HomeMy WebLinkAboutcocc_council_mtg_packet_20200915CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
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AGENDA
September 15, 2020
6:00 P.M.
COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting
will be held both in -person and virtually by communications media technology (CMT).
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.
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 August 18, 2020 Budget Workshop and Regular Meeting.
2. Resolution No. 2020-19; authorizing an addendum to the Agreement for Municipal Law
Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as
Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions,
severability and an effective date.
3. Resolution No. 2020-20; authorizing an addendum to the Contract for fire protection and
emergency medical services between the City of Cape Canaveral, Florida and the Cape
Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent
resolutions, severability and an effective date.
4. Resolution No. 2020-21: due to the economic uncertainty associated with the COVID-19
Pandemic Emergency, temporarily modifying the payment terms for City impact fees to be
made payable no later than the time of issuance of a Certificate of Occupancy; providing
for the repeal of prior inconsistent resolutions, severability and an effective date.
5. Resolution No. 2020-23; reappointing members to the Board of Adjustment of the City of
Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and
an effective date. (Linda M. Brown and Joe Elliott)
City of Cape Canaveral, Florida
City Council Meeting
September 15, 2020
Page 2 of 3
6. Resolution No. 2020-24; due to the economic uncertainty associated with the COVID-19
Pandemic Emergency, amending the effective date of 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; providing for the repeal of prior
inconsistent resolutions, severability and an effective date.
7. Approve City of Cape Canaveral Piggyback Agreement for Professional Building
Department Services with Joe Payne, Inc., and authorize the Mayor to execute same.
8. Appoint City Planner Brenda Defoe-Surprenant as the City's voting representative on the
Space Coast Transportation Planning Organization's Technical Advisory Committee for the
remainder of 2020.
9. Approve Approve Construction Manager At Risk (CMAR) Construction Agreement for the
construction of site and building improvements for the City of Cape Canaveral Multi -
Generational Facility (MGF) and remodel of the former City Hall building to become the
City of Cape Canaveral Culture, Arts, Preservation + Enrichment (CAPE) Center to W+J
Construction Corp., in the amount of $7,998,193 and authorize City Manager and City
Attorney to complete the agreement with the Contractor and execute the Agreement on
the City's behalf.
PUBLIC HEARINGS
6:20 p.m. — 6:35 p.m.
10. Ordinance No. 03-2020; amending Sections 2-57 and 2-58 regarding scheduling Council
Meetings; providing a conforming amendment to Section 18-1 related to the definition of
Civil Emergencies; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability, and an effective date, first reading.
11. a. Resolution No. 2020-22; adopting a Final 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.
b. Ordinance No. 04-2020; adopting the Annual General Fund, Wastewater Enterprise
Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital
Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2020,
and ending September 30, 2021; providing for an effective date, second reading.
ITEMS FOR DISCUSSION
6:35 p.m. — 6:50 p.m.
12. 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 and the May 16, 2020
Regular City Council Meeting. (Submitted by Council Member Morrison)
13. Parking Space Minimum Widths and Spaces (Submitted by Council Member
Morrison)
City of Cape Canaveral, Florida
City Council Meeting
September 15, 2020
Page 3 of 3
14. Discussion on City of Cape Canaveral Reclaimed Water Policy (Submitted by Council
Member Morrison)
REPORTS
6:50 p.m. — 7:00 p.m.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the City Council with respect to any matter considered
at this meeting, that person will need a record of the proceedings, and for such purpose that person may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with
Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
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.
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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
Item No. 1
DRAFT
CAPE CANAVERAL CITY COUNCIL
BUDGET WORKSHOP MEETING
VIRTUAL MEETING via GoToWebinar
Tuesday
August 18, 2020
4:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 4:00 P.M. and read a statement
regarding virtual participation instructions. 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
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 Deputy 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 reviewed Council action taken at the July Budget Workshop Meeting and
commented on the Multi -Generational Facility, Culture, Arts, Preservation + Enrichment (CAPE)
Center and West Central Boulevard Streetscape Projects. Discussion ensued and included support
for the Proposed Budget, there being no need to go lower than roll -back, worthwhile projects in
the works, continuing to follow the City Vision, budgeted streets and stormwater projects, threat
of hurricanes, suggested programs/incentives to plant trees and improve landscaping on public
land, initiative to be pesticide free, planting additional Sea Oats, suggestion for beachside
City of Cape Canaveral, Florida DRAFT
City Council Budget Workshop Meeting — CMT
August 18, 2020
Page 2 of 2
municipalities matching funds to reduce speed limits on State Road A1A, concerns regarding
Florida Department of Transportation's role in reducing the speed limit on SR A1A and recent
planning sessions between City Staff and FDOT, investment in City fleet vehicles, support for
improvements to public meeting production, solar lighting along Ridgewood Avenue, stormwater
systems and a recent storm which produced heavy rain amounts within a relatively short period
of time, upcoming Resiliency Plan presentation by the Community Development Staff which will
inform future City budgets, Christmas holiday decorations and an agreement Staff is working on
with Florida Power & Light.
Mayor Hoog lost Internet connection due to inclement weather causing him to leave the Meeting;
Mayor Pro Tem Brown took over as Chair. Discussion continued regarding the Resiliency Plan to
include additional funds for the City's Tree Bank, a current program Community Development
Staff facilitates that gives Mangrove seedlings to property owners within the City and residents
may register their yards with Keep Brevard Beautiful to become certified as Lagoon Friendly.
ADJOURNMENT: Due to inclement weather causing Mayor Hoog and Council Member Morrison
to lose Internet connection, Mayor Pro Tem Brown and Council Members Kellum and Raymond
agreed to adjourn the Meeting at 4:48 P.M.
Bob Hoog, Mayor
Mia Goforth, City Clerk
DRAFT
CAPE CANAVERAL REGULAR CITY COUNCIL MEETING
VIRTUAL MEETING via GoToWebinar
Tuesday
August 18, 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:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Community and Economic Development Director
Cultural and Community Affairs Director
Leisure Services Director
Public Works Services Director
HR/Risk Management Director
Deputy City Clerk
Brevard County Sheriff's Office Commander
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
Andrew Walters
Dave Sargeant
PUBLIC PARTICIPATION: City Clerk Goforth read an email received from Joe Abreu, 225 Long
Point Road, commenting on drainage and access issues regarding the estuary area located at
Long Point Road (see attached). Capital Projects Director Ratliff provided an update on the City's
grant application and development of the Long Point Road Estuary Park program which he
indicated would address the issues raised.
CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion.
Council Member Morrison removed Item 5.
1. Approve Minutes for June 16, 2020 Regular Meeting and July 2, 2020 and July 9,
2020 Special Meetings. (postponed on July 21, 2020)
City of Cape Canaveral, Florida
City Council Meeting — Regular Virtual
August 18, 2020
Page 2 of 4
DRAFT
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.
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.
A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Brown, to
pass Consent Agenda Items 1-4. The motion carried 5-0.
5. Discussion ensued and included concerns regarding certain landscaping areas in the City.
Public Works Services Director Moore explained how U.S. Lawns of Brevard are still learning the
area after taking over the job within the last six months, providing excellent services, encouraged
reporting areas of concern to Staff, confirmed the chemical glyphosate is not being used and
explained the Florida Department of Corrections inmate crew provides services to the City storm
drains and mow areas not in the U.S. Lawns contract. A motion was made by Council Member
Morrison, seconded by Council Member Raymond, to approve Item 5. The motion carried
5-0.
OLD BUSINESS:
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: City Attorney Garganese summarized the Item. Discussion ensued
regarding the use of the home as a vacation rental property and the City's seven-day minimum
requirement for such use. Jared Doyle, property owner, confirmed an online vacation rental
company had been used to list the property. Community and Economic Development Director
Dickey explained a Code Enforcement investigation was opened on the matter at this address with
no Notice of Violation issued to date and that law enforcement responded to the Property on five
separate occasions related to parking and loud music. Discussion continued regarding whether
Council should consider charging the original lien amount, concerns over criteria and process of
this particular Application, investment versus profit, expenses that bring a property into
compliance versus upgrades, improvements and amenities and adding one -thousand dollars to
Council's proposed Lien Reduction amount of $23,000, representing the costs incurred by the City
City of Cape Canaveral, Florida
City Council Meeting — Regular Virtual
August 18, 2020
Page 3 of 4
DRAFT
since the Item last appeared on the City Council agenda. Nathan Doyle, previous property owner
and contractor, explained investments and improvements made to the Property. Discussion
ensued and included the original seller's struggle to fix the property, low purchase price versus
high sale price, moving away from lien reduction actions, short-term rental issues in the City and
State requirements. City Attorney Garganese reviewed Council actions taken thus far and the
recommended options. A motion was made by Council Member Raymond, seconded by,
Council Member Morrison, to keep the lien reduction in the amount of $23,000. Discussion
ensued regarding an additional one -thousand dollars to ensure Staff costs are covered. A motion
was made by Council Member Raymond, seconded by Mayor Pro Tem Brown, amending
the main motion by an additional $1,000. The motion carried 5-0. There was no public
comment. The main motion carried in the total amount of $24,000, as amended, 5-0.
ITEM FOR ACTION:
7. Select an Option for the Solar Light Replacement Program on Ridgewood and North
Atlantic Avenues and authorize the City Manager to budget same: City Manager Morley
summarized the Item. Discussion ensued and included how the darkest areas of the City should
receive new lighting first, achieving "no -lights -out", maintenance issues related to salt air and
corrosion, the measure will not come back to Council after approval as it will be budgeted and
managed by Staff, obtaining the best warranty, support for Option 2, 5-year replacement plan,
better design and the likelihood solar lighting costs will decrease over the coming years. There
were no public comments. A motion was made by Council Member Raymond, seconded by
Council Member Kellum, to accept Option 2, a 5-year replacement plan. The motion carried
5-0.
REPORTS:
Council Member Morrison discussed participation in the City's Backpack Jamboree, Children's
Hunger Project event, commented on the heavy rain event and thanked Staff.
Council Member Raymond discussed the Mayors' Fitness Challenge win for the City, Space Coast
League of City virtual meetings, status and recommendations and Florida League of Cities meeting
and status, including new President Tony Ortiz, theme is "Make Florida Cities Strong."
Council Member Kellum discussed a desire to change the City Code of Ordinances, Chapter 110-
470, specifically pertaining to concrete walls, submitted photos of bare walls versus green/living
walls to show the aesthetic concerns and possible improvements. Discussion ensued. A consensus
was reached by the Council for Staff to research the initiative and bring back to Council for
discussion. Council Member Kellum discussed participation in the City's Backpack Jamboree and
Children's Hunger Project event, attended the virtual Business and Economic Development Board
Meeting and expressed sadness over the closure of some restaurants due to the pandemic.
Mayor Pro Tem Brown discussed participation in the City's Backpack Jamboree, the success of the
Little League Baseball Program has increased participation three -fold and while social distancing
and mask guidelines were followed, the heavy rain event, the Mayors Fitness Challenge and
City of Cape Canaveral, Florida
City Council Meeting — Regular Virtual
August 18, 2020
Page 4 of 4
DRAFT
thanked Staff for their efforts in the event and for all of work being done by all of the City Staff
during these tough times.
Mayor Hoog discussed the success of the City's Backpack Jamboree, thanked all of Staff and stated
he was looking forward to the City receiving a $250,000 Inland Waterway Grant.
City Manager Morley expressed thanks to the Council, Staff, Brevard County Sheriff's Office and
Canaveral Fire Rescue efforts.
ADJOURNMENT: There being no further business, the Meeting was adjourned at 7:55 P.M.
Bob Hoog, Mayor
Mia Goforth, City Clerk
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No. 2
Subject: Resolution No. 2020-19; authorizing an addendum to the Agreement for Municipal Law
Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of
Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an
effective date.
Departments: City Clerk's Office and Administrative/Financial Services
Summary: The City and the Brevard County Sheriff's Office (BCSO) entered into an Agreement on
October 1, 2017 for BCSO to provide Municipal Law Enforcement Services to the City. The City of
Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, shall
renegotiate the Agreement price each year for the term of the Agreement. The City Council annually
considers/approves a resolution authorizing an addendum to the original Agreement; now in the
third year of a five-year term ending September 30, 2022.
Under the Addendum put forth, the parties agree the compensation to be paid by the City to BCSO
for FY 2020/21 shall be the sum of $3,011,249.00. Payment shall be made to BCSO by the City in
twelve equal monthly installments of $250,937.42 payable on or before the first day of each month.
This represents the total contract price of $3,147,044.00, minus $135,795.00 credit for services
provided to Avon -by -the Sea, for a net pay cost of $3,011,249.00 for FY 2020/21.
Submitting Department Directors: Mia Goforth/John DeLeo Date: 08/25/2020
Attachment: Resolution No. 2020-19 with Addendum
Financial Impact: As reflected in the City's 2020/21 Proposed Annual Budget and in the addendum
to the Agreement, the compensation to be paid by the City to BCSO shall be $3,147,044.00, less
$135,795.00 credit for Avon -by -the -Sea, for a net cost of $3,011,249.00 for FY 2020/21; Staff
time/effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 08/25/2020
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2020-19.
Approved by City Manager: Todd Morley Date: 08/25/2020
RESOLUTION NO. 2020-19
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR
MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE
CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY;
PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law
Enforcement Services; and
WHEREAS, said Agreement contains a five (5) year term commencing on October 1, 2017
and ending September 30, 2022, and provides the City and the Sheriff shall renegotiate the
contract price each year for the term of the agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are
hereby incorporated herein by this reference as a material part of this Resolution.
SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to
execute an Addendum to the Agreement for Municipal Law Enforcement Services between the
City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2020
through September 30, 2021. A copy of said Addendum is attached hereto and made a part
hereof by this reference as if fully set forth.
SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 15th day of September, 2020.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2020-19
Page 1 of 2
ATTEST:
Mia Goforth, CMC
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Resolution No. 2020-19
Page 2 of 2
Resolution No. 2020-19 I Attachment
ADDENDUM
CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT
THIS ADDEMDUM is entered into this day of , 2020 by and between
the CITY OF CAPE CANAVERAL, FLORIDA (hereinafter "CITY") and WAYNE IVEY, IN HIS CAPACITY
AS THE SHERIFF OF BREVARD COUNTY, FLORIDA, a county constitutional officer and a county
charter officer (hereinafter called the "Sheriff' or "BCSO")
WHEREAS, the Sheriff currently provides municipal law enforcement services to the City
and its citizens pursuant to that certain Cape Canaveral Law Enforcement Agreement approved by
the parties and memorialized in writing by City Resolution No. 2017-20, as may be amended from
time to time (hereinafter "Agreement"); and
WHEREAS, the Agreement contains a five (5) year agreement commencing October 1,
2017 and ending September 30, 2022, and provides the City and Sheriff shall renegotiate the
compensation to be paid by the CITY to BCSO each year for the term of the contract; and
WHEREAS, the agreement requires that written agreement as to the compensation paid
by the CITY to BCSO for each year be in force by October 1st of the affected year, or the fee will
be equal to that of the previous year, plus 4% for operational increases subject to adjustment by
mutual agreement after the commencement of the fiscal year and after the CITY approves a
budget; and
WHEREAS, in accordance with the Agreement, the parties desire to establish the
compensation to be paid by the CITY to BCSO for Fiscal Year 2020-2021 in accordance with the
City's annual budget process; and
WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base
contract price for the City's Fiscal Year 2020-2021; and
NOW THEREFORE, in consideration of mutual promises, and other lawful consideration,
which the parties hereby acknowledge is sufficient and received, the CITY and the BCSO agree as
follows:
1.0 The foregoing recitals are hereby deemed true and correct and are hereby
fully incorporated herein by reference.
2.0 Pursuant to Article VII of the agreement, the compensation to be paid by the
CITY to BCSO for Fiscal Year 2020-2021 shall be the sum of $3,011,249.00.
Payments shall be made to the BCSO by the CITY in twelve equal monthly
installments of $250,937.42, payable on or before the first day of each month.
3.0 The Agreement is hereby ratified and shall remain in full force and effect,
provided, however, the terms and conditions of the Agreement which are
modified by this Addendum are repealed and superseded by the provisions
set forth herein. On a periodic basis, the parties agree to cooperate and
meet to discuss updates and revisions.
Addendum — Cape Canaveral Law Enforcement Agreement
Page 1 of 2
Resolution No. 2020-19 I Attachment
4.0 The undersigned signatories hereby represent for their respective entities
that they are duly authorized to execute this Addendum on behalf of their
respective entity. Further, upon execution of this Addendum, the Addendum
shall be deemed a binding obligation on the respective entity on whose
behalf they have executed the Addendum.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly
authorized representatives as of the date first written above.
ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA
Approved as to form and content:
Charles Ian Nash
GENERAL COUNSEL FOR
SHERIFF WAYNE IVEY
Date
Wayne Ivey
SHERIFF
ATTEST: CITY OF CAPE CANAVERAL
Mia Goforth, CMC
CITY CLERK
Approved as to form and content:
Anthony A. Garganese
CITY ATTORNEY
Date
Bob Hoog
MAYOR
Addendum — Cape Canaveral Law Enforcement Agreement
Page 2 of 2
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No. 3
Subject: Resolution No. 2020-20; authorizing an addendum to the Contract for fire protection and
emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral
Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions,
severability and an effective date.
Department: City Clerk's Office and Administrative/Financial Services
Summary: The City of Cape Canaveral Volunteer Fire Department, Inc. (CCVFD), dba Canaveral Fire
Rescue, entered into a Contract on September 25, 2007 for CCVFD to provide Fire Protection and
Emergency Medical Services to the City. The City Council annually considers/approves a resolution
authorizing an Addendum to the original Contract, which extends through September 30, 2034.
Under the Addendum put forth, the parties agree as follows:
1. The City and CCVFD entered into a Contract for Services dated September 25, 2007
which expires September 30, 2034;
2. The Contract provides that the City and CCVFD shall renegotiate the base contract each
year after the first year;
3. The parties have agreed to a base annual Contract price for FY 2020/21 of $1,878,473.00
payable at $156,539.42 monthly.
Submitting Department Directors: li4C.4ia Goforth/John DeLeo Date: 08/25/2020
Attachment: Resolution No. 2020-20 with Addendum
Financial Impact: As reflected in the City's 2020/21 Proposed Annual Budget and in the Addendum
to the Contract, the City agrees to pay CCVFD (dba CFR) the base annual Contract price of
$1,878,473.00 payable in monthly installments of $156,539.42; Staff time/effort to prepare this
Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 08/25/2020
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2020-20.
Approved by City Manager: Todd Morley Date: 08/25/2020
RESOLUTION NO. 2020-20
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR FIRE
PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF
CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC.; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department,
Inc. have entered into that certain Contract for Services dated September 25, 2007; and Resolution
No. 2015-05 was adopted on May 19, 2015 for the purposes of modifying the term for Services
to expire on September 30, 2034; and
WHEREAS, said Contract provides that the City and the Cape Canaveral Volunteer Fire
Department, Inc. shall renegotiate the base contract each year after the first contract year.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are
hereby incorporated herein by this reference as a material part of this Resolution.
SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to
execute an Addendum to the Contract for Services between the City of Cape Canaveral and the
Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the
contract year October 1, 2020 through September 30, 2021. A copy of said Addendum is
attached hereto and made a part hereof by this reference as if fully set forth.
SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 15th day of September, 2020.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2020-20
Page 1 of 2
ATTEST:
Mia Goforth, CMC,
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Resolution No. 2020-20
Page 2 of 2
Resolution No. 2020-20 I Attachment
ADDENDUM
THIS ADDENDUM is entered into this day of September, 2020 by and between the
CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and the CAPE CANAVERAL
VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Florida
corporation, hereinafter called the "Corporation."
WHEREAS, the City and the Corporation have entered into that certain Contract for Services
dated September 25, 2007 ("Contract"), which Contract is for a term of twenty-seven (27) years; and
WHEREAS, said Contract requires the City and the Corporation to re -negotiate the base
contract price for each year of the Contract after the first year; and
WHEREAS, the parties have agreed to a revised Contract price for the period October 1,
2020 through September 30, 2021.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1. Recitals. The parties agree that the above recitals are true and correct and incorporated into
the body of this Agreement by this reference.
2. Price Revision. Paragraph 13 of the Contract is amended to read as follows:
"The City agrees that in return for services specified herein, it will pay the
Corporation the base annual contract price of $1,878,473.00. The compensation
provided for herein shall be paid monthly in the sum of $156,539.42 per month
commencing on the first day of October 2020 and continuing on the first day of
each month thereafter. The parties shall renegotiate the base contract price for
each successive year of this contract annually."
4. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full
force and effect.
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal corporation,
by its duly authorized officer, has executed this instrument this 15th day of September, 2020.
ATTEST: CITY OF CAPE CANAVERAL, FLORIDA
a Municipal Corporation
Mia Goforth, CMC By:
CITY CLERK Bob Hoog, MAYOR
(Corporate Seal)
IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,
INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit corporation, by its authorized officers, has
executed this instrument this day of September, 2020.
ATTEST:
Secretary
(Corporate Seal)
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., d/b/a CANAVERAL
FIRE RESCUE, a non-profit Corporation
By:
Dave Sargeant, FIRE CHIEF
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No. 4
Subject: Resolution No. 2020-21; due to the economic uncertainty associated with the COVID-19
Pandemic Emergency, temporarily modifying the payment terms for City impact fees to be made
payable no later than the time of issuance of a Certificate of Occupancy; temporarily extending the
reducing or waiving of certain impact fees described in Resolution No. 2020-12; providing for the
repeal of prior inconsistent resolutions, severability and an effective date.
Department: Community and Economic Development
Summary: At its April 14, 2020 Special Meeting, City Council adopted Emergency Resolution No.
2020-09 in response to the COVID-19 Pandemic Federal and State Emergency. Furthermore, on
May 19, 2020 Regular Meeting, City Council approved Resolution No. 2020-12 to temporarily (until
September 30, 2020) reduce or waive certain City fees due to the COVID-19 Pandemic Emergency
(Emergency). These include:
a) Reduce Building Permit fees by fifty percent (50%) for residential and commercial projects
valued under $15,000.
b) Reduce all City Board application fees by fifty percent (50%).
c) Waive Fire Inspection fees.
d) Defer the payment of a business tax receipt (BTR) by sixty (60) days for a new business.
e) Waive Friday Fest application fees for Cape Canaveral businesses through September 30,
2020.
In addition, the Business & Economic Development (BED) Board was convened on July 29, 2020 to
discuss further ideas on ways the City could further assist businesses during the Emergency. The
Board recommended the City survey business owners, via an online survey. To that end, a mailer
was sent in late August inviting local business owners, who hold a City Business Tax Receipt, to
participate in the survey. The survey is posted on the City webpage through the end of September.
It is Staff's intent to present ideas generated via the survey to the BED Board, who will then make
recommendations to the Council in October/November.
In the meantime, Staff has been contacted by Tom Hermansen (Attachment 1), a local hotelier, to
request the City defer payment (until the issuance of a Certificate of Occupancy (CO)) of
approximately $163,419 in City impact fees related to the construction of a 150-room hotel. The
following is an estimate of the fees that would be deferred for this project:
Sanitary
$122,335
General Govt.
$15,846
Police
$12,254
Fire
$12,982
TOTAL
$163,419
Current City policy requires that City impact fees be paid at the time a Building Permit (BP) is issued.
This request would defer the receipt of fees by approximately 18 months, which is the typical time
between BP and CO for a similarly sized hotel project.
City of Cape Canaveral
City Council Meeting — September 15, 2020
Agenda Item No. 4
Page 2 of 2
Note that Council shifted the payment of City impact fees from CO to BP with the passage of
Ordinance No. 10-2019 on June 19, 2019. Mr. Hermansen's request only relates to City impact fees.
The collection of County impact fees (transportation) are not affected by Ordinance No. 10-2019
and continue to be paid at CO.
Although the request is for a specific project, the underlying policy should apply to all new
construction in the City. At the core of the request is to delay the expense of impact fees to a time
closer to project completion. This is particularly important to commercial development as the time
between impact fee cost and the generation of revenue will be shortened.
Due to the impact of the Emergency on local residents and businesses, Staff is recommending the
Council adopt Resolution No. 2020-21 (Attachment 2), providing a temporary deferral of the
payment of City impact fees to no later than the time of issuance of a CO, for permits applied for
during the State of Emergency and shall automatically terminate at such time Emergency Resolution
No. 2020-09 is terminated or, at such time expressly terminated by separate resolution adopted by
the City Council, whichever occurs sooner.
Resolution No. 2020-21 also includes a conforming amendment to Resolution No. 2020-12, which
the Council previously adopted to reduce or waive certain City impact fees until September 30,
2020. For consistency purposes, it is proposed that Resolution No. 2020-12 be revised to
temporarily extend the reduction or waiver until terminated in the same manner as prescribed in
this Resolution (Resolution No. 2020-21).
Current and FY 2020/21 budgetary revenue projections are based on impact fees being received at
CO. Additionally, and if agreeable, it is the Council's prerogative to approve a deferral of 100 percent
of City impact fees or a smaller percentage such as 75 or 50 percent.
Submitting Department Director:
David Dickey Date: 09/04/2020
Attachments:
1. Tom Hermansen Letter dated August 21, 2020
2. Resolution No. 2020-21
Financial Impact: Staff time and effort to complete the Agenda Item. The immediate impact will
be the deferred payment of a minimum $163,419 in impact fees for an estimated 18 months.
Reviewed by Administrative/Financial
Services Director:
John DeLeo Date: 09/04/2020
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2020-21.
Approved by City Manager: Todd Morley Date: 09/04/2020
Attachment 1
Todd Morley
City Manager
City of Cape Canaveral
102 Polk St
Cape Canaveral, FL 32920
t.morley@cityofcapecanaveral.org
RE: City Impact Fees
TownePlace Suites Hotel / Reef Hotel Group, LLC
Dear Todd,
August 21, 2020
We have been made aware that the City Council has formed a business advisory council with
the purpose of exploring actions that the City may consider providing COVID relief to businesses
within the City. We understand that this process is ongoing but that the recommendations
likely will not reach the Council for its consideration until later this year.
Our entity — Reef Hotel Group, LLC — is currently in the process of applying for a Building Permit
for our second hotel located at 605 West Central Blvd — the 153 room Marriott TownePlace
Suites. Since the Council passed Ordinance 10-2019 (ref Section 78-122), impact fees due to
the City for this project are now required at issuance of a building permit, whereas prior to the
issuance of this ordinance these fees would be due at issuance of a Certificate of Occupancy.
Our estimated construction timeframe for this second hotel is eighteen (18) months from
issuance of a building permit. Therefore, the payment of these impact fees at issuance of a
building permit versus at issuance of a CO represents a considerable cash flow burden.
The City Impact fees for our recently opened Springhill Suites at 655 West Central Blvd. were as
follows:
Sewer Utilization
$122,335
General Government
$15,846
Police
$12,254
Fire
$12,982
Total
$163,419
We would also note that in addition to these impact fees, we also paid the City a total of
$126,560 in building permit, plan review and inspection fees for the Springhill Suites during the
construction phase.
Suffice it to say that our existing hotel operations, including the Springhill, are struggling due to
the tremendously negative impact that the COVID pandemic is having on the hospitality
industry.
Page 1 of 2
Since the Council is open to considering relief for businesses, we respectfully request that you
place an item on the next City Council agenda for us to request some relief with respect to the
timing of the payment of City impact fees. We understand and respect the Council's wishes to
have these fees paid at issuance of a building permit, however, due to the unprecedented
impacts that COVID is having on all businesses — hospitality businesses in particular - we hope
that the Council would consider granting some relief under these exceptional circumstances.
Thank you in advance for your consideration.
Respectfully,
REEF HOTEL GROUP, LLC
BY: Tom C Hermansen as Co -Manager
TomH@OceanPartnersCB.com
Page 2 of 2
Attachment 2
RESOLUTION NO. 2020-21
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; DUE
TO THE ECONOMIC UNCERTAINTY ASSOCIATED WITH THE COVID-19
PANDEMIC EMERGENCY, TEMPORARILY MODIFYING THE PAYMENT TERMS
FOR CITY IMPACT FEES TO BE MADE PAYABLE NO LATER THAN THE TIME OF
ISSUANCE OF A CERTIFICATE OF OCCUPANCY; TEMPORARILY EXTENDING
THE REDUCING OR WAIVING OF CERTAIN CITY FEES DESCRIBED IN
RESOLUTION NO. 2020-12; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, this Resolution is adopted in accordance with the emergency powers vested
in the City of Cape Canaveral pursuant to Chapter 252, Florida Statutes, Chapter 18 of the City
Code and other applicable law (hereinafter referred to as "City's Emergency Powers"); and
WHEREAS, the City Council previously adopted Emergency Resolution No. 2020-09 in
response to the COVID-19 Pandemic Federal and State Emergency; and
WHEREAS, the City Council finds that the COVID-19 Pandemic Emergency has had a
negative economic impact on the world economy including the residents and businesses of Cape
Canaveral; and
WHEREAS, Section 2-234(b) of the City Code currently requires payment of City impact
fees at the time of issuance of a building permit for new construction; and
WHEREAS, the City Council desires to afford economic relief to residents and businesses
engaging in new construction in the City of Cape Canaveral by exercising the City's Emergency
Powers and temporarily suspending the payment of City impact fees at the time of issuance of a
building permit and require that such fees be paid in full no later than the time of issuance of a
certificate of occupancy for new construction; and
WHEREAS, the City Council previously adopted Resolution No. 2020-12 reducing or
waiving certain City fees described in said resolution until September 30, 2020 and now desires,
for consistency purposes, to temporarily extend the reduction or waiver until terminated in the
same manner as prescribed in this Resolution; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Payment of City Impact Fees. During the time period that this Resolution
remains in effect, the application of Section 2-234(b) is hereby suspended and substituted with
the following payment terms:
City of Cape Canaveral
Resolution No. 2020-21
Page 1 of 2
(a) For building permit applications filed with the City, all impact fees shall be paid by
certified funds no later than the time of issuance of a certificate of occupancy for such new
construction. Nothing herein shall be construed or interpreted as prohibiting an applicant from
paying the impact fees prior to this time including at the time of filing a building permit
application.
(b) No certificate of occupancy or city license shall be issued until the impact fee as
set forth in the City Code have been paid in full.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Council, or parts of resolutions in conflict herewith, are hereby
repealed to the extent of the conflict for the term of this Resolution.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this resolution.
Section 5. Modifying Resolution No. 2020-12. The termination date set forth in
Resolution No. 2020-12 is hereby modified to provide that Resolution No. 2020-12 shall
automatically terminate at such time Emergency Resolution No. 2020-09 is terminated or, at such
time expressly terminated by separate resolution adopted by the City Council, whichever occurs
sooner.
Section 6. Effective Date; Termination. This Resolution shall take effect immediately
upon adoption by the City Council, and shall automatically terminate at such time Emergency
Resolution No. 2020-09 is terminated or, at such time expressly terminated by separate resolution
adopted by the City Council, whichever occurs sooner.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting
duly assembled on the 15th day of September, 2020.
Bob Hoog, Mayor
ATTEST: For Against
Mia Goforth, CMC
City Clerk
Mike Brown
Robert Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2020-21
Page 2 of 2
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No. 5
Subject: Resolution No. 2020-23; reappointing members to the Board of Adjustment of the City of
Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an
effective date. (Linda M. Brown and Joe Elliott)
Department: City Clerk's Office
Summary: The terms for Board of Adjustment (BOA) Chairperson Joe Elliott and Vice -Chairperson
Linda M. Brown will expire October 1, 2020. Mr. Elliott has served on the Board since November 18,
2014 and Ms. Brown has served on the BOA since April 21, 2009. Mr. Elliott and Ms. Brown have
each expressed a desire to continue serving for an additional three-year term. Consistent with
§2-171(f), City Code, these Board Members are eligible for reappointment as, without
reappointment, there would be six vacancies on the Board and there are only four applicants that
have expressed interest in serving on the BOA.
Following completion of this term, Mr. Elliott and Ms. Brown may be eligible for reappointment to
the BOA for an additional term, provided no other qualified applicant(s) submit application(s)
seeking appointment, consistent with §2-171(f), City Code.
It is now incumbent upon the City Council to reappoint members to the BOA.
Submitting Department Director: Mia Goforth Date: 09/03/2020
Attachment:
Resolution No. 2020-23
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 09/03/2020
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2020-23.
Approved by City Manager: Todd Morley Date: 09/03/2020
RESOLUTION NO. 2020-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA; REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF
THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section
110-26 established a Board known as the Board of Adjustment; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint Members to said Boards.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Reappointment to City Advisory Boards. Pursuant to Section 2-171(e) of the
Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the
following individuals to the Board of Adjustment:
Linda M. Brown and Joe Elliott shall be reappointed to serve until October 1, 2023.
Following completion of this term, these appointees may be eligible for reappointment if no other
qualified applicants submit applications seeking appointment, consistent with the limitations set
forth in section 2-171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 15th day of September, 2020.
[Signature page follows]
City of Cape Canaveral
Resolution No. 2020-23
Page 1 of 2
ATTEST:
Mia Goforth, CMC,
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Resolution No. 2020-23
Page 2 of 2
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No. 6
Subject: Resolution No. 2020-24; due to the economic uncertainty associated with the Covid-19
Pandemic Emergency, amending the Effective Date of 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; providing for the repeal of prior inconsistent
resolutions, severability and an effective date.
Department: Community and Economic Development
Summary: At its June 16, 2020 Regular Meeting, the Council adopted Resolution No. 2020-01
(Attachment 1), which amended Appendix B of the City Code to revise Building Permit fees as well
as adjust fees related to Community Appearance Board applications.
Due to the COVID-19 Pandemic Emergency, the Council determined that the effective date for the
revised fees would be October 1, 2020. This date was tied to the Council's decision to reduce certain
City fees and charges until September 30, 2020 as contained in Resolution No. 2020-12.
However, the timeframe of the COVID-19 Pandemic Emergency, as well as its impacts on the City,
are unknown and cannot be projected. For this reason, the City Attorney has prepared Resolution
No. 2020-24 (Attachment 2), which modifies Resolution No. 2020-01 to establish an effective date
to such time that Emergency Resolution No. 2020-09 is terminated or, at such time expressly
required by separate resolution adopted by the City Council, whichever occurs first.
Submitting Department Director: David Dickey Date: 09/04/2020
Attachments:
1. Resolution No. 2020-01
2. Resolution No. 2020-24
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial ,
Services Director: John DeLeo Date: 09/04/2020
The City Manager recommends the City Council take the following action(s):
Adopt Resolution No. 2020-24.
Approved by City Manager: Todd Morley Date: 09/04/2020
Attachment 1
RESOLUTION NO. 2020-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, 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, SE
VERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, Sections 166.22 and 553.80, Florida Statutes, enables the City to provide a schedule
of fees for carrying out the City's responsibility to enforce the Florida Building Code, which shall be
based on direct costs and reasonable indirect costs, including training costs, associated with review of
building plans, building inspections and building permit processing; building code enforcement; and
fire inspections associated with new construction; and
WHEREAS, Section 166.201, Florida Statutes authorizes a municipality to impose user charges
or fees which are necessary for the conduct of municipal government; and
WHEREAS, the City Council desires to update its permit application fees to more efficiently
recover the costs associated with building and Community Appearance Board services; and
WHEREAS, the City Council believes updating the City's permit application fees will more
accurately reflect the cost of providing these services and recovering the financial burden placed upon
the General Fund for providing permit services to the public; and
WHEREAS, the City Council finds this Resolution to be in the best interest of the public health,
safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated herein
by this reference as part of this Resolution.
Section 2. Amendment to Appendix B, Schedule of Fees. Appendix B, Schedule of Fees, to the
Cape Canaveral Code of Ordinances related to Chapters 22 (Community Development) and 82 (Buildings
and Building Regulations) is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while Chapters not stated below, and type not underlined or struckout
shall remain the same as the language existing prior to adoption of this Resolution):
City of Cape Canaveral
Resolution No. 2020-01
Page 1 of 7
Appendix B - SCHEDULE OF FEES
Printed herein are the fees, rates and charges established by resolution of the city council.
Subpart A. General Ordinances
Chapter 22. Community Development
Article Ill. Community Appearance Review
Amount
Code
Section
1. Level I
a. Commercial and industrial projects 850
square feet or Tess
75.00
22-42
b. One to three residential units
75.00
22-42
c. All signs
35.00
22-42
d. Fences 1-3 residential units
0
22-42
e. Single-family residential addition 850 square feet or Tess
35.00
22-42
f. Wall Mural
75.00
22-42
g. Accent Lighting
50.00
22-42 (94-1)
2. Level II
a. Commercial and industrial projects over 850 square feet
75.00
750.00
22-42
b. Four or more residential units
75.00
750.00
22-42
c. Commercial fences
75.00
22-42
City of Cape Canaveral
Resolution No. 2020-01
Page 2 of 7
Subpart B. Land Development Code
Chapter 82. Buildings and Building Regulations
Code Section 82-2
(A) Building permit fees. On all buildings, structures or alterations requiring a building permit, a fee set
forth below shall be paid at the time the permit is issued:
Permit fees by total valuation:
Valuation
Fee
$500.00 or less
$70.00 $50.00
$501.00 to and
including $1,000.00
$1,500.00
$90.00 $65.00
$1001.00 ,1,501.00 to
and including $2,000.00
$3,000.00
$125.00 $80.00
$2,001.00 $3,001.00 to
and including $20,000.00
$20,000.00
$125.00 $80.00 for the first $2,000.00 and $5,00 $7.00 for
each additional $1,000.00 or fraction thereof to and
including $20,000.00
$20,001.00 to
$100,000.00
$215.00 $206.00 for the first $20,000.00 and $5.00 for each
additional $1,000.00 or fraction thereof to and including
$100,000.00
$100,001.00 to
$500,000.00
$615.00 $606.00 for the first $100,000.00 and $4.00 $4.50
for each additional $1,000.00 or fraction thereof to and
including $500,000
$500,001.00 and up
$24757.00 $2,406.00 for the first $500,000.00 and $3.00 for
each additional $1,000.00 or fraction thereof to
The total valuation for assessment of permit fees shall be based upon the actual construction contract
price for the work required to be permitted including the contract price for any new structure(s), with
satisfactory evidence of same, being submitted to the building official, or a construction cost estimate
made by the building official, using the latest valuation data published by the International Code Council
(I.C.C.), whichever is greater, except as otherwise provided in this section. In no case shall the valuation
be less than that determined by using the latest valuation data published by the I.C.C.
City of Cape Canaveral
Resolution No. 2020-01
Page 3 of 7
(B) Plan checking fee. In addition to any fee or fees charged in subsection (a) above: When the valuation
of the proposed construction exceeds $1,000.00 and plans and/or specifications are required to be
submitted, a plan checking fee shall be paid at the time the permit is issued.
The plan checking fee shall be equal to one-half the building permit fee. Such plan checking fee shall
be in addition to the building permit fee.
When the valuation of the proposed construction exceeds $500,001.00, a nonrefundable plan review
deposit shall be paid at the time of permit application submittal. Such deposit may not exceed the
anticipated plan review fee.
When a dispute exists in the review of the plans and specifications for construction, the applicant may
request a hearing before the construction board of adjustment.
(C) In addition to any fee or fees charged in subsections (A) and (B), a fee set forth below shall be paid at
the time the permit is issued. Note: Reroofing, remodeling, alterations, additions and repairs permit fees
shall be paid in accordance with subsections (A) and (B) only.
Plumbing, new, residential, per bathroom
$70.00
Plumbing, new, hotel/motel, per unit
$70.00
Plumbing, new, commercial, per bathroom
$70.00
Sewer tap inspection fee
$70.00
Electrical, new, single-family
$110.00
Electrical, new, multifamily, per unit
$85.00
Electrical, new, hotel/motel, per unit
$70.00
Electrical, new, commercial, per unit
$70.00
Mechanical, new, residential, per unit
$85.00
Mechanical, new, hotel/motel, per unit
$60.00
Mechanical, new, commercial, per system
$60.00
Well, deep or shallow
$60.00
City of Cape Canaveral
Resolution No. 2020-01
Page 4 of 7
Moving of building
$160.00
Demolition of building
$110.00
(D) Other fees:
Fire alarm permit
Per valuation table
"A" plus fire
department fee
calculation
Fire sprinkler permit
Per valuation table
"A" plus fire
department fee
calculation
Preliminary review of construction plans
$50.00 per hour or
portion thereof
Change of Contractor/Sub-Contractor
$30.00
Permit Revision Fee. Minimum half-hour charge
$25.00 per half hour
Stormwater Review Fee
$55.00 per hour
Non -Refundable Application Processing Fee
$35.00
Reinspection fee—When extra inspection trips are necessary ue to partial
inspections, wrong address, second call on rejected or condemned work,
additional work done after inspection has been made, or work not ready for
inspection when called, a charge of $45.00 shall be paid in advance for each
additional inspection or at the discretion of the building official on large
projects prior to issuance of a certificate of occupancy or completion
$50.00
Certificate of Occupancy
$50.00
City of Cape Canaveral
Resolution No. 2020-01
Page 5 of 7
Failure to Obtain an approved Final Inspection
$110.00
Work started prior to issuance of permit (ref. building code adopted by
chapter 82 of this Code)
Double Permit Fee
Special Inspection (after-hours, weekend, holiday, arranged two days in
advance). Minimum four-hour charge for weekends and holidays
$50.00 per hour
Final Inspection. Fine for failure to obtain a final approved inspection for a
permit before it expires. No further permits may be issued to any contractor
or permit applicant with an outstanding fine or to any contractor with an
expired permit due to failure to obtain a final inspection.
$110.00
Article V. Registration and Maintenance of Properties in Foreclosure
Amount
Code
Section
Registration and re -registration fee
200.00
82-119
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by
the City Council are hereby expressly repealed to the extent of the conflict.
Section 4. Incorporation Into Appendix B, Schedule of Fees. This Resolution shall be
incorporated into Appendix B, Schedule of Fees, to the City of Cape Canaveral City Code and any
section or paragraph, number or letter and any heading may be changed or modified as necessary to
effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions,
alterations and omissions, not affecting the construction or meaning of this Resolution and the City
Code may be freely made.
Section 5. Severability. If any section, clause, phrase, word or provision is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons,
such portion shall be deemed a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions of this Resolution.
City of Cape Canaveral
Resolution No. 2020-01
Page 6 of 7
Section 6. Effective Date. This Resolution shall become effective on October 1, 2020.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 16th
day of June 2020.
ATTEST:
Mia Goforth,
City Clerk
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown X
Bob Hoog X
Mickie Kellum Second
Wes Morrison Motion
Angela Raymond X
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2020-01
Page 7 of 7
SEAL of Cape Canaveal, Florida
Attachment 2
RESOLUTION NO. 2020-24
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; DUE
TO THE ECONOMIC UNCERTAINTY ASSOCIATED WITH THE COVID-19
PANDEMIC EMERGENCY, AMENDING THE EFFECTIVE DATE OF 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; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Council previously adopted Resolution No. 2020-01 amending
Appendix B, Schedule of Fees of the City Code related to building permit fees and community
appearance board applications which is scheduled to become effective on October 1, 2020; and
WHEREAS, the City Council finds that the COVID-19 Pandemic Emergency has had a
negative economic impact on the world economy including the residents and businesses of Cape
Canaveral, and as a measure of temporary economic relief, the City Council desires to modify the
effective date of the new fee schedule until after the local emergency declared by the City Council
has been terminated or as otherwise required by the City Council and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Resolution No. 2020-01 Modified. Resolution No. 2020-01, Section 6
Effective Date is hereby modified to read as follows:
This Resolution shall become effective at such time Emergency Resolution No. 2020-09 is
terminated or, at such time expressly required by separate resolution adopted by the City Council,
whichever occurs sooner.
Section 3. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council.
City of Cape Canaveral
Resolution No. 2020-24
Page 1 of 2
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting
duly assembled on the 15th day of September, 2020.
Bob Hoog, Mayor
ATTEST: For Against
Mike Brown
Robert Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
Mia Goforth, CMC
City Clerk
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2020-24
Page 2 of 2
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No. 7
Subject: Approve Piggyback Agreement for Professional Building Department Services with Joe
Payne, Inc., and authorize the Mayor to execute same.
Department: Community and Economic Development
Summary: One of the primary functions of the Community and Economic Development
Department is to provide Building Department services to its customers. These services include
review of submitted building permit applications to determine consistency with the Florida Building
Code as well as field inspections of construction work authorized by Department -issued building
permits.
An integral part of providing the aforementioned services is availability of a qualified Staff member
to perform the required reviews and inspections. City building inspectors and plans examiners must
possess a Standard Certification issued by the Florida Department of Business and Professional
Regulation, Building Code Administrators and Inspectors Board in one or more technical areas. The
City currently has one part-time plans examiner, one part-time building inspector and an unfilled,
full-time building inspector position that has been vacant for over one year. The City advertises
open positions on the City Website and through the assistance of Career Source Brevard, where the
job advertisement is distributed to several employment search engines that include: Indeed, Employ
Florida, Linked in, Gvtjobs.com and others. The City Human Resources Director actively monitors
salary ranges in Brevard County, the State of Florida, and the United States to ensure that our wages
are competitive in order to attract potential candidates. Numerous applications have been received;
however, no one with the required certification has applied. This has resulted in the City Building
Official having to assume inspection and plan review duties that take him away from administering
day-to-day operations. This is not a sustainable model moving forward.
For this reason, the City reached out to several professional building department service providers
to determine cost, terms and employee availability. The Building Official, Community & Economic
Development Director and City Manager met with representatives of two firms that provide such
services in Brevard County: Joe Payne, Inc. (JPI) and Universal Engineering Sciences, LLC (UES). Both
firms are able to provide acceptable terms as well as qualified employees; however, JPI is proposing
an hourly rate of $69.50, while UES is proposing an hourly rate of $125.00.
In accordance with authority granted by Chapter 287, F.S., City purchasing policies and procedures
allow for piggybacking of contracts on an existing government contract, and the City may utilize a
competitive Bid or RFP solicited by Brevard County if it is deemed to be in the best interest of the
public. It is proposed that the City "piggyback" on the Brevard County Agreement (original contract)
with Joe Payne, Inc. (JPI) for Professional Building Department Services (Exhibit "A" to Attachment).
All terms and conditions of the original contract are fully binding and include building inspection
and plans examination services on a daily or as -needed basis. JPI employees hold standard
certification in accordance with Florida Statutes Chapter 468, to include Building, Mechanical,
Electrical, Plumbing, and One and Two Family disciplines, or must be a Florida Registered Engineer
or Architect. Inspectors will provide the necessary tools, equipment, cell phone and vehicle to
perform inspection services.
City of Cape Canaveral
City Council Meeting — September 15, 2020
Agenda Item No. 7
Page 2 of 2
The Contract establishes an hourly rate of $69.50 per hour with no minimum daily/weekly/monthly
billing requirement. Contracted services will be provided by existing JPI employees in the Brevard
County area. JPI will not charge for travel time or expenses to and from the City and will maintain
General Liability, Workers' Compensation and Auto Liability insurance policies for all services
provided. All will name the City as an additional insured.
The City reserves the right to purchase similar goods or services that are the subject of this Contract
from any alternative vendor during the term of the Contract. Furthermore, the City and JPI have
agreed to modify certain technical provisions of the original contract, as follows:
a) The term of the Contract shall be effective from the date that the last party approves and
executes this Contract and shall expire on September 30, 2021 unless the term is extended
by mutual written agreement.
b) There shall be no arbitration with respect to any dispute between the parties of the Contract.
Dispute resolution shall be through voluntary and non -binding mediation, negotiation or
litigation in a Brevard County Court.
Funding of this Contract will be taken from the Building Division personal services. Should the City,
in the future, hire a qualified building inspector/plans examiner, contracted services will be adjusted
accordingly.
Submitting Department Director: David Dickey Date: 09/08/2020
Attachment:
City of Cape Canaveral Piggyback Contract (w/Exhibit "A" — Brevard/JPI Agreement)
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 09/04/2020
The City Manager recommends the City Council take the following actions:
Approve Piggyback Agreement for Professional Building Department Services with Joe Payne, Inc.,
and authorize the Mayor to execute same.
Approved by City Manager: Todd Morley Date: 09/08/2020
CITY OF CAPE CANAVERAL PIGGYBACK CONTRACT
(Professional Building Department Services)
The City of Cape Canaveral, a Florida Municipal Corporation ("City"), enters into
this "Piggyback" Contract with Joe Payne, Inc., a Florida corporation (hereinafter referred
to as the "Vendor"), a business having a primary location at 9629 Gretna Green Drive,
Tampa, Florida, under the terms and conditions hereinafter provided. The City and the
Vendor agree as follows:
1. The City of Cape Canaveral purchasing policies and procedures allow for
"piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an
existing government contract, and there is no need to obtain formal or informal
quotations, proposals or bids. The parties agree that the Vendor has entered a contract
with Brevard County, said contract being identified as Agreement for Professional Building
Department Services (said original contract being referred to as the "original government
contract").
2. The original government contract is incorporated herein by reference and is
attached as Exhibit "A" to this Contract. All of the terms and conditions set out in the
original government contract (Exhibit "A") are fully binding on the parties and said terms
and conditions are incorporated herein.
3. Notwithstanding the requirement that the original government contract is
fully binding on the parties, the parties have agreed to modify certain technical provisions
1
of the original government contract as applied to this Contract between the Vendor and
the City, as follows:
a) Time Period ("Term") of the Contract shall be effective from the date
that the last party approves and executes this Contract and shall
expire on September 30, 2021 unless the term is extended by mutual
written agreement of the parties.
b) Notwithstanding the address and contact information for the
government entity as set out in Section 9.0 Notices of Exhibit "A," the
Vendor agrees to send official notices and invoices to the City of
Cape Canaveral, attention of City Manager, Todd Morley, at 100 Polk
Avenue, Cape Canaveral, Florida 32920, telephone number (321)
868-1220 x218, and email t.morley@cityofcapecanaveral.org. The
City may change this notice at any time by written notice to the
Vendor. On matters involving day-to-day work provided under this
Contract, the Vendor shall communicate directly with the City's
Community and Economic Development Department and
Building Official responsible for overseeing the work.
c) Notwithstanding the custodian of public records contact information
contained in Section 10.10 Public Records of Exhibit "A," IF VENDOR
HAS ANY QUESTIONS REGARDING THE APPLICATION OF
2
CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT (321) 868-1220
x207, CITYCLERK@CITYOFCAPECANAVERAL.ORG, 100 POLK
AVENUE, CAPE CANAVERAL, FLORIDA 32920.
d) Notwithstanding any other provision in Exhibit "A" to the contrary,
there shall be no arbitration with respect to any dispute between the
parties arising out of this Contract. Dispute resolution shall be
through voluntary and non -binding mediation, negotiation or
litigation in the Court of appropriate jurisdiction in Brevard County,
Florida, with the parties bearing the costs of their own legal fees and
related costs with respect to any dispute resolution, including
litigation.
e) All other provisions in the original government contract (Exhibit "A")
are fully binding on the parties and will represent the agreement
between the City and the Vendor.
4. This Contract is not a requirements agreement nor is it an exclusive
agreement. Accordingly, the City reserves the right to purchase the goods or services
that are the subject hereof from any alternative vendor during the contract term,
regardless of contrary language in the underlying contract that is being
3
piggybacked.
IN WITNESS WHEREOF, the parties have hereunto each set their hands and seals
on the day and year written below.
JOE PAYNE, INC.
By:
Title:
Date:
CITY OF CAPE CANAVERAL
By: Bob Hoog, Mayor
Date:
Attested by:
Mia Goforth, City Clerk
Approved as to form and legal sufficiency
For the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
4
Exhibit "A"
AGREEMENT FOR
PROFESSIONAL BUILDING DEPARTMENT SERVICES
THIS AGREEMENT, made this 1st day of October, 2018, by and between the Board of
County Commissioners of Brevard County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County") and, Joe Payne, Inc., (hereinafter
referred to as "JPI") a business having its primary location at 9629 Gretna Green Drive,
Tampa, Florida and sets forth the specific terms and conditions under which JPI shall
supply services to the County.
WHEREAS, the County seeks to obtain Professional Building Department Services for
building inspection and plans review, and
WHEREAS, the County initiated an invitation to bid for building inspection and plans
examination services in accordance with County competitive bidding policies and
procedures.
WHEREAS, on September 21, 2018 a Notice of Award for BID # B-1-18-85 was issued
with the bid awarded to JPI.
WHEREAS, the provisions of such services shall mutually benefit the parties hereto and
the residents of Brevard County, Florida.
NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually
agreed upon by the parties as follows:
1.0 TERMINOLOGY
As used in this Agreement, the terms listed below are defined as follows:
Authorized Representative: "Authorized Representative" is a representative
authorized by the County to provide JPI with a clear understanding of the project
nature and scope.
Professional Building Department Services: "Professional Building
Department Services" include, but shall not be limited to, the inspection of
building construction projects permitted by the County for compliance with the
Florida Building Code, and the review of permit documents and construction
plans, drawings, and specifications for compliance with the Florida Building Code
and applicable related regulations, laws and rules and the crafting of written
comments regarding any deficiencies found during said plans examinations.
JP
Page 1 of 8
2.0 SCOPE OF SERVICES
2.1 GENERAL DESCRIPTION
The scope of services include: Building Inspection and Permit Plan Review
Services for enforcement of the Florida Building Code and applicable related
regulations, law and rules on a daily or as needed basis as determined by the
County. Such services shall be provided at an hourly rate per the terms of this
Agreement. JPI employees providing inspection or plans examination services
shall hold standard certification in the inspection or plan examiner disciplines
required to perform said services in accordance with Florida Statutes Chapter
468, to include Building, Mechanical, Electrical, Plumbing, and One and Two
Family disciplines, or must be a Florida Registered Engineer or Architect..
Inspectors will provide technical field inspections of buildings, equipment, and
installations during various phases of construction, and grant inspection
approvals if found in compliance with Florida Building Code regulations and
approved permit documents, and provide written comments if found not in
compliance. Plan reviewers will examine permit documents and construction
plans for compliance with Florida Building Codes and related regulations, laws
and rules and grant approvals if found in compliance with said building codes and
regulations, and provide written comments if found not incompliance. Inspectors
shall have the necessary tools, equipment, cell phone, and vehicle to perform
inspection services.
2.2 RESPONSIBILITIES
2.2.1 JPI RESPONSIBILITIES
1. JPI has the responsibility for providing the services described under the "Scope
of Services" section. The work is to be performed in accordance with accepted
standards of care and is to be completed in a timely manner.
2. JPI's employees shall be fully insured and have the necessary certifications,
tools, equipment, cell phone, and vehicle to provide technical field inspections of
buildings, structures, equipment and installations during various stages of
construction for determination of compliance with the Florida Building Code and
applicable related regulations, laws and rules.
3. JPI's employees performing plans examination services shall review permit
documents and construction plans, drawings, and specifications for compliance
with the Florida Building Code and applicable related regulations, laws and rules
and make written comments of any deficiencies found during said plans
examinations. Said permit plans examination shall be completed and the review
results communicated to the County within seven (7) calendar days of receipt of
the permit documents, plans and drawings from the County.
Page 2 of 8
JP
2.2.2 COUNTY RESPONSIBILITIES
1. The County is responsible for providing JPI's inspection employees with a list of
inspections to be performed each day that inspection services are required.
2. The County shall supply JPI with sufficient and adequate information, including,
but not limited to, maps, site plans, reports, surveys and designs, to allow JPI to
properly complete the specified services.
3. The County shall provide JPI the permit documents, plans, drawings, surveys for
permit plans examination services.
2.3 STANDARD OF CARE
Services performed by JPI under this Agreement are expected by the County to
be conducted in a manner consistent with the level of care and skill ordinarily
exercised by members of JPI' profession practicing contemporaneously under
similar conditions in the locality of the project. No other warranty, express or
implied, is made.
3.0 OWNERSHIP OF DOCUMENTS
All reports, field data, field notes and other documents prepared by JPI, as
instruments of service, shall remain the property of the County.
4.0 TERM
The term of this Agreement shall begin October 1, 2018 and continue through
September 30, 2021. This Agreement is renewable for additional one-year
terms upon written agreement by the County and JPI.
5.0 TERMINATION
This Agreement may be terminated by either party upon seven (7) days written
notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof. Such termination shall not be effective if that
substantial failure has been remedied before expiration of the period specified in
the written notice.
Page 3 of 8
JP
The County shall have the right at any time to terminate service, with or without
cause, upon thirty (30) days written notice. JPI shall only be entitled to payment
for the services rendered to the date of termination.
6.0 BILLING AND PAYMENTS
JPI will submit monthly invoices to the County upon completion of services.
Invoices will show charges for different personnel and expense classifications.
The County shall pay JPI for services provided under this Agreement. The
County reserves the right to deduct from any contractor invoice an amount for
defective or nonconforming work, or for work not provided but invoiced. The
County shall remit payment in accordance with the Florida Prompt Payment Act,
Florida Statutes Section 218.70, et seq. (2018).
6.1 PRICE
JPI will provide building inspection and plans examination services as described
in this Agreement at an hourly rate of sixty nine dollars and fifty cents ($69.50)
per hour or at a daily rate of five hundred fifty six dollars and 0 cents ($556.00)
per day.
6.2 TRAVEL REIMBERSEMENT
JPI agrees to charge zero dollars ($0.00) for travel time and expense of JPI's
employees for travel to and from Brevard County to perform the services as
described in this Agreement.
7.0 INDEMNIFICATION
JPI shall indemnify and hold harmless the County and its agents and employees
from and against all claims, damages, losses, and expenses, including attomey's
fees arising out of or resulting from the performance of its work under this
Agreement, where such claim, damage, loss, or expense is caused, in whole or
in part, by the act or omission of JPI, or anyone directly or indirectly employed
by JPI, or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified thereunder. In any and
all claims against the County, or any of its agents or anyone directly or indirectly
employed by JPI, or anyone for whose acts any of them may be liable, the
indemnification obligation under this paragraph shall not be limited in any way by
a limitation on the amount or types of damages, compensation or benefits
payable by or for JPI, under workers' compensation acts, or other related policies
of insurance. The parties acknowledge specific consideration has been
exchanged for this provision.
Page 4 of 8
JP
In no way does any clause in this document constitute a waiver of the County's
rights pursuant to Section 768.28, Florida Statutes
8.0 INSURANCE
JPI, at its own expense, shall keep in force and at all times maintain the following
policies of insurance during the term of this Agreement:
a. General Liability Insurance: General Liability Insurance issued by
responsible insurance companies in a form acceptable to the County, with
combined single limits of not less than One Million Dollars ($1,000,000) for
Professional Liability, Personal Injury, Bodily Injury and Property Damage
per occurrence.
b. Workers' Compensation Coverage: Full and complete Workers'
Compensation Coverage, as required by State of Florida law, shall be
provided.
c. Auto Liability insurance for owned, non -owned, hired/borrowed vehicles in
an amount not Tess than One Million Dollars ($1,000,000) combined single
limits for Bodily Injury and Property Damage per accident.
JPI shall provide the County with Certificate(s) of Insurance on all the policies of
insurance and renewals thereof in a form(s) acceptable to the County. Said
Liability Policies shall provide that the County is an additional insured. The
County shall be notified in writing of any reduction, cancellation or substantial
change of policy or policies at least thirty (30) days prior to the effective date of
said action. All insurance policies shall be issued by responsible companies who
are acceptable to the County and licensed and authorized under the laws of the
State of Florida. Certificate(s) of Insurance must be provided to the County within
ten (10) days of the execution of the Agreement.
9.0 NOTICES
All notices or requests and demands hereunder shall be in writing, and shall be
deemed delivered to the appropriate party upon: (a) personal delivery, if
delivered by hand during ordinary business hours; (b) the day of delivery if sent
by U.S. Mail, postage pre -paid; (c) the day of signed receipt if sent by certified
mail, postage pre -paid, or other nationally recognized carrier, retum receipt or
signature provided and in each case addressed to the parties as follows:
As to JPI:
Page 5 of 8
JP
Joe Payne c/o
Joe Payne, Inc.
9629 Gretna Green Drive
Tampa, Florida 33626
As to County:
Michael McCaughin, Chief Building Official (or current building official)
2725 Judge Fran Jamieson Way, Building A, Room A-114
Viera, Florida 32940
10.0 GENERAL TERMS
10.1 COMPLETE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the parties.
No other agreements, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind either party hereto.
10.2 MODIFICATION TO AGREEMENT
This Agreement and any exhibits/attachments, task assignments and schedules
may only be amended, supplemented or cancelled by a written instrument duly
executed by the parties hereto.
10.3 ATTORNEYS' FEES
In the event of any legal action to enforce the terms of this Agreement each party
shall bear its own attomey's fees and costs.
10.4 GOVERNING LAW
This Agreement shall be govemed, interpreted and construed according to the
laws of the State of Florida.
10.5 COMPLIANCE WITH STATUTES
It shall be JPI's responsibility to be aware of and comply with all federal, state
and local laws.
10.6 SEVERABILITY
In the event any provision of the Agreement is declared or determined to be
unlawful, invalid or unconstitutional, such declaration shall not affect, in any
Page 6 of 8
JP
manner, the legality of the remaining provisions of the Agreement. Each
provision of the Agreement is deemed to be separate and severable from each
other provision.
10.7 VENUE
Venue for any legal action by any party to this Agreement to interpret, construe
or enforce this Agreement shall be in a court of competent jurisdiction in and for
Brevard County, Florida and any trial shall be non -jury.
10.8 ASSIGNMENTS
Neither the County nor JPI shall assign, delegate, sublet, or transfer his duties or
interests in this Agreement without the written permission of the other party.
10.9 NON -WAIVER
Any failure of the County to insist upon strict performance of any terms of this
Agreement or to exercise any rights conferred by this Agreement shall not be
construed by JPI as a waiver of the County's right to assert or rely on any such
terms or rights on any future occasion or as a waiver of any other terms or rights.
10.10 PUBLIC RECORDS LAW
Both parties understand that the County is subject to the Florida Public Records
Law, Chapter 119, Florida Statutes and all other applicable Florida Statutes. If
the materials provided by JPI do not fall under a specific exemption, under
Florida or federal law, materials related to this Agreement would have to be
provided to anyone making a public records request. It is JPI's duty to identify the
information it deems is exempt under Florida/federal law and identify the statute
by number that exempts said information.
Should any person or entity make a public request of the County which requires
or would require the County to allow inspection or provide copies of records
which JPI maintains are exempt from Public Records Law or are confidential, it
shall be JPI's obligation to provide the County within 24 hours (not including
weekends and legal holidays), of notification by the County to JPI of the request,
of the specific exemption or confidentiality provision so the County will able to
comply with the requirements of Chapter 119, Florida Statutes. Should the
County face any kind of legal action to require or enforce inspection or production
of any records provided by JPI to the County which JPI maintains are exempt or
confidential from such inspection/production as a public record, then JPI shall
hire and compensate attomey(s) who shall represent the interest of the County
Page 7 of 8
JP
as well as JPI in defending such action. JPI shall also pay any costs to defend
such action and shall pay any costs and attomey's fees, which may be awarded
pursuant to Fla. Stat. 119.12. IF JPI HAS ANY QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT (321) 633-2069, Bessie.Grivas-
Pereno@brevardfl.gov, 2725 Judge Fran Jamieson Way, Room
A114, Viera, FL 32940.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the
day and year first above written.
Joe Payne, Inc. (JPI)
Payne, PE, MBA
Joseph Payne
Print Name
9/26/18
Date
ATTEST:
Amy Paige Perry
Signature
Amy Paige Perry, Notary Public
Name & Tile, Typed or Printed
State of Florida
County of Brevard
(Signature of Affiant)
Sworn to (or affirmed) and subscribed before me
this 20th day September, 2018.
by Joseph Payne (Name of Affiant)
Amy Paige Perry Notary Public-State of Florida
(Name of Notary Public)
Personally Known or Produced identification X
Type of identification Produced FL Driv. Li
Board of County Commissioners
of Brevard County, Florida
Rita Pritchett, Chair
9/27/18
Date
ATTEST:
Scott Ellis, Clerk
Amy Paige Perry
My Commission Expires
December 15, 2018
Commission No. GG 74214
Page 8 of 8
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No. 8
Subject: Appoint City Planner Brenda Defoe-Surprenant as the City's voting representative on the
Space Coast Transportation Planning Organization's Technical Advisory Committee for the
remainder of 2020.
Department: City Clerk's Office
Summary: The Space Coast Transportation Planning Organization (SCTPO) is a metropolitan
planning organization established under §339.175, Florida Statutes, to coordinate transportation
planning and finance throughout Brevard County. The SCTPO includes a Technical Advisory
Committee (TAC) that reviews the work progress and evaluates the technical acceptability of plans
and studies. The TAC consists of technically -qualified representatives of agencies responsible for
planning and development, and makes recommendations, with supporting technical information,
to the SCTPO Governing Board to assist with policy -making decisions.
The City of Cape Canaveral has one voting representative position on the TAC, currently held by
City Manager Todd Morley. With Mr. Morley having been appointed as the City's administrative
head, City Planner Brenda Defoe-Surprenant has been assigned to assume the responsibility as the
City's TAC voting representative for the remainder of 2020.
Reappointments to SCTPO Committees for the 2021 calendar year will be presented for City Council
consideration/action at the December Regular Meeting.
It is now incumbent upon City Council to appoint a qualified Staff member as voting representative
to the SCTPO's TAC to fill the remainder of City Manager Morley's term.
Submitting Department Director: Mia Goforth Date: 09/04/2020
Attachment:
Draft Letter to SCTPO RE: TAC Appointment
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 09/02/2020
The City Manager recommends the City Council take the following action:
Appoint City Planner Brenda Defoe-Surprenant as the City's voting representative on the SCTPO's
TAC for the remainder of 2020.
Approved by City Manager: Todd Morley Date: 09/04/2020
City of Cape Canaveral
DRAFT
September 16, 2020
Sarah Kraum
Multi -Modal Program Specialist
Space Coast Transportation Planning Organization
2725 Judge Fran Jamieson Way, Building B,
Melbourne FL 32940
RE: Space Coast TPO — TAC Member
Dear Ms. Kraum:
At its Regular Meeting of September 15, 2020, the Cape Canaveral City Council voted to appoint
to serve the rest of City Manager Todd Morley's 2020 term on
the Space Coast TPO Technical Advisory Committee.
Space Coast TPO Board/Committee appointments for Calendar Year 2021 will be undertaken at
our December 15, 2020 Regular City Council Meeting.
Please contact our office when TAC membership is approved.
Thank you,
Mia Goforth,
City Clerk
DRAFT
THE
SPACE
BETWEEN
100 Polk Avenue — P.O. Box 326 • Cape Canaveral, FL 32920
(321) 868-1220 • Fax (321) 868-1248
Visit us at www.cityofcapecanaveral.org • info@cityofcapecanaveral.org • #TheSpaceBetween
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No. 9
Subject: Approve Construction Manager At Risk (CMAR) Construction Agreement for the
construction of site and building improvements for the City of Cape Canaveral Multi -
Generational Facility (MGF) and remodel of the former City Hall building to become the City of
Cape Canaveral Culture, Arts, Preservation + Enrichment (CAPE) Center to W+J Construction
Corp., in the amount of $7,998,193 and authorize City Manager and City Attorney to complete
the agreement with the Contractor and execute the Agreement on the City's behalf.
Departments: Leisure Services and Cultural + Community Affairs
Summary:
Project History and Funding Timeline. A Multi -Generational Facility (MGF) has been a topic
of City conversation for decades. As presented herein, the concept for this Project kicked off at
the May 16, 2017 Regular Meeting with City Council approving a conceptual Master Plan of a
redeveloped Canaveral City Park (Attachment 1). In that depiction, a MGF, new exterior
restrooms, Splash Pad, Skate Park, new playground, synthetic turf area with shade shelters,
improved connectivity and parking were included at an approximate engineer's estimate cost
of just under $10,000,000 (Attachment 1).
The FY 17/18 Strategic Planning Retreat included moving forward with design/construction of
both Capital Projects. An approximate cost of $9,000,000+ was identified for the redevelopment
of Canaveral City Park and $1.2 million for the renovation of the CAPE Center (Attachment 2).
On July 18, 2017, City Council adopted Ordinance No. 07-2017, a $6,200,000
Capital Improvement Revenue Note. This was to provide a future loan (Resolution No.
2018-16) to the City's Community Redevelopment Area to support a first phase of the
Canaveral City Park Redevelopment and the CAPE Center. See bolded items, below,
excerpted from the FY 17/18 budget:
The FY 17/18 adopted budget included the following estimated costs:
FY
Canaveral City Park
CAPE Center
17/18
$400k for design & permitting
18/19
$4.6M for facility construction
$85K for design
19/20
$3.5M for skate park, splash pad,
playground expansion and site amenities.
$1 M for facility construction
20/21
$115K for exterior parking, tie-in to
plaza and exterior amenities.
Total
$8.5M
$1.2M
These five tasks comprise the initial scope of work for both projects. On November 16, 2017,
Request For Qualifications (RFQ) #2017-01 was publicly advertised requesting firms submit
Statements Of Qualifications (SOQs) for the provision of architectural services, civil/structural
engineering, surveying and other miscellaneous site design and consulting services for the two
Capital Projects. The selection process took four months to complete.
City of Cape Canaveral
City Council Meeting — September 15, 2020
Agenda Item No. 9
Page 2 of 4
In order to accommodate the height of a proper two story recreation building, City Council
approved Ordinance No. 01-2018 on January 18, 2018 amending Section 110-296 of the Land
Development Code to increase the maximum height for public or recreational buildings and
structures located on properties with a Future Land Use designation of Public/Recreation to 35
Feet. This allowed for the design of the MGF at 35 feet maximum height.
On March 20, 2018, City Council approved a design proposal in the amount of $335,740 to
Architects RZK, Inc. (RZK) for Architectural and Engineering Services related to:
• Master Plan Canaveral City Park to include the construction of a 20,000 sq. ft. MGF and
necessary site improvements, to include a provision for a future Splash Pad and an area
for a future Skate Park, and
• Design the redevelopment of the CAPE Center.
On May 15, 2018, City Council reaffirmed its commitment to move forward with construction
of the MGF and CAPE Center as part of the top priorities derived from the FY18/19 Strategic
Planning Retreat.
On September 18, 2018, City Council approved Resolution No. 2018-16 authorizing the 10-year,
$6.2M loan from the City to the CRA for Phase 1 of the MGF and renovations for the CAPE
Center.
On November 19, 2019, City Council approved the addition of one task to the initial scope of
work, authorizing RZK to include solar energy at both the MGF and CAPE Center facilities,
thereby amending the initial capital outlay by an additional $190,000.
Construction Firm Selection Process. On March 2, 2020 the City issued RFQ #2020-01 to
construction contractors to provide construction management services and construction of all
site and building improvements for the new Multi -Generational Facility (MGF) and remodel of
the former City Hall which will become the CAPE Center. The RFQ was advertised on February
27, 2020 by (1) posting a legal ad in the Florida Today newspaper, (2) placing a notice on the
City webpage, (3) submitting bid information to Onvia, Inc., the bid service (DemandStar), and
(4) contacting a list of vendors who have requested notifications of available opportunities with
the City. The initial RFQ submittal deadline of March 23, 2020 was extended to April 20, 2020
due to the COVID-19 Pandemic. The City received submittal packages from five (5) Construction
Manager At Risk (CMAR) firms.
A Selection Committee, comprised of the City Manager, Capital Projects Director, Public Works
Services Director, Leisure Services Director, Cultural + Community Affairs Director and the lead
design architect from RZK, met on May 15, 2020 to discuss, review and rank the submittals to
determine a shortlist of three (3) firms and subsequently invited each of the top three (3) firms
to make a presentation to the Selection Committee. On June 10, 2020, the three (3) top ranked
firms made presentations. The Selection Committee subsequently discussed, reviewed and
ranked the firms based on:
• Proposed Participants (describe their roles, identify experience with similar projects).
• Cost Controls (process of managing construction costs during all phases, provide
sample itemized preliminary cost estimate).
City of Cape Canaveral
City Council Meeting — September 15, 2020
Agenda Item No. 9
Page 3 of 4
• Information Management (process to keep team informed, identifying what information
is managed).
• Scheduling and Management (estimated project duration, process for managing the
schedule and managing delays).
• Quality Control (process for ensuring City is delivered a high quality project).
• Site Utilization (area needed, special circumstances, delivery routes, maintaining a safe
site for local residents).
• Warranty Management (process for managing warranty items).
The Selection Committee unanimously selected W+J Construction Corp. (W+J) as the top
ranked firm (Attachment 3) The Selection Committee, along with the Administrative/Financial
Services Director, commenced contract negotiations with W+J on June 17, 2020 to review the
preliminary estimated budget figure of $8,944,536 and look for ways to value engineer (VE)
specific items in an attempt to meet the City's budget for both projects. Staff and the design
architect held VE negotiation meetings with W+J two additional times (July 22, 2020 and August
14, 2020).
W+J has presented a CMAR Agreement with a Guaranteed Maximum Price (GMP) for both
projects of $7,998,193, including a $190,000 allowance for solar roof panels at both buildings,
pump house and underground utilities for the future splash pad.
Project Funding. After deducting committed architectural design fees of $335,740 (RZK) from
the initial loan proceeds of $6,200,000, $5,864,260 remains. City Council has authorized the
expenditure of an additional $190,000 for solar roof panels, bringing the budgeted/authorized
expense amount to $6,054,260. The GMP presented by W+J exceeds this amount by $1,943,933.
In order to complete the scope of work in RFQ 2020-01, the projects can be constructed and
funded over two fiscal years, without incurring additional debt, as follows:
FY 20/21
Canaveral City Park Phase I
redevelopment
• CRA $6,300,000
• General Fund $450,000
• Storm Water Fund $65,000
Total FY 20/21 $6,815,000
FY 21/22
CAPE Center
• CRA $975,000
• General Fund $143,193
• Storm Water Fund $65,000
Total FY 21/22 $1,183,193
Total
$7,998,193
Contract documents are currently being completed by the City Attorney, Staff and RZK. If
Council approves this Agenda Item, the City Manager and City Attorney will complete the
Agreement consistent with Council's direction and present it to the Contractor for
consideration. Upon acceptance by the Contractor, the City Manager and City Attorney (as to
form and legal sufficiency) will execute the Agreement on behalf of the City.
Submitting Department Gustavo Vergara
Directors: + Molly Thomas Date: 09/08/2020
City of Cape Canaveral
City Council Meeting — September 15, 2020
Agenda Item No. 9
Page 4 of 4
Attachments:
#1 — May 16, 2017 Agenda Cover and original design renderings
#2 — FY 17/18 Strategic Planning Minutes
#3 — W+J Construction Presentation
Financial Impact: Construction of the Canaveral City Park Phase I Redevelopment to include
the Multi -Generational Facility, the Culture, Arts, Preservation + Enrichment (CAPE) Center and
associated site work for both projects for $7,998,193; $6,815,000 during FY 20/21 with the
remainder $1,183,193 during FY 21/22.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 09/08/2020
The City Manager recommends that City Council take the following action: Approve
Construction Manager At Risk (CMAR) Construction Agreement for the construction of site and
building improvements for the City of Cape Canaveral Multi -Generational Facility (MGF) and
remodel of the former City Hall building to become the City of Cape Canaveral Culture, Arts,
Preservation + Enrichment (CAPE) Center to W+J Construction Corp., in the amount of
$7,998,193 and authorize City Manager and City Attorney to complete the agreement with the
Contractor and execute the Agreement on the City's behalf.
Approved by City Manager: Todd Morley Date: 09/08/2020
Attachment 1
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 5/16/2017
Item No. 3
Subject: City Council approve Canaveral City Park Master Plan as completed by Kimley-Horn
& Associates, Inc.
Department: Public Works Services/Culture & Leisure Services
Summary: In April 2016, Staff submitted a grant application to the Florida Department of
Economic Opportunity (DEO) for a Community Planning Technical Assistance Grant for (1)
preparing a Master Plan for Canaveral City Park (Park) and (2) creating a City-wide Mobility
Master Plan. The purpose of the Canaveral City Park Master Plan (Master Plan) was to include
the community in the process of selecting amenities that would most serve them and their needs.
The major goals of the Master Plan were to: (1) address the needs of the community by
redeveloping an underutilized facility, (2) increase mobility/connectivity within the Park, (3)
promote physical activity/community health and welfare through proper Park design and (4)
explore a range of funding options for the necessary redevelopment.
Master Plan Process: As the initial task of the Master Plan development process, Staff
conducted a Needs and Deficiencies Survey (Survey) of area residents. The specific purpose of
the Survey was to assess not only mobility/recreation needs at the Park, but how well those
needs were being met by the City of Cape Canaveral (City). Results of the Survey were included
in a report submitted to DEO in February 2017 and were utilized in the development of this
Master Plan. A copy of the Needs and Deficiencies Report is included in the Dram Canaveral
City Park Master Plan presented as Attachment #1.
The next step in the process included obtaining public input through a Public Workshop on
recommended Park improvements. A Public Workshop was conducted by City Staff on
February 22, 2017 at the Nancy Hanson Recreation Complex to discuss Survey findings/
deficiencies and proposed amenities for the Park. Demographics at the Public Workshop ranged
from a five-year old to a senior citizen and included eighteen (18) participants despite heavy
rain that day. The Public Workshop was promoted via flyers posted at City facilities, an
announcement at a City Council Meeting, the City webpage and social media outlets.
Staff discussed Survey findings including the research methodology/results and outlined a list
of deficiencies along with proposed amenities for the Park. Attendees were very receptive to the
proposed changes and greatly appreciated increased mobility within and around the Park.
Attendees commented how the Park was underutilized because of current design/amenities
offered and the Park needed extensive improvement. Attendees were also very positive about
possible construction of a skate park, splash pad, improved playground equipment and a
Multigenerational Center. They felt these amenities would truly change the makeup of the
central portion of the City and greatly improve quality of life for area residents.
Comments received from Public Workshop attendees were for the City to include as much shade
as possible within the Park, explore the idea of exercise stations and design a splash pad to
include a "standing water" structure, if possible, within the design. Some of the teenagers and
parents in attendance commented on what a great project this would be for the City and were
very excited about the possibilities. Comments were documented and forwarded to the City's
design engineer, Kimley-Horn & Associates, Inc., to be included in the Master Plan.
City Council Meeting Date: 05/16/2017
Item No. 3
Page 2 of 3
Master Plan Elements: The Master Plan includes improved mobility within the Park and
defined entryway features along Monroe and Orange Avenues. The proposed pedway system
"ties together" the five -acre facility in all directions, thus making all amenities accessible for
individuals of all ages/abilities. The footprint for the proposed Multigenerational Center is the
current location of the basketball courts/Youth Center. The Multigenerational Center will be
two stories in height and should include amenities like a fitness/weight room area, indoor
walking/jogging track, a teen room/Police Athletic League area, indoor basketball/volleyball
courts and a small banquet area for community events/parties. Programmatically, it will also be
home for the City's Summer Camp program which is currently at full capacity. Extending.
eastward from the Multigenerational Center is the proposed location of a splash pad. Although
exact water features have not been chosen this early in the design process, the idea of a large
"water dumping feature" was strongly encouraged by Public Workshop attendees. The design
will also include sitting areas where spectators can enjoy cool breezes and light mist from the
convection created by this feature. It was decided that no ponding water would be part of this
amenity as such a feature would significantly increase construction, operating and maintenance
costs.
A modern skate park is proposed in the area of the currently underutilized softball field. Specific
features for the Park are yet to be determined, but considering the surf culture of the City, the
Park should include a mix of "bowl features" to capitalize on that demographic. Urban plaza
style features would also be included which serve the dual purpose of sitting/gathering places
for people of all ages to enjoy the Park. It was previously decided that expert skate features
would not be included in the Park as maximizing space for the largest beginner to intermediate
demographic would be the most advantageous. These Park amenities are proposed to be built
out of pre -cast concrete elements as this construction method eliminates the need for heavy
excavating and provides features that are created in a controlled environment. This construction
method is also ideal for the Park since the City maintains a stormwater exfiltration system
beneath the current softball field.
Two very unique proposed ideas for this Park are a series of rope course playground features
and an elevated synthetic grass area. The rope course elements are not only timeless play features
but unique in artistic design. They involve the use of both gross and fine motor skills to challenge
children in active play. The dirt used from excavation of the other Park elements would be used
to construct the elevated synthetic turf open area. Most turf areas in Brevard County are not
conducive for relaxation; therefore, this area would allow families to spread out blankets and
chairs and enjoy a view of Park activities. The existing playground would also be incorporated
into the Park with the addition of new swing set elements. A copy of the Canaveral City Park
Master Plan Overview is included as Attachment # 1. All of the proposed improvements for the
Park are shown on the Design Renderings included as Attachment #7.
Estimated Costs: The engineer's redevelopment construction cost estimate for this project is
just under S 10,000,000. City Staff will pursue grant opportunities through the State of Florida
and the Federal Government where applicable. Capital Financing will be the primary funding
source for this project.
Submitting Department Directors: Gustavo Vergara / Jeff Ratliff Date: 5/4/17
City Council Meeting Date: 05/16/2017
Item No. 3
Page 3 of 3
Attachments:
#1 — Canaveral City Park Master Plan
#2 - Canaveral City Park Needs and Deficiencies Report
#3 — Completed Surveys
#4 — Survey Results
#5 — Brain Storm Meeting Flyer
#6 — Community Input Meeting Agenda
#7 — Design Renderings
Financial Impact: Staff time/effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
Date 5/4/17
The City Manager recommends that City Council ta, the following action:
City Council approve Canaveral City Park Master Plan as completed by Kimley-Horn &
Associates, Inc.
Approved by City Manager: David L. Greene
Date: 5/4/17
Attachment 7
PARKING
ORANGE AVE
EXISTING FIELD TO REMAIN
COMMUNITY RECREATION FACILITY
RESTROOMS
PICK UP / DROP OFF
LOCATION
PARKING
ENTRY
PLAZA
MAGNOLIA AVE
SPLASH PAD AREA
PEDESTRIAN PROMENADE
SKATE PARK
DYNAMO ROPES STRUCTURE
ELEVATED LAWN
SYNTHETIC TURF
SHADE STRUCTURE
SEATING STEPS
PARKING
SKATE PARK
ENTRY
SKATE PARK "ADVANCED"
SKATE PARK "URBAN JUNGLE"
SKATE PARK "STREET SCAPE"
DYNAMO ROPES COURSE
SKATE PARK ENTRY
EXISTING PLAY EQUIPMENT
OPEN LAWN SPACE
HARRISON AVE
"ADVANCED"
OPEN LAWN SPACE
HARRISON AVE.
SITE PLAN
JANUARY 2017 • CONTACT: SCOTT MINGONET PLA, AICP (407) 427-1622
OVERAL PARK CONCEPT
CAPE CANAVERAL, FLORIDA
Kimley>»Horn
COMMUNITY RECREATION FACILITY
EXITING FIELD TO REMAIN
COVERED SEATING AREA
ORANGE AVE
ENTRY PLAZA
SPLASH PAD AREA
PEDESTRAIN PROMENADE
PICK UP/DROP OFF
LOCATION
ELEVATED LAWN SYNTHETIC TURF
SHADE STRUCTURE
SEATING STEPS
DYNAMO ROPES STRUCTURE
PARKING
SKATE PARK ENTRY
SKATE PARK ENTRY
EXSTING PLAY EQUIPMENT
MAGNOLIA AVE
SKATE PARK "ADVANCED"
SKATE PARK "URBAN JUNGLE"
SKATE PARK "STREET SCAPE"
SKATE PARK ENTRY
PEDESTRAIN PROMENADE
DYNAMO ROPES COURSE
OPEN LAWN SPACE
EXISTING PLAY EQUIPMENT
HARRISON AVE
SITE PLAN
JANUARY 2017 • CONTACT: SCOTT MINGONET PLA, AICP (407) 427-1622
CITY PARK
CAPE CANAVERAL, FLORIDA
Kimley >»Horn
PRECEDENT PHOTOS
JANUARY 2017 • CONTACT: SCOTT MINGONET PLA, AICP (407) 427-1622
CITY PARK
CAPE CANAVERAL, FL
Kimley >>) Horn
PRECEDENT PHOTOS
JANUARY 2017 • CONTACT: SCOTT MI NGONET PLA, AICP (407) 427-1622
CITY PARK
CAPE CANAVERAL, FL
Kimley>>>Horn
PRECEDENT PHOTOS
JANUARY 2017 • CONTACT: SCOTT MINGONET PLA, AICP (407) 427-1622
CITY PARK
CAPE CANAVERAL, FL
Kimley >> Horn
3D RENDERING
FEBRUARY 2017 • CONTACT: SCOTT MINGONET PLA, AICP (407) 427-1622
CITY PARK
CAPE CANAVERAL, FL
Kimley >>> Horn
SKATE PARK
CITY PARK
CAPE CANAVERAL, FL
SKATE PARK
FEBRUARY 2017 • CONTACT: SCOTT MINGONET PLA, AICP (407) 427-1622
Kimley »> Horn
SKATE PARK
FEBRUARY 2017 • CONTACT: SCOTT MINGONET PLA, AICP (407) 427-1622
CITY PARK
CAPE CANAVERAL, FL
Kimley »)Horn
SPLASH PAD
FEBRUARY 2017 • CONTACT: SCOTT MINGONET PLA, AICP (407) 427-1622
CITY PARK
CAPE CANAVERAL, FL
Kimley ))) Horn
CITY PARK
CAPE CANAVERAL, FL
ROPES STRUCTURE
FEBRUARY 2017 • CONTACT: SCOTT MINGONET PLA, AICP (407) 427-1622
Kimley »)Horn
CITY PARK
CAPE CANAVERAL, FL
ROPES COURSE
FEBRUARY 2017 • CONTACT: SCOTT MINGONET PLA, AICP (407) 427-1622
Kimley »)Horn
CITY PARK
CAPE CANAVERAL, FL
3D MODEL WITH AERIAL
FEBRUARY 2017 • CONTACT: SCOTT MI NGONET PLA, AICP (407) 427-1622
Kimley »> Horn
Attachment 2
CAPE CANAVERAL CITY COUNCIL
STRATEGIC PLANNING RETREAT
TO SET FISCAL YEAR 2017/2018 GOALS
Radisson Resort at the Port
8701 Astronaut Boulevard, Cape Canaveral, Florida 32920
Wednesday
March 29, 2017
10:00 AM — 3:00 PM
MINUTES
Facilitator Dr. Tom D. Freijo opened the Retreat at 9:58 A.M.
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Mayor Pro Tem Brendan McMillin
Council Member Betty Walsh
Council Member Rocky Randels
City Staff Present:
City Manager David L. Greene
City Attorney Anthony Garganese (10:31 A.M.)
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Building Official Michael German
Capital Projects Director Jeff Ratliff
City Manager's Executive Assistant Kim McIntire
Community Development Director David Dickey
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Cultural Programs Manager Molly Thomas
Culture and Leisure Services Director Gustavo Vergara
Deputy City Clerk Daniel LeFever
Economic Development Director Todd Morley
Human Resources/Risk Management Director Jane Ross
Public Works Services Director Ralph Lotspeich
WELCOME/INTRODUCTIONS/AGENDA REVIEW: Facilitator Dr. Tom Freijo welcomed
everyone followed by a brief set of remarks detailing ground rules and structure of the Retreat, his
role in following the Agenda and Council's role representing the People.
STRATEGIC PLANNING PROCESS REVIEW: Dr. Freijo explained the cyclical nature of
the strategic planning process and the necessity for it to be continuous with frequent updates on
goals. City Manager Greene presented an overview of proposed goals to be discussed and the status
of 2016/2017 Goals and Objectives from last year's Strategic Planning Retreat. Discussion
City of Cape Canaveral, Florida
City Council Strategic Planning Retreat
To Set Fiscal Year 2017/2018 Goals
March 29, 2017
Page 2 of 4
included proposed streetscape projects, arts/culture displays in the City, use of the old City Hall
building, visioning of buildings along A1A, Cherie Down Park negotiations, concept of paid -
parking with free parking permits for City residents to generate revenue from visitors and tourists,
current status of the Oak Lane improvement project, continued stormwater and water quality
improvements for the Banana River Lagoon, possible disposal of reclaimed water through the
recently -completed Canaveral City Park exfiltration system, other areas in the City that could be
acquired and/or used for similar stormwater projects, a desired "sense of place" along A1A, lack
of forward movement for a "complete streets" project to make A1A safer for pedestrians/cyclists,
City Branding, wayfinding signs, recently passed/proposed legislation at both Federal and State
levels that could negatively impact City improvement projects, a narrow "now or never" window
for initiating City improvement projects and praise for Staff's progress/completion of projects
despite difficulties with outside agencies.
SWOT ANALYSIS: Dr. Freijo briefly discussed the Strengths, Weaknesses, Opportunities and
Threats facing the City and asked if Council had any questions. Discussion of Threats ensued and
included individuals diverting Staff time/City resources away from serving the rest of the City
residents, unfunded State/Federal mandates with short timeframes to respond and
miscommunication between the City and residents.
GOALS IDENTIFICATION: Dr. Freijo discussed personalities/styles of city managers, the
relationship between a legislative body and an executive officer and where Council wishes to see
the City in the next year and beyond. Discussion ensued and included the strong position of the
City due to years of infrastructure improvements, City Manager Greene's total commitment to
proposed projects, if approved by Council, to include no salary increase for the remainder of his
time with the City, necessary to raise ad valorem millage rates if Community Redevelopment
Areas (CRAs) are eliminated by County/State legislature, the City can maintain its status as having
the third -lowest millage rate in the County even with an increased millage rate, anticipated rise in
property values will not generate enough revenue at the current rate, additional sources of
funding/grants and Staff's ability to complete any and all approved projects within five years.
Canaveral City Park Redevelopment: Staff presented a project which includes a large, two-story
multipurpose, multigenerational facility that would house a Youth Center, Police Athletic League
programs and various athletic activities/community-oriented events, as well as a "splash pad",
skate park and rope -climbing course. Discussion ensued and included the positive effect on
"quality of life" in the City, creating a "destination"/"wow factor", estimated cost of $9+ million,
City maintenance/Staffing costs/flexibility, summer camps and budgeting for long-term repair
costs.
Cultural Arts Preservation and Engagement (CAPE) Center: Staff presented a proposal which
renovates/repurposes the old City Hall at an estimate of $1.2 million. Discussion included
promoting art and the City's history in the community, whimsical/artistic architecture designed to
be iconic/pique interest, grab attention/draw people in, outdoor displays and activities such as the
existing Farmers Market, art classes, use of existing structure/square footage, future community
City of Cape Canaveral, Florida
City Council Strategic Planning Retreat
To Set Fiscal Year 2017/2018 Goals
March 29, 2017
Page 3 of 4
art projects such as murals and mid-century modern architectural design tying into the era when
the City was first incorporated.
Inspiration Park: Staff presented a plan to take possession of a dilapidated property on Polk Avenue
that is being foreclosed upon due to unpaid code enforcement liens and would be
demolished/replaced with a public park. Discussion included City Visioning for bikeable,
walkable, pedestrian -friendly areas, feeding off the energy of other proposed projects on Polk
Avenue, estimated cost of $1.7 million and efforts to bring people out of their cars, gated condos
and cruise terminals to be engaged with the community at -large.
Whimsy Park: Staff presented a proposal for a park to display up to five large sculptures and/or
art features for up to 18 months at a time, which is based on similar programs that have been
successfully implemented in other cities. Discussion included proposed location adjacent to the
Public Library and Veterans Park, estimated cost of $500,000, hosting a Christmas marketplace
and other similar events, economical way to bring art into the City, bringing the community
together, promoting a common identity and providing a whimsical place for residents and visitors.
Polk Avenue Streetscape: Staff presented a streetscape concept for Polk Avenue from the now
closed -off end at A1A to the City's CRA boundary at Ridgewood Avenue. Discussion included
the City's unique needs, art/aesthetics visioning, on -street parking, one-way streets,
accommodations/safety for pedestrians, cyclists and dog walkers, whimsical intersections, creating
an interesting/iconic place from A1A to the beach, estimated cost of $2.9 million, working with
property owners for relocating sidewalks, lowering speed limits and other traffic control measures
to promote safety.
Cherie Down Park: Discussion included enhancing and bringing together the oceanside feel of the
City along with the riverside and "the Space Between", understanding responsibility to Cape View
Elementary, supporting children in the community, estimated cost of $3 million, the Pelican Park
renovation in Satellite Beach and Brevard County's possible willingness to negotiate.
NEXT STEPS DISCUSSION: Council discussed next steps to be taken on the proposed goals
and one-year/five-year plans to accomplish projects. Dr. Freijo asked each Council Member to
rank the projects and determined no projects were deemed unnecessary. Discussion included
sustainability, replacement programs for roads, work on approved projects not interfering with
day-to-day City functions/activities, no "kicking the can down the road" on improvement projects,
possible dog park located between City Hall and the Recreation Complex with an estimated cost
of $75,000, signal lights for emergency services, street lights for pedestrian safety, reiteration that
all proposed projects can be funded/accomplished in the next five years if approved,
approving/initiating projects before any restrictive/detrimental legislation takes effect, targeting
July or August to award municipal bonds for projects, 1.5 millage increase necessary if CRA
disappears, strength of current City finances, financial coverage for past and future projects,
support from residents for City improvement projects, securing the future of the City through Code
changes and ordinances, possible variance appeal item at a future Meeting, current status of the
City of Cape Canaveral, Florida
City Council Strategic Planning Retreat
To Set Fiscal Year 2017/2018 Goals
March 29, 2017
Page 4 of 4
Nancy Hanson Recreation Complex, space for activities/events and the proposed projects covering
the needs of multiple recreation events in the future.
VISIONING: Dr. Freijo reviewed the Vision Statement. Discussion ensued regarding changes
made the prior year. Discussion/recommendations for Vision Statement changes included:
First paragraph: Adding the terms `welcoming', `promotes', `tourism', `recreation' and `municipal
civic interests' and replacing `seaside' with 'oceanside' because of trademark concerns.
Second paragraph: Replacing ' A1A as a "complete street"' with 'A network of complete streets'.
Third paragraph: Adding the phrase 'The Space Between' for City Branding efforts.
Fourth paragraph: Adding the phrases 'An engaged and compassionate', 'acts progressively but
deliberately,' and 'with goodwill.'
There was further discussion regarding monthly brainstorming, social media, roll -out of a revised
vision statement, the effectiveness of strategic planning and setting goals for the next cycle.
MAYOR HOOG PRESIDES: Mayor Hoog called the Meeting to order at 2:24 P.M. Discussion
focused on direction to Staff to further planning of proposed projects, communicating proposed
projects to residents and larger projects completed in tighter timeframes elsewhere in the county.
Consensus from Council to take action at April 18, 2017 or May 16, 2017 Regular Meetings
to 1) discuss the Vision Statement and possible revisions/updates; 2) to discuss and set goals
for Fiscal Year 2017/2018.
PUBLIC COMMENT: Arlyn DeBlauw, 8931 Lake Drive, spoke of the Visioning Effort held in
2009, excellent nature of the strategic planning process, City website and inquired about proposals
for extending/connecting streets from Port Canaveral. Discussion included interactions with the
new administration at the Port, traffic concerns, new hotels, protecting pedestrians through speed
enforcement, street lights and Staff excitement for proposed City projects.
ADJOURNMENT: There being no further business, Mayor Hoog adjourned the Retreat at 2:44 P.M.
Daniel LeFever
Deputy City Clerk
Bob Hoog, Mayor
SEAL City of Cape Canaveral, Florida
Attachment 3
[Collage of other W+J Construction Projects]
THE
SPACE
BETWEEN'
Attachment 3
CITY OF CAPE CANAVERAL
Multi -generational Facility & CAPE Center
W+J
CONSTRUCTION
[Photo of City Logo/Compass on City Hall Plaza]
SELECTION
CRITERIA
+ Proposed Participants
+ Cost Controls
+ Information Management
+ Scheduling Management
+ Quality Control
+ Site Utilization
+ Warranty Management
CITY OF CAPE CANAVERAL I MuItigenerational facility and CAPE Center
PROPOSED
PARTICIPANTS
Waves + Wonder— a wonderful place to
Live, Work, and Play
[Photo of City Zagster bicycles]
[Photo of W+J Construction building]
TRULY LOCAL Brevard Based Since 1965
Brevard's Oldest, Active Contractor
40+ years experience with municipal projects
More than 400 projects successfully completed in Brevard in past 10 years
Our leadership in quality and safety is second to none
Local Projects
+ Cape Canaveral Volunteer Fire Station
+ Morton Salt Manufacturing Building, Port Canaveral
+ Morton Salt Warehouse, Port Canaveral
+ Biuepoints Marina, Port Canaveral
+ North Cargo Berth 5, Port Canaveral
+ North Cargo Berth 8, Port Canaveral
+ Cruise Terminal 5, Port Canaveral
+ Port Canaveral Continuing Contract
+ Cape Canaveral Air Force Station
+ Kennedy Space Center Visitor Center
+ Kennedy Space Center
[Map of Brevard County with pin points indicating projects]
Local Staff
5 + years tenure :17
+ Response time
+ Warranty commitment
[Aerial Map of Brevard County with pin points indicating projects]
Your Hometown Team
[Photos of personnel set against faded backdrop of beach and dunes]
ERIK COSTIN
Vice President / Partner
Total Years Exp. = 18
Years with W+J = 16
RICK COFER
VP of Construction
Total Years Exp. = 29
Years with W+J = 6
DAN HERMAN, LEED AP
VP/ Senior Project Manager
Total Years Exp. = 30
Years with W+J = 13
JIM CROSS
Superintendent
Total Years Exp. = 30
Years with W+J = 6
CHAD ROSSETTI
Project Manager
Total Years Exp. = 12
Years with W+J = 3
BRIAN SELI
Superintendent
Total Years Exp. = 20
Years with W+J = 5
STEVE CARLYLE
Chief Estimator
Total Years Exp. = 38
Years with W+J = 12
SHERYL DEROSIA
Accountant/ ODP
Total Years Exp. = 17
Years with W+J = 13
Parks
[Collage of W+J park projects]
Community Center/Gymnasium
[Collage of W+J community center/gynmasium projects]
Meeting/Exhibition Space
[Collage of W+J exhibition space projects]
CITY OF CAPE CANAVERAL I MuItigenerational Facility and CAPE Center
COST
CONTROLS
Waves + Wonder— a wonderful place to
Live, Work, and Play
[Photo of bicycle rack at City Hall]
Cost Control - Preconstruction/Bid Phase
+ Pre -con = Value Engineering
+ What this means for you
+ Accelerated timeline
+ Clarity of pricing
• Real-time competitive pricing
• Almost 2000 ITB's
[Rendering of Multi-Generation Facility]
Sample Preliminary Cost Estimate
Multi -Generational Facility
Site $1,664,280
Building $5,286,642*
TOTAL $6,950,922
includes $86,835 of gym
equipment shown as owner
supplied
[graphic of example cost data charts]
Sample Preliminary Cost Estimate
CAPE
Site $ 140,411*
Building $1,592,683
TOTAL $1,733,094
* includes $16,000 allowance for
landscape and tree protection
not shown on drawings
[graphic of example cost data charts]
Value Engineering
+ Relationship with Architects RZK, Inc.
+ Expert analysis
+ No change in functionality
+ Recommendations
+ Recent example: Cocoa Fire Stations 1,2 & 3
Original Design vs. Actual W+J / RZK Design
Original Design for 3 Fire Stations Bid Cost: $8,918,264
W+J / RZK Actual VE Design Actual Cost: $7,883,222
Value Engineering $1,035,042
ODP Savings + $73,901
TOTAL SAVING = $1,108,943
[before/after renderings of Cocoa fire station]
Cost Control - Construction Phase
+ Complete and open communication
+ Contracts / Full scope
+ Subcontractor communication / Meetings
+ Schedule control by PM, Superintendent & VPC
+ Owner meetings / Conference calls
+ Daylight cost concerns early and provide cost options
+ ODP Savings:1.5 — 2% / W+J management of process
[Photo of personnel on-site examining plans]
CITY OF CAPE CANAVERAL I Multigenerational facility and CAPE Center
INFORMATION
MANAGEMENT
Waves + Wonder— a wonderful place to
Live, Work, and Play
[Photo of City of Cape Canaveral LED marquee sign in City Hall plaza]
Information Management
W+J— Central Point of Contact
+ Full Team Coordination
+ Information Exchange
[Hub and Spoke graph]
OWNER'S REP
CITIZENS
ARCHITECT
SHERIFF
SUBS/
VENDORS
W+J
COMMUNICATION
& INTERACTION
BUILDING
DEPT.
CITY ADMIN
information Management
+ Processes
+ Communication -tailor to City preference
+ Regular meetings / calls
+ Utilize City's management system (if applicable)
+ Web -based PASKR
+ Dropbox / File sharing
+ Managed Information
+ Project status / schedule
+ Drawings
+ Change orders / RFl's /Submittals
+ ODP
+ Contingency
+ Pay applications with detailed SOV
w+j
[Graphic of organized spreadsheet]
CITY OF CAPE CANAVERAL I Multigenerational facility and CAPE Center
SCHEDULING
MANAGEMENT
Waves + Wonder— a wonderful place to
Live, Work, and Play
[Photo of Space Shuttle model in City Hall plaza - Former City Hall in background]
Scheduling Management
Duration of Construction
+ Concurrent
+ Multi -generational Facility (11 months)
+ CAPE (7 months)
+ Staggered construction
+ Cost savings on General Condition's
+ Area Impact
[Graphic of schedule line graph]
Scheduling Maintenance
+ Standard Procedures
+ Weather
+ 55 years of coastal construction experience
+ Hurricane preparedness program
+ Wet / Dry Season
+ Realistic dry -in and exterior work target dates
+ Flexibility
+ 3-week look ahead
+ Subcontractor Performance
+ Long-standing relationships
+ Culture of communication and safety
+ Identify issues early / supplement as necessary
[Aerial of large tropical storm off coast of Eastern Florida]
Scheduling Maintenance
+ Key material delays
+ Current challenging environment
+ Identify early seek critical lead times
+ Follow up
+ COVID19
+ Project awareness and communication
[Photo of construction personnel meeting/discussing whilst socially distancing]
CITY OF CAPE CANAVERAL I Multigenerational Facility and CAPE Center
QUALITY
CONTROL
Waves + Wonder— a wonderful place to
Live, Work, and Play
[Photo of beach crossover sign on Madison Ave]
Cape Canaveral
WELCOMES You
Quality Control
+ Preconstruction
+ Constructability
+ Prequalification of subcontractors
+ Construction
+ "Punch as you go"
+ Whole -team involvement
+ Weekly observations by VPC
+ Close-out
+ Training
+ Full communcation
+ Warranty - CCVFD
[Photo of hands of individuals pointing at and making notes on architectural plans]
CITY OF CAPE CANAVERAL Multigenerational Facility and CAPE Center
SITE
UTILIZATION
Waves + Wonder— a wonderful place to
Live, Work, and Play
[Photo of beach crossover bench]
Site Utilization
+ CCVFD--similar site constraints and location
+ Familiarity / Respect for residents
+ Flexibility / Communication with City and residents
[Photo of CCVFD Station 53]
+ CCVFD irnilarities
+Multi-generational Facility via Jackson Ave.
+ Off-street deliveries
+ Protecting existing conditions
•
•
CONCEPTUAL
EXHIBIT
Aerial layout of access to Canaveral City Park
JACKSON AVE
GATE
MONROE AVE
CONSTRUCTION
FENCE
ORANGE AVE
MATERIAL LAYDOWN/
CRANE STAGING
CONSTRUCTION
PARKING
WHEEL.STOPS TO
BE REMOVED
SEMI TRUCK
MATERIAL
OFF-LOADING
BOLLARDS TO
BE REMOVED
POWER POLE
MAATERIALS LAYDOWN
GATE
APPROXMATE EXTENTS
OF EXFILTRATION BED.
NO PARKING OR
MATERIAL STORAGE
WHEELSTOPS TO
BE REMOVED
MAGNOLIA AVE
CONSTRUCTION
FENCE
CONSTRUCTION
PARKING
+ Exfiltration areas
+ Flexibility to work with the City
CONSTRUCTION
FENCE
HARRISON AVE
CONCEPTUAL
EXHIBIT
- CAPE Center via Jackson Ave.
+ Reduced traffic
+ Proximity to City Hall
CONCEPTUAL
EXHIBIT
+ Smaller site
+ Sheriff support - Commander Walters
[Aerial of former City Hall with proposed construction equipment layout]
CONSTRUCTION
FENCE
CITY OF CAPE CANAVERAL I MuItigenerationai Facility and CAPE Center
WARRANTY
MANAGEMENT
Waves + Wonder— a wonderful place to
Live, Work, and Play
[Photo of City banner on lightpole]
Warranty Management
+ Location, we'll be there in minutes, not hours
+ Port Fire Trainer, Chief Sargeant
+ Provide complete closeout package and customer training
Support for as long as you need us
+ Available for advice and direction
+ Commitment to our customers and our reputation
[Photo of W+J personnel]
Why select W+J
+ Current and historical relevant municipal experience
+ Headquartered in Brevard since 1965 —TRULY LOCAL.
+ 25+ year relationship with Architects RZK / TLC
+ Impeccable safety record: EMR 0.75
+ Comprehensive Research
+ Team site visits, Sheriff, Engineer, Subcontractors, Environmental
+ Local stimulus (91% local dollars)
+ WE WANT THIS PROJECT
THANK YOU
[City Seal]
W+J
CONSTRUCTION
Successful History- Reputation
[Cocoa, Florida logo and typeface]
"WJ's staff are impressive and a pleasure to work with. They are highly experienced and
professional. The W&J employees are agreeable, flexible and willing to go the extra mile
for city staff. We are confident that our interests are truly their interests."
Dr. Joe Lee Smith Community Center
Mr. Gary Palmer, Capital Project Manager
[Rockledge, Florida City Seal]
"I was impressed with their organizational skills, ability to communicate and
responsiveness to the customer. The staff was very knowledgeable and accommodating
and answered questions in a timely manner."
Rockledge Civic Hub
Dr. Brenda Fettrow, City Manager
[Cape Canaveral, Florida City Seal]
"The firm demonstrated technical expertise, professionalism and superb customer service. When
unexpected field conditions produced challenges, W&J offered value -based solutions which did
not compromise the design, aesthetics or quality of the Station. The City values the services
provided by W&J Construction Corporation. We highly recommend them as a top firm and would
not hesitate to utilize the firm in the future"
Cape Canaveral Volunteer Fire Station
Mr. David L. Greene, Former City Manager
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No. 10
Subject: Ordinance No. 03-2020; amending Sections 2-57 and 2-58 regarding scheduling Council
Meetings; providing a conforming amendment to Section 18-1 related to the definition of Civil
Emergencies; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability, and an effective date, first reading.
Department: Legislative
Summary: At the May 19, 2020 Regular City Council meeting, Council reached consensus for Staff
to work with the City Attorney to modify the City Code regarding Emergency and Special meetings
of the City Council to improve the process overall. Proposed Ordinance 03-2020, attached herewith,
unifies procedures for initiating Special, Emergency and Workshop Meetings including examples
such as:
• The City Council can initiate or approve a request for a special meeting by a vote of the
majority or unanimous consensus during a Council meeting pursuant to the Charter, article
II, section 2.11.
• An individual Council Member may initiate a special meeting by filing a written notice
(including by email) with the City Clerk and shall contain a proposed date/time and the action
item(s) requested for consideration. The Clerk shall immediately provide a copy of the notice
by email or hand delivery to each Member. If a majority of Council agrees to it, then a meeting
will be scheduled.
• Currently, a majority of the City Council can initiate an Emergency Meeting. The Proposed
Ordinance provides that an Emergency Meeting can also be initiated by the Mayor or the
City Manager.
• In the event City Hall is not available to host a Special or Emergency Meeting, the Proposed
Ordinance provides for an alternate location and/or Communication Media Technology
(CMT) virtual or remote procedures to conduct a public meeting, if authorized by law.
• The Proposed Ordinance requires that Special, Emergency and Workshop Meetings be
noticed at City Hall and on the City website; addresses the use of City social media, as deemed
practical by the City Clerk; clarifies the City Clerk is responsible for date and time coordination
of Special, Emergency and Workshop Meetings as well as proposal of alternative dates and
times as necessary for coordination purposes.
Submitting Department Director: Mia Goforth Date: 09/08/2020
Attachment:
Ordinance No. 03-2020
Financial Impact: Costs of advertisement and codification; Staff time and effort to prepare this
agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 09/08/2020
The City Manager recommends the City Council take the following action:
Approve Ordinance No. 03-2020 at first reading.
Approved by City Manager: Todd Morley Date: 09/08/2020
1 ORDINANCE NO. 03-2020
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING
5 SECTIONS 2-57 AND 2-58 REGARDING SCHEDULING COUNCIL
6 MEETINGS; PROVIDING A CONFORMING AMENDMENT TO
7 SECTION 18-1 RELATED TO THE DEFINITION OF CIVIL
8 EMERGENCIES; PROVIDING FOR THE REPEAL OF PRIOR
9 INCONSISTENT ORDINANCES AND RESOLUTIONS,
10 INCORPORATION INTO THE CODE, SEVERABILITY, AND AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
15 law; and
16 WHEREAS, pursuant to Section 2.11(a) of the City Charter, the City Council may conduct
17 special meetings on the call of three or more members and, whenever practicable, upon no less
18 than 12 hours' notice to each member; and
19 WHEREAS, the City Council desires to amend the City Code related to scheduling and
20 conducting special meetings and emergency meetings in order to promote the efficient conduct
21 of City business; and
22 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
23 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
24 Cape Canaveral.
25 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
26 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
27 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as
28 legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
29 Section 2. Chapter 2 Code Amendment. Chapter 2 of the Code of Ordinances, City of Cape
30 Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions to the City
31 Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the
32 Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the
33 asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
34 to adoption of this Ordinance):
35 CHAPTER 2 — ADMINISTRATION
City of Cape Canaveral
Ordinance No. 03-2020
Page 1 of 6
1 ***
2 ARTICLE II.-CITY COUNCIL
3
4 DIVISION 3. - Meetings.
5 ***
6 Sec. 2-57. - Special and emergency meetings.
7 (a) A special meeting of the city council may be initiated by any of the following means:
8 (1) Council Decision at Meeting. The city council can initiate or approve a request for a special
9 meeting by an affirmative vote of a majority or unanimous consensus of the city council at a
10 council meeting pursuant to the Charter, article II, section 2.11.
11 (2) -By serving the city manager or the city clerk notice in writing and signed by a majority of the
12 city council. The clerk shall immediately give verbal or written notice of to each member of the
13 council stating the date and hour of the meeting and the purpose for which such meeting is called,
14 and no other business shall be enacted at that meeting. The clerk in the notice of a special meeting
15 initiated in this manner shall allow at least 21 hours to elapse between the call of the meeting and
16 the date and hour of the meeting. Notice shall be posted at City Hall and on the city website.
17 (2) Initiated by Councilmember. A councilmember may request a special meeting by filing a
18 written notice (including by email) with the city clerk. The written notice shall specify the purpose
19 and reason for requesting the meeting, the action item(s) requested to be considered by council,
20 and a proposed date(s) and time(s) for the meeting. Upon receipt of the notice, the clerk shall
21 immediately provide a copy of the notice by email or hand delivery to each member of the council
22 and determine whether at least a majority of the council agrees in writing to schedule a special
23 meeting to consider the action item(s). However, a meeting will not be scheduled by the clerk's
24 office unless a majority of the city council has agreed in writing to attend the meeting and consider
25 the action item(s) no later than forty-eight (48) hours from the date that the notice was delivered
26 by the clerk. If a majority of the council does not agree within said time period, the clerk shall
27 notify the councilmember initiating the request that the request is deemed expired and no further
28 action will be taken by the clerk to attempt to schedule the requested special meeting.
29 (3) Initiated by City Manager. As the administrative head of the City, the city manager shall
30 request of the city council from time to time such decisions or actions of the city council which
31 the city manager may determine are reasonably necessary for the successful accomplishment of
32 the duties of the city manager. In furtherance of these duties, the city manager may request a
33 special meeting if deemed necessary for the effective administration of the City. Such request
34 may be made by notifying each member of council, verbally or in writing (including by email),
35 about the purpose and reason for requesting the meeting, description of the action item(s) to be
City of Cape Canaveral
Ordinance No. 03-2020
Page 2 of 6
1 considered by council, and proposed date(s) and times(s) for the meeting. However, a meeting
2 will not be scheduled by the clerk's office unless a majority of the city council has agreed verbally
3 or in writing to attend the meeting and consider the action item(s).
4 (31) Emergencies. By verbal notice to the city clerk or the city manager by a majority of the city
5 council wWhenever an emergency exists which requires immediate, urgent or extraordinary action
6 by the council due to exigent circumstances affecting life safety, property damage, the business
7 affairs of the City, the environment, or an emergency measure required to be addressed under
8 chapter 18 of the City Code, the city council, mayor or city manager may call an emergency
9 meeting. Emergency meetings will be scheduled as soon as possible to address the exigent
10 circumstances. The clerk shall immediately attempt to give verbal or written notice (including by
11 email) to each member of the council stating the hour of the emergency meeting and the purpose
12 for which such meeting is called, and no other business shall be enacted at that meeting. If, after
13 reasonable diligence, it is impossible to give notice to each councilmember, such failure shall not
14 affect the legality of the meeting.
15 (b) Special and emergency meetings shall be limited to the purpose and scope of the item(s)
16 publicly noticed and placed on the meeting agenda. No other item(s) may be discussed or
17 decided by the city council at these meetings.
18 (c) Special meetings shall only be requested when there is an action item(s) to present to the
19 city council for discussion and action. Adequate time should be afforded city staff to research and
20 prepare an appropriate city council agenda item(s) (including if necessary, any related
21 documentation, ordinance, resolution or legal instrument) before a special meeting is scheduled
22 so the city council is well-informed and prepared before taking final action. Special meetings
23 should not be requested for an agenda item(s) that can be placed on a regular council agenda for
24 timely consideration except if such agenda item(s) and special meeting is approved by the city
25 council at a council meeting.
26 (d) Special meetings shall require a minimum of twenty-four (24) hours public notice and shall
27 be subject to other applicable notice requirements provided by law. There shall be no minimum
28 public notice requirements for emergency meetings unless otherwise provided by law. However,
29 public notice of emergency meetings shall be given in advance of the meeting to maximum extent
30 practicable given the emergency circumstances. Additionally, if, after reasonable diligence, it is
31 impossible to give notice of a meeting to each councilmember as required by this section, such
32 failure shall not affect the legality of the meeting.
33
34 (e) All special and emergency meetings shall be held in the City Hall unless otherwise
35 determined by the city council or City Hall is not available. such other place as designated by a
36 majority of the council in open session and All meetings shall be open to the public and the press
37 unless otherwise provided by law. If the city council has not determined otherwise, the city
City of Cape Canaveral
Ordinance No. 03-2020
Page 3 of 6
1 manager may schedule the special or emergency meeting at another appropriate location if City
2 Hall is not available. The city council may also conduct meetings by using communication media
3 technology if authorized by law.
4 (f) Notice of meetings called under this section shall be posted at City Hall and on the city
5 website, and may to the extent deemed practical and available by the clerk, be posted on suitable
6 city social media platform(s)
7 (g) The clerk shall be responsible for maintaining the city council's master meeting schedule
8 and coordinating schedules of the councilmembers, city manager and other city officials for
9 purposes of scheduling council meetings called under this section. When scheduling council
10 meetings, the clerk may freely propose alternative dates and times deemed appropriate to
11 schedule special and emergency council meetings based on the availability of the
12 councilmembers, city manager and other city officials.
13
14 Sec. 2-58. - Workshop meetings.
15 Workshop meetings may be called in the same manner as a special meeting to informally discuss
16 matters relating the [to] to city business. Workshop meetings shall be held in the place so
17 designated by council to be the locations of workshop meetings and shall be open to the public
18 and press. Notice of workshop meetings shall be posted at least 24 hours in advance at the City
19 Hall and on the city website, and may to the extent practical and available, be posted on suitable
20 city social media platform(s). Minutes of the workshop meeting shall be prepared and distributed
21 to council members.
22 * * *
23 Section 3. Section 18-1 Conforming Code Amendments. Section 18-1 of the Code of
24 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type
25 indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *)
26 indicate a deletion from the Ordinance of text existing in Section 18-1. It is intended that the text
27 in Section 18-1 denoted by the asterisks and set forth in this Ordinance shall remain unchanged
28 from the language existing prior to adoption of this Ordinance):
29 Sec. 18-1. - Definitions.
30 The following words, terms and phrases, when used in this chapter, shall have the meanings
31 ascribed to them in this section, except where the context clearly indicates a different meaning:
32 Civil emergency means: Any serious incident, situation or combination of serious
33 circumstances resulting in a state that calls for immediate, urgent or extraordinary policy
34 considerations and decisions by the city to protect the public health, safety and welfare, property,
35 environment or the function of city operations including:
City of Cape Canaveral
Ordinance No. 03-2020
Page 4 of 6
1 (1) A riot or unlawful assembly characterized by the use of actual force or violence or any
2 threat to use force if accompanied by immediate power to execute by three or more
3 persons acting together without authority of law, or act of terrorism or war.
4 (2) Any natural disaster or manmade calamity, including flood, conflagration, cyclone,
5 tornado, hurricane, earthquake or explosion, within or near the corporate limits of the
6 city resulting in, or having the high probability of causing, the death or injury of persons
7 or the destruction of property to such an extent that urgent or extraordinary measures
8 must be taken to protect the public health, safety and welfare.
9 (3) Any incident that poses an immediate threat to life, health, property, or environment.
10 (4) Any incident that has already caused loss of, or has a high probability of escalating to
11 cause immediate danger to, life, public health, property damage, or environmental
12 damage.
13 (5) Any serious medical emergency to the community such as a pandemic, plague, cholera,
14 ebola, malaria and other outbreaks of disease.
15 (6) Any incident that has caused, or poses an immediate threat to, the function of the city
16 such that city services are, or will be, seriously disrupted.
17
18 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
19 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
20 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
21
22 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
23 Canaveral City Code and any section or paragraph, number or letter and any heading may be
24 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
25 like errors may be corrected and additions, alterations, and omissions, not affecting the
26 construction or meaning of this Ordinance and the City Code may be freely made.
27
28 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
29 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
30 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed
31 a separate, distinct and independent provision, and such holding shall not affect the validity of
32 the remaining portions of this Ordinance.
33
34 Section 7. Effective Date. This Ordinance shall become effective immediately upon
35 adoption.
36
37
38
39
40
City of Cape Canaveral
Ordinance No. 03-2020
Page 5 of 6
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
2 of , 2020.
3
4
5 Bob Hoog, Mayor
6
7 ATTEST: For Against
8
9 Mike Brown
10
11 Mia Goforth, CMC Robert Hoog
12 City Clerk
13 Mickie Kellum
14
15 Wes Morrison
Angela Raymond
16 First Reading: September 15, 2020
17 Advertisement:
18 Second Reading:
19
20 Approved as to legal form and sufficiency
21 for the City of Cape Canaveral only by:
22
23
24 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 03-2020
Page 6 of 6
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No.11a
Subject: Resolution No. 2020-22; adopting a Final Millage Rate for the levy of Ad Valorem Taxes
for Fiscal Year 2020/21 on all taxable property located within the City of Cape Canaveral, Brevard
County, Florida; providing for an effective date.
Department: Financial Services
Summary: Adopt a Final Millage Rate of 3.6396 mills for Fiscal Year 2020/21. This represents the
rolled-back rate. The Millage includes two segments:
General Government Millage 3.5878 mills
Library Dependent Special District 0.0518 mills
These rates are identified in the Fiscal Year 2020/21 Proposed Budget.
Per "Truth in Millage Compliance", the Ad Valorem Tax rates can be lowered from the proposed
rate; however, no tax rate can be increased.
The City Council adopted Resolution No. 2020-15 — Tentative Proposed Millage Rate of 3.6396 on
July 21, 2020 and Resolution No. 2020-18—Tentative Millage Rate of 3.6396 on September 3, 2020.
Resolution No. 2020-22 (attached) is the final approval establishing the Millage Rate for Fiscal Year
2020/21.
Submitting Department Director: John DeLeo Date: 09/04/2020
Attachment:
Resolution No. 2020-22
Financial Impact: The adopted Final Proposed Millage Rate of 3.6396 provides a property tax
revenue stream of $4,872,535. These revenues are represented in the Proposed Fiscal Year
2020/2021 Budget at a 95% receipt rate and allow for a balanced budget.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 09/04/2020
The City Manager recommends the City Council take the following action:
Adopt Resolution No. 2020-22.
Approved by City Manager: Todd Morley Date: 09/04/2020
RESOLUTION NO. 2020-22
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ADOPTING A FINAL 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.
WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage
rate; and
WHEREAS, Florida Statute 200.065 expressly provides no millage shall be levied until a
resolution or ordinance has been approved by the governing board of the taxing authority and
upon preparation of a tentative budget, but prior to adoption thereof, each taxing authority shall
compute a tentative proposed millage rate necessary to fund the final budget other than the
portion of the budget to be funded from sources other than ad valorem taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Brevard County, Florida, as follows:
Section 1. The total millage for all City operating purposes is 3.6396 mills on the dollar
of taxable value for the 2020/2021 Fiscal Year for the City of Cape Canaveral, Florida. This millage
represents the roll -back rate.
Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a final millage rate of 3.5878 mills for General Government Millage. This proposed Ad
Valorem Tax shall be levied upon the 2020 Tax Assessment Roll for Ad Valorem Tax on all taxable
property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year
beginning October 1, 2020 and ending September 30, 2021.
City of Cape Canaveral, Florida
Resolution No. 2020-22
Page 1
Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a final millage rate of 0.0518 mills for the Library Dependent Special District, as
approved in the 1985 referendum election. This proposed Ad Valorem Tax shall be levied upon
the 2020 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City
of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2020 and
ending September 30, 2021.
Section 4. This Resolution shall become effective immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this
15th day of September, 2020.
ATTEST:
Mia Goforth, CMC
City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name For Against
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral, Florida
Resolution No. 2020-22
Page 2
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No.11 b
Subject: Ordinance No. 04-2020; adopting the Annual General Fund, Wastewater Enterprise Fund,
Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds
and Agency Fund Budgets for the Fiscal Year beginning October 1, 2020, and ending September
30, 2021; providing for an effective date, second reading.
Department: Financial Services
Summary: City Council completed two workshops pertaining to the development of the Budget
for Fiscal Year 2020/2021. The Budget reflects Council's direction from those meetings and revised
revenue/spending estimates.
The Budget for the Fiscal Year 2020/2021 totals $34,731,135. This represents a 7.14% increase from
the Fiscal Year 2019/2020 Budget.
City Council approved Ordinance No. 04-2020 on first reading at its September 3, 2020 Meeting.
The Notice of Hearing was placed for advertisement in Florida Today on September 10, 2020 and
the Ordinance is presented for second reading and final adoption.
Submitting Department Director: John DeLeo Date: 09/04/2020
Attachment:
Ordinance No. 04-2020 with Attachment #1 — Fiscal Year 2020-2021 Budget Summary.
Financial Impact: This is a balanced Budget based upon a 3.6396 Ad Valorem Millage Rate. Cost
of advertisement and Staff time to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 09/04/2020
The City Manager recommends the City Council take the following action:
Adopt Ordinance No. 04-2020, second reading.
Approved by City Manager: Todd Morley Date: 09/04/2020
ORDINANCE NO. 04-2020
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, WASTEWATER
ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, ENTERPRISE CAPITAL
FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECT FUNDS AND AGENCY
FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND
ENDING SEPTEMBER 30, 2021; PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida,
as follows:
SECTION 1. The Annual General Fund, Wastewater Enterprise Fund, Stormwater
Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and
Agency Fund Budgets which are attached hereto in Attachment #1 by reference made a part
hereof, of the City of Cape Canaveral, Florida for the Fiscal Year beginning October 1, 2020, and
ending September 30, 2021, are hereby approved and adopted.
SECTION 2. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of
September 2020.
ATTEST:
Mia Goforth, CMC.
City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
First Reading: September 3, 2020
Advertisement: September 10, 2020
Second Reading: September 15, 2020
Bob Hoog, Mayor
Name For Against
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral, Florida
Ordinance No. 04-2020
Page 1 of 1
Ordinance No. 04-2020
Attachment#1
City of Cape Canaveral
Fiscal Year 2020-2021 Budget Summary
Revenues Expenditures
General Fund: $ 19,140,079 $ 19,140,079
Enterprise Funds:
Wastewater Enterprise Fund 8,748,281 8,748,281
Stormwater Enterprise Fund 1,117,927 1,117,927
Enterprise Capital Fund - -
Capital Proiect Funds:
Capital Construction Fund - -
North Atlantic Ave. Improvement Fund - -
Special Revenue Funds:
Police Education Fund 1,600 1,600
Aerial Fire Protection Fund 9,668 9,668
School Crossing Guard Fund 1,950 1,950
Library Fund 87,693 87,693
CC Community Redevelopment Agency Fund 5,615,366 5,615,366
Agencv Fund:
Law Enforcement Trust Fund 8,571 8,571
Total Fiscal Year 2020/2021 Budget $ 34,731,135 $ 34,731,135
City of Cape Canaveral
City Council Meeting — September 15, 2020
Agenda Item Summary
Item No. 12
Subject: 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 and the
May 16, 2020 Regular City Council Meeting.
Department: City Council
Summary:
BACKGROUND
On Friday, May 8th 2020 the City of Cape Canaveral held a Special City Council Public
Meeting at 6:00 PM which was attended by the entire City Council.
On May 13th 2020 Cape Canaveral Citizen, Mr. Patrick Campbell submitted a concern
regarding Council Member Angela Raymond's conduct in the May 8th Meeting via email
to Mayor Hoog and Interim City Manager Todd Morely as shown in the background and
history of correspondence below. He did not receive a reply from his email after following
up again with an email to the Mayor and Interim City Manager on May 16, 2020.
Mr. Campbell then submitted his concern again after not hearing back via as a public
comment which was read by the City Clerk to the City Council, Management and Public.
The Mayor followed the reading of this comment by referencing his instructions to
maintain decorum and desired no discussion at that time. However, he did state that he
wanted to feed this back to Management and the City Attorney who probably will get
something setup on this as shown below as well. His exact statement can be verified
below. There was no discussion on the matter by City Council, Staff or Public.
To my knowledge, as of June 3, 2020 Mr. Campbell has not received a formal reply
addressing his concerns with City Council Member Raymond further expressed below.
On 5/23/20 Patrick Campbell made a Public Records Request under FL Statues to
discover if any action that has been taken. On 5/26/20 Mr. Campbell received a reply
from the Public Records Custodian and City Clerk Mia Goforth acknowledging his
request with the need to allow 5-10 business days for a reply.
BACKGROUND:
Below is a history of the correspondence referenced in the above summary.
5/13/20 at 9:34 PM
City of Cape Canaveral
City Council Meeting — April 21, 2020
Agenda Item No. 12
Page 2 of 8
• What: 1st Email
• From: Patrick Campbell [patrickcampbell@cfl.rr.com]
• To: Mayor Hoog[b.hoog@cityofcapecanaveral.org] & Todd Morely
[t. morely@cityofcapecanaveral.org]
• Subject: Special meeting, Angela Raymond
During the Special Meeting discussing and re -opening the beach. Ms. Raymond's
performance during the meeting was a disregard for any level of professional
representation. I ask that the Code of Conduct be compared to her performance. Her
head holding, rolling around and apparent private running conversation with someone in
the room with her during the meeting demands review by City Leadership and City
Attorney. Please let me know your actions from my complaint.
5/16/20 at 8:02 PM
• What: 2nd Email
• From: Patrick Campbell [patrickcampbell(c cfl.rr.com]
• To: Mayor Hoog[b.hoog@cityofcapecanaveral.org] & Todd Morely
[t. morely@cityofcapecanaveral.orq]
• Subject: Special meeting, Angela Raymond
I respectfully ask for a reply. I just watched the video of the special meeting for the third
time. Ms. Raymond's behavior is a complete disrespect for the Council. Additionally her
continued conversation with off camera people, unknown people and unknown
discussion brings the Sunshine Law into question. She was conducting a meeting within
the council meeting, not listening to the opinions of fellow council, rolling around on her
couch, cradling her head in her hands and acting completely unprofessional. It should
have been stopped during the meeting. Her actions should result in a public censure.
5/19/20 at 1:12 PM
• What: 3rd Email
• From: Patrick Campbell [patrickcampbell@cfl.rr.com]
• To: Public Comment Email Address[publiccomments@cityofcapecanaveral.org]
• Subject: Public Comment not related to a specific agenda item for the 5/19/2020
Council Meeting
On 5/13/2020 with a follow on again requesting a response on 5/16/2020 I asked Todd
Morley and Mayor Hoog
"During the Special Meeting discussing and re -opening the beach. Ms. Raymond's
performance during the meeting was a disregard for any level of professional
representation. I ask that the Code of Conduct be compared to her performance. Her
head holding, rolling around and apparent private running conversation with someone in
the room with her during the meeting demands review by City Leadership and City
Attorney. Please let me know your actions from my complaint."
City of Cape Canaveral
City Council Meeting — April 21, 2020
Agenda Item No. 12
Page 3 of 8
No response as of 9 AM 5/19/2020
Raymond's on -going private conversation with off camera people brings the Sunshine
Law into question. Raymond wandered around the room with her computer, was
conducting a meeting within the council meeting, not listening to the opinions of fellow
council, rolling around on her couch, cradling her head in her hands and acting
completely unprofessional. She should have been stopped.
Raymond's reference to North Korea as a valid data source shows a complete
disconnect from informed decision making.
How egregious would a council member's behavior have to be to get City Leadership to
intervene?
Meeting remotely does not lessen the responsibility to maintain the proper decorum of
the dais. What would be done if during a regular meeting at City Hall if a council member
brought an advisory group, lined up in back for private consultation? What would be done
if a council member brought an advisory group and broke periodically to go to a separate
room to consult in private?
Raymond was distracting, disrespectful, violated multiple sections of the Code of
Conduct. Her private meeting taking place during the Council Meeting with parties and
subject unknown is a violation of the intent of Sunshine. Depending on who she was
talking to, it could be an explicit violation.
I request a review of Raymond's actions against Sec. 2.07 - Judge of qualifications and
2.09 Investigations defined in our Ordinances to determine if the information needs to be
presented to the appropriate legislative body.
I request an authorized member of City Management request an opinion on Sunshine
Violations including inaudible conversations, from the Florida Attorney General pertaining
to the Special Meeting and Council Woman Raymond's conduct.
I request Council Woman Raymond spare the City and Citizens of Cape Canaveral
further embarrassment by apologizing for her actions and resigning her position.
Patrick Campbell
Cape Canaveral
5/19/2020 at 4:39 PM
• What: 4th Email (Requesting Receipt)
• From: Patrick Campbell [patrickcampbell@cfl.rr.com]
• To: Public Comment Email Address [publiccomments@cityofcapecanaveral.orq]
• Subject: Public Comment not related to a specific agenda item for the 5/19/2020
Council Meeting
City of Cape Canaveral
City Council Meeting — April 21, 2020
Agenda Item No. 12
Page 4 of 8
Please confirm receipt.
5/19/20 at 6:01 PM
• What: Opening Statement of Proceedings by Mayor Hoog at the Regular City
Council Meeting
The Mayor called the meeting to order and followed with the following statement as a part
of his proceedings:
"I would like to remind everyone participating at all public meetings of the city to
conduct themselves professionally and to follow proper procedures and protocol. This
includes myself as Mayor and share of the City Council. With Council Members and staff
on camera and without the normal distractions of an open council chamber up close CMT
virtual meetings create a much more intimate and personal experience for the public. We
must all be mindful that negative body language contributed for decorum. We are all still
learning how to operate the pressure of difficult decisions COVID-19 emergency has
created. Going forward let's remember to be patient and professional while following
proper decorum."
Source: https://voutu.be/ufdFRcAaPnO?t=18
5/19/20 at approximately 6:11 PM
• What: Public comment read by City Clerk from email above to public comment
emailed and received at 5/19/20 1:12 PM for the Regular City Council Meeting.
Below is the weblink below in your Internet browser to listen to the City of Cape
Canaveral YouTube published recording of the public comment submitted by Mr.
Campbell and read by our City Clerk. Again, this is read verbatim from the email sent on
5/19/20 at 1:12 PM as stated above.
Source: https://youtu.be/ufdFRcAaPnO?t=627
5/19/20 at approximately 6:15 PM
• What: Mayor's Comments in response to the public comment on 5/19/20 at the
Regular City Council Meeting.
At approximately 14 minutes and 24 seconds the Mayor stated to the best of my
transcribing the following:
"Okay, I am not going to open any discussion on this. I just want to feed it back to
management and to the attorney who I know have probably or at least going to get
something setup on this but I do not want a discussion on this. I think what we read
tonight before the meeting the appropriate decorum for the meeting would be sufficient to
City of Cape Canaveral
City Council Meeting — April 21, 2020
Agenda Item No. 12
Page 5 of 8
move on. I respect the opinion in the email from the public and do not have problem with
that. I would like to go ahead and move on because we do have a large agenda."
Source: https://voutu.be/ufdFRcAaPnO?t=851
5/23/20 at 10:58 PM
• What: Email Sent (Public Records Request)
• From: Patrick Campbell [patrickcampbell@cfl.rr.com]
• To: Mia Goforth (City Clerk/Custodian of Records)
[m.goforth@cityofcapecanaveral .org]
• Subject: Public record request
I would like to see all public records that document any complaints, concerns from any
source and any actions taken by city leadership related to the performance of Council
Member Angel Raymond.
5/26/20 at 11:13 AM
• What: Email Reply (Public Records Request Acknowledgement)
• From: Patrick Campbell [patrickcampbell(c cfl.rr.com]
• To: Mia Goforth (City Clerk/Custodian of Records)
[m.goforth(c cityofcapecanaveral .org]
• Cc: Melinda Huser [M.Huser@cityofcapecanaveral.org]; Todd Morley
[T.Morley@cityofcapecanaveral.org]; Daniel LeFever
[D.LeFever@cityofcapecanaveral.org]; Anthony Garganese
[agarganese@orlandolaw. net]
• Subject: RE: Public record request — Acknowledgement
• Importance: High
Mr. Campbell,
The City has received your request "to see all public records that document any
complaints, concerns from any source and any actions taken by city leadership related to
the performance of Council Member Angel Raymond." As stated in your email below.
Staff will provide a response to this request within the next 5 to 10business days. Taking
into consideration the City is still under an Emergency Declaration this request for public
records may take longer.
Thank you,
Mia Goforth
City Clerk + Records Custodian + ADA Coordinator City of Cape Canaveral
(321) 868-1220 x220
100 Polk Avenue - P.O. Box 326
Cape Canaveral, Florida 32920
City of Cape Canaveral
City Council Meeting — April 21, 2020
Agenda Item No. 12
Page 6 of 8
06/16/20 at 6:00 PM
• What: Regular City Council Meeting
• City Council Member Angela Raymond said that she was not talking to someone.
• The time limit of 10:00 PM was reached and after a 5 minute extension, no action
was taken because time ran out.
DISCUSSION
At the June 16, 2020 Regular City Council Meeting, City Council Member Angela
Raymond stated that she did not speak with anyone at the May 8, 2020 Special City
Council Meeting. After reviewing the video again, it appears that Council Member
Raymond appeared to be speaking to another party. Council Member Kellum stated that
she heard the other party speaking in the background during the meeting.
When asked who had reviewed the recording provided by the City of Cape Canaveral
YouTube channel, Mayor Bob Hoog and Council Member Angela Raymond both said
that he had not reviewed the video. Mayor Pro-Tem Mike Brown, Council Member Mickie
Kellum and I (Council Member Wes Morrison) all confirmed that we reviewed the video.
I am requesting a review of the video recording by the entire Council and also requesting
a statement from the Council Member Angela Raymond on her general conduct during
that meeting with a specific explanation on who she appeared to be speaking to and or
what was being discussed. Further, the Council needs to self -police any City Council
Member who is acting in the same manner as Council Member Raymond at the May 8,
2020 Special City Council Meeting.
Now that Council Member Raymond has denied speaking to anyone, we should review
the video recording and see if the evidence supports this claim.
If the City Council needs to review the performance in question the City of Cape
Canaveral recording of the 5/8/20 Public Special Council Meeting can be watched by
following this link: https://youtu.be/fiezlsY7XwA
Council Member Raymond's denial of having a conversation can be viewed by watching
the official City of Cape Canaveral recording by following the link which starts just before
the statement was made: https://youtu.be/CH1CPzalOyl?t=12879
City Council Member Kellum made a motion and I (Council Member Morrison) once we
reached the required end time of 10:00 PM to extend the meeting by 5 minutes and the
remaining City Council voted in support.
During the extension of time Council Member Kellum said that Council Member Raymond
was unprofessional and showed no decorum with a reference to eye rolling. Council
Member Raymond said that we need to not dwell on the past and move on. Mayor Hoog
City of Cape Canaveral
City Council Meeting — April 21, 2020
Agenda Item No. 12
Page 7 of 8
thought the email was enough to handle the issue. City Attorney Garganese said that we
need to enforce our own rules for ourselves. He said that it was up to the City Council.
The City Clerk notified the Mayor that we reached the 5-minute extension deadline, and
no action was taken due to reaching the time limit.
In the May 8th 2020 Special City Council Meeting I understand and respect why the
Mayor did not want to discuss this concern at the time was read by our City Clerk at the
Regular City Council Meeting on 5/19/20 as a public comment. He chose to address the
potential issues at that time by feeding the information back to management and the City
Attorney.
As the elected body to represent the citizens of Cape Canaveral we as a City Council
have an obligation to review Council Member Raymond's actions against Sections 2.07
and Section 2.09 within the City of Cape Canaveral Ordinances below to determine if the
information needs to be presented to the appropriate legislative body.
Is it appropriate that the Council discuss Ms. Raymond's actions given that she is a
sitting member of the Council or should the Council establish an investigation, prefer an
independent investigation into the allegations?
Sec. 2.07 - Judge of Qualifications
The city council shall be the judge of the qualifications of its members, and of the
grounds for forfeiture of their office. In order to exercise these powers, the city council
shall have power to subpoena witnesses, administer oaths and require the production
of evidence. A member charged with conduct constituting grounds for forfeiture of
office shall be entitled to a public hearing on demand, and notice of such hearing shall
be published in one or more newspapers of general circulation in the city at least one
week in advance of the hearing.
Sec. 2.09 Investigations
The city council may make investigations into the affairs of the city and the conduct of
any city department, office or agency and for this purpose may subpoena witnesses,
administer oaths, take testimony, and require the production of evidence. Failure or
refusal to obey a lawful order issued in the exercise of these powers by the city
council shall be a misdemeanor punishable by a fine of not more than $500.00, or by
imprisonment for not more than 60 days or both.
Submitting Council Member:
7/8/2020
Council Member Wes Morrison Date:
Attachment(s):
1. City Council Member Raymond Commitment to Code of Conduct Nov 2017
City of Cape Canaveral
City Council Meeting — April 21, 2020
Agenda Item No. 12
Page 8 of 8
City of Cape Canaveral
Council Member Code of Conduct
(City Code Sec.2-28. — Code of Conduct) In addition to adhering to the requirements of State Law, all
Council Members shall commit to the following Code of Conduct by written affirmation, which shall remain
on file with the City Clerk, as follows:
I affirm that the proper Statutory and City Charter role of a Council Member, as with any elected member
of a legislative body, is to act collectively, not individually, to set and/or revise and/or to apply the City's
governing policies and that the City Manager and Staff administer such policies.
I understand that a Council Member does not manage the affairs of the City. I will not intrude into daily
operations or spheres of responsibility designated by Florida Statutes, City Code, and City Charter to the
City Manager as the chief executive officer; or undermine the City Manager's lawful authority. Further, I
understand that the City Manager is responsible for administering the policy direction established by a
majority vote of the City Council and not the policy wishes of one individual Council Member.
I will represent the interests of the entire City when making decisions and will rely upon available facts and
my independent judgment. In my capacity as a Council Member, I will avoid conflicts of interest and avoid
using my official position for personal, professional, or partisan gain.
I will demonstrate dignity, respect, and courtesy toward those whom I am in contact with in my capacity as
a Council Member. I will refrain from intimidation and ridicule of fellow Council Members, City Manager,
City Attorney, Staff, citizens of the City, and City utility customers.
In my capacity as a Council Member, I will refrain from inappropriate language including statements that
are malicious, threatening, slanderous, disparaging, mean -spirited, vulgar or abusive. All disagreements,
concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism
of an elected official and the honor of the City Council.
I will focus on solving problems. I will maintain appropriate decorum and professional demeanor in the
conduct of City business and work cooperatively and conscientiously with others as I request or receive
information, examine data or weigh alternatives in the decision -making process.
I will demonstrate patience and refrain from demanding, interruptive access to Staff or immediate responses
or services when requesting information that requires significant Staff time in research, preparation or
analysis or that will result in Staff neglect of urgent duties. Such requests will be made through the City
Manager for scheduling and prioritizing through consensus of the City Council.
I will devote adequate time for preparation prior to City Council Meetings and as much as possible, I will
be in attendance at such meetings and all other scheduled events where my participation is required.
I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow City
Council Members, City Manager, City Attorney, Staff, citizens of Cape Canaveral, and City utility
customers. I will listen actively and objectively to others' concerns or constructive criticisms.
I will refrain from any individual action that could compromise lawfully authorized decisions of the City
or the integrity of the City and my fellow Council Members. I will delineate clearly for any audience
whether I am acting or speaking as an individual citizen or in my capacity as a representative of the City.
I will maintain in confidence any privileged or confidential information provided to me by the City and will
not disclose such information publicly or to any person who has not been duly authorized by the City to
receive such information, unless such disclosure is duly authorized by the City Council or City Manager or
required by law. In addition, I will refrain from copying any written privileged or confidential documents
provided to me by the City and will keep such documents in safekeeping. Further, upon leaving office or
upon request by the City Council or City Manager, I will return to the City any privileged or confidential
documents or materials provided to me by the City while serving on the City Council.
I will abide by all laws of the State applicable to my conduct as a Council Member, including, but not
limited to, the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and City
Rules of Procedure and Codes of Conduct.
I will promote constructive relations in a positive climate with all City employees, City Attorney, and City
contractors and consultants consistent with my role as a Council Member, as a means to enhance the
productivity and morale of the City. I will support the City Manager's decision to employ the most qualified
persons for Staff positions. I will recognize the bona fide achievements of the City Manager, Staff, City
Attorney, City contractors and consultants, business partners, and other sharing in, and striving to achieve,
the City's mission.
I will enhance my knowledge and ability to contribute value to the City as a Council Member by keeping
abreast of issues and trends that could affect the City through reading, continuing education and training. I
will study policies and issues affecting the City, and will attend training programs if required by the City.
My continuing goal will be to improve my performance as a Council Member.
I will value and assist my fellow Council Members by exchanging ideas, concerns, and knowledge through
lawful means of communication. I will help build positive community support for the City's mission and
the policies established by the City Council.
I will support and advocate for my beliefs, but will remain open to understanding the views of others. I
recognize that I share in the responsibility for all City decisions and will accept the will of duly authorized
decisions of the City Council and City electorate.
I understand that my first priority as a Council Member will always be to look out for the best interests of
the citizens of the City and the public health, safety and welfare. I will seek to provide appropriate leadership
that nurtures and motivates City citizens to be stakeholders in the affairs and achievements of the City.
I will be accountable to the City Council for violations of this Code of Conduct.
Angela Raymond
Signature
11/21/17
Date
Angela Raymond
Print Name
Mia Goforth
Witness
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No. 13
Subject: Parking Space Minimum Widths and Spaces
Summary:
Discussion on parking minimum widths and spaces within the City of Cape Canaveral.
Submitting Council Member: Council Member Wes Morrison Date:
9/2/2020
Attachment(s):
None
City of Cape Canaveral
City Council Meeting - September 15, 2020
Agenda Item Summary
Item No. 14
Subject: Discussion on City of Cape Canaveral Reclaimed Water Policy
Summary:
Policy Discussion on Article IV of the City of Cape Canaveral regarding Reclaimed Water
services to the community.
Submitting Council Member: Council Member Wes Morrison Date:
9/2/2020
Attachment(s):
Article IV Reclaimed Water —COCC Ordinances
ARTICLE IV. - RECLAIMED WATER
Footnotes:
--- (5) ---
Editor's note— Ord. No. 8-95, § 1, adopted May 2, 1995, amended the code by deleting and adding a
new article IV. Formerly, such article pertained to similar provisions and derived from Ord. No. 7-95, § 1,
3-21-95.
DIVISION 1. - GENERALLY
Sec. 78-176. - Definitions.
Except where specific definitions are used within a specific section of this article for the purpose of
that section, the following terms, phrases, words and their derivation shall have meanings provided
herein. The word "shall" is mandatory and the word "may" is permissive.
Backflow prevention device shall mean either a dual check device composed of two single
independently active check valves, as described in the American Water Works Association Standard
C506-78 (R83), and the American Society of Sanitary Engineering Standard 1024, and/or reduced
pressure principle device, as described in the American Water Works Association Standard C506-78
(R83), and the American Society of Sanitary Engineering Standard 1013.
City manager shall mean the city manager of the city.
Cross -connection refers to any physical connection or arrangement which would allow the movement
of contaminants or fluids between any nonpotable water system, such as the reclaimed water system,
and potable water system.
Customer shall mean any person receiving service or making application for service.
FDEP shall refer to the state department of environmental protection.
Hose bib means a special connection installed and provided by the city at certain points of delivery of
reclaimed water that will enable the customer to attach a hose to use reclaimed water for non -potable
water purposes.
Reclaimed water shall mean highly treated effluent from the city's wastewater treatment plant not for
human consumption, supplied through the reclaimed water transmission and distribution system which
meets or exceeds requirements for public access as set for by FDEP or its successor in function.
Reclaimed water system shall mean those reclaimed water storage tank, pumps, transmission
mains, distribution mains, valves and appurtenances installed in public rights -of -way or utility easements,
and are used to distribute reclaimed water.
Service line shall mean that conduit to convey reclaimed water from the distribution main to the
applicant's property line.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 15-98, § 1, 3-17-98)
Sec. 78-177. - Connection to the system.
(a) Reclaimed water service may be provided for properties located within the city service area which
comply with the provisions for such as set forth in this article and the Land Development Code.
Reclaimed water may be available to properties within the service area as the distribution system is
extended. All applications for service shall be reviewed by the city manager and the public works
director, who shall approve such service only if an adequate supply of reclaimed water is and will be
available to meet all the anticipated needs. The city manager and public works director shall review
and technically approve all service line sizes and all other necessary design components.
(b) The existence of a reclaimed water main adjacent to or near the premises of an applicant for the
service does not necessarily mean that the service is available to that location. The city may install a
reclaimed water service line upon request by an applicant and payment of any/all appropriate fees by
the applicant.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 15-98, § 2, 3-19-98)
Sec. 78-178. - Reclaimed water uses.
(a) Reclaimed water distributed by the city within the city reuse service area is intended solely for the
irrigation of plants.
(b) In the event commercial establishments propose to use reclaimed water for purposes other than
plant irrigation, any proposed use(s) shall be evaluated by the city manager or his/her designee and
approved or disapproved based on this evaluation. In no case will the city approve any use that may
conflict with policies and regulations of the state or the U.S. Environmental Protection Agency.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-179. - Reserved.
Sec. 78-180. - Reclaimed water usage rates.
(a) Rates for reclaimed water service shall be established by resolution of the city council and
incorporated as a component of the city rate resolution.
(b) The following Equivalent Reclaimed Irrigation Connections ("ERICs") shall be used to identify
customer service levels based on the size of the customers connection to the city's reclaimed water
utility:
1-inch diameter connection = 1 ERIC
2-inch diameter connection = 4 ERICs
4-inch diameter connection = 12 ERICs
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 04-2012, § 2, 4-17-12)
Sec. 78-181. - Right to refuse service.
No payment of fees, submittal of an application, or other act to receive reclaimed water service shall
guarantee such service. The city shall have the right, at all times, to refuse to extend service on the basis
of a use detriment to the system, inadequate supply of reclaimed water, lack of payment of required fees,
or for any other reason which, in the judgement of the city manager, will cause the extension not to be of
benefit to the city.
(Ord. No. 15-98, § 3, 3-17-98)
Secs. 78-182-78-190. - Reserved.
DIVISION 2. - INSTALLATION AND INSPECTION OF THE RECLAIMED WATER SYSTEM
Sec. 78-191. - Policies and regulations adopted; compliance required.
The city shall adopt a reclaimed water system policies and regulation manual from time to time.
Compliance with said manual is hereby required.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 11-2004, § 2, 6-15-04)
Sec. 78-192. - Inspections.
(a) As authorized by law and as a condition of receiving reclaimed water service, duly authorized
employees of the city bearing proper identification shall be permitted to enter any building, structure
or property served by a connection to the reclaimed water system of the city for the purpose of
inspecting the piping system or systems, backflow preventer, valves and/or all other devices installed
by the customer which connect to or control the reclaimed water system or use of reclaimed water on
such property.
(b) Consent to such access shall be obtained voluntarily from a person of suitable age and discretion
therein or in control thereof or by inspection warrant. The refusal of voluntary access; when
requested, shall be considered evidence of the presence of violation of the policies and regulations
adopted herein.
(c) Inspections shall be at reasonable times and with reasonable frequency. Where there exists cause
to believe that a violation is committed, the city may cause the property to be inspected as necessary
to prevent or terminate the occurrence of such violation(s) as authorized by law.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-193. - Discontinuance of service.
The city manager or his designee is hereby authorized and directed to discontinue reclaimed water
service to any property, after notice, where any violation of this article exists, and to take such other
precautionary measures deemed necessary to eliminate any danger of contamination of the public
potable water supply. Reclaimed water service to such property shall not be restored until the violation
has been eliminated in compliance with the provisions of this article.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-194. - Unlawful connections or practices.
(a) No person shall be authorized to work on the reclaimed water distribution system without prior
written consent of the city, and then only under the direction and supervision of the city. No person
shall tamper with, alter, damage, cut into or make connection with, the reclaimed water system or
any component thereof.
(b) No person shall manipulate valves, hydrants or blow -offs of the reclaimed water distribution system
or cause water to flow from the system without prior written consent from the city.
(c) Any person found violating this article shall be subject to the procedures and/or penalties provided
by law.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 11-2004, § 2, 6-15-04)
Sec. 78-195. - Special magistrate or code enforcement board authority and violation liability.
(a) The city special magistrate or code enforcement board shall have jurisdiction and authority to hear
and decide alleged violations occurring in the corporate limits of the city and when warranted levy
penalties. Proceedings before the special magistrate or code enforcement board shall be governed
by its rules and procedures.
(b) Any person or customer found guilty of violating any of the provisions of this article or any written
order of the city pursuant thereto, shall pay all penalties, costs and expenses involved in the case,
including reasonable attorney's fees. Notice of such violation shall be given by delivering the same to
the premises and a copy thereof sent by certified mail to the billing address. Each day upon which a
violation of this article occurs shall constitute a separate and additional violation.
(c) Any person or customer in violation of any provision of this article shall become liable to the city for
any expense, loss or damage incurred by the city by reason of such violation, including reasonable
attorney's fees and costs of correcting the unauthorized work, tampering or damage to the system.
(d) In addition to any penalty provided by law for the violation of any provision of this article, the city
may bring suit in the appropriate court to enjoin, restrain or otherwise prevent the violation.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 11-2004, § 2, 6-15-04; Ord. No. 11-2019, § 3, 6-18-19)
Cross reference— Code enforcement, § 2-246 et seq.
Sec. 78-196. - Public employees liability.
No provision of this article designating the duties of any city officer or employee shall be construed to
make such officer or employee liable for any fine or penalty for failure to perform such duty.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-197. - Areas embraced.
All territory within the city and the city reuse service area shall be governed by this division to the
extent permitted by law.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-198. - Cross -connection control.
The public water supply for the city is provided through a franchise agreement by the City of Cocoa.
Prior to connecting a user to the reclaimed water system, the public water supply shall be protected by
installation of an approved cross -connection control assembly in accordance with the city's cross -
connection control and inspection program and in accordance with the City of Cocoa's.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-199. - Unauthorized use.
No person shall allow any reclaimed water to be consumed by any human being or animal.
Additionally, no person shall use reclaimed water for any purpose which would knowingly endanger the
health of any person, animal or plant.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-200. - Adoption of chapter 62-610, F.A.C.
The construction, maintenance and use of the reclaimed water system of the city shall be in
accordance with the provisions of chapter 62-610, Florida Administrative Code. In the event any of the
provisions of chapter 62-610 are more restrictive than the provisions of the City Code, the applicable
provisions of chapter 62-610, FAC shall prevail.
(Ord. No. 8-95, § 1, 5-2-95)
Secs. 78-201-78-274. - Reserved.