C0C\I rr) 0 -J Z O mom n- < ~ 8- = < 0_ L ICENSED B USINESS # 7978 115Alma Blvd.,Suite 102 / MailingAddress:P.O.Box 541866 Merrittlsland, FL 32954 Phone (321)514.6920 13 OUNDARY S URVEY PREPARED FOR AND CERTIFIED TO: CITY of CAPE CANAVERAL 9/♦ SITE L OCATION: O AK ANE APE ANAVERAL L L C C F 32920 SHEET 2 OF 2 CHECKEDBY:].R. CAMPBE D WG : 2018-29OBNDY DRAWNBY: EL HALE D ATE: 2/25/2019 PROJECT N o.: 2018-290 REVISIONS DATE DESCRIPTION #1 #2 #3 #4 4/10/19 6/20/19 6/28/19 8/21/19 SECTION 14 TOWNSHIP 24 SOUTH RANGE 37 EAST Add Working Document and City Comments Revise Right of Way Boundary per City Comments Revise per City Comments Revise per Comments City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 5 Subject: Ordinance No.18-2019; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, second reading. Department: Administrative/Financial Services Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 18-2019 (Attachment 1) is presented for adoption. Exhibit "A" to the Ordinance details the revenues and expenditures pertaining to the Starting Budget, Budget Transfers, Year-end Budget Adjustments and concludes with the 2019 Ending Budget. The revenues and expenditures have been adjusted to reflect what Staff believes to be the final Budget. This shows revenue that has exceeded estimates or was under -realized. Attachment 2 shows a complete Budget Adjustment Detail sequentially numbered by Account/Department. As with past years, the Comprehensive Annual Financial Report (CAFR) will provide the actual expenditures for this budget year. It is anticipated that the FY 2018/19 Estimated Ending Fund Balances as compared to the Budget are as follows: General Fund $1,279,826 Special Revenue Fund $39,835 Capital Projects Fund - Wastewater Enterprise Fund $1,593,189 Stormwater Enterprise Fund $404,881 Ordinance No. 18-2019 was approved on October 15, 2019. The Notice of Public Hearing was advertised in Florida Today on November 6, 2019. Submitting Department Director: John DeLeo Date: 11/12/19 Attachments 1. Ordinance No. 18-2019 with Exhibit "A" — Year End Budget Adjustments. 2. Budget Adjustment Summary. Financial Impact: No additional financial impact is experienced through the formal adoption of the Budget Adjustments and Amendments. However, the financial impact of each Adjustment or Amendment is recorded at the face value of the Amendment. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/12/19 The Interim City Manager recommends City Council take the following action: Adopt Ordinance No. 18-2019, second reading. Approved by Interim City Manager: Todd Morley Date: 11/8/19 Attachment 1 ORDINANCE NO. 18-2019 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY FUND, CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND ENTERPRISE CAPITAL FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018, AND ENDING SEPTEMBER 30, 2019; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS AND AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached hereto as Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2018, and ending September 30, 2019, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day November, 2019. ATTEST: Mia Goforth, CMC City Clerk Approved as to Form: Anthony A. Garganese, City Attorney First Reading: 10/15/2019 Legal Ad Published: 11/6/2019 Second Reading: 11/19/2019 Bob Hoog, Mayor Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond FOR AGAINST Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2019 FY 2018-2019 GENERAL FUND FY 2019 FY 2019 FY 2019 FY 2019 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 714,776 $ - $ 321,077 1,035,853.00 Cash Forward-Trans Impact Fees - - - - Cash Forward-R&R 320,000 - (320,000) - Ad Valorem Taxes 4,391,937 - 72,150 4,464,087 Local Option Gas Tax 359,493 - 26,086 385,579 Franchise Fees 857,793 - (94,078) 763,715 Utility Taxes 1,260,225 - (92,893) 1,167,332 Communications Service Tax 469,873 - (88,429) 381,444 Permits&Licenses 423,152 - 273,958 697,110 Impact Fees 10,200 - (9,740) 460 Long Point Road Estuary Rehab State Grants 50,000 - (50,000) - State Shared Revenue 953,883 - (59,288) 894,595 Local Shared Revenue 128,000 - - 128,000 Charges for Services 31,410 - 13,129 44,539 Garbage&Recycling Revenue 1,141,781 - (18,658) 1,123,123 Recreation Fees 92,125 - (6,589) 85,536 Fines&Forfeitures 19,900 - 196,497 216,397 Interest Income 63,960 - 197,889 261,849 Fire Hydrant Rental Fee 73,573 - 1,217 74,790 Miscellaneous Revenue 100,350 - 204,101 304,451 Transfer from School Guard Crossing Fund 2,385 - - 2,385 Transfer from CC Redevelopment Fund 685,634 - 308 685,942 Contribution from Wastewater Fund 691,442 - 0 691,442 Contribution from Stormwater Fund 19,566 - - 19,566 Other Sources Loan Proceeds 4,600,000 (4,541,500) 58,500 TOTAL REVENUES $ 17,461,458 $ - $ (3,974,764) $ 13,486,694 EXPENDITURE Legislative $ 32,505 $ - $ (7,903) $ 24,602 Administrative Services 509,648 111,282 $ (20,604) 600,326 Community Development 273,732 29,000 $ 51,213 353,945 Protective Services 2,882,653 $ (3,603) 2,879,050 Fire/Rescue Services 2,077,985 $ 45,086 2,123,071 Building&Code Enforcement 461,458 23,565 $ (7,930) 477,093 Infrastructure Maintenance 1,104,717 - $ 8,145 1,112,862 Economic Development 150,002 $ (17,862) 132,140 Leisure Services 715,033 12,205 $ (55,889) 671,349 Community Engagement 214,320 - $ (140,839) 73,481 Legal Services 265,600 $ (37,152) 228,448 Solid Waste 1,137,610 - $ (23,828) 1,113,782 Debt Service 1,291,428 - $ 0 1,291,428 Non-Departmental 1,243,644 - $ (199,934) 1,043,710 Transfer to Community Redevelopment Agency 4,600,000 - $ (4,541,500) 58,500 Transfer to Capital Construction Fund - - Transfer to Wastewater Enterprise Fund - 23,037 23,037 Transfer to N Atlantic Ave Improvement Fund - 44 44 Contingency 501,123 (176,052) 954,755 1,279,826 TOTAL EXPENDITURES $ 17,461,458 $ - $ (3,974,764) $ 13,486,694 Excess of Revenues Over/(Under)Expenditures $ - Page 1 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2019 FY 2018-2019 POLICE EDUCATION FUND FY 2019 FY 2019 FY 2019 FY 2019 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Police Education Income $ 990 $ - $ (134) $ 856 Interest Income 194 - $ 137 331 TOTAL REVENUES $ 1,184 $ - $ 3 $ 1,187 EXPENDITURE Education&Training $ - $ - $ - $ - Contingency 1,184 - 3 1,187 TOTAL EXPENDITURES $ 1,184 $ - $ 3 $ 1,187 Excess of Revenues Over/(Under)Expenditures $ - FIRE PROTECTION FUND FY 2019 FY 2019 FY 2019 FY 2019 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward R&R $ - $ - $ - Interest Income 144 62 206 Impact Fees - - - - Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 144 $ - $ 62 $ 206 EXPENDITURE Transfer to GF $ - $ - Contingency 144 - 62 206 TOTAL EXPENDITURES $ 144 $ - $ 62 $ 206 Excess of Revenues Over/(Under)Expenditures $ - SCHOOL CROSSING GUARD FUND FY 2019 FY 2019 FY 2019 FY 2019 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 1,574 $ - $ 1,574 Parking Fine Surcharge 750 - $ 720 1,470 Interest Income 61 - $ (61) - TOTAL REVENUES $ 2,385 $ - $ 659 $ 3,044 EXPENDITURE Transfer to General Fund $ 2,385 $ - $ - $ 2,385 Contingency - - 659 659 TOTAL EXPENDITURES $ 2,385 $ - $ 659 $ 3,044 Excess of Revenues Over/(Under)Expenditures $ - Page 2 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2019 FY 2018-2019 LIBRARY FUND FY 2019 FY 2019 FY 2019 FY 2019 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - Ad Valorem Taxes $ 68,430 $ - $ 1,122 $ 69,552 Ad Valorem Tax Delinquent 50 - $ (14) 36 Tax Penalty Income 60 - $ (20) 40 Interest Income 4,968 - $ 3,481 8,449 Interest-Library Impact Fees - - $ - - Interest-Tax Collections 42 - $ 111 153 Net Increase(decrease)in FMV - - $ - - Impact Fees-Library - - $ 80 80 Transfer from Capital Construction Fund - - $ - - TOTAL REVENUES $ 73,550 $ - $ 4,760 $ 78,310 EXPENDITURE Operating Expenses $ 34,850 $ - $ (11,028) $ 23,822 Capital Purchases 31,200 - $ 1,466 32,666 Contingency 7,500 - $ 14,322 21,822 TOTAL EXPENDITURES $ 73,550 $ - $ 4,760 $ 78,310 Excess of Revenues Over/(Under)Expenditures $ - CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2019 FY 2019 FY 2019 FY 2019 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 66,659 $ - $ 66,659 State Grant DEO $ - Shared Revenue from Cape Canaveral 468,799 - $ - 468,799 Shared Revenue from Brevard County 468,799 - $ - 468,799 Interest Income - - $ 510 510 Net Increase(decrease)in FMV - - $ - - Transfer from General Fund 4,600,000 $ (4,516,500) 83,500 TOTAL REVENUES $ 5,604,257 $ - $ (4,515,990) $ 1,088,267 EXPENDITURE Operating Expenses $ 11,299 $ - $ 5,580 $ 16,879 Capital Purchases 4,855,000 $ (4,537,531) 317,469 Debt Service 737,958 - $ - 737,958 Transfer to N.Atlantic Ave.Imp.Fund - - $ - - Contingency $ 15,961 15,961 TOTAL EXPENDITURES $ 5,604,257 $ - $ (4,515,990) $ 1,088,267 Excess of Revenues Over/(Under)Expenditures $ - Page 3 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2019 FY 2018-2019 LAW ENFORCEMENT TRUST FUND FY 2019 FY 2019 FY 2019 FY 2019 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 7,146 $ - $ - $ 7,146 Interest-State 72 - $ (25) $ 47 Contraband Income 1,000 - $ 572 $ 1,572 Net Increase(decrease)in FMV - - $ - - TOTAL REVENUES $ 8,218 $ - $ 547 $ 8,765 EXPENDITURE School Resource Officer $ 8,218 $ - $ (2.00) $ 8,216 Contingency - - 549 549 TOTAL EXPENDITURES $ 8,218 $ - $ 547 $ 8,765 Excess of Revenues Over/(Under)Expenditures $ - Page 4 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2019 FY 2018-2019 CAPITAL CONSTRUCTION FUND FY 2019 FY 2019 FY 2019 FY 2019 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward-General Government $ - $ 1,824 $ 1,824.00 Cash Forward-Fire/Rescue - - - - Cash Forward-Protective Services - - - - Cash Forward-Leisure Services - - - - Cash Forward-Library - - - - Interest-General Government - - - - Interest-Fire/Rescue - - - - Net Increase(decrease)in FMV - - - - Transfer from General Fund - - - Cap.Expansion Fees-General Government - - - - Cap.Expansion Fees-Fire/Rescue - - - - TOTAL REVENUES $ - $ - $ 1,824 $ 1,824 EXPENDITURE Capital-General Government $ - $ - $ 1,824 $ 1,824 Capital-Fire/Rescue - - - - Transfer to General Fund - - - - Transfer to Library Fund - - - - Contingency-General Government - - - Contingency-Fire/Rescue - - TOTAL EXPENDITURES $ - $ - $ 1,824 $ 1,824 Excess of Revenues Over/(Under)Expenditures $ - Page 5 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2019 FY 2018-2019 WASTEWATER ENTERPRISE FUND FY 2019 FY 2019 FY 2019 FY 2019 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 1,165,224 $ - $ 1,165,224 St.John's RWMD Grant - Utility Operating Income 3,861,325 - 123,987 3,985,312 Utility Penalty Income 60,500 - (5,099) 55,401 Impact Fees - - - - Reuse Hook-Up Fees 3,900 - (1,886) 2,014 Reclaimed Water Revenue 85,105 - (1,365) 83,740 Investment Income 9,780 - 4,888 14,668 Sale of Fixed Assets 5,000 - (3,328) 1,672 Miscellaneous Income - - 1,112 1,112 Transfer from CC CRA Fund 52,323 - 1 52,324 SRF Loan Proceeds 2,513,000 - (788,096) 1,724,904 Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 7,756,157 $ - $ (669,786) $ 7,086,371 EXPENDITURE Personal Services $ 1,394,496 $ - $ (128,498) $ 1,265,998 Operating Expenses 1,113,101 68,000 $ 37,456 1,218,557 Debt Service 498,308 $ (476,380) 21,928 Contribution to General Fund 691,442 - $ 88 691,530 Transfer to Enterprise Capital Fund 3,990,600 $ (1,695,432) 2,295,168 Contingency 68,210 (68,000) $ 1,592,979 1,593,189 TOTAL EXPENSES $ 7,756,157 $ - $ (669,786) $ 7,086,371 Excess of Revenues Over/(Under)Expenses $ - Page 6 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2019 FY 2018-2019 STORMWATER ENTERPRISE FUND FY 2019 FY 2019 FY 2019 FY 2019 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 100,000 $ - $ - $ 100,000 IRL Grant 11,000 - $ (11,000) - Stormwater Utility Fees 899,580 - (46,353) 853,227 Investment Income 6,060 - (3,854) 2,206 Sale of Fixed Asset - - SRF Loan Proceeds - - - Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 1,016,640 $ - $ (61,207) $ 955,433 EXPENDITURE Personal Services $ 212,919 $ - $ 2,670 $ 215,589 Operating Expenses 225,319 118,000 $ (52,922) 290,397 Contribution to General Fund 19,566 - $ - 19,566 Transfer to Enterprise Capital Fund 303,600 - $ (278,600) 25,000 Contingency 255,236 (118,000) $ 267,645 404,881 TOTAL EXPENSES $ 1,016,640 $ - $ (61,207) $ 955,433 Excess of Revenues Over/(Under)Expenses $ - ENTERPRISE CAPITAL FUND FY 2019 FY 2019 FY 2019 FY 2019 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Transfer from Wastewater Fund $ 3,990,600 $ - $ (1,695,432) $ 2,295,168 Transfer from Stormwater Fund 303,600 - $ (278,600) 25,000 SRF Loan Proceeds - - - - Enterprise Capital Contingency - TOTAL REVENUES $ 4,294,200 $ - $ (1,974,032) $ 2,320,168 EXPENDITURE Capital-Wastewater $ 3,990,600 $ - $ (1,791,953) $ 2,198,647 Capital-Stormwater 303,600 - $ (278,600) 25,000 Contingency-Wastewater - - $ 96,521 96,521 Contingency-Stormwater - - $ - - TOTAL EXPENSES $ 4,294,200 $ - $ (1,974,032) $ 2,320,168 Excess of Revenues Over/(Under)Expenses $ - Page 7 of 7 Attachment 2 General Ledger Budget Adjustment Summary C i t y o f Cape Canaveral [City Seal] Account Number Beginning Budget Amount Current Budget 001-002-513-110000 Executive Salaries 740,150.00 111,282.24 851,432.24 001-003-515-462000 Equipment Maintenance 0.00 29,000.00 29,000.00 001-006-524-400000 Travel&Per Diem 4,003.00 3,000.00 7,003.00 001-006-524-462000 Equipment Maintenance 9,860.00 18,265.00 28,125.00 001-006-524-540000 Memberships&Training 5,850.00 2,300.00 8,150.00 001-011-572-540000 Memberships&Training 695.00 12,205.00 12,900.00 001-017-901-462000 Equip.Maint.-City Network 144,916.00 72,000.00 216,916.00 001-017-901-990000 Contingency 501,103.00 -248,052.24 253,050.76 401-010-535-310000 Professional Services 15,000.00 30,000.00 45,000.00 401-010-535-462200 Collection System Maintenance 78,950.00 38,000.00 116,950.00 401-010-535-990000 Contingency 68,210.00 -68,000.00 210.00 403-018-538-310100 Engineering Fees 34,000.00 118,000.00 152,000.00 403-018-538-990000 Contingency 255,236.00 -118,000.00 137,236.00 405-010-535-633005 Canaveral Prk Exfiltration Sys 130,000.00 64,100.00 194,100.00 405-010-535-641002 RAS Pump/Motor Replacement 22,000.00 6,000.00 28,000.00 405-010-535-641015 Refrigerator Replacement 8,500.00 -3,800.00 4,700.00 405-010-535-642012 Blower Pipe-Digester 2nd Basin 50,000.00 -50,000.00 0.00 405-010-535-642015 SCADA System 290,000.00 -6,000.00 284,000.00 405-010-535-642016 Specialty Lab Equipment 16,000.00 3,800.00 19,800.00 405-010-535-642023 WWTP Gate 5,800.00 14,200.00 20,000.00 405-010-535-642029 WWTP Lighting Rehabilitation 226,500.00 -28,300.00 198,200.00 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 6 Subject: Discussion to consider amending the City of Cape Canaveral Parking Regulations Department: City Council Summary: Discussion on amending all parking space regulations such as but not limited to Section 110-1 and 110-494 shown below to allow for more impervious green options to help reduce stormwater runoff as described in the sustainability plan. Sec. 110-494. Dimensions. Off street parking spaces shall consist of a minimum paved area of 180 square feet for parking an automobile, exclusive of access drives or aisles thereto. The minimum width of each space shall be 10 feet and minimum length shall be 18 feet. Sec. 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: Paving may consist of the following materials: macadam, asphalt, concrete, pervious concrete, permeable paving, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, curb, kerb, curbstone, kerbstone, edgestone and curbing. All paving material shall have a finished surface and must be contained by a permanent border and properly maintained. Submitting Council Member: Wes Morrison Date: 10/03/2019 Attachment(s): City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 7 Subject: Discussion on options we have within the limits of FL Law 2019-131 regarding telecommunication/wireless facilities. Department: City Council Summary: Discussion on options way may have within our local zoning regulations due to the Advanced Wireless Infrastructure Deployment Act (CS/HB 687) signed into law in June of 2017, and Chapter 2019-131 (effective July 1, 2019) which provide access to public rights -of - way for the installation of new poles to accommodate broadband infrastructure. Submitting Council Member: Wes Morrison Date: 10/02/2019 Attachment(s): Attachment 1-FL Law Chapter 2019-131.pdf CHAPTER 2019-131 Committee Substitute for Committee Substitute for Committee Substitute for Senate Bill No. 1000 An act relating to communications services; amending s. 202.20, F.S.; conforming a cross-reference; amending s. 337.401, F.S.; revising legisla- tive intent; specifying limitations and prohibitions on municipalities and counties relating to registrations and renewals of communications service providers; authorizing municipalities and counties to require certain information as part of a registration; prohibiting municipalities and counties from requiring a payment of fees, costs, or charges for provider registration or renewal; prohibiting municipalities and counties from adopting or enforcing certain ordinances, regulations, or requirements; specifying limitations on municipal and county authority to regulate and manage municipal and county roads or rights -of -way; prohibiting certain municipalities and counties from electing to impose permit fees; providing retroactive applicability; authorizing certain municipalities and counties to continue to require and collect such fees; deleting obsolete provisions; specifying activities for which permit fees may not be imposed; deleting certain provisions relating to municipality, charter county, and nonchar- ter county elections to impose, or not to impose, permit fees; requiring that enforcement of certain ordinances must be suspended until certain conditions are met; revising legislative intent relating to the imposition of certain fees, costs, and exactions on providers; specifying a condition for certain in -kind compensation; revising items over which municipalities and counties may not exercise regulatory control; authorizing munici- palities and counties to require a right-of-way permit for certain purposes; providing requirements for processing certain permit applications; pro- hibiting municipalities and counties from certain actions relating to certain aerial or underground communications facilities; specifying limitations and requirements for certain municipal and county rules and regulations; revising definitions for the Advanced Wireless Infra- structure Deployment Act; prohibiting certain actions by an authority relating to certain utility poles; prohibiting authorities from requiring permit applicants to provide certain information, except under certain circumstances; adding prohibited acts by authorities relating to small wireless facilities, application requirements, public notification and public meetings, and the placement of certain facilities; revising applicability of authority rules and regulations governing the placement of utility poles in the public rights -of -way; providing construction relating to judicial review of certain application denials; specifying grounds for an authority's denial of a proposed collocation of a small wireless facility or placement of a utility pole in the public rights -of -way; deleting an authority's authoriza- tion to adopt ordinances for performance bonds and security funds; authorizing an authority to require a construction bond, subject to certain conditions; requiring authorities to accept certain financial instruments for certain financial obligations; authorizing providers to add authorities 1 CODING: Words ctrickcn are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 to certain financial instruments; prohibiting an authority from requiring a provider to indemnify an authority for certain liabilities; prohibiting an authority from requiring a permit, approval, fees, charges, costs, or exactions for certain activities; authorizing and limiting filings an authority may require relating to micro wireless facility equipment; providing an exception to a certain right-of-way permit for certain service restoration work; providing conditions under which a wireless provider must comply with certain requirements of an authority which prohibit new utility poles used to support small wireless facilities in certain areas; providing that an authority may require wireless providers to comply with certain objective design standards adopted by ordinance; authorizing an authority to waive such design standards under certain circumstances; providing a requirement for the waiver; revising an authority's author- ization to apply certain ordinances to applications filed before a certain timeframe; authorizing a civil action for violations; providing actions a court may take; requiring that work in certain authority rights -of -way must comply with a specified document; providing for statutory construc- tion; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (b) of subsection (2) of section 202.20, Florida Statutes, is amended to read: 202.20 Local communications services tax conversion rates.— (2) (b) Except as otherwise provided in this subsection, "replaced revenue sources," as used in this section, means the following taxes, charges, fees, or other impositions to the extent that the respective local taxing jurisdictions were authorized to impose them prior to July 1, 2000. 1. With respect to municipalities and charter counties and the taxes authorized by s. 202.19(1): a. The public service tax on telecommunications authorized by former s. 166.231(9). b. Franchise fees on cable service providers as authorized by 47 U.S.C. s. 542. c. The public service tax on prepaid calling arrangements. d. Franchise fees on dealers of communications services which use the public roads or rights -of -way, up to the limit set forth in s. 337.401. For purposes of calculating rates under this section, it is the legislative intent that charter counties be treated as having had the same authority as municipalities to impose franchise fees on recurring local telecommunication service revenues prior to July 1, 2000. However, the Legislature recognizes 2 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 that the authority of charter counties to impose such fees is in dispute, and the treatment provided in this section is not an expression of legislative intent that charter counties actually do or do not possess such authority. e. Actual permit fees relating to placing or maintaining facilities in or on public roads or rights -of -way, collected from providers of long-distance, cable, and mobile communications services for the fiscal year ending September 30, 1999; however, if a municipality or charter county elects the option to charge permit fees pursuant to s. 337.401(3)(c) 337.401(3)(c) 1.a., such fees shall not be included as a replaced revenue source. 2. With respect to all other counties and the taxes authorized in s. 202.19(1), franchise fees on cable service providers as authorized by 47 U.S.C. s. 542. Section 2. Subsection (3), paragraphs (d), (e), and (f) of subsection (6), and paragraphs (b), (c), (d), (e), (f), (g), and (i) of subsection (7) of section 337.401, Florida Statutes, are amended, paragraph (r) is added to subsection (7), and subsections (8) and (9) are added to that section, to read: 337.401 Use of right-of-way for utilities subject to regulation; permit; fees.— (3)(a) Because of the unique circumstances applicable to providers of communications services, including, but not limited to, the circumstances described in paragraph (e) and the fact that federal and state law require the nondiscriminatory treatment of providers of telecommunications services, and because of the desire to promote competition among providers of communications services, it is the intent of the Legislature that munici- palities and counties treat providers of communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of commu- nications facilities in the public roads or rights -of -way. Rules or regulations imposed by a municipality or county relating to providers of communications services placing or maintaining communications facilities in its roads or rights -of -way must be generally applicable to all providers of communica- tions services, taking into account the distinct engineering, construction, operation, maintenance, public works, and safety requirements of the provider's facilities, and, notwithstanding any other law, may not require a provider of communications services to apply for or enter into an individual license, franchise, or other agreement with the municipality or county as a condition of placing or maintaining communications facilities in its roads or rights -of -way. In addition to other reasonable rules or regulations that a municipality or county may adopt relating to the placement or maintenance of communications facilities in its roads or rights -of -way under this subsection or subsection (7), a municipality or county may require a provider of communications services that places or seeks to place facilities in its roads or rights -of -way to register with the municipality or county. To register, a provider of communications services may be required only to provide its name and to providc thc namc of thc rcgistrant; the name, address, and 3 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 telephone number of a contact person for the registrant; the number of the registrant's current certificate of authorization issued by the Florida Public Service Commission, the Federal Communications Commission, or the Department of State; a statement of whether the registrant is a pass - through provider as defined in s. 337.401(6)(a)1.; the registrant's federal employer identification number; and any required proof of insurance or self - insuring status adequate to defend and cover claims. A municipality or county may not require a registrant to renew a registration more frequently than every 5 years but may require during this period that a registrant update the registration information provided under this subsection within 90 days after a change in such information. A municipality or county may not require the registrant to provide an inventory of communications facilities, maps, locations of such facilities, or other information by a registrant as a condition of registration, renewal, or for any other purpose; provided, however, that a municipality or county may require as part of a permit application that the applicant identify at -grade communications facilities within 50 feet of the proposed installation location for the placement of at- 2-rade communications facilities. A municipality or county may not require a provider to pay any fee, cost, or other charge for registration or renewal thereof. It is the intent of the Legislature that the placement, operation, maintenance, upgrading, and extension of communications facilities not be unreasonably interrupted or delayed through the permitting or other local regulatory process. Except as provided in this chapter or otherwise expressly authorized by chapter 202, chapter 364, or chapter 610, a municipality or county may not adopt or enforce any ordinance, regulation, or requirement as to the placement or operation of communications facilities in a right-of- way by a communications services provider authorized by state or local law to operate in a right-of-way; regulate any communications services; or impose or collect any tax, fee, cost, charge, or exaction for the provision of communications services over the communications services provider's communications facilities in a right-of-way. (b) Registration described in paragraph (a) does not establish a right to place or maintain, or priority for the placement or maintenance of, a communications facility in roads or rights -of -way of a municipality or county. Each municipality and county retains the authority to regulate and manage municipal and county roads or rights -of -way in exercising its police power, subject to the limitations imposed in this section and chapters 202 and 610. Any rules or regulations adopted by a municipality or county which govern the occupation of its roads or rights -of -way by providers of communications services must be related to the placement or maintenance of facilities in such roads or rights -of -way, must be reasonable and nondiscriminatory, and may include only those matters necessary to manage the roads or rights -of -way of the municipality or county. (c) Any municipality or county that, as of January 1, 2019, elected to require permit fees from any provider of communications services that uses or occupies municipal or county roads or rights -of -way pursuant to former paragraph (c) or paragraph (i), Florida Statutes 2018, may continue to 4 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 require and collect such fees. A municipality or county that elected as of January 1, 2019, to require permit fees may elect to forego such fees as provided herein. A municipality or county that elected as of January 1, 2019, not to require permit fees may not elect to impose permit fees. 1. It is thc intention of the state to trcat all providcrs of communication: ccrviccs that use or occupy municipal or chartcr county roads or rights of way for thc provision of communications services in a nondiscriminatory and compctitivcly ncutral manncr with rcspcct to thc paymcnt of permit fccs. Ccrtain providcrs of communications services havc bccn grantcd by gcncral law thc authority to offset permit fccs against franchise or othcr fccs while othcr providcrs of communications services havc not bccn grantcd this authority. In ordcr to trcat all providcrs of communications services in a nondiscriminatory and compctitivcly ncutral manncr with rcspcct to the paymcnt of permit fccs, cach municipality and chartcr county shall makc an cicction undcr cithcr sub subparagraph a. or sub subparagraph b. and must inform thc Dcpartmcnt of Rcvcnuc of thc cicction by ccrtificd mail by July 16, 2001. Such cicction shall takc cffcct Octobcr 1, 2001. a.(I) Thc municipality or chartcr county may rcquirc and collcct permit fccs from any providcrs of communications services that use or occupy municipal or county roads or rights of way. All fees authorized permittcd under this paragraph cub subparagraph must be reasonable and commen- surate with the direct and actual cost of the regulatory activity, including issuing and processing permits, plan reviews, physical inspection, and direct administrative costs; must be demonstrable; and must be equitable among users of the roads or rights -of -way. A fee authorized permittcd under this paragraph sub subparagraph may not be offset against the tax imposed under chapter 202; include the costs of roads or rights -of -way acquisition or roads or rights -of -way rental; include any general administrative, manage- ment, or maintenance costs of the roads or rights -of -way; or be based on a percentage of the value or costs associated with the work to be performed on the roads or rights -of -way. In an action to recover amounts due for a fee not authorized permittcd under this paragraph cub subparagraph, the prevail- ing party may recover court costs and attorney attorncy'a fees at trial and on appeal. In addition to the limitations set forth in this section, a fee levied by a municipality or charter county under this paragraph cub subparagraph may not exceed $100. However, permit fees may not be imposed with respect to permits that may be required for service drop lines not required to be noticed under s. 556.108(5) G. 556.108(5)(a)2. or for any activity that does not require the physical disturbance of the roads or rights -of -way or does not impair access to or full use of the roads or rights -of -way, including, but not limited to, the performance of service restoration work on existing facilities, extensions of such facilities for providing communications services to customers, and the placement of micro wireless facilities in accordance with subparagraph (7)(e)3. (II) To cnsurc compctitivc ncutrality among providcrs of communica tions services, for any municipality or chartcr county that ciccts to exercise its authority to rcquirc and collcct permit fccs undcr this sub subparagraph, 5 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 thc ratc of thc local communications services tax imposed by such by a ratc of 0.12 percent. b. Alternatively, thc municipality or chartcr county may cicct not to rcquirc and collcct permit fccs from any providcr of communications services that uses or occupics municipal or chartcr county roads or rights of way for thc provision of communications services; howcvcr, cach municipality or chartcr county that ciccts to operatc undcr this sub subparagraph retains all authority to cstablish rulcs and rcgulations for providcrs of communica tions services to use or occupy roads or rights of way as providcd in thin ccction. 1. If a municipality or charter county elects to not require permit fees operatc undcr this sub subparagraph, the total rate for the local commu- nications services tax as computed under s. 202.20 for that municipality or charter county may be increased by ordinance or resolution by an amount not to exceed a rate of 0.12 percent. If a municipality or chartcr county elect., to increase its ratc cffcctivc Octobcr 1, 2001, thc municipality or chartcr county shall inform thc department of such increased ratc by ccrtificd mail postmarkcd on or bcforc July 16, 2001. c. A municipality or chartcr county that docs not makc an cicction as providcd for in this subparagraph shall bc presumed to havc cicctcd to operatc undcr thc provisions of sub subparagraph b. 2. Each nonchartcr county shall makc an cicction undcr cithcr sub cubparagraph a. or sub subparagraph b. and shall inform thc Dcpartmcnt of Rcvcnuc of the cicction by ccrtificd mail by July 16, 2001. Such cicction shall takc cffcct Octobcr 1, 2001. a. Thc nonchartcr county may cicct to rcquirc and collcct permit fccs from any providcrs of communications services that use or occupy non chartcr county roads or rights of way. All fccs permittcd undcr this sub cubparagraph must bc reasonable and commcnsuratc with thc dircct and actual cost of thc regulatory activity, including is.,uing and proccs.,ing permits, plan rcvicws, physical inspcction, and dircct administrativc costs; must bc demonstrable; and must bc equitable among users of thc roads or rights of way. A fcc permittcd undcr this sub subparagraph may not: be offcct against thc tax impoccd undcr chaptcr 202; includc thc costs of roads or rights of way acquisition or roads or rights of way rcntal; includc any gcncral administrativc, managcmcnt, or maintcnancc costs of thc roads or rights of way; or bc based on a percentage of thc value or costs as.,ociatcd with thc work to bc performed on thc roads or rights of way. In an action to rccovcr amounts duc for a fcc not permittcd undcr this sub subparagraph, thc prevailing party may rccovcr court costs and attorncy's fccs at trial and on appcal. In addition to thc limitations sct forth in this ccction, a fcc levied by a nonchartcr county undcr this sub subparagraph may not cxcccd $100. Howcvcr, permit fccs may not bc imposed with respect to permits that may bc rcquircd for service drop lincs not rcquircd to bc noticed undcr s. 6 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 556.108(5)(a)2. or for any activity that docs not rcquirc thc physical disturbancc of thc roads or rights of way or docs not impair accc°., to or full u°c of thc roads or rights of way. b. Altcrnativcly, thc nonchartcr county may cicct not to rcquirc and collcct permit fccs from any providcr of communications scrviccs that u°cs or occupics nonchartcr county roads or rights of way for thc provision of communications scrviccs; howcvcr, cach nonchartcr county that ciccts to operatc undcr this sub subparagraph shall rctain all authority to cstablish rulcs and rcgulations for providcrs of communications scrviccs to u°c or occupy road° or rights of way ac providcd in thic ccction. 2. If a noncharter county elects to not require permit fees operatc undcr this sub subparagraph, the total rate for the local communications services tax as computed under s. 202.20 for that noncharter county may be increased by ordinance or resolution by an amount not to exceed a rate of 0.24 percent, to replace the revenue the noncharter county would otherwise have received from permit fees for providers of communications services. If a nonchartcr county ciccts to incrca°c its ratc cffcctivc Octobcr 1, 2001, thc nonchartcr county shall inform thc dcpartmcnt of such incrcascd ratc by ccrtificd mail postmarkcd on or bcforc July 16, 2001. c. A nonchartcr county that docs not makc an cicction as providcd for in this subparagraph shall be prcsumcd to havc cicctcd to operatc undcr tho provisions of sub subparagraph b. 3. Exccpt as providcd in this paragraph, municipalitics and countico rctain all cxisting authority to rcquirc and collcct permit fccs from u°crs or occupants of municipal or county roads or rights of way and to °ct appropriatc permit fcc amounts. (d) Aftcr January 1, 2001, In addition to any other notice requirements, a municipality must provide to the Secretary of State, at least 10 days prior to consideration on first reading, notice of a proposed ordinance governing a telecommunications company placing or maintaining telecommunications facilities in its roads or rights -of -way. Aftcr January 1, 2001, In addition to any other notice requirements, a county must provide to the Secretary of State, at least 15 days prior to consideration at a public hearing, notice of a proposed ordinance governing a telecommunications company placing or maintaining telecommunications facilities in its roads or rights -of -way. The notice required by this paragraph must be published by the Secretary of State on a designated Internet website. The failure of a municipality or county to provide such notice does not render the ordinance invalid, provided that enforcement of such ordinance must be suspended until 30 days after the municipality or county provides the required notice. (e) The authority of municipalities and counties to require franchise fees from providers of communications services, with respect to the provision of communications services, is specifically preempted by the state because of unique circumstances applicable to providers of communications services 7 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 when compared to other utilities occupying municipal or county roads or rights -of -way. Providers of communications services may provide similar services in a manner that requires the placement of facilities in municipal or county roads or rights -of -way or in a manner that does not require the placement of facilities in such roads or rights -of -way. Although similar communications services may be provided by different means, the state desires to treat providers of communications services in a nondiscriminatory manner and to have the taxes, franchise fees, and other fees, costs and financial or regulatory exactions paid by or imposed on providers of communications services be competitively neutral. Municipalities and counties retain all existing authority, if any, to collect franchise fees from users or occupants of municipal or county roads or rights -of -way other than providers of communications services, and the provisions of this subsection shall have no effect upon this authority. The provisions of this subsection do not restrict the authority, if any, of municipalities or counties or other governmental entities to receive reasonable rental fees based on fair market value for the use of public lands and buildings on property outside the public roads or rights -of -way for the placement of communications antennas and towers. (f) Except as expressly allowed or authorized by general law and except for the rights -of -way permit fees subject to paragraph (c), a municipality or county may not levy on a provider of communications services a tax, fee, or other charge or imposition for operating as a provider of communications services within the jurisdiction of the municipality or county which is in any way related to using its roads or rights -of -way. A municipality or county may not require or solicit in -kind compensation, except as otherwise provided in s. 202.24(2)(c)8., provided that the in -kind compensation is not a franchise fee under federal law. Nothing in this paragraph impairs the authority of a municipality or county to request public, educational, or governmental access channels pursuant to er s. 610.109. Nothing in this paragraph shall impair any ordinance or agreement in effect on May 22, 1998, or any voluntary agreement entered into subsequent to that date, which provides for or allows in -kind compensation by a telecommunications company. (g) A municipality or county may not use its authority over the placement of facilities in its roads and rights -of -way as a basis for asserting or exercising regulatory control over a provider of communications services regarding matters within the exclusive jurisdiction of the Florida Public Service Commission or the Federal Communications Commission, includ- ing, but not limited to, the operations, systems, equipment, technology, qualifications, services, service quality, service territory, and prices of a provider of communications services. A municipality or county may not require any permit for the maintenance, repair, replacement, extension, or upgrade of existing aerial wireline communications facilities on utility poles or for aerial wireline facilities between existing wireline communications facility attachments on utility poles by a communications services provider. However, a municipality or county may require a right-of-way permit for work that involves excavation, closure of a sidewalk, or closure of a vehicular 8 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 lane or parking lane, unless the provider is performing service restoration to existing facilities. A permit application required by an authority under this section for the placement of communications facilities must be processed and acted upon consistent with the timeframes provided in subparagraphs (7)(d) 7., 8., and 9. In addition, a municipality or county may not require any permit or other approval, fee, charge, or cost, or other exaction for the maintenance, repair, replacement, extension, or upgrade of existing aerial lines or underground communications facilities located on private property outside of the public rights -of -way. As used in this section, the term "extension of existing facilities" includes those extensions from the rights of way into a customer's private property for purposes of placing a service drop or those extensions from the rights of way into a utility easement to provide service to a discrete identifiable customer or group of customers. (h) A provider of communications services that has obtained permission to occupy the roads or rights -of -way of an incorporated municipality pursuant to s. 362.01 or that is otherwise lawfully occupying the roads or rights -of -way of a municipality or county shall not be required to obtain consent to continue such lawful occupation of those roads or rights -of -way; however, nothing in this paragraph shall be interpreted to limit the power of a municipality or county to adopt or enforce reasonable rules or regulations as provided in this section and consistent with chapters 202, 364, and 610. Any such rules or regulations must be in writing, and registered providers of communications services in the municipality or county must be given at least 60 days advance written notice of any changes to the rules and regulations. (i) Except as expressly provided in this section, this section does not modify the authority of municipalities and counties to levy the tax authorized in chapter 202 or the duties of providers of communications services under ss. 337.402-337.404. This section does not apply to building permits, pole attachments, or private roads, private easements, and private rights -of -way. (j) Pursuant to this paragraph, any county or municipality may by ordinancc changc cithcr its cicction madc on or bcforc July 16, 2001, undcr paragraph (c) or an cicction madc undcr this paragraph. 1.a. If a municipality or chartcr county changcs its cicction undcr this paragraph in ordcr to cxcrcisc its authority to rcquirc and collcct permit fcca in accordancc with this subsection, thc ratc of thc local communications ccrviccs tax imposed by such jurisdiction pursuant to s . 202.19 and 202.20- clan automatically bc rcduccd by thc sum of 0.12 perccnt plus the perccntagc, if any, by which such ratc was increased pursuant to sub subparagraph (c)1.b. b. If a municipality or chartcr county changcs its cicction undcr this paragraph in ordcr to discontinue rcquiring and collccting permit fccs, the ratc of thc local communications services tax imposed by such jurisdiction 9 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 pursuant to N ,. 202.19 and 202.20 may bc increased by ordinancc or resolution by an amount not to cxcccd 0.24 perccnt. 2.a. If a nonchartcr county changcs its cicction undcr this paragraph in ordcr to exercise its authority to rcquirc and collcct permit fccs in accordance with this subsection, thc ratc of thc local communications services tax imposed by such jurisdiction pursuant to N ,. 202.19 and 202.20 shall automatically bc rcduccd by thc perccntagc, if any, by which such rate was increased pursuant to sub subparagraph (c)2.b. b. If a nonchartcr county changcs its cicction undcr this paragraph in ordcr to discontinue rcquiring and collccting permit fccs, thc ratc of the local communications services tax imposed by such jurisdiction pursuant to 202.19 and 202.20 may bc increased by ordinancc or resolution by an amount not to cxcccd 0.24 perccnt. 3.a. Any changc of cicction pursuant to this paragraph and any tax rate changc resulting from such changc of cicction shall bc subject to thc notice requirements of s. 202.21; howcvcr, no such changc of cicction shall become cffcctivc prior to January 1, 2003. b. Any county or municipality changing its cicction undcr this paragraph in ordcr to exercise its authority to rcquirc and collcct permit fccs shall, in addition to complying with thc noticc rcquircmcnts undcr s. 202.21, provide to all dealers providing communications cervices in such jurisdiction writtcn noticc of such changc of cicction by Scptcmbcr 1 immcdiatcly prcccding the January 1 on which such changc of cicction bccomcs cffcctivc. For purposes of this sub subparagraph, dcalcrs providing communications services in such jurisdiction shall includc cvcry dcalcr rcporting tax to such jurisdiction pursuant to s. 202.37 on thc return rcquircd undcr s. 202.27 to bc filed on or bcforc thc 20th day of May immcdiatcly prcccding thc January 1 on which such changc of cicction bccomcs cffcctivc. Ek} Notwithstanding the provisions of s. 202.19, when a local commu- nications services tax rate is changed as a result of an election made or changed under this subsection, such rate may chall not be rounded to tenths. (6) (d) The amounts charged pursuant to this subsection shall be based on the linear miles of roads or rights -of -way where a communications facility is placed, not based on a summation of the lengths of individual cables, conduits, strands, or fibers. The amounts referenced in this subsection may be charged only once annually and only to one person annually for any communications facility. A municipality or county shall discontinue char- ging such amounts to a person that has ceased to be a pass -through provider. Any annual amounts charged shall be reduced for a prorated portion of any 12-month period during which the person remits taxes imposed by the municipality or county pursuant to chapter 202. Any excess amounts paid to a municipality or county shall be refunded to the person upon written notice 10 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 of the excess to the municipality or county. A municipality or county may require a pass -through provider to provide an annual notarized statement identifying the total number of linear miles of pass -through facilities in the municipality's or county's rights -of -way. Upon request from a municipality or county, a pass -through provider must provide reasonable access to maps of pass -through facilities located in the rights -of -way of the municipality or county making the request. The scope of the request must be limited to only those maps of pass -through facilities from which the calculation of the linear miles of pass -through facilities in the rights -of -way can be determined. The request must be accompanied by an affidavit that the person making the request is authorized by the municipality or county to review tax informa- tion related to the revenue and mileage calculations for pass -through providers. A request may not be made more than once annually to a pass - through provider. (e) This subsection does not alter any provision of this section or s. 202.24 relating to taxes, fees, or other charges or impositions by a municipality or county on a dealer of communications services or authorize that any charges be assessed on a dealer of communications services, except as specifically set forth herein. A municipality or county may not charge a pass -through provider any amounts other than the charges under this subsection as a condition to the placement or maintenance of a communications facility in the roads or rights -of -way of a municipality or county by a pass -through provider, except that a municipality or county may impose permit fees on a pass -through provider consistent with paragraph (3)(c) if thc municipality or county elects to exercise its authority to collcct permit fees undcr paragraph (3)(-e). (f) The charges under this subsection do not apply to communications facilities placed in a municipality's or county's rights -of -way prior to the effective date of this subsection with permission from the municipality or county, if any was required, except to the extent the facilities of a pass - through provider were subject to per linear foot or mile charges in effect as of October 1, 2001, in which case the municipality or county may only impose on a pass -through provider charges consistent with paragraph (b) or paragraph (c) for such facilities. Notwithstanding the foregoing, this subsection does not impair any written agreement between a pass -through provider and a municipality or county imposing per linear foot or mile charges for communications facilities placed in municipal or county roads or rights -of -way that is in effect prior to the effective date of this subsection. Upon the termination or expiration of any such written agreement, any charges imposed must chall be consistent with this section paragraph (b) or paragraph (c). Notwithstanding thc foregoing, until October 1, 2005, this subsection shall not affect a municipality or county continuing to impose chargcs in execs., of thc chargcs authorized in this subsection on facilities of a pas., through provider that is not a dealer of communications services in thc state undcr chapter 202, but only to thc extent such chargcs were imposed by municipal or county ordinancc or resolution adoptcd prior to 11 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 February 1, 2002. Effective October 1, 2005, any chargcs imposed shall be consistent with paragraph (b) or paragraph (c). (7) (b) As used in this subsection, the term: 1. "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services. 2. "Applicable codes" means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, and includes the National Electric Safety Code and the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual or local codes or ordinances adoptcd to implement this subsection. Thc tcrm includes objcctivc dcsign standards adoptcd by ordinancc that may rcquirc a new utility pole that replaces an cxisting utility pole to bc of substantially similar dcsign, material,and eler er that its concerning thc location of ground mountcd equipment. Thc tcrm includes objcctivc dcsign standards adoptcd by ordinancc that may rcquirc a small wircics., facility to mcct reasonable location context, color, stealth, and concealment requirements; however, such dcsign standards may bc waived by th„ uth r-ity ohewi g that thc dcsign standards arc not reasonably compatible for thc particular location of a small wireless facility or that thc dcsign standards impose an exces.,ive expense. Thc waiver shall bc granted or dcnicd within 45 days after thc date of thc request. 3. "Applicant" means a person who submits an application and is a wireless provider. 4. "Application" means a request submitted by an applicant to an authority for a permit to collocate small wireless facilities or to place a new utility pole used to support a small wireless facility. 5. "Authority" means a county or municipality having jurisdiction and control of the rights -of -way of any public road. The term does not include the Department of Transportation. Rights -of -way under the jurisdiction and control of the department are excluded from this subsection. 6. "Authority utility pole" means a utility pole owned by an authority in the right-of-way. The term does not include a utility pole owned by a municipal electric utility, a utility pole used to support municipally owned or operated electric distribution facilities, or a utility pole located in the right- of-way within: a. A retirement community that: 12 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 (I) Is deed restricted as housing for older persons as defined in s. 760.29(4)(b); (II) Has more than 5,000 residents; and (III) Has underground utilities for electric transmission or distribution. b. A municipality that: (I) Is located on a coastal barrier island as defined in s. 161.053(1)(b)3.; (II) Has a land area of less than 5 square miles; (III) Has less than 10,000 residents; and (IV) Has, before July 1, 2017, received referendum approval to issue debt to finance municipal -wide undergrounding of its utilities for electric transmission or distribution. 7. "Collocate" or "collocation" means to install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public rights -of -way. 8. "FCC" means the Federal Communications Commission. 9. "Micro wireless facility" means a small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches. 10. "Small wireless facility" means a wireless facility that meets the following qualifications: a. Each antenna associated with the facility is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than 6 cubic feet in volume; and b. All other wireless equipment associated with the facility is cumula- tively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demar- cation boxes, ground -based enclosures, grounding equipment, power trans- fer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures. 11. "Utility pole" means a pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached 13 CODING: Words ctrickcn are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 and does not include a pole or similar structure 15 feet in height or less unless an authority grants a waiver for such pole. 12. "Wireless facility" means equipment at a fixed location which enables wireless communications between user equipment and a commu- nications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include: a. The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated; b. Wireline backhaul facilities; or c. Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. 13. "Wireless infrastructure provider" means a person who has been certificated under chapter 364 to provide telecommunications service in the ctatc or under chapter 610 to provide cable or video services in this state, or that person's affiliate, and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider. 14. "Wireless provider" means a wireless infrastructure provider or a wireless services provider. 15. "Wireless services" means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. 16. "Wireless services provider" means a person who provides wireless services. 17. "Wireless support structure" means a freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole, pedestal, or other support structure for ground -based equipment not mounted on a utility pole and less than 5 feet in height. (c) Except as provided in this subsection, an authority may not prohibit, regulate, or charge for the collocation of small wireless facilities in the public rights -of -way or for the installation, maintenance, modification, operation, or replacement of utility poles used for the collocation of small wireless facilities in the public rights -of -way. 14 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 (d) An authority may require a registration process and permit fees in accordance with subsection (3). An authority shall accept applications for permits and shall process and issue permits subject to the following requirements: 1. An authority may not directly or indirectly require an applicant to perform services unrelated to the collocation for which approval is sought, such as in -kind contributions to the authority, including reserving fiber, conduit, or pole space for the authority. 2. An applicant may not be required to provide more information to obtain a permit than is necessary to demonstrate the applicant's compliance with applicable codes for the placement of small wireless facilities in the locations identified in the application. An applicant may not be required to provide inventories, maps, or locations of communications facilities in the right-of-way other than as necessary to avoid interference with other at - grade or aerial facilities located at the specific location proposed for a small wireless facility or within 50 feet of such location. 3. An authority may not; a. Require the placement of small wireless facilities on any specific utility pole or category of poles; er b. Require the placement of multiple antenna systems on a single utility pole; c. Require a demonstration that collocation of a small wireless facility on an existing structure is not legally or technically possible as a condition for granting a permit for the collocation of a small wireless facility on a new utility pole except as provided in paragraph (i); d. Require compliance with an authority's provisions regarding place- ment of small wireless facilities or a new utility pole used to support a small wireless facility in rights -of -way under the control of the department unless the authority has received a delegation from the department for the location of the small wireless facility or utility pole, or require such compliance as a condition to receive a permit that is ancillary to the permit for collocation of a small wireless facility, including an electrical permit; e. Require a meeting before filing an application; f. Require direct or indirect public notification or a public meeting for the placement of communication facilities in the right-of-way; g. Limit the size or configuration of a small wireless facility or any of its components, if the small wireless facility complies with the size limits in this subsection; 15 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 h. Prohibit the installation of a new utility pole used to support the collocation of a small wireless facility if the installation otherwise meets the requirements of this subsection; or i. Require that any component of a small wireless facility be placed underground except as provided in paragraph (i). 4. Subject to paragraph (r), an authority may not limit the placement, by minimum separation distances, of small wireless facilities, utility poles on which small wireless facilities are or will be collocated, or other at -grade communications facilities by minimum separation distances. However, within 14 days after the date of filing the application, an authority may request that the proposed location of a small wireless facility be moved to another location in the right-of-way and placed on an alternative authority utility pole or support structure or placed on may place a new utility pole. The authority and the applicant may negotiate the alternative location, including any objective design standards and reasonable spacing require- ments for ground -based equipment, for 30 days after the date of the request. At the conclusion of the negotiation period, if the alternative location is accepted by the applicant, the applicant must notify the authority of such acceptance and the application shall be deemed granted for any new location for which there is agreement and all other locations in the application. If an agreement is not reached, the applicant must notify the authority of such nonagreement and the authority must grant or deny the original application within 90 days after the date the application was filed. A request for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail. 5. An authority shall limit the height of a small wireless facility to 10 feet above the utility pole or structure upon which the small wireless facility is to be collocated. Unless waived by an authority, the height for a new utility pole is limited to the tallest existing utility pole as of July 1, 2017, located in the same right-of-way, other than a utility pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the small wireless facility. If there is no utility pole within 500 feet, the authority shall limit the height of the utility pole to 50 feet. 6. Except as provided in subparagraphs 4. and 5., The installation by a communications services provider of a utility pole in the public rights -of - way, other than a utility pole used designed to support a small wireless facility., is shall be subject to authority rules or regulations governing the placement of utility poles in the public rights -of -way and shall be subject to the application review timcframcs in this subsection. 7. Within 14 days after receiving an application, an authority must determine and notify the applicant by electronic mail as to whether the application is complete. If an application is deemed incomplete, the authority must specifically identify the missing information. An application 16 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 is deemed complete if the authority fails to provide notification to the applicant within 14 days. 8. An application must be processed on a nondiscriminatory basis. A complete application is deemed approved if an authority fails to approve or deny the application within 60 days after receipt of the application. If an authority does not use the 30-day negotiation period provided in subpara- graph 4., the parties may mutually agree to extend the 60-day application review period. The authority shall grant or deny the application at the end of the extended period. A permit issued pursuant to an approved application shall remain effective for 1 year unless extended by the authority. 9. An authority must notify the applicant of approval or denial by electronic mail. An authority shall approve a complete application unless it does not meet the authority's applicable codes. If the application is denied, the authority must specify in writing the basis for denial, including the specific code provisions on which the denial was based, and send the documentation to the applicant by electronic mail on the day the authority denies the application. The applicant may cure the deficiencies identified by the authority and resubmit the application within 30 days after notice of the denial is sent to the applicant. The authority shall approve or deny the revised application within 30 days after receipt or the application is deemed approved. The review of a revised application is Any subscqucnt rcvicw shall he limited to the deficiencies cited in the denial. If an authority provides for administrative review of the denial of an application, the review must be complete and a written decision issued within 45 days after a written request for review is made. A denial must identify the specific code provisions on which the denial is based. If the administrative review is not complete within 45 days, the authority waives any claim regarding failure to exhaust administrative remedies in any judicial review of the denial of an application. 10. An applicant seeking to collocate small wireless facilities within the jurisdiction of a single authority may, at the applicant's discretion, file a consolidated application and receive a single permit for the collocation of up to 30 small wireless facilities. If the application includes multiple small wireless facilities, an authority may separately address small wireless facility collocations for which incomplete information has been received or which are denied. 11. An authority may deny an application to collocate a proposcd collocation of a small wireless facility or place a utility pole used to support a small wireless facility in the public rights -of -way if the proposed small wireless facility or utility pole used to support a small wireless facility collocation: a. Materially interferes with the safe operation of traffic control equipment. 17 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 b. Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes. c. Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement. d. Materially fails to comply with the 2017 2010 edition of the Florida Department of Transportation Utility Accommodation Manual. e. Fails to comply with applicable codes. f. Fails to comply with objective design standards authorized under paragraph (r). 12. An authority may adopt by ordinance provisions for insurance coverage, indemnification, performancc bonds, sccurity funds, force ma- jeure, abandonment, authority liability, or authority warranties. Such provisions must be reasonable and nondiscriminatory. An authority may require a construction bond to secure restoration of the postconstruction rights -of -way to the preconstruction condition. However, such bond must be time -limited to not more than 18 months after the construction to which the bond applies is completed. For any financial obligation required by an authority allowed under this section, the authority shall accept a letter of credit or similar financial instrument issued by any financial institution that is authorized to do business within the United States, provided that a claim against the financial instrument may be made by electronic means, including by facsimile. A provider of communications services may add an authority to any existing bond, insurance policy, or other relevant financial instrument, and the authority must accept such proof of coverage without any conditions other than consent to venue for purposes of any litigation to which the authority is a party. An authority may not require a communica- tions services provider to indemnify it for liabilities not caused by the provider, including liabilities arising from the authority's negligence, gross negligence, or willful conduct. 13. Collocation of a small wireless facility on an authority utility pole does not provide the basis for the imposition of an ad valorem tax on the authority utility pole. 14. An authority may reserve space on authority utility poles for future public safety uses. However, a reservation of space may not preclude collocation of a small wireless facility. If replacement of the authority utility pole is necessary to accommodate the collocation of the small wireless facility and the future public safety use, the pole replacement is subject to make- ready provisions and the replaced pole shall accommodate the future public safety use. 18 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 15. A structure granted a permit and installed pursuant to this subsection shall comply with chapter 333 and federal regulations pertaining to airport airspace protections. (e) An authority may not require any permit or other approval or require fees, or other charges, costs or other exactions for: 1. Routine maintenance, the performance of service restoration work on existing facilities, or repair work, including, but not limited to, emergency repairs of existing facilities or extensions of such facilities for providing communications services to customers; 2. Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size; or 3. Installation, placement, maintenance, or replacement of micro wire- less facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes by or for a communications services provider authorized to occupy the rights -of -way and who is remitting taxes under chapter 202. An authority may require an initial letter from or on behalf of such provider, which is effective upon filing, attesting that the micro wireless facility dimensions comply with the limits of this subsection. The authority may not require any additional filing or other information as long as the provider is deploying the same, a substantially similar, or a smaller size micro wireless facility equipment. Notwithstanding this paragraph, an authority may require a right-of-way permit for work that involves excavation, closure of a sidewalk, or closure of a vehicular lane or parking lane, unless the provider is performing service restoration on an existing facility and the work is done in compliance with the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual. An authority may require notice of such work within 30 days after restoration and may require an after -the -fact permit for work which would otherwise have required a permit. (f) Collocation of small wireless facilities on authority utility poles is subject to the following requirements: 1. An authority may not enter into an exclusive arrangement with any person for the right to attach equipment to authority utility poles. 2. The rates and fees for collocations on authority utility poles must be nondiscriminatory, regardless of the services provided by the collocating person. 3. The rate to collocate small wireless facilities on an authority utility pole may not exceed $150 per pole annually. 4. Agreements between authorities and wireless providers that are in effect on July 1, 2017, and that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless 19 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 facilities on authority utility poles, remain in effect, subject to applicable termination provisions. The wireless provider may accept the rates, fees, and terms established under this subsection for small wireless facilities and utility poles that are the subject of an application submitted after the rates, fees, and terms become effective. 5. A person owning or controlling an authority utility pole shall offer rates, fees, and other terms that comply with this subsection. By the later of January 1, 2018, or 3 months after receiving a request to collocate its first small wireless facility on a utility pole owned or controlled by an authority, the person owning or controlling the authority utility pole shall make available, through ordinance or otherwise, rates, fees, and terms for the collocation of small wireless facilities on the authority utility pole which comply with this subsection. a. The rates, fees, and terms must be nondiscriminatory and competi- tively neutral and must comply with this subsection. b. For an authority utility pole that supports an aerial facility used to provide communications services or electric service, the parties shall comply with the process for make-ready work under 47 U.S.C. s. 224 and implementing regulations. The good faith estimate of the person owning or controlling the pole for any make-ready work necessary to enable the pole to support the requested collocation must include pole replacement if necessary. c. For an authority utility pole that does not support an aerial facility used to provide communications services or electric service, the authority shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation, including necessary pole replacement, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, must be completed within 60 days after written acceptance of the good faith estimate by the applicant. Alternatively, an authority may require the applicant seeking to collocate a small wireless facility to provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, including pole replacement, and perform the make-ready work. If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a utility pole that is substantially similar in color and composition. The authority may not condition or restrict the manner in which the applicant obtains, develops, or provides the estimate or conducts the make-ready work subject to usual construction restoration standards for work in the right-of-way. The replaced or altered utility pole shall remain the property of the authority. d. An authority may not require more make-ready work than is required to meet applicable codes or industry standards. Fees for make-ready work may not include costs related to preexisting damage or prior noncompliance. Fees for make-ready work, including any pole replacement, may not exceed actual costs or the amount charged to communications services providers 20 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 other than wireless services providers for similar work and may not include any consultant fee or expense. (g) For any applications filed before the effective date of ordinances implementing this subsection, an authority may apply current ordinances relating to placement of communications facilities in the right-of-way related to registration, permitting, insurance coverage, indemnification, performance bonds, security funds, force majeure, abandonment, authority liability, or authority warranties. Permit application requirements and small wireless facility placement requirements, including utility pole height limits, that conflict with this subsection must shall be waived by the authority. An authority may not institute, either expressly or de facto, a moratorium, zoning -in -progress, or other mechanism that would prohibit or delay the filing, receiving, or processing of registrations, applications, or issuing of permits or other approvals for the collocation of small wireless facilities or the installation, modification, or replacement of utility poles used to support the collocation of small wireless facilities. (i)1. In an area where an authority has required all public utility lines in the rights -of -way to be placed underground, a wireless provider must comply with written, objective, reasonable, and nondiscriminatory requirements that prohibit new utility poles used to support small wireless facilities if: a. The authority, at least 90 days prior to the submission of an application, has required all public utility lines to be placed underground; b. Structures that the authority allows to remain above ground are reasonably available to wireless providers for the collocation of small wireless facilities and may be replaced by a wireless provider to accom- modate the collocation of small wireless facilities; and c. A wireless provider may install a new utility pole in the designated area in the right-of-way that otherwise complies with this subsection and it is not reasonably able to provide wireless service by collocating on a remaining utility pole or other structure in the right-of-way. 2. For small wireless facilities installed before an authority adopts requirements that public utility lines be placed underground, an authority adopting such requirements must: a. Allow a wireless provider to maintain the small wireless facilities in place subject to any applicable pole attachment agreement with the pole owner• or b. Allow the wireless provider to replace the associated pole within 50 feet of the prior location in accordance with paragraph (r). A wircicc., provider shall, in relation to a small wircles., facility, utility pole, or wircles , cupport structure in thc public rights of way, comply with nondiscrimina tory undcrgrounding rcquircmcnts of an authority that prohibit above 21 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 ground structures in public rights of way. Any such rcquircmcnts may be waived by thc authority. (r) An authority may require wireless providers to comply with objective design standards adopted by ordinance. The ordinance may only require: 1. A new utility pole that replaces an existing utility pole to be of substantially similar design, material, and color; 2. Reasonable spacing requirements concerning the location of a ground - mounted component of a small wireless facility which does not exceed 15 feet from the associated support structure; or 3. A small wireless facility to meet reasonable location context, color, camouflage, and concealment requirements, subject to the limitations in this subsection; and 4. A new utility pole used to support a small wireless facility to meet reasonable location context, color, and material of the predominant utility pole type at the proposed location of the new utility pole. Such design standards under this paragraph may be waived by the authority upon a showing that the design standards are not reasonably compatible for the particular location of a small wireless facility or utility pole or are technically infeasible or that the design standards impose an excessive expense. The waiver must be granted or denied within 45 days after the date of the request. (8)(a) Any person aggrieved by a violation of this section may bring a civil action in a United States District Court or in any other court of competent jurisdiction. (b) The court may: 1. Grant temporary or permanent injunctions on terms as it may deem reasonable to prevent or restrain violations of this section; and 2. Direct the recovery of full costs, including awarding reasonable attorney fees, to the party who prevails. (9) All work in the authority's rights -of -way under this section must comply with the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual. Section 3. Nothing in this act shall be construed to delay the issuance of permits for other utility work, including, but not limited to, permits related to electricity or gas work in the rights -of -way. Section 4. This act shall take effect July 1, 2019. Approved by the Governor June 25, 2019. 22 CODING: Words stricken are deletions; words underlined are additions. Ch. 2019-131 LAWS OF FLORIDA Ch. 2019-131 Filed in Office Secretary of State June 25, 2019. 23 CODING: Words ctriclkcn are deletions; words underlined are additions. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 8 Subject: Discussion Item to consider directing the City Attorney to draft an ordinance that would require a unanimous vote by the Council to take action on amending, terminating or renewing a contract or employment agreement with the City Manager when the item to take Action was not consistent with Sec. 2-60 of the City Ordinances. Department: City Council Summary: The citizens of Cape Canaveral have expressed disappointment in the aftermath of the Council's rushed decision to sign the Separation Agreement at the September 17, 2019 Regular City Council Meeting between the former City Manager, David Greene and the City of Cape Canaveral. Due to the significant role the City Manager provides in our Council Manager form of government as expressed in the City Charter Preamble below and shown in the Organizational Chart. Preamble We the people of the City of Cape Canaveral, under the constitution and laws of the State of Florida, in order to secure the benefits of local self-government and to provide for an honest and accountable council-manager government, do hereby adopt this Charter and confer upon the city the following powers, subject to the following restrictions, and prescribed by the following procedures and governmental structure. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation. The process to prepare and publicly notice the agenda is defined in Section 2-60(c) and (d) of the City Ordinances as seen below. Sec. 2-60. - Preparation and notice of agenda. (a) There shall be an official agenda of every meeting of the council which shall determine the order of business conducted at the meeting. (b) All items to be placed on the agenda must be initiated by a member of the city council, the city attorney, city clerk, city manager, or department director. (c) All items to be placed on the agenda must be filed with the city clerk the Wednesday two weeks prior to the council meeting. Agenda packets shall be distributed to council members the Tuesday one week prior to the council meeting. (d) Public notice of the agenda for all meetings shall be served by posting the agenda in a conspicuous place at city hall and on the city website the Tuesday one week preceding the meeting. I understand that timely action may need to be taken on certain matters by the City Council which is provided in Section 2-66 of the Ordinances. City Council Meeting Date: 11/19/2019 Item No. 8 Page 2 of 2 Section 2-66. - Consideration of matters before council (a) The city council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the councilmembers present have first consented to the presentation of the matter for consideration and action. However, I believe that we need to limit those matters to not include taking action on amending, terminating or renewing a contract or employment agreement with the City Manager when the item to take Action was not consistent with Sec. 2-60 of the City Ordinances as defined above. Due diligence and preparation need to be performed at the highest level when it relates to the City Manager and the Ordinances defined in Section 2-28 says that "I will devote adequate time for preparation prior to city council meetings and as much as possible." Submitting Council Member: Wes Morrison Date: 10/02/19 Attachment(s): DRAFT [City Seal] OATH OF OFFICE I, Mike Brown do solemnly swear that I will support, protect and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida; and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Mia Goforth, CMC CITY CLERK Mike Brown Oath administered by: Anthony A. Garganese CITY ATTORNEY on this l9th day of November 2019 DRAFT [City Seal] OATH OF OFFICE I, Maria "Mickie" Kellum do solemnly swear that I will support, protect and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida; and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Mia Goforth, CMC CITY CLERK Maria "Mickie" Kellum Oath administered by: Anthony A. Garganese CITY ATTORNEY on this l9th day of November 2019 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation in Support of the Brevard Zoo's Aquarium Project. Department: City Council Summary: Founded upon a genesis of Community involvement, more than 16,000 Brevard residents from various industries, including aerospace and the military, designed and built the Brevard Zoo. Opening its doors in 1994, the Brevard Zoo now serves more than 450,000 visitors each year. Consistently rated in top -ten lists of zoos across the nation, the Brevard Zoo is recognized as a hub for sciences, education and conservation in our region. Per the Brevard Zoo, nearly 80% of Brevard County residents support an aquarium near Port Canaveral as part of a conservation campus that supports marine restoration, education and recreation. In line with this support, the Brevard Zoo is in the process of planning and funding the development of a world -class aquarium in Port Canaveral that will serve as a center for Indian River Lagoon restoration. The City has prepared a Presentation (Attached) that supports the Brevard Zoo's Aquarium Project, endorsing the goals of environmental preservation and economic vitality and encouraging City residents to support the Project through taking the time to visit and become educated on the importance of environmental restoration and preservation. Present tonight to accept the Proclamation are Keith Winsten, Brevard Zoo Executive Director and other representatives from the Brevard Zoo. 0//7-r. Submitting Council Member: Angela Raymond Date: 11/12/19 Attachment: Proclamation Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/12/19 The Interim City Manager recommends City Council take the following action: Present this Proclamation to representatives from the Brevard Zoo Aquarium Task Force. Approved by Interim City Manager: Todd Morley Date: 11/11/19 [City Seal] Official Proclamation City Of Cape Canaveral, Florida WHEREAS, Community involvement was the genesis of the Brevard Zoo and continues to be its heart more than twenty-five years later; and WHEREAS, more than 16,000 Brevard residents from various industries, including aerospace and the military, designed and built the Brevard Zoo; and WHEREAS, the Brevard Zoo opened its doors in 1994 and today serves more than 450,000 visitors each year with a vital and necessary mission of Wildlife Conservation through education and participation; and WHEREAS, the Brevard Zoo has consistently been rated in top -ten lists of zoos across the nation and is recognized as a hub for sciences, education and conservation in our region; and WHEREAS, the Brevard Zoo is in the process of planning and funding the development of a world -class Aquarium in Port Canaveral that will serve as a center for Indian River Lagoon restoration; and WHEREAS, nearly 80% of Brevard County residents support an aquarium near Port Canaveral as part of a conservation campus that supports marine restoration, education and recreation; and WHEREAS, the City of Cape Canaveral endorses the goals of environmental preservation and economic vitality through its unwavering support of the Brevard Zoo's Aquarium Project; and WHEREAS, the City of Cape Canaveral encourages all residents of the City to support the Brevard Zoo's Aquarium Project and take the time to visit and become educated on the importance of environmental restoration and preservation. NOW, THEREFORE, I, Robert E. Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim SUPPORT OF THE BREVARD ZOO'S EFFORTS TO BRING A WORLD-CLASS AQUARIUM TO BREVARD COUNTY. Signed and Sealed this [blank] Day of [blank] [blank] Mayor City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 PRESENTATIONS/INTERVIEWS Subject: Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2018. Department: Legislative Summary: The Government Finance Officers Association (GFOA) has recognized the Financial Services Depailuient for excellence in Financial Reporting by awarding "The Certificate of Achievement for Excellence in Financial Reporting" for its Comprehensive Annual Financial Report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR was judged by an impartial panel to meet the highest standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals. This is the 24th consecutive year that the City of Cape Canaveral's Financial Services Department has received this prestigious award for excellence in financial reporting. The award exemplifies the dedication, knowledge and professionalism of the Financial Services Department Staff. Submitting Council Member: Mayor Bob Hoog Date: 11/12/19 Attachment: GFOA News Release Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/12/19 The Interim City Manager recommends City Council take the following action: Recognize the Financial Services Department with The Certificate of Achievement for Excellence in Financial Reporting. Approved by Interim City Manager: Todd Morley Date: 11/11/19 GOVERNMENT FINANCE OFFICERS ASSOCIATION NEWS RELEASE FOR IMMEDIATE RELEASE 10/24/2019 For more information contact: Michele Mark Levine, Director/TSC Phone: (312) 977-9700 Fax: (312) 977-4806 E-mail: mlevine@gfoa.org (Chicago, Illinois) --The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Cape Canaveral by Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s) or department designated by the government as primarily responsible for preparing the award -winning CAFR. The CAFR has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. Government Finance Officers Association (GFOA) advances excellence in government finance by providing best practices, professional development, resources and practical research for more than 20,500 members and the communities they serve. 203 NORTH LASALLE STREET, SUITE 2700, CHICAGO, ILLINOIS 60601-1210 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 9 Subject: Resolution No. 2019-24; reappointing Members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and a retroactive effective date. (John Price and Lamar Russell) Department: Legislative Summary: Sec. 2-171 (f) of City Code states that "All board and committee member shall be appointed to serve a three-year term and may be reappointed by the city council for one additional three-year term. There shall be no limit on the total number of terms a board or committee member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment." (emphasis added) Sec. 110-3 of City Code states that the P&Z Board (Board) shall consist of seven (7) members. On September 15, 2019, two members of the Board (John Price and Lamar Russell) terms expired. That left three (3) acting members as the Board previously had five (5) members because of the recent resignation of Pennie Zuercher and one unfilled seat. Note that a number of significant policy matters will be considered by the Board in the upcoming months and the experience embodied in Messrs. Price and Russell will be invaluable to the formulation of recommendations forwarded to the Council. Both have indicated a willingness to serve an additional three (3) year term. For this reason, Resolution No. 2019-24 (Attached) has been prepared to reappoint John Price and Lamar Russell to the Board effective September 15, 2019 as provided in Sec. 2-171(f) of City Code. Submitting Department Director: David Dickey Date: 11/12/19 Attachment: Resolution No. 2019-24 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/12/19 The Interim City Manager recommends City Council take the following action: Adopt Resolution No. 2019-24. Date: Approved by Interim City Manager: Todd Morley 11/12/19 RESOLUTION NO. 2019-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND A RETROACTIVE EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §2-256 established a Board known as the Planning and Zoning Board; and WHEREAS, the Planning and Zoning Board makes policy recommendations to the City Council on land use issues that can have a far-reaching effect and impact on City residents; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §2-171(f) established all board members to serve a three-year term and may be reappointed by the City Council for one additional three-year term; and there shall be no limit on the total number of terms a board member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment; and WHEREAS, the City Council finds that the Planning & Zoning Board currently has a busy workload reviewing important pending planning related matters, the chairperson recently relocated and resigned, and no other new qualified applicants are currently available to be appointed to the board; and WHEREAS, because the Planning & Zoning Board must continue to effectively function and timely handle planning related matters, the City Council hereby deems it necessary to waive the two consecutive term limitation for purposes of reappointing Lamar Russel and John Price to the Planning & Zoning Board for an additional three year term; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint members of the Planning and Zoning Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment. Pursuant to City Code §2-171(f), the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Board indicated below: John Price and Lamar Russell shall be reappointed to the Planning and Zoning Board, to serve until November 15, 2022. City of Cape Canaveral Resolution No. 2019-24 Page 1 of 2 Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become retroactively effective September 15, 2019 upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of November, 2019. ATTEST: Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond City of Cape Canaveral Resolution No. 2019-24 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 10 Subject: Approve RZK Task Order and Amended Construction Budget for Multi -Generational Facility and CAPE Center solar initiatives and authorize Interim City Manager to execute same. Department: Capital Projects Summary: In its pursuit to become a thriving and resilient 21st century coastal municipality, the City of Cape Canaveral (City) strives to embrace new and relevant technologies that can meet the challenges of today while preparing for tomorrow. This effort, as well as many others related to sustainability, have been part of the City's Annual Strategic Retreat initiatives and are clearly displayed within the City's Vision Statement. Transitioning City facilities to operate on clean and renewable forms of energy is one of the recommendations set forth by the City's recent Vulnerability Assessment Report. As a result, it would be highly advantageous if the future Multi -Generational Facility (MGF) and Cultural Arts Preservation and Enrichment (CAPE) Center become the first City facilities to incorporate solar arrays, and where feasible, battery storage backup systems (Attachment 1). Since both projects are to be publicly bid in the coming weeks, now is the time to make any design modifications. Solar power is a form of renewable energy that would allow the City to pave the way to a cleaner, more sustainable energy future. Solar energy is cleaner and more resilient in its capabilities, as it uses photovoltaics (sunlight) to create electricity. Numerous private and public entities are incorporating solar power into their bottom -line operations in order to receive the benefits of lower energy costs, decreased emissions (environmental footprint) and increased resiliency through off -grid potential. According to the U.S. Department of Labor, the fastest growing occupation in the U.S. is solar panel installer, with a projected growth rate of 105% from 2016- 2026. Additionally, in 2018, the Solar Energy Industries Association reported that the solar industry generated $17 billion in investment in the American economy, and has contributed over 2 million solar system installations in the U.S. alone. The U.S. military is installing solar arrays at many of its bases and facilities in an attempt to maintain independent power sources in the event of a natural disaster or attack, with a doubling of renewable energy between 2011 and 2015 equating to 286,000 average homes per year worth of electricity. The Department of Defense has a goal to consume 3,000 megawatts of renewable energy by 2025. Solar is currently the fastest growing energy source worldwide. According to the Solar Energy Industries Association, as of Q2 2019, Florida ranked 5th among all fifty states for installed solar capacity, representing 3,337 megawatts of electricity (enough to power over 400,000 homes annually) and supporting 560 solar companies within the state with an overall workforce of over 10,000. Florida's major energy providers will increase this number with continued deployment of solar systems, with Florida Power and Light (FPL) - Florida's largest private utility - striving to install 30 million solar panels across the state by 2030. The City has already participated in a number of solar initiatives including: early participation in FPL's SolarTogether program (January 2019); the procurement of the City's first mobile solar generator for emergency operations; and the implementation of solar street lighting infrastructure. On average, the City receives 240 sunny days per year, placing it above the U.S. average of 205 days per year, thus making it an ideal candidate to utilize solar energy. City Council Meeting Date: 11/19/2019 Item No. 10 Page 2 of 4 Multi -Generational Facility (MGF) A solar system design and financial analysis has been provided by esaSolar for the MGF (Attachment 2). After consulting with the building's architects (Architects RZK, Inc.), it was determined that a rooftop modification would support a solar array comprised of 160 panels (360 watts each) and be capable of generating 50 kilowatts of usable electricity at peak per day with an estimated annual energy output of 85,015 kilowatt hours. For reference, the average American residential utility customer uses 10,399 kilowatt hours per year according to the U.S. Energy Information Administration. The array would have a minimum 25-year life span and would be rated — through wind tunnel testing — for wind speeds of 160 mph, or a Category 5 hurricane. This is in part because of the system's ballasted Helix dual tilt design, which arranges the array panels in an undulating east -west pattern (taking maximum advantage of the full day sun) with an extremely low wind profile (11.3 inches) above the roof's surface (Attachment 3). Due to this east -west orientation, the amount of electricity generated per square foot increases by 25%. This design lowers installation costs and only requires five roof penetrations as opposed to a more traditional system that would require hundreds of penetrations. A ballasted solar system utilizes concrete blocks that are placed throughout the array's holding racks to secure it to the ground or a roof in order to prevent wind lift or other movement, having to make little or no penetrations. The proposed system would allow for upgrades at any time and include a battery storage system which would allow the building to operate completely off grid (during power outages) through what is called "islanding". This would reduce the demands for emergency power and replace the traditional diesel generator and thereby increase overall resilience. A traditional diesel generator for the MGF, which is not currently included in the design plans, would cost an estimated $95,000, not including refueling costs. A battery storage system with a similar load capacity is estimated to cost $70,000 and would never require refueling; it would be recharged during the day by the building's solar panels. Once installed, energy production data would be displayed in the lobby of the building via a monitor for public viewing and education about the system. The RZK proposal costs (Attachment 4) for modifying the MGF to be "Solar Ready" are $7,940. Total solar system costs are estimated to be $117,220 - with a total return on investment of $242,525 by the end of the system's 25-year lifespan - including a 13-year payback period. Should the solar array produce more power than the building uses, it would be sent to the grid for additional financial savings, thereby offsetting energy costs for other City facilities. Annual maintenance costs for the system would be very minimal, if any, since there are no moving parts and equipment is modular in nature, making repair and replacement operations swift and efficient. High rainfall amounts in Florida also make washing the solar panels an unnecessary activity. Total estimated carbon dioxide (CO2) emissions that would be eliminated through the array's use are 2,044,268 pounds after 25 years or the equivalent of planting 24,120 trees according to the U.S. Environmental Protection Agency's (EPA) greenhouse gas equivalency calculator (Attachment 5). In excess, CO2 can be an environmentally damaging air pollutant that can cause distress to human health and natural ecosystems according to numerous accredited scientific agencies. This represents an estimated externality cost savings - the cost to human health and the environment associated with every ton of CO2 emitted into the atmosphere - of $204,400 over the array's 25-year lifespan. City Council Meeting Date: 11/19/2019 Item No. 10 Page 3 of 4 Presently, the City obtains its electricity from an FPL-operated natural gas -fired power plant just south of the NASA Causeway located adjacent to the Indian River Lagoon. This facility, which powers 250,000 local homes and businesses, began commercial operation in April 2013 and is intended to have a multi -decade lifespan, meaning the City is not in a position for some time to directly benefit from acquiring its power from utility scale solar arrays also being built by FPL as part of their solar power expansion. Natural gas is acquired predominantly through domestic drilling, and can be environmentally intensive due to the release of methane (CH4) and CO2, prolific water use and groundwater pollution. As a result, the City's electrical generation is subject to an external polluting source, which does not fall in line with sustainability and resiliency goals of self-reliance and clean operations that have as little environmental impact as possible. CAPE Center: A solar array for the CAPE Center has also been designed and scoped in conjunction with esaSolar (Attachment 6). The CAPE Center solar array system would also utilize the same undulating east -west ballasted design as the MGF and would require zero roof penetration points. After consulting with the building's architects, it was determined that with rooftop modifications, the building would support a solar array comprised of 56 solar panels with a peak output of 33 kilowatts of usable electricity and an estimated annual energy production of 38,129 kilowatt hours. It would also be built to withstand wind speeds of 160 mph, or a Category 5 hurricane. The RZK cost proposal (Attachment 7) for modifying the CAPE Center to be "Solar Ready" is $11,040. The solar system's cost is $53,850 with an estimated 25-year return of $108,773 in energy savings with a 13-year payback period. The system would provide the CAPE Center with complete or nearly complete grid independence during peak solar production hours, allowing electricity to be sent to the grid for additional financial savings, while offsetting energy cost for other City facilities. Annual maintenance costs for the system, as with the MGF's, would be minimal, if any, as the systems are similar. Again, due to high rainfall amounts in Florida, cleaning of the solar panels would be unnecessary. Total estimated CO2 emissions saved would be 916,859 pounds after 25-years of use or the equivalent of planting 10,818 trees according to the EPA's greenhouse gas equivalency calculator (Attachment 8). This represents an estimated CO2 externality cost savings of $91,600. Energy production data would be displayed in the lobby of the building as with the MGF via a monitor for public viewing and education about the system. Solar panel materials and any potential future batteries used for an energy storage system would also be recyclable after their lifespan, further reducing the City's environmental footprint. A complimentary system inspection would be provided at the end of the first year of operation. During that inspection, esaSolar would provide hands-on training and a handbook to City Staff on how to perform maintenance of the system. esaSolar would also provide a full package of structural and electrical engineering schematics, along with warranty information. SunPower's EnergyLink Monitoring System would provide alerts to the City and esaSolar should there be any issues related to electricity production. esaSolar would provide free technical support for up to two years. Afterwards, technical support services would be provided at $100/hour. The City has an opportunity to lead by example and further cement sustainability goals as a Future -Ready Community for the benefit of residents both today and tomorrow. Due to changing national and international economic factors, design, construction and material costs will only City Council Meeting Date: 11/19/2019 Item No. 10 Page 4 of 4 rise if there is a delay in modifications. Therefore, Staff recommends Council approve the solar initiative RZK Task Order and Amended Construction Budget for the MGF and CAPE Center designs in order to approve each of the two proposed solar arrays. Implementation of the solar arrays would be instituted through a piggyback agreement with esaSolar on their Satellite Beach solar project, which included the installation of the same array design at their City Hall and Civic Center in the summer of 2018 (Attachment 9). Submitting Department Director: Jeff Ratliff Date: 11/12/19 Attachments: • Attachment 1 — Multi -Generational Facility/CAPE Center Solar System Summary • Attachment 2 — Multi -Generational Facility (Conceptual) Solar Design • Attachment 3 — Helix Roof Mounting System Datasheet • Attachment 4 — Multi -Generational Facility RZK Modification Proposal Costs • Attachment 5 — Estimated Multi -Generational Facility CO2 Savings • Attachment 6 — CAPE Center (Conceptual) Solar Design • Attachment 7 — CAPE Center RZK Modification Proposal Costs • Attachment 8 — Estimated CAPE Center CO2 Savings • Attachment 9 — Picture of City of Satellite Beach 83 Kilowatt Ballasted Roof Mounting System Financial Impact: $190,050 for Amended Construction Budget for Multi -Generational Facility and CAPE Center solar initiatives funded by the Community Redevelopment Agency. With these initiatives, the City will realize an energy savings of more than an estimated $350,000 for both projects after the ensuing 25-year period. Staff time/effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/12/19 The Interim City Manager recommends City Council take the following action: Approve RZK Task Order and Amended Construction Budget for Multi -Generational Facility and CAPE Center solar initiatives and authorize Interim City Manager to execute same. Approved by Interim City Manager: Todd Morley Date: 11/12/19 Attachment 1 [Photo of roof-mounted solar panels] City of Cape Canaveral Sun, Space & Sea Solar at the Multi -Generational Facility (MGF) and Cultural, Arts, Preservation and Enrichment (CAPE) Center November 3rd 2019 SUNPOWER® | by esaSolar Outline of Presentation SUNPOWER® | by esaSolar i. Technical and Financial Metrics ii. Product Information iii. Pre -Construction Layouts (including Solar -Ready Additions by TLC Engineering) iv. System Information v. Warranty Information vi. Operation and Maintenance vii. Recyclability viii. Storage -Ready Approach for Future Addition SUNPOWER® | by esaSolar Technical and Financial Metrics SUNPOWER® | by esaSolar Technical Metrics CAPE Center MGF Project Size (kW DC) 24.36 52.8 Number of Solar Panels 56 160 Est. Annual Electricity Generation (kWh) 38,129.7 85,015.6 Est. 25-Year Electricity Generation (kWh) 925,186 2,062,834 Est. 25-Year CO2 Offset (lbs.) * 916,859 2,044,268 Financial Metrics Cape Center MGF Upfront Project Cost ($) $53,850 $121,440 Est. 25-Year Electricity Savings ($) ** $108,773 $242,525 Payback Period (Years) 13.7 13.8 Est. 25-Year Return on Investment (%) 102% 100% "Assumes$0.092/kWh with 2% annual escalator ** Based on U.S. Energy Information Administration's Florida Electricity Profile, 20llata (Note:Static modeling, does not account for generation mix changes nor technological improvements between 2020-2025. SUNPOWER® | by esaSolar Product Information SUNPOWER® | by esaSolar The HelixTM Roof system combines SunPower's high -efficiency, high performance panel technology, productized mechanical mounting and electrical systems, comprehensive warranties and innovative O&M services to maximize energy output from the City's rooftop. Built in a quality -controlled factory environment, the electrical connections of the Helix power station are preconfigured for easy interconnection. Inverters and panel boards arrive on -site ready for fast installation, with no field wiring or tools required. Zero wiring and no tools required for electrical installation virtually eliminate the potential for human error. Factory -installed electrical connections simplify and speed up installation. [Photo of HelixTM Roof system panels] SUNPOWER® | by esaSolar Pre -Construction Layout - CAPE Center 4' SUNPOWER® | by esaSolar 66'-2" 18 MODULES 36'-9" 10 MODULES SUNPOWER® | by esaSolar I 56 MODULES 33kW INV 8'-6" 1 Pre -Construction Layout - MGF SUNPOWER® | by esaSolar4 PROPOSED INVERTER LOCATION 160 MODULES SMA COREl 5D kW INV SUNPOWER® | by esaSolar ROOF CRICKET System Information For this project, we are proposing a dual -tilt layout. By orienting the panels east and west in a densely packed configuration, we are able to increase the amount of electricity generated per sq. ft. by 25%. To add, the aerodynamic design significantly reduces the impact of wind speeds and thus the need for roof penetrations. • For the CAPE Center, there will be no penetrations. • For the MGF, there will be only five penetrations. Structurally, the system will be ballasted with locally manufactured cement blocks. For the solar module, we chose SunPower's E Series module which has solar cells that are built on a solid copper foundation and are resistant to corrosion and cell breakage caused by Florida's damp heat and temperature swings. [Exploded View solar module, with detailed components] Mechanicof system: Highest energy density Mori Solar Celk: Unmatched reliability SUNPOWER® | by esaSolar Powerstatiom Plug -and -play accuracy Panel= Cable management trietime durability Smart Energy: Warranty Information SUNPOWER® | by esaSolar Best Reliability, Best Warranty With more than 25 million panels deployed around the world, SunPower technology is proven to last. That's why we stand behind our panel with the industry's best 25-year Combined Power and Product Warranty, including the highest Power Warranty in solar. Warranted Panel Power [Comparison line graph] 100% 98% 96% 94% 92% 90% 88% 86% 84% 82% 80% 0 SUNPOWER® | by esaSolar Conventional Panel 5 10 SunPower® E-Series and X-Series 15 Years of Operation 20 25 SUNPOWER® | by esaSolar 12% More Power in Year 25 Warranty Information SUNPOWER® | by esaSolar Remaining Components Warranty Length (years) Mechanical Balance of System 25 Electrical Balance of System 10 Plug -and -Play Inverters 10 EnergyLink Monitoring Hardware 10 [Photos of solar module components] SUNPOWER® | by esaSolar Operation & Maintenance SUNPOWER® | by esaSolar For residential and commercial -scale solar projects, that have no moving parts (e.g. no motors), the operation and maintenance activities are very limited. Additionally, with the heavy rains of Florida, washing solar panels is an unnecessary activity. We will provide a complimentary system inspection at the end of the first year in operation. During that inspection, we will provide hands-on training and a handbook to your facilities staff on how to perform maintenance of the system. We will also provide the full package of structural and electrical engineering, along with warranty information. SunPower's EnergyLink Monitoring System will provide alerts to the City and us if there are any issues related to the electricity production. We will provide free technical support for up to two years. Afterwards, we can provide technical support services at $100/hour. [Photo of computer monitor displaying graphs and data and photo of technicians examining solar panels] SUNPOWER® | by esaSolar 10 Waste and Recyclability cradletocradle SILVER (logo) [Recycle logo] SUNPOWER® | by esaSolar SunPower products are made with methods as sustainable as the energy they produce. In fact, SunPower is the world's first and only solar company to earn the prestigious Cradle to Cradle CertifiedTM Silver designation for panels manufactured in Mexico and France, comprising 75% of shipments globally. Helix incorporates 92% recycled rubber cones and trays, recyclable marine -grade aluminum, plug -and -play connections for less job -site waste from wiring, and EnergyLink software to help you measure carbon savings and improve energy efficiency. All SunPower Maxeon° and Performance Series modules* within warranty are covered by SunPower's PV Takeback, Reuse and Recycling Policy. This policy includes the decommissioning, collection and recycling of solar modules. To view the PV Takeback, Reuse and Recycling Policy in full, visit: https://us.sunpower.com/solar-resources/pv-takeback-reuse-and-recycling- compliance-report * These projects are designed with SunPower Maxeon modules. Thus they do qualify for the program. SUNPOWER® | by esaSolar Storage Ready Approach SUNPOWER® | by esaSolar We are working with TLC Engineering and Architects RZK Inc on ensuring that the buildings are "Storage -Ready" for future investments in the building to make it more resilient to grid -outages. The existing design can easily be modified with off -the -shelf storage technology from Tesla, Generac and other industry leaders. The primary consideration at this stage is the allocation of space within the electrical room or storage rooms to accommodate batteries, switches, a critical load panel, and other minor electrical components. We are a Certified Tesla Installer. [Photos of two example storage batteries with measurements] SUNPOWER® | by esaSolar Usable Capacity 13.5 kWh Depth of Discharge Sealable Up to 10 Powerwalls Operating Temperature 10Q -4 F to F I -20'C to WO Efficiency 90% round-trip Power lkW peak / 5kW continuous Supported Applications Solar self -consumption Back-up power Time -Based control Oft -grid capabilities (coming soon) Warranty 10 years Dimensions LxWx17:45.36x29,7'x6,1' (1150 mm x755mmx 155 mm) Weight 276 ibs / 125 kg Installation Floor or wall mounted Indoor or outdoor Certification North American and Internatlonai Standards Grid code compliant SUNPOWER® | by esaSolar Supporting Documentation Company Leadership Lindsay Latre (headshot photo) Chief Executive Officer - 10 years of solar industry experience - Structured $500M in tax - equity and long-term debt for solar transactions - Board Member of Florida Solar Energy Industries Association (FL SEIA) SUNPOWER® | by esaSolar Dave Click (headshot photo) Chief Technical Officer - Professional Electrical Engineer in Eight States, FL Electrical Contractor, FL Solar Contractor - Technical Advisor to Florida Solar Energy Center (FSEC), National Electric Code (NEC) and North American Board of Certified Energy Practioners (NABCEP) SUNPOWER® | by esaSolar Javier Latre (headshot photo) Chief Operating Officer - 17 years of solar industry experience - B.S. and M.S. in Electrical Engineering - Managed constructed of over 450 solar projects Local Clients Florida State University 1851 ocoee florida DUKE ENERGY® VALENCIA COLLEGE City of Winter Park Florida Established 1862 City of Satellite Beach SUNPOWER® | by esaSolar SUNPOWER® | by esaSolar ouc The Reliable One CITY of ORLANDO Advent Health TECO TAMPA ELECTRIC AN EMERA COMPANY SunPower Shines Brighter SUNPOWER® | by esaSolar 8 of Top 10 corporate solar buyers chose SunPower TARGET Walmart System capacity (MW) 200 150 100 50 0 SUNPOWER® | by esaSolar PROLOGIS 1 It ES Comm 1 1 Source: Solar Means Business 2017 SEIA StiNFOJVEii CUSTOMER #rrY rB amazon LEED Points Available Strengthen your sustainabi ity goals and increase your facility value SunPovver systems contribute rnore for your LEED certification 40 prtlrits are required.) for Bask: LEED Certification, and a Sunl: ower solar system wart` Ciadlle :oi Cla lie Certliiecr" oku panels can contribute .across several credit categories. • (Jri a typical project-, a solai system conti il-intes 5 pants, arid U5i;igCrarlletr-a Cradle'"' cerul'lecl 5unPower products and recir,cir ig construction waste" ears yield an additional l 0 pail leis, Sr flPower ,s a rrerrd]er The US Green Council. the organization Wla i r1 cienr te5 ever lose hn r1d ref green buiId,rrg, SUNPOWER® | by esaSolar - Renewable energy biodiAtirvrl - Neat island i eckJU.lrarr Environmental pwduc declaratlors - Material ingredients Sourcing of raw materials - (_QribT,r wdgte l`ianagemei I . Avoidance of cicrnieals cif concei ri SUNPOWER® | by esaSolar 3 2 LEED POINTS 3 10 Our Local Projects: City Hall, Satellite Beach SUNPOWER® | by esaSolar [Photo of Satellite Beach City Hall roof-mounted solar panels] SUNPOWER® | by esaSolar • esaSolar was prime for engineering, financing, construction, and operations and maintenance • 83 kW Fully Ballasted Dual Tilt • 232 SunPower Solar Panels • No Roof Penetrations Our Local Projects: VA Hospital in Gainesville [Photo of solar panel parking lot canopies] • esaSolar was the prime for engineering and construction • 1,000 kW Louvered Carport and 300 kW Parking Garage Canopy with Integrated LED Lighting SUNPOWER® | by esaSolar SUNPOWER® | by esaSolar • 4,727 SunPower Solar Panels • Provides shading for staff and patients parking Our Local Projects: OUC HQ in Orlando SUNPOWER® | by esaSolar [Photo of solar panel parking lot canopies] SUNPOWER® | by esaSolar • esaSolar was prime for engineering, financing, construction, and operations and maintenance • 400 kW Louvered Solar Canopy • 1,312 Solar Panels • Integrated LED lighting • Orlando Utilities Commission (OUC) sells the electricity from this project to residents under a Community Solar Program • Provides shading for employees and customers SUNPOWER® | by esaSolar Attachment 2 PROPOSED INVERTER LOCATION — 160 MODULES SMA CORE150 kW INV 12'-1 T ASSUMES THAT ADDITION OF ARRAY WILL NOT INCRE.E THE 1 DEMAND/CAPACITY RATIO OF ANY MEMBER IN THE BUILDING'S LATERAL FORCE RESISTING SYSTEMBY .THAN101kRELATIVE TOORIGINAL INTERCONNECTION2. POINT OF s METER PTB . 3. THIS DESIGN COMPLIES WITH 2014 NEC RAPID SHUTDOWN 4 REQESPONNSIBLE FOR SECURING THEM ON THE ROOF PER AwsREQUIREMENT Is ()ARR()ARRAY LAYOUT AY 3/32"=1' 0" VICINITY MAP LATITUDE: 28.385933" LONGITUDE:-80.6020481° PROJECT SUMMARY DC SYSTEM SIZE (kW) 57.600 TOTAL K OF MODULE 160 MODULE TYPE SPR-X22-360-COM ENGINEER'S STAMP AC SYSTEM SIZE (kW) 50.000 ESTIMATED YEAR 1 ENERGY OUTPUT 92,744.3 KWH AZIMUTH ROOF HEIGHT/ PITCH 28'/ 2° INVERTER SUMMARY ROOF INVERTER TYPE INVERTER CITY QTY MODULES PER INVERTER STRING CONFIGURATION A STP-CORE1 50-US S (480V) 160 MPPT 1:10 MODULES, 3 STRINGS MPPT 2:10 MODULES, 3 STRINGS MPPT 3:10 MODULES, 3 STRINGS MPPT 4: 10 MODULES, 3 STRINGS MPPT 5:10 MODULES, 25TRINGS MPPT 6:10 MODULES, 25TRINGS TOTAL 160 LEGEND PROJECT SCOPE ROOFTOP BOUNDARY ROOF BOUNDARY AND ROOF OBSTRUCTION SETBACK SOLAR MODULES DUAL TILT INVERTER POWERSTATION WITH WORKING CLEARANCE STRING GROUPING BOUNDARY SUN P3WEIrIHEL J U J CC J LJJ Q CC Z LL Z U LU LL CC CL Q J U OLL Oy N r LJJ U ¢ z¢o og 8LL 0 K DAT DRAWN THE POSED ARRAY MVOLITS O ND NISDESINTITIES aREER ERro RaGCON EoNSAS THEY ARE DESCRIBED ON PARTNER/CONTRACTORIOIVVERIFCATIONOFACTUALSITECONDITIONS. ESP 1.0 17.9 42 14.56 10.5 7.73 24 17.9 42 17.9 02 42 17.88 24 11.23 15.5 8.09 15 7.91 02 12.9 10.17 15.71 36 12.02 26 12 8.69 8.33 16 12.5 9.5 5.87 12.5 10.5 7.73 10.17 21 16.72 39 19 9.31 10.87 23 16 8.33 10 5.93 7.5 5.03 4.8 7.5 4.. 9.5 5.75 13 7.15 20 9.8 z 1 28 12.77 2 2 19 9.33 1 1 16 8.20 13.13 z9 2 1 2 19.06 45 9.8 6.82 5.87 6.46 7.18 7.18 20 2 12 2 9.5 2 11 z 13 2 13 2 31 13.85 2 2 3) 16.09 2 3 23 10.87 z 1 35 15.32 5.34 23 10.87 7.50 14 2 11.5 6.. 12.5 11.5 6.. 9.5 5.87 9.5 5.87 10.5 6.23 95 5.87 10.95 14 7.54 15 7.92 12.5 7.5 4.98 7.5 0.98 4.8 4.8 7.5 4.98 9.5 5.87 7.2 9.44 19 6.05 10 9.5 5.87 9.5 5.87 9.8 20 _1 13.85 22 10.51 13.85 17.9 42 10.56 17..9 42 ARRAY BALLAST LAYOUT SCALE: 3/22" = 1'-0" SITE PLAN / WIND MAP I HIIIIIIIII 11111111 L J SITE CHARACTERIZATION - ROOF A SYSTEM SUMMARY - ROOF A BUILDING HEIGHT: 28.00 FT BUILDING WIDTH:122.80 FT BUILDING LENGTH: 155.00 FT PARAPET HEIGHT: 2.00 FT WIND SPEED: 160.00 EXPOSURE CATEGORY:[ EXPOSURE CATEGORY TRANSITION DISTANCE: 0 BALLAST BLOCK WEIGHT: 14.00 LBS MAX ALLOWABLE SYSTEM PRESSURE: 20.00 PSF ANCHOR TYPE: OMG POWERGRIP PLUS DESIGN SPECTRAL RESPONSE: 0.10 SEISMIC IMPORTANCE FACTOR: 1.00 L8: 14.71 FT KZ: 0.97 QZ: 53.93 PSF OCCUPANCY CATEGORY: 111 TOTAL SYSTEM WEIGHT: 29,554.72 IBS MAX PSF: 19.06 PSF AVG PSF: 9.57 PSF TOTAL ANCHORS: 5 TOTAL BALLAST: 1,560 SEISMIC ANCHOR MAX. SPACING: 15 ENGINEER'S STAMP J J d' J w >- cC Z Z U W w as J U OLL O r w U SEISMIC ASSUMPTIONS SITE CLASS SEISMIC HAZARD LEVEL 5, (g) SEISMIC SETBACK D 0 0.069 0.036 1' 0 O GC F. NOTE: SEISMIC ASSUMPTIONS APPLY ONLY TO UNANCHORED ARRAYS. BALLAST LEGEND DAT DRAWN SUBARRAY N OF LINK TRAYS OR LEADING TRAYS N OF BALLAST BLOCKS "S" - 1 SEISMIC ANCHOR "N"-NUMBER OF WIND ANCHORS 10.24 • 2 1_\ TOTAL PSF N OF OPTIONAL BALLAST TRAYS OPPORTUNITY q SHEET SP 2.0 SUNPOWER SunPower Commercial Helix BOM September 23,2019 D-0099225 CP19-1853158 -City of Cape Canaveral Included in Additional ITEM DESCRIPTION Standard Items Total EST QTY System (Optional) 512199 CLIP,WIRE FORMED,CABLE MANAGEMENT, INSIDE, 1624MM A 2 20 0 20 512200 CLIP,WIRE FORMED,CABLE MANAGEMENT, INSIDE,352MM A 2 330 0 330 512510 LID,CABLE SUPPORT, HELIX ROOF 65 0 65 512511 CABLE SUPPORT, HELIX ROOF 65 0 65 513833 TRAY, LINK,HELIX ROOF 95 0 95 513843 PLATE,ANCHOR, HELIX ROOF 5 0 5 513844 TRAY,OPTIONAL BALLAST, HELIX ROOF 75 0 75 514057 PLATFORM,CHASSIS, DUAL TILT, HELIX ROOF 114 0 114 514265 FOOT,RECYCLED RUBBER,HELIX ROOF 16 0 16 515063 SCREW,CAP,SH,M6 X 1 X 12, 18-8 SS(DIN 912) 500 0 500 515928 FRONT SKIRT, HELIX ROOF 28 0 28 517463 MONITORING SYSTEM,COMMERCIAL, PVS5x BASED,240VAC, US 1 0 1 517871 TRAY, LEADING, HELIX ROOF, RIVETED VERSION 18 0 18 518477 WASHER, FLAT,3/8, 1.00 OD, 18-8 SS 25 0 25 521794 DEFLECTOR,LH, HELIX ROOF V1.1 65 0 65 521795 DEFLECTOR, RH, HELIX ROOF V1.1 65 0 65 532622 INVERTER,SMA,50kW CORE1 COMMERCIAL INVERTER,STP50-US-41 1 0 1 532643 BASE,CHASSIS, DUAL TILT V2, HELIX ROOF 114 0 114 532691 HARNESS, DC STRING,2-TO-1, FUSED, 15A, POSITIVE POLARITY, HELIX ROOF, UL 4 0 4 532692 HARNESS, DC STRING,2-TO-1, FUSED, 15A, NEGATIVE POLARITY, HELIX ROOF, UL 4 0 4 532693 HARNESS, DC STRING, 1-TO-1, FUSED, 15A, REVERSIBLE POLARITY, HELIX ROOF, UL 8 0 8 532723 ASSM, INVERTER MOUNT,SMA CORE1, HELIX ROOF 1 0 1 521415 PVM,SPR-X22-360-COM,3H B1 PV4S 1KV 166 160 0 160 END NOTES: 1 Complete Helix Dual Tilt 2 BOM by H.Henson 3 Ballast blocks and anchors are dealer supplied. 4 This is a Preliminary BOM and items may vary.Final BOM will be released after we receive the PO. Form#001-56143 Rev*C 77 Rio Robles SUN POWER CORPORATION P: 1.800.786.7693 San Jose, CA 95134 www.sunpowercorp.com F: 1.408.877.1808 Sun Power° HeIixTM Roof Solution HELIX ROOF Mounting System Attachment 3 General HELIX DT (Photo example) HELIX ST (Photo example) Configuration Dual Tilt Single Tilt Tilt angle 10 degrees Module compatibility SPR-E20-327-COM (327 W DC)* Ground coverage ratio (GCR) 0.91 0.67 Base system weight 9.3 kg/m2 (1.9 psf) 12.2 kg/m2 (2.5 psf) Maximum ballast capacity 58.6 kg/m2 (12 psf) Warranty 25 years Certifications UL 2703 Wind tunnel testing ASCE 7-10 and SEAOC PV2 compliant Material (structure) 5052 H32 aluminum and 301 stainless steel Material (foot pad) Recycled rubber (92% approx.), polyurethane binder (8% approx.) Compatible roof anchors EcoFasten Solar® Eco-65/F-202, OMG PowerGripTM, OMG PowerGrip PlusTM DT Mechanical Dimensions [Engineering views with measurements] ST Mechanical Dimensions [Engineering views with measurements] (dimensions in mm) *Request Helix -compatible version Specsheet SUNP WER' SunPower® HelixTM Roof Solution HELIX ROOF Mounting System (photo example of installed system) (Each component listed accompanied with photo example) ST Common Optional Rear Skirt (#515929) Chassis (#513831) thstie4ii4014wilt.,,, Spoiler (#513836) Following Tray (#513832) RH Deflector (#513842) s Front Skirt (#515928) LH Deflector (#513841) Leading Tray (#517871) Anchor Plate (#513843) Tray Anchor Plate (#518092) Link Tray (#513833) Optional Ballast Tray (#513844) #516950 Rev B ©2016 SunPower Corporation. All Rights Reserved. SUNPOWER, the SUNPOWER logo, and HELIX are trademarks or registered trademarks of SunPower Corporation in the U.S. and other countries as well. All other trademarks are properties of their respective owners. Specifications included in this sheet are subject to change without notice. SUNPOWER® Attachment 4 rzk Architects RZK, Inc. October 29, 2019 Mr. Todd Morley City of Cape Canaveral 7300 N. Atlantic Avenue Cape Canaveral, FL 32920 Reference: Multi -Generational Center (RZK #2018.12) Subject: Additional Architectural & Engineering Design Services Proposal Dear Mr. Morley: Architects RZK, Inc. (RZK) is pleased to submit this proposal for additional professional architectural and engineering services to the City of Cape Canaveral (CITY) the client. We will continue to utilize the efforts by TLC Engineering Solutions, Inc. (TLC) for the involvement associated to their disciplines. RZK will be the lead design firm who will provide the architectural effort and manage the design team efforts. PROJECT DESCRIPTION (GENERAL) Below we cover additional efforts proposed for the Multi -General Center project design underway for the City of Cape Canaveral. BASIC SCOPE OF SERVICES Professional design services will entail several scope changes as noted below. Additional Scope Solar Power: This service will involve modifying the prefinal documents for the Multi -Generational Center only and will include modifications to allow ballasted photovoltaic panels to be situated on the flat roof areas per the documents forwarded to RZK by the CITY. This will entail revising the roof support structure to carry the additional weight, electrical design modifications to interface the solar power; and, modifying the roofing and roof parapet edge to comply with code. COMPENSATION FOR A/E SERVICES We propose the following fees for the Basic Scope of Services identified above. Additional Services One: RZK $ 3,540.00 TLC $ 4,400.00 TOTAL ADDITIONAL COMPENSATION $ 7,940.00 600 Florida Avenue, Suite 201 • Cocoa, Florida 32922 • Office: (321) 631-8039 • Fax: (321) 639-6872 AA 0001568 The above fees are "not to exceed" based on our understanding of the work tasks Should the work tasks or budget change, or unforeseen circumstances cause an increased involvement of any work task, we reserve the right to seek and secure additional compensation. The above fees include a figure to cover conventional reimbursable expenses which include routine travel within Brevard County, photography of existing conditions, reproducing of design documents for design review submittals, routine common postage and our equipment usage. GENERAL CONDITIONS An enumerated list of GENERAL CONDITIONS will remain in accordance with the current contract with the City. Should you have any questions please feel free to contact me at your convenience. Sincerely, Architects RZK, Inc. John C. Zwick, President, Architect LEED AP 21Page 1 8 . 1 2 Multi -Generational Center City of Cape Canaveral, Florida Attachment 5 (Each section accompanied by relevant iconography/graphic) Greenhouse gas emissions from 310 Passenger vehicles driven for one year CO2 emissions from 164,143 gallons of gasoline consumed 143,294 gallons of diesel consumed 1,594,727 Pounds of coal burned 0.0004 186,006,698 coaI-bred power plants in one year 1111 number of smartphon es charged Greenhouse gas emissions avoided by irl R 509 72.7 Tons of waste recycled instead of -.h. landfill ed Garbage trucks of ISwaste recycled stead of landfilled 63,647 trash bags of I wast e recycled instead of laodfilled Carbon sequestered by 24,120 1,717 11.8 tree seedlings grown for 1Q years acres of U.S. forests In one year acres of U.S. forests preserved from conversion to cropland in one year 19.3 hanker trucks' worth of gasoline ■ 0.309 Wind turbines running for a year 175 1 hhorn.' eennergy yearor 55,408 Incandescent lamps switched to LEDs 254 homes' lectricity use for one year int ilcars' worth f coal burned phi 3,377 consumed s foil Attachment 5 59,633 propane cylinders used for home barbecues Attachment 6 4' 36'-9" 10 MODULES a 7 — 56 MODULES 33kW INV 7 1 1 ■ 66'-2" 13'-1" 18 MODULES 5'-1" 90' 1. AaYRATOANYENEUIL ETHE ND PaTRATIO OFARRAY IITHBONGS LATERAL FORCE TEMBYMO aANT.,RELATIVE 03 ORIGINAL 2. OF INTERCONNECTION 3. THIS DESIGN MPLIESWITH 2014NEC BAPIDSHUTDDWN4. STRING GROUPINGS WITHIN THE ARRAYS ARE REPRESENTATIVE AND REQ 1OARRAY LAYOUT SCALE: 3/16" = 1'-0" VICINITY MAP LATITUDE: 28.3844397. LONGITUDE:-80.6051166. LLY1 z PROJECT SUMMARY DC SYSTEM SIZE (kW) 24.360 TOTAL M OF MODULE 56 MODULE TYPE SPR-E20-435-COM ENGINEER'S STAMP AC SYSTEM SIZE (kW) 33.3 ESTIMATED YEAR 1 ENERGY OUTPUT 38,129.7 KWH AZIMUTH ROOF HEIGHT/ PITCH 14'/0° INVERTER SUMMARY ROOF INVERTER TYPE INVERTER CITY CITY MODULES PER INVERTER STRING CONFIGURATION A STP-CORE133-US S (480V( 56 MPPT 1:9 MODULES, 2STRINGS MPPT 2: 9 MODULES, 2 STRINGS MPPT 3:10 MODULES, 1 STRINGS MPPT 4: 10 MODULES, 1STRINGS TOTAL 56 LEGEND PROJECT SCOPE ROOFTOP BOUNDARY ROOF BOUNDARY AND ROOF OBSTRUCTION SETBACK SOLAR MODULES DUAL TILT INVERTER POWERSTATION WITH WORKING CLEARANCE STRING GROUPING BOUNDARY SUN POWE H E I- I y,. Z 0 s DAT DRAWN THE POSED ARRAY LAYOUT HONIS DESIGNED THEY ARE DESCRIBED ON OIVERF o ;aN PARTNER/CONTRACTORTHISVICATIONOFACTUALSITECONDITIONS. ESP 1.0 22 - 8.98 2 1 15 - 6.91 2 1 16 - 7.2 2 1 13.5 6.4 2 - 15 - 6.87 2 - 7.81 5.34 1 4.43 3.99 1 7.51 18 2 10 2 7 2 5.5 2 17 2 - 1 - - - - - - - 1 14 6.57 2 1 13 6.22 2 1 14 6.55 2 2 11.5 _ 5.82 2 _ 2 13.5 _ 6.4 2 _ 1 13 6.26 2 1 10 5.31 2 2 7.5 4.61 2 2 23 - 9.27 2 1 10.8 2 7.49 2 6.84 2 6.11 2 6.7 1 7.49 1 7.78 2 6.11 2 8.68 28 2 17 2 15 2 12.5 2 14.5 2 17 2 18 2 12.5 2 21 2 - 2 - 1 - - - - - - - 1 - 1 - - - 1 ARRAY BALLAST LAYOUT SCALE: 1/4" = 1'-0" SITE PLAN / WIND MAP 11111111111111 11 LLI 0z 3 8 F SITE CHARACTERIZATION - ROOF A SYSTEM SUMMARY - ROOF A BUILDING HEIGHT: 15.00 FT BUILDING WIDTH:52.00 FT BUILDING LENGTH: 90.00 FT PARAPET HEIGHT: 2.50 FT WIND SPEED:160.00 EXPOSURE CATEGORY:[ EXPOSURE CATEGORY TRANSITION DISTANCE: 0 BALLAST BLOCK WEIGHT:15.00 L85 MAX ALLOWABLE SYSTEM PRESSURE: 20.00 PSF ANCHOR TYPE: OMG POWERGRIP PLUS DESIGN SPECTRAL RESPONSE: 0.10 SEISMIC IMPORTANCE FACTOR: 1.00 L8: 14.86 FT KZ 0.85 QZ: 41.34 PSF OCCUPANCY CATEGORY: 11 TOTAL SYSTEM WEIGHT: 9,748.96 LBS MAX PSF: 10.80 PSF AVG PSF: 6.80 PSF TOTAL ANCHORS: 0 TOTAL BALLAST:414 SEISMIC ANCHOR MAX. SPACING:15 ENGINEER'S STAMP V CC CC w w Z Z w CC w Q a Ov w w SEISMIC ASSUMPTIONS SITE CLASS SEISMIC HAZARD LEVEL SEISMIC SETBACK D 0 0.069 0.036 z 0 cc NOTE: SEISMIC ASSUMPTIONS APPLY ON, TO UNANCHORED ARRAYS. BALLAST LEGEND DAT DRAWN SUBARRAY N OF LINK TRAYS OR LEADING TRAYS N OF BALLAST BLOCKS "S" = 1 SEISMIC ANCHOR "W'=NUMBER OF WIND ANCHORS 10.24 • 2 1_\ TOTAL PSF N OF OPTIONAL BALLAST TRAYS OPPORTUNITY q SHEET SP 2.0 SUNPOWER SunPower Commercial Helix BOM October 30,2019 D-0100293 CP19-1871574 - CAPE CENTER Included in Additional ITEM DESCRIPTION Standard Items Total EST QTY System (Optional) 512199 CLIP,WIRE FORMED,CABLE MANAGEMENT, INSIDE, 1624MM A 2 10 0 10 512200 CLIP,WIRE FORMED,CABLE MANAGEMENT, INSIDE,352MM A 2 120 0 120 512510 LID,CABLE SUPPORT, HELIX ROOF 28 0 28 512511 CABLE SUPPORT, HELIX ROOF 28 0 28 513833 TRAY, LINK, HELIX ROOF 36 0 36 514057 PLATFORM,CHASSIS, DUAL TILT, HELIX ROOF 42 0 42 514265 FOOT, RECYCLED RUBBER, HELIX ROOF 6 0 6 515063 SCREW,CAP,SH,M6 X 1 X 12, 18-8 SS(DIN 912) 200 0 200 517463 MONITORING SYSTEM,COMMERCIAL, PVS5x BASED,240VAC, US 1 0 1 517871 TRAY, LEADING, HELIX ROOF, RIVETED VERSION 6 0 6 520303 FRONT SKIRT, HELIX ROOF V1.1 P128 8 0 8 520306 TRAY,OPTIONAL BALLAST, HELIX ROOF V1.1 P128 11 0 11 521794 DEFLECTOR, LH, HELIX ROOF V1.1 28 0 28 521795 DEFLECTOR, RH, HELIX ROOF V1.1 28 0 28 532621 INVERTER,SMA,33kW CORE1 COMMERCIAL INVERTER,STP33-US-41 1 0 1 532643 BASE,CHASSIS, DUAL TILT V2, HELIX ROOF 42 0 42 532723 ASSM, INVERTER MOUNT,SMA CORE1, HELIX ROOF 1 0 1 526525 PVM,SPR-E20-435-COM,4H B1 PV4S 1.5KV L 166+5/-3% 56 0 56 END NOTES: 1 Complete Helix Dual Tilt 2 BOM by A.Solis 3 Ballast blocks and anchors are dealer supplied. 4 This is a Preliminary BOM and items may vary.Final BOM will be released after we receive the PO. Form#001-56143 Rev*C 77 Rio Robles SUNPOWER CORPORATION P:1.800.786.7693 San Jose, CA 95134 www.sunpowercorp.com F: 1.408.877.1808 Attachment 7 rzk Architects RZK, Inc. October 29, 2019 Mr. Todd Morley City of Cape Canaveral 7300 N. Atlantic Avenue Cape Canaveral, FL 32920 Reference: Cultural Heritage (Cape) Center (RZK # 2018.11) Subject: Additional Architectural & Engineering Design Services Proposal Dear Mr. Morley: Architects RZK, Inc. (RZK) is pleased to submit this proposal for additional professional architectural and engineering services to the City of Cape Canaveral (CITY) the client. We will continue to utilize the efforts by TLC Engineering Solutions, Inc. (TLC) for the involvement associated to their disciplines. RZK will be the lead design firm who will provide the architectural effort and manage the design team efforts. PROJECT DESCRIPTION (GENERAL) Below we cover additional efforts proposed for the Cape Center project design underway for the City of Cape Canaveral. BASIC SCOPE OF SERVICES Professional design services will entail several scope changes as noted below. Additional Scope Solar Power: This service will involve modifying the completed prefinal documents for the Cape Center only and will include modifications to allow ballasted photovoltaic panels to be situated on the flat roof areas per the documents forwarded to RZK by the CITY. This will entail revising the existing and new support roof structure to carry the additional weight, electrical design modifications to interface the solar power; and, modifying the roofing and roof parapet edge to comply with code. COMPENSATION FOR A/E SERVICES We propose the following fees for the Basic Scope of Services identified above. Additional Services One: RZK $ 1,840.00 TLC $ 9,200.00 ADDITIONAL COMPENSATION $11,040.00 600 Florida Avenue, Suite 201 • Cocoa, Florida 32922 • Office: (321) 631-8039 • Fax: (321) 639-6872 AA C001568 The above fees are "not to exceed" based on our understanding of the work tasks Should the work tasks or budget change, or unforeseen circumstances cause an increased involvement of any work task, we reserve the right to seek and secure additional compensation. The above fees include a figure to cover conventional reimbursable expenses which include routine travel within Brevard County, photography of existing conditions, reproducing of design documents for design review submittals, routine common postage and our equipment usage. GENERAL CONDITIONS An enumerated list of GENERAL CONDITIONS will remain in accordance with the current contract with the City. Should you have any questions please feel free to contact me at your convenience. Sincerely, Architects RZK, Inc. John C. Zwick, President, Architect LEED AP 2IPage 18.11 Cape Center Add Services City of Cape Canaveral, Florida Attachment 8 (Each section accompanied by relevant iconography/graphic) Greenhouse gas emissions from 139 1,599,624 Passenger vehicles driven for one year CO2 emissions from C} 73,618 gallons of gasahne consumed Miles driven by an average passenger vehicle 64,268 gallons of ciesel onsumed 0.0002 83,424,450 coal-fired power ',Ganes in one °year number of n tphones charged Greenhouse gas emissions avoided by 228 32.6 Tons of waste Garbage Farecycled tasks of instead of to recycled landfilled instead of landfilled Carbon sequestered by 10,818 715,239 Pounds of coal burned 28,546 trash bags of waste recycled wasted landfilled 770 5.3 hoy tree seediings acres of U.S. V.Ogrown dos 1Q4k, forestsIn one rears year acres of U.S. forests preserved from conversion to cropland rn one year 8.7 tankerctrucks' gasrthne rr oliof Attachment 8 78.3 114 3.6 1,515 26,745 , homes' energy use for f year 0.139 24,851 Wind turbines Incandescent running for a lamps switched year to LEDs homes' railcars' worth electricity use of coal homed for one year 0 barrels of oil consumed d propane cylinders used for home barbeques Attachment 9 [Photo of Solar panel installation on City of Satellite Beach City Hall roof] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 11 Subject: Approve final design from Architects RZK, Inc. for the inclusion of a Splash Pad and supplemental structures associated with redevelopment of Canaveral City Park. Department: Leisure Services Summary: At the September 17, 2019 City Council Meeting, a budget of $500,000 was approved for construction of a Splash Pad as part of Canaveral City Park Phase II. Probable thematic design renderings were created with the input of the architects and industry professionals that suited the City's Brand and fit within the area where this possible project will be located. (Attachment). The three options provided fit within the City's estimated budget. Staff will have the opportunity to value engineer items (if needed) as part of the bid once the project is awarded should the need arise. The Community was engaged through the following outlets: 1) an online vote on social media which ran from October 18 through November 4, 2019, 2) a visit to Cape View Elementary on October 23, 2019 where every child in attendance had the opportunity to look at and vote on their favorite design, 3) During October's Movie in the Park event at Canaveral City Park, 4) at the Monster Mash Halloween event where well over 1,000 attendees had the opportunity to look at the renderings and 5) at a final showcase and vote during Friday Fest at the Community Affairs table. Combined, 1,024 physical and online votes were cast with the overwhelming favorite design being Option 1 — "At The Beach", with 733 votes. Staff toured similar facilities in the Cities of Titusville, Cocoa, Sebastian and West Melbourne to become familiar with operation and maintenance of such systems. Estimated yearly operating costs, not including City staff time, averaged at approximately $16,000. Council now has the option to move forward with Option 1 or choose a different option to complete the design project for Phase II. The design of the splash pad does not affect RZK's task order price of $15,255. Submitting Department Director: Gustavo Vergara Date: 11/12/19 Attachment: Proposed Splash Pad Options Financial Impact: $15,255 for preparation of construction documents for the inclusion of a Splash Pad and supplemental structures associated with redevelopment of Canaveral City Park funded by the Community Redevelopment Agency. Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/12/19 The Interim City Manager recommends City Council take the following action: Approve final design from Architects RZK, Inc. for the inclusion of a Splash Pad and supplemental structures associated with redevelopment of Canaveral City Park. Approved by Interim City Manager: Todd Morley Date: 11/12/19 SPLASH-PAD OPTION 1 COLOR SELECTION-1 ii*_' Ea i gill 1 W W MI _ a" I' jSILKY OAK DESERT TAN ARCTIC WHITE VIRIDIAN CRYSTAL BLUE JADE BREEZE M ki0 PROPOSED SPLASH FLOOR PLAN - OPTION 1 AT THE BEACH Aetraker BOC FL Carla. MMIry!' SIJTE MI COMA FL ISM T 9 H.S#+ FNM F 9 H.150 Nil ww•'-i/IC„ITEN/AZi, YM CAPE CANAVERAL MULTI GENERATIONAL FACILITY 7920 ORANGE AVE., FL. DRAVIING TITLE: SPLASH PAD OPTION 1 FOR REVIEW NOT FOR CONSTRUCTION CHECKED BY: JC2 A-1.1 At the Beach [4 Renderings of proposed option] Option # 1 SPLASH-PAD OPTION 2 SUNRISE SUNSET FIRE JADE BREEZE CRYSTAL BLUE LIQUID TURQUOISE ki0 PROPOSED SPLASH FLOOR PLAN - OPTION 2 CIRCLE OF LIFE 'KRA. ALE 0 Aetraker BOC FLC+RIPi MMIry!' SIJTE MI COMA FL ISM T 9 H.S#+ FNM F 9 H.150 Nil wv0-AMICNITENTAZKAYM CAPE CANAVERAL MULTI GENERATIONAL FACILITY 7922 ORANGE AVE., FL. DRAVIING TITLE: SPLASH PAD OPTION 2 FOR REVIEW NOT FOR CONSTRUCTION CHECKED BY: JC2 DRAVANG NO.: A-1.2 Circle of Life [4 Renderings of proposed option] Option # 2 SPLASH-PAD OPTION 3 COLOR SELECTION-3 SUNRISE SUNSET FIRE VIRIDIAN CRYSTAL BLUE LIQUID TURQUOISE ALABASTER 0 PROPOSED SPLASH FLOOR PLAN — OPTION 3 SUN, SPACE AND SEA ®OC FLIMPi FhMl4!' r SIl TE i47 COd6A FL ISM T 9 H.41, FNM F 9 H.150 Nil k woJACWTENTAZi,VIM CAPE CANAVERAL MULTI GENERATIONAL FACILITY 7920 ORANGE AVE., FL. DRAVIING TITLE: SPLASH PAD OPTION 3 FOR REVIEW NOT FOR CONSTRUCTION CHECKED BY: JC2 DRAVANG NO.: A-1.3 Sun, Space & Sea [4 Renderings of proposed option] Option # 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 12 Subject: Approve the proposed 2020 City Council Regular and Budget Meeting Schedule. Department: City Clerk's Office Summary: A yearly Meeting Schedule assists everyone in planning activities necessary to complete the City's business. The proposed Meeting Schedule (Attachment 1) was created using current practices. The two Budget Hearings in September are contingent upon the budget hearing schedules of the Brevard County Board of County Commissioners and the Brevard County School Board. Additionally, the first Tuesdays of the other eleven months are reserved should the City and/or Council determine holding a meeting is necessary. One date that would normally be reserved, November 3, 2020 conflicts with a date listed on the City's 2020 Holidays and Other Notable Dates (Attachment 2). For this conflict, the following Thursday, November 5, 2020, is reserved. Attachment 2 also includes entries for Daylight Savings Time, as Congress has not amended U.S. Code, authorizing Florida's 2018 year-round Daylight Savings Time legislation. The City's Community Redevelopment Agency (CRA) Board is a legally distinct and separate entity from the City Council. However, the CRA Meeting schedule, approved by the CRA Board on September 17, 2019, coincides with dates on the proposed City Council Meeting Schedule. For this reason, CRA Board Meetings are listed. Submitting Department Director: Mia Goforth Date: 11/12/19 Attachments: (1) Proposed 2020 City Council Regular and Budget Meeting Schedule (2) City of Cape Canaveral 2020 Holidays and Other Notable Dates Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/12/19 The Interim City Manager recommends City Council take the following action: Approve the proposed 2020 City Council Regular and Budget Meeting Schedule. Approved by Interim City Manager: Todd Morley Date: 11/11/19 Attachment 1 DRAFT City of Cape Canaveral 2020 City Council Regular and Budget Meeting Schedule Agenda Cut-off at Agenda &Packet Due by Council Meeting 4:30 PM Wednesday Close of Business Tuesday (Tuesday unless otherwise noted) 01/07/2020 Reserved* 01/08/2020 01/14/2020 01/21/2020 6:00 PM 02/04/2020 Reserved* 02/05/2020 02/11/2020 02/18/2020 6:00 PM 03/03/2020 Reserved* 03/04/2020 03/10/2020 03/17/2020 6:00 PM CRA Board Meeting 5:30 PM if needed 04/07/2020 Reserved* 04/08/2020 04/14/2020 04/21/2020 6:00 PM 05/05/2020 Reserved* 05/06/2020 05/12/2020 05/19/2020 6:00 PM 06/02/2020 Reserved* 06/03/2020 06/09/2020 06/16/2020 6:00 PM CRA Board Meeting 5:30 PM if needed 07/07/2020 Reserved* 07/08/2020 07/14/2020 07/21/2020 6:00 PM Budget Workshop 5:00 PM 08/04/2020 Reserved* 08/05/2020 08/11/2020 08/18/2020 6:00 PM Budget Workshop 4:00 PM if needed 08/19/2020 08/25/2020 09/01/2020 5:30 PM 1st Budget Hearing Budget Hearing contingent upon scheduled budget hearings of the Brevard County Commission and School Board. Florida Law prohibits budget hearings on the same day. 09/02/2020 09/08/2020 09/15/2020 6:00 PM +2nd Budget Hearing CRA Board Meeting 5:30 PM Budget Hearing contingent upon scheduled budget hearings of the Brevard County Commission and School Board. Florida Law prohibits budget hearings on the same day. 10/06/2020 Reserved* 10/07/2020 10/13/2020 10/20/2020 6:00 PM 11/05/2020Reserved* (Thursday) 11/04/2020 11/10/2020 11/17/2020 6:00 PM CRA Board Meeting 5:30 PM (tentative) 12/01/2020 Reserved* 12/02/2020 12/08/2020 12/15/2020 6:00 PM *These dates are reserved if a meeting is necessary.Agenda will be posted one week before the meeting. Approved by Council: DRAFT Attachment 2 City of Cape Canaveral 2020 Holidays and Other Notable Dates 01/01/2020 New Year's Day City offices closed Wednesday 01/20/2020 Martin Luther King Day City offices closed Monday 02/17/2020 Presidents Day City offices closed Monday 03/08/2020 Begin Daylight Savings Set clocks forward Sunday @ 2AM 04/22/2020 Administrative Professional's Day Wednesday 05/25/2020 Memorial Day City offices closed Monday 07/03/2020 Independence Day (observed) City offices closed Friday 09/07/2020 Labor Day City offices closed Monday 10/06/2020 National Night Out (BCSO) (tentative) Tuesday @ 6PM 10/16/2020 Boss's Day Friday 11/01/2020 End Daylight Savings Set clocks back Sunday @ 2AM 11/03/2020 Election Day Tuesday 11/11/2020 Veterans Day City offices closed Wednesday 11/26/2020 Thanksgiving Day City offices closed Thursday 11/27/2020 Day after Thanksgiving City offices closed Friday 12/24/2020 Christmas Eve City offices closed Thursday 12/25/2020 Christmas Day City offices closed Friday City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 13 Subject: Appoint a Council Member as the Alternate Voting Delegate to the Space Coast Transportation Planning Organization (SCTPO) Governing Board, representing the North Beaches Coalition (NBC). Department: City Clerk's Office Summary: The SCTPO is a metropolitan planning organization established under §339.175, Florida Statutes, to coordinate transportation planning and funding throughout Brevard County. The Cities of Cape Canaveral and Cocoa Beach extended an Interlocal Agreement with SCTPO, through the year 2022, allowing each agency to continue sharing a delegate seat on the SCTPO Board as the NBC. The SCTPO Governing Board and various committees provides a forum for cooperative decision making by officials of the affected governmental entities with input from citizens and constituency groups. Outgoing Council Member Rocky Randels is the current NBC Voting Delegate and Cocoa Beach Commissioner Skip Williams is the Alternate. For 2020, Cocoa Beach is scheduled to represent with the Voting Delegate and Cape Canaveral with the Alternate. It is now incumbent upon City Council to appoint a Council Member as the SCTPO NBC Alternate Voting Delegate. C- Submitting Department Director: Mia Goforth ' Date: 11/12/19 Attachment: None Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/12/19 The Interim City Manager recommends City Council take the following action: Appoint a Council Member as the Alternate Voting Delegate to the SCTPO Governing Board, representing the NBC. Approved by Interim City Manager: Todd Morleyc:Ig:7;Date: 11/12/19 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 14 Subject: Review of Code of Conduct Department: City Council Summary: In order for meetings to conduct city business efficiently, it is mandatory for current Council Members to review the Code of Conduct and Robert's Rules of Order. After researching current practices, some councils fine a member for inappropriate behavior or ineffective actions and lack of cooperation. Submitting Council Member: Angela Raymond Date: 11/06/19 Attachments: None. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 15 Subject: City Manager Department: City Council Summary: The Interim City Manager is a six-month position. There are only five months left to search for a permanent Manager. We need to direct our HR Director to begin a search. This can be done locally and in-house. It takes time to receive applications, review them, select the top candidates, and to secure interviews with the most experienced applicants. Submitting Council Member: Angela Raymond Date: 11/06/19 Attachments: None. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/19/2019 Item No. 16 Subject: Affordable Housing Department: City Council Summary: More and more cities are getting involved with this subject due to renters battling a higher and higher rents, especially in our area. It is near impossible for many to sustain a life based on low wages in most of our service industries in Cape Canaveral. Non profits have been picking up the tab so that families do not become Homeless. Many residents are just one pay check away! A car repair, a hospital visit, a threatening hurricane, or a death a death in the family can easily upset the monthly budget. When a family cannot pay the rent or the FPL, desperation sets in. Little compassion is displayed by local landlords. There has not been much help from the state. The Sadowski Fund has been raided year after year. For example, the Society of St. Vincent De Paul aids residents in need, but they depend upon the generosity of parishioners of Our Saviour's. cities around the country are tackling this issue and are coming up with creative solutions. What can we do? Are any funds available? Can we pressure landlords to be more compassionate in times of trouble? Can we create more affordable local housing opportunities? Submitting Council Member: Angela Raymond Date: 11/06/19 Attachments: None.