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HomeMy WebLinkAboutcocc_council_mtg_packet_20200818CAPE CANAVERAL CITY COUNCIL MEETING For viewina/participatina in the Meetina remotely via GoToWebinar: Register at: https://attendee.gotowebinar.com/register/5271230676223321615 1 (415) 655-0052; Attendee Access Code: 797-954-412 AGENDA August 18, 2020 6:00 P.M. COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting will be held virtually by communications media technology (CMT). Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. Instructions for the public to attend and provide public comments during this meeting are accessible at www.cityofcapecanaveral.org/instructions as well as attached to this agenda. Please read and follow the instructions carefully if you want to attend or provide public comments on specific agenda items. 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 June 16, 2020 Regular Meeting and July 2, 2020 and July 9, 2020 Special Meetings. (postponed on July 21, 2020) 2. Approve Minutes for July 21, 2020 Budget Workshop and Regular Meetings. 3. Approve the Thirteenth 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 City Manager to execute same. City of Cape Canaveral, Florida City Council Meeting August 18, 2020 Page 2 of 2 4. Approve Grant Agreement LPA0096 with Florida Department of Environmental Protection to receive funds in the amount of $250,000 from the State Legislature for construction of Cape Canaveral Wastewater Treatment Plant Improvements and authorize the City Manager to execute same. 5. Approve Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $262,610 with U.S. Lawns of Brevard dba Micnor Corp. and authorize the City Manager to execute same. OLD BUSINESS 6:20 p.m. — 6:25 p.m. 6. Examine additional information and paperwork related to the Application for Reduction of a $47,425.00 Code Enforcement Lien, Case No. 18-183 (8497 Ridgewood Drive) and finalize the Lien reduction request. ITEM FOR ACTION 6:25 p.m. — 6:30 p.m. 7. Select an Option for the Solar Light Replacement Program on Ridgewood and North Atlantic Avenues and authorize the City Manager to budget same. REPORTS 6:30 p.m. — 6:40 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. 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. CITY OF CAPE CANAVERAL ATTENTION: TEMPORARY VIRTUAL PUBLIC MEETING AND COMMENT INSTRUCTIONS IN LIGHT OF COVID-19 EMERGENCY Due to the COVID-19 Pandemic Emergency, public access to City Hall is limited in an effort to comply with Federal and State public health and safety directives to keep our citizens and City officials and employees safe. As a result, the City of Cape Canaveral will be temporarily utilizing virtual Communications Media Technology (CMT) for City Council and other board meetings pursuant to the Governor's Executive Order Number 20-69 and Florida Statutes, Section 120.54(5)(b)(2) until further notice. Governor DeSantis' Executive Order suspended the requirement of a quorum to be present in person or having a local government body meet at a specific public place. Therefore, the City Council and Advisory Board Members may attend public meetings and participate by telephonic and video conferencing. However, the City of Cape Canaveral remains committed to providing alternative platforms for citizens to virtually attend scheduled public meetings and have an opportunity to submit their public comments in an efficient, orderly and safe manner. INSTRUCTIONS FOR VIRTUAL MEETING ATTENDENCE AND AGENDA ACCESS The City of Cape Canaveral temporary CMT meeting platform is GoToWebinar. Videoconferencing and teleconferencing will be used to virtually connect the following meeting participants: City Council, Board Members, City Staff, City Attorney, City consultants and Applicant(s), if any, for purposes of conducting public meetings. However, the public may virtually attend the meeting live by viewing and listening to the meeting by accessing the meeting at an Internet address and/or phone number/access code listed at the top of each respective meeting agenda and on the City website's Events Calendar available at: www.cityofcapecanaveral.org/calendar.php. To obtain a copy of the board meeting agenda, interested persons should go to the City's online Public Records/Laserfiche WebLink and search for the specific board and agenda package at: cityofcapecanaveral.org/government/city_departments/city_clerk_s_office/public_records_laserfiche_weblink.php PARTICIPATION OPPORTUNITIES DURING MEETINGS VIA GOTOWEBINAR PLATFORM There will be appropriate times during GoToWebinar hosted meetings when the chairperson or designee of the meeting will invite live public comment during the public participation portion of the meeting and for specific agenda items. You must be properly logged into the live GoToWebinar meeting on your computer or electronic device and have a functioning microphone to participate live. When these invitations are announced by the chairperson or designee at the meeting, citizens may virtually raise MUTED their hand to speak by pressing the hand feature on the 14 ell Microphone (HDWebcamC510) GoToWebinar screen in timely manner so as to be recognized as a speaker by the City Staff person monitoring the meeting. The hand Speakers (FEigh Definition Aud... feature is illustrated in the accompanying screenshot to the right. Fl Lie. Help G. _ ❑ U X Audio Sound Check 0 Computer audio QPhone call ? When the speaker is recognized by the Meeting Organizer, their audio microphone will be unmuted to address the Council or Board Members. Speakers must clearly state their names and address for the record and then provide comments within three (3) minutes. Public comments must be relevant to the agenda item being considered at that time. Irrelevant and repetitive comments will be deemed out -of - order and will not be heard. At the conclusion of a citizen's public comment opportunity, the audio will be muted so the Council or Board may continue conducting the meeting. City of Cape Canaveral - Virtual Meeting Instructions — Updated 07/14/2020 Page 1 of 2 Public comments are limited to three (3) minutes. The comments will be heard at the meeting and summarized into the record. Public comments are subject to City meeting rules of decorum. The speaker's activated audio may be muted by the City for violating the time limit or rules of decorum. Please also note that the time allocated to each person for public comment is subject to the discretion of the Council or Board and may be reduced from three (3) minutes based on the number of speakers or comments received or previous comments made by the speaker. PUBLIC COMMENT AND PUBLIC PARTICIPATION INSTRUCTIONS Public comments in the form of email or written correspondence (either mailed or hand- delivered) will be accepted no later than 24 hours ahead of a scheduled Workshop or Regular Meeting. Public comments in the form of email or written correspondence will be accepted within a reasonable amount of time prior to Special City Council Meetings. Emails and correspondence will be read into the record. However, Staff reserves the right to aggregate and summarize comments substantially similar (generally 5 public comment emails or more). Additionally, each public comment must address one subject at a time at virtual and hybrid public meetings. Emails and correspondence will be forwarded to the City Council and/or Advisory Board Members prior to the scheduled meeting for their review. Section 286.0114, Florida Statutes, affords the public a reasonable opportunity to be heard during public City Council and Advisory Board Meetings. In light of challenges posed to hosting traditional public gatherings due to the COVID-19 Pandemic Emergency, Staff is continually working to develop efficient methods to ensure an accessible range of opportunities for public participation. We appreciate your patience as we work to implement these improvements, and ask that any questions or concerns regarding Public Participation and Public Comments be directed to the City Clerk's Office at cityclerk@cityofcapecanaveral.org or by phone at (321) 868-1220. ACCESSIBILITY STATEMENT The City broadcasts all City Meetings via it's website through a third -party provider that enables live captioning. However, in accordance with the Americans with Disabilities Act of 1990, persons needing additional special accommodation to participate in this meeting may contact the City Clerk's Office at 321-868-1220 no later than one (1) business day prior to the meeting. MISCELLANEOUS The rules established herein are intended to provide a general framework for the conduct of public CMT meetings as authorized pursuant to the Governor's Executive Orders Nos. 20-52 and 20-69. The City of Cape Canaveral reserves the right to modify, amend, or discontinue these temporary procedures for public comments, with or without notice, in order to ensure compliance with applicable laws, rules and regulations; to overcome technical or logistical difficulties or practical challenges in implementing public meetings via CMT; or to ensure the public health, safety and welfare of the public. Thank you for your patience and understanding during this very challenging time. For more information about these temporary procedures or public meetings, please contact the City Clerk. Rev. 07/14/2020 City of Cape Canaveral - Virtual Meeting Instructions — Updated 07/14/2020 Page 2 of 2 City of Cape Canaveral City Council Meeting - August 18, 2020 Agenda Item Summary Item No. 1 Subject: Approve Minutes for June 16, 2020 Regular Meeting and July 2, 2020 and July 9, 2020 Special Meetings. (postponed July 21, 2020) Department: City Clerk's Office Summary: At the July 21, 2020 Meeting, City Council discussed the three sets of Minutes (June 16, 2020 Regular Meeting and July 2, 2020 and July 9, 2020 Special Meetings) presented for approval. As part of the discussion, Council Member Raymond requested the Special City Council Meeting Minutes of July 9, 2020 be revised and the discussion of Item No. 2 on that Agenda reflect: City Council Members Kellum, Morrison and Raymond agreed City Hall should not be closed, however supported City Manager Morley's decision to do so. At the conclusion of discussion, City Council voted to postpone approval of all three sets of Minutes. The three sets of Minutes (Attachments 1-3) are presented again for approval, with the requested changes to the July 9, 2020 Special Meeting Minutes incorporated. Submitting Department Director: Mia Goforth Date: 08/10/2020 Attachments: 1 — 06/16/2020 City Council Regular Meeting Minutes with submitted public comment emails 2 — 07/02/2020 City Council Special Meeting Minutes with submitted public comment emails 3 — 07/09/2020 City Council Special Meeting Minutes with submitted public comment emails Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 08/05/2020 The City Manager recommends the City Council take the following actions: Approve Minutes for June 16, 2020 Regular Meeting and July 2, 2020 and July 9, 2020 Special Meetings. Approved by City Manager: Todd Morley Date: 08/10/2020 Attachment 1 DRAFT CAPE CANAVERAL REGULAR CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 VIRTUAL MEETING via GoToWebinar Tuesday June 16, 2020 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:23 P.M. and read a COVID-19 Pandemic Emergency Statement. Mayor Pro Tem Brown led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Mickie Kellum Council Member Wes Morrison Council Member Angela Raymond Others Present: Interim City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director HR/Risk Management Director Deputy City Clerk Executive Assistant to the City Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Chief Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Gustavo Vergara Jim Moore Melinda Huser Daniel LeFever Lisa Day Andrew Walters Joanna Seigel Dave Sargeant Mayor Hoog read a statement to remind everyone participating in all public meetings of the City to conduct themselves professionally and follow proper procedures and protocol, as well as instructions for attendees wishing to participate remotely. Presentation of Proclamation to Director General Chien of the Taipei Economic and Cultural Office in Miami, Florida, in appreciation of 2,000 medical masks donated to the City of Canaveral: Mayor Hoog presented the proclamation to Director General Chien and accepted the donated medical City of Cape Canaveral, Florida City Council Meeting — Regular Hybrid June 16, 2020 Page 2 of 5 DRAFT masks. Director General Chien thanked the Council and accepted a City Seal bronze coin and etched glass globe to commemorate the event. Presentation of Proclamation declaring the City of Cape Canaveral Stands Against Hate: Council Member Raymond read the proclamation into the record, spoke of the need to stand together as a City and practice kindness. Presentation of Institute for Elected Municipal Officials (IEMO) Certificate of Completion to Council Member Mickie Kellum: Mayor Hoog presented the Certificate to Council Member Kellum. Presentation of Institute for Elected Municipal Officials (IEMO) III Certificate of Completion to Council Member Angela Raymond: Mayor Hoog presented the Certificate to Council Member Raymond. PUBLIC PARTICIPATION: City Clerk Goforth read emails, attached herewith, into the public record regarding Consent Agenda Item 3 Resolution No. 2020-13, the May 8, 2020 City Council Special Meeting and placement of cell towers in the City. CONSENT AGENDA: Mayor Hoog asked if any Council Members wished to remove any Items for discussion. Council Member Morrison removed Items 1 and 4. 1. Approve Minutes for May 8, 2020 Special and May 19, 2020 Regular Meetings. 2. Resolution No. 2020-01; amending Appendix B, Schedule of Fees of the City Code related to Chapter 82 Building Permits and Chapter 22 Community Appearance Board applications; repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. 3. Resolution No. 2020-13; affirming the City's commitment to denouncing hate -speech, violent action and misinformation related to COVID-19; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 4. Authorize removal of two (2) specimen trees at 333 & 337 Madison Ave. at a mitigation ratio of one-to-one. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to pass Consent Agenda Item Nos. 2 and 3. The motion carried 5-0. 1. Discussion ensued and included an omission in the May 8, 2020 Special City Council Meeting minutes of Commander Walters' attendance at the meeting and the procedure by which the Meeting was called. 4. Discussion ensued and included updating the City Code regarding tree ordinances, the City Arborist, State law, application processing took longer due to circumstances related to the pandemic, private arborists, revising fees, no complaints received from the property owner, and City of Cape Canaveral, Florida City Council Meeting — Regular Hybrid June 16, 2020 Page 3 of 5 DRAFT desire to work on the State preemption issue with assistance of City Attorney Garganese. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to pass Consent Agenda Items 1 and 4. Mayor Hoog opened discussion to the public. Lee Vicidomini, 421 Lincoln Avenue, objected to Council's decision to open beach parking at the May 8, 2020 Special Meeting, expressed it could have waited and indicated the City was pressured by surrounding communities. The motion carried 5-0. ITEM FOR ACTION: 5. Discuss and decide whether to: (1) appoint Todd Morley as the permanent City Manager, subject to Council's approval of a City Manager Employment Agreement at a subsequent meeting; or (2) conduct a City Manager employment search, subject to Council's direction, as per the City Council's previous direction given at the April 21, 2020 Regular Meeting. (Submitted by Mayor Hoog and City Attorney Garganese): Discussion ensued and included Interim City Manager Morley's performance with special emphasis on the challenges of COVID-19, the pros and cons of searching for a City Manager, opportunity for upward mobility, favorable citizen feedback, the shelf -life of city managers, the City Code section and policy regarding the City Manager and Mayor Hoog's approval of a pay increase for Interim City Manager Morley by Mayor Hoog. Mayor Hoog opened public comment. Bob Carney, 340 Chandler Street, expressed support to hire Interim City Manager Morley. John Price, 161 Majestic Bay Avenue, expressed support to hire Interim City Manager Morley. Brad Purvell, resident and property owner, read his email into the record expressing support to conduct a search for City Manager. Stewart Smith, Harbor Heights resident and business owner, expressed support for a search. Lamar Russell, 376 Harbor Drive, expressed support for hiring Interim City Manager Morley. John LoMeo, 502 Tyler Avenue, expressed support for a search. Lee Vicidomini, 421 Lincoln Avenue, expressed support for hiring Interim City Manager Morley. Andrea Shea -King, 7017 Orange Avenue, expressed favor for a search. Discussion ensued regarding circumstances surrounding COVID-19, transparency, Council actions taken since appointing Interim City Manager Morley and the process by which emails were received from the public related to the choice for Options 1 and 2. City Attorney Garganese provided clarification regarding instruction for public comment and advised Council to make a procedural decision before moving forward. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to reduce the time period related to and due to the quantity of emails received, and to read each submitters name and chosen Option 1 or 2, as contained in the Agenda Item. Motion passed 4-1, with Council Member Morrison voting against. Mayor Hoog read the names for each submitted email with chosen options into the record, attached herewith. Lee Vicidomini expressed her opinion on the Item and urged Council to consider the efforts of Interim City Manager Morley to keep the community safe during the COVID-19 Pandemic. Mayor Hoog called for public comments from virtual attendees. Mayor Hoog recessed the meeting at 8:21 p.m. The meeting was reconvened at 8:30 p.m. City Clerk Goforth read an email into the record received from Patrick Campbell on June 16, 2020 at 2:27 p.m. as requested and attached herewith. Chris Cloney, resident, read his email into the public record, attached herewith. Vicky Price, resident, stated she did not submit her email in time and indicated emails generated by Council Member Morrison represent a biased sample, the search for City Manager should have been conducted months ago and urged Council to consider Interim City of Cape Canaveral, Florida City Council Meeting — Regular Hybrid June 16, 2020 Page 4 of 5 DRAFT City Manager Morley's performance. Don Willis, resident, stated he emailed his opinion to the City and agreed the sampling of emails generated to the City as biased. Diane Callier, resident, expressed the public comment process as being inequitable and summarized the content of her email in support of conducting a search. Deputy City Clerk LeFever confirmed location of Ms. Callier's email, and read an email not identified earlier by David Downing, property owner, expressing support of conducting a search for City Manager, both attached herewith. Mayor Hoog closed public comment. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to appoint Interim City Manager Todd Morley as the permanent City Manager [Option 1]. City Attorney Garganese advised discussion should remain between the governing body only on the motion. Discussion ensued regarding Council and Staff actions since appointing the Interim City Manager. Interim City Manager Morley explained the increase in pay he received after seeking advice on the matter from then Human Resources Director Jane Ross. Discussion continued. City Attorney Garganese advised Council on parliamentary procedures of calling a question and a call to vote on the motion currently on the floor. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Brown to call the question on the motion. The motion carried 3-2, with Council Members Kellum and Morrison voting against. Discussion ensued. City Attorney Garganese explained if the motion passed, a contract would be prepared and brought back for Council consideration. The motion carried 4-1, with Council Member Morrison voting against. ITEMS FOR DISCUSSION (OLD BUSINESS): 6. Discussion Policy and Budget under the Civil Emergency related to COVID-19. (Submitted by Council Member Morrison): Council Member Morrison explained the Item. Discussion ensued regarding monthly financial statements and discussing them at each Regular City Council Meeting. A motion was made by Council Member Morrison, seconded by Council Member Kellum to schedule a fifteen minute workshop for Tuesday, July 21, 2020 at 5:45 p.m. to discuss the monthly financial statements of the City. There being no public comment or further discussion, Mayor Hoog closed discussion. The motion carried 5-0. 7. Discussion on Opening Plan for Cape Canaveral Public Facilities under the Civil Emergency related to COVID-19. (Submitted by Council Member Morrison): Withdrawn. ITEMS FOR DISCUSSION (NEW BUSINESS): 8. Amending City Code — Code of Conduct. (Submitted by Council Member Raymond): Council Member Raymond explained the Item. Discussion ensued and included conducting City Council business effectively, the need to be concise during discussion, cutting meeting durations down, the purpose of Advisory Boards in assisting City Council, conducting workshops if needed and revising meeting rules of procedure. Mayor Hoog opened public comment. City Clerk Goforth read an email into the record and attached herewith from Patrick Campbell, resident. 9. Discussion on Business & Economic Development Board defined in the City Ordinances Article II. - Sections 22-26 to 22-35. (Submitted by Council Member Morrison): Council Member City of Cape Canaveral, Florida City Council Meeting — Regular Hybrid June 16, 2020 Page 5 of 5 DRAFT Morrison explained the Item. Discussion ensued and included a request to schedule a meeting to brainstorm ideas and discuss the economic condition the business community is in due to COVID- 19, the desire for the Board to meet more often and four members make up the current Board. Council reached consensus to have Interim City Manager Morley try to convene a meeting of the Economic Development Board. There was no public comment. 10. Discussion under Florida Sunshine Law and the City Ordinances (Code of Conduct) Section 2-172, Section 2.07 and Section 2.09 applied to City Council Member Angela Raymond's performance at the May 8, 2020 Special City Council Meeting. (Submitted by Council Member Morrison): Council Member Morrison explained the Item. Discussion ensued and included Council Member Raymond's conduct during the Special Meeting, the Sunshine Law, what actions should be taken if any, difficulties and distractions while conducting and participating virtual meetings during the COVID-19 Pandemic. Council Member Raymond stated she was not talking to anyone during the Meeting and indicated having difficulty with equipment and getting the attention of Mayor Hoog during the Meeting. A motion was made by Council Member Kellum, seconded by Council Member Morrison, to extend the meeting an additional five minutes. The motion carried 5-0. Discussion ensued. City Attorney Garganese explained the City Council Code of Conduct are rules agreed to between Council Members as a governing body to police themselves. REPORTS: Interim City Manager Morley commended Commander Walters on the daily beach reports, but stated they are no longer necessary if the Council so desires. Council consensus was reached to end the beach activity reports. ADJOURNMENT: There being no further business, the Meeting was adjourned at 10:05 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk From: Pat Campbell <patrickcampbell@cfl.rr.com> Sent: Monday, June 15, 2020 2:44 PM To: Public Comments Subject: Council Meeting 6/16/2020 Comment to Consent Agenda Item 1 Follow Up Flag: Follow up Flag Status: Flagged Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org The Special Meeting of May 8th generated discussion about how the meeting came together and who called it. It was not clear to me that the meeting was in compliance with our ordinance: Sec. 2-57. - Special meetings. (a) A special meeting of the city council may be initiated by any of the following means: (1) By an affirmative vote of a majority of the city council pursuant to the Charter, article II, section 2.11. (2) By serving the city manager or the city clerk notice in writing and signed by a majority of the city council. The clerk shall immediately give verbal or written notice to each member of the council, stating the date and hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. The clerk in the notice of a special meeting initiated in this manner shall allow at least 24 hours to elapse between the call of the meeting and the date and hour of the meeting. Notice shall be posted at City Hall and on the city website. (3) By verbal notice to the city clerk or the city manager by a majority of the city council whenever an emergency exists which requires immediate action by the council. The clerk shall immediately attempt to give notice to each member of the council stating the hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. If, after reasonable diligence, it is impossible to give notice to each councilmember, such failure shall not affect the legality of the meeting. (b) All special meetings shall be held in the City Hall or such other place as designated by a majority of the council in open session and shall be open to the public and the press. Please explain how the meeting was initiated. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i From: Public Comments Sent: Monday, June 15, 2020 4:57 PM To: Public Comments Subject: FW: Public Comment Registration Follow Up Flag: Follow up Flag Status: Flagged Molly Thomas Cultural + Community Affairs Director City of Cape Canaveral (321) 868-1220 x220 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 Original Message From: travelingsteph@hotmail.com <travelingsteph@hotmail.com> Sent: Monday, June 15, 2020 4:21 PM To: Public Comments <publiccomments@cityofcapecanaveral.org> Cc: Stephanie Johnson<sjohnson@cityofcapecanaveral.org> Subject: Public Comment Registration Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Meeting Date = 06/16/2020 Board Name = City Council Agenda Item Number = ## Topic = 5G First = Carole Last Name = Munn Resident = true Cape Canaveral Property Owner = true Street Address = 425 Buchanan Avenue City = Cape Canaveral 3 Zip Code = 32920 Public Comment Statement = I wish to know the Council's position on 5G and the placement of towers every 250 feet throughout the community as well as the 4000+ satellites that will be radiating down upon us at all times everywhere we happen to be. Client IP = 97.103.160.233 <http://jfysy.mailtrack.me/tracking/raWzMz50paMkCGH5AmV1 AGNkBQNzMKWjgzA2pzSagaR9AwN0AGLjAGN mVD.gif> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public - records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 4 From: Ross, Eric <ERoss@adl.org> Sent: Tuesday, June 16, 2020 11:46 AM To: Public Comments Subject: Public Comment for 6/16 Cape Canaveral City Commission Meeting Follow Up Flag: Follow up Flag Status: Flagged Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Statement for Public Comment During 6/16 Cape Canaveral City Commission Meeting: Dear Mayor Hoog and Commissioners, My name is Eric Ross, and I live at 5323 NW 119th Terrace, Coral Springs, FL 33076. I am reaching out to you on behalf of ADL, the Anti -Defamation League, where I work full-time as a Senior Associate Regional Director. I would like to thank you for adding Item 3 to the consent agenda for this meeting, and I strongly urge all of you to vote in favor of it. We are living in unprecedented times. We may all be stuck at home, but unfortunately that means hatred is being left un-checked in all too many places. While your news feeds may be filled with updates on the number of Coronavirus infections, what you aren't hearing much about is the massive attempt by extremists to place blame for this pandemic specifically on the Asian -American and Jewish communities. Clearly, there is no room for hate against anyone in any of our communities, but at this moment in time, we are only seeing two specific groups singled out for blame over and over again within extremist communities and especially online. This resolution will tell the whole country that Cape Canaveral is firmly opposed to using Covid-19-related hate to victimize, to discriminate, or to demean any member of your community. If passed, you will be among the first in Florida to take this important stand, and I would like to thank you in advance for your leadership in doing so. Sincerely, Eric Ross ERIC ROSS Senior Associate Regional Director 10 ADL Florida Region 5295 Town Center Road, Ste. 300 Boca Raton, FL 33486 t: 561-988-2944 c: 561-325-2497 ERoss@adl.org / @ERoss1010 florida.adl.org / www.HateFreeFL.org Donate • i Fl 1=1-FONG HATE FROM HOME Click HERE to sign UP Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 11 From: Phillip N. Blaha <phillip.blaha@gmail.com> Sent: Monday, June 15, 2020 4:07 PM To: Public Comments Cc: Phillip Blaha Subject: Cape Canaveral City Council Meeting (16Jun20) - Public Comment! Attachments: T. Morley Appointment - Ver 3A.pdf Follow Up Flag: Follow up Flag Status: Flagged Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Cape Canaveral City Council Meeting (16Jun20) - Public Comment Name — Phillip N. Blaha Address — 408 Harrison Avenue, Apt. 10 Cape Canaveral, FL 32920 Cell Phone — 321.412.2153 Agenda Item — City Manager Position (Todd Morley Appointment) See attachment — 399 word count! Sent from Mail for Windows 10 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 2 I moved form Baltimore to Cape Canaveral in 1991, I have been a Cape Canaveral resident, property owner and tax payer for thirty (30) years. For many years, I have walked my family dogs around the Canaveral City & Sandpiper Parks. After retiring eight (8) years ago, I stroll the perimeter sidewalks of these Parks several times per day. I have been picking up trash and debris, reporting safety issues, alerting authorities when I observe evidence of vandalism and/or criminal activity. Recently, the magnitude of trash & debris not being address by the City of Cape Canaveral has increased dramatically. On many occasions, I have observed City Maintenance Workers failing to identify and take immediate action to mitigate safety issues, alleviate trash accumulation and monitor the performance of City Contractors provide waste removal services. I tied unsuccessfully to work with Gustavo Vergara, the City's Leisure Services Director, to improve his staff's performance. After offering to share my observations on Social Media in order to help Mr. Vergara to acquire additional resources and support. The interim City Manager, scheduled a meeting held on Thursday, 13Feb20. At that meeting, I provided Mr. Morley with a list of issues not being addressed by Mr. Vergara's staff and provided suggestions for possible solutions. I expected Mr. Morley to offer his support and take action to realign Mr. Vergara's priorities, ultimately improving his staffs performance related to keeping the City Parks free of trash & debris. And, without question, elevate their ability to identify and mitigate safety issues impacting City workers, residents and visitors to the Parks. To my surprise, Mr. Morley stated that he and Mr. Vergara felt threatened by me, as a result of the evidence that I compiled, documenting their staffs poor performance. Also, Mr. Morley clearly expressed that they (and the City) were fearful of negative Social Media exposure. For months following this meeting, Mr. Vergara's staff failed to improve their behavior until only recently after I once again, suggested using Social Media to inspire change. I think Mr. Morley is a good person but his outward close relationship with his subordinates is negatively impacting his efficacy as a manager. As a result of my experience interacting with Mr. Morley to accomplish what should be considered a simple task, keeping City Parks clean and safe. I highly recommend that the City Council consider other applicants for the City Manager's position. From: K Whitten <mommydearest57@hotmail.com> Sent: Monday, June 15, 2020 9:35 PM To: Public Comments Subject: Hiring of a new city manager. Public hearing. 6/16. We would like to voice our opinion on this. Make shareable to be read at meeting. Follow Up Flag: Follow up Flag Status: Flagged Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org We are writing in on the decision about the hiring of a new city manager. We think it would be in the best interest of the city to hire a recruiting firm and find us the best person available. We were at the meeting when the mayor wanted to slide Todd Morley in as the new "city manager" because Todd already worked for us. I do believe Mr Morley would be able to apply as well to the recruiting firm if he would like the position. If Mr Morley is the best candidate for the position and he gets hired by this firm then it won't look like a "back door deal" set up by the Mayor and his council. And everything will be on the up and up. This is a very good paying position and I think that the taxpayers of the city are at least entitled to the best person qualified for the job. The most qualified with the most experience. We won't know who this would be unless we look. The Mayor had mentioned in the public meeting that he did not want to "waste" thousands of dollars on a recruiting firm and that he thought Todd was the best person for thejob. That was the Mayors opinion. This is not wasting the TAXPAYERS dollars. In the end if you get the best person for thejob it will be well worth the money spent. And if it's Mr Morley the firm picks, then so be it. Its a decision that was made from the outside. Spend the money. Be legit. Be above board. Hire the recruiter. Let them decide who's the best hire. Thank You for your time. Karen Whitten/Ron Woods. 420 Harrison Ave Cape Canaveral Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing From: Tom Fungello <tcf32920©gmail.com> Sent: Tuesday, June 16, 2020 9:26 AM To: Public Comments Subject: City Manager for the City Of Cape Canaveral. Follow Up Flag: Follow up Flag Status: Flagged Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, I am unable to attend tonight's meeting, however I would like to provide some comments regarding hiring the next city manager for the City Of Cape Canaveral. The separation agreement the City executed with the former city manager David Greene was done in a way that upset a lot of citizens, myself included, because the City did not properly notify the citizens and rushed the decision which did not allow for further public comment. I would highly recommend the City use an executive recruiting consulting firm to look at other candidates which the current interim city manager would have an opportunity to apply for as well, so the City will not be at risk of not following the best process in hiring a city manager in the same way of not following the process in separating from the last city manager. Hiring the city manager is going to be the most important decision the City will vote on as a counsel and the operational/financial risk of not making the right choice could be detrimental to the future of our city. Citizens deserve the highest level of due diligence. Thank you. Thomas C Frungillo 231 Canaveral Beach Blvd Cape Canaveral, FL 32920 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email 8 address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 9 From: Linda Hagen <newlinda59@gmail.com> Sent: Tuesday, June 16, 2020 1:09 PM To: Public Comments Subject: Public Comment for June 16 City Council Meeting Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org As a voting citizen of Cape Canaveral, I insist on the publicizing of the City Managers' position. Our city deserves to have the most qualified person not the most convenient person in this important position. Our city deserves to have a person who is "chosen on the basis of executive and administrative qualifications" as stated in our City Charter. Also, the requirement to live within our city limits is important to the overall success of the city manager position. Working in the city "Taj Mahal" is not the same as living in our city. Please vote to publicly announce the vacancy of City Manger. Sincerely Linda Hagen Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 12 From: Ron & Carol Willard <rwillard16@triad.rr.com> Sent: Tuesday, June 16, 2020 1:28 PM To: Public Comments Subject: City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, Whenever one is going to spend a good deal of money, whether on new appliances, a new vehicle or installing hurricane shutters, most people want at least two and preferable three options or bids. The City should be no different. A salary of $160,000 is a LOT of salary, especially to a tiny city such as ours. It seems a good number of viable candidates might be interested in a position such as this. We would sell ourselves short if we did not see what interest advertising this position would garner and be able to look among interested candidates to find the best fit for the city. It might be our interim manager. It might not. But we owe it to ourselves to see what potential is out there. Thank you for your consideration. Carol Willard 8472 Ridgewood Avenue, Unit 201 Cape Canaveral, FL 32920 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 13 From: David Baska <dfbaska©gmail.com> Sent: Tuesday, June 16, 2020 1:28 PM To: Public Comments Cc: Wes Morrison; Jennifer Glick Subject: City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, We support conducting an employment search for a City Manager. David and Jennifer Baska 388 Harbor Drive Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 14 From: Charles Chadwick <cjckdc@aol.com> Sent: Tuesday, June 16, 2020 1:28 PM To: Public Comments Subject: City manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, I would like option 2 Thank you Charles Chadwick Sent from my iPad Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 15 From: Steve Miller <outlook_C663AA8C732DC90A@outlook.com> on behalf of Steve Miller <bfszqbn@gmail.com> Sent: Tuesday, June 16, 2020 1:30 PM To: Public Comments Subject: City Manager vote Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I approve of the job the interim Manager is doing. There is no need to spend city funds for a search when we have a qualified Manager who has deep experience with the city. Steve Miller 8657 Maple Ct. Sent from Mail for Windows 10 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 16 From: Kathryn Rooney <kathy.rooney32926@gmail.com> Sent: Tuesday, June 16, 2020 1:32 PM To: Public Comments Subject: Re: City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org In the current times with a loss of revenue to our city and communities around us, we should conserve our tax dollars and not look for another city manager when we currently have an acting city manager that can do the job. Thank you Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 17 From: Pete7843 <pete7843@yahoo.com> Sent: Tuesday, June 16, 2020 1:32 PM To: Public Comments Subject: City Manager Search Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org As a year round resident and career HR professional I encourage the City Council to conduct a recruiting effort to fill the City Manager role. There are many good professional recruiters that can conduct this search on a per hour basis rather than a percentage of the first year's compensation. This can cut recruiting costs by as much as 80%. Thanks for your consideration. Regards, Kathy Scott Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 18 From: Marlene <mardusz@aol.com> Sent: Tuesday, June 16, 2020 1:39 PM To: Public Comments Subject: New City Manager Position Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, We, without a doubt need to interview for this new City Manager position. The Salary is extremely outrageous in the scheme of things in Brevard County Florida and all possibilities need to be explored. Marlene Dusz 432 Madison Ave Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 19 From: Janet P Magee <jlpm1115@aol.com> Sent: Tuesday, June 16, 2020 1:39 PM To: Public Comments Subject: I support Option 2 Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I agree with you. We should conduct a search for a choice in candidate to fill the position. Janet Magee Honorable Mayor & City Council, Sent from Janet's iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 20 From: Candace Spencer <Candace@candacespencer.com> Sent: Tuesday, June 16, 2020 1:45 PM To: Public Comments Subject: City Manager position Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor Please conduct an employment search for our City Manager. Candace A Spencer Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 21 From: Denise Castello <denise.castello@outlook.com> Sent: Tuesday, June 16, 2020 1:46 PM To: Public Comments Subject: City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org It is my opinion that we conduct an employment search for the City Manager position. Sincerely Denise Castello Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 22 From: Shawn ()Hagan <ohagan007@yahoo.com> Sent: Tuesday, June 16, 2020 1:47 PM To: Public Comments Subject: City manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, I believe it would be in the best interest to choice OPTION 2: Conduct an employment search to consider other candidates. While this might incur some spent revenue, it would bring fareness to selecting the best candidate for the job. I choice option B to search for other candidates that might be a better fit for the position of City Manager. Respectfully yours, Shawn O'Hagan 8735 Seagrape Court Cape Canaveral, Fl 32920 Ohagan007@yahoo.com 321-626-4399 Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 23 From: Tina (Tina) <tina.rose.freeman@gmail.com> Sent: Tuesday, June 16, 2020 1:54 PM To: Public Comments Subject: To be read at city council meeting on June 16, 2020 Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org To the Honorable Mayor and City Council of Cape Canaveral: > We understand that a decision is pending regarding the hiring process of the next city manager. Upon discussion by our condo community, we firmly believe that a search firm be engaged to put forth the best candidates for the job, rather than simply handing the position to the "heir apparent." Certainly, the cream will rise to the top, and the interim city manager may be one of those. But we won't know if we don't put out our feelers and if an executive search is not conducted. > With the job market what it is, surely there will be many outstanding candidates capable of serving the city and our elected officials in the capacity as city manager. Competition is a good thing, just as we prefer the city obtain competitive bids for tax payer funded projects. This is no different. There certainly should be a due diligence process of hiring for the position as important as this one. The City Manager can have a very big impact in so many ways, and it's important that the hiring process be taken seriously, a process in place for doing so, and not be a quick fix. The citizens of Cape Canaveral deserve as much. We would appreciate your consideration of our request. > Tina Freeman > On behalf of Sand Pebbles Condominium Association > 504 Fillmore Avenue > Cape Canaveral Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 24 From: Suzie Hewitt <respectthepepper@gmail.com> Sent: Tuesday, June 16, 2020 1:54 PM To: Public Comments Subject: Hiring of a city manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Hello, I am a permanent resident of cape canaveral and as such I would like the opportunity for fresh eyes. This is a coveted position and for too long people in these types of positions are too comfortable and don't accomplish very much. I would like to see improvement, change, diversity and new ideas. Not the same old people kicking their feet up and doing the same old things. Collecting checks for doing the bare minimum. It's time to grow outside of our comfort zones. I am a 47 year old woman who still works and would like to see my local government reflect the needs and concerns of the entire community. Thank you, Susan H. Cape shores condominiums Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 25 From: Me <coopermun@yahoo.com> Sent: Tuesday, June 16, 2020 2:02 PM To: Public Comments Subject: For option 2 Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, Thanks for asking. Option 2 search please. Thanks. Remove plethera of signs from Center Street City Park. In 7 years, went from beautiful view to trash signs and what is with "THE SPACE BETWEEN" sign blocking the view of the space right in front of you? Petition? Mangroves Blue Tape a boondoggle for mangroves farmers, right? - Over regulation. Trained horticulturalists could PRUNE. Know what that is? Why you prune? Like Karate Kid... "snip snip here...Snip snip there..." Helps grow stronger, right? Thanks to all our councilors for making our city of Cape Canaveral the special town it is. Peace be with ya'll. Regards, Henry Cooper Realtor (R.) REALTY CENTER www.HenryCooper.com 26 Henry A Cooper B.A. Realtor (R.) REALTY CENTER 321-287-3692 Coopermun@icloud.com www.HenryCooper.com Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 27 From: Richard Parent <rparent@cfl.rr.com> Sent: Tuesday, June 16, 2020 2:02 PM To: Public Comments Subject: City Manager voting process Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, MY POSITION is that we should choose OPTION 2 to conduct an employment search to ensure that we have taken all of the proper procurement processes in making a decision. I believe it is imperative to follow a similar process just like the city does if we are going to take on a capital expenditure like hiring a lawn service contractor. Thank you, Richard Parent Cape Canaveral, FL Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 28 From: Eric Holland <eho112002@yahoo.com> Sent: Tuesday, June 16, 2020 2:02 PM To: Public Comments Subject: City Manager Position Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org City Council, Would like to convey my opinion that the City Manager position be advertised publicly or utilize a professional recruiting service. How would you know if the correct person was hired for this vital position without reviewing numerous resumes and comparing them? Was rather shocked to learn this process was not started some 8 or 9 months ago when the interim position was appointed. Encourage the Interim City Manager to apply as well but would hate to think this position was filled by a "good ole boy network" within city government. Thank you for your time. Eric Holland Cape Canaveral resident Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 29 From: gwienandgswcape <gwienand@cfl.rr.com> Sent: Tuesday, June 16, 2020 2:09 PM To: Public Comments Subject: council meeting June 16, 2020 Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, #1 FILLING THE CITY MANAGER POSITION I would like to pass on my concern and opinion on the issue of hiring a permanent city manager. We all are aware that this position is extremely important and the city must make certain that they are getting the best person for the job. As with any business considering fulfilling such an important, the position would be advertised and the city will conduct an employment search. Granted, this will require some capital and time from the city staff, but as citizens, we deserve the highest degree of talent. Therefore, of the two options being presented, I overwhelmingly favor option #2: CONDUCT AN EMPLOYMENT SEARCH. #2 SPEED LIMIT SIGNS I would like to thank the city for installing an ALL WAY STOP at the intersection of Madison Ave and Magnolia Ave. As you know, a presentation of the traffic problem was presented in a previous council meeting along with 100 signatures. This is a partial solution. The city made a comment at this meeting that a traffic study needs to be made city wide, especially the presidential streets. I have polled the neighbors in the 300 block of Madison Ave and we are pleading with the city to add speed limit signs as there are none at this time in the 300 block. Additionally it would be prudent to install signs indicating children, bicycles and pedestrians are. As has been done on other presidential streets where speeding traffic is an ongoing problem install a speed HUMP (gradual hump) placed near the middle of the 300 block. Warmest regards and thank you for your service, Gary S. Wienand 312 Madison Ave Cape Canaveral, FL 32920 Sent from Mail for Windows 10 30 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 31 From: Bren WentzGold <wentzgold@sbcglobal.net> Sent: Tuesday, June 16, 2020 2:16 PM To: Public Comments Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, Option 2 - a full search for qualified person Sent from AT&T Yahoo Mail on Android Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 32 From: kirk smith <kscocoabeach@yahoo.com> Sent: Tuesday, June 16, 2020 2:18 PM To: Public Comments Subject: CITY MANAGER Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org You know what you have , if you feel the job has been handled well , why would , go any further . Knowing is better then gambling on what you might get . Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 33 From: Shannon <csroberts@cfl.rr.com> Sent: Tuesday, June 16, 2020 2:19 PM To: Public Comments Cc: Shannon Roberts Subject: City Manager Position Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, I understand Council is considering the City Manager position at the Council meeting this evening. Todd is to be commended for the excellent job he has been doing during the transition period immediately following the prior City Manager. At this time, I believe the Council, City, Staff, and residents would benefit greatly from an external search based on clearly defined roles, responsibilities, and expectations of the new City Manager. This would enable Todd to apply in that context with other interested candidates, providing the City the opportunity to consider candidates with a variety of perspectives and a wealth of expertise and experience to contribute to the City. To know we have made this concerted effort to reach outwards and learn from external sources and possibilities before us as it relates to this key leadership position can only help the City plan forward more effectively for a positive and progressive future. Best regards, Shannon Shannon Roberts 703 Solana Shores, #501 Cape Canaveral, Florida 32920 Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email 34 address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 35 From: William Kehoe <kresfl@yahoo.com> Sent: Tuesday, June 16, 2020 2:23 PM To: Public Comments Subject: City Manager search Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Please acknowledge this email and read it into the public record. My name is Bill Kehoe and I live at 204 Holman Road, unit 2 in Cape Canaveral. I am writing today to express my support for hiring an Executive search firm to identify the best possible candidate for the open City Manager position. In the interest of transparency, it is imperative that this Counsel ensures the citizens of Cape Canaveral that they made a diligent search for a new City Manager. This is why an executive search firm should be utilized. If the interim City Manager has an interest in the position, he should apply. If it determined that he is the best candidate for the job, then offer the job to him. If he is not the best candidate, the process worked in the manner in which it was designed to work. This Counsel can not afford to make an ill informed decision as important as selecting a new City Manager without knowing that a diligent search for the best candidate was undertaken. The City of Cape Canaveral's future direction is in the balance. Respectfully, Sent from my iPad Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 36 From: Roseann Bohar <rbohar@gmail.com> Sent: Tuesday, June 16, 2020 2:23 PM To: Public Comments Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, I hope this email finds you well. I would like to express my desire to see the City expand its search for a permanent City Manager. This position is one which will guide the growth of our City. We need to expand our search to seek the best and brightest to support our goals. Doing so will benefit all residents. I hope you take this into consideration. Thank you for your time and attention to this matter. Roseann Bohar Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 37 From: Pat Campbell <patrickcampbell@cfl.rr.com> Sent: Tuesday, June 16, 2020 2:27 PM To: Public Comments Subject: City Council Meeting 6/16/2020 Comments to Item for Action 5 Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I submitted a public record request: In the meeting on 4/21/2020 mayor mentioned emails he received concerning Todd Morley as City Manager. I would like to see all emails to the mayor over the period Mr. Morley has been City Manager concerning Mr. Morley continuing as City Manager. 6 emails were returned. 2 supported a search for candidates, 3 supported appointing Todd. 1 had nothing to do with Tood being permanent. On 4/21/2020 Mr. Hoog announced that he has talked to two head hunters and was told to keep who he has, no one better out there. Public record request revealed Mr. Hoog's actions as saying " the following persons I have conversation with regarding request for "Head Hunters" , where verbal, no records, are Dr. Tom Freijo and Wm. Redman." Mr. Freijo has executive recruiter credentials Redman does not. I would like to know what criteria Mr. Freijo evaluated to determine there is no one better out there. I also would like the City to use an executive recruiting firm to search for candidates using at least a well defined set of requirements, expectations, vision for the City and essential functions. Email summaries Results, 6 emails Email 1 I believe you owe the citizens of Cape Canaveral a search of qualified candidates. It does not need to be a nation-wide search. It would probably make more sense to limit the search to the State of Florida or, at the most, the Southeastern part of the country. Email 2 : for other positions in the city government you advertise the opening, collect applications, rate them and interview the best applicants before making a job offer. Why would you choose to do otherwise for the most important hiring action with some of the most significant potential consequences that it is possible for a city council to take? Email 3 The city needs to drop the interim city manager title and replace it with. CITY MANAGER - Todd Morley. Email 4 Todd Morley deserves the job as City Manager of Cape Canaveral. He has done the job very well and should be placed in the job. Email 5 highly recommend that the City Council strongly considers Todd Morley for the permanent position of City Manager. Email 6 no reference to permanent city manager Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email 38 address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 39 From: Tassos Abadiotakis <tabadiotakis©cfl.rr.com> Sent: Tuesday, June 16, 2020 2:28 PM To: Public Comments Subject: City Manager position Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, A thorough employment search should be conducted to hire our next city manager. This is a critical decision for our future and I'm sure the acting manager will be considered for the position as well as other qualified candidates. Insuring a fair process is utilized is important in our highly polarized political environment. Tassos Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 40 From: Pat Ouellette <madame_ouellette@hotmail.com> Sent: Tuesday, June 16, 2020 2:32 PM To: Public Comments Subject: Fw: 4 PM DEADLINE on City Manager Vote Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org From: Councilman Wes Morrison <w.morrison@cityofcapecanaveral.org> Sent: Tuesday, June 16, 2020 1:18 PM To: Patricia <madame_ouellette@hotmail.com> Subject: 4 PM DEADLINE on City Manager Vote View this email in your browser Patricia, I hope all is well! We have a 4:00 pm deadline to submit a short public comment email regarding a crucial issue today and I am asking for your help. The agenda item gives us two options on hiring our next City Manager which will be discussed tonight at 6:00 pm. Hiring a City Manager is the most important decision we will vote on as a Council and not making the right choice could be detrimental to the future of our city. The City Manager is essentially the CEO of our city who is in charge of the entire staff and administration. Previously, this position held a salary of approximately $160,000/year + benefits. Tonight, we will have two options: 41 OPTION 1: Appoint our current Interim (Acting) City Manager to Permanent City Manager, which will result in drafting a contract to be executed at a future meeting. OR OPTION 2: Conduct an employment search to consider other candidates. The current Interim City Manager would have an opportunity to apply if we went this route, as well. To date, this position has not been advertised publicly. MY POSITION is that we should choose OPTION 2 to conduct an employment search to ensure that we have taken all of the proper procurement processes in making a decision. I believe it is imperative to follow a similar process just like we do if we are going to take on a capital expenditure like hiring a lawn service contractor. In my opinion, you as a citizen deserve the highest level of due diligence. Opponents of this have argued that a search will cost money depending on the method of search used. While that is true, I believe it is worth the investment. While we may have personal feelings that the current interim City Manager is the right choice I believe this position is too critical to not look at all other options before coming to a decision. You may have heard me say this many times before. I am all about the process and I hope that you would consider helping communicate how you feel by clicking here which will start an email that you can customize with your thoughts on how this process should be conducted or voted upon. Just remember it needs to be sent before 4:00 PM and it can be no longer than 400 words and you can send your email to PublicComments@CityofCapeCanaveral.org Your help is greatly appreciated on this very important issue. Also, the City Hall will be open if you would rather attend in person and speak on the issue at 6:00 PM. No need to meet the deadline at 4:00 PM if you are coming to the meeting in person, online webinar or 42 dialing in by phone. All public participation instructions can be viewed by clicking here. The Council Agenda and details on tonight's meeting (which will be held in -person at City Hall AND Virtually On GotoWebinar) can be found clicking here. Thank you, Wes Morrison City Council Member City of Cape Canaveral CaII/Text Mobile: 321-593-2335 The views and statements in this email are those of Councilman Wes Morrison and do not represent the City of Cape Canaveral and or any others. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Want to change how you receive these emails? You can update your preferences or unsubscribe from this list. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 43 From: Linda Weinberg <oklawaha@gmail.com> Sent: Tuesday, June 16, 2020 2:34 PM To: Public Comments Subject: City Manager selection Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, I appreciate the thoughtful consideration and efforts each of you have put into the selection of your next city manager. Having worked in Orange County Government for over twenty years, eight of which were as deputy county administrator, I understand how critical the position of manager is. It is my understanding that at tonight's meeting you will consider two options on this issue. One option is to conduct a search for potential candidates and the other option is to select your acting city manager as the new city manager and negotiate a contract. I would like to encourage you to opt for conducting a search. A search does not have to be extremely time consuming or expensive. You could, of course, contract a company to conduct the search for you (which might cost more than what you want to pay) but you could also fairly easily do such a search in-house - developing your minimum requirements, advertising within the state through the League of Cities or Florida Association of Counties (easy and inexpensive ways to get the word out), having a small committee of senior city staff assist HR in selecting candidates and conducting interviews and making recommendations to the Council. By conducting a search you may find that there are stellar candidates out there with qualifications/abilities you never considered. Or you may find that your acting city manager is the best candidate. Either way, at the end of the process you will know that you got the best person for the job. If the selection turns out to be your acting city manager, you did not waste time or money because by engaging in the competitive process your city manager will have proven their qualifications and abilities match or exceed "what's out there". It gives both the city and the successful applicant the confidence to move the city forward. I appreciate the opportunity to weigh in on this issue. I am very pleased with the progress of the City of Cape Canaveral and proud to be a resident. Best regards, Linda Weinberg Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, 44 unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 45 From: Pat Ouellette <madame_ouellette@hotmail.com> Sent: Tuesday, June 16, 2020 2:37 PM To: Public Comments Subject: I choose to conduct an employment search for an Interim City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, I need to let you know that I choose to conduct an employment search for an Interim City Manager. I am well aware of the costs, time, and manpower that will be spent in this endeavor but this position is so important that taking the cheaper/easier way is not an action that I can support. Thank you for giving this matter the attention that it deserves. Respectfully, Pat Ouellette 256 Cherie Down Ln Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 46 From: Tom Collette <tjcollette@yahoo.com> Sent: Tuesday, June 16, 2020 2:48 PM To: Public Comments Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, I vote for option 2 Sent from Yahoo Mail on Android Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 48 From: Ashley Konon <ashley.konon@gmail.com> Sent: Tuesday, June 16, 2020 3:01 PM To: Public Comments Subject: Request for conducting employment search for City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, I request that at tonight's meeting you vote to open the position of City Manager for an employment search. This will give us the best chance to find a person who will be able to take our city forward. Thank you, Ashley Konon 204 Holman Rd, Cape Canaveral, FL 32920 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 49 From: Gary Rickle <sailtime@hotmail.com> Sent: Tuesday, June 16, 2020 3:04 PM To: Public Comments Cc: Councilman Wes Morrison Subject: City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I am in favor of drafting a contract with the current interim City Manager unless there are concerns that he is not capable of performing the required duties. Todd has been with the city for many years has held several positions and appears to have handled them well. I believe the contract offered should not be long term so the council has the opportunity to make a change if it becomes necessary. The other alternative of going outside to look for candidates is a long and expensive, one that will probably result in someone who has already held the position and will not have Todd's insight. Virus -free. www.avq.com Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 50 From: Electra Jinks <jinkselectra2@gmail.com> Sent: Tuesday, June 16, 2020 3:06 PM To: Public Comments Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, Option 2 should be. Really need someone to took notice of how run down CocoaFL is becoming . I've back from being gone couple of years and I'm shocked how much my city has gotten. You can just go over the bridge and whole different vibe and cleanest. Needs to be cleaned up and camels are running over looking very nasty and must I say health problem. Let's get Cocoa back Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 51 From: Gary Rickle <sailtime@hotmail.com> Sent: Tuesday, June 16, 2020 3:10 PM To: Public Comments Cc: Wes Morrison Subject: City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I am in favor of drafting a contract with the current interim City Manager unless there are concerns that he is not capable of performing the required duties. Todd has been with the city for many years has held several positions and appears to have handled them well. I believe the contract offered should not be long term so the council has the opportunity to make a change if it becomes necessary. The other alternative of going outside to look for candidates is a long and expensive, one that will probably result in someone who has already held the position and will not have Todd's insight. Virus -free. www.avq.com Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 52 From: jerrimae.ross@gmail.com Sent: Tuesday, June 16, 2020 3:14 PM To: Public Comments Subject: Hiring a City Manager Comments Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Members of the City Council, I am writing in support of the city conducting an employment search to consider other candidates for the City Manager's position. This allows the citizens of Cape Canaveral to ensure we are hiring the most qualified person for this most powerful position in our city. The current Interim City Manager would have an opportunity to apply and interview along with all other candidates. The job posting needed to be advertised for a period of no less than 14-days to ensure you receive adequate number of applicants. This approach allows for the city to be free from any type of discrimination lawsuits or protest of favoritism to current employees. We the citizens have the right to request such action from our council members. Thank you for your time Jerri-mae Ross Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 53 From: wtuomela@cfl.rr.com Sent: Tuesday, June 16, 2020 3:16 PM To: Public Comments Subject: Cape Canaveral City Manager Hiring Options Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org When hiring for any important position, especially a City Manager, the process should include advertising the open position using ajob placement agency. From my personal experience in the Aerospace Industry, one excellent source h used was Indeed. The position description will go to a very large body of people and the screening process makes it fairly easy to narrow your prospects to ajust a few. Review of at least at least a few applicant resumes, then selecting a couple of the best prospects for interview is the proper way to complete this task successfully. Thanks for your time, William Tuomela 201 International Drive Cape Canaveral, FL Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 54 From: Patrick Campbell <campbelp@yahoo.com> Sent: Tuesday, June 16, 2020 3:17 PM To: Public Comments Subject: City manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, Please use an executive recruiter to give us the greatest possibility of getting the best City Manager possible. Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 55 From: Julie Cloney <jmc@cloney.com> Sent: Tuesday, June 16, 2020 3:19 PM To: Public Comments Subject: City Manager hiring decision Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org My name is Julie Cloney. My address is 550 Jackson Ave. #404 and I have been a Cape Canaveral resident for over 15 years. It is my position that an employment search should be conducted to reach and consider all appropriate and qualified candidates for the City Manager position. Should you have any questions, please do not hesitate to contact me. Julie Cloney 954-648-0686 c. Sent from Mail for Windows 10 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 56 From: rhonda breininger <rhonda3607@att.net> Sent: Tuesday, June 16, 2020 3:22 PM To: Public Comments Subject: Employment search for City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org The City of Cape Canaveral is evolving into one of the leading travel destinations in the World, and it is imperative that the City find a leader that has a cosmopolitan view of this and is able to guide the growth in a way where it benefits both travelers and residents. I believe that it is in the best interest of the City to reach out and find someone who is best qualified to handle the unique challenges future growth will present and lead in ways that preserve the best of Cape Canaveral and focus on improving what is obvious. I am strongly for the City posting a job opportunity to seek out the best candidate for the job. Rhonda Breininger- 426 Jefferson Ave Cape Canaveral, FI Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 57 From: cmm4702@gmail.com Sent: Tuesday, June 16, 2020 3:24 PM To: Public Comments Subject: Option Two Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, It is my opinion that option two should be utilized at this time. As you know there are many qualified people for this position who are separated from their job and might fill our needs. Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 58 From: Brad Pervell <bradpervell@gmail.com> Sent: Tuesday, June 16, 2020 3:37 PM To: Public Comments Subject: Regarding Hiring of City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, Good Evening, Regarding above subject. 1. For your reference many citizens are dissatisfied/uncomfortable on how the former City Manager performed his duties, how he was discharged, and his golden parachute. 2. This is nothing against the current Acting City Manager, Mr Morley, but I believe we (the City) should hire an executive search company for TOTAL TRANSPARENCY. 3. The cost of the executive search agency will less than the other gentleman's supposedly 6 figure golden parachute. 4. Since many of the City Council members either own a local business or have interests in local businesses - this will clear any discussion about possible current or future cronyism for the new hire. 5. I encourage Mr Morley to apply - if he is the best person - so be it. 6. The Cape is on the verge of great growth. Let us find the best person for the position. 7. I would also include a relocation package in the proposal - so the new permanent City Manager can live and enjoy The Space Between. Thank you Brad Pervell 714.612.0814 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 59 From: Bob Nienstadt <outlook_8DDC0F693307A4DB@outlook.com> Sent: Tuesday, June 16, 2020 3:41 PM To: Public Comments Subject: City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, I think Todd has a done a good job since he has been with the city and I see no need to drag this on any longer. Thanks, Bob Nienstadt Sent from Mail for Windows 10 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 60 From: Kimberly Fobert <kimberlyfobert@aol.com> Sent: Tuesday, June 16, 2020 3:41 PM To: Public Comments Subject: Fwd: 4 PM DEADLINE on City Manager Vote Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org From: kimberlyfobert@aol.com To: w.morrison@cityofcapecanaveral.org Sent: 6/16/2020 3:38:29 PM Eastern Standard Time Subject: Re: 4 PM DEADLINE on City Manager Vote I am in favor of Option 2 as well. An issue I see in Cape Canaveral is we are starting to get panhandlers on the corners, outside stores and by the beaches. This makes our community look horrible and can effect property values. I also think the apartments on Caroline St are a constant issue with drug dealing, abuse and an overall eyesore. I think the city and fire department could handle several of the issues with simple inspections for safety. Good Luck Wes ! Thank you for your representation. Kimberly Fobert REALTOR ® LCAM (321) 632-7170 KimberlyFobert(a_aol.com Space Coast Realty & Investments Showcase Property Management 101 S. Courtenay Pkwy Merritt Island FL 32952 (321) 783-5000 Fax (321) 868-1090 In a message dated 6/16/2020 1:18:26 PM Eastern Standard Time, w.morrison@cityofcapecanaveral.org writes: View this email in your browser 61 Kimberly, I hope all is well! We have a 4:00 pm deadline to submit a short public comment email regarding a crucial issue today and I am asking for your help. The agenda item gives us two options on hiring our next City Manager which will be discussed tonight at 6:00 pm. Hiring a City Manager is the most important decision we will vote on as a Council and not making the right choice could be detrimental to the future of our city. The City Manager is essentially the CEO of our city who is in charge of the entire staff and administration. Previously, this position held a salary of approximately $160,000/year + benefits. Tonight, we will have two options: OPTION 1: Appoint our current Interim (Acting) City Manager to Permanent City Manager, which will result in drafting a contract to be executed at a future meeting. OR OPTION 2: Conduct an employment search to consider other candidates. The current Interim City Manager would have an opportunity to apply if we went this route, as well. To date, this position has not been advertised publicly. MY POSITION is that we should choose OPTION 2 to conduct an employment search to ensure that we have taken all of the proper procurement processes in making a decision. I believe it is imperative to follow a similar process just like we do if we are going to take on a capital expenditure like hiring a lawn service contractor. In my opinion, you as a citizen deserve the highest level of due diligence. Opponents of this have argued that a search will cost money depending on the method of search used. While that is true, I believe it is worth the investment. While we may have 62 personal feelings that the current interim City Manager is the right choice I believe this position is too critical to not look at all other options before coming to a decision. You may have heard me say this many times before. I am all about the process and I hope that you would consider helping communicate how you feel by clicking here which will start an email that you can customize with your thoughts on how this process should be conducted or voted upon. Just remember it needs to be sent before 4:00 PM and it can be no longer than 400 words and you can send your email to PublicComments@CityofCapeCanaveral.org Your help is greatly appreciated on this very important issue. Also, the City Hall will be open if you would rather attend in person and speak on the issue at 6:00 PM. No need to meet the deadline at 4:00 PM if you are coming to the meeting in person, online webinar or dialing in by phone. All public participation instructions can be viewed by clicking here. The Council Agenda and details on tonight's meeting (which will be held in -person at City Hall AND Virtually On GotoWebinar) can be found clicking here. Thank you, Wes Morrison City Council Member City of Cape Canaveral CaII/Text Mobile: 321-593-2335 The views and statements in this email are those of Councilman Wes Morrison and do not represent the City of Cape Canaveral and or any others. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 63 Want to change how you receive these emails? You can update your preferences or unsubscribe from this list. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 64 From: Ronald Loynes <ronfish3474@gmail.com> Sent: Tuesday, June 16, 2020 3:43 PM To: Public Comments Subject: Hiring Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, We must publicize this job position and follow normal hiring procedures, period. If the current "acting" person is the best choice they will win out. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 65 From: Chris Cloney <ccc@cloney.com> Sent: Tuesday, June 16, 2020 3:44 PM To: Public Comments Subject: Employment search for city manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council: I was present at the meeting that terminated the prior City Manager after his private meeting with the Mayor, the details of which were not revealed. A search for a replacement was discussed but basically tabled. Without prejudice to Mr. Morley the equivalent of an RFP should be issued for the position. Given today's technologies there are alternatives to an expensive recruitment effort. Opening the position to qualified applicants who will live in our city can only be in the best interests of the residents. I note that the position is not even listed on the the City's employment website. Also, it seems odd to me that the Council proposes first appointing someone to a position and then negotiating the contract. Shouldn't the salary and benefits be first determined and published before filling that position? Chris Cloney 550 Jackson Ave. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 66 From: Steven Davis <steven.dd@icloud.com> Sent: Tuesday, June 16, 2020 3:44 PM To: Public Comments Subject: City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 67 From: Steve DeYoung <sjdeyoung@gmail.com> Sent: Tuesday, June 16, 2020 3:55 PM To: Public Comments Subject: City Manager Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Honorable Mayor & City Council, I believe you should conduct an employment search for the position of City Manager to include the Interim City Manager. You should find the best person that is qualified for this position. Thank you Sent from my iPad Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 68 From: travelingsteph@hotmail.com Sent: Tuesday, June 16, 2020 12:51 PM To: Public Comments Cc: Stephanie Johnson Subject: Public Comment Registration Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Meeting Date = 06/16/2020 Board Name = City Council Agenda Item Number = 10 Topic = Topic or Subject Matter First = Diane Last Name = Callier Resident = true Street Address = Number and Street City = City Zip Code = Zip Public Comment Statement = Comment on Agenda Item 10 Client IP = 97.103.160.105 <http://ymmeu.mailtrack.me/tracking/raWzMz50paMkCGH5AmH0ZmN3BQVzMKWjgzA2pzSagaR9AwN0AGLj AGNmWD.gif> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i From: travelingsteph@hotmail.com Sent: Tuesday, June 16, 2020 1:10 PM To: Public Comments Cc: Stephanie Johnson Subject: Public Comment Registration Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Meeting Date = 06/16/2020 Board Name = City Council Agenda Item Number = 5 Topic = Topic or Subject Matter First = Diane Last Name = Callier Resident = true Street Address = Number and Street City = City Zip Code = Zip Public Comment Statement = Comment on Agenda Item 5 Client IP = 97.103.160.105 <http://vnhde.mailtrack.me/tracking/raWzMz50paMkCGHSAmHOBGR3ZwZzMKWjgzA2pzSagaR9AwN0AGLjAG NmWD.gif> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 2 From: travelingsteph@hotmail.com Sent: Tuesday, June 16, 2020 2:29 PM To: Public Comments Cc: Stephanie Johnson Subject: Public Comment Registration Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Meeting Date = 06/16/2020 Board Name = City manager hiring Agenda Item Number = ## Topic = New city manger First = David Last Name = Downing Resident = true Cape Canaveral Property Owner = true Street Address = City = City Zip Code = Zip Public Comment Statement = I am writing in reference to the possible decision of another back door deal to hire Todd Morley as the new city manager. In light of the recent debacle concerning the previous city manger and how that was handled by the city council I implore you to embrace "TRANSPARENCY" for a change! I suggest that we utilize a recruiting firm and find the possible, experienced candidate to lead this city into the future. There are many challenges in the future that this city will be facing, and having a proven leader with some new fresh Ideas will ensure our city to prosper. I would hope Todd Morley would apply for the position and if selected so be it, at least it would be an open competition and that TRANSPARENCY " thing, instead of another back door deal from the city council. I do not consider this a waste of money, but an opportunity to hire the best qualified person to take us into the future. No more back door deals, spend the money, be above board. Thank you for allowing me to express my opinion. Client IP = 97.101.215.77 <http://gdwgf.mailtrack.me/tracking/raWzMz50paMkCGH5AmH3ZQVIAwVzMKWjgzA2pzSagaR9AwN0AGLjAG NmYN.gif> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do 3 not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 4 From: Pat Campbell <patrickcampbell@cfl.rr.com> Sent: Tuesday, June 16, 2020 2:47 PM To: Public Comments Subject: City Council Meeting 6/16/2020 Comments Agenda Item 8 Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org The item submitted by Ms Raymond does not pertain to the Code of Conduct. The City Ordinances require meetings be managed within the scope of Robert's Rules of Order with the Mayor as the presiding officer. Robert's Rules of Order have well thought out and specific speaking time allotments. The City is obligated to use Roberts Rules of Order, the Mayor is obligated to manage to it. First do what the Ordinance says and if you feel it needs to be changed do it properly. Sec. 2-61. - Parliamentary procedure. Except as may be provided in the Charter or in this division, questions of order, the methods of organization and the conduct of business of the council shall be governed by Robert's Rules of Order, Newly Revised, in all cases to which such rules are applicable. (Code 1981, § 271.01) Sec. 2-62. - Presiding officer. The presiding officer of the council is the mayor. The council shall annually elect a mayor pro tem at the first regular meeting after the day of the general city election and the mayor pro tem shall preside over the council in the absence of the mayor. The mayor shall assume the chair as presiding officer at the next regular meeting after his or her election. The presiding officer shall preserve strict order and decorum at all meetings of the council. A majority vote of the members present shall govern and conclusively determine all questions of order if a parliamentary decision by the presiding officer is challenged. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 47 Attachment 2 DRAFT CAPE CANAVERAL SPECIAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 and virtually via GoToWebinar Thursday July 2, 2020 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM and read a statement regarding decorum and virtual participation. Council Member Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mayor Council Member Council Member Council Member Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond Others Present: City Manager City Attorney City Clerk Deputy City Clerk/Organizer HR/Risk Management Dir./EOT Incident Commander Capital Projects Director Public Works Services Director Cultural + Community Affairs Director Community Development Director Leisure Services Director Canaveral Fire Rescue Chief Brevard County Sheriff's Office Lieutenant Brevard County Sheriff's Office Commander PUBLIC PARTICIPATION: None. AGENDA ITEM: Todd Morley Anthony Garganese Mia Goforth Daniel LeFever Melinda Huser Jeff Ratliff Jim Moore Molly Thomas David Dickey Gustavo Vergara Dave Sargeant Joanna Seigel Andrew Walters (arrived 7:57 p.m.) 1. Discussion regarding temporarily prohibiting the use of public beach -end parking spaces within City rights -of -way for beach access to reduce the spread of COVID-19 and take whatever action Council deems necessary pursuant to City Council Resolution 2020-09 (Covid-19 Emergency Declaration) and applicable law: Mayor Pro Tem Brown explained the Item, shared data regarding the COVID-19 virus, concerns over the Pandemic and the need to protect the health and welfare of citizens. Discussion ensued and included concerns for the safety and well- being of the citizens, the pros and cons of closing beach -end parking spaces, visitors will come to the City whether parking is prohibited at the beach -ends or not, the need to educate people but trust them to do the right thing, masks, ultraviolet light machine purchased by the City, burdening City of Cape Canaveral, Florida City Council - Special Meeting July 2, 2020 Page 2 of 2 DRAFT law enforcement, traffic congestion, restrooms, handicapped parking, Jetty Park, Cherie Down Park, limited local resident access to the beach if beach parking is closed, littering, cross -walks, parking issues during Memorial Day, weather may be a factor over the weekend, fireworks, Staff is ready for the decision but will pay overtime to set up barricades and signage and closing all parks and City Hall and Library parking. City Manager Morley indicated the City does not have enough physical barriers to close all public parking in the City. Discussion ensued. Mayor Hoog opened public comment. Michael Corrigan, resident, property owner and disabled Veteran, expressed opposition to closing beach parking and would be stuck if closed. Dennis Griffin, business and property owner, suggested mandating face masks as a better way of keeping people safe from the virus. Patrick Campbell, resident, commented on poor sound quality, shared his opinion that a change in the procedures regarding emails restricts public participation and expressed beach -end parking should remain open. Debbie Ward, resident, expressed beach -end parking should remain open and encouraged educating the public on how to stay safe regarding COVID-19. Mary Pariseau, resident, expressed being opposed to opening beach -end parking in May, commented CDC guidelines are not being followed on the beach and indicated a plan should be implemented to keep all residents safe. Vicky Price, resident, expressed desire to close beach - end parking until a plan is developed to keep residents safe and suggested two law enforcement officers issue tickets on the beach and one officer patrol parking. Discussion ensued and included keeping residents safe, having a testing site in the City, the impact of traffic into City parks if parking is closed at the beach, distribution of face masks if needed, signage for people to follow guidelines, starting to see the effects of the virus and the increase of infections after Memorial Day, the severe effects of the virus should be enough to keep the beach -end parking closed, all parking should be closed if the beach -ends are and a suggestion to issue a proclamation strongly recommending wearing masks, social distancing and picking up trash. Canaveral Precinct Lieutenant Seigel commented on Precinct staffing levels, indicated a preference for not closing beach -end access parking and shared patrolling activities, procedures and issues dealt with during the period beach parking was closed in the City. Discussion ensued. Canaveral Precinct Commander Walters shared the challenges and costs of closing parking during the holiday weekend including difficulties in scheduling people to work and urged Council not to close beach - end access parking. City Manager Morley stated a Media Alert has been prepared for the press for whichever action the City Council takes. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to temporarily prohibit the use of public beach - end parking spaces within City rights -of -way for beach access to reduce the spread of COVID-19 Friday, Saturday and Sunday. The motion failed 2-3, with Mayor Hoog and Council Members Kellum and Morrison voting against. City Manager Morley read the draft Media Alert into the record. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:23 PM. Bob Hoog, Mayor Mia Goforth, City Clerk Mia Goforth From: Bea Carter <beaken614@icloud.com> Sent: Thursday, July 2, 2020 9:45 AM To: City Clerk Subject: Closing parking in Cape Canaveral for beach Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I support the closing of beach parking for the July 4 th weekend to limit the mass crowding of our beach. Cape Canaveral residents have been diligent in trying to stop the spread of the COVID-19 in our area but with crowds coming into our area from all over, the chances for increased cases will rise drastically. I want to thank the board in advance for listening to the residents and for doing what is best for us. Bertha H. Carter Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Kelly Donahue <kldonahue14@yahoo.com> Sent: Thursday, July 2, 2020 11:45 AM To: City Clerk Subject: Beach Parking Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Hi, I would like to officially submit my support for closing beach parking this weekend in order to help reduce the spread of Covid 19 this holiday weekend. Thank you, Kelly Donahue 111 Harbor Dr Cape Canaveral, FL 32920 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Linda Hagen <newlinda59@gmail.com> Sent: Thursday, July 2, 2020 11:34 AM To: City Clerk Subject: Keep beach parking open -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Keep beach parking open Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Linda Hagen <newlinda59@gmail.com> Sent: Thursday, July 2, 2020 11:31 AM To: Public Comments Subject: Keep Beach parking open -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Keep Beach Parking open Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Angela Raymond <angray8@aol.com> Sent: Thursday, July 2, 2020 11:38 AM To: Mia Goforth Subject: Fwd: How are you? -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Kathy Parks'email. Angela Original Message Subject: Re: How are you? From: Kathryn Parks <divekat3483@gmail.com> Sent: Wednesday, July 1, 2020, 9:57 PM To: Angela Raymond <angray8@aol.com> CC: PLEASE ADD MY NAME TO THOSE SUPPORTING BEACH PARKING CLOSURES!!! Otherwise, the rest of the state will descend upon us over the weekend - NOT a good thing for our community!! Wish I could attend. On Wed, Jul 1, 2020 at 9:53 PM Angela Raymond <angray8@aol.com> wrote: So sorry. I cancelled the meeting for SVDP because of Special Council Meeting to shutter the beach parking! Angela On July 1, 2020, at 9:40 PM, Kathryn Parks <divekat3483@gmail.com> wrote: Susan is taking me back to the doctors office at 9:30 AM - no idea what he's going to do! Will let you know when I do. Love you much for caring and checking on me! This is very scary! On Wed, Jul 1, 2020 at 9:36 PM Angela Raymond <angray8@aol.com> wrote: I didn't want to call but am wondering how you're doing. Angela Kathryn A. Parks i 8924 Puerto Del Rio Drive Unit 501 Cape Canaveral, FL 32910 H - 321-613-3183 C - 859-227-2699 Kathryn A. Parks 8924 Puerto Del Rio Drive Unit 501 Cape Canaveral, FL 32910 H - 321-613-3183 C - 859-227-2699 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 2 Mia Goforth From: CSaskie <csaskie@gmail.com> Sent: Thursday, July 2, 2020 11:53 AM To: City Clerk Subject: Beach Parking Over July 4th Weekend -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Please, please, please close beach parking over the July 4th weekend. I know it will not be an easy decision to make, but in the end we are talking about people's lives - the lives of the residents. This is our home. Where are we supposed to go? Cape Canaveral's covid numbers were really low until the day trippers and tourists started showing up. Have you seen the beach on the weekends versus the week? CDC guidelines are not being followed. Please help the residents of your city. Thank you for your consideration! Crissy Saskiewicz Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Mia Goforth Sent: Thursday, July 2, 2020 10:56 AM To: Im Ironman Cc: Todd Morley; Daniel LeFever Subject: RE: Attending/participating virtually in public meetings and email Importance: High Good morning Mr. Schaffner, There is no packet for this meeting, however we will place your email to the Council, staff and Sheriff Ivey into the official Minutes. Thank you, Mia Goforth City Clerk + Records Custodian + ADA Coordinator City of Cape Canaveral (321) 868-1220 x207 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 From: Im Ironman [mailto:imironman1406@gmail.com] Sent: Thursday, July 2, 2020 6:30 AM To: Mia Goforth <M.Goforth@cityofcapecanaveral.org> Subject: Re: Attending/participating virtually in public meetings Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalertO_citvofcapecanaveral.orq Thanks for reaching out to me Do I need to do anything to get my email in the Council packets ? Shawn On Wed, Jul 1, 2020 at 4:48 PM Mia Goforth<M.Goforth@cityofcapecanaveral.org> wrote: Good afternoon Mr. Schaffner, i Individuals who choose to attend the meetings, in -person or virtually, will be given the opportunity to speak during the meeting. Attached herewith is the Agenda for tomorrow night's Special City Council Meeting at 6pm. Additionally, you will find instructions on how to share your comments/concerns during the meeting virtually, by raising your hand to speak, via the GoToWebinar platform. The Mayor will ask the GTW Organizer/Deputy City Clerk LeFever to recognize anyone who wishes to speak under Public Participation and/or during Public Comment. Thank you for reaching out to your City officials. City staff is working to ensure all pertinent emails (including yours below) and written correspondence will be gathered and provided to the City Council prior to 12 Noon the day of this meeting. In an effort to keep the meeting running efficiently, emails and correspondence will not be read aloud into the public record by Staff. However, all of the emails/correspondence collected will be attached to the meeting minutes. If you have questions or need assistance, please contact me. Have a great evening! Mia Goforth City Clerk + Records Custodian + ADA Coordinator City of Cape Canaveral (321) 868-1220 x207 100 Polk Avenue P.O. Box 326 I Cape Canaveral, Florida 32920 Original Message From: Todd Morley Sent: Wednesday, July 1, 2020 2:11 PM To: Mia Goforth<M.Goforth@cityofcapecanaveral.org> Cc: Daniel LeFever<D.LeFever@cityofcapecanaveral.org> Subject: FW: Do the right thing and be a leader for the July 4th weekend Mia, Please see below and provide a response to Mr. Schaffner. 2 Thanks, Todd Todd Morley Interim City Manager City of Cape Canaveral (321) 868-1220 x218 100 Polk Avenue P.O. Box 326 Cape Canaveral, Florida 32920 Original Message From: Im Ironman[mailto:imironman1406@gmail.com] Sent: Wednesday, July 1, 2020 1:07 PM To: Angela Raymond <A.Raymond@cityofcapecanaveral.org>; Bob Hoog <B.Hoog@cityofcapecanaveral.org>; Mickie Kellum<m.kellum@cityofcapecanaveral.org>; Mike Brown <M.Brown@cityofcapecanaveral.org>; Todd Morley <T.Morley@cityofcapecanaveral.org>; Wayne.Ivey@bcso.us; Wes Morrison <W.Morrison@cityofcapecanaveral.org> Subject: Re: Do the right thing and be a leader for the July 4th weekend Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Remember to review the raw sewage report from launch week when you vote tomorrow night! 3 People will still shop and visit our businesses on the way to Cocoa Beach. Please protect our community by closing parking and not allowing everyone to park at the library, city hall, streets or baseball fields. I know you will not close the beach. Our community has turned into a vacation rental nightmare for our residents. Be a leader and a change agent. The government leaders above you have given you control - Do something please. How do I get my thoughts and concerns included in the special meeting. I will not attend because people will not mask up. Thanks Shawn Schaffner On Mon, Jun 29, 2020 at 6:13 PM Im Ironman <imironman1406@gmail.com> wrote: > Enforce the firework law > Close the beaches. > Close parking. > Mandatory masks > Enforce the 7 day rental law > Quit trying to make the tourists happy! 4 > protect our residents. > I will pay taxes versus getting COVID 19 from a tourist or Orlando resident. > Shawn Schaffner Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 5 Mia Goforth From: Elana <elana@twopalms.com> Sent: Wednesday, July 1, 2020 6:42 PM To: City Clerk Subject: Closing beach parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Dear City Council members, We urge you to protect Cape Canaveral residents by closing the beach parking over the upcoming holiday weekend. The exponential increase in our local Covid-19 rates began shortly after the last holiday weekend and the astronaut launch. Out of towners crowding the beach make it difficult for residents to safely socially distance. Furthermore, it seems that the cars with out of state plates are the ones discarding trash into the streets. As homeowners, we need to weigh the risk of picking up potentially infected trash off of our yard, or leaving it there to blow around. Thank you for your consideration, Elana and Jim Whitehead Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: THERESE ZYHOWSKI <zyhowskit@comcast.net> Sent: Thursday, July 2, 2020 12:59 AM To: Mike Brown; Bob Hoog; Mickie Kellum; Wes Morrison; Angela Raymond Cc: City Clerk Subject: Wearing masks in public indoor places in cape canaveral Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Therese and Gregory Zyhowski 425 Buchanan Ave Unit 506 Cape Canaveral, Florida 32920 July 1, 2020 Mayor Hoog and City Council of Cape Canaveral: To The Honorable Mayor Hoog and Cape Canaveral City Council Members: My husband and I are residents of Cape Canaveral and retired educators of high school students. We taught teenagers in a public school outside of Pittsburgh, PA for over 65 years combined. One thing that we learned over our successful careers as math teachers is that punishment for misdeeds does NOT work as well as encouraging and rewarding "good behavior". I had my share of "difficult" students, rebellious, angry, and very opposed to anyone trying to take their "freedoms" away from them. I was able to maintain discipline and get them to follow the rules by rewarding appropriate behavior, like being on time to class —for example, on random days, I gave tickets to students who came to class "on time". At the end of the grading period, I had a raffle for winners to get small prizes like cookies or candy. Of course, those with more tickets had more chances to win and thus, I had little trouble getting all students to my class on time. So, how does this apply to our current situation of getting adults to wear masks while in public indoor places? understand the problems of mandating a rule and enforcing it. So, why not try a different approach? Why not an "all out" campaign to promote "good healthy behavior" in our city? Publicize this effort. Give incentives. This could be anything like tax breaks, free advertising around our city (news stories in print, facebook pages, newsletters from the council, local radio and tv, electronic signs around our city, etc....) for local business that encourage patrons to wear masks. They, in turn could use the same approach, advertise in their ads that they are encouraging masks, take touch free temperatures upon entering like the hospitals do, thank customers for wearing masks, or give small discounts or coupons for future purchases to customers who wear masks while shopping or using the services provided. i This is a "win -win" for all. Our businesses would not suffer by being closed down and people could safely support our economy and slow down the spread of COVID-19 at the same time. You could even adopt a slogan —Make the Cape Healthy or Help America be Healthy Again (HAHA), red , white and blue hat The possibilities are endless and left to those who are more creative than this retired math teacher. In conclusion, have the "good behavior" people encourage the "bad behavior" people to change. This worked well in a classroom of 30 teenagers. It got to the point where those that were difficult became the minority and the ones who wanted to learn policed them without my having to do it. Sincerely, Therese and Gregory Zyhowski I am an active member of the Library Advisory Board (chairperson) , owner of a condo in Cape Canaveral and a rental unit in Cocoa Beach (Ola Grande condos). I am also Secretary of my Sand Dunes Condo Association and my husband , Greg Zyhowski is the treasurer of the Ola Grande Condo Association. I am sending this on behalf of my husband and myself. Therese Zyhowski 412-398-1862 Gregory Zyhowski 412-398-3501 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 2 Mia Goforth From: Anton Alexandrov <antonsalex@hotmail.com> Sent: Thursday, July 2, 2020 4:03 PM To: City Clerk; CouncilMembers Subject: Special Council Meeting -Beach Parking Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I'm in favor of closing beach parking. Thank you! With best regards, Anton Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: allenmj63@verizon.net Sent: Thursday, July 2, 2020 4:19 PM To: City Clerk; CouncilMembers Subject: Special Council Meeting -Beach Parking Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Well Wes my opinion on this is very simple if it causes problems for the sheriffs department and handicapped people then it's a no-go also in case you haven't noticed thunder and lightning predicted for Saturday and Sunday ought to be enough to keep people off the beaches anyway so good luck with your proposal and that would be a no from Yvonne Allen Sent from my Verizon LG Smartphone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Lynne Anderson <travlynne@gmail.com> Sent: Thursday, July 2, 2020 4:31 PM To: City Clerk; CouncilMembers Subject: Special Council Meeting -Beach Parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I oppose closing the parking for beaches in our community. This is a knee jerk action and our sheriffs department has much to do without this additional charge. Please let's use common sense. Thank you. Lynne Anderson Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: David Baska <dfbaska@gmail.com> Sent: Thursday, July 2, 2020 4:08 PM To: City Clerk; CouncilMembers Subject: Special Council Meeting -Beach Parking Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I agree that it is too late to restrict beach parking in Cape Canaveral for this weekend. However, the Sheriff's office (which has been doing a great job!) needs to be more assertive on large gatherings on the the beach. I continue to see large groups on the the beach. Thanks to the Deputies we have seen increased patrols in the City and will hope that will be the case this weekend. Of course, the causeways are out of control - but this is not a Cape Canaveral issue. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Robert Behling <rbehling1946@aol.com> Sent: Thursday, July 2, 2020 3:46 PM To: City Clerk; CouncilMembers Subject: Special Council Meeting -Beach Parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Please do not close the beaches! Robert Behling rbehling1946@aol.com Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Tom Belluccio <bellucciotom@gmail.com> Sent: Thursday, July 2, 2020 4:00 PM To: City Clerk Subject: Close the parking please to the beaches until this virus is under control Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Pat Campbell <patrickcampbell@cfl.rr.com> Sent: Thursday, July 2, 2020 2:39 PM To: Public Comments Subject: Comments to the Special Meeting 7/2/2020 Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org So we are back again discussing closing the beach access. What exactly is the problem you are trying to solve? From the last round I heard "the people parking there are not residents", Raymond said take the bus or better yet she would take people to the beach. But no one spoke to the actual problem taking away the parking would solve. If it is to reduce COVID exposure how could resident or not, taking the bus or piling in Raymond's car lessen the exposure. Are you concerned that people will park and stay gathered together at the parking site? If it is a non-resident issue brainstorm a bunch of ways to keep the pesky non-residents out of our city. Let's issue resident window stickers and establish resident only parking. You could vote to ban non-residents from the city all together. Could it be we don't want people on the beach. If so, just close the beach. If we want to limit people on the beach, patrol the beach and ensure people are doing the right thing. Could it be Brown's motion was out voted last time and he brings it back this time to make a point not progress. Define the problem before you jump to the solution. Clearly connect the problem to the proposed solution. Leave the parking alone and use your time on other important issues in the city. What about masks and social distancing in public places, what about a testing center in Cape Canaveral, encourage people to stay home, restrict gatherings, avoid eating or drinking in bars, restaurants, and food courts — use drive-thru, pickup, or delivery options and advertise common sense and personal responsibility. Parking is not the problem. Patrick Campbell Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Wendy Ellsworth <wendy.ellsworth889@gmail.com> Sent: Thursday, July 2, 2020 4:35 PM To: City Clerk; +councilmembers@cityofcapecanaveral.org Subject: Special Council Meeting -Beach Parking Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I live walking distance to the beach, but still feel the beach parking should be open. Being out in nature is good for everyone's mental health. As long as people physical -distance from other groups, I see no problems with having parking and beaches open. Wendy L Ellsworth 201 International Drive 516 Cape Canaveral, Florida 32920 Wendy cell: 518-222-4062 "Be kind whenever possible. It is always possible." Dalai Lama Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Mike Gulick <mikessigns55@gmail.com> Sent: Thursday, July 2, 2020 4:06 PM To: City Clerk; +councilmembers@cityofcapecanaveral.org Subject: Special Council Meeting -Beach Parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Yes! ! ! ! Close the beach parking! Needs to go out on radio,tv and social media tonight. Thank you, Mike Gulick Mike Gulick's Signs 8105 Canaveral Blvd. Cape Canaveral, FL 32920 321-784-5431 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Chris Gumm <chrisgumm339@yahoo.com> Sent: Thursday, July 2, 2020 1:37 PM To: Public Comments Subject: Beach -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Good afternoon, As a resident of cape Canaveral I oppose the closing of the beach for the 4th of July. Many of us have already made plans to go to the beach and enjoy our holiday. Closing the beach would be wrong to do after all we have already been through with this virus. I just ask you consider my request. This has been the only thing we have been looking forward to do since being on locked down. Sincerely Chris Gumm Sent from Yahoo Mail on Android Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: rosejeffrisl . <rosejeffrisl@gmail.com> Sent: Thursday, July 2, 2020 4:30 PM To: City Clerk; CouncilMembers Subject: Special Council Meeting -Beach Parking Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org To Whom It May Concern, I am against closing the beach parking for the following reasons: 1. Limitation of Police Presence in other areas and Aggravation of Reserved Parking locations — Myself and numerous neighbors witnessed an increased police presence to enforce illegal parking within the neighborhoods and/or streets. In addition, in order to avoid any possible tickets/notices, transient crowds tend to park in deeded parking spaces at condo and apartment complexes when they become desperate... which then resulted in more calls to enforcement and/or towing. In addition, once illegal parking begins in an area, it's almost impossible to stop it from repeatedly happen; I've witnessed at our residence near Cherie Down the same song and dance to happen in regards to police kicking people out, leaving, and new persons parking at the same location. 2. Vehicular Congestion — We had ample notice last time we closed beach parking, this time... not so much. If we close beach parking, a lot of the transient crowd will not know the parking is closed until they get in the area. A lot of our single way streets (namely the first row housing areas) will become heavily congested, if not parking lots. We actually witnessed someone park 'off the street' in one location, however didn't provide enough space for a garbage truck to pass by; this garbage truck was forced to turn around, however had to approach each car behind them to move/adjust so they could perform the maneuver. 3. Disabled Residents — A lot of our local residents, while living close to the beach, count on having the beach parking and handicap accesses open so they can enjoy the beach. There are numerous other reasons to keep beach parking open, but these are my quick thoughts and experiences. I believe our efforts should be more focused on minimizing large groups of people from gathering on the beach in close proximity. Thank you, Shane Jeffries Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Judy Kersey <judy@swe-sc.org> Sent: Thursday, July 2, 2020 1:21 PM To: City Clerk Subject: Beach Parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org We would like to strongly encourage the city to block parking at the beach for the July 4th weekend to preclude the mass of out of town visitors congregating on the beach and at local businesses. With the growing Covid-19 infections throughout the state as well as the county, we should discourage large groups from congregating here in Cape Canaveral. The large increase in infections even in Cape Canaveral are very disturbing, particularly with the large number of vulnerable residents. We would also like to encourage the City to ask the County to close Cherie Down park for the same reason and ask the Sheriff to increase enforcement of parking violations and fireworks violations. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Thomas Mannoia <tmannoia@gmail.com> Sent: Thursday, July 2, 2020 4:03 PM To: City Clerk; +councilmembers@cityofcapecanaveral.org Subject: Special Council Meeting -Beach Parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Keep the Beaches Open There is no benefit to closing the beach. Proper distancing at the beach is safe. Unless you can provide specific documentation that properly distanced use of the beach is a hazard, then keep the beaches open. They are safe, the governor has decreed that swimming is an essential activity, and people need to get outside. Thomas Mannoia Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Renee Martin <rmartin5876@gmail.com> Sent: Thursday, July 2, 2020 4:01 PM To: City Clerk; CouncilMembers Subject: Special Council Meeting -Beach Parking Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Why bother NOW! Should have closed the BEACHES when the other counties did for the safety of their residents! What do you think is going to happen in the next couple weeks now...our city is the laughing stock of the county...wishy washy to say the least!!! LITTKE TO LITTLE TO LATE CAOE CANAVERAL ❑ Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: McCoy -Freeman Real Estate Group <mccoyfreemangroup@gmail.com> Sent: Thursday, July 2, 2020 4:13 PM To: City Clerk; +councilmembers@cityofcapecanaveral.org Subject: Special Council Meeting -Beach Parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org At this time we are against closing our beaches this weekend. Thank you, Bobby & Nikki Freeman oil/L- c,eecn. REAL ESTATE "Your Native Connection" Jennifer McCoy 321-720-6654 I Bobby Freeman 321-69.3-1694 I Nikki McCoy -Freeman 321-5.37-2291 www.FloridaBeachHomesAndCondos.com Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Mary Ellen Pariseau <mepariseau@gmail.com> Sent: Thursday, July 2, 2020 4:16 PM To: City Clerk; +councilmembers@cityofcapecanaveral.org Subject: Special Council Meeting -Beach Parking Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I will try to call in, but I might still be working and be unable to do more than listen. I was opposed to re -opening beach parking back in May. One main reason was that you did not have a plan for re -opening. You all just seemed to try to make it up as you went along. Making plans up like that does not instill confidence in your leadership. And I still believe that beach parking should be closed. The main issue, that while most people do social distance on the beach at the neighborhood beach access, the closer you get to Jetty Park and Cherrie Down the more people do not social distance. I have personally seen this past week, a group of 20+ with young kids gathered on the beach at Jetty Park. Also this past week, there was a wedding party that gathered on the Harbor Heights beach access blocking it from being used while they took wedding pictures. Luckily we do have the other access right there, but my point is that people only follow "no gathering" when it is convenient to them. If the City Council would have addressed the issue as soon as confirmed cases started going up in Cape Canaveral, we would not have the situation of the media saying that the Brevard Beaches are open, when Cape Canaveral may close the parking. As of yesterday, we were at 34 cases, which is an increase of 32 cases in a couple of weeks. I do not want to deny other Cape Canaveral residents of being able to enjoy the beach, but a solution to that should have already been considered by City Council. It's been over 3 months since beach parking was closed the first time. The first thing that comes to my mind, would be City -issued parking stickers. That way you could close parking to non-residents, but residents could still go. I know that isn't a solution for now, but something to consider for the future. For now, maybe there are residents that have extra parking spaces that they would be willing to share with residents that can't walk to the beach from their home. Sincerely, Mary Ellen Pariseau 117 Harbor Drive. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Sonia Pearson <drsonia@spacecoastvet.com> Sent: Thursday, July 2, 2020 4:24 PM To: City Clerk; +councilmembers@cityofcapecanaveral.org Subject: Special Council Meeting -Beach Parking Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Forcing people away from the beach only creates a large volume of crowds to congregate on the east and westbound Beachline shoulders which results in a much higher density of people in close proximity. Having crowds along a highway and vehicles reducing speeds on a major thoroughfare to exit to the shoulder creates a much more dangerous situation, as well. Sonia Pearson, DVM Sonia Pearson, DVM Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Sonia Pearson <drsonia@spacecoastvet.com> Sent: Thursday, July 2, 2020 4:35 PM To: City Clerk; +councilmembers@cityofcapecanaveral.org Subject: Special Meeting on Beach Parking Closure Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Forcing people away from the beach only creates a large volume of crowds to congregate on the east and westbound Beachline shoulders which results in a much higher density of people in close proximity. Having crowds along a highway and vehicles reducing speeds on a major thoroughfare to exit to the shoulder creates a much more dangerous situation, as well. Sonia Pearson, DVM Sonia Pearson, DVM Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: jpetty831@aol.com Sent: Thursday, July 2, 2020 4:09 PM To: City Clerk Subject: Fwd: PROPOSAL TO CLOSE BEACH PARKING TONIGHT 6 PM -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org From: W.Morrison@cityofcapecanaveral.org To: jpetty831@aol.com Sent: 7/2/2020 4:06:45 PM Eastern Standard Time Subject: Re: PROPOSAL TO CLOSE BEACH PARKING TONIGHT 6 PM cityclerk@cityofcapecanaveral.org Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Vicki Price <vprice4jp@gmail.com> Sent: Thursday, July 2, 2020 1:19 PM To: City Clerk Subject: Please close beach parking for the 4th -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org We implore you to close off beach parking and protect the residents of cape canaveral from this virus due to a deluge of outsiders coming to our area. Other beaches are closed and you need to be proactive and follow suit. In consideration of those that live beachside, enforcement of illegal parking should be part of the consideration also. Thank you for this special meeting and consideration. Vicki Price Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Jaclyn Suzann <jacisuzann@gmail.com> Sent: Thursday, July 2, 2020 4:20 PM To: City Clerk; CouncilMembers Subject: Special Council Meeting -Beach Parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org All, It is my opinion that we close beach parking for the holiday weekend in Cape Canaveral. The people coming in from Orange and Seminole County where the numbers are soaring will also be shopping in our stores and gas stations. Great for the economy but I believe we can spare a weekend in order to gaining numbers as high as other Florida communities. Thank you, Jaclyn Reynolds Adams Avenue Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Richard J <beachtoy6969@gmail.com> Sent: Thursday, July 2, 2020 4:31 PM To: City Clerk; +councilmembers@cityofcapecanaveral.org Subject: Special Council Meeting -Beach Parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Close the parking so the holiday doesn't get us infected by Orlando ends coming over. Keep the beach open! Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: diana rodriguez <diana3027r@gmail.com> Sent: Thursday, July 2, 2020 1:28 PM To: Public Comments Subject: Beach closing Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Good afternoon, To whom it may concern I am writing this to say as a resident of cape Canaveral I strongly oppose the closing of the beach for the 4th of July weekend. Me like many Americans look forward to going to the beach and celebrating with family the birth of our country! I have family coming in and we have already prepared to go to the beach unfortunately we live to far to walk there and would need parking to go. We have already been through enough with this pandemic please let us enjoy our weekend. We are all responsible adults and know how to properly distance ourselves. I strongly hope you consider my request. Much respect Diana Rodriguez Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Pamela Salvi <psalvi51@gmail.com> Sent: Thursday, July 2, 2020 4:03 PM To: City Clerk; +councilmembers@cityofcapecanaveral.org Subject: Special Council Meeting -Beach Parking Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org CLOSE THE PARKING AND THE BEACHES! How about keeping your constituents' health in mind? You should all be ashamed of yourselves! In case you haven't heard, THERE IS A PANDEMIC! ! ! ! ! ! 1111 In case you don't understand: pandemic noun pan.dem•ic I \ pan-'de-mik \ Definition of pandemic (Entry 2 of 2) : an outbreak of a disease that occurs over a wide geographic area and affects an exceptionally high proportion of the population : a pandemic outbreak of a disease Enough said! DO THE RIGHT THING turds. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Pamela Salvi <psalvi51@gmail.com> Sent: Thursday, July 2, 2020 4:10 PM To: City Clerk Subject: 7/2 Commisioner meeting Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org CLOSE THE PARKING AND THE BEACHES! How about keeping your constituents' health in mind? You should all be ashamed of yourselves! In case you haven't heard, THERE IS A PANDEMIC! ! ! ! ! ! 1111 In case you don't understand: pandemic noun pan.dem•ic I \ pan-'de-mik \ Definition of pandemic (Entry 2 of 2) : an outbreak of a disease that occurs over a wide geographic area and affects an exceptionally high proportion of the population : a pandemic outbreak of a disease Enough said! DO THE RIGHT THING turds. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: shane.regina63@yahoo.com Sent: Thursday, July 2, 2020 2:46 PM To: Public Comments Subject: Beach Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Good afternoon, To whom it may concern I am writing this to say as a resident of cape Canaveral I strongly oppose the closing of the beach for the 4th of July weekend. Me like many Americans look forward to going to the beach and celebrating with family the birth of our country! I have family coming in and we have already prepared to go to the beach unfortunately we live to far to walk there and would need parking to go. We have already been through enough with this pandemic please let us enjoy our weekend. We are all responsible adults and know how to properly distance ourselves. I strongly hope you consider my request. I also am a Cape Canaveral resident and in joy the beach each and every day after my work hours. Would truly appreciate you keeping the public beaches open, both for us residents, and also incoming family and friends for the holiday weekend. Much respect Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Scott T Ward <poppoe22@gmail.com> Sent: Thursday, July 2, 2020 4:34 PM To: City Clerk; CouncilMembers Subject: Special Council Meeting -Beach Parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Keep the beach parking open please. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: THERESE ZYHOWSKI <zyhowskit@comcast.net> Sent: Thursday, July 2, 2020 12:43 PM To: Mike Brown; Bob Hoog; Mickie Kellum; Wes Morrison; Angela Raymond Cc: City Clerk; Mia Goforth Subject: Please close the public beach -end parking Attachments: beachmay272020j pg Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org To the Honorable Mayor Hoog and City Council Members, I am sending this email regarding your meeting tonight to discuss temporary closure of public beach - end parking spaces within City rights -of -way for beach access to reduce the spread of COCID-19. As a resident at 425 Buchanan Ave, right next door to one, I hope that you will agree to temporarily prohibit the use of such parking. During the last holiday weekend, (Memorial Day), my husband and I watched from our balcony while large groups of over 20 or more congregated right in front of us with no social distancing. We watched the council meeting that decided this and heard promises that groups would be policed to keep them distant. In addition, we witnessed people who were relieving themselves and defecating on the dunes right in front of us. We did see police vehicles patrolling the beach; however, with the large crowds, it was near impossible for them to police everything. The picture that I attached was taken on May 27; but, this is the way it was during the whole Memorial weekend. In conclusion, we need to protect our citizens and our businesses. If nothing is done to at least keep down the large crowds at our beaches during this coming holiday, we will see another surge of sickness and possible deaths two weeks from now. I hope you will consider the wishes of the voters. Sincerely, Terry and Greg Zyhowski Sand Dunes Residents 425 Buchanan Ave Cape Canaveral, Florida 32920 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i [Photo of beach with many people] Mia Goforth From: diana rodriguez <diana3027r@gmail.com> Sent: Thursday, July 2, 2020 4:51 PM To: City Clerk Subject: Fwd: Beach closing Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Sent from my iPhone Begin forwarded message: From: diana rodriguez <diana3027r@gmail.com> Date: July 2, 2020 at 1:27:41 PM EDT To: PublicComments@cityofcapecanaveral.org Subject: Beach closing Good afternoon, To whom it may concern I am writing this to say as a resident of cape Canaveral I strongly oppose the closing of the beach for the 4th of July weekend. Me like many Americans look forward to going to the beach and celebrating with family the birth of our country! I have family coming in and we have already prepared to go to the beach unfortunately we live to far to walk there and would need parking to go. We have already been through enough with this pandemic please let us enjoy our weekend. We are all responsible adults and know how to properly distance ourselves. I strongly hope you consider my request. Much respect Diana Rodriguez Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Chris Gumm <chrisgumm339@yahoo.com> Sent: Thursday, July 2, 2020 4:52 PM To: City Clerk Subject: Fw: Beach Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Sent from Yahoo Mail on Android Forwarded Message From: "Chris Gumm" <chrisgumm339@yahoo.com> To: "publiccomments@cityofcapecanaveral.org" <publiccomments@cityofcapecanaveral.org> Sent: Thu, Jul 2, 2020 at 1:37 PM Subject: Beach Good afternoon, As a resident of cape Canaveral I oppose the closing of the beach for the 4th of July. Many of us have already made plans to go to the beach and enjoy our holiday. Closing the beach would be wrong to do after all we have already been through with this virus. I just ask you consider my request. This has been the only thing we have been looking forward to do since being on locked down. Sincerely Chris Gumm Sent from Yahoo Mail on Android Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: bets crockett <extended.disco.remix@gmail.com> Sent: Thursday, July 2, 2020 4:51 PM To: City Clerk; CouncilMembers Subject: Special Council Meeting -Beach Parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Close beach parking. We were promised that if the infection numbers increased, parking would be reviewed. The numbers are way up. Beachgoers don't just use the beach. They use our restaurants, gas stations, supermarkets and convenience stores. BCSO can enforce parking laws and ticket anyone illegally parking. It's unfair to the citizens of Cape Canaveral to feel under siege all weekend long to appease out-of-towners and some business interests. Bets Crockett Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Chris Gumm <chrisgumm339@yahoo.com> Sent: Thursday, July 2, 2020 4:52 PM To: City Clerk Subject: Fw: Beach Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Sent from Yahoo Mail on Android Forwarded Message From: "Chris Gumm" <chrisgumm339@yahoo.com> To: "publiccomments@cityofcapecanaveral.org" <publiccomments@cityofcapecanaveral.org> Sent: Thu, Jul 2, 2020 at 1:37 PM Subject: Beach Good afternoon, As a resident of cape Canaveral I oppose the closing of the beach for the 4th of July. Many of us have already made plans to go to the beach and enjoy our holiday. Closing the beach would be wrong to do after all we have already been through with this virus. I just ask you consider my request. This has been the only thing we have been looking forward to do since being on locked down. Sincerely Chris Gumm Sent from Yahoo Mail on Android Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Douglas Risling <rislingdg@gmail.com> Sent: Thursday, July 2, 2020 4:55 PM To: City Clerk; +councilmembers@cityofcapecanaveral.org Subject: Special Council Meeting -Beach Parking Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Leave the parking open Closing would only cause more problems for home and condo owners Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: Douglas Risling <rislingdg@gmail.com> Sent: Thursday, July 2, 2020 4:57 PM To: City Clerk; +councilmembers@cityofcapecanaveral.org Subject: Special Council Meeting -Beach Parking -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Do not close Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Mia Goforth From: diana rodriguez <diana3027r@gmail.com> Sent: Thursday, July 2, 2020 4:51 PM To: City Clerk Subject: Fwd: Beach closing Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Sent from my iPhone Begin forwarded message: From: diana rodriguez <diana3027r@gmail.com> Date: July 2, 2020 at 1:27:41 PM EDT To: PublicComments@cityofcapecanaveral.org Subject: Beach closing Good afternoon, To whom it may concern I am writing this to say as a resident of cape Canaveral I strongly oppose the closing of the beach for the 4th of July weekend. Me like many Americans look forward to going to the beach and celebrating with family the birth of our country! I have family coming in and we have already prepared to go to the beach unfortunately we live to far to walk there and would need parking to go. We have already been through enough with this pandemic please let us enjoy our weekend. We are all responsible adults and know how to properly distance ourselves. I strongly hope you consider my request. Much respect Diana Rodriguez Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Mia Goforth From: Linda Weinberg <oklawaha@gmail.com> Sent: Thursday, July 2, 2020 4:57 PM To: City Clerk; CouncilMembers Subject: Special Council Meeting -Beach Parking - SUPPORT CLOSING PARKING Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Dear Council Members: We are writing to support your efforts to close beach parking for the holiday weekend. While we respect the arguments against doing this, we think it is a responsible action to close parking and discourage large groups congregating on and off the beach in light of the dramatic increase in Covid-19 cases. Why would we want to import people - especially from the Orange/Osceola area that are experiencing dramatic increase in cases - to the City of Cape Canaveral? It would be illogical in terms of protecting the health and safety of the residents and taxpayers of the City. It's important that we recognize and accept the fact cases are spiking, the virus is deadly to many of our residents, and if we make responsible policy decisions now, we will all be safe and able to get back to regular order. Sincerely, Tom and Linda Weinberg 701 Solana Shores Drive Cape Canaveral, FL Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 From: dale holsenbeck To: City Clerk;+councilmembers(acityofcapecanaveral.orq Subject: Special Council Meeting -Beach Parking Date: Thursday, July 2, 2020 5:01:23 PM Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcaaecanaveral.orq Keep beach open to locals who can walk Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Attachment 3 DRAFT CAPE CANAVERAL SPECIAL CITY COUNCIL MEETING VIRTUAL MEETING via GoToWebinar THURSDAY July 9, 2020 4:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:00 PM and read a statement regarding decorum and virtual participation. Mayor Pro Tem Brown led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mayor Council Member Council Member Council Member Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community Development Director Cultural + Community Affairs Director/Organizer HR/Risk Management Dir. & EOT Incident Commander Leisure Services Director Public Works Services Director Canaveral Fire Rescue Chief Brevard County Sheriff's Office Lieutenant PUBLIC PARTICIPATION None. AGENDA ITEMS Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Melinda Huser Gustavo Vergara James Moore Dave Sargeant Joanna Seigel 1. Resolution 2020-17; encouraging the citizens, businesses and visitors of the City of Cape Canaveral, Florida to exercise personal responsibility in slowing the spread of COVID-19; more specifically: urging persons to wear a face covering in places open to the public throughout the City of Cape Canaveral in order to minimize the spread of the COVID-19 Virus, subject to certain exceptions; urging persons to practice safe social distancing and other safety measures recommended by the Centers for Disease Control (CDC) to minimize the spread of the COVID-19 Virus; encouraging persons to stay safer at home when possible to minimize the spread of the COVID-19 Virus; providing for the repeal of prior inconsistent resolutions; applicability; severability and an effective date: City Attorney Garganese read the title into the record. Discussion ensued City of Cape Canaveral, Florida City Council Special Meeting — CMT July 9, 2020 Page 2 of 3 DRAFT and included other municipalities that have passed similar legislation, no penalties in the Resolution, whether citizens are aware of the Meeting, concerns regarding lawsuits, issues with the language being vague, support for proclamation and advertising, concerns regarding schools and first responders, the need for a mask mandate, the City of Cocoa Beach's Emergency Order was put into place without penalties and left up to businesses to enforce, the record deaths set in Brevard County, language not strong enough in the Resolution, concerns for vulnerable residents, feedback received in support of masks, there will be people who will not wear a mask with a mandate, first responders take care of themselves and difficult to enforce a mandate. City Attorney Garganese explained the intent of the draft Resolution does not impose mandates or penalties, is non -binding and non -mandatory and would require restructuring to impose a mandate, described current lawsuits in Florida related to mask legislation with various approaches and measures that have been imposing face covering and a lawsuit would be dismissed because this draft lacks an imposition to anyone. City Attorney Garganese further advised proclamations are ceremonial and the Council should be speaking in the form of a resolution. Discussion continued regarding the question of HIPAA violations and enforcement, unnecessary mask mandate due to low percentage rate of infection in the area, good policy to encourage but not mandate, give the businesses masks, where the City will be in two months related to infections and the need to not be afraid to do Council's job, the unlikeliness of a lawsuit with no mandate in the Resolution, the need for stronger language, signs at businesses, the need to take responsibility for not infecting each other, illegality of a mandate, fear of breaking the law, the City of St. Augustine mask mandate resolution, leading questions and the need for impartiality from the City Attorney since there is no case law. City Attorney Garganese confirmed there is no legal precedence and some of the mandates are ambiguous which is the reason for inclusion of exceptions. Discussion continued on whether to vote on the Resolution as is or revise it. City Attorney Garganese advised Council to either accept, deny or postpone the Resolution. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, that Resolution No. 2020-17 be denied as written. Discussion ensued and included bringing the Item back as a revised resolution. City Attorney Garganese advised a main motion is on the floor which Council may procedurally table, vote on the motion and then place another on the floor. Mayor Hoog opened public comment. Meeting Organizer Thomas confirmed no hands were raised to speak. Motion passed 3-2, with Council Members Kellum and Morrison voting against. City Attorney Garganese requested direction for Staff from Council on how to proceed. Discussion ensued and included drafting stronger language, the idea of citizen and business ambassadors to help encourage the initiative and deciding between mandating and encouraging masks. A motion was made by Council Member Morrison, seconded by Council Member Kellum to postpone the Item and bring it back to the next City Council Meeting. Mayor Hoog asked City Manager Morley if there would be enough time to prepare the Item for the next City Council Meeting. Discussion ensued regarding time restrictions and special meeting procedures. City Manager Morley indicated the need for Council to provide direction for a revised resolution by contacting him with their thoughts and ideas before this Item was considered next. Motion passed 5-0. 2. Discussion regarding the closing of City Hall and the Nancy Hanson Recreational Complex (NHRC) due to increases in COVID-19 infections in the State of Florida, Brevard County and in the City of Cape Canaveral and in furtherance of public health, safety, welfare and well-being of the City of Cape Canaveral: City Manager Morley explained the Item. Discussion ensued and included how the State was reopened too quickly, safety is a priority and pros and cons for the action. City of Cape Canaveral, Florida City Council Special Meeting — CMT July 9, 2020 Page 3 of 3 DRAFT HR/Risk Management Director and Incident Commander Huser shared statistics and current data related to the COVID-19 Pandemic and City workforce will continue to provide day-to-day services during this phase. City Attorney Garganese indicated the action is within the City Manager's Office authority and the City Council may choose to leave the Council Chambers and Council offices open simultaneously. City Manager Morley explained an additional part of this Item involves a return to virtual public meetings until City Hall opens again. Discussion ensued and included City Council and City Manager authority over City Hall and Council Chambers, local data regarding hospitalizations in Cape Canaveral, the source of the data, the fact that NASA and the Department of Defense are all working remotely, City Hall core services will be open and citizens can still play tennis on a daily basis. City Manager Morley explained the technical issues surrounding hybrid meetings and the need for a new platform to properly conduct meetings in the future. Discussion continued regarding email as public participation, the action is a preventative against infections and no employees are on furlough. Administrative/Financial Services Director DeLeo shared COVID-19 financial information regarding IT Support and the Brevard County Interlocal Agreement related to the CARES Act funds. Council Members Kellum, Morrison and Raymond agreed City Hall should not be closed, however supported City Manager Morley's decision to do so. Council reached consensus to continue conducting CMT virtual public meetings until a solution is found for conducting hybrid in -person and virtual public meetings as soon as possible. Meeting Organizer Thomas confirmed no hands raised for public comment. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:02 PM. Bob Hoog, Mayor Mia Goforth, City Clerk From: Omar Capellan <omar.capellan@gmail.com> Sent: Wednesday, July 8, 2020 4:25 PM To: Mia Goforth Cc: Todd Morley Subject: Wearing Mask within the city limits Meeting Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Hi Mia I'd like to submit the following request to be heard at tomorrow's meeting regarding the potential mandatory wearing of face masks within the city limits. As a runner and biker (bicycle), I perform these activities 4-5 per week, within our city limits, on the streets (mainly on Central and Ridgewood) Arguably, for a runner and/or biker to be breathing constantly his/her own CO2 for the duration of their workout may not be in the best interest of the athlete or the city for that matter. If the athlete is to suffer a breathing emergency due to CO2 poisoning, I feel this can be avoided. As I said, this is arguable, but please take into account the temperatures that during the summer time in daylight hours our city climbs to and the athlete is subjected to; to that, add re -breathing our own CO2 for an extended period at an accelerated pace as the athlete breathes faster and bigger amounts of air during the workout. As a long time citizen of my City of Cape Canaveral, I am asking the city to add an exception to this ruling, where athletes working out within the city limits, not having to wear a face mask; while the athlete is clearly engaged in some type of physical activity. Thank you for taking my petition into account and know that I will comply with whatever ruling the city adopts, but I hope the council takes my petition seriously and gives weight to it. Best Regards Omar A. Capellan, concerned citizen Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i From: Crockett.Betsey@Stone Middle <Crockett.Betsey@ Brevardschools.org > Sent: Thursday, July 9, 2020 10:25 AM To: Info Subject: mask ordinance Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Good morning, I'm pleased that my city council is considering a mask ordinance. Sometimes, true leadership is standing up for what is right and what benefits your citizens even when it's not the popular thing to do. There is a very vocal minority that does understand science and math, which is baffling considering that this community once put a man on the moon. Masks, as have been demonstrated in other nations, effectively slow the transmission of this novel virus at a success rate of nearly 90%. I don't need to point out, that when transmission is abated, it is possible for businesses, schools, and government facilities to reopen safely. In other words, masks make economic sense. It's a scrap of fabric. And it's the least anyone can do to protect a lovely little community of 10,000 people —many of them elderly and vulnerable —my mother among them. As I've said, sometimes leadership is about the tough decisions —not just the photo ops. And sometimes, your feelings might get hurt because someone said something mean about you on Facebook. But, ultimately, by passing this resolution, you'll be able to rest in the knowledge that you have done the right thing and the thing that you were elected to do —and that is to protect the welfare of all of your citizens. Thank you, Elizabeth Crockett 230 Columbia Dr. Cape Canaveral, FL 32920 Due to Florida's broad public records law, most written communications to or from government employees regarding public education are public records. Therefore, this e-mail communication may be subject to public disclosure. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i From: THERESE ZYHOWSKI <zyhowskit@comcast.net> Sent: Thursday, July 9, 2020 1:42 PM To: City Clerk; Mia Goforth Subject: Fwd: Please pass resolution 2020-17 Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I forgot to include on this message to the Mayor and City Council Original Message From: THERESE ZYHOWSKI <zyhowskit@comcast.net> To: "Brown, Mike" <m.brown@cityofcapecanaveral.org>, "Hoog, Mayor Hoog" <b.hoog@cityofcapecanaveral.org>, "Kellum, M"<m.kellum@cityofcapecanaveral.org>, "Morrison, Wes"<w.morrison@cityofcapecanaveral.org>, "Raymond, Angela" <a.rymond@cityofcapecanaveral.org> Date: 07/08/2020 10:10 PM Subject: Please pass resolution 2020-17 To the Honorable Mayor Hoog and Members of the City of Cape Canaveral City Council: As residents of Cape Canaveral at 425 Buchanan Avenue, we want you to pass this resolution that " encourages the citizens, businesses and visitors of Cape Canaveral to exercise personal responsibility in slowing the spread of COVID-19, more specifically: urging persons to wear a face covering in places open to the public throughout the City of Cape Canaveral in order to minimize the spread of COVID-!9 virus urging persons to practice safe social distancing and other safety measures recommended by the CDC to minimize the spread of the COVID-19 virus; providing for the repeal of prior inconsistent resolutions; " Therese and Greg Zyhowski 425 Buchanan Ave Unit 506 Cape Canaveral, Florida 32920 412-398-1862 412-398-3501 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email i address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 2 From: DIANE K CALLIER <cleo1227@cfl.rr.com> Sent: Thursday, July 9, 2020 2:59 PM To: City Clerk Subject: discussion at 4:00 City Council meeting Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Regarding the Special meeting called for 4:00 today to "encourage" people to wear masks in Cape Canaveral. At this point in time it is hard to imagine a more pointless effort. We all know that wearing masks helps to halt the spread of Covid-19. It is not a matter of personal choice as it does not just protect the mask wearer but the primary benefit is to protect others. Considering the skyrocketing rates of infection and the recent action by Cocoa Beach to require masks inside public places the only sensible action at this time is for the Cape Canaveral City Council to also require masks to be worn properly in all public interior spaces. Studies have shown that most consumers prefer to shop in stores that require masks. If Cape Canaveral does not do so we are only driving potential consumers to places which do, such as those conveniently located in Cocoa Beach, thus hurting our own tax base. Taking action to "encourage" the wearing of masks at this point in time is less than meaningless, it is insulting to our intelligence. Diane K. Callier Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing i Item No. 2 DRAFT CAPE CANAVERAL CITY COUNCIL BUDGET WORKSHOP MEETING VIRTUAL MEETING via GoToWebinar Tuesday July 21, 2020 5:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:00 P.M. and read a statement regarding decorum and virtual participation. Mayor Pro Tem Brown led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mayor Council Member Council Member Council Member Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community Development Director Cultural + Community Affairs Director/Organizer HR/Risk Management Dir. & EOT Incident Commander Leisure Services Director Public Works Services Director Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Chief Canaveral Fire Rescue Assistant Chief PUBLIC PARTICIPATION: None. AGENDA ITEMS: Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Melinda Huser Gustavo Vergara James Moore Andrew Walters Joanna Seigel Dave Sargeant Christopher Quinn 1. Proposed Fiscal Year 2020/2021 Budget and Five (5) Year Capital Improvement Plan: City Manager Morley and Administrative/Financial Services Director DeLeo provided a summary of the proposed Budget. Discussion ensued and included local impacts of the COVID-19 Pandemic, growth of the economy, property values, ad valorem taxes, accrued revenues and contingency built into the Budget, Community Redevelopment Agency funds, status of the Multi -Generational Facility Project and value -engineering proposals, tallying of revenues, ad valorem revenues having surpassed 100%, the City being financially healthy even with a potential hit of $69,000 in Leisure Services; annual debt ratio is below 9%, SCADA System and effluent in Wastewater are State City of Cape Canaveral, Florida DRAFT City Council Budget Workshop Meeting — CMT July 21, 2020 Page 2 of 2 Revolving Loan (SRF) funded and in good shape and the Fire Station will be paid off in 2024. Chief Sargeant confirmed that Canaveral Fire Rescue reapplied for a grant to fund additional personnel, will come back to the City for matching funds at a later date and the Proposed Budget was adjusted to reflect that. Discussion continued and included realignment and organization of Public Works Services, grant -funded projects will go forward such as Long Point Estuary Park, vehicle replacements and continued focus on mobility plan, sidewalks and complete street plans, solar lights replacements and expansion. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to have the City Council Budget Workshop Meeting on Tuesday, August 18 starting at 4:00 P.M. The Motion carried 5-0. 2. Current Monthly Financials: Administrative/Financial Services Director DeLeo provided an overview of the City of Cape Canaveral Statement of Revenues and Expenditures Period Ended May 31, 2020. Brief discussion ensued regarding public participation, there were no hands raised to speak. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:55 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk DRAFT CAPE CANAVERAL REGULAR CITY COUNCIL MEETING VIRTUAL MEETING via GoToWebinar Tuesday July 21, 2020 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:23 P.M. and read a COVID-19 Pandemic Emergency Statement. Mayor Pro Tem Brown led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Mickie Kellum Council Member Wes Morrison Council Member Angela Raymond Others Present: Interim City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director HR/Risk Management Director Deputy City Clerk Executive Assistant to the City Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Chief Canaveral Fire Rescue Assistant Chief Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Gustavo Vergara Jim Moore Melinda Huser Daniel LeFever Lisa Day Andrew Walters Joanna Seigel Dave Sargeant Christopher Quinn Mayor Hoog read a statement to remind everyone participating in all public meetings of the City to conduct themselves professionally and follow proper procedures and protocol, as well as instructions for attendees wishing to participate remotely. PUBLIC PARTICIPATION: None. PRESENTATIONS/INTERVIEWS: Interview Applicant for appointment to the Planning and Zoning Board. (Steven Stroud): City Attorney Garganese confirmed the information contained in Mr. Stroud's application to be true City of Cape Canaveral, Florida City Council Meeting — Regular Virtual July 21, 2020 Page 2 of 5 DRAFT and correct. Mr. Stroud provided background information and reasons for his desire to serve. Council thanked Mr. Stroud. CONSENT AGENDA: Mayor Hoog asked the Council if any Items needed to be removed for discussion. Council Member Kellum removed Item 4. Council Member Morrison removed Items 1 and 3. 1. Approve Minutes for June 16, 2020 Regular Meeting and July 2, 2020 and July 8, 2020 Special Meetings. 2. Resolution No. 2020-07; appointing a member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Steven Stroud) 3. Resolution No. 2020-15; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2020/2021 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. 4. Consider Application for Reduction of a $47,425.00 Code Enforcement Lien, Case No. 18-183. (8497 Ridgewood Drive) 5. Approve Coronavirus Aid, Relief, and Economic Security (CARES) Act Interlocal Agreement between the City and Brevard County Board of County Commissioners and authorize Mayor to execute same. 6. Approve the Third Modification to Binding Developer's Agreement related to the Holiday Inn Club Vacations Cape Canaveral Beach Resort (formerly known as Cape Caribe) located at 1000 Shorewood Drive and authorize Mayor to execute same. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to pass Consent Agenda Item Nos. 2, 5 and 6. The motion carried 5-0. 4. Discussion ensued and included concerns over the Code Enforcement Reduction of Lien process, poor condition of the house before it was sold, improvements making it compliant with City Code, owner relationship to the investor company on the paperwork and calculation of fines. Community Development Director Dickey explained this particular case straddled the City's transition from using the Code Enforcement Board to hiring the Special Magistrate to hear cases. Discussion continued and included similar actions on properties in the past, bringing the Item back to Council and how the property was bought through American Investment Strategies, LLC. City Attorney Garganese advised that if the Council is comfortable coming up with an amount to be paid by the property owner, he would assist in correcting the Reduction of Lien Application paperwork. Discussion continued. Mayor Hoog confirmed with the property owner that it would be acceptable to correct the paperwork between both parties and bring the Item back for discussion at the next Council Meeting. Mayor called for a motion. Discussion ensued. A motion City of Cape Canaveral, Florida City Council Meeting — Regular Virtual July 21, 2020 Page 3 of 5 DRAFT was made by Council Member Raymond, seconded by Mayor Pro Tem Brown, to reduce the lien by half in the amount of $23,000.00, to be paid within thirty days. Discussion ensued. A motion was made by Mayor Hoog to amend the main motion to show the lien at $23,000.00 and return the corrected paperwork at the next City Council Meeting. Mayor Hoog verified the property owner understood the Motion with the amendment to the Motion. Discussion ensued regarding the need to verify title insurance policy information, compliance with the Code and confusion over the Motion. City Attorney Garganese confirmed most of the information required appears in the Application except the title policy and statements that such policy was issued after the lien was recorded. Mayor Hoog opened Public Comment. Patrick Campbell, Surf Drive, shared personal experience of living next to a dilapidated property and expressed opinions regarding the Agenda Item and the Reduction of Lien process in general. Attorney Garganese asked for a second to the amended main motion. Council Member Raymond seconded the amended main motion. The main motion carried 3-2, Council Members Kellum and Morrison voting against. Mayor Hoog called the question on the main motion as amended. The main motion carried, as amended 3-2, Council Members Kellum and Morrison voting against. City Attorney Garganese confirmed the Item will be back at the next Regular City Council Meeting. 1. Discussion ensued and included the need for additional time to review all three sets of Minutes and the Special City Council Meeting Minutes of July 8, 2020 should reflect how three Council Members agreed City Hall should remain open, but that it was City Manager Morley's decision to make. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to postpone approval of Item 1 until the next Regular City Council Meeting. Discussion ensued. City Attorney Garganese advised public comment on minutes is not required. The motion carried 5-0. 3. Discussion ensued and included pros and cons of reducing the overall Millage to below the Tentative Proposed rate of 3.7052, concerns around Covid-19 Pandemic impacts to the economy, keeping taxes low, finding cuts in the Proposed Budget for the new fiscal year, the Multi - Generational Center Project, holding off on projects for a year and ad valorem revenue. City Manager Morley clarified this Tentative Proposed Millage rate Item reduces the rate of taxes but does not go to roll -back. Discussion ensued. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to lower the overall Tentative Proposed Millage rate to the rollback rate of 3.6396. Discussion ensued regarding Staff to cut more than $85,000.00 from the Proposed Budget, reasoning for a rollback this year, how approval of a rate under the roll -back rate would require significant revisions in the published Proposed Budget for fiscal year 2020/2021 and whether Council might want to cut more money from the Budget now in order to efficiently produce a Budget by deadline. Mayor Hoog recessed the Meeting at 8:00 p.m. and reconvened at 8:11 p.m. Discussion ensued and included the Motion on the floor, the rollback rate of 3.6396 to be announced and provided to the Florida Department of Revenue and the Brevard County Property Appraiser. The motion carried 3-2, with Mayor Hoog and Mayor Pro Tem Brown voting against. City of Cape Canaveral, Florida City Council Meeting — Regular Virtual July 21, 2020 Page 4 of 5 ITEM FOR ACTION: DRAFT 7. Approve Employment Agreement (Agreement) by and between the City of Cape Canaveral (City) and Todd Morley (City Manager), and authorize execution by the Mayor and City Manager: Discussion ensued and included a suggestion to provide a solar/electric powered car to show the City as sustainable and save money on vehicle and gas allowance, the City Manager is on call 24/7, the Agreement end date, salary anniversary would be June 16, 2021 at which point Council would consider a merit increase, various sections and language to be stricken and/or edited, the situational needs of a city, proposed base salary, tiered severance package, CEOs in the private sector not receiving raises due to the COVID-19 Pandemic, other related concerns and current salary of City Manager Morley. City Manager Morley clarified how he and Community Development Director Dickey will be sharing Economic Development Department duties. Discussion continued on the need for the City Manager to stay focused, possibly hiring a new Economic Development Director or taking a break from Economic Development for a year and the Evaluation and Self -Evaluation format in the Agreement. City Attorney Garganese recommended Section 2 be reworded, that the City Manager be required to recommend a format to the City Council which will have final say on the format. City Manager Morley agreed. Discussion continued regarding the car allowance, the practical aspects of charging an electric vehicle and how the City Manager may use one of the City vehicles. Mayor Hoog suggested running through all of the contract changes and voting on them. City Attorney Garganese advised going through the Agreement revisions in an orderly fashion by dividing them into the categories of Substantive and Technical Issues as follows: Substantive Issues - 1. Section 2. Evaluation Form — Council reached consensus during discussion to revise Section 2. to require the City Manager recommend a format to the City Council for Evaluation, which the City Council will have final approval of. 2. Section 4. Automobile Allowance — A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to pay $350.00 per month to the City Manager for automobile allowance. The motion carried 4-1, with Council Member Morrison voting against. 3. Section 2. Salary — Discussion ensued regarding the proposed salary, an offer of $116,820.00, the need to increase City Manager Morley's pay and City Manager Morley's decision to stand by his request for a thirty percent increase in pay. A motion was made by Mayor Pro Tem Brown, seconded by Mayor Hoog, to offer his full recommendation of $121,680.00 to start as the City Manager of the City of Cape Canaveral. The motion failed 3-2, with Council Members Kellum, Morrison and Raymond voting against. Discussion ensued. A motion was made by Council Member Kellum, seconded by Mayor Hoog, to pay the City Manager $118,000.00 to start. The motion carried 3-2, with Council Members Morrison and Raymond voting against. 4. Section 11. Severance — Discussion ensued regarding the 20-week severance package and taking a tiered approach over four years. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to adopt a five, ten, fifteen, twenty -week tiered City of Cape Canaveral, Florida City Council Meeting — Regular Virtual July 21, 2020 Page 5 of 5 DRAFT severance pay structure across a four-year period, commencing with the date of the contract, up to twenty (20) weeks. The motion carried 5-0. 5. Section 15. Term of Contract — A motion was made by Council Member Morrison, seconded by Council Member Kellum, for a three (3) year term. Discussion ensued regarding the policy as written versus a three-year term. City Manager Morley stated it is a month -to -month contract in reality. City Attorney Garganese explained parliamentary procedures following Roberts Rules. Council reached unanimous consensus to withdraw the motion. Technical issues - City Attorney Garganese addressed technical comments regarding the terms of the Agreement and provided clarifications of interpretations made during discussion about Section 11, paragraphs C and E and Section 13. Discussion ensued regarding adding the term "without pay" to Section 11, paragraph E, options available to the City, striking the language altogether and how the current language protects the City Manager until proven guilty in a court of law. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to extend the Meeting thirty minutes or if Council finishes the Item, sooner. The motion carried 5-0. Discussion ensued. A motion was made by Council Member Morrison to amend Section 11 E to say the City may suspend the City Manager from his duties without pay. The motion died for lack of a second. Discussion ensued. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Kellum, to ratify Section 11 E as written. The motion carried 4-1, with Council Member Morrison voting against. Mayor Hoog stated there have been changes made to the Agreement and requested input from City Manager Morley. City Manager Morley provided his understanding of the changes and stated they were acceptable. City Attorney Garganese advised Council on the motion needed to proceed with the changes and agreed to circulate to the City Council before execution. A motion was made by Council Member Kellum, seconded by Council Member Raymond, to accept the Employment Agreement by and between the City and the City Manager, as amended and with input by Mr. Morley. The motion carried 4-1, with Council Member Morrison voting against. City Manager Morley expressed thanks for the support of the City Council, stated it is an honor to serve Cape Canaveral and also thanked the entire Staff for their support. The Council expressed thanks and congratulations to City Manager Morley. REPORTS: None. ADJOURNMENT: There being no further business, the Meeting was adjourned at 10:05 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk City of Cape Canaveral City Council Meeting - August 18, 2020 Agenda Item Summary Item No. 3 Subject: Approve the Thirteenth 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 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 which is no increase from the prior year. Black's will continue to use products that eliminate the use of Glyphosate and Nitrogen as requested by City Council at the October 15, 2019 Council Meeting. Per a letter from Black's dated May 22, 2020 (Attachment 1), the product is working as it should and no other changes are recommended at this time. 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. The Thirteenth Addendum (Attachment 2) provides for a one-year extension period, which is scheduled to expire on September 30, 2021. Submitting Department Director: James Moore , Date: 07/27/2020 Attachments: 1. Letter from Black's Lawn Care and Pest Control dated May 22, 2020 2. Thirteenth Addendum to professional Services Agreement with Exhibit "1" FY2020-2021 Bid Tab Sheets 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: 07/27/2020 The City Manager recommends the City Council take the following actions: Approve the Thirteenth 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 City Manager to execute same. Approved by City Manager: Todd Morley Date: 07/27/2020 Attachment 1 SERVING BREVARD COUNTY SINCE 1952 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 May 22, 2020 City of Cape Canaveral Tim Carlisle Voice: 321-474-5728 T.Carlisle@cityofcapecanaveral.org I wanted to give you an update on how the new Turf and Ornamental program (glyphosate, nitrogen and phosphorus free) for the City of Cape Canaveral is progressing. This is our first time using the new Cheetah Pro product. The results so far after just a few treatments have been very favorable. We have seen what appears to be systemic kill to the undesirable plant material occur in just 5-7 days. This is on par or slightly faster than by using traditional Round Up (glyphosate). In terms of the elimination of nitrogen and phosphorus from the turf and ornamentals, time will tell but the color of the turf seems to be holding well and growth continues as expected. I believe that you have adequate nitrogen coming from your reclaimed water that is being regular applied. I will keep you updated should I see any change in the results. At this time, other than proper irrigation and mowing, there are no other changes I would recommend. Sincerely, Carlos S Boyer President Attachment 2 THIRTEENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS THIRTEENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Thirteenth Addendum") is made and entered this day of , 2020 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ("Agreement") for fertilization, insect, disease, and weed control of turf areas and weed control of the Central Ditch; and WHEREAS, the Agreement, as amended by several addenda, terminated on September 30, 2020; and WHEREAS, the parties mutually desire to extend the term of the agreement as set forth herein, and the City desires to waive the competitive bidding process for the purpose of extending the term of the agreement; and WHEREAS, this Thirteenth Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2020 and terminating on September 30, 2021. The parties shall have the option to extend the term of this Agreement for three (3) additional one (1) year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. Thirteenth Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 1 of 2 ARTICLE 3 — PAYMENT OF CONTRACTOR Article 6 of the Agreement,which addresses payment of contractor, is hereby deleted in its entirety and replaced with the following language: The City shall pay to Contractor $54,606.00 for chemical applications (e.g., fertilization, insect control, and weed control) as described in Exhibit"I," Chemical Applications Bid Tab Sheet. The Contractor will invoice the City on a monthly basis. This is a not-to-exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 4—OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Thirteenth Addendum, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh or Twelfth Addenda, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Thirteenth Addendum as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: Todd Morley, City Manager By: Mia Goforth, City Clerk CONTRACTOR: Black's Spray Service, Inc., a Florida corporation. WITN ESSES: By: Carlos S. Boyer, President Print Name: Print Name: Thirteenth Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 2 of 2 Exhibit"I" Times Per Application Areas Unit Cost Year Total Cost Address/Notes A. City Hall,Cape Canaveral,Sheriff's Annex,Library Turf Applications(Granual/Liquid) $ 169.95 6 $ 1,019.70 I Annex- 111 Polk Ave. Ornamental Fertilization(Granular) $ 370.80 2 $ 741.60 Tree Fertilizaiton(Granular) $ 103.00 2 $ 206.00 City Hall/Cape Center 100/105 Polk Ave. Herbicide Applications I $ 149.15 10 $ 1,491.50 City Hall - $130X6; Sheriffs Annex - $65X6; Rec Center- Facilities Pest Control $ 654.05 6 $ 3,924.30 $65X6; Canaveral Park - $145X6; Manatee Park - $50X6; Public Works - $125X6;Streets $55X6 B. Recreation Complex Turf Applications(Granual/Liquid) $ 108.15 6 $ 648.90 Ornamental Fertilization(Granular) $ 123.60 2 $ 247.20 7300 N.Atlantic Ave. Tree Fertilizaiton(Granular) $ 30.90 2 $ 61.80 Herbicide Applications $ 102.80 10 $ 1,028.00 C. Xeriscape Park Herbicide Applications I $ - I 10 I $ - South Side of City Hall /between Polk&Taylor Avenues D. Veteran's Memorial Park Turf Applications(Granual/Liquid) $ 30.90 6 $ 185.40 Ornamental Fertilization(Granular) $ 46.35 2 $ 92.70 Adjacent to Public Library located at 201 Polk Ave. Herbicide Applications $ 56.45 10 $ 564.50 E. Bennix Park Turf Applications(Granual/Liquid) $ 154.50 6 $ 927.00 Ornamental Fertilization(Granular) $ 139.05 2 $ 278.10 Washington Ave. Tree Fertilizaiton(Granular) $ 61.80 2 $ 123.60 (Between N.Atlantic and Rosalind Ave) Herbicide Applications $ 87.35 10 $ 873.50 F. Canaveral&Canaveral Beach Blvd. Turf Applications(Granual/Liquid) $ 185.40 6 $ 1,112.40 Ornamental Fertilization(Granular) $ 108.15 2 $ 216.30 Medians Only Tree Fertilizaiton(Granular) $ 46.35 2 $ 92.70 Herbicide Applications $ 102.80 10 $ 1,028.00 Exhibit"I" Times Per Application Areas Unit Cost Year Total Cost Address/Notes G. N.Ridgewood,E.Central,and W.Central Turf Applications(Granual/Liquid) $ 370.80 6 $ 2,224.80 Ornamental Fertilization(Granular) $ 216.30 2 $ 432.60 Tree Fertilizaiton(Granular) $ 61.80 2 $ 123.60 Herbicide Applications $ 241.85 10 $ 2,418.50 H. Cape View Tree Line and Kindergarten Turf Applications(Granual/Liquid) $ 15.45 6 $ 92.70 Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 Cape View Elementary School Tree Fertilizaiton(Granular) $ 46.35 2 $ 92.70 8400 Rosalind Ave. Herbicide Applications $ 41.00 10 $ 410.00 I. Harbor Heights Turf Applications(Granual/Liquid) $ 30.90 6 $ 185.40 Ornamental Fertilization(Granular) $ 30.90 2 $ 61.80 Harbor Dr. Tree Fertilizaiton(Granular) $ 15.45 2 $ 30.90 (Off N.Atlantic Ave.) Herbicide Applications $ 56.45 10 $ 564.50 J. N.Atlantic Ave Turf Applications(Granual/Liquid) I $ 30.90 I 6 I $ 185.40 Ornamental Fertilization(Granular) $ 427.45 2 $ 854.90 Tree Fertilizaiton(Granular) $ 427.45 2 $ 854.90 Herbicide Applications $ 386.05 10 $ 3,860.50 K. Canaveral City Park and Ball Park Turf Applications(Granual/Liquid) $ 185.40 6 $ 1,112.40 Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 7920 Orange Ave - (Top Choice - Both Infields and Herbicide Applications $ 56.45 10 $ 564.50 Outfields; Playgrounds;and Pavillion) Turf Applications(Little League Infield) $ 77.25 12 $ 927.00 Top Choice Application $ 1,133.00 1 $ 1,133.00 L. Center Street Park and Streetscape Turf Applications(Granual/Liquid) $ 15.45 6 $ 92.70 Ornamental Fertilization(Granular) $ 92.70 2 $ 185.40 West End of Center Street. Tree Fertilizaiton(Granular) $ 30.90 2 $ 61.80 (Off N.Atlantic Ave.) Herbicide Applications $ 128.55 10 $ 1,285.50 Exhibit"I" Times Per Application Areas Unit Cost Year Total Cost Address/Notes M. South City Entrance Sign Turf Applications(Granual/Liquid) $ - $ - Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 N.Atlantic Ave Tree Fertilizaiton(Granular) $ 15.45 2 $ 30.90 (Between Grant Ave and Johnson Ave.) Herbicide Applications $ 41.00 10 $ 410.00 N. AlA Landscaped Areas Ornamental Fertilization(Granular) $ 231.75 2 $ 463.50 Tree Fertilizaiton(Granular) $ 231.75 2 $ 463.50 Herbicide Applications $ 241.85 10 $ 2,418.50 O. Patriots Park Turf Applications(Granual/Liquid) $ 30.90 6 $ 185.40 Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 West End of Longpoint Rd. Tree Fertilizaiton(Granular) $ 15.45 2 $ 30.90 (W.Side of N.Atlantic Ave) Herbicide Applications $ 56.45 10 $ 564.50 Top Choice - Playground Top Choice Application $ 103.00 1 $ 103.00 P. Columbia Drive Turf Applications(Granual/Liquid) $ 46.35 6 $ 278.10 Ornamental Fertilization(Granular) $ - $ - Tree Fertilizaiton(Granular) $ 30.90 2 $ 61.80 Herbicide Applications $ - $Q. Thurm Blvd.Medians Turf Applications(Granual/Liquid) $ 30.90 6 $ 185.40 Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 Herbicide Applications $ - $R. Manatee Park Turf Applications(Granual/Liquid) $ 30.90 6 $ 185.40 901 Thurm Blvd. Ornamental Fertilization(Granular) $ 46.35 2 $ 92.70 (Park located on river just north of Cape Canaveral Tree Fertilizaiton(Granular) $ 61.80 2 $ 123.60 Herbicide Applications $ 334.55 10 $ 3,345.50 Public Works Facility) Top Choice Application $ 772.50 1 $ 772.50 Top Choice - Pavilion, Exercise Train and Bench Areas Exhibit"I" Times Per Application Areas Unit Cost Year Total Cost Address/Notes S. Banana River Park Turf Applications(Granual/Liquid) I $ 154.50 I 6 I $ 927.00 Ornamental Fertilization(Granular) $ 23.18 2 $ 46.36 801 Thurm Blvd. Tree Fertilizaiton(Granular) $ 84.98 2 $ 169.96 Top Choice - Soccer Field and Playground Herbicide Applications $ 118.24 10 $ 1,182.40 Top Choice Application $ 721.00 1 $ 721.00 T. N.City Entrance Sign AlA Turf Applications(Granual/Liquid) $ - $ - Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 North end of Cape Canaveral on west side of Astronaut Tree Fertilizaiton(Granular) $ - $ - Blvd. Herbicide Applications $ 41.00 10 $ 410.00 U. N.Atlantic Entrance Sign Turf Applications(Granual/Liquid) $ $ North end of Cape Canaveral on West side of N.Atlantic Ornamental Fertilization(Granular) $ 15.45 2 $ 30.90 near the Port Entrance Herbicide Applications $ 41.00 10 $ 410.00 V. Water Reclamation Plant Turf Applications(Granual/Liquid) $ - $ - Ornamental Fertilization(Granular) $ 30.45 2 $ 60.90 701 Thurm Blvd. Tree Fertilizaiton(Granular) $ 92.70 2 $ 185.40 Herbicide Applications $W. Aquatics North &South sides of W.Central Blvd between South Gate Mobile Home Park and Oak Manor Drive - Aquatic Herbicide Application $ 320.00 12 $ 3,840.00 $50.00x12=$600.00; Manatee Park Ponts - $16.25x12=$195.00' Water Treatment Plant Points - $6.25x12=$75.00 X. Sandpiper Park Playground(Canaveral Ballpark) Turf Applications(Granual/Liquid) I $ 61.80 I 6 I $ 370.80 Y. Ridewood Ave Turf Applications(Granual/Liquid) $ 229.90 6 $ 1,379.40 Ornamental Fertilization(Granular) $ 157.59 2 $ 315.18 Tree Fertilizaiton(Granular) $ 92.70 2 $ 185.40 Ridgewood Ave. Herbicide Applications $ 185.20 10 $ 1,852.00 Top Choice Application $ - $ - Aquatic Herbicide Applications $ - $ - Exhibit"I" Times Per Unit Cost Year Total Cost Address/Notes Bid Tab Sheet Grand Total Location Totals Turf Areas $ 11,298.30 Top Choice $ 2,729.50 Ornamentals $ 4,305.54 Trees $ 3,826.46 Herbicide Application $ 24,681.90 Aquatic Application $ 3,840.00 Facilities Pest Control $ 3,924.30 (liana I otat Lrlerrilcal t ia: $ 54,606.00 City of Cape Canaveral City Council Meeting - August 18, 2020 Agenda Item Summary Item No. 4 Subject: Approve Grant Agreement LPA0096 with Florida Department of Environmental Protection to receive funds in the amount of $250,000 from the State Legislature for construction of Cape Canaveral Wastewater Treatment Plant Improvements and authorize the City Manager to execute same. Department: Capital Projects Summary: The City of Cape Canaveral (City) entered into Consent Order OGC File No. 18-0916 with Florida Department of Environmental Protection (FDEP) in July 2018 due to historical effluent exceedances of nitrogen and phosphorous at the Water Reclamation Facility (WRF). The Consent Order required that a number of tasks be performed including the performance of the following: • Increase influent and effluent sampling/analysis; • Distribute and evaluate questionnaires to potential Significant Industrial Users (Sills); • Clean fermentation, pre- and post -anoxic basins; • Install nutrient probes and associated monitoring equipment; • Install variable speed drives on internal recycle (IR) pumps; • Install IR flow meter, piping modifications, isolation plug valves and vaults; • Replace Return Activated Sludge (RAS) flow meter; • Install/replace final polishing system including installation of a carbon polishing unit and replacement of the sand filtration system; and • Replace influent screen system (pre-treatment structure). All of the tasks have been completed to date or are currently being completed with the exception of the last two listed projects. Project Description: The final two Consent Order tasks will be completed in two phases as part of a single project. Descriptions of the work phases are as follows: • Replacement of influent screen system —The initial project phase is to replace the entire pre- treatment structure (headworks). The current headworks includes mechanical and manual bar screens that frequently clog, impact downstream treatment equipment and require extensive maintenance. Both screens have exceeded their useful life, are maintenance intensive and allow debris into the waste stream thus impacting the downstream treatment process. The entire headworks will be replaced with a high -efficiency drum screen to remove debris entering the waste stream and significantly reduce future maintenance costs. • Replacement of sand filters — The secondary project phase is to replace the entire sand filtration system. The filters are located downstream in the treatment process and filter out concentrations of nitrogen and phosphorous. The sand filtration units have exceeded their useful life, are maintenance intensive and are less efficient than newer technologies in the removal of nitrogen and phosphorous. The sand filters will be replaced with high -efficiency disc filters to provide advanced filtration of the waste stream. As a final effluent polishing agent, a carbon feed system will also be installed to further treat the waste stream. City of Cape Canaveral City Council Meeting — August 18, 2020 Agenda Item No. 4 Page 2 of 2 Project Funding: The engineer's estimate for project completion is $1.786 million and is included as part of the City's most recent State Revolving Fund (SRF) loan. To potentially reduce the City's portion of the loan amount, Staff solicited assistance from State Representative Tyler Sirois, State Senator Tom Wright and our contracted lobbyist Jerry Sansom. Staff met with State Reprentative Sirois and assisted in filing application papers to the 2020 State Legislature requesting funding assistance for the project. The request was subsequently approved by the State Legislature and Govenor in 2020 in the amount of $250,000. Taking into consideration that Governor Ron DeSantis vetoed over $1 billion in funding requests from cities and counties throughout the state for infrastructure projects, the City was fortunate to receive approval. Special thanks to our State Legislative Representatives, lobbyist and Governor for this project funding assistance. The proposed Grant Agreement is attached. Submitting Department Director: Jeff Ratliff ' Date: 08/07/2020 Attachment: State of Florida FDEP Standard Grant Agreement Number LP0096 Financial Impact: $250,000 from the State Legislature for construction of Cape Canaveral Wastewater Treatment Plant Improvements reducing the City's SRF Loan amount by that amount. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial )(7 Services Director: John DeLeo ' Date: 08/07/2020 The City Manager recommends the City Council take the following actions: Approve Grant Agreement LPA0096 with Florida Department of Environmental Protection to receive funds in the amount of $250,000 from the State Legislature for construction of Cape Canaveral Wastewater Treatment Plant Improvements and authorize the City Manager to execute same. Approved by City Manager: Todd Morley Date: 08/07/2020 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Cape Canaveral Wastewater Treatment Plant Agreement Number: LPA0096 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: City of Cape Canaveral Grantee Address: 100 Polk Avenue Cape Canaveral, Florida 32920 Entity Type: Local Government FEID: 59-0974636 (Grantee) 3. Agreement Begin Date: Upon Execution Date of Expiration: 6/30/2022 4. Project Number: 0029Y (If different from Agreement Number) Project Location(s): Cape Canaveral, Brevard County Project Description: The project will construct upgrades to the City of Cape Canaveral's Wastewater Treatment Plant (W WTP): 1) replace the pre-treatment system (headworks) which collects debris from the sanitary sewer system influent; and 2) replace the sand filter system which filters out nitrogen and phosphorous from the waste stream. 5. Total Amount of Funding- $2.50,000.00 Funding Source? ® State ❑Federal Award #s or Line Item Appropriations: LP, GAA LI 1635A, FY 20-21, GR Amount per Source(s): $250,000.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding + Grantee Match, if any: $250,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Taufiqul Aziz or successor Address: 3900 Commonwealth Boulevard MS 3570 Tallahassee, Florida 32399-3000 Phone: (850) 245-2950 Email: taufiqul.aziz@dep.state.fl.us Name: Jeff Ratliff or successor Address: 100 Polk Avenue Cape Canaveral, Florida 32920 Phone: (321) 868-1220 ext. 221 Email: j.rtliff@cityofcapecanaveral.org 7. The Parties agree to comply with the terms and conditions incorporated by reference: of the following attachments and exhibits which are hereby V Attachment 1- Standard Terms and Conditions Applicable to All Grants Agreements "A Attachment 2: Special Terms and Conditions Z Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements V Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): Z Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form V Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. LPA0096 Rev. 6/20/18 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Number(s) (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. City of Cape Canaveral GRANTEE Grantee Name By (Authorized Signature) Todd Morley, City Manager Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Trina Vielhauer, Director of Water Restoration Assistance Print Name and Title of Person Signing WI Additional signatures attached on separate page. DEP Agreement No. LPA0096 Rev. 6/20/18 DWRA Additional Signatures DEP Grant Manager DEP QC Reviewer Grantee Additional Signatures Title DEP Agreement No. LPA0096 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1 of 11 Rev. 5/6/2020 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perfonn/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Depaihiient may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2 of 11 Rev. 5/6/2020 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AANendors/defaulthtm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Attachment 1 3 of 11 Rev. 5/6/2020 c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting Attachment 1 4of11 Rev. 5/6/2020 period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and Attachment 1 5 of 11 Rev. 5/6/2020 to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing Attachment 1 6 of 11 Rev. 5/6/2020 resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. Attachment 1 7 of 11 Rev. 5/6/2020 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole Attachment 1 8 of 11 Rev. 5/6/2020 option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http ://do s.my florida. com/library-archive s/records-management/general-rec ords- schedule s/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form Attachment 1 9 of 11 Rev. 5/6/2020 number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: hops:\\apps. fldfs. com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Depaituient may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Attachment 1 10of11 Rev. 5/6/2020 Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11of11 Rev. 5/6/2020 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. LPA0096 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Cape Canaveral Wastewater Treatment Plant Improvements. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Attachment 2 1 of 2 Rev. 5/6/2020 Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed -price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. The Grantee will identify the expected return on investment for this project and provide this information to the Governor's Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days after the end of each quarter, documenting the positive return on investment to the state that results from the Grantee's project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at env.roi@laspbs.state.fl.us, and a copy shall also be submitted to the Department at legislativeaffairs@floridaDEP.gov. 14. Additional Terms. Attachment 2 2 of 2 Rev. 5/6/2020 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Cape Canaveral Wastewater Treatment Plant Improvements PROJECT LOCATION: The Project will be located in the City of Cape Canaveral (City or Grantee) within Brevard County; Lat/Long (28.392582, -80.617584). PROJECT BACKGROUND: Many of the City's Water Reclamation Facility (WRF) treatment components were constructed in the 1960s and rehabbed in the 1990s, and have exceeded their useful life. Newer and more efficient technologies are now available that significantly improve the wastewater treatment process. This project will upgrade the treatment process so that WRF effluent (reclaimed water) contains lower concentrations of nitrogen and phosphorous, thus (1) improving the quality of reclaimed water available for irrigation to City residents and (2) reducing concentrations of nitrogen and phosphorous in surface water runoff to the Banana River, part of the Indian River Lagoon system and an Outstanding Florida Water. The City entered into a Consent Order (OGC File No. 18-0196) with Florida Depaitnient of Environmental Protection (FDEP) in 2018 due to several exceedances in nitrogen and phosphorous in the WRF effluent. As part of the consent order, the City was required to complete a WRF Process Evaluation Report. The report was completed in 2019 and approved by FDEP. All of the projects listed below are either complete or in the process of being completed, with the exception of the Influent Screen Structure/Tertiary Filter Improvements. Consent Order Report proposed improvements include: • Perform increased influent sampling (two times per week); • Perform increased effluent sampling (two times per week); • Prepare, distribute and evaluate questionnaires to potential Significant Industrial Users (SIUs); • Clean fermentation, pre and post anoxic basins; • Install nutrient probes and associated monitoring; • Install variable speed drives on internal recycle pumps; • Install IR flow meter, piping modifications, isolation plug valves and vault; • Replace RAS flow meter; • Install supplemental carbon system; and • Replace influent screen system. PROJECT DESCRIPTION: (1) Replacement of Pretreatment Structure: The initial project phase is to replace the entire pre-treatment structure (headworks) of the WRF. The current headworks includes mechanical and manual bar screens that frequently clog, impact downstream treatment equipment and require extensive maintenance. Both screens have exceeded their useful life, are maintenance intensive and allow debris into the waste stream thus impacting the downstream treatment process. The entire headworks will be replaced with a high efficiency drum screen to remove debris entering the waste stream and significantly reduce future maintenance costs. (2) Replacement of Sand Filters: The secondary project phase is to replace the entire sand filtration system. The filters are located downstream in the treatment process and filter out concentrations of nitrogen and phosphorous. The sand filtration units have exceeded their useful life, are maintenance intensive and are DEP Agreement No. LPA0096, Attachment 3, Page 1 of 2 less efficient than newer technologies in the removal of nitrogen and phosphorous. The sand filters will be replaced with high efficiency disc filters to provide advanced filtration of the waste stream. TASKS: Task #1: Bidding and Contractor Selection Deliverables: The Grantee will prepare a bid package, publish a public notice, solicit bids, conduct pre -bid meetings, and respond to bid questions in accordance with the Grantee's procurement process, to select one or more qualified and licensed contractors to complete construction of the Influent Screen Structure/Tertiary Filter Improvements. Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid package; and 3) a written notice of the selected contractor. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement following the conclusion of the task. Task #2: Construction Deliverables: The Grantee will construct the Cape Canaveral Wastewater Treatment Plant Improvements in accordance with the construction contract documents. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 2) a signed Engineer's Certification of Payment Request. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than quarterly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task No. Task Title Budget Category Grant Amount Task Start Date Task End Date 1 Bidding and Contractor Selection Contractual Services $1,000.00 09/01/2020 10/15/2020 2 Construction Contractual Services $249,000.00 11/15/2020 09/01/2021 Total: $250,000.00 DEP Agreement No. LPA0096, Attachment 3, Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor'; or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gov Attachment 5 1 of 6 BGS-DEP 55-215 revised 7/2019 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 BGS-DEP 55-215 revised 7/2019 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS-DEP 55-215 revised 7/2019 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local govemmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 BGS-DEP 55-215 revised 7/2019 EXHIBIT—1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note:If the resources awarded to the recipient represent more than one federal program,provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation A Federal Agency Number CFDA Title Funding Amount Category Federal State Program CFDA Appropriation B Federal Agency Number CFDA Title Funding Amount Category Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program First Compliance requirement:i.e.:(what services of purposes resources must be used for) A Second Compliance requirement:i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program First Compliance requirement:i.e.:(what services of purposes resources must be used for) B Second Compliance requirement:i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Attachment 5,Exhibit 1 5 of 6 BGS-DEP 55-215 Revised 7/2019 Note:If the resources awarded to the recipient for matching represent more than one federal program,provide the same information shown below for each ederal program and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation A Federal Agency CFDA CFDA Title Funding Amount Category Federal State Program Appropriation B Federal Agency CFDA CFDA Title Funding Amount Category Note:If the resources awarded to the recipient represent more than one state project,provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this Agreement Co isist of the Following Resources Subject to Section 215.97,F.S.: State CSFA Title State Program State CSFA or Appropriation A State Awarding Agency Fiscal Year' Number Funding Source Description Funding Amount Category Original Department of Statewide Surface Water Restoration Agreement Environmental Protection 20-21 37.039 and Wastewater Projects $250,000 140047 State CSFA Title State Program State CSFA or Appropriation B State Awarding Agency Fiscal Year' Number Funding Source Description Funding Amount Category Total Award I $250,000 Note:List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs.Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping(i.e. 1, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance(CSFA)[httns://anus.fldfs.com/fsaa/searchCataloa.asDX],and State Projects Compliance Supplement(Part Four: State Projects Compliance Supplement [httm://anns.fldfs.com/fsaa/state project comDliance.asnx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. ' Subject to change by Change Order. 2 Subject to change by Change Order. Attachment 5,Exhibit 1 6 of 6 BGS-DEP 55-215 Revised 7/2019 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form DEP Agreement No.: Project Title: Grantee Name: Grantee's Grant Manager: Reporting Period: Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period. Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered. Add or remove task sections and use as many pages as necessary to cover all tasks. Use the format provided below. Task #: Task Title • Progress for this reporting period: Add Text • Identify any delays or problems encountered: Add Text Task #: Task Title • Progress for this reporting period: Add Text • Identify any delays or problems encountered: Add Text Indicate the completion status for the following tasks (if included in the Grant Work Plan): • Design (Plans/Submittal): 30% ❑, 60% ❑, 90% ❑, 100% ❑ • Permitting (Completed): Yes ❑, No ❑ • Construction (Estimated): This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date Exhibit A, Page 1 of 1 Rev. 12/02/19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: https://floridadep.gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request. Exhibit C, Page 1 of 1 Rev. 12/02/19 City of Cape Canaveral City Council Meeting - August 18, 2020 Agenda Item Summary Item No. 5 Subject: Approve Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $262,610 with U.S. Lawns of Brevard dba Micnor Corp. and authorize the City Manager to execute same. Department: Public Works Services Summary: The City and U.S. Lawns of Brevard (U.S. Lawns) entered into a Professional Services Agreement on February 18, following an awarded contract of the City's Mowing/Maintenance of all City -owned Areas, including FDOT areas in the City's rights -of -way. The previous contract was for a seven (7) month period and provides for five (5) one year extensions. Staff is very pleased with the services provided by U.S. Lawns. U.S. Lawns unit prices have decreased however the full year contract total has increased because last year's contract was for only seven (7) months. The contract amount for seven (7) months was $190,043.00 vs. twelve (12) months for $262,610.00. This will include the trimming of palms on City - owned right-of-ways, parks and City owned properties. U.S. Lawns will continue using green products (glyphosate and nitrogen -free) for weed control throughout all of the City -owned landscape beds. All prices for the one-year contract are included in Exhibit "1". The initial Agreement will expire on September 30, 2021. The proposed Addendum to the Professional Services Agreement is attached and includes the following: • Extends the Professional Services Agreement for one year (from October 1, 2020 to September 30, 2021); and • Reflects the increased total contract amount of $262,610. Submitting Department Director: James Moore Date: 07/30/2020 Attachment: Addendum to Professional Services Agreement with Exhibit "1" Bid Tab Sheet Financial Impact: $262,610 for the mowing and landscaping maintenance contract to U.S. Lawns of Rockledge, Florida funded by various City Departments; Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/30/2020 The City Manager recommends the City Council take the following actions: Approve Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $262,610 with U.S. Lawns of Brevard dba Micnor Corp. and authorize City Manager to execute same. Approved by City Manager: Todd Morley Date: 07/30/2020 ADDENDUM TO U.S. LAWNS OF BREVARD PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this day of , 2020 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and U.S. LAWNS OF BREVARD DBA MICNOR CORP, a Florida corporation, whose principal address is 374 Commerce Parkway, Rockledge, FL 32955 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into the February 18, 2020 "U.S. Lawns of Brevard Professional Services Agreement" ("Agreement") following an award of the City's "Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract to Contractor; and WHEREAS, the agreement is scheduled to terminate on September 30, 2020; and WHEREAS, the parties mutually desire to extend the term of the Agreement as set forth herein; and WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of this Agreement for one (1) year, commencing on October 1, 2020 and terminating at midnight on September 30, 2021. Addendum to Professional Services Agreement City of Cape Canaveral/U.S. Lawns of Brevard Page 1 of 3 ARTICLE 3 — SCOPE OF SERVICES Contractor shall do, perform, deliver and carry out, in a professional manner, the types of services as set forth in Exhibit "1", Scope of Services, attached hereto and fully incorporated herein by this reference. ARTICLE 4 — PAYMENT OF CONTRACTOR The City shall pay to Contractor $262,610 for mowing and maintenance of certain landscaped areas of the City and of the Central Ditch, as described in Exhibit "1", Scope of Services. The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement shall be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices shall be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 5 — NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: James Moore, Public Works Services Director City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Brandon Silverstein, Owner U.S. Lawns of Brevard 374 Commerce Parkway Rockledge, FL 32940 Copy to: Todd Morley, City Manager City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920 Addendum to Professional Services Agreement City of Cape Canaveral/U.S. Lawns of Brevard Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: Todd Morley, City Manager By: Mia Goforth, City Clerk CONTRACTOR: U.S. Lawns of Brevard, a Florida corporation. WITNESSES: By: Print Name: Print Name: Title: Print Name: Addendum to Professional Services Agreement City of Cape Canaveral/U.S. Lawns of Brevard Page 3 of 3 Exhibit "1" City of Cape Canaveral Mowing and Landscape Maintenance Bid#2020-01 TAB SHEET BID AREA I TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS City Hall.Cape Center. BCSO.Canaveral City Hall-100 Polk Ave. A Fire and Rescue.Community and Economic Development. Library BCSO Precinct-111 Polk Ave. Mowing Operations $ 207.90 44 $ 9,147.60 Canaveral Fire and Rescue- Hedge Trimming $ 225.00 12 $ 2,700.00 190 Jackson Ave. Weed Spraying $ 40.50 12 $ 486.00 Cape Center-105 Polk Ave. Palm Trimming(57-[45 IM; 12 Lib]) $ 1,311.00 1 $ 1,311.00 Library-201 Polk Ave. B Recreation Complex I Mowing Operations $ 180.00 44 $ 7,920.00 7300 N.Atlantic Ave.(SR A1A) Hedge Trimming $ 290.70 12 $ 3,488.40 Palm Trimming(20) $ 460.00 1 $ 460.00 i C Xeriscape Park III South Side of Cape Center Mowing Operations $ 41.40 44 $ 1,821.60 (105 Polk Ave.)between Polk and Hedge Trimming $ 73.80 12 $ 885.60 Taylor Ave. Palm Trimming(4) $ 82.80 1 $ 82.80 I I I D Veteran's Memorial Park Mowing Operations $ 72.00 44 $ 3,168.00 Adjacent to Library Hedge Trimming $ 73.80 12 $ 885.60 (201 Polk Ave.) Palm Trimming(6) $ 124.20 1 $ 124.20 Page 1 of 9 Exhibit "1" City of Cape Canaveral Mowing and Landscape Maintenance Bid#2020-01 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS •E I Bennix Park Washington Ave. North Side Mowing Operations $ 72.00 44 $ 3,168.00 (Between Poinsetta Ave.and Hedge Trimming $ 184.50 12 $ 2,214.00 Rosalind Ave.) Palm Trimming(30) $ 690.00 1 $ 690.00 F Canaveral&Canaveral Beach Blvds. fl. (Medians Only) Mowing Operations $ 108.00 44 $ 4,752.00 Hedge Trimming $ 207.00 12 $ 2,484.00 Palm Trimming(98) $ 2,254.00 1 $ 2,254.00 ■ East Central Blvd. G (Medians Only) and West Central Blvd. ■ (Medians and Tree Lines) --milli Mowing Operations $ 225.00 44 $ 9,900.00 Hedge Trimming $ 139.50 I 12 $ 1,674.00 Palm Trimming(106) $ 2,438.00 1 $ 2,438.00 i I ■ i H Cape View Elementary Tree Line and Kinderaarten Cape View Elementary School Mowing Operations $ 45.00 _ 44 $ 1,980.00 - (8840 Rosalind Ave.) _I Palm Trimming(17) $ 391.00 1 $ 391.00 Page 2 of 9 Exhibit "1" City of Cape Canaveral Mowing and Landscape Maintenance Bid #2020-01 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS Harbor Heiahts I (Medians Only) Mowing Operations $ 36.00 44 $ 1,584.00 Harbor Dr. a Trimming (Off N.Atlantic Ave.) Hedge $ 63.00 12 $ 756.00 Palm Trimming(4) $ 92.00 1 $ 92.00 J N.Atlantic Ave. SR A1A/N.Atlantic to Welcome Sign Mowing Operations $ 58.50 44 $ 2,574.00 North End of N Atlantic Ave. by Port Hedge Trimming $ 67.50 12 $ 810.00 1 ' K Canaveral City Park and Ball Park .11_ Mowing Operations $ 270.00 44 $ 11,880.00 Infield Mowing $ 54.00 80 $ 4,320.00 7920 Orange Ave. Hedge Trimming $ 63.00 12 $ 756.00 Palm Trimming(144) $ 3,312.00 1 $ 3,312.00 Aeration,Top Dressing,and Verticutting $ 2,750.00 1 $ 2,750.00 L Center Street Park and Streetscaoe I Mowing Operations $ 45.00 44 $ 1,980.00 West End of Center St. Hedge Trimming $ 52.20 12 $ 626.40 (Off N.Atlantic Ave.) Palm Trimming(19) $ 437.00 1 $ 437.00 M South City Entrance Sian I -i _ I ' SR A1A Mowing Operations $ 32.40 44 $ 1,425.60 (Northeast Corner Including Palm Hedge Trimming $ 52.20 12 $ 626.40 Tree Area Parallel to Grant Ave.) Palm Trimming(9) $ 207.00 1 $ 207.00 Page 3 of 9 Exhibit "1" City of Cape Canaveral Mowing and Landscape Maintenance Bid#2020-01 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS N SR A1A Landscaped Easement Areas Christ Lutheran Church-7511 N. Atlantic Ave. Center St.-7077 N.Atlantic Ave. Mowing Operations 44 (Two Areas North and South of $ 198.00 $ 8,712.00 Center St.on SR A1A) Area Immediately North of 6395 N. Hedge Trimming 12 Atlantic Ave.and South of Cape $ 160.20 $ 1,922.40 Shores Dr. Palm Trimming(35) $ 805.00 1 $ 805.00 6121 N.Atlantic Ave. ,0 Patriots Park East End of Longpoint Rd. Mowing Operations $ 54.00 44 $ 2,376.00 (West Side of N.Atlantic Ave.) Palm Trimming(21) $ 483.00 1 $ 483.00 ,P Columbia Drive(Medians Only) Mowing Operations $ 76.50 44 $ 3,366.00 Medians Only Hedge Trimming $ 184.50 12 $ 2,214.00 Palm Trimming(9) $ 207.00 1 $ 207.00 'Q Thurm Boulevard(Medians Only) J I I Mowing Operations $ 76.50 44 $ 3,366.00 Medians Only Hedge Trimming $ 117.00 12 $ 1,404.00 Palm Trimming(14) $ 322.00 1 $ 322.00 Page 4 of 9 Exhibit "1" City of Cape Canaveral Mowing and Landscape Maintenance Bid #2020-01 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS R Manatee Sanctuary Park - 701 Thurm Blvd.(Park Is Located on Mowing Operations $ 270.00 44 $ 11,880.00 River Just North of Water Palm Trimming(238) $ 5,474.00 1 $ 5,474.00 Reclamation Facility) Edging of Exercise Trail $ 31.50 12 $ 378.00 . S Banana River Park A , in901 Puerto Del Rio Dr.Soccer Field Mowing Operations $ 118.80 80 $ 9,504.00 and Park Area Including Canoe Palm Trimming(38) $ 874.00 1 $ 874.00 Launch Area T North City Entrance Sian A1A i Mowing Operations $ 36.00 44 $ 1,584.00 North End of Cape Canaveral on Hedge Trimming $ 45.00 12 $ 540.00 West Side of Astronaut Blvd. Palm Trimming(6) $ 138.00 1 $ 138.00 U N.Atlantic Ave. Entrance Sian North End of Cape Canaveral on Mowing Operations $ 36.00 44 $ 1,584.00 West Side of N.Atlantic Ave. by Port 14 Entrance Palm Trimming(14) $ 322.00 1 $ 322.00 ✓ Ridaewood Ave. Redevelopment Project Parallel to Mowing Operations $ 261.00 44 $ 11,484.00 Oceanfront from East Central Blvd.to Hedge Trimming $ 247.50 12 $ 2,970.00 Johnson Ave. Palm Trimming(106) $ 2,438.00 1 $ 2,438.00 Page 5 of 9 Exhibit "1" City of Cape Canaveral Mowing and Landscape Maintenance Bid #2020-01 TAB SHEET BID AREA II TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY A I N.Atlantic Ave. North Entrance Sign to Landscaped Mowing Operations $ 256.50 24 $ 6,156.00 Triangle Area(Undeveloped Areas Only) Palm Trimming(61) $ 1,403.00 • 1 $ 1,403.00 B East Central Blvd.-From N.Atlantic Ave. East to Ridaewood Ave. Mowing Operations $ 238.50 24 $ 5,724.00 (Undeveloped Areas Only) Palm Trimming(60) $ 1,500.00 1 $ 1,500.00 C West Central Blvd.-From Thurm Blvd East to N.Atlantic Ave. Mowing Operations $ 104.40 24 $ 2,505.60 (Undeveloped Areas Only) Palm Trimming(39) 1 $ 975.00 1 $ 975.00 H Beach End Streets(Harbor Heiahts to Johnson Ave.) Mowing Operations $ 148.50 24 $ 3,564.00 Harbor Heiahts/Harbor Dr.Stormwater E Retention Harbor Dr.(Off N.Atlantic Ave.)Cul de Sac Area at East End Mowing Operations $ 59.40 24 $ 1,425.60 H Oak Lane ROW on Both Sides of Roadway Mowing Operations $ 59.40 24 $ 1,425.60 G 1 SR A1A East Side and West Side Mowing Operations $ 223.20 24 $ 5,356.80 (Undeveloped Areas Only) H Thurm Blvd. From SR A1A on East Side to West Mowing Operations - - Central Blvd.on North Side(To the $ 297.00 24 $ 7,128.00 Wall of Discovery Bay Development) Palm Trimming(32) $ 800.00 1 $ 800.00 Page 6 of 9 Exhibit "1" City of Cape Canaveral Mowing and Landscape Maintenance Bid#2020-01 TAB SHEET BID AREA II(Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY I I Jefferson/Poinsettia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 31.50 24 $ 756.00 H Washinaton/Poinsettia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 31.50 24 $ 756.00 H Madison/Maanolia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 29.70 24 $ 712.80 H Buchanan/Oranae Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 29.70 24 $ 712.80 HI Canaveral Blvd. Right-of-way on the North Side of Canaveral Blvd. in Front of Gated Mowing Operations _ $ 45.00 24 $ 1,080.00 _ Development. Page 7 of 9 Exhibit "1" City of Cape Canaveral Mowing and Landscape Maintenance Bid #2020-01 TAB SHEET BID AREA III TIMES PER WATER RECLAMATION FACILITY AND LIFT UNIT COST YEAR TOTAL COST ADDRESS/NOTES STATIONS A Water Reclamation Facility 601 Thurm Blvd. Mowing Operations 1 $ 463.00 44 $ 20,372.00 B Lift Stations See Attached List and Map for Mowing Operations $ 210.00 44 $ 9,240.00 Locations. BID AREA IV UNIT COST TIMES PER TOTAL COST MOWING/SLOPE MOWING OF CENTRAL YEAR LOCATION: North and South of West DITCH AND OTHER AREAS Central Blvd.from Port to SR A1A. A Central Ditch - $ 675.00 12 $ 8,100.00 B StormwaterMowing Pond-Operationsee Park Manat lir LOCATION: 701 Thurm Blvd. Mowing Operations $ 99.00 44 $ 4,356.00 C Stormwater Ponds-Plant LOCATION: 601 Thurm Blvd. Mowing Operations $ 83.00 44 $ 3,652.00 D Stormwater Easement Or LOCATION: 8893 N.Atlantic Ave. Mowing Operations $ 500.00 1 $ 500.00 Ir BID AREA V lr UNIT COST TIMES PER TOTAL COST Miscellaneous Mowina Der Reauest YEAR A I Code Enforced Empty Lots. ROWs and Abandoned Residential Lots $ 1,500.00 1 I $ 1,500.00 Page 8 of 9 Exhibit "1" City of Cape Canaveral Mowing and Landscape Maintenance Bid #2020-01 TAB SHEET BID #2020-01 TAB SHEET GRAND TOTAL BID AREA I - LANDSCAPED AREAS $ 172,909.60 BID AREA II - RIGHTS-OF-WAY $ 41,981.20 BID AREA III -WATER RECLAMATION FACILITY AND LIFT STATIONS $ 29,612.00 I BID AREA IV - MOWING/SLOPE MOWING OF CENTRAL DITCH AND OTHER AREAS $ 16,608.00 I BID AREA V- MISCELLANEOUS MOWING PER REQUEST $ 1,500.00 GRAND TOTAL OF BID AREAS I, II, III AND IV $ 262,610.80 VENDOR INFORMATION NOTES: In this bid tabulation sheet a total of $27,563.00 is for the Palm trimming. The COMPANY NAME: U.S. Lawns of Brevard actual base contract amount for maintenance services is $235,047.80 COMPANY REPRESENTATIVE: Shawn Choron MAILING ADDRESS: 374 Commerce Pkwy. Rockledge, Fl.32955 ,OFFICE-321-636-0655 PHONE: MOBILE-321-302-9794 Page 9 of 9 City of Cape Canaveral City Council Meeting - August 18, 2020 Agenda Item Summary Item No. 6 Subject: Examine additional information and paperwork related to the Application for Reduction of a $47,425.00 Code Enforcement Lien, Case No. 18-183 (8497 Ridgewood Drive) and finalize the Lien reduction request. Department: City Attorney and Community Development Summary: A. Previous Action by Council. At its July 21, 2020 Regular Meeting, the City Council considered an Application for Satisfaction or Reduction of Code Enforcement Lien ("Application") filed by American Investment Strategies, LLC. ("AIS"). The subject Lien is in the amount of $47,425.00 and was recorded in the Official Records of Brevard County, Florida at Official Record Book 8174, Page 195. ("Lien"). A significant amount of attention was given to this Application and Lien by the City Council and after considerable discussion, the Council approved a lien reduction to a final payoff amount of $23,000.00. However, the Council requested that the City Attorney reexamine the Application and work with City Staff to ensure the Application and necessary paperwork is presented to the Council at the August 18, 2020 Regular Meeting for further review. In furtherance of responding to this Council decision, the City Attorney and Staff believe it is a good opportunity to explain the Code Enforcement Lien process in more detail before Council makes a final decision. B. Requested Action Regarding Lien Amount and Payoff. Given the Council's previous decision, City Staff has delayed final completion of this matter pending Council's review of this Agenda Item. Therefore, the requested action is for the City Council to review the background information provided in this Agenda Item and reexamine the July 21, 2020 Council decision, if deemed necessary by Council. Unless otherwise directed by the City Council, City Staff will advise the Applicant after this meeting that the decision made by Council on July 21, 2020 is final. Therefore, if the previous Council decision is final, a release of Code Enforcement Lien will be recorded by the City upon full payment of $23,000.00. Further, the Applicant will have thirty (30) days from this meeting date (September 17, 2020) in which to make payment. If the Applicant fails to timely make the reduced payment, the City Code provides that the Applicant shall be barred from applying for a subsequent reduction or release of lien for a period of one year from the date of this meeting. During the one-year period, the Lien may only be satisfied and released upon full payment of the fine or penalty imposed, which in this case is $47,425.00. C. City Council's Role Regarding Code Enforcement Liens — a Basic Primer. Code Enforcement is governed by Chapter 162, Florida Statutes and a myriad of corresponding City Codes which were adopted by Council in furtherance of applicable Florida Statutes including Cape Canaveral Code, Chapter 2, Article VI Code Enforcement. Under the law, a code enforcement board or special magistrate has the power to impose civil penalties against code violators. A certified copy of an order imposing a fine, or a fine plus repair City of Cape Canaveral City Council Meeting — August 18, 2020 Agenda Item No. 6 Page 2 of 9 costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. The lien, and corresponding fine, shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed by the City, whichever occurs first. Under certain circumstances the City may choose to enforce the Code Enforcement Lien. In such cases, the City could petition the circuit court to enforce the lien in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. Additionally, after 3 months from the filing of any such lien which remains unpaid, the code enforcement board or special magistrate may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. However, when it comes to release and satisfaction of a Code Enforcement Lien, the lien arising from a code enforcement fine imposed under Chapter 162, Florida Statutes runs in favor of the local governing body (city council), and the local governing body (city council) may execute a satisfaction or release of lien entered pursuant to this section. Therefore, although the Code Enforcement Board or Special Magistrate is charged with initiating enforcement and collection of code enforcement liens through foreclosure or money judgement, the City Council is charged with considering any request to release and satisfy a code enforcement lien because such liens run in favor of the governing body. Hence the reason why this matter is being presented to the City Council in this particular case. D. City Council Policy Regarding Satisfaction or Release of Code Enforcement Liens. Unlike some municipalities that have no formal written policy regarding requests to release and satisfy code enforcement liens, the City Council had the foresight many years ago to adopt a detailed procedure to process application requests for satisfaction or release of code enforcement liens submitted by persons or entities with an interest in the lien when the applicant is seeking a proposed or negotiated reduction in the payoff amount of the lien. The City Council may alternatively satisfy or release a code enforcement lien by other legal means or in a legal proceeding, but those alternatives do not exist in this case. The current application procedure is set forth in Section 2-260 of the City Code. In summary, the application for release or reduction of lien is required to be submitted to the City Manager, or designee. The application shall be executed under oath and sworn to in the presence of a notary public, and shall include, but may not be limited to, the following: (1) A copy of the order imposing a lien upon the property including the code enforcement case number; (2) The date upon which the applicant brought the subject property into compliance with the City Code; (3) The basis upon which the applicant believes the application for release or reduction of lien should be granted; (4) The terms upon which the release or reduction of lien should be granted; City of Cape Canaveral City Council Meeting — August 18, 2020 Agenda Item No. 6 Page 3 of 9 (5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; (6) The reduction in penalty or fine sought by the applicant; (7) A statement verifying whether the applicant was issued any title policy or policies for the subject property encumbered by the lien after the date the lien was recorded in the public records of Brevard County, Florida. If such a policy or policies were issued to the applicant, a copy of any such title policy shall be submitted with the application; (8) Any other information which the applicant deems pertinent to the request, including but not limited to the circumstances that exist which would warrant the reduction or satisfaction of the penalty or fine. Upon receipt of the application and payment of the application fee, the Code Enforcement Division is then required to confirm that the violation, which resulted in the order imposing penalty or fine, has been corrected. If the violation has been corrected and there are no current code violation(s) upon the property in question, the Code Enforcement Division shall place the application and a Staff recommendation upon the agenda of the next meeting of the City Council for a hearing. If a violation exists, the applicant is not eligible to seek a reduction of a code enforcement lien. Whenever a recommendation is made by Staff or decision is made by the City Council to release or satisfy a code enforcement lien under this procedure, the following factors shall be applied by the City in determining the amount of any reduction or release: (1) The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violation; (2) The gravity and number of the violation(s); (3) The amount of the requested reduction; (4) The time in which it took to bring the property into compliance; (5) Whether the applicant was responsible for the violation which caused the lien; (6) Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the city on a non -transient basis, or whether the property is or will be acquired for investment or other purposes; (7) Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; (9) With respect to a speculator, non -homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; City of Cape Canaveral City Council Meeting — August 18, 2020 Agenda Item No. 6 Page 4 of 9 (10) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; (11) Any previous or subsequent violations of the applicant pertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determination; (12) Any relevant information contained in any title policy required to be submitted to the city under this section; (13) Any financial hardship; (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and (15) Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the city manager, in writing, and are intended to be applied to all applications on a uniform basis. The City Council shall render a final decision on the application based upon the sworn application and any other relevant information or testimony provided to the City Council at the meeting by the applicant, City Manager or any other interested party. Any decision made by the City Council pursuant to this section shall be deemed final and not subject to any further administrative review by the City. E. Practical Considerations. In the overall context of municipal governance, code enforcement lien reduction applications are relatively routine. The City Council is required by law to make code enforcement lien reduction decisions because the lien runs in favor of the municipal governing body. In Cape Canaveral's case, the Council makes these decisions in accordance with the procedure set forth in Section 2-260 unless the lien is subject to some other legal proceeding or the City initiates the reduction and satisfaction on its own. Every application, and corresponding code enforcement lien, has its own story to tell. Council decisions are made on a case -by -case basis, and one -size does not fit all given the balance of different interests that are frequently involved. First and foremost, the intent and purpose of the code enforcement lien process is to deter Code violations from happening in the first place. However, if a violation occurs, code enforcement liens provide the City with leverage to gain and maintain compliance with the City Code. In some cases, however, violators refuse or do not have the means to come into compliance and the lien continues to accrue. In such situations, code enforcement liens can accrue to significant amounts and the amount of the lien may become relatively excessive or become an impediment to compliance and redevelopment of the subject property unless negotiated and reduced by the City. Third parties are then sometimes required to step in and bring the property into compliance and negotiate satisfaction of the lien. Consequently, many times the "story" accompanying the lien and reduction request identifies varying interests that must be considered and balanced by the City when making decisions regarding the satisfaction of code enforcement liens. The City undoubtedly has a financial interest in the lien. However, the City also has other public interests to consider such as gaining and maintaining compliance with the City Code, deterring future Code violations, recovering out-of- pocket expenses related to Code violations, encouraging redevelopment of blighted properties, City of Cape Canaveral City Council Meeting — August 18, 2020 Agenda Item No. 6 Page 5 of 9 promoting economic development, and improving property values. Because there is a balance of public interests frequently involved in dealing with specific code enforcement liens, the code enforcement lien process can be used to not only gain code compliance and deter future code violations, but the process can be used to dramatically improve real property within the City by strategically negotiating lien reductions in exchange for good redevelopment opportunities that improve property values and promote economic development. For these and other reasons, the City should know from past experiences that it is not in the City's or public's interests to always take a hard line on recovering the full amount of all code enforcement liens. The decision to reduce a code enforcement lien in Cape Canaveral is based upon and guided by a list of extensive criteria that must be applied so all factors are duly considered and evaluated by the City before it makes a determination on the lien. The existence of criteria is itself an acknowledgment that code lien reduction applications are considered on a case -by -case basis because the City's and public's interests vary from one property to another. Additionally, it would be self-defeating for the City Council and the public to be given the impression that there is an expectation the City should receive the full principal balance on every code enforcement lien given the criteria and the primary goal of achieving and maintaining compliance, and the possibility that lien reductions could encourage redevelopment and improvement of real property. It would be a totally unrealistic assessment of the lien reduction process to expect payment in full because the process frequently involves a balancing of interests and legal considerations regarding the accrual of fines. On the other hand, it is also unreasonable to expect that in every instance the City should capitulate and only expect to recover its hard costs in prosecuting and remedying the underlying code violation. F. Application - 8497 Ridgewood Avenue. 1. Timeline. • 1/30/94 Song Soo Kim and Chin Wha Kim (code violators) purchase 8497 Ridgewood Ave. ($164,000) • 12/4/15 Property caught fire and was immediately secured and boarded up • 1/23/18 Code enforcement received complaint regarding property condition • 2/1/18 Notice of Violation Issued by City for Property Maintenance Violations • 5/17/18 Code Board Order Finding Violation ($100 for 1' day and $75 every day thereafter) • 5/22/18 Code Lien Recorded by City • 9/9/19 AIS purchases Property from Kim ($293,900) • 9/10/19 AIS applied for demo permit (Est. permit value of work $1,800) • 10/11/19 AIS applied for residential alteration and A/C permit (Est. permit value of work $160,548) • 2/7/20 Property deemed in compliance by City; Lien stopped $47,425 • 3/3/20 AIS files Lien Reduction Application • 3/9/20 Residential alteration permit final • 3/13/20 Jared/Lauren Doyle purchase Property ($620,000) • 3/16/20 Mayor Declares Local COVID-19 Emergency • 7/21/20 Council considers lien reduction application and reduces lien to $23,000 subject to completion and review of paperwork • 7/30/20 Jared/Lauren Doyle file Lien Reduction Application and Title Policies City of Cape Canaveral City Council Meeting — August 18, 2020 Agenda Item No. 6 Page 6 of 9 2. Application of Criteria. Recommendations and decisions are guided by the following criteria: (City Attorney and Staff comments in Red) 1) The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violation; The City's administrative costs and out-of-pocket incurred with the code enforcement case is approximately $1,032.81. Additional costs related to reexamining the Lien Reduction Application of approximately $1,000.00 are not included in this amount. (2) The gravity and number of the violation(s); The Lien resulted from numerous violations of the City's property maintenance standards caused by a fire at the property and subsequent neglect by the former property owner. The property was secured and boarded up for approximately 4 years before it was sold and substantially renovated and improved by the Applicants. (3) The amount of the requested reduction; The Applicants are requesting a significant reduction of the Lien because they were not the violator and they were responsible for bringing the property into compliance and improving the property. The Applicants purchased the property and should be credited with bringing the property into compliance by substantially renovating and improving the property. (4) The time in which it took to bring the property into compliance; A Notice of Violation was served on the former property owner on 2/1/2018, and the property was brought into compliance by the Applicants on 2/7/2020. Therefore, it took a little over 4 years to bring the property into compliance. However, after acquiring the property on 9/9/19, the Applicants brought the property into compliance within 140 days of acquisition by obtaining permits and substantially renovating the property. (5) Whether the applicant was responsible for the violation which caused the lien; The Applicants were not responsible for the violations. (6) Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the city on a non -transient basis, or whether the property is or will be acquired for investment or other purposes; The Applicants are bona fide purchasers of the property. Jared's brother Nathan apparently is managing manager of AIS. AIS acquired the property on 9/9/19 and substantially renovated and improved the property with apparent intent to sell the property to Jared and Lauren Doyle. The sale from AIS to the Doyles occured on 3/13/20. The Doyles intend to use the property as a second home as well as a vacation rental when not in use as a second residence. Therefore, the property is not homestead property. City of Cape Canaveral City Council Meeting — August 18, 2020 Agenda Item No. 6 Page 7 of 9 (7) Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; Based on the title reports submitted with the Applications, AIS and the Doyles had knowledge of the Lien prior to the acquisition of the property. In fact, both title policies list the Lien as a Schedule B Exclusion. Further, the City Attorney contacted the Closing Agent for the transaction between AIS and the Doyles and confirmed that the title agent is holding $48,000 of the sales proceeds in escrow as a holdback pending resolution of the Lien reduction request and Council's determination on the final Lien payoff amount. The amount of the holdback is sufficient to pay the full amount of the Lien or a lesser amount as determined by Council. (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; The accrued Lien is $47,425. According to the Property Appraiser's website, the 2020 tax assessed value of the property is $158,660. Therefore, the Lien currently represents approximately 30% of the 2020 tax assessment. However, given the substantial improvements made to the property by the Applicants and the last sale price of $620,000 taking into account the improvements, Staff anticipates that the tax assessed value of the property will likely be significantly increased starting in 2021. (9) With respect to a speculator, non -homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; The Doyles indicate they will be using the property as a second residence and intend to use it as a vacation rental when they are not in residence. Vacation rentals are common in the subject area of the City. In addition, the Applicants have expended several hundred thousand dollars to demo the inside of the residence and dramatically renovate the entire property. Under the circumstances, the Doyles do not appear to be speculators who intend to "flip" the property for profit after the Lien is paid. (10) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; The Applicants do not have any previous or subsequent violations regarding the property. Rather the Applicants were responsible for bringing the previous owner's violations into compliance. (11) Any previous or subsequent violations of the applicant pertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determination; Staff is not aware of any subsequent code violations of the Applicants pertaining to other properties owned within the City. (12) Any relevant information contained in any title policy required to be submitted to the city under this section; The insured value of the property contained in the Title Policy issued to the Doyles on March 16, 2020 is $620,000, and the lender's amount of insurance is $496,000. The loan -to -value appears to be approximately 80% based on the title policy information. These insured values also evidence City of Cape Canaveral City Council Meeting — August 18, 2020 Agenda Item No. 6 Page 8 of 9 that the property has likely significantly increased in value because of the improvements made to the property by the Applicants. The Applicant's efforts to bring the property into compliance and complete the improvements will likely have a positive economic benefit to the City and a positive impact on property values in the surrounding neighborhood. In addition, both the AIS and Doyle Title Policies list the Lien as a Schedule B Exception. Therefore, the Lien is not insured because the title companies and the Applicants were aware of the Lien. The Applicants clearly made a conscious decision to acquire the property subject to the Lien, hoping to seek a reduction and satisfaction with the City based on their efforts with the property. Based on the Settlement Statement from the title company handling the AIS to Doyle transaction, the title company is holding $48,000 in escrow as a holdback pending a final Lien payoff letter from the City. The holdback was debited from the Seller's proceeds pending the payoff determination. Thus, the Council's decision on the Application appears to impact the amount of proceeds the Seller (AIS) receives from the transaction unless there is some other arrangement between the Seller and Buyer to which the City is not privy. (13) Any financial hardship; The Applicants have not claimed any financial hardship other than the financial impact of satisfying the Lien. Further, the amount of the Lien is accounted for by the closing agent of the transaction between AIS and the Doyles pending a final payoff amount from the City. (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and AIS acquired the property from the violator for $293,900. Since the acquisition, the Applicants claim that they expended approximately $220,000 remodeling the property and bringing the property into compliance. When you consider the fact that the Applicants together incurred additional closing and loan costs associated with the remodeling, as well as expenditures for furnishings and appliances, it appears the Applicants invested approximately a total of $300,000 above the initial purchase price. This significant investment in Cape Canaveral, coupled with the Applicant's efforts to bring the property into compliance and then some, should be looked upon favorably by Council and warrants serious consideration of a reduction of the Lien amount. (15) Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the city manager, in writing, and are intended to be applied to all applications on a uniform basis. This Lien Reduction Application has some unique facts worthy of equitable considerations that are not specifically related to the criteria enumerated in the City Code. For instance, in August of 2019, a representative of AIS contacted Code Enforcement Staff regarding the property before AIS acquired it. He requested information on the status of the case and stated his firm was interested in purchasing. He also inquired about the lien reduction process. Staff informed him that the former Code Board, which was still in existence at that time, could hear the request and make a recommendation to Council. When AIS inquired about an expectation of the amount of a lien reduction, Staff informed him that traditionally a reduction was related to the length of time that it took for the investor to bring the property into compliance and Staff would make a recommendation which may range from no reduction to the amount of Staff costs. No City of Cape Canaveral City Council Meeting — August 18, 2020 Agenda Item No. 6 Page 9 of 9 guarantee was given. AIS understood that they would be making a good faith effort, working with Staff and the Code Enforcement Board. Subsequent to that inquiry, the Code Enforcement Board was sunset and the City Council amended the process for lien reduction applications. This resulted in a slight delay in processing the Application. Staff is now required to make a recommendation to Council regarding applications. Staff believes that AIS and the Doyles took a significant risk and proceeded with their investment in the property in good faith hoping that the lien reduction application would be resolved favorably. In addition, COVID-19 has impacted the City Council's meeting schedule and delayed the presentation of AIS's Lien Reduction Application to Council. AIS could not complete the application process prior to selling the property to the Doyles. This has caused some confusion and additional delays in resolving the application. Together, the change in Code and the Mayor's COVID-19 Declaration of Emergency were two extraordinary, unusual circumstances occurring right around the time that AIS and the Doyles were completing the renovations and closing on the property. These intervening events caused some confusion at the last Council meeting particularly regarding the application requirements. AIS and the Doyles should not be penalized for the delays caused by the Code change and COVID-19 emergency. Submitting Department Director: David Dickey Date: 08/11/2020 Attachments: 1. Code Lien ORB 8174, P195 2. AIS Application 3. Doyle's Application 4. AIS Owner's Policy 5. Doyle's Owner's Policy 6. Notice of Compliance 7. Lien Calculation Spreadsheet 8. Photos of Property Before/After Renovations 9. List of Staff Costs Financial Impact: Staff time and effort to complete the Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 08/11/2020 The City Manager recommends the City Council take the following action: Examine additional information and paperwork related to the Application for Reduction of a $47,425.00 Code Enforcement Lien, Case No. 18-183. (8497 Ridgewood Drive) and finalize the Lien reduction request. Approved by City Manager: Todd Morley Date: 08/11/2020 Attachment 1 CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Kim, Sang Soo; Kim, Chin Wha Respondents, Subject Property: Parcel number: 8497 Ridgewood Ave. Cape Canaveral, Florida 32920 24-37-14-87-*-21 Case # 18-183 C:FN 2018119030. OR 6K 8174 PAGE 195. Recorded 05/25/2018 al 03.52 PM, Scott Ellis. Clerk. of Courts: C-rrevan0 County # Par::3 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER (FIRST VIOLATION) THIS CAUSE came before the Code Enforcement Board ("Board") of the City of Cape Canaveral, Florida, on May 17, 2018 for consideration, after due notice to Respondent, to determine whether any violations of the City of Cape Canaveral Code of Ordinances ("City Code") exist or existed on the Subject Property. The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with the City Code and consistent with sections 34-96 and 34-98, of the City of Cape Canaveral Code of Ordinances. 2. That a Violation of Section 34-96, Standards established; Section 34-98, Building appearance and maintenance, of the City of Cape Canaveral Code of Ordinances; exists or existed on Subject Property and that Respondent was further provided a reasonable time to correct said violation(s); 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation. Case # 18-183 4. That the Respondent was provided Notice of Hearing before the Code Enforcement Board, in accordance with the City Code and consistent with sections 162.06 and 162.12, Florida Statutes, and were not present at the hearing; 5. That, based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-96, Standards established; Section 34-98, Building appearance and maintenance. 6. That said violation(s) exist(s) or existed within the City of Cape Canaveral and that such constitute(s) violation(s) of the City Code. BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine shall be entered immediately in the amount of one hundred dollars ($100.00) for the first day and seventy five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent(s) shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance. 2. The Clerk of the Code Enforcement Board is hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall, pursuant to section 162.09(3), Florida Statutes, serve as a lien against the Property and any other real or personal property owned by the Respondent. 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral. Florida. this 17th day of May. 2018. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary RusselI, Chairperson CERTIFICATION STATE Of FLORIDA COUNTY OF BREVARD CITY OF CAPE CANAVERAL I, Mia Goforth, do hereby certify this copy of order Imposing Penalty on Case #18-183, dated May 17, 2018 is a true and correct photocopy of the City's record copy (Original). By my hand and the official seal of the City of Cape Canaveral on this 23rd day of May, 2018. Mia Goforth, City Clerk City Clerk or Deputy City Clair Pane. 2 of 3 Case # 18-183 Copies furnished to: CERTIFIED MAIL 7017 1450 0001 2238 7024 Kim, Sang Soo; Kim, Chin Wha, Respondents 8497 Ridgewood Ave. Cape Canaveral, Florida 32920 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent(s) and/or Respondent's authorized representative on this, 22 day of May, 2018. Ginger Wright Clerk to the Code Enforcement Board Page 3 of 3 Attachment 2 City of Cape Canaveral CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR REDUCTION OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE !1 2018-183 APPLICATION FEE: $ 100.00 APPLICANT: American Investment Strategies DATE: 3/3/2020 ADDRESS: 8497 Ridgewood Ave CITY: Cape Canaveral STATE: FL ZIP: 32920 EMAIL:kylenp@hotmail.cam PHONE:321-59S-4175 NATURE OF VIOLATION(S): Property Condition / Fire Damage ADDRESS OF SUBJECT PROPERTY:8497 Ridgewood Ave Cape Canaveral FL, 32920 PARCEL ID:24-37-14-87-*-21 DATE FINE/LIEN FILED: 5/17/2018 AMOUNT (Total): $47,425.00 COMPLIANCE DATE: 3/7/2020 RELIEF REQUESTED:❑ SATISFACTION / NREDUCT1ON IF REDUCTION, THE APPLICANT PROPOSES $ 0 AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add more pages) Please see Attachments THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add more pages) Please see attachments ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add more pages) Please see attachments '1514 us at `• 100 Polk Avenue — P.0, Box 326 • Cape Canaveral. FL 32920 (321) 868-1220 • Fax (321) 868-1248 Visit us at • #TheSpaceBetween THE SPACE BETWEEN 3/3/2020 APPLICANT'S SIGNATURE- DATE STATE Florida COUNTY OF Brevard BEFORE ME the undersigned authority did personally appear Nathan Doyle who provided Valid ID as identification, and who after being placed under oath, swore or affirmed the information contained within this application is true and correct, APRIL D. DODD COMMISSION # FF991034 EXPIRES: July 15, 2020 Bonded Thru Notary Public Underwiters Notary Public FOR STAFF USE ONLY APPLICATION RECEIVED BY CITY ON 3/3/2020 COMPLIANCE CONFIRMED ON 2/7/2020 ACTION OF THE CITY COUNCIL: ❑APPROVE; DDENY; ❑APPROVE WITH THE FOLLOWING CONDITIONS: DATE OF CITY COUNCIL ACTION: CONDITIONS AND PAYMENT Or REDUCED FINE TO BE MET WITHIN 30 DAYS OF CITY COUNCIL ACTION, TO WIT: ON OR BEFORE 100 Polk Avenue — P.O. Box 326 • Cape Canaveral. FL 32920 (321) 868-1220 • Fax (321) 868-1248 #TheSpaceBetween THE SPACE BETWEEN 8497 Ridgewood Ave Cape Canaveral, FL 32920 To whom it may concern, We are seeking a reduction of lien in the amount of $47,425.00 and are hoping the board will grant us a significant break because we were not the owner that caused most of these violations. The violations began 1/31/2018 due to a fire and neglect from the previous owners and we purchased this property on 9/9/2019 and immediately filed for permits to repair the property. Our building permit was issued on 11/1/2019 and our General Contractor and Subs began working diligently on this property. We have spent a significant amount of money on this property and as you can see from the pictures this property went from the worst house (probably in the city) to probably one of the best as far as curb appeal and the finishing touches inside. Our original budget was approx. 85-95K but we sailed through that and will probably be 190-200K when things are all said and done. We have attached an itemized list of repairs and upgrades to accompany the pictures that we will be bring of the completed remodel to the hearing. We went above and beyond to make sure everything in this house was perfect! We have been very diligent throughout this entire process to get the remodel done as efficiently as possible. Our company buys and remodels homes for resale and we take great pride in our workmanship! We try to work the municipalities to turn dilapidated, eye sores into the nicest houses on the block! We are hoping you will consider our request for the reduction of lien. Sincerely, Nathan Doyle American Investment Strategies, LLC City of Cape Canaveral APPLICANT PROCEDURES FOR APPLYING FOR A SATISFACTION OR REDUCTION OF A CODE ENFORCEMENT LIEN Where a certified copy of an Order imposing a penalty or fine, as described in F.S. Ch. 162, has been recorded in the public records of Brevar'd County, Florida, and has become a lien against the land and/or property, once the property has been found in compliance, a request for the satisfaction or reduction of' the Iicn may be submitted in writing on the application form provided by the City of Cape Canaveral. The following procedures apply to any person applying for a satisfaction or reduction of the Code Enforcement lien. 1. The application must be submitted at least ten (10) days prior to the next available City Council Meeting, on the application provided by the City. 2. A one-time application fee of $100.00 must be paid at the time the application is submitted to Staff. This fee is non-refundable, without regard for the final determination of the request. 3. If the person applying for the satisfaction or reduction of the Code Enforcement Lien is not the current property owner, a notarized statement allowing the individual(s) to represent the property must be submitted with the application. 4. Once the completed application has been reviewed and approved, the request will be scheduled for the first available City Council Meeting and a Code Enforcement Officer will notify you of the location, date, and time of the scheduled Hearing. Staff strongly recommends that you or a representative is present at the hearing. Please initial here: VI? 5. The request will be presented to the City Council and the City Council will review and consider the application for reduction or release of lien, provide the violator with an opportunity to address the Council regarding the application for reduction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. 6. Upon review of the application and any testimony presented, the City Council shall by motion or writing approve, approve with conditions, or deny the application for reduction or release of lien. 7. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City Council. Failure of the violator to comply, will result in the automatic denial of the application for satisfaction or reduction of the lien. 8. If the application is denied for any reason; the violator/application shall not be allowed to apply for a subsequent satisfaction or reduction of the lien for a period of one (1) year. During that period the lien may only be satisfied and released upon full payment of the fine or penalty imposed. Signature of Applicant: ate: 3/3/2020 100 Poll; Avenue — P.O, Box 326 • Cape Canaveral, FL 32920 (321) S6S-1220 • Fax (321) 868-1248 Visit us at \v \w.cilyulcapeC:ii1:ivei;i! (T2 • frllo i ci12,-of apecariaveial.org • #TlleSpaceBetweeti THE SPACC BETWEEN' Before Photo if property After Photo of Property 8497 Ridgewood Ave Building Improvements Exterior: • Replaced all rotted wood/siding • Installed Custom Stack Stone on Front Entry way • Rebuilt decks/railings and installed Trex Composite Decking • Cementitious stucco finish on the entire first floor • Installed Impact Vinyl Windows/Doors/Sliders • Installed New Impact Garage Door and Opener • Converted 1/2 of the garage and upstairs covered patio into additional living space. • Painted the entire property • Tiled front porch and installed custom Sailboat Mosaic • Replaced all coach lights, flood lights and added recessed can lights in all soffits. • Installed Paver walkway to side door as well as down the side of the house and entire back yard. • Pressured Washed and stained wooden fence • Installed Gutters all the way around the house • All new irrigation system and controls • Installed new Sunshade for back porch • Landscaped entire yard and install St. Augustine sod on entire property along with rock in the beds. • Replaced Service and Electrical Meter and had FPL pull a new electrical line from pole. • Installed Ring Doorbells Interior: • Installed New Kitchen and Wet Bar with All Wood Cabinets, Quartzite countertops, Stainless Appliances and Backsplash • All the Electrical wiring, Boxes, Switches, Outlets and Fixtures are all new • New R-19 insulation on walls, Soundproof insulation between floors and R-50 was blown in the attic for maximum insulation • Entire house has new drywall, texture and paint • New Pex Waterlines and tankless water heater • New 200-amp Panel was installed along with sub panel upstairs • All new recessed can lights, high end ceiling fans, vanity lights, under/over cabinet lighting. • Custom Cypress Stump Chandeliers along with Lavish Foyer Crystal Chandelier • Installed Surveillance System throughout entire property 9 cameras with DVR • Installed new blinds/rods/curtains • Installed (2) 2.5-ton A/C units as well as new ductwork throughout. • Installed (4) Custom Showers/Tubs with Rain heads with LED lights as well as custom vessel sinks and faucets. Showers have frameless %" glass for doors. • All new solid wood doors, casing and 5.25" finger joint crown molding and baseboard. • Painted the entire interior with Valspar Paint • Installed custom nautical towel hooks throughout all bathrooms. • Installed custom tongue and groove stained pine boards in the upstairs living room ceiling • Installed electric LED fireplace with custom stack stone and 100+ year old pecky cypress mantle • Installed Luxury Vinyl Plank flooring throughout entire property Attachment 3 City of Cape Canaveral CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR REDUCTION OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE # 18- APPLICATION FEE: $ 100.00 183 APPLICANT:_ Jared + Laruen Doyle ADDRESS: 8497 Ridgewood Ave CITY: Cape Canavveral DATE: 7/30/2020 STATE: FL ZIP: 32920 EMAIL: Jareddoyle19@gmail.com PHONE: 321 — 917-1808 NATURE OF VI OLATION(S): Ext. Porch, Paint, Siding, Door, railings IS THE APPLICANT THE VIOLATOR: YES:❑ NO: X ADDRESS OF SUBJECT PROPERTY: 8497 Ridgewood Ave Cape Canaveral FL, 32920 PARCEL ID: 24-37-14-87-*-21 AMOUNT DATE FINE/LIEN FILED: 5/17/2018 COMPLIANCE DATE: 2/7/2020 RELIEF REQUESTED:D SATISFACTION / X REDUCTION IF REDUCTION, THE APPLICANT PROPOSES $ Hard Costs AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add more pages) Please See attached (Total): $47,425.00 THE REASON, IF ANY, WHY THE APPLICANT DID NOT- BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF P N AL1W OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add more pages) Please See attached THE A STATEMENT VERIFYING WHETHER THE APPLICANT WAS ISSUED ANY TITLE POLICY -OR -POLICIES (OR- TITLE_COMMITMENT IF TITLE POLICY IS PENDING AND APPLICABLE) FOR THE SUBJECT PROPERTY ENCUMBERED BY THE LIEN AFTER BETWEEN' THE DATE THE LIEN WAS RECORDED IN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. IF SUCH A POLICY OR POLICIES WERE ISSUED TO THE APPLICANT, A COPY OF ANY SUCH TITLE POLICY SHALL BE SUBMITTED WITH THE APPLICATION, *ATTACH STATEMENT AND TITLE POLICY OR TITLE COMMITMENT TITLE POLICY OR COMMITMENT ATTACHED: YES (circiled) NO IF NO, EXPLAIN WHY ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add more pages) Please See attached APPLICANT'S SIGNATURE STATE OF Florida COUNTY OF Brevard BEFORE ME the undersigned authority did personally appear Jared Doyle by means of physical presence or online notarization, who provided as identifica oath, swore or affix 3 '#i r nation contain STAFF USE ONLY APPLICATION RE DATE Notary Public COMPLIANCE CONFIRMED ON ACTION OF THE CITY COUNCIL: DAPPROVE; ❑DENY; ❑APPROVE WITH THE FOLLOWING CONDITIONS: THE SPACE BETWEEN CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF CITY COUNCIL ACTION, UNLESS OTHERWISE APPROVED BY THE CITY COUNCIL IN A WRITTEN AGREEMENT WITH THE APPLICANT. TO WIT: ON OR BEFORE Visit Its at 100 Polk Avenue — P.O. Box 326 • Cape Canaveral. 11. 2920 1321) 568-1220 • Fax (21) 868-12-18 • , rr: it ,,l .flsc, .• ,t-*T1teSpaceBetwezu THE SPACE BETWEEN' City of Cape Canaveral APPLICANT PROCEDURES FOR APPLYING FOR A SATISFACTION OR REDUCTION OF A CODE ENFORCEMENT LIEN Where a certified copy of an Order imposing a penalty or fine, as described in F.S. Ch, 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property, once the property has been found in compliance, a request for the satisfaction or reduction of the lien may be submitted in writing on the application form provided by the City of Cape Canaveral. The following procedures apply to any person applying for a satisfaction or reduction of the Code Enforcement hen. 1. The application must be submitted at least thirty (30) days prior to the next available City Council Meeting. 2. A one-time application fee of SI00.00 must be paid at the time the application is submitted to Staff. This fee is non-refundable, without regard for the final determination of the request. 3. If the person applying for the satisfaction or reduction of the Code Enforcement Lien is not the current property owner, a notarized statement allowing the individuals) to represent the property must be submitted with the application. 4. Once the completed application has been reviewed and approved, the request will be scheduled for the first available City Council Meeting and a Code Enforcement Officer will notify you of the location, date, and time of the scheduled Hearing. Staff strongly recomr1r rids that you or a representative is present at the hearing. Please initial here: 5. The request will be presented to the City Council and the City Council will review and consider the application for reduction or release of lien, provide the violator with an opportunity to address the Council regarding the application for reduction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. 6. Upon review of the application and any testimony presented, the City Council shall by motion or writing approve, approve with conditions, or deny the application for reduction or release of lien. 7. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City Council. Failure of the violator to comply, will result in the automatic denial of the application for satisfaction or reduction of the lien. THE _ 8.JJf_the_application is denied far any reason; the violator/application shall not be allow A apply for a subsequent satisfaction or reduction of the lien for a period of one (1 mean., 100 Polk ,Avenue — P.0 . Box 321 • Cape Canaveral, FL 32920 TEEN' t 321) S68-1220 • Fax WI) S68-12-I8 \sit us at • •=T11eS17aceBet\tieeu During that period the lion may only be satisfied and released upon full payment of the fine or penally imposed. 9. If the applicant soils or transfers the property to another entity between the time the application is filed and the scheduled City Council meeting, the applicant must notify the City immediately by contacting the Code Enforcement Department. 10. As applicable, the City will consider the following criteria: (1) The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violation; (2) The gravity and number of the violation(s); (3) The amount of the requested reduction; (4) The lime in which it took to bring the property into compliance; (5) Whether the applicant was responsible for the violation which caused the lien; (6) Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the city on a non -transient basis, or whether the property is or will be acquired for investment or other purposes; (7) Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; (9) With respect to a speculator, non -homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; (10) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; (11) Any previous or subsequent violations of the applicant pertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determination; (12) Any relevant information contained in any title policy required to be submitted to the city under this section; (13) Any financial hardship; (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and (15) Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the city manager, in writing, and are intended to be applied to all applications on a uniform basis. l THE Signature of.A licant: -_ 2r PR - -- _ Date__/ya _ SF'4C[ 100 Polk Avenue - P.O. Box 326 • Cape Canaveral. FL 3'910 BETWEEN` (321) S6S-122O • Fax (321) S68-12-IS Visit us at . i . •=T1teSpaeeBetiveeu 8497 Ridgewood Ave Cape Canaveral, FL 32920 To whom it may concern, We are seeking a reduction of lien in the amount of $47,425.00 and are hoping the board will grant us a significant break because we were not the owner that caused these violations. The violations began 1/31/2018 due to a fire and neglect from the previous owners and we purchased this property on 9/9/2019 and immediately filed for permits to repair the property. Our building permit was issued on 11/1/2019 and the General Contractor and Subs began working diligently on this property and we brought this into compliance on 2/27/20. We spent approx. $220,000.00 remodeling this property in approx. 118 days. Our time frames are always very tight because we are paying investor loans of 14% interest for the time we own the property. Specifically for this one we incurred payments of approx. $7000 per month including interest only loan, taxes, insurance and utilities. As you can see from the pictures this property went from the worst house (probably in the city) to probably one of the best as far as curb appeal and the finishing touches inside. Our original budget was approx. 85-95K but we sailed through that because we wanted this property stand out above all the rest! We have attached an itemized list of repairs and upgrades to accompany the pictures. We are using this for a 2nd home as well as a Vacation Rental when we aren't using it. My brother's company, American Investment Strategies, LLC, and my company, RE Investing, INC, have bought and sold over 650+ homes in the last 13-14 years in Brevard County. We have a great working relationship with most municipalities in this county as we work with Code Enforcement to bring properties into compliance. If there are liens they will generally help with reductions because they understand we are bringing revenue into their Cities. Jobs for the contractors then the sale of the properties, tax dollars, utility bills, trash/sewer bills, jobs (lawn care/cleaners) and Short Term Occupancy Taxes while we are renting it out. All of these items create revenue for your city rather than having a delipidated property that is bringing down the value of real estate and costing the city money instead of making money. I can't begin to tell you how many people stopped us towards the end of the remodel and thanked us for what we had done for the neighborhood and they enjoyed watching the progress. We walked numerous people through the house because they were so excited to see what was done. Hopefully the board will have the same excitement for other investors to do the same thing to other delipidated properties. Please help us reduce the lien and encourage investors to want to come to your community and renovate the properties that are a burden to your city. Sincerely, Jared Doyle 8497 Ridgewood Ave Building Improvements Exterior: • Replaced all rotted wood/siding • Installed Custom Stack Stone on Front Entry way • Rebuilt decks/railings and installed Trex Composite Decking • Cementitious stucco finish on the entire first floor • Installed Impact Vinyl Windows/Doors/Sliders • Installed New Impact Garage Door and Opener • Converted % of the garage and upstairs covered patio into additional living space. • Painted the entire property • Tiled front porch and installed custom Sailboat Mosaic • Replaced all coach lights, flood lights and added recessed can lights in all soffits. • installed Paver walkway to side door as well as down the side of the house and entire back yard. • Pressured Washed and stained wooden fence • installed Gutters all the way around the house • All new irrigation system and controls • Installed new Sunshade for back porch • Landscaped entire yard and install St. Augustine sod on entire property along with rock in the beds. • Replaced Service and Electrical Meter and had FPL pull a new electrical line from pole. • Installed Ring Doorbells Interior: • Installed New Kitchen and Wet Bar with All Wood Cabinets, Quartzite countertops, Stainless Appliances and Backsplash • All the Electrical wiring, Boxes, Switches, Outlets and Fixtures are all new • New R-19 insulation on walls, Soundproof insulation between floors and R-50 was blown in the attic for maximum insulation • Entire house has new drywall, texture and paint • New Pex Waterlines and tankless water heater • New 200-amp Panel was installed along with sub panel upstairs • All new recessed can lights, high end ceiling fans, vanity tights, under/over cabinet lighting. • Custom Cypress Stump Chandeliers along with Lavish Foyer Crystal Chandelier • Installed Surveillance System throughout entire property 9 cameras with DVR • Installed new blinds/rods/curtains • Installed (2) 2.5-ton A/C units as well as new ductwork throughout. • Installed (4) Custom Showers/Tubs with Rain heads with LED lights as well as custom vessel sinks and faucets. Showers have frameless %" glass for doors. • All new solid wood doors, casing and 5.25" finger joint crown molding and baseboard. • Painted the entire interior with Valspar Paint • Installed custom nautical towel hooks throughout all bathrooms. • Installed custom tongue and groove stained pine boards in the upstairs living room ceiling • Installed electric LED fireplace with custom stack stone and 100+ year old pecky cypress mantle • Installed Luxury Vinyl Plank flooring throughout entire property Attachment 4 Fidelity National Title Policy No.: 3493-]l-R b9-1J],QO-2fl19.27a06n9.2171,J,26P6 OWNER'S POLICY OF TITLE INSURANCE Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AFID THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida corporation, (the "Company") Insures as of Date of Policy, against Toss or damage, not exceeding the Amount of insurance, sustained or incurred by the Insured by reason of: 1, Title being vested other khan as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (I) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; NI) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining [and. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk S if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 6 (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchase for value or to a judgment or lien creditor. 10. Any defect in or lien or encumberance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument or transfer in the Public Records that vests Title as shown in Section A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Poicy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and seaterl by it,. duly authorized officers Countersigned: Authorized Officer or Agent Prestige Title of Brevard, LLC 5120 N. Highway US 1, Suite 103 Palm Shores, FL 32940 Tel:321-242-7660 Fax:321-242-1675 FIDELITY NATIONAL TITLE INSURANCE COMPANY By: President Attest: Secretary SEAL 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 6 EXCLUSIONS USIONS FROM COVERAGE The following mallets ore expressly rxrlirded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys` fees, or expenses that arise by reason of: 1, (o) Any law, nrrllunnre, permit, or gnvcrnrnenlrtl regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or minting to (I) the occupancy, use, or enjoyment of the Lanri; (II) the character, dimensions or location of any improvement erected on the Land; (III) the subdivision of InnrI; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5. ('b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk G. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) riot Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no Toss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 6 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a)"Amount- of insurance": The amount stated In Schedule A, as may be Increased or decreased by endorsement to this policy, Increased by Section B(b), or decreased by Sections 10 and 11 of these Conditions. (b)"Date of Policy": The date designated as 'Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d)"Insured": The Insured named In Schedule A, (I) The term 'Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, Including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (ID) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1)if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2)if the grantee wholly owns the named Insured, (3)if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4)if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) 'Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g)"Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, reads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h)"Mortgage : Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land Is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section S(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of Toss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a)Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object For reasonable cause) to represent the Insured as to those stated causes of action, It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b)The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 6 do any other act that in its opinion may be necessary or desirable LC) establish the Title, as Insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action uixler the ler'liis of this policy, whether or not 11 shall be Ilable to the instirecl. The exercise of these rights shall not he an nclinisslcin of tinhiiity or wnlvcr of any provision of thls policy. if the Cunilirrny exercises Its rights under this subsection It must tlo su dlprieriliy. (c) Whenever the Company hrincis nn ncl lon or nsserts n defense as required or permitted by hits pntiry, the Company piny pursue the liligntiori to a final deter riilnnllori by n court of competent jurisdiction, and It expressly reserves the right, In Its sole discretion, to nppeal nay acivers❑ judgment or order. G. DUTY OF INSURED CLAIMANT TO COOPERATE (a)in nil cnses where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense In the action or proceeding, including the right to use, at Its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (I) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that In the opinion of the Company may be necessary or desirable to establish the Title, or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b)The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a)To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses Incurred by the insured Claimant that were authorized by the Company up to the time of payment or tender of payrnent and that the Company is obligated to pay. Upon the exercise by the Company of this option, all (lability and obligations of the Company to the Insured under this polity, other than to make the payment required in this subsection, shah terrnlrinte, Including any liability or obligation to defend, prosecute., or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (I) To pay or otherwise_ settle with other parties for or In the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii)To pay or otherwise settle with the insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed Toss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (li)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b)If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c)In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions, 9. LIMITATION OF LIABILITY (a)If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 6 (b)In the event of any litigation, Including IIticjnlion by the Company or with the Company's cuIlsci11, the Company shall have no liability far loss or dninnc;e until there has been n firm determination by a court. of cunrpeLnnl Juris[lirairan, and disposition of nil ❑ppeals, adverse to lie! Talc, as lnsined, (c)The Company shall not he llnhle fur lost ur [iniini to to the Insured for liability voluntarily nsstiriieti by the Instil erl In settling any claim or stilt without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, allot neys' fees, and expenses, shall reduce the Amount of Insurance by the nmounL of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy Insuring a Mortgage to which exception Is taken In Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or ;ken an the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a)Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b)The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for nrbitration is made nr, at the option of the Insured, the Rules In effect at Date of Policy shall be binding upon the parties. The nwarri rnny inch ere attorneys' fees only if the laws of the state In which the land is located permit a court to award attorneys' fees In a prevailing party. Judgment upon the award rendered by llie Arblirntor(s) may be entered in any court having jurlsdlci Ion 1 hereof, <hr iaww of Ii1e situs of the land shaft apply to an arbitration under the 'litre Insurance Arbitration Rules. A copy of the Rules may be r,binined from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTXRE CONTRACT (a)This policy together with all endorsements, if any, attached to it by the Company Is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b)Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c)Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d)Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or In part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a)Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at FIDELITY NATIONAL TITLE INSURANCE COMPANY, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. Art rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 6 Fidelity National Title' Irrsurmar l'uinlnm} Policy No.: 34` 3-1,yRJ,q-J,3]tdd-24]r`i.273d609-27r7b126P6 OWNER'S POLICY OF TITLE INSURANCE Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement In writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida corporation, (the "Company") insures as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated In Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk Includes but is not limited to insurance against loss fro m (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The hen of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. d. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge, 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1. of 6 • (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchase for value or to a judgment or lien creditor. 10. Any defect in or lien or encumberance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument or transfer in the Public Records that vests Title as shown in Section A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Poicy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and seaterl by it,. duly authorized officers Countersigned: Authorized Officer or Agent Prestige Title of Brevard, LLC 5120 N. Highway US 1, Suite 103 Palm Shores, FL 32940 Tel:321-242-7660 Fax:321-242-1675 FIDELITY NATIONAL TITLE INSURANCE COMPANY By: President Attest: Secretary SEAL 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 6 EXCLUSIONS USIONS FROM COVCitl1GE The following mallets ore expressly rxrlirded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys` fees, or expenses that arise by reason of: 1, (o) Any law, nrrllunnre, permit, or gnvcrnrnenlrtl regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or minting to (I) the occupancy, use, or enjoyment of the Lanri; (II) the character, dimensions or location of any improvement erected on the Land; (III) the subdivision of InnrI; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5. ('b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk G. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) riot Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no Toss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 6 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a)"Amount- of insurance": The amount stated In Schedule A, as may be Increased or decreased by endorsement to this policy, Increased by Section B(b), or decreased by Sections 10 and 11 of these Conditions. (b)"Date of Policy": The date designated as 'Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d)"Insured": The Insured named In Schedule A, (I) The term 'Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, Including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (ID) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1)if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2)if the grantee wholly owns the named Insured, (3)if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4)if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) 'Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g)"Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, reads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h)"Mortgage : Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land Is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section S(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of Toss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a)Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object For reasonable cause) to represent the Insured as to those stated causes of action, It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b)The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 6 do any other act that in its opinion may be necessary or desirable LC) establish the Title, as Insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action uixler the ler'liis of this policy, whether or not 11 shall be Ilable to the instirecl. The exercise of these rights shall not he an nclinisslcin of tinhiiity or wnlvcr of any provision of thls policy. if the Cunilirrny exercises Its rights under this subsection It must tlo su dlprieriliy. (c) Whenever the Company hrincis nn ncl lon or nsserts n defense as required or permitted by hits pntiry, the Company piny pursue the liligntiori to a final deter riilnnllori by n court of competent jurisdiction, and It expressly reserves the right, In Its sole discretion, to nppeal nay acivers❑ judgment or order. G. DUTY OF INSURED CLAIMANT TO COOPERATE (a)in nil cnses where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense In the action or proceeding, including the right to use, at Its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (I) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that In the opinion of the Company may be necessary or desirable to establish the Title, or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b)The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a)To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses Incurred by the insured Claimant that were authorized by the Company up to the time of payment or tender of payrnent and that the Company is obligated to pay. Upon the exercise by the Company of this option, all (lability and obligations of the Company to the Insured under this polity, other than to make the payment required in this subsection, shah terrnlrinte, Including any liability or obligation to defend, prosecute., or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (I) To pay or otherwise_ settle with other parties for or In the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii)To pay or otherwise settle with the insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed Toss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (li)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b)If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c)In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions, 9. LIMITATION OF LIABILITY (a)If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 6 (b)In the event of any litigation, Including IIticjnlion by the Company or with the Company's cuIlsci11, the Company shall have no liability far loss or dninnc;e until there has been n firm determination by a court. of cunrpeLnnl Juris[lirairan, and disposition of nil ❑ppeals, adverse to lie! Talc, as lnsined, (c)The Company shall not he llnhle fur lost ur [iniini to to the Insured for liability voluntarily nsstiriieti by the Instil erl In settling any claim or stilt without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, allot neys' fees, and expenses, shall reduce the Amount of Insurance by the nmounL of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy Insuring a Mortgage to which exception Is taken In Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or ;ken an the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a)Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b)The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for nrbitration is made nr, at the option of the Insured, the Rules In effect at Date of Policy shall be binding upon the parties. The nwarri rnny inch ere attorneys' fees only if the laws of the state In which the land is located permit a court to award attorneys' fees In a prevailing party. Judgment upon the award rendered by llie Arblirntor(s) may be entered in any court having jurlsdlci Ion 1 hereof, <hr iaww of Ii1e situs of the land shaft apply to an arbitration under the 'litre Insurance Arbitration Rules. A copy of the Rules may be r,binined from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTXRE CONTRACT (a)This policy together with all endorsements, if any, attached to it by the Company Is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b)Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c)Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d)Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or In part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a)Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at FIDELITY NATIONAL TITLE INSURANCE COMPANY, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. Art rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 6 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority -owned subsidiary companies (coileclively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, anti the choices you have about the use and disclosure of that information. Types of information Collected We may collect two types of information from you: Personal information and Browsing information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government iD number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. 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Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt -out of information sharing for affiliate marketing, send your requests via email to privacy[aifnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc, 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Revised May I, 2018 Copyright .' 2018. Fidelity Notional Financial, Inc. All Rights Reserved. Fidelity National 'Title Innuruucc Cnmpnuy. SCHEDIJLE A Name and Address of Title Insurance Company: Prestige Title of Brevard, LLC 5120 N US Highway 1, Suite 103, Palm Shores, FL 32940 File No: R19-13100 Policy No: 2730609-217612626 Address Reference: 8497 Ridgewood Avenue, Cape Canaveral, FL 32920 Amount of Insurance: $293,900.00 Premium: $1,544.50 Date of Policy: September 9, 2019 or the date of recording of the insured deed, whichever is later 1. Name of insured: American Investment Strategies, LLC 2. The estate or interest in the Land that is insured by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: American Investment Strategies, LLC 4. The Land referred to in this policy is described as follows: Lot 21, Ocean Mist Townhouses, according to the map or plat thereof, as recorded in Plat Book 32, Page(s) 35, of the Public Records of Brevard County, Florida. AND A portion of Lots 39 and 40, Shores of Artesia, Phase Two, according to the map or plat thereof, as recorded in Plat Book 32, Page 14, of the Public Records of Brevard County, Florida. Said land being more particularly described as follows: Begin at the Southeast corner of said Lot 39; thence North 22 degrees 53 minutes 06 seconds East along the East line of said Lots 39 and 40 a distance of 27.13 feet; thence West a distance of 10.55 feet; thence South a distance of 25.00 feet to the Paint of Beginning. Countersigned: Prestige Title of Brevard, LLC Tanya Bader Authorized Officer or Agent 2730609 ripuny NATIONAL TITLE: INSURR NCc COMPANY (Y44) Alpti. 11_ 3.144.1. ALTA Owner's Policy (6/17/06) (with Florida Modifications) Copyright American Land Title Association, All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT COVERAGE AND TO PROVIDE ASSISTANCE IS 1-800-669-7450 THIS POLICY VALID ONLY IF SCHEDULE B I5 ATTACHED FILE NO: R19-13100 Policy No: 2730609-217612626 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against Toss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this form. 2. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable. 3. Standard Exceptions: A. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. B. Rights or claims of parties in possession not shown by the public records. C. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the public records. D. Taxes or assessments which are not shown as existing liens in the public records. 4. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands accreted to such land. 5. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 6. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of Ocean Mist Townhouse, Shores of Artesia, Phase Two, recorded in Plat Book 32, Page 35, 14, of the Public Records of Brevard County, Florida. 7. Restrictions, covenants, and conditions as set forth in those instruments recorded in Official Records Book 2672, Page 1333, as may be subsequently amended. 8. Terms, conditions and provisions of Easements recorded in Official Records Book 2791, Page 297. 9. Reservations recorded in Deed Book 94, Page 32 and partially released in Deed Book 297, Page 8. 10. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of Shores of Artesia, Phase Two, recorded in Plat Book 32, Page 14, of the Public Records of Brevard County, Florida. ALTA Owner's Policy (6/17/06) 2730609 (with Florida Modifications) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohihited. Reprinted under license from the American Land Title Association 11, Restrictions, covenants, conditions and easements, which include provisions for A. an easement on the land; B. a lien for liquidated damages; C. a private charge or assessments; as contained in that certain Declaration recorded in Official Records Book 2462, Page 241, Official Records Book 2513, page 1875, ay be subsequently amended. 12. Restrictions, covenants, conditions and casements, which include provisions for A. an easement on the land; 8. a lien for liquidated damages; C. a private charge or assessments; as contained in that certain Declaration recorded in Official Records Book 5441, Page 8909, modified in Official Records Book 5687, Page 1234; and Official Records Book 8431, Page 1919; and as may be subsequently amended. 13. Restrictions, covenants, and conditions as set forth in those instruments recorded in Official Records Book 2513, Page 1875, as may be subsequently amended. 14. Easement recorded in Official Records Book 2450, Page 2920. 15. Easement recorded in Official Records Book 2471, Page 2314. 16. Florida Power and Light Co. easement recorded in Official Records Book 2462, Page 1994, Official Records Book 2226, page 1042, and Official Records Book 2645, page 1643. 17. Easement recorded in Official Records Book 2667, Page 2464. 18. Resolution recorded in Official Records Back 5172, Page 1094. 19. Rights of the owner of property adjoining the land to the party wall located partly on insured land and partly on adjoining property to as much of the insured land as is required for lateral support of the wall and the building attached to it. 20. Any loss or damage arising from assessments occurring after dale of policy resulting from the provisions contained in Florida Statute 720.3085(2), notwithstanding any contrary provisions of any ALTA 5.1 or ALTA 9 series endorsements which may be attached. 21. That code enforcement lien in favor of The Cityof Cape Canaveral and against Sang Soo Kim and Chin Wha Kim, recorded in ORB 8174. Page 195, in the Public Records of Brevard County, Florida. Exceptions 1, 3B-D, 4, and 5 are hereby deleted from this policy. NOTE: All recording references in this form shall refer to the public records of Brevard County, Florida unless otherwise noted. ALTA Owner's Policy (6/17/06) 2730609 (with Florida Modifications) Copyright Amrriean Lund Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as or the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association Attachment 5 First American Tide Owner's Policy Owner's Policy of Title Insurance (with Florida modifications) ISSUED BY First American Title Insurance Company POLICY NUMBER 5011412-0696321e Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title insurance Company For Reference: File #: 20-02-1371 Loan #: FL0302002005594 Dennis J. Gilmore President v Jeffrey S. Robinson Secretary Issued Bv: Supreme Title Closings, LLC 38 Suntree Place, Suite 2 Melbourne, FL 32940 (This Policy is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document Copyright 2006-2009 American Land Title Association, All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing aS Of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. IForm 5011412 (2-1-11) Page 1 of 5 I ALTA Owner's Policy of Title Insurance (6-17-06) (with Florida modifications; Policy #: 5011412-0696321e COVERED RISK (Continued) 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting.. regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees. and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain, This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4, Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. I Form 5011412 (7-1-14) Page 2 of 5 ALTA Owner's Policy of Title Insurance (6-17-06) (with Florida modifications) Policy #: 5011412-0696321E CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean' (a) "Amount of Insurance': The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes 2. (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title 3. (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly - owned by the named insured, if the grantee wholly owns the named Insured, if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument 4. established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. "Insured Claimant": An Insured claiming loss or damage. "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by 5. reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues. alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive (e) (f) (g) (i) (2) (3) notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an insured hereunder of any claim of title or interest that is adverse to the Title, as insured. and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible. the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy, () (k) Form 5011412(7-1-14) Page 3 of 5 I ALTA Owner's Policy of Title Insurance (6-17-06) (with Florida modifications) Policy #: 5011412.0696321 e (b) The Company shall have the right, in addition to the options 7. contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured. at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation, (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized 8. representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. CONDITIONS (Continued) OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered Toss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10°l0, and (ii) the insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. (i) IForm 5011412 (7-1-14) Page 4 of 5 I ALTA Owner's Policy of Title Insurance (6-17-06) (with Florida modifications) Policy #: 5011412-0696321e 9. LIMITATION OF LIABILITY (a) if the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable matters may (c) CONDITIONS (Continued) include. but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made, or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions, Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy. in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but ail other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law, (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone: 888-632-1642 (c) IForm 5011412 (7-1-14) Page 5 of 5 ALTA Owner's Policy of Title Insurance (6-17-06) (with Florida modifications) FirstAmerican Title' Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company Schedule A POLICY NUMBER 5011412-0696321e Name and Address of Title Insurance Company: FIRST AMERICAN TITLE INSURANCE COMPANY, 1 First American Way, Santa Ana, California 92707 Agent File No: 20-02-1371 Loan No.: FL0302002005594 Lender's Amount of Insurance: $496,000.00 Address Reference: 8497 Ridgewood Avenue, Cape Canaveral, FL 32920 Amount of Insurance: $620,000.00 Premium: $2,542.20 Date of Policy: March 16, 2020 at 03:30pm 1. Name of Insured: Jared M. Doyle & Lauren B. Doyle 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Jared M. Doyle and Lauren B. Doyle, husband and wife 4. The Land referred to in this policy is described as follows: Property description set forth in Exhibit "A", attached hereto and made a part hereof. Authorized Countersignature Supreme Title Closings, LLC, License #: P173879 April Dodd, License #: E104953 (This Schedule A valid only when Schedule B is attached) Loan Policy No.: 5011312-0658147e Page 1 of 4 I ALTA Owner's Policy of Title Insurance {6-17-06) with Florida Modifications Florida - schedule A so •ME.,e? c `14$16-v -, "„' , FFirst-Americanl1tle"M A Title" Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company Schedule B POLICY NUMBER 5011412-O696321e Owners Policy No.: 5011412-0696321e Loan Policy No.: 5011312-0658147e Agent File No.: 20-02-1371 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of: 1. NOTES FOR STANDARD EXCEPTIONS: Standard Exceptions for parties in possession, for mechanics liens, and for taxes or special assessments not shown as liens in the public records shall be deleted upon receipt of an acceptable Non -Lien and Possession Affidavit establishing who is in possession of the lands, that there are no liens or encumbrances upon the lands other than as set forth in the Commitment. that no improvements to the lands have been made within the past 90 days or are contemplated to be made before closing that will not be paid in full, and that there are no unrecorded taxes or assessments that are not shown as existing liens in the public records. Any Policies issued hereunder may be subject to a Special Exception for matters disclosed by said affidavit. Standard Exception(s) for questions of survey may be deleted upon receipt and review of a properly certified Survey meeting the Florida Minimum Technical Standards for all land surveys dated no more than 90 days prior to closing or such other proof as may be acceptable to the Company. Any Policies issued hereunder may be subject to a Special Exception for matters disclosed by said survey or proof. 2. The Standard Exception for any minerals or mineral rights leased, granted or retained by current or prior owners is hereby deleted. 3. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of OCEAN MIST TOWNHOUSES, as recorded in Plat Book 32, Page(s) 35, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 4. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of SHORES OF ARTESIA, PHASE TWO, as recorded in Plat Book 32, Page(s) 14, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 5. Any loss or damage arising from a lien for Homeowner's Association assessments recorded after the date of the Policy, resulting from the effect of Florida Statute 720.3085, notwithstanding any assurances to the contrary in any Florida Endorsement Form 9-06 or Florida Endorsement Form 9.3-06, which may be attached to this Policy. (Affects any Loan Policy(s) issued pursuant to this Commitment) 6. Code Violation(s) referenced in that certain Code Enforcement Lien or Notice recorded in Book 8174, Page 195 and any fines, penalties or other sums claimed to be due and owing with respect to said Code Violation(s) and any loss or damage as a result thereof. 7. Declaration of Covenants, Conditions, Restrictions and Easements, recorded in Book 2462, Page 241; as amended by instrument recorded in Book 2513, Page 1875 , but deleting any covenant, condition or restriction indicating a Page 2 of 4 I ALTA Owner's Policy of TitLe Insurance (6-17-06) with Florida Modifications Florida - Schedule 8 preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 8. Declaration of Covenants, Conditions and Restrictions recorded in Book 2672, Page 1333, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 9. Easement granted to Florida Power & Light Company by instrument recorded in Book 2462, Page 1994. 10. Easement granted to the City of Cocoa Utilities Department by instrument recorded in Book 2471, Page 2314. 11. Resolution No. 2004-05 by the City of Cape Canaveral recorded in Book 5172, Page 1094. 12. Easement granted to the City of Cape Canaveral by instrument recorded in Book 2450, Page 2920. 13. Easement recorded in Book 2667, Page 2464 Note: All of the recording information contained herein refers to the Public Records of BREVARD County, Florida, unless otherwise indicated. Any reference herein to a Book and Page or Instrument Number is a reference to the Official Record Books of said county, unless indicated to the contrary. 14. A Mortgage from Jared M. Doyle and Lauren B. Doyle, husband and wife to The Mortgage Firm, Inc. dated March 13, 2020 in the original principal amount of $496,000.00 and recorded on March 16, 2020 at 03:30pm as Instrument #2020062136 in Book 8692, Page 1644 in the official records of Brevard County. Authorized Countersignature Page 3 of 4 I ALTA Owner's Policy of Title Insurance (6-17-06) with Florida Modifications Florida - Schedule B y 5 A M F First American Title" Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company ExhibitA POLICY NUMBER 5011412-0696321e Agent File No,: 20-02-1371 Owners Policy No.: 5011412-0696321e Loan Policy No.: 5011312-0658147e The Land referred to herein below is situated in the County of Brevard, State of Florida, and is described as follows: Lot 21, OCEAN MIST TOWNHOUSES, according to the map or plat thereof, as recorded in Plat Book 32, Page(s) 35, of the Public Records of Brevard County, Florida. AND A portion of Lots 39 and 40, SHORES OF ARTESIA, PHASE TWO, according to the map or plat thereof, as recorded in Plat Book 32, Page 14, of the Public Records of Brevard County, Florida. Said land being more particularly described as follows: Begin at the Southeast corner of said Lot 39; thence North 22 degrees 53 minutes 06 seconds East along the East line of said Lots 39 and 40 a distance of 27.13 feet; thence West a distance of 10.55 feet; thence South a distance of 25.00 feet to the Point of Beginning. Page 4 of 4 AL TA Owners Policy of Title Insurance (6-17-06) with Florida Modifications Florida - Exhibit A Attachment 6 City of Cape Canaveral Community Development RE: NOTICE OF COMPLIANCE American Investment Strategies, LLC C/O Jared Doyle 1875 Hidden Lake Dr Rockledge FL 32955 Case No. 18-183 DATE: 2/7/2020 LOCATION OF VIOLATION: 8497 Ridgewood Ave Cape Canaveral FL, 32920 PARCEL ID: 24-37-14-87-*-21 RESPONDENT(S): American Investment Strategies, LLC., C/O Jared Doyle A site inspection of the property located at 8497 Ridgewood Ave, revealed the property to be in compliance. DESCRIPTION OF VIOLATION: Section 34-96. (b) Standards established Section 34-98, (2), (4), (5), (6) Building appearance and maintenance. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me at (321) 868-1220. Sincerely, Brian Palmer Code Enforcement Officer 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org THE SPACE BETWEEN' Attachment 7 Amount of Lien Amount of Lien Case# Address Date Lien Starts (First Day) (Everyday After) I 2/7/2020 18-183 8497 Ridgewood Ave 5/17/2018 $100.00 $75.00 $47,425.00 I Lien Breakdown 2018 2019 2020 Month I Days I Amount I_---Month --+----- Days ----I Amount I I Month I Days I Amount I Jan $0.00 ! Jan 31 $2,325.00 I Jan 31 $2,325.001 Feb ! $0.00 Feb 28 $2,100.00 Feb 7 ! $525.00 March $0.00 ; March 31 ; $2,325.00 ; March Apr $0.00 j Apr 30 $2,250.00 j Apr I May 1 14 j $1,050.00 I May 31 $2,325.00 May I j June I 30 I $2,250.00 i I June 1 30 i $2,250.00 I June i I July 31 $2,325.00 1 1 July 31 $2,325.00 1 July Aug 31 $2 I I I I I ,325.00 i i Aug i 31 I $2,325.00 i i Aug i i I I I I I I I Sept 30 $2,250.00 ; ; Sept 30 $2,250.00 Sept I Oct 31 $2,325.00 Oct 31 $2,325.00 Oct Nov 1 30 1 $2,250.00 j Nov i 30 $2,250.00 I Nov Dec I 31 1 $2,325.00 I Dec 1 31 1 $2,325.00 i I Dec I i TOTAL: 167 I $17,200.00 I 365 I $27,375.00 I 38 $2,850.00 Attachment 8 Before photo of property After photo of property After photo of side of property After photo of property bedroom After photo of property dining room After photo of property kitchen After photo of property bathroom After photo of property foyer/stairs After photo of property After photo of proprety front entrance After photo of property kitchen/dining room/seating area After photo of property bathroom/shower After photo of property sitting room/TV/fireplace After photo of property bedroom After photo of property shower Attachment 9 Staff Costs For Enforcement of Violations for 8497 Ridgewood Ave Date Discription Time Amount 1/23/18 Site visit to property; photos; fuel ($2.15) 1.0 Hr $36.44 2/1/18 Notice of Violation (NOV); Mailed certified mail 1.0 Hr $43.11 return reciept requested ($6.67); Fuel ($2.15) 3/14/18 Prepared Notice (NOV) for posting property and 2.0 Hr. $70.73 City Hall; photos; Fuel ($2.15) 5/4//18 Prepared Notice (Notice of Hearing) for posting 1.0 Hr $36.44 property and City Hall; photos; Fuel ($2.15) 5/7/18 Site visit to property; photos; fuel ($2.15) 1.0 Hr $36.44 5/16/18 Prepare Power Point for hearing 2.0 Hr $33.85 5/17/18 Site visit to property; photos; fuel ($2.15) 1.0 Hr $70.58 5/17/18 Code Enforcement Board Hearing; Time for 1.0 Hr $291.81 Officer Palmer @ $34.29; Building Official @ $51.12; Board Secretary @ $28.40; City Attorney @ $178.00 (lhour for all) 5/24/18 Prepared Board Order for mailing; Secretary @ 1.0 Hr $37.22 $28.40; mailings ($6.67); Fuel ($2.15) 5/25/18 Cost to file Board Order with Brevard County 1.0 Hr $19.00 Clerk of Court ($10.50 first page and $8.50 every page thereafter) 5/25/18 Site visit to property; spoke with owners; fuel 2.0 Hr $70.73 ($2.15) 5/27/18 Spoke with Complainant. 1.0 Hr. $34.29 5/29/18 Spoke with property owners. 1.0 Hr. $34.29 6/5/18 Spoke with Complainant. 0.50 $17.14 7/24/19 Request for lien payoff- emailed .50 Hr. $17.14 2/7/20 Compliance inspection; fuel ($2.15) 1.0 Hr $36.44 2/8/20 Staff time for preparing case; spreadsheet; 3.0 Hr $102.87 3/3/20 Preparation of release of lien and recording; 1.00 $44.29 Total Staff Costs $1,032.81 City of Cape Canaveral City Council Meeting - August 18, 2020 Agenda Item Summary Item No. 7 Subject: Select an Option for the Solar Light Replacement Program on Ridgewood and North Atlantic Avenues and authorize the City Manager to budget same. Department: Public Works Services Summary: At the July 21, 2020 Budget Workshop meeting, City Council discussion included the status of solar lighting repair and replacement for fixtures located on Ridgewood Avenue and North Atlantic Avenue. Staff responded that the replacement of the older, less efficient and costlier fixtures with newer, more efficient, less expensive fixtures is scheduled to begin this year with five (5) lights being replaced each year. City Council inquired as to the possible acceleration of the replacement plan. Staff is proposing two options for an accelerated replacement plan, both of which are detailed herein. City Council may choose one of these two options, or alternatively, may elect an entirely different option. There are 98 lights in total between Ridgewood Avenue and North Atlantic Avenue. Five of those will be replaced this Fiscal Year (FY 19/20). The remaining solar lights (93) in need of maintenance and/or replacement on Ridgewood Avenue (63) and North Atlantic Avenue (30) are outdated and costly to maintain. Maintenance of each of these lights requires two batteries at a cost of $290.00 per battery, which results in 186 battery replacements costing $53,940.00 if all batteries were required to be replaced in a single year. Solar technology has improved over the past several years, and the newer lights utilize an ION battery pack which lasts seven -to -ten years longer than past battery types. Financially, it would be beneficial to replace the older solar lights with the newer technology. The majority of the lights (76) in need of maintenance and/or replacement are within the Community Redevelopment Agency (CRA) boundary and are eligible CRA expenses (see Attachment). To replace these lights, the total cost to the CRA would be $208,547.00. The remaining lights (17) in need of maintenance and/or replacement are installed outside of the CRA boundary (at the northern end of Ridgewood Avenue) and are therefore not an eligible CRA expenditure. The replacement of these lights would be paid from the General Fund at a cost of $46,649.00. The Proposed Budget for FY 20/21 includes $15,000.00 for solar light replacements on North Atlantic and/or Ridgewood Avenue. Additionally, the proposed budget also includes $12,000.00 for battery and controller replacement for existing solar lights for FY 20/21. This full amount ($27,000) can be re -designated for solar light replacement instead (9 lights). Option 1 entails re -designating the FY 20/21 full amount ($27,000) for solar light replacement (9 lights) and replacing the remaining 84 lights in FY 21/22 at a total cost of $230,496.00. Ordering the lights at one time would result in a bulk purchase discount. Option 2 entails re -designating the FY 20/21 full amount ($27,000) for solar light replacement (9 lights) and replacing the remaining eighty-four (84) lights over a four (4) year period as follows: City of Cape Canaveral City Council Meeting —August 18, 2020 Agenda Item No. 7 Page 2 of 2 FY 21/22 21 lights $58,000 (approx.) FY 22/23 21 lights $58,000 (approx.) FY 23/24 21 lights $58,000 (approx.) FY 24/25 21 lights $58,000 (approx.) Total 84 lights $232,000 (approx.) At current pricing this would represent a cost of approximately $58,000 for each of these fiscal years. However, as technology improves, the future cost per unit will likely reduce. Ridgewood Avenue will be a priority as these solar lights are the oldest and more in need of maintenance. Staff recommends Option 2, as it addresses the immediate needs and provides a fiscally responsible payment option over time. The chosen option will be reflected in subsequent future year budget documents for both the CRA and the General Fund. Submitting Department Director: James Moore Date: 08/11/2020 Attachment: Community Redevelopment Agency Manager Memo regarding Solar Light Replacement Program Financial Impact: Dependent on option chosen, funded by the CRA and General Fund per above; Staff time to procure and replace solar lighting fixtures; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 08/11/2020 The City Manager recommends the City Council take the following actions: Approve Option 2 for the Solar Light Replacement Program on Ridgewood and North Atlantic Avenues and authorize the City Manager to budget same. Approved by Interim City Manager: Todd Morley Date: 08/11/2020 Community Redevelopment Agency Memo TO: City Council FROM: Brenda Defoe-Surprenant, Community Redevelopment Agency Manager DATE: August 10, 2020 RE: Solar Light Replacement Program The proposed improvements associated with the solar light replacement program are eligible City Community Redevelopment Agency (CRA) expenditures. This finding is based on a review of the City of Cape Canaveral Community Redevelopment Plan (Plan). Specifically, these type expenditures by the CRA are authorized under the Public Improvements section of the Plan (see page 19 of the Plan), Partnerships to Improve Services and Facilities, which states: The CRA will work with all appropriate government and private utilities to ensure the provision of adequate public and utility services and facilities within the redevelopment area including, but not limited to, transportation, electricity, telecommunications, cable television, water, storm water, sanitary sewer, gas, parks and recreation, and solid waste. In addition, the Streetscape Improvements portion of the Public Improvements section (see page 20 of the Plan) further supports the proposed expenditures: Streetscape projects are intended to beautify public rights -of -way, provide safe opportunities for pedestrian/bicycle travel„ and upgrade roadways and intersections. Beautification projects may include landscaping of medians and rights -of -way, undergrounding or relocation of utilities, decorative lighting, street furniture, and "gateway" features at its entrance. Other streetscape projects emphasize pedestrian/bicycle mobility and safety such as construction of sidewalks/pedways, enhanced transit stops, and intersection improvements. The CRA may have opportunities to support the North Atlantic Avenue and Central Boulevard Streetscape Projects currently being pursued by the City. Should you have any questions related to this matter, please let me know. Thank you.