Loading...
HomeMy WebLinkAboutcocc_council_mtg_packet_20201117CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 For viewing/participating in the Meeting remotely via GoToWebinar: Register at: https://attendee.gotowebinar.com/register/1024096536115298064 Listen at: +1 415-655-0060; Attendee Access Code: 946-709-717 AGENDA November 17, 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 OATHS OF OFFICE SELECTION OF MAYOR PRO TEM PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. INTERVIEWS/PRESENTATIONS 6:15 p.m. — 6:25 p.m. Anti -Hate Proclamation. Interview Applicant for appointment to the Planning and Zoning Board. (Susan Denny) CONSENT AGENDA 6:25 p.m. — 6:30 p.m. 1. Approve Minutes for October 20, 2020 Regular Meeting. 2. Resolution No. 2020-29; appointing a member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Susan Denny) 3. Approve the proposed 2021 City Council Regular and Budget Meeting Schedule. 4. Approve Project Agreement with Florida Inland Navigation District to obtain funding in the amount of $327,400 for construction of improvements to the City -owned estuary property located at the western end of Long Point Road and authorize City Manager to execute same. City of Cape Canaveral, Florida City Council Meeting November 17, 2020 Page 2 of 3 5. Approve Amendment No. 1 to Purchase Order No. 19005 to Kimley-Horn and Associates, Inc. in the amount of $72,423.46 for Construction Phase Engineering Services as part of the Headworks and Filter Improvements Project at the Water Reclamation Facility and authorize City Manager to execute same. 6. Authorize removal of one (1) Specimen Tree at 309 Madison Avenue at a mitigation ratio of one-to-one. PUBLIC HEARINGS 6:30 p.m. — 6:45 p.m. 7. Ordinance No. 05-2020; generally related to land use and zoning requirements; authorizing the operation of "Mobile Food Dispensing Vehicles" as a temporary accessory use in certain limited zoning districts in furtherance of Section 509.102(2), Florida Statutes and at special events and other locations authorized by the City; providing general standards for operating Mobile Food Dispensing Vehicles; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. 8. Ordinance No. 07-2020; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2019, and ending September 30, 2020; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, second reading. 9. Ordinance No. 08-2020; amending Chapter 94 - Signs; providing for amendments to electronic messaging signs; providing for amendments to Section 94-100 and Table 94-96-1 to include sign requirements specifically for the Public/Recreation (PUB/REC) zoning district; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. ITEM FOR ACTION 6:45 p.m. — 6:50 p.m. 10. Appoint a Council Member as the 2021 Alternate Voting Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition. ITEMS FOR DISCUSSION 6:50 p.m. — 7:00 p.m. 11. Dogs on the Beach (Submitted by Council Member Raymond) 12. Motorized Bikes, Scooters, Golf Carts on City Sidewalks (Submitted by Council Member Raymond) REPORTS 7:00 p.m. — 7:10 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 City of Cape Canaveral, Florida City Council Meeting November 17, 2020 Page 3 of 3 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 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 (High Definition Aud... feature is illustrated in the accompanying screenshot to the right. File. View Help _ ❑ U X Audio Sound Check 0 Computer audio 0 Phone call MUTED Microphone (HD Webcam C510) Speakers (High Definition Aud... 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 DRAFT OATH OF OFFICE I, Wes Morrison, do solemnly swear that I will support, protect and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida; and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Mia Goforth, CMC CITY CLERK Wes Morrison Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 17th day of November 2020 DRAFT OATH OF OFFICE I, Angela Raymond, do solemnly swear that I will support, protect and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida; and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Mia Goforth, CMC CITY CLERK Angela Raymond Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 17th day of November 2020 City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Presentations/Interviews Subject: Anti -Hate Proclamation. Department: City Council Summary: City Council Member Angela Raymond has requested to re -read, into the record, the City's Anti -Hate Proclamation, originally presented at the June 16, 2020 City Council Meeting, with the message "Residents need to be reminded of what we stand for in our City." Submitting Council Member: Angela Raymond Date: 11/04/2020 Attachment: City of Cape Canaveral Anti -Hate Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/04/2020 The City Manager recommends the City Council take the following action: Re -read the City's Anti -Hate Proclamation into the record. Approved by City Manager: Todd Morley Date: 11/04/2020 Official Proclamation City of Cape Canaveral, Florida WHEREAS, hate violence has become a daily occurrence and is increasing at epidemic rates across the nation; and WHEREAS, history has tragically taught us what happens when people stand by and allow acts of violence, hatred and injustice to occur; and WHEREAS, those that are exposed to such inequitable treatment often feel alienated, without hope and helpless to stand alone against the hate and aggression; and WHEREAS, on June 2, 2020, Isaac Salver, President of the Florida League of Cities, expressed deep and sincere sympathy to the family of George Floyd and deplored and repudiated the actions that led to the loss of life; and WHEREAS, the City of Cape Canaveral stands with the Florida League of Cities, President Isaac Salver, and other municipalities in echoing that sympathy to the family of George Floyd and of others that have suffered similar fates and deploring and repudiating the actions that led to the loss of life; and WHEREAS, the City of Cape Canaveral is committed to supporting the Florida League of Cities' pledge to work as a family of cities to respond to the call for equality being heard throughout our nation. NOW, THEREFORE, I, Robert F. Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim commitment to supporting the Florida League of Cities in its mission to create a framework for equitable communities and declare that THE CITY OF CAPE CANAVERAL STANDS AGAINST HATE Signed and Sealed this 15th Day of June, 2020 Robert Hoog, Mayor City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Presentations/Interviews Subject: Interview Applicant for appointment to the Planning and Zoning Board. (Susan Denny) Department: Community and Economic Development Summary: Ms. Denny has an extensive professional background in engineering, as well as experience with working on government boards representing large Florida counties. She is a resident of Cape Canaveral. Ms. Denny will be filling the remainder of a vacant, existing, unexpired term that will end September 15, 2023. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on the Applicant's interest and positive recommendation from the Planning and Zoning Board at its October 28, 2020 meeting, it is recommended Council interview Ms. Denny. Submitting Department Director: David Dickey Date: 11/09/2020 Attachments: 1 — Board Application — Susan Denny 2 — Board Recommendation Memo Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/09/2020 The City Manager recommends the City Council take the following action: Interview Applicant. Approved by City Manager: Todd Morley Date: 11/09/2020: Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. RECEIVED SEP 1 6 2020 BY: MG CCO A. GENERAL Please complete the following in the space provided: 1. Applicant Name: Susan Denny 2. Home Address: 236 Coral Dr, Cape Canaveral, FL 32920 3. Home and Cellular Telephone: 772-285-0189 4. Occupation: Retired Engineer 5. Business Telephone: 6. Business Address: 7. E-Mail: SusieKoz@comcast.net B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? X (Y) ) (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? X (Y) (N) 3a. Are you a Business owner: (Y) X (N) 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) X(N) 4b. If yes to 4a, have your civil rights been restored? 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) X(N) 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? initials SD (Y) ✓ (N) (Y) (N) X 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I would like to contribute to the local community. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. 1 Business and Economic Development Board c. Code Enforcement Board* d. 2 Community Appearance Board e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Represented Pratt & Whitney on Palm Beach County BDB, Economic Council and United Way Advisory Boards 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Engineer D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African -American Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Susan Denny Date: 9/13/2020 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 9/16/2020 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Attachment 2 City of Cape Canaveral Community and Economic Development 100 Polk Avenue P.O. Box 326 Cape Canaveral, FL 32920 321-868-1220 Memo TO: Cape Canaveral City Council FROM: Zachary Eichholz, Sustainability Program Manager and Resilience Planner VIA: David Dickey, Community and Economic Development Director DATE: November 4, 2020 RE: Recommendation to the City Council — Planning and Zoning Board Applicant Susan Denny At its October 28, 2020 Planning and Zoning Board Meeting, the Board interviewed Susan Denny to fill a vacancy. Based on Ms. Denny's background and professional experience, the Board unanimously recommended the vacancy be filled by Ms. Denny. Please let me know if you have any questions. Thank you. Cc: Todd Morley, City Manager Item No. 1 DRAFT CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday October 20, 2020 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. 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 and Economic Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director Public Works Services Deputy Director HR/Risk Management Director Community Affairs Manager Accountant Deputy City Clerk Brevard County Sheriff's Office Lieutenant Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Chief Canaveral Fire Rescue Deputy Chief Todd Morley Anthony Garganese (arrived 6:04 P.M.) Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Gustavo Vergara Jim Moore Tim Carlisle Melinda Huser Stephanie Johnson Jenny Coldiron Daniel LeFever Joanna Seigel Ross Torquato Dave Sargeant Christopher Quinn PUBLIC PARTICIPATION: Rhonda Breininger, resident and business owner, expressed concerns regarding spending and debt in the City. Discussion ensued and included support for City senior citizens, children and the financial standing of the City. Mayor Hoog stated he would remove audience members acting out of order. Discussion continued regarding pros and cons of taking on debt, City priorities of State Road A1A improvements, bikeable/walkable streets and taking care of these issues before building the Multi -Generational Facility, the Community Redevelopment Agency and ad valorem taxes, the role of the City Council and concerns over mistruths and misinformation in the community. Andrew Dodge, resident, expressed concerns City of Cape Canaveral, Florida DRAFT City Council Meeting — Hybrid October 20, 2020 Page 2 of 5 regarding the Multi -Generational Facility total costs and maintenance. Kay Jackson, resident, expressed concerns regarding the Multi -Generational Facility project costs and debt. PRESENTATIONS/INTERVIEWS: Presentation of check from State Senator Tom Wright, awarding the City of Cape Canaveral a $250,000 grant for construction of new headworks (influent filter system) and replacement of the sand filter system with disc filters at the City's Water Reclamation Facility: State of Florida Senator Tom Wright, District 14, presented Mayor Hoog a $250,000 grant check awarded from the State Legislature for City Water Reclamation Facility projects. Interview Applicant for appointment to the Culture and Leisure Services Board. (Anthony J. Divito): City Attorney Garganese confirmed the information contained in Mr. Divito's application was true and correct. Mr. Divito shared the reasons for his desire to serve. Council thanked Mr. Divito. CONSENT AGENDA: No Items were removed for discussion. 1. Approve Minutes for September 3, 2020 Special and September 15, 2020 Regular Meetings. 2. Resolution No. 2020-25; adopting the Brevard County 2020 Local Hazard Mitigation Strategy Multi -Jurisdictional Plan ("Plan"); supporting the County's pursuit of funding opportunities for the Plan; supporting continued participation in the Plan; providing for repeal of prior inconsistent resolutions, severability and an effective date. 3. Resolution No. 2020-26; reappointing a member to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Jared Saft) 4. Resolution No. 2020-27; temporarily reducing Commercial Recreational Franchise Fees due to the COVID-19 Pandemic Emergency until the Emergency Declaration adopted by the City Council pursuant to Resolution No. 2020-09 is terminated; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Resolution No. 2020-28; appointing and reappointing members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and a retroactive effective date. (Anthony J. Divito and Marlene Woodside) 6. Award bid for construction of improvements to West Central Boulevard to Gibbs and Register of Winter Garden, Florida in the revised bid amount of $1,651,816 and authorize City Manager to execute Construction Agreement for same. 7. Accept revised letterhead system that facilitates Americans with Disabilities Act (ADA) compliance, minimizes waste and reinforces the City's brand and history. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Brown, to approve the Consent Agenda. The motion carried 5-0. City of Cape Canaveral, Florida City Council Meeting — Hybrid October 20, 2020 Page 3 of 5 PUBLIC HEARINGS: DRAFT 8. 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, second reading: City Attorney Garganese read the title into the record. Discussion ensued and included adding language for two Council Members to schedule a public meeting between themselves. The Public Hearing was opened. Discussion continued. City Attorney Garganese advised Council the option to allow two Members to call or schedule their own meeting may be added elsewhere in the City Code. There being no comments, Public Hearing was closed. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to adopt Ordinance No. 03-2020, at second reading. The Motion carried 4-1, with Council Member Morrison voting against. PRESENTATION: Presentation of Proclamation to Unit Commander Brian Schneider and other representatives from the Space Coast Young Marines, declaring the week of October 23, 2020 through October 31, 2020 as Red Ribbon Week in the City of Cape Canaveral: Mayor Hoog presented the Proclamation to Commander, Corporal and Lance Corporal Schneider. The Commander and representatives each spoke about Red Ribbon Week and what they are doing to actively address drug -free living in their lives. 9. Ordinance No. 05-2020; generally related to land use and zoning requirements; authorizing the operation of "Mobile Food Dispensing Vehicles" as a temporary accessory use in certain limited zoning districts in furtherance of Section 509.102(2), Florida Statutes and at special events authorized by the City; providing general standards for operating Mobile Food Dispensing Vehicles; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading: City Attorney Garganese read the title into the record and reviewed the Item. Discussion ensued and included authorized uses for operating mobile food dispensing vehicles in common areas of a residential neighborhood, parking on pavement versus grass, noise from generators, minor site plan adjustments required for operation and eliminating or revising requirements. Community and Economic Development Director Dickey stated the Planning and Zoning Board unanimously approved the proposed Ordinance and it is the Council's role to determine what the regulations should be while protecting the health, welfare and safety of the public. Discussion continued regarding the definition of mobile food dispensing vehicles, potential effects of removing certain restrictions, full and minor Site Plan Processes, ensuring operators do not illegally dispose of cooking oil and other liquids, the need for limits so as not to adversely affect other businesses, the necessity of commissary services for the operation of food trucks, past mobile food vending in the City and liabilities. City Attorney Garganese advised Council to put aside the parking on pavement issue which is tied to and addressed in the next Item on the Agenda. City Manager Morley suggested striking the word "paving" and replace it with "approved parking surface". Mayor Hoog opened the Public Hearing. Bill Sloot, resident, expressed concerns regarding liability. The Public Hearing was closed. Discussion ensued regarding liability on private and public properties and allowing the mobile food dispensing vehicles to operate in residential areas. A motion was made by Council Member Kellum, seconded by Mayor Hoog, to approve Ordinance No. 05-2020, with amendments to come back at the second reading, at first reading. City City of Cape Canaveral, Florida DRAFT City Council Meeting — Hybrid October 20, 2020 Page 4 of 5 Attorney Garganese advised Council may pass the proposed Ordinance on first reading, direct Staff to research authorizing mobile food dispensing vehicles on single family lots and address insurance liabilities in the affidavit section. The Motion carried 4-1, with Council Member Morrison voting against. 10. Ordinance No. 06-2020; establishing alternative parking surfaces, sustainable green parking lot alternatives and bicycle parking requirements by amending Chapter 110 Zoning, Article IX, Division 2. — Off -Street Parking of the City Code; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record. Community and Economic Development Director Dickey reviewed the Item. Discussion ensued and included the importance of the policy, which is rooted in the vulnerability assessment workshops, the Planning and Zoning Board's unanimous support for the proposed Ordinance, significant policy changes to the size of a parking space, pervious and impervious parking, the challenges of parking in the City and effects on redevelopment, the proposed changes encourage pervious parking and maintenance of such placed on the property owners and desire to place the same commercial parking requirements across the City. The Public Hearing was opened. Oshri Gal, property and business owner, expressed support for the proposed revisions and concerns regarding soil percolation in Cape Canaveral. City Manager Morley confirmed soil located in the North-West area of the City is difficult to work with as a result of the use of dredged fill from the Banana River Lagoon years ago, indicating pervious pavement for parking needs to function properly when installed. Discussion continued on the need to move away from impervious pavement parking in the City. The Public Hearing was closed. A motion was made by Council Member Kellum, seconded by Council Members Morrison and Raymond, to approve Ordinance No. 06-2020 with amendments, at first reading. The Motion carried 5-0. Mayor Hoog recessed the meeting at 8:40 p.m. The meeting was reconvened at 8:46 p.m. 11. Ordinance No. 07-2020; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2019, and ending September 30, 2020; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Administrative/Financial Services Director DeLeo summarized the Item. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve Ordinance No. 07-2020, at first reading. The Motion carried 5-0. ITEM FOR ACTION: 12. Provide direction regarding implementation of Granicus, LLC, dba Host Compliance, Short -Term Rental (STR) compliance management software: City Manager Morley reviewed the Item. Discussion ensued and included how residents are upset, problems are Statewide, preemption by the State Legislature, the registry could be an excellent resource, everyone can co- exist with regulations in place, clarification of inconsistent number of rental units listed in the Agenda Item and identification of businesses without Business Tax Receipts. Host Compliance Account Representative Jean Chavannes reviewed the software and services provided. Discussion ensued regarding rental property owners' multiple listings, catching 7-day-minimum violations City of Cape Canaveral, Florida DRAFT City Council Meeting — Hybrid October 20, 2020 Page 5 of 5 and using searchable evidence in court. City Manager Morley expressed the desire to not hurt businesses but gain compliance. City Attorney Garganese indicated a desire to review the process further. City Manager Morley stated Staff hopes to have a contract by November. Discussion continued regarding the number of sites the company monitors being over 55 including Airbnb, Vrbo and HomeAway, feedback from the community regarding short-term rentals in the City, the service should help negate animosity between neighbors and the service will pay for itself and give Code Enforcement the tools they need to do their job. Rhonda Breininger, resident and property owner, explained her experience as a vacation rental owner and inquired what happens once the City receives information from the company. Community and Economic Development Director Dickey explained the violation process. Arlyn DeBlauw, resident and property owner, inquired about coordination with Homeowners Associations. Mr. Chavannes explained Associations typically have strict rules and do a great job on their own, but they can be notified of violations as well. Christopher Cloney, resident, expressed concerns including why Staff could not address these issues, due process and costs. Discussion ensued regarding the company's process, examples of evidence used, policing for profit and Council desire to see City Attorney Garganese's recommendation. City Attorney Garganese clarified that he does not prosecute cases but has provided guidance to Code Enforcement Staff and it may be worth his review of what evidence can be utilized from the service. A motion was made by Council Member Kellum, seconded by Council Member Raymond, to direct Staff to begin implementation as outlined in the Agenda Item. The Motion carried 5-0. ITEM FOR DISCUSSION: 13. Council Code of Conduct Article II. Sec. 2-28 City Code of Ordinances. (Submitted by Mayor Hoog): Mayor Hoog explained the Item. Discussion ensued regarding claims of Council Members' campaigning against the Multi -Generational Facility Project after it was approved by the City Council and possible violations of the Council Code of Conduct. City Manager Morley advised the Chair of the time and a required supermajority vote if Council desired to extend the meeting. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to extend the meeting an additional fifteen minutes. City Attorney Garganese advised Council Member Morrison there is no conflict of interest related to his participating in the discussion or voting on the motion. Motion carried 5-0. Discussion continued regarding statements made on social media by and about other elected officials and the City, not attacking City Council decisions and fellow Council Members on social media and possible Sunshine Law and Ethics violations for discussing City business on social media. Council Member Morrison read an email addressed to City Attorney Garganese into the record (attached herewith). Discussion ensued. City Manager Morley advised the Chair of the time at 10:15 P.M. Discussion continued regarding the Code of Conduct, the City Attorney's role and Council responsibility to manage itself. ADJOURNMENT: Due to the lateness of the hour, the Meeting was adjourned at 10:19 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk From: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Sent: Tuesday, October 20, 2020 4:21 PM To: Wes Morrison Subject: Fwd: Legal Opinion -Discussion Item 13 Wes Morrison City Council Member City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.CityOfCapeCanaveral.org Begin forwarded message: From: "Anthony A. Garganese" <aarganese@orlandolaw.net> Date: October 20, 2020 at 3:40:21 PM EDT To: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Subject: RE: Legal Opinion -Discussion Item 13 Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Hi Wes, Item #13 is the Mayor's discussion Item regarding the Council Code of Conduct. I have previously advised the Council that the Code states that Councilmembers are accountable to the City Council. The legal questions you pose don't even seem related to the discussion item. The role of the City Attorney is to represent the City acting through its governing body and city manager. I do not believe it is the role of the City Attorney to be substantively involved in either assisting councilmembers with preparing or responding to these agenda items, which unfortunately seem to be a recent common occurrence in Cape Canaveral. I hope you can respect my position on this issue. Regards, Anthony 1 GARGANESE I WEISS GWDS D'AGRESTA & SALZMAN ATTORNEYS AT LAW Garganese, Weiss, D'Agresta & Salzman, P.A. Anthony A. Garganese, Shareholder Board Certified in City, County & Local Government Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: sshell@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Wes Morrison [mailto:W.Morrison@cityofcapecanaveral.org] Sent: Tuesday, October 20, 2020 9:53 AM To: Anthony A. Garganese <agarganese@orlandolaw.net> Subject: [EXTERNAL] Re: Legal Opinion -Discussion Item 13 WARNING - EXTERNAL EMAIL: Ensure you trust this sender before clicking on any links or attachments. Please report any suspicious mail. Good morning, Anthony. Any chance you will be willing/able to provide some clarity on the questions below? Hoping to have something to review prior to the meeting at 6pm. Thank you, Wes Morrison City Council Member City Hall Office 100 Polk Avenue 2 Cape Canaveral, FL 32920 www.City0fCapeCanaveral.org On Oct 15, 2020, at 4:14 PM, Wes Morrison <W.Morrison@cityofcapecanaveral.org> wrote: Hello Anthony, I hope all is well! Would you please provide ASAP, and in any event prior to Tuesday's meeting, your written opinion on my four (4) questions below so that I may evaluate and prepare for Item #13 for Discussion on the Agenda. 1.) What is the limitation on my right of freedom of speech, if any, as an elected official under the Code of Conduct in Section 2-28 of the City of Cape Canaveral Ordinances? 2.) What is the limitation on my right of freedom of speech, if any, as a private citizen under the Code of Conduct in Section 2-28 of the City of Cape Canaveral Ordinances? 3.) What, exactly, is the mechanism of "forfeiture" of office under Section 2.07 of the Code of Conduct? 4.) Has the mechanism of "forfeiture" of office under Section 2.07 of the Code of Conduct been previously invoked and, if so, when and under what circumstances? Thank you, Wes Morrison City Council Member w.morrison@cityofcapecanaveral.org 321-593-2335 cell 321-868-1248 fax 105 Polk Avenue. P.O. Box 326 Cape Canaveral, FL 32920 www. cityofcapecanaveral . org Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 3 City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Item No. 2 Subject: Resolution No. 2020-29; appointing a member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Susan Denny) Department: City Clerk's Office Summary: At its October 28, 2020 Meeting, the Planning and Zoning Board interviewed Susan Denny to fill a vacancy and voted to recommend her for appointment. Ms. Denny will be filling the remainder of a vacant, existing, unexpired term that will end September 15, 2023. Following completion of this term, Ms. Denny will be eligible for reappointment to the Planning and Zoning Board, consistent with the limitations set forth in Section 2 171(f), City Code. It is now incumbent upon City Council to appoint a member to the Planning and Zoning Board. Submitting Department Director: Mia Goforth --- Date: 11/09/2020 Attachment: Resolution No. 2020-29 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/09/2020 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2020-29. Approved by City Manager: Todd Morley Date: 11/09/2020 RESOLUTION NO. 2020-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §58-56 established a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a member to the Planning and Zoning Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment. Pursuant to City Code §2-171(f), the City Council of the City of Cape Canaveral hereby appoints the following individual to the Planning and Zoning Board: Susan Denny shall be appointed to an existing, unexpired term on the Planning and Zoning Board, to serve until September 15, 2023. 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 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 17th Day of November, 2020. [Signature Page follows] City of Cape Canaveral Resolution No. 2020-29 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. 2020-29 Page 2 of 2 City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Item No. 3 Subject: Approve the proposed 2021 City Council Regular and Budget Meeting Schedule. Department: City Clerk's Office Summary: A yearly Meeting Schedule assists everyone in planning activities necessary to complete the City's business. The proposed Meeting Schedule (Attachment 1) was created utilizing current practices. The two Budget Hearings in September are contingent upon State of Florida Truth in Millage (TRIM) requirements and budget hearing schedules of the Brevard County Board of County Commissioners and the Brevard County School Board. Additionally, the first Tuesdays of the other eleven months are reserved should Council determine holding a meeting is necessary. One date that would normally be reserved, November 2, 2021, conflicts with a date listed on the City's 2021 Holidays and Other Notable Dates (Attachment 2). For this conflict, the following Thursday, November 4, 2021, is reserved. Attachment 2 also includes entries for Daylight Savings Time, as Congress has not amended U.S. Code, authorizing Florida's 2018 year-round Daylight Savings Time legislation. The City's Community Redevelopment Agency (CRA) Board is a legally distinct and separate entity from the City Council. However, the CRA Board Meeting schedule, approved by the CRA Board at its September 15, 2020 Regular Meeting, coincides with dates on the proposed City Council Meeting Schedule. For this reason, CRA Board Meetings are listed. Submitting Department Director: Mia Goforth ---. Date: 11/02/2020 Attachments: 1 — Proposed 2021 City Council Regular and Budget Meeting Schedule 2 — City of Cape Canaveral 2021 Holidays and Other Notable Dates Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/30/2020 The City Manager recommends the City Council take the following action: Approve the proposed 2021 City Council Regular and Budget Meeting Schedule. Approved by City Manager: Todd Morley Date: 11/02/2020 Attachment 1 CITY OF CAPE CANAVERAL 2021 City Council Meeting Schedule Agenda Cut-off at 4:30 PM Wednesday Agenda & Packet Due by Close of Business Tuesday Council Meeting (Tuesday unless otherwise noted) 01/05/2021 — Reserved* 01/06/2021 01/12/2021 01/19/2021 6:00 PM 02/02/2021 — Reserved* 02/03/2021 02/09/2021 02/16/2021 6:00 PM 03/02/2021— Reserved* 03/03/2021 03/09/2021 03/16/2021 6:00 PM CRA Board Meeting 5:30 PM if needed 04/06/2021 — Reserved* 04/07/2021 04/13/2021 04/20/2021 6:00 PM 05/04/2021 — Reserved* 05/05/2021 05/11/2021 05/18/2021 6:00 PM 06/07/2021 — Reserved* 06/02/2021 06/08/2021 06/15/2021 6:00 PM CRA Board Meeting 5:30 PM if needed 07/06/2021 — Reserved* 07/07/2021 07/13/2021 07/20/2021 6:00 PM Budget Workshop 5:00 PM 08/03/202 7 — Reserved* 08/04/2021 08/10/2021 08/17/2021 6:00 PM Budget Workshop 5:00 PM if needed 08/25/2021 08/31/2021 09/07/2021 5:30 PM 1st Budget Hearing Budget Hearing contingent upon TRIM requirements + scheduled budget hearings of the Brevard County Commission and School Board. Florida Law prohibits budget hearings on the same day. 09/08/2021 09/14/2021 09/21/2021 6:00 PM + 2nd Budget Hearing CRA Board Meeting 5:00 PM Budget Hearing contingent upon TRIM requirements + scheduled budget hearings of the Brevard County Commission and School Board. Florida Law prohibits budget hearings on the same day. 10/05/2021 — Reserved* 10/06/2021 10/12/2021 10/19/2021 6:00 PM 11/04/2021 — Reserved* (Thursday) 11/03/2021 11/09/2021 11/16/2021 6:00 PM CRA Board Meeting 5:30 PM (tentative) 72/07/2021 — Reserved* 12/08/2021 12/14/2021 12/21/2021 6:00 PM * These dates are reserved if a meeting is necessary. Agenda will be posted one week before the meeting. Approved by Council: Attachment 2 2021 Holidays + Other Notable Dates CITY OF CAPE CANAVERAL Friday 01/01/2021 New Year's Day 2021 City offices closed Monday 01/18/2021 Martin Luther King Jr. Day City offices closed Monday 02/15/2021 Presidents Day City offices closed Sunday-2 A.M. 03/14/2021 Begin Daylight Savings Set clocks forward + check smoke detectors Wednesday 04/21/2021 Administrative Professionals Day Begins 05/16/2021 National Public Works Week Monday 05/31/2021 Memorial Day City offices closed Begins 06/07/2021 Code Enforcement Officers Appreciation Week Monday 07/05/2021 Independence Day (observed) City offices closed Friday 07/16/2021 Park + Recreation Professionals Day Monday -Noon 08/02/2021 City Election Qualifying Period Begins For more info, contact the City Clerk's Office Friday -Noon 08/13/2021 City Election Qualifying Period Ends For more info, contact the City Clerk's Office Wednesday 09/01/2021 Building + Code Staff Appreciation Day Monday 09/06/2021 Labor Day City offices closed Tuesday 10/05/2021 National Night Out (tentative) Friday 10/15/2021 Boss's Day Tuesday 11/02/2021 Election Day For more info, visit VoteBrevard.com Sunday-2 A.M. 11/07/2021 End Daylight Savings Set clocks back + check smoke detectors Thursday 11/11/2021 Veterans Day City offices closed Thursday 11/25/2021 Thanksgiving Day City offices closed Friday 11/26/2021 Day after Thanksgiving City offices closed Thursday 12/23/2021 Christmas Eve (observed) City offices closed Friday 12/24/2021 Christmas Day (observed) City offices closed Friday 12/31/2021 New Year's Day 2022 (observed) City offices closed City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Item No. 4 Subject: Approve Project Agreement with Florida Inland Navigation District to obtain funding in the amount of $327,400 for construction of improvements to the City -owned estuary property located at the western end of Long Point Road and authorize the City Manager to execute same. Department: City Manager's Office Project History. The City -owned property located at the western end of Long Point Road consists of approximately 7.9 acres, including 4.8 acres of forested wetlands and 3.1 acres of mangrove swamp, that represent one of the last natural habitat areas within the City limits. The City, with funding from St. Johns River Management District (SJRWMD), continues to remove non-native plant species (primarily Brazilian pepper trees) which have displaced native plant species. As part of the property improvement process, the City planted over 300 species of native trees and shrubs across the site. By planting new vegetation, the City hopes to restore the property to its native habitat thus providing critical habitat for bird species including heron, ibis, spoonbill, osprey, brown pelican sea gull and other species. Future Activities. To further improve the property and make the riverfront accessible to residents, the City prepared plans for the development of a City park. Amenities proposed for the site include: • Small parking lot near the end of Long Point Road; • Boardwalk from the parking lot to the Banana River waterfront; • Kayak launch at the western end of the boardwalk (similar to the Banana River Park launch); • Improved drainage system at the end of Long Point Road; and • Educational kiosks located along the boardwalk with emphasis on environmental awareness and cultural history of the Ais Native Americans that lived in the Cape Canaveral area. A Construction Plan for the proposed City park is included as Attachment #1. Project Funding. To assist in the funding of this Project, the City applied for a grant from Florida Inland Navigation District (FIND) in early-2020, requesting $327,400. The City was notified of acceptance of the grant application in October 2020. The Grant requires (1) a 51% match from the City and (2) project completion by September 30, 2022. A copy of the proposed Project Agreement is included as Attachment #2. Jerry Sansom, the City's Governmental Affairs Consultant and FIND Commissioner, will be present at the Council Meeting to answer any questions concerning the Award. Submitting Department Director: Jeff Ratliff Date: 11/10/2020 Attachments: #1 — Construction Plan #2 - Florida Inland Navigation District Project Agreement Financial Impact: $327,400.00 in grant monies from FIND for construction of improvements to the City -owned estuary property located at the western end of Long Point Road and the remaining 51% ($340,762.25) funded by the General Fund; Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/10/2020 The City Manager recommends the City Council take the following action: Approve Project Agreement. Approved by City Manager: Todd Morley Date: 11/10/2020 Attachment 1 16.0. 24. 11111)101111)101)1111)11 Na. GRADES AT PAVILION GENERAL CONSTRUCTION NOTES: 1 LOPATIN DF BOOM LN TO BF FIELD STARED BY CRY IN CgLORWACE TO CITY TREE MONO PROM,. R. CONIWCTCR ID SALX CRY SIAM. PRIOR TO RD. 6. BOARCLUg LK DRAYNS 10 NWE BPS CCORgWTES ON ALL BOARDWALK RAMP RP 20-06 RP ]3-06 LEGEND: lA WILICAP WWNG SYMBOL ACM SIGN EASEMENT IS DESCRIBEDN 1 ORB 2279. PG TW TER OWutt i1.11/ N1 YE C-i FOR SECTION APPROX.. LNES MP) WT. FND SLUM me C PLR Iw as 501E trw N atss ASPWLT PAYNG FOR Ad ACCESS TYPE C MLR WON EX. ROAD GWio-xs CF SEE SHER c-4 SA. RKINSSMOULDER YOPNiOI1MD 1LL 80' GRAPHIC SCALE Ca. Informatim and PIRr.1-n zwu e err.aowux l.ia„ S<ak: AS NOTED Drawing Information Cbeckd by: JAP Approved by: JAP Dace 09102020 SITE AND BOARDWALK PLANS C.A. Na 30197 lobo A.Pek E.No.20559 seal Drawing NumIxr C 1 Attachment 2 COMMISSIONERS DON DONALDSON CHAIR ST. LUCIE COUNTY J. CARL BLOW VICE -CHAIR ST. JOHNS COUNTY JON NETTS TREASURER FLAGLER COUNTY FRANK GERNERT SECRETARY BROWARD COUNTY T. SPENCER CROWLEY, III MIAMI-DADE COUNTY DONALD J. CUOZZO MARTIN COUNTY CHARLES C. ISIMINGER PALM BEACH COUNTY VACANT VOLUSIA COUNTY MICHAEL O'STEEN DUVALCOUNTY JERRY H. SANSOM BREVARD COUNTY LYNN A. WILLIAMS NASSAU COUNTY VACANT INDIAN RIVER COUNTY MARK T. CROSLEY EXECUTIVE DIRECTOR JANET ZIMMERMAN ASSISTANT EXECUTIVE DIRECTOR FLORIDA INLAND NAVIGATION DISTRICT October 1, 2020 Mr. Jeff Ratliff, Capital Projects Director City of Cape Canaveral, Capital Projects 100 Polk Avenue Cape Canaveral, FL 32020 RE: Long Point Estuary Park (Project # BV-CC-20-148) Dear Mr. Ratliff: Enclosed, for your signature, is an original project agreement for your approved Assistance Program project for fiscal year 2020-2021. When signing the agreement, be sure to also complete the Exhibit C, Matching Funds Form in the agreement. Once the agreement has been executed, please return the original to me for execution by the District. If original signatures are not required on your part, the signed agreement may be scanned and emailed to JZimmerman@ aicw.orq Upon final signature by FIND's Executive Director, I will return a fully executed agreement to you for your files. Please note the projects first quarterly report (Exhibit F) will be due Dec 30, 2020. Other important grant deadlines and closeout requirements are listed in Exhibit G in the agreement. Should you have any questions please feel free to contact me at 561.627.3386 or JZimmerman@aicw.org Sincerely, Janet Zimmerman Assistant Executive Director ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9427 TELEPHONE 561-627-3386 FAX No. 561-624-6480 www.aicw.org FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. BV-CC-20-148 This PROJECT AGREEMENT ("AGREEMENT") made and entered into this day of , 20 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Cape Canaveral, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this AGREEMENT and Rule 66B-2 of the Florida Administrative Code (a current copy of which is attached as Exhibit "B"), the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Long Point Estuary Park. Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT' s headquarters. Any modifications to the PROJECT'S scope of work shall require written advance notice and justification from the PROJECT SPONSOR and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this AGREEMENT unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30, 2022 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board, whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30, 2023. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond September 30, 2022, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. 3. ASSISTANCE AMOUNT - Thc DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than Forty -Nine percent (49%) ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A. Project Cost Estimate ("PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $327,400.00. Any modifications to the PROJECT's Cost Estimate (Exhibit A) shall require written advance notice and justification from the PROJECT SPONSOR and the prior written approval of the DISTRICT, 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall., prior to the execution of this AGREEMENT, have provided the DISTRICT with suitable evidence of the availability of such funds using the DISTRICT`s Form 95-01 (Exhibit C, Matching Funds Certification) and. upon request. providing the DISTRICT with access to applicable books and records, financial statements. and bank statements. 5. PROJECT COSTS To be eligible for reimbursement under this AGREEMENT. PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must directly allocable thereto. PROJECT COSTS are generally described in Exhibit B, Chapter 66B-2. F.A.C... PROJECT COSTS must be incurred., and work performed within the PROJECT PERIOD, with the exception of pre-AGREEMENT costs. if any, consistent with Section 6 below, which are also eligible for reimbursement by the DISTRICT. If the PROJECT SPONSOR receives additional funding for the PROJECT COSTS from another source that was not identified in the original application and that changes the AGREEMENT MATCHING PERCENTAGE., the PROJECT SPONSOR shall proportionately reimburse the DISTRICT`s program funds equal to the MATCHING PERCENTAGE in this AGREEMENT. The PROJECT SPONSOR shall promptly notify the DISTRICT of any project payments it receives from a source other than the DISTRICT. 6. PRE -AGREEMENT COSTS-The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any 2 obligation or expenditure made prior to the execution of this AGREEMENT unless previously delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of this AGREEMENT, reimbursement for a PROJECT approved as Phase I project will be made only upon commencement of construction of the PROJECT for which the Phase I planning, designing, engineering and/or permitting were directed, which may or may not involve further DISTRICT funding. Procedures set forth below with respect to reimbursement by the DISTRICT are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this AGREEMENT. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of a photograph of the PROJECT showing the sign required by Section 18, and (5) a Final 3 Project Report as described in Exhibit G, Assistance Project Schedule. As part of the documentation accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects and surveyors with whom PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this AGREEMENT by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the full amount of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR, whereupon this AGREEMENT, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17, and 20, PROJECT SPONSOR acknowledges that breach by the PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if, as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach, the DISTRICT were required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17, or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek 4 specific performance and injunctive relief, and for purposes of determining whether to grant an equitable remedy any court will assume that the breach would cause the DISTRICT irreparable harm. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this AGREEMENT and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. PROJECT SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of this AGREEMENT, to act on behalf of the PROJECT SPONSOR relative to the provisions of this AGREEMENT. 13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F, Assistance Program Project Quarterly Status Report). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G, Assistance Project Schedule, may result in revocation of this AGREEMENT. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state, and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons, as well as all other federal, state and local laws, rules, and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES -Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 17. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years from the completion of the PROJECT, such dedication to be in the form of a deed, lease, management AGREEMENT or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT entrance of the completed PROJECT, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this section shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staff s recommendations. 19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by the PROJECT SPONSOR, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated 25-year life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 6 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners, and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND DUTIES - The rights and duties arising under this AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this AGREEMENT nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS - Waiver of a breach of any provisions of this AGREEMENT shall not be deemed a waiver of any other breach of the same or different provision. 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this AGREEMENT shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: City of Cape Canaveral Attention: Capital Projects Director, Capital Projects 100 Polk Avenue Cape Canaveral, FL 32020 26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 27. GOVERNING LAW - The validity, interpretation, and performance of this AGREEMENT shall be controlled and construed according to the laws of the State of Florida. 7 28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this AGREEMENT, other than another governmental entity that agrees to assume, in writing, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT including, but not limited to, any costs and reasonable attomey's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 29. ENTIRE UNDERSTANDING - This AGREEMENT, including any exhibits made a part hereof, embodies the entire AGREEMENT and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: Executive Director Date: WITNESSES: City of Cape Canaveral By: Title: Date: 8 EXHIBIT A FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2020 PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) Project Title: LONG POINT ESTUARY PARK Applicant: CITY OF CAPE CANAVERAL 1 Project Elements (Please list the MAJOR project elements and provide general costs for each one. For Phase I Projects, please list the major elements and products expected) Quantity or Total Estimated Cost (Number and/or Footage etc.) Applicant's Cost (To the nearest $50) FIND Cost (To the nearest $50) Pre -Approved Expenses (75%/25%) • Engineering Construction Plans / Mitigation for Dock $25,000 $18,750 $6,250 Construction Expenses (50%/50%) • Clearing/Access $5,000 $2,500 $2,500 • Boardwalk Stairs $10,000 $5,000 $5,000 • Covered Shelters (3) $30,000 $15,000 $15,000 • Dock (w/Decking); 480 s.f. $45,000 $22,500 $22,500 • Boardwalk System $481,300 $240,650 $240,650 • Observation Deck $50,000 $25,000 $25,000 • Stabilized Parking; 8 spaces $10,000 $5,000 $5,000 • Mobilization $7,000 $3,500 $3,500 • Erosion Control Turbidity Barrier $4,000 $2,000 $2,000 **TOTALS = $667,300 $339,900 $327,400 Form No. 90-25 (New 10/14/92, Revised 04-24-06) EXHIBIT B 2020 CHAPTER 66B-2 WATERWAYS ASSISTANCE PROGRAM 66B-2.001 Purpose 66B-2.002 Forms 66B-2.003 Definitions 66B-2.004 Policy 66B-2.005 Funds Allocation 66B-2.006 Application Process 66B-2.0061 Emergency Applications 66B-2.008 Project Eligibility 66B-2.009 Project Administration 66B-2.011 Reimbursement 66B-2.012 Accountability 66B-2.013 Acknowledgement 66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects 66B-2.0I5 Small -Scale Derelict Vessel Removal Projects 66B-2.016 Waterways Cleanup Events 66B-2.001 Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Formerly I6T-2.001. 66B-2.002 Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Formerly 16T-2.002. 66B-2.003 Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and economic parameters of the planning area. (13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (21) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the District's waterways to serve the infrastructure needs of the District's waterway users. (28) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (29) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. (30) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11. 66B-2.004 Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, maritime management plans, and boating safety projects directly related to the waterways. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule 66B-2.003, F.A.C. (2) Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (8) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board, Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. (10) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. 1-fistory—New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 2-22-10, 3-7-11, 3-7-12, 1-27-14, 2-17-15. 66B-2.005 Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date 1/2014), hereby incorporated by reference and available at: http://www.flrules.orgiGateway/reference.asp7No—Ref-03568 and available from the District office or by download from the District's webpage at: www.aicw.org. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in accordance with subsection 66B-2.005(7) and Rule 66B-2.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 66B-2.014, derelict vessel projects consistent with Rule 66B-2.0015, F.A.C., and Waterway Cleanup Projects approved under Rule 668-2.0016, F.A.C. Applicant's in-house costs are limited pursuant to paragraph 66B-2.008(1)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. (3) Pre -agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre - agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre -agreement costs are approved by the Board. Pre -agreement expenses will be approved if they are consistent with the provisions of Rule 66B-2.008, F.A.C., and occur within the fiscal year of the grant application submission (October 1st to September 30th). Pre -agreement expenses, except for projects approved by the Board as multi- year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of the approved pre -agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi -year projects. The Board shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 66B-2, F.A.C. (4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi -year basis can be made at any time during the application review process. All approved multi -year projects are limited to a maximum of two (2) additional funding requests. (5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161.161, F.S. Inlet management projects that are determined to be consistent, with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right -of -Way (ROW), or provide public navigation channel access to two or more publicly accessible launching, mooring or docking facilities. In addition, the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project. (b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated use. (7) Land Acquisition: Land acquisition projects that provide for commercial/industrial waterway access shall qualify for a maximum of fifty (50) percent funding. All other land acquisition projects shall qualify for a maximum of twenty-five (25) percent program funding. All pre -agreement expenses for land acquisition must be completed within one-year of the date of application for funding. All funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition, or the District may require the applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility for a minimum period of 25 years after completion of construction, the District shall require the applicant to refund the program funding. (8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History —New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98, 8-26-99, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 4-1-09, 3-7-11, 3-7-12, 4-10-13, 1-27-14, 5- 15-16. 66B-2.006 Application Process. (1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale Spoil Island Restoration and Enhancement Projects eligible Small -Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) (effective date 1/2014) are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small -Scale Spoil Island Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4- 24-06), hereby incorporated by reference and available from the District office. In addition, all applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information: A County location map, a project location map, a project boundary map, and a clear and detailed site development map for land development projects. (6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting the application to the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner's review. In the absence of extenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on Form No. 90-26. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 66B-2, F.A.C. (7) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163, F.S., or Section 374.984(6)(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre -agreement expenses, permitting and property control requirements. (8) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A) through (F) for Waterways Assistance Program applications. The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. Only Applicants that are eligible under Rule 66B-2.0061, F.A.C., "Disaster Relief Applications", shall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06, 1/2014). (10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T- 2.006, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11, 1-27-14. 66B-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 6-24-93, Amended 2-6-97, Formerly 16T-2.0061, Amended 4- 24-06. 66B-2.008 Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging; 2. Public navigation aids and markers; 3. Inlet management projects that are a benefit to public navigation in the District; 4. Public shoreline stabilization directly benefiting the District's waterway channels; 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access; 6. Waterway signs and buoys for safety, regulation or information; 7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities; 8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities; 9. Derelict Vessel Removal; 10. Waterways related environmental education programs and facilities; 11. Public fishing and viewing piers; 12. Public waterfront parks and boardwalks and associated improvements; 13. Maritime Management Planning; 14. Waterways boating safety programs and equipment; 15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and, 16. Environmental restoration, enhancement or mitigation projects; and, 17. Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 66B-2.005(5) or (6) or subparagraphs 66B-2.008(1)(a)1.-16., F.A.C., but are located on eligible waterways shall be considered for funding under the priority listing of "other waterway related project" and eligible for 25% funding. (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment, ball -courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat; 2. Restrooms for non -waterway users; 3. Roadways providing access to non -waterway users; 4. Parking areas for non -waterway users; 5. Utilities for non -waterway related facilities; 6. Lighting for non -waterway related facilities; 7. Project maintenance and maintenance equipment; 8. Picnic shelters and furniture for non -waterway related facilities; 9. Vehicles to transport vessels; and, 10. Operational items such as fuel, oil, etc. 11. Office space that is not incidental and necessary to the operation of the main eligible public building; and, 12. Conceptual project planning, including: public surveys, opinion polls, public meetings, organizational conferences; and, 13. Inlet maintenance. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph 1. above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine fire -fighting, Marine law enforcement and other vessels are eligible for a maximum of $60,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work shall be submitted along with the Phase I application for Board review. (2) Property Control: The site of a new proposed land -based development project, with the exception of those projects requesting Small -Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co -applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if: (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the District's final TRIM hearing. This demonstration will be by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a permit or authorization is not required. Should the environmental permitting element of an application that has construction elements requiring state or federal environmental permits or authorizations not be completed by the District's final TRIM hearing, the construction portion of the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM hearing, the District will not deviate from the funding schedule to accommodate any application deficiency. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such .a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its project life. (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for input in the planning process. (b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the community, and shall include, at minimum, the following: 1. Public boat ramp and ramp parking inventory and analysis. - 2. Public mooring and docking facility analysis, including day docks and transient slips. 3. Commercial and working waterfront identification and needs analysis. 4. The identification, location, condition and analysis of existing and potential navigation channels. 5. An inventory and assessment of accessible public shorelines. 6. Public Waterway transportation needs. 7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities. 8. Economic conditions affecting the boating community and boating facilities. 9. Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway. (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement projects. (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental restoration, enhancement or mitigation projects shall provide public access where possible. (7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History —New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9- 5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10, 3-7- 11, 3-7-12, 1-27-14, 2-17-15,2-21-16. 66B-2.009 Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project funding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report", dated 7-30-02, hereby incorporated by reference and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project, final cost, project benefits to the waterway and location address. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 66B-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by Rule 668-2.013, F.A.C. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Rulemaking Authority 374.976(2) FS. Law implemented 374.976(1) FS. Hisroly-New 12-17-90, Formerly 16T-2.009, Amended 3-21-01, 7-30-02, 3- 7-11, 1-27-14. 66B-2.011 Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02) hereby incorporated by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of: (a) The percentage total of project funding that the Board has agreed to fund, or (b) The maximum application funding assistance amount. (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost -share percentage, the project sponsor shall proportionately reimburse the District's program funds equal to the cost -share percentage in the approved project agreement. The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. Histoly-New 12-17-90, Amended 6-24-93, Formerly 16T-2.011, Amended 3-31-99, 7-30-02, 3-7-11. 66B-2.012 Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 66B- 2.009(8), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Formerly 16T-2.012, Amended 7-30-02. 66B-2.013 Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS, History —New 12-17-90, Formerly 16T-2.013, Amended 2-22-10. 66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02, Call for Proposals — Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in -kind contribution pursuant to paragraph 66B-2.014(4)(b), F.A.C. (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding: (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall include a map clearly delineating the location of all proposed work included in the application. (4) Funds Allocation: Funds shall be allocated pursuant to Rule 668-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. (b) The Project Sponsor may contribute in -kind construction labor; such in -kind construction labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. (5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sign a hold harmless waiver Form No. 02- 01 (New 7-30-02) as approved by the District and hereby incorporated by reference and available from the District office. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 7-30-02, Amended 4-24-06, 3-7-11. 66B-2.015 Small -Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program— Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year. (2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not -for -profit organization. (4) District funding shall be limited to $30,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C. (5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District's cost - share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11) The District Board shall make all final decisions concerning the provision of funding for this program. RulemakIng Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 4-24-06, Amended 4-15-07, 3-25-08, 3-7-11, 1-27-14. 66B-2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds, as well as the overall general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (10), below. (3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not -for -profit corporation. (4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10), below. (5) The District shall be recognized in all written, on-line, audio or video advertising and promotions as a participating sponsor of the clean-up program. (6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or beverages. (7) The District Board shall make all final decisions conceming the provision of funding for a clean-up program. In addition to the requirements stated above, acleanup program implementing all of the following additional incentives will qualify for up to additional $5,000 in clean up funds. (8) The clean-up program budget must provide equal orgreater matching funds for all Navigation District funding. (9) The applicant shall tally and report the composition and location of the vvau,rwoy'ro|otcd debris, with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris inthe waterway, or an increase in the number of additional waterway areas included in the clean up. (10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate u minimum of one waterway collection point or clean up area, or an applicant can conduct an additional waterway cleanup program for the waterway areas. 8olemokmgAuthority j74976(2) FS. Law Implemented 374.976(l) FS. History—New 3-7-11. Sponsor: EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Project Title: Project #: Source of Matching Funds: Amount of Matching Funds: I hereby certify that the above referenced project Sponsor, as of October 01, 2018, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT #: PROJECT SPONSOR: BILLING #: Amount of Assistance A. Less Previous Total Disbursements B . and Less Previous Total Retainage Held Balance Available Funds Requested This Disbursement Funds Requested c. Less Retainage (-10% unless final) D. Check Amount Amount of Assistance Less Total Prior and Current Payments Including all retainage held (A-B-C-D) = Balance Remaining SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "A") FIND - Form No. 90-14 (NOTE: Signature Required on Page 2) Effective Date 7-30-02) FIND - Form No. 90-14 Page Two EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "A") Certification for Reimbursement: l certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "A" of the Project Agreement. * Project Liaison Date *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND - Form No. 90-14 Effective Date 7-30-02) FLORIDA INLAND NAVIGATION DISTRICT ACH Authorization FORM CREDIT/DEBIT AUTHORIZATION FORM I (we) hereby authorize the Florida Inland Navigation District to initiate entries to my (our) checking /savings account at the financial institution listed below, and if necessary, initiate adjustments for any transactions credited/debited in error. This authority will remain in effect until the Florida Inland Navigation District is notified by me (us) in writing to cancel it in such time to afford the District and the financial institution a reasonable opportunity to act on it. (Name of Financial Institution) (Address of the Financial Institution -Branch, City, State, & Zip) Signature Date Name -PLEASE PRINT Name of Business/Agency Address -PLEASE PRINT Financial Institution Routing Number: Checking/Savings Account Number: These numbers are located on the bottom ofyour check as follows: I: 1234561: 0:12341567890 12II° ROUTING NUMBER ACCOUNT NUMBER EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and , dated , 20 , and that all funds were expended in accordance with Exhibit "A" and Paragraph 1 of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT http://www.aicw.org/assistance_programs/cooperative_assistance programs/docs/exhibit-f-status- report-95-02.docx PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct 1-Dec 20 ; Jan -March 20_ ; April -June 20 ; July -Sept 20 Report Due: (Dec 30) (March 30) (June 30) (Sep 30) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) EXHIBIT G ASSISTANCE PROJECT SCHEDULE OCTOBER 2010- Project Agreement Executed, Project Initiates. DECEMBER 30, 2020 First Quarterly Report Due. Use Quarterly Status Report Form Exhibit F http://www.aicw.org/assistance_programs/ - MARCH 30 2021- Second Quarterly Report Due. waterway_assistance_programs/index.php JUNE 30, 2021- Third Quarterly Report Due. SEPTEMBER 30, 2021 - Fourth Quarterly Report Due. DECEMBER 30, 2020 Fifth Quarterly Report Due. - MARCH 30 2022 - Sixth Quarterly Report Due. JUNE 30, 2022- Seventh Quarterly Report Due. NOTE: If the project will not be completed and all close out paperwork submitted by September 30th , a request for a 1-year extension of the completion date of the project should be submitted with the June 2022 quarterly report. SEPTEMBER 1-30, 2022 - Work on Closeout paperwork Closeout paperwork consists of : 1. Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), which certifies that the project was completed in accordance with the project agreement and the final project plans. 2. A final reimbursement request accompanied by all required supporting documentation including bills and canceled payment vouchers for expenditures. 3. Photograph(s) showing the installation of the sign required by Rule 66B-2.013, F.A.C. 4. Photograph(s) of the completed project clearly showing the program improvements. (jpg or tif format) 5. A Final Project Report (1-2 pages) that shall at minimum include: project name and address, project summary, final cost, and project benefits to the waterway. SEPTEMBER 30, 2022 - End of Grant. All work must be complete closeout paperwork submitted. October 2022- finish processing closeout paperwork, perform project inspection and submit final reimbursement check and coordinates check presentation with sponsor. NOTE: ANY MODIFICATIONS to the PROJECT shall require advance notice and prior written approval of the District. The appropriate timing for modifications to the project cost estimate, Exhibit A, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this agreement pursuant to Section 13 of the project agreement. EXHIBIT H http://www.aicw.org/studies and information/bids files plans logos/ logos.php#revize document center rz6 17 * ATLANTIC * FLORIDA INLAND NAVIGATION DISTRICT INTERACOASTAL City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Item No. 5 Subject: Approve Amendment No. 1 to Purchase Order No. 19005 to Kimley-Horn and Associates, Inc. in the amount of $72,423.46 for Construction Phase Engineering Services as part of the Headworks and Filter Improvements Project at the Water Reclamation Facility and authorize City Manager to execute same. Department: Capital Projects Background: In 2017, the City was severely impacted by Hurricane Irma as well as an unnamed storm that included over 10 inches of rain. These storms caused excessive inflow to the City's Wastewater Reclamation Facility (WRF), which is permitted to process a maximum of 1.8-million gallons per day (gpd). During/after Hurricane Irma and the unnamed storm, the WRF experienced inflow of over 4.0-million gpd, which included significant illicit discharges (i.e., contaminants) from throughout the City. Such large inflows impacted the effectiveness of the wastewater treatment process for an extended period of time resulting in Florida Department of Environmental Protection (FDEP) permit exceedances of both total nitrogen (TN) and total phosphorous (TP) in treated effluent. Due to these permit exceedances, FDEP issued Consent Order, Office of General Counsel ("OGC") No. 18-0916. City Council adopted Resolution No. 2018-08 at its July 17, 2018 Regular Meeting, authorizing the City Manager to execute the Consent Order with FDEP. Headworks and Filter Improvements Project. To comply with the Consent Order, a process evaluation of the WRF was performed and a Process Evaluation Report prepared. FDEP subsequently reviewed and approved the report as written without comment. The Process Evaluation Report included the recommendation to replace the WRF influent screens and sand filter system. Both current systems at the WRF consist of older technologies and are maintenance intensive. This Headworks and Filter Improvement Project, which was designed by Kimley-Horn and Associates, Inc. (Kimley-Horn), includes replacement of both the WRF influent screens and sand filter system. Replacement of the influent screens will eliminate a significant amount of solids entering the WRF from the City's lift stations; replacement of the sand filter system with a more reliable disc filter system will further improve WRF effluent water quality and significantly reduce maintenance costs. Project Status and Funding. Prior to the engineering design phase of the Project, it was unknown what future construction would entail. Kimley-Horn's engineering design fee approved in May 2019 excluded costs for Construction Phase Engineering Services. Now, with an approved design, Kimley- Horn is able to produce a Construction Phase Engineering Services estimate of $72,423.46. A copy of Kimley-Horn's scope of services and quote for Construction Phase Engineering Services is attached. This Project is fully funded through the City's State Revolving Fund (SRF) loan and is currently being publicly advertised for bids. The City also received a $250,000 grant from the State Legislature, thus providing additional project funding. Construction should begin in late -January 2021 with project completion in 8-10 months. WRF Status. Only one other major treatment process improvement project, replacement of the SCADA system, is scheduled for the WRF. Upon completion, the WRF will be nearly completely rebuilt since improvements performed in 1996, with future operational costs limited to routine maintenance. The major improvement projects completed to date include: City of Cape Canaveral City Council Meeting — November 17, 2020 Agenda Item No. 5 Page 2 of 2 • Rehab of the oxidation ditch; • Construction of a back-up oxidation ditch; • Rehab of the belt press system and building; • Installation of a second belt press; • Construction of a 2.5-million gallon reclaimed water tank; • Rehab of the main WRF building including the Laboratory; • Installation of an emergency back-up pump at the Intermediate Lift Station; and • Construction of all other improvements as listed in the Process Evaluation Report. Completion of these projects has allowed the City to meet its long-term goals of having a modern, technologically up-to-date WRF with treated effluent well below FDEP permit standards while operating with minimal maintenance. Submitting Department Director: Jeff Ratliff Date: 11/03/2020 Attachment: Amendment No. 1. Financial Impact: $72,423.46 for Construction Phase Engineering Services as part of the Headworks and Filter Improvements Project at the WRF awarded to Kimley-Horn and Associates, Inc. funded by the State Revolving Fund (SRF). Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/03/2020 City Manager recommends City Council take the following action: Approve Amendment No. 1 to Purchase Order No. 19005. Approved by City Manager: Todd Morley Date: 11/03/2020 Kimley»>Horn October 13, 2020 Mr. Jeff Ratliff Capital Projects Director City of Cape Canaveral 110 Polk Avenue Cape Canaveral, FL 32920 RE: Headworks and Tertiary Filtration Improvements Construction Services Amendment No. 1 to Purchase Order No. 18059 Dear Mr. Ratliff: Kimley-Horn and Associates, Inc. ("KH" or "the Consultant") is pleased to submit this letter agreement (the "Agreement") to the City of Cape Canaveral ("City" or "the Client") for consulting services associated with the Construction Services requested for the Headworks and Tertiary Filtration Improvements Project ("the Project"). Our project understanding, scope of services, schedule, and fee estimate are provided below. Project Understanding This letter agreement is provided to develop construction documents and plans suitable for bidding and construction. The Project includes the construction services associated with the upcoming construction of the headworks and filter improvements. The construction is expected to be completed within 12 months and these services include general administrative duties, progress reviews, and startup services as more specifically described in the scope of services. Scope of Services Task 1 — Construction Administration Services A. Shop drawing reviews B. Response to requests for additional information C. Unforeseen conflict resolutions D. Review and recommendation of Contractor change order requests E. Electrical and Structural Reviews Task 2 — Progress Meetings A. Coordinate and attend a pre -construction meeting. B. Coordinate and attend monthly progress meetings. (10 assumed) C. Review of monthly invoices (12 assumed) D. One site visit per month to correspond with progress meetings kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page E. Electrical Subconsultant attendance Task 3 — Startup Services F. Review or startup procedures and attendance at the startup testing. Expectation is three startups, one for each filter and one for the headworks. G. Certification of completion to FDEP H. Substantial Completion walkthrough and documentation I. Final completion walkthrough and documentation J. Electrical controls and instrumentation startup services K. Record Drawing preparation based on the Contractor provided as -built drawings Additional Services Any services not specifically provided for in the above Scope of Services, as well as any changes in the Scope of Services that the Client requests, will be considered additional services and will be performed at our then current hourly rates. Fee and Billing KHA will perform the Scope of Services outlined in Tasks 1-3 for the lump sum fee of $72,423.46. All permitting, application, and similar project fees will be paid directly by the Client. Individual task amounts are informational only and detailed below for budgetary purposes: TASKS FEE 1 Construction Administration Services $20,531.93 2 Progress Meetings $13,096.97 3 Startup Services $15,634.56 4 Electrical Subconsultant $23,160.00 TOTAL $72,423.46 Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. Payment will be due within 25 days of your receipt of the invoice. kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando FL 32801 407 898 1511 Kimley»>Horn Closure Page 3 In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to City of Cape Canaveral. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us for our files. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Steve Romano, PE Associate Jay Jackson, PE Principal kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando FL 32801 407 898 1511 CITY OF CAPE CANAVERAL HEADWORKS AND FILTRATION IMPROVEMENTS CONSTRUCTION SERVICES LABOR HOUR AND FEE BREAKDOWN Task # Subtask Name/Description Direct Labor (Person -Hours) TOTAL COST Principal $ 245.00 Sr. Prof $ 186.00 Prof $ 140.00 Analyst $ 120.00 Designer $ 150.00 Support $ 67.00 Expense Allocation Total 1 Construction Administration Services 1.20 Shop Drawing Rcvicw 2 4 8 32 1.21 Responses to Requests for Additional Information 2 6 20 1 1.22 Unforeseen Conflict Resolution 2 4 8 10 1 1.23 Review and Recommendation of Change Orders 2 4 16 10 1 Subtotal (Hours) 8 18 52 32 20 3 Task Total (Dollars) $ 1,960.00 $ 3,348.00 $ 7,280.00 $ 3,840.00 $ 3,000.00 $ 201.00 $ 902.93 $ 20,531.93 2 Progress Meetings Pre -construction meeting 1 2 1 Monthly progress meetings (10) 10 4 20 4 Monthly invoice review (12) 20 1 Monthly site visit (12) 20 Subtotal (Hours) 11 4 62 0 11 6 Task Total (Dollars) $ 2,695.00 $ 744.00 S 8,680.00 $ - S - S 402.00 $ 575.97 $ 13,096.97 3 Startup Services 3.01 Equipment startup services 8 8 24 3.02 Certification to FDEP 1 2 1 3.03 Substantial Completion Walkthrough 4 4 1 3.04 Final Completion Walkthrough 4 4 1 3.05 Record Drawing Preparation 1 8 20 1 Subtotal (Hours) 17 9 40 2 20 4 Task Total (Dollars) $ 4,165.00 S 1,674.00 S 5.600.00 S 240.00 S 3.000.00 $ 268.00 $ 687.56 $ 15,634.56 Principal Sr Engineer Engineer Field Superintendant $ 225.00 $ 160.00 $ 130.00 $ 110.00 4 Electrical Inspeciton Services 4.01 Shop Drawing Review 12 24 4.02 Issue Clarifications/Meetings 16 32 4.03 Site Visits 12 16 24 Subtotal (Hours) 40 72 0 24 0 Task Total (Dollars) $ 9,000.00 $11,520.00 $ - $ 2,640.00 S 23,160.00 PROJECT TOTAL $ 72,423.46 City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Item No. 6 Subject: Authorize removal of one (1) Specimen Tree at 309 Madison Avenue at a mitigation ratio of one-to-one. Department: Community and Economic Development Summary: On August 18, 2020, Turnkey Construction contacted Code Enforcement Staff regarding the removal of a Specimen Tree in order to build a single-family house located at 309 Madison Avenue, Cape Canaveral. City Code Sec. 102-41 requires that Specimen trees shall be preserved or relocated on site to the greatest extent feasible. However, when City Council is presented with a request to consider the removal of a Specimen Tree, this section of Code requires City Council to consider five points: 1. Whether the site design, as determined by a pre land -clearing inspection, are feasible to allow the use permitted, as established by the applicable zoning district regulations. Streets, rights -of -way, easements, utilities, lake perimeters and lot lines shall be shifted whenever possible to preserve trees. 2. Whether the specimen tree is located within the footprint of the proposed structure or if more than one-third of the specimen tree canopy would be required to be removed in order to accommodate the proposed structure, and whether or not it is feasible to relocate the structure. 3. Whether the location of the specimen tree prevents any access to the property from a publicly dedicated and maintained roadway, or whether the tree constitutes a hazard to pedestrian or vehicular traffic that cannot be mitigated without removing the tree. 4. Whether the location of the specimen tree interferes with or prevents the construction of utility lines, drainage facilities, roadways or required vehicular use area which cannot be practically relocated or rerouted. 5. Whether the specimen tree is diseased, weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements or other trees. In this particular case, the subject specimen tree qualifies for removal under Paragraph #2, above. On September 29, 2020, the City Arborist conducted a site inspection and verified the tree proposed to be removed is a Live Oak and a Specimen Tree. An Application for Tree Removal was submitted by Turnkey Construction on October 12, 2020 (Attachment 1). The City Arborist submitted a Tree Hazard Evaluation Form (Attachment 2). The tree has a diameter at breast height (dbh) of thirty-five (35) inches, is approximately forty-five (45) feet in height and has a sixty-five (65) foot canopy spread. The Arborist's report indicated, at the time of inspection, the tree was in good health. Sec. 102-41(b) of the City's Code indicates: "Notwithstanding any other provision of this division, specimen trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the city council. As a condition of removal of any specimen tree, the city council shall have the right to require that replacement trees be planted or a contribution to the tree bank be made [...]" City of Cape Canaveral City Council Meeting — November 17, 2020 Agenda Item No. 6 Page 2 of 2 As indicated by the attached Site Plan/Survey (Attachment 3), the Specimen Tree is located in the footprint of the proposed house, which necessitates its removal. Therefore, mitigation is required per Sec. 102-41(b). Staff recommends City Council authorize removal of the Specimen Tree, with the required mitigation completed by the time of issuance of Certificate of Occupancy for the proposed home. Staff recommends removal of the tree be mitigated at a ratio of one-to-one which can be in the form of a contribution to the City's Tree Bank or planting of replacement trees. The Applicant has indicated on the application that he does not wish to plant any more trees onsite, therefore, he will be required to pay into the tree bank. As the specimen tree is healthy and does not pose a danger to persons or property, it is not subject to 163.04, F.S. "Tree pruning, trimming, or removal on residential property." Thus, the City has authority to grant, deny or require mitigation for authorization for removal of the tree. Submitting Department Director: David Dickey Date: 11/10/2020 Attachments: 1 — Tree Removal Application/Site Photos 2 — Tree Hazard Evaluation Form 3 — Site Plan/Survey Financial Impact: Staff time and effort to complete this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/10/2020 The City Manager recommends the City Council take the following action: Authorize removal of one (1) Specimen Tree located at 309 Madison Avenue at a mitigation ratio of one-to-one. Approved by City Manager: Todd Morley Date: 11/10/2020 Attachment 1 CITY OF CAPE CANAVERAL 100 POLK AVENUE CAPE CANAVERAL, FL 32920 (320 868-1220 phone (321) 868-1247 fax b.palmer@cityofcapecanveral.org Application Date: APPLICATION FOR TREE REMOVAL City of Cape Canaveral Code of Ordinances Section 102-39 (a) PROPERTY INFORMATION Site Address: # 309 Madison Ave Cape Canaveral 32920 Street City Zip Owner's Name:Last Gallee llc First Telephone Number Owner's Address: # Street City Zip 400 Harbor Dr Cape Canaveral 32920 CONTRACTOR'S INFORMATION (APPLICANT) Qualifier Name: Gressani. Chad Last First Owner/Builder CGC061042 License # Company Name: Turnkey Construction Address: 3995 Harlock Rd Melbourne FL 32920 # Street City Zip Fax #: N/A Phone #: 321-403-3263 E-Mail: Cocoabeach123@aol.com XSingle Family Residence ❑Townhorne ❑Apartment ❑ Other PROJECT INFORMATION Please clarify the reason tree(s) must be removed: Tree removal Trees are located in the footprint where the new house wil! be going. See Survey Do you plan to replant? Please Describe: No. A bunch of trees will still be on the lot How many trees do you plan to replant: N/A Notes: d.b.h_ is diameter at breast height (4 1/2. feet above grade) Caliper is the measurement of a tree 12 inches from the soil level. A Specimen Tree is one with a 24" or greater caliper measurement. City Council shall have final approval authority for the removal of Specimen Trees. *The property owner may select to hire their own certified arborist or Florida licensed landscape architect and obtain documentation that the tree presents a danger to persons or property, without first applying for or obtaining a permit from the city. *If the property owner or contractor would like to utilize the City Arborist, the City Arborist must complete his tree report prior to any tree removal. *ALL trees to be removed must be marked prior to the City Arborists inspection. Intl. CG FORM DATE: 7/30/2019 PAGE 1 of 2 FORM: APPL. APPLICANT'S AFFIDAVIT Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. I certify that no work or installation has commenced prior to the issuance eta permit and that all work will be performed to meet the standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shalt be posted on -site until all tree removal activiities are complete. By signing, applicant affirms that all above is true and correct and that he/she is an authorized agent of the Contractor and/or the Owner and has the authority to apply for this permit. Signature: Contractor/Applicant Date: 10/12/20 State of Florida County of Brevard Subscribed and sworn to before me this 12 day of October , 2020, personally who is personally known to me or produced and who did/did not take an oath Notary Public Signature Seal Notary Public State of Florida Brandy Torres My Commission GG 186918 Expires 02/18/2022 DISCLAIMER: CS/HB 1159 (1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. FORM DATE: 7/30/2019 PAGE 2 of 2 FORM: APPL. • ,•.4 Attachment 2 A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition Site/Address: 309 madison ave. Map/Location: Owner: public private X unknown other Date: 9/29/20 Inspector: City of Cape Canaveral - Tim Davis Date of last inspection:Unknown HAZARD RATING: 1 + 4 + 4 = 9 Failure + Size + Target Potential of part Rating Immediate action needed Needs further inspection Dead tree = Hazard Rating TREE CHARACTERISTICS Tree #: 1 Species: Quercus virginiana " Live Oak " DBH: 35 in. # of trunks: 1 Height: 45 ft. Spread: 65 ft. Form: ❑✓ generally symmetric ❑minor asymmetry ❑ major asymmetry ❑stump sprout ❑stag -headed Crown class: ✓❑ dominant ❑ co -dominant ❑intermediate ❑suppressed Live crown ratio: 100 % Age class: ❑ young ❑ semi -mature ✓❑mature ❑over-mature/senescent Pruning history: ❑crown cleaned I: excessively thinned topped ❑crown raised ❑pollarded❑crown reduced ❑flush cuts ❑cabled/braced none ✓❑ multiple pruning events Approx. dates: Unknown Special Value: ✓❑specimen x ❑ heritage/historic ❑wildlife ❑ unusual ❑street tree ❑ screen ❑shadeX indigenous X protected by gov_ agency TREE HEALTH Foliage color. ✓❑normal ❑chlorotic ❑necrotic Epicormics? YXN© Foliage density: X normal ❑ sparse Leaf size: ✓❑ normal ❑ small Annual shoot growth: ❑ excellent 0 average ❑ poor Twig Dieback? YN-X) Woundwood development: ❑excellent X average poor ❑ none Vigor class: ❑excellent X average ❑fair ❑ poor Major pests/diseases: None at the time of my inspection. SITE CONDITIONS Site Character ✓❑residence ❑commercial ❑industrial ❑ park ❑open space ❑ natural ❑woodlandlforest Landscape type: ❑ parkway Praised bed ❑ container ❑ mound X lawn ❑ shrub border ❑ wind break Irrigation: X none ❑ adequate ❑ inadequate ❑excessive ❑ trunk welled Recent site disturbance? Y©N-X ❑construction ❑soil disturbance ❑grade change ❑line clearing ❑site clearing % dripline paved: 0% 0 10-25% 025-50% X-50-75% 075-100% 0 Pavement lifted? Y N-X % dripline w/fill soil: 0% -X 0 10-25% 025-50 050-75% 075-100% dripline grade lowered: 0%❑ 10-25% X-25-50% X-50-75% 075-100% ❑ Soil problems: ❑ drainage ❑ shallow ❑compacted❑✓ droughty ❑ saline X- alkaline ❑acidic ❑small volume ❑disease center ❑ history of fail clay ❑expansive ❑slope ° aspect: Obstructions: lights ❑signage ❑line -of -sight ❑view ❑overhead lines ❑underground utilities ❑traffic ❑adjacent veg. ❑✓ None Exposure to wind: ✓❑ single tree ❑ below canopy ❑ above canopy ❑ recently exposed ❑ windward, canopy edge ❑area prone to windthrow Prevailing wind direction: East Occurrence of snow/ice storms X-never ❑seldom ❑ regularly TARGET Use Under Tree: ❑ building parking ❑traffic ❑pedestrian ❑recreation ❑ landscape ❑ hardscape ❑ small features ❑ utility lines Can target be moved? Y N-X Can use be restricted? Y N-X Occupancy: ❑occasional use ❑intermittent use ❑frequent use ❑✓ constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y N-X Mushroorn/conk/bracket present: Y N-X ID: Exposed roots: ❑ severe ❑ moderate ✓❑ low Undermined: ❑ severe ❑ moderate X-low Root pruned: 0 ft. distance from trunk Root area affected. 0 % Buttress wounded: Y N-X When: Restricted root area: ❑severe ❑ moderate ✓❑ low Potential for root failure: ❑severe ❑moderate X-low LEAN: - deg, from vertical X-natural ❑unnatural ❑self -corrected Soil heaving: Y N-X Decay in plane of lean: Y N-X Roots broken Y N-X Soil cracking: Y N-X Compounding factors: Specimen Tree. Lean severity: ❑severe ❑moderate ✓❑ low CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe, m = moderate, I = low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper L L L L Bow, sweep L L L L Codominants/forks N/A L L L Multiple attachments L L L L Included bark L L L L Excessive end weight N/A L L L Cracks/splits L L L L Hangers N/A L L L Girdling L L L L Wounds/seam L L L L Decay L L L L Cavity L L L L Conks/mushrooms/bracket L L L L Bleeding/sap flow L L L L Loose/cracked bark L L L L Nesting hole/bee hive L L L L Deadwood/stubs L L L L Borers/termites/ants L L L L Cankers/galls/burls L L L L Previous failure L L L L HAZARD RATING Tree part most likely to fail: Healthy tree. Inspection period: Failure Potential + Size of Part + Target Rating = Hazard Rating 1 + 4 + 4 9 Failure potential: 1 - low; 2 - medium; 3 - high; 4 - severe annual biannual other 1 time. Size of part: 1 - <6" (15 cm); 2 - 6-18" (15-45 cm): 3- 18-30" (45-75 cm); 4 - >30" (75 crn) Target rating: 1 - occasional use; 2 intermittent use; 3 - frequent use; 4 - constant use HAZARD ABATEMENT Prune: ❑remove defective part reduce and weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce ❑restructure ❑shape inspect further: root crown ❑decay ❑ aerial ❑ monitor Cable/Brace: Remove tree: Y-X N Replace? Y-X N Move target: Y N-X Other: Effect on adjacent trees: ✓❑ none Devaluate Notification: X-owner ❑✓ manager ✓❑governing agency Date: 9/29/20 COMMENTS_ The tree i inspected today was a Specimen Live Oak. At the time of my inspection, this tree was in good health with no hazards. Thank you, Tim Davis FLO509A DAVID A. BLOCK SURVEYING & MAPPING Attachment 3 BOUNDARY SURVEY OF: LOT 4, BLOCK 21 AS SHOWN ON THE PLAT OF AVON BY THE SEA AS RECORDED IN PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. 12• TREE LOT 3 BLOCK 21 MADISON AVE CORNER TO BE SET U 0 z CORNER TDB BE SET LOT 11 BLOCK 21 NOTE: ELEVATIONS ARE BASED ON NCW1929 DATUM. 446' PUBLIC RIGHT—OF—WAY) IRO 8,0' PRO0O5[D CONC. DRIVEWAY Ir P PROPOSED RESIDER MADISON AVE FINISH FLOOR EL€VATION=MOB b (IB" ABOVE CL OF ROAD; 22.3" 30 OAR PALM CLUSTER 8 PRTPOOE31 P000I LOT 4 Ir PAL 9 BLOCK 21 2" CONC. CURB-, 8 0' - PLASTIC FENCE (0.3'E) TO 50.00'(P) N69'55'46"E 50.00'(C) tas"s]o3 ) g LOT 12 +ti BLOCK 21 +• R 15 U it1 CL N 0 0 w 0 z x 9.3 LOT 5 BLOCK 21 FINISH FLOOR ELEVATION=10.88 b' PLASTIC FEIICE/6' W.F. (0.2'S1(0.9'L) CORN-M TO BE SET LOT 13 `1' BLOCK 21 50.00'(P) N 90'00'00"E MOO' (C) LEGEND (MA) C.B. C.B.S. C.LF. COL CONC. CDR. COW (0) ID I.R. UJ LS (M) R&D (P) PC PT PL PRE P.U.td1. RJW (TYP.) w.F ALSO MOAN AS CERTERUNE CONCRETE BLOCK CONCRETE BLOC% STRUCTURE Omni URIC FENCE CLEAR CONCRETE MONUMENT CONCRETE CORNER D€LTA D DEED FOUND IDENTDTCATODN IRON PIPE WON ROD LENGTH UCENSE BUSINESS uCENSE SURVEYOR MEASURED HAf1 & DISx PUTTED POINT OF CURVATURE POINT or TANGENCY PROPERTY UNE PROFESSIONAL SURVEYOR * MAPPER POINT OF REVERSE CURVE PUOUC UTEJTY & DRAINAGE RAMS RIGHT--OF-WAY TYPICAL wOOD FENCE CERTIFIED TO: TURNKEY CONSTRUCTION CE$CgFIED BY: .L"ilaa SURVEYOR'S NOTES: 1) NE BEARINC SYSTEM SHOWN HEREON I5 BASED ON A ASSUMED BEARING 0f "R-(NBC14lT.INt85F iti ..4r► :t4 N.90.00"00-E.. ALONG NE SOUTH RIGHT-OF-WAY LINE OF MADISON AVE. 2) AS PER FLOOD INSURANCE RATE MAP N0.12009C 0383 0, INDEX DATED 03-17-2014, THE ABOVE DESCRIBED PROPERTY LIES IN ZONE If. 3) THIS SURVEY WAS PREPARED FROM TITLE INFORMATION PROVIDED TO THE SURVEYOR, THERE MAY DE ADDITIONAL RESTRICTIONS OR EASEMENTS THAT AFFECT THE PROPERTY. 4) This TRACT CONTAINS 5.25D SOUARE FEET OR 0.14 ACRES OF LAND MORN OR LESS. 5) UNDERGROUND UTILITIES AND FOUNDATIONS HAVE NOT BEEN S1i0WN. 5) NOT VALID WITHOUT SIGNATURE AND THE ORIO NAL RAISED SEAL OF A FLORIDA UCENSEO SURVEYOR AND MAPPER. LIABIUTY SNAIL NOT EXCEED THE TOTAL AMOUNT PAIO TO ENE SURVEYOR BY 1HE CLIENt r uk.. Ott "1 f y1 1-T dhlpc @thll:! SCALE' 1" = 20' DATE: 08/27/2020 SHEET: 1 OF 1 PROJECT: 19-029c REVISION: City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Item No. 7 Subject: Ordinance No. 05-2020; generally related to land use and zoning requirements; authorizing the operation of "Mobile Food Dispensing Vehicles" as a temporary accessory use in certain limited zoning districts in furtherance of Section 509.102(2), Florida Statutes and at special events and other locations authorized by the City; providing general standards for operating Mobile Food Dispensing Vehicles; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Community and Economic Development Summary: At its December 13, 2017 Regular Meeting, the Planning and Zoning (P&Z) Board discussed an item related to Mobile Food Dispensing Vehicles (MFDV), to include City policy which did not allow the operation of MFDVs, other than at City approved Special Events (see definition in Sec. 110.584-1 of proposed ordinance), such as Friday Fest or events approved through the City's Outdoor Entertainment Event process for commercially -owned private property (e.g. Florida Beer Company's Beerapalooza). Following the discussion, the Board reached a consensus to recommend no change to City policy related to MFDVs. With an effective date of July 1, 2020, the Florida Legislature enacted Section 509.102, Florida Statutes that provides a limited preemption regarding the operation of MFDVs in Florida municipalities. It is limited in that a municipality may not require a separate license, registration or permit other than that required by the State or require the payment of any license, registration or permit fee other than that required by the State. Furthermore, the preemption establishes a municipality may not prohibit the operation of a vehicle within the entirety of its jurisdiction. However, despite the legislation, the City maintains a high-level of home rule power with respect to its ability to regulate land use, and in particular, the operation of MFDVs within City limits. To recognize the provisions contained in Section 509.102, the City Attorney has prepared an Ordinance (Attached) to authorize the operation of MFDVs as a temporary accessory use in certain limited zoning districts. Highlights of the proposed locational guidelines include: • As an accessory, temporary use on property zoned C-1, C-2 or M-1. • To deliver food for sale during normal lunch or dinner hours to on -site employees of a business located on property zoned C-1, C-2, or M-1. • On public or private school property during a school -sponsored event. • On City property or a public road during a Special Event, approved by the City, open to the general public. • On private property during a Special Event, approved by the City, which is private or open to the public. Highlights of the operational standards include: • When operating on private property, a notarized affidavit signed by the property owner is required. • The property must be a developed site. • A MFDV may operate at a single location no more than three (3) consecutive days. A MFDV selling food during lunch or dinner hours is not subject to this standard. • Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. City of Cape Canaveral City Council Meeting — November 17, 2020 Agenda Item No. _7 Page 2 of 2 • The MFDV shall operate on a paved surface and not exceed 600 square feet. • Unless specifically authorized by the City's Special Event Permit, outdoor dining areas are prohibited to include tables, chairs, benches, etc., unless • The operation of a MFDV shall not interfere with vehicular or pedestrian traffic. • No additional signage other than that which is affixed and displayed on the MFDV is allowed. • Amplified music or other sounds for purposes of attracting customers is not allowed. • A MFDV shall not discharge waste, fat, oil, grease or similar substance from the vehicle. • A copy of all applicable license(s) shall be maintained on the MFDV at all times. • The operation of a MFDV on private property must be within an area specifically authorized for accessory temporary outdoor sales on a previously approved site plan. If there is no specific authorization, the property owner shall be required to obtain supplemental site plan approval pursuant to Chapter 110, Article VI of City Code. Such approval shall include the submittal of a site plan detailing, among other things, the proposed location of the MFDV on the property. A MFDV selling food during lunch or dinner hours is not subject to this standard. Due to the passage of Section 509.102 Florida Statutes, it is no longer sustainable to maintain an outright ban of MFDVs within the City limits. It is incumbent on the City to adopt reasonable locational and operational standards to provide for this use while exercising its land use controls to ensure the public's health, safety and welfare. At its September 24, 2020 Regular Meeting, the Planning & Zoning Board unanimously recommended approval of Ordinance No. 05-2020. At its October 20, 2020 Regular Meeting, the Council requested Staff to research authorizing MFDV's on single family lots as well as address insurance liabilities in the required affidavit. To that end, the City Attorney has revised the proposed Ordinance (see Sec. 110-584.1 (c)(6)) to include the allowance for a MFDV to operate on a single or multi -family residential property with certain conditions and that the required affidavit includes specific language that indemnifies the City. The Notice of Hearing was placed for advertisement in Florida Today on November 5, 2020 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 11/20/2020 Attachment: Ordinance No. 05-2020 Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/10/2020 City Manager recommends City Council take the following action: Adopt Ordinance No. 05-2020, second reading. Approved by City Manager: Todd Morley Date: 11/10/2020 1 ORDINANCE NO. 05-2020 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, GENERALLY RELATED TO LAND USE AND 5 ZONING REQUIREMENTS; AUTHORIZING THE OPERATION OF 6 "MOBILE FOOD DISPENSING VEHICLES" AS A TEMPORARY 7 ACCESSORY USE IN CERTAIN LIMITED ZONING DISTRICTS IN 8 FURTHERANCE OF SECTION 509.102(2), FLORIDA STATUTES AND AT 9 SPECIAL EVENTS AND OTHER LOCATIONS AUTHORIZED BY THE 10 CITY; PROVIDING GENERAL STANDARDS FOR OPERATING MOBILE 11 FOOD DISPENSING VEHICLES; PROVIDING FOR THE REPEAL OF 12 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; 13 INCORPORATION INTO THE CODE; SEVERABILITY; AND AN 14 EFFECTIVE DATE. 15 16 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 17 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 18 law; and 19 20 WHEREAS, the Florida Legislature recently enacted Section 509.102, Florida Statutes, 21 which defines the term "mobile food dispensing vehicle" as any vehicle that is a public food service 22 establishment and that is self-propelled or otherwise moveable from place to place and includes 23 self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal; 24 and 25 26 WHEREAS, the City Council recognizes that effective July 1, 2020, Section 509.102, Florida 27 Statutes provides a limited state preemption regarding "mobile food dispensing vehicle" and that 28 a municipality may not require a separate license, registration, or permit other than the license 29 required by the state, or require the payment of any license, registration, or permit fee other than 30 the fee required by the state, as a condition for the operation of a mobile food dispensing vehicle 31 within the municipality; and 32 33 WHEREAS, the City Council also recognizes that Section 509.102, Florida Statutes, 34 provides that a municipality may not prohibit mobile food dispensing vehicles from operating 35 within the entirety of a municipal jurisdiction; and 36 37 WHEREAS, the City Council further finds that although Section 509.102, Florida Statutes 38 does preempt municipalities in certain areas, Section 509.102, Florida Statutes is intended to be a 39 partial preemption of municipal home rule authority because it expressly states that "this section 40 may not be construed to affect a municipality, county, or other local governmental entity's City of Cape Canaveral Ordinance No. 05-2020 Page1 of 13 1 authority to regulate the operation of mobile food dispensing vehicles other than the regulations 2 described in Section 509.102(2), Florida Statutes; and 3 4 WHEREAS, the City Council hereby finds that despite Section 509.102, Florida Statutes, 5 municipalities continue to enjoy significant home rule authority to regulate land use, zoning and 6 operational standards related to mobile food dispensing vehicles; and 7 8 WHEREAS, under regulated circumstances, mobile food dispensing vehicles provide a 9 valuable and convenient service to the community by providing food and beverage options at 10 special events and other appropriate venues; and 11 12 WHEREAS, the City Council wishes to support convenient food and beverage options at 13 special events and other appropriate venues and encourage and support local business and 14 entrepreneurship by adopting uniform regulations to allow the operation of mobile food 15 dispensing vehicles within the City consistent with the preemption provided in Section 509.102, 16 Florida Statutes; and 17 18 WHEREAS, the City Council finds that the use and operation of mobile food dispensing 19 vehicles on real property directly affects the use of land within the City, and therefore, such uses 20 are subject to the City's legitimate land use and zoning powers under the Florida Municipal Home 21 Rule Powers Act, Community Planning Act and other applicable law. See also, Village of Euclid, 22 Ohio v. Ambler Realty Co., 272 U.S. 365 (1926) (The concept of planning and zoning is a legitimate 23 exercise of the police power of municipalities.); and 24 25 WHEREAS, unless the operation of mobile food dispensing vehicles within the City is 26 limited to certain commercial and industrial zoning districts or temporary special events, and 27 subject to some level of site plan review by the City to ensure that the real property on which they 28 operate is suitable to accommodate such use, the operation of such vehicles may negatively 29 impact the use of real property and surrounding properties and create public nuisances; and 30 31 WHEREAS, the City Council desires to avoid such negative impacts and public nuisances; 32 and 33 34 WHEREAS, the City Council also finds that the use and operation of mobile food 35 dispensing vehicles should be governed by other traditional land use and zoning requirements as 36 more specifically stated herein in order to avoid adverse negative effects which may be cause by 37 the operation of such vehicles on real property and safeguard the community; and 38 39 WHEREAS, the City Council further finds that for mobile food dispensing vehicles to 40 successfully operate their respective businesses for profit within the jurisdictional limits of the City, City of Cape Canaveral Ordinance No. 05-2020 Page 2 of 13 1 such vendors must also rely upon and use City streets; and 2 3 WHEREAS, the City Council additionally finds and recognizes that Florida courts have long 4 held that municipalities have the historic ability to regulate commercial use of City streets and 5 that the use of public roads for profit is a privilege, not a right, and can be regulated and controlled 6 by the government in furtherance of the public health, safety and welfare. See Seaboard Air Line 7 Ry. Co. v. Wells, 100 Fla. 1027, 1034, 130 So. 587, 591 (Fla. 1930); Pennington v. Quigg, 94 Fla. 1056, 8 1065, 114 So. 859, 862 (Fla. 1927) (The right to use City streets for conducting private business is 9 not an inherent right and can only be acquired by permission or license from the city); Jarrell v. 10 Orlando Transit Co., 123 Fla. 776, 778, 167 So. 664, 665 (Fla. 1936) (There is then no such thing as 11 a natural right to use the public highways for commercial purposes. A city may grant a limited 12 right to use the streets for private business, but such is "a privilege that may be restricted or 13 withdrawn at the discretion of the granting power. The power to do so is plenary and may extend 14 to absolute prohibition"); and 15 16 WHERAS, the City Council deems that it is necessary to regulate mobile food dispensing 17 vehicles operating upon streets within the City so such vendors operate in areas with sufficient 18 pedestrian traffic and in a manner that avoids traffic conflicts and congestion and otherwise 19 generally protects public safety and does not detract from the aesthetic beauty and attractiveness 20 of the surrounding streetscape and properties; and 21 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 26 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 27 ORDAINS, AS FOLLOWS: 28 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 29 this reference as legislative findings and the intent and purpose of the City Council of the City of 30 Cape Canaveral. 31 32 Section 2. Mobile Food Dispensing Vehicles. The City of Cape Canaveral Code of 33 Ordinances, Chapter 110, Zoning, Article IX, Division 9 Mobile Food Dispensing Vehicles and Other 34 Mobile Vendors is hereby created as set forth below (underlined type indicates additions and 35 strikeout type indicates deletions): 36 37 CHAPTER 110— ZONING 38 39 *** City of Cape Canaveral Ordinance No. 05-2020 Page 3 of 13 1 2 ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS 3 4 *** 5 6 Division 9. Mobile Food Dispensing Vehicles and Other Mobile Vendors. 7 8 Sec. 110-584.1. - Mobile Food Dispensing Vehicles. 9 10 (a) Purpose and intent. The purpose and intent of this section is to establish land use 11 and zoning regulations for real property upon which a mobile food dispensing vehicle is 12 authorized to operate within the jurisdictional limits of the City. Mobile food dispensing vehicles, 13 except for those operating on real property authorized in this section, are prohibited and unlawful 14 on other real property not so authorized. This section is neither intended to prohibit mobile food 15 dispensing vehicles from operating within the entirety of the City nor regulate the licensing, 16 registration, permitting and fees of mobile food dispensing vehicles preempted by the state under 17 section 509.102, Florida Statutes. 18 19 (b) Definitions. As used in this section, the following words and phrases shall have the 20 following meanings, unless the context clearly indicates that a difference meaning is intended: 21 22 Accessory shall mean clearly incidental or subordinate to and customary in 23 connection with the principal building or use on a developed site and which is 24 located on the same lot or parcel with such principal building or use. 25 26 City Manager shall mean the City Manager or designee thereof. 27 28 Developed site shall mean real property upon which a building and other 29 permanent improvements have been legally constructed and which is currently in 30 compliance with all land development regulations and the City Code. 31 32 Food shall mean all substances commonly used for human consumption as food, 33 beverage, confectionery or condiments, whether simple, mixed or compound, and 34 all substances or ingredients used in preparation thereof. 35 36 Mobile Food Dispensing Vehicle shall have the same meaning as that term is defined 37 in Section 509.102(1), Florida Statutes, and upon the effective date of this Section 38 means any vehicle that is a public food service establishment and that is self- 39 propelled or otherwise moveable from place to place and includes self-contained 40 utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. City of Cape Canaveral Ordinance No. 05-2020 Page 4 of 13 1 2 Public road shall mean any public right-of-way for cars and trucks in the city. 3 4 Special event shall mean any organized, temporary public or private celebration or 5 gathering of people which requires a City special event permit including by way of 6 example events relating to athletic contests, carnivals, fairs, cook -offs, 7 entertainment, dancing, music concerts, dramatic productions, art exhibitions, 8 parades, fundraisers (such as religious, charitable, patriotic or philanthropic events), 9 or the sale of merchandise, food or alcohol, or any combination of the foregoing. 10 11 (c) Authorized Locations. Subject to the terms and conditions set forth in subsection 12 (d), mobile food dispensing vehicles shall be allowed to operate within the jurisdictional limits of 13 the City in the following authorized areas: 14 15 (1) As a temporary accessory use on property which is designated C-1, C-2 or 16 M-1 on the City's official zoning map. 17 18 (2) To deliver food for sale during normal lunch (approximately 12:00 PM) or 19 dinner (Approximately 6:00 PM) time to employees on -site of an existing 20 business located on property with a zoning designation of C-1, C-2 or M- 21 1. Sale of food shall be strictly limited to only the employees of the business 22 working on -site during normal business hours of the business. The sale to 23 any other persons shall be strictly prohibited unless the sales occur within 24 an area on which the subject property owner has obtained site plan 25 approval for accessory temporary outdoor sales pursuant to the provisions 26 of this Section. Sales permitted under this subsection shall be limited to 27 no more than two (2) hours on any day in which the business being served 28 is open for employees to work. The sale of food authorized by this 29 subsection shall be exempt from subsections (d)(4) and (d)(6) of this 30 Section. 31 32 (3) Within a clearly delineated area on City property or a public road which has 33 been specifically and temporarily set aside for a mobile food dispensing 34 vehicle to operate during a special event which is open to the general 35 public, provided the event has been lawfully permitted by the City and any 36 mobile food dispensing vehicle has been contractually arranged by the 37 event organizer to be part of the event. 38 39 (4) Within a clearly delineated area on public or private school property which 40 has been specifically and temporarily set aside for a mobile food dispensing City of Cape Canaveral Ordinance No. 05-2020 Page 5 of 13 1 vehicle to operate during a school sponsored event held entirely on school 2 property which is open to the faculty and student body, provided the event 3 has been lawfully permitted by the City and any mobile food dispensing 4 vehicle has been contractually arranged by the school to be part of the 5 event. 6 7 ) Within a clearly delineated area on private property which has been 8 specifically and temporarily set aside for a mobile food dispensing vehicle 9 to operate during a special event held entirely on private property which is 10 private or open to the general public, provided the event has been lawfully 11 permitted by the City and any mobile food dispensing vehicle has been 12 contractually arranged by the event organizer to be part of the event. 13 However, a mobile food dispensing vehicle shall not be allowed to operate 14 on any existing single or multi -family residential use property unless the 15 property owner complies with the requirements of subsection (6). 16 17 ) Within a clearly delineated on -site vehicle parking surface on an existing 18 single or multi -family residential property for the sole purpose of operating 19 during a private on -site special event held entirely on the single or multi- 20 family property which is not open to the general public, provided the event 21 has been lawfully permitted by the City and any mobile food dispensing 22 vehicle has been contractually arranged by the owner of the single or multi- 23 family residential property. In addition, a property owner association of a 24 multi -family development project may likewise utilize any suitable common 25 area of a residential project to hold a private on -site special event for its 26 residents. A private property owner shall not permit a mobile food 27 dispensing vehicle to operate on their property under this subsection more 28 than two times in any calendar year. Mobile food dispensing vehicles on 29 existing single or multi -family residential property under this subsection 30 shall not be permitted to operate a generator while on the property and 31 shall be required to use on -site electricity provided by the owner of the 32 property when in operation. 33 34 (d) Conditions of Land Use and Operational Standards. The following land use and 35 operational standards shall apply to all mobile food dispensing vehicles operating within the City: 36 37 (1) When the mobile food dispensing vehicle will be operating on private 38 property, a notarized affidavit and indemnification of the City signed by the 39 property owner indicating that the vehicle has permission to operate and 40 vend on the property shall be submitted to the City. The affidavit and City of Cape Canaveral Ordinance No. 05-2020 Page 6 of 13 1 indemnification must be on a form approved and provided by the City and 2 shall also indicate that the property owner acknowledges the following 3 requirements: 4 5 a. The property owner shall comply with all ordinances regarding solid 6 waste disposal and must provide the vehicle access to solid waste collection 7 on the subject property; 8 b. The property owner shall require that the vehicle meet all applicable 9 federal, state and local statutes, regulations, laws, ordinances, rules and 10 codes including, but not limited to, applicable land use and zoning 11 requirements regarding the subject property including site plan 12 requirements; 13 c. The property owner shall acknowledge that the property owner 14 understands the regulations governing mobile food dispensing vehicles 15 and will be held responsible, along with the vehicle owner, for any code 16 violations; and 17 d. The property owner shall ensure that the property will be continuously 18 maintained in a neat, clean, and orderly manner; and 19 e. The property owner shall ensure the mobile food dispensing vehicle be 20 limited to operating as a temporary accessory use on the subject property. 21 22 (2) The subject property must be a developed site. The subject property must 23 not be vacant or unimproved. 24 25 (3) No more than one (1) mobile food dispensing vehicle shall be parked or in 26 operation on a single property at any given time, except multiple mobile 27 food dispensing vehicles may be allowed with express written permission 28 of the City during an authorized special event. 29 30 (4) A mobile food dispensing vehicle may operate at a single location up to a 31 maximum of four (4) days per week but no more than three (3) consecutive 32 days, or if operation is allowed as part of a special event permit, said 33 vehicles may operate in accordance with the duration of the special event 34 permit. 35 36 (5) Except with the express written permission of the City during an authorized 37 special event, hours of operation shall be limited between 7a.m. and 10p.m. 38 39 (6) The person in charge of the mobile food dispensing vehicle when in 40 operation on the developed site must be present at all times during hours City of Cape Canaveral Ordinance No. 05-2020 Page 7 of 13 1 of operation. 2 3 (7) When the mobile food dispensing vehicle will be operating on private 4 property, the vehicle must be parked when in operation within an area on 5 the property specifically authorized for accessory temporary outdoor sales 6 on the property owner's master site plan previously approved by the City. 7 lithe property owner does not have specific site plan approval for accessory 8 temporary outdoor sales on the master site plan, the property owner shall 9 be required to obtain supplemental site plan approval pursuant to the 10 minor site plan amendment review procedure and criteria under Chapter 11 110, Article VI of the City Code before the mobile food dispensing vehicle 12 may operate as an accessory use on the subject property. For purposes of 13 obtaining supplemental site plan approval, the property owner shall submit 14 a site plan or detailed sketch depicting the proposed location of temporary 15 mobile food dispensing vehicle operations; all parking spaces, entrances 16 and exits to and from the site; and distances from any buildings or 17 structures, sidewalks, rights -of -way, fire hydrants, fire lanes and landscaped 18 areas, storm drains, and such other information or documentation deemed 19 by the City to be reasonably necessary to authorize outdoor accessory 20 temporary sales on the subject property in a manner that is compatible with 21 the existing uses on the subject property and the surrounding area and 22 protects the public health, safety and welfare of the citizens of the City. The 23 supplemental site plan submittal requirements required under this 24 subsection for mobile food dispensing vehicles are in lieu of the site plan 25 amendment submittal requirements under section 110-222 unless major 26 building or infrastructure improvements are being proposed to 27 accommodate the mobile food dispensing vehicles. The mobile food 28 dispensing vehicle temporary sales area must be on a paved surface and 29 not exceed an area of 600 square feet unless the City determines more area 30 is required and the subject property clearly has ample space to support a 31 larger sales area. The approved area must not adversely affect existing uses 32 on the subject property or the flow of pedestrian and vehicular traffic on 33 the developed site. There must be an adequate number of parking spaces 34 available for the general public visiting the developed site. Supplemental 35 site plan approval granted by the City under this subsection is subject to 36 being suspended or revoked pursuant to subsection (e) or at such time the 37 master site plan is revoked or modified by the City. 38 39 (8) Outdoor dining areas are prohibited including, but not limited to, tables, 40 chairs, booths, bar stools, benches, and standup counters, except if dining City of Cape Canaveral Ordinance No. 05-2020 Page 8 of 13 1 areas are allowed with express written permission of the City during an 2 authorized special event. 3 4 Mobile food dispensing vehicles selling or dispensing of food to customers 5 in a moving vehicle or otherwise engaging in drive -up sales is prohibited. 6 7 (10) A mobile food dispensing vehicle shall not be located on private property 8 upon which uncorrected code violations exist, or which is under citation for 9 code violations. 10 11 (11) Mobile food dispensing vehicles and all materials associated with such 12 vehicles must physically be moved at least daily and cannot remain on the 13 subject property outside the approved hours of operation unless otherwise 14 allowed by the City for special events. Overnight parking of mobile food 15 dispensing vehicles is prohibited unless located within an enclosed garage 16 or on property zoned for an authorized open storage use and said storage 17 complies with any applicable storage requirements set forth in the City 18 Code. 19 20 (12) Mobile food dispensing vehicles shall not sell alcohol unless specifically 21 approved as part of a special event or other permit approved by the City. 22 The alcohol -related restrictions of Chapter 6 of the City Code are applicable 23 unless otherwise authorized by the City Code, or expressly waived by the 24 City. 25 26 (13) The operation of a mobile food dispensing vehicle must not obstruct or 27 interfere with vehicular or pedestrian traffic, building access, fire lanes, 28 crosswalks, driveways, fire hydrants, loading areas, stormwater drainage 29 systems, or landscape buffers associated with the principal use. 30 31 (14) Mobile food dispensing vehicles must not enter or park upon playgrounds, 32 playing fields and courts, sidewalks, footpaths or bicycle paths. 33 34 (15) Mobile food dispensing vehicles must not enter or park upon any "no 35 parking" area, loading zone, driveway, handicapped parking space, or 36 designated public safety lane (e.g., fire lanes) or within twenty (20) feet of a 37 crosswalk or within fifteen (15) feet of a fire hydrant or storm drainage 38 structure. 39 40 (16) No additional signage shall be permitted on the developed site related to City of Cape Canaveral Ordinance No. 05-2020 Page 9 of 13 1 the mobile food dispensing vehicle except as to signage permanently 2 affixed and displayed on the vehicle. 3 4 (17) Amplified music or other sounds from any mobile food dispensing vehicle 5 or from audio equipment installed on the developed site by the property 6 owner or person in charge of the vehicle for purposes of vending, attracting 7 or encouraging the congregation of customers shall be prohibited. 8 9 (18) Mobile food dispensing vehicles shall maintain an appropriate number and 10 size of operable fire extinguishers. 11 12 (19) The operation of a mobile food dispensing vehicles shall not create or cause 13 nuisance conditions to include, but not be limited to, displaying flags or 14 unauthorized signage, loud noises, visual glare, flashing or animated lights, 15 shouting or amplified music or sound, excessive fumes or smoke, 16 environmental hazards, and any vehicular or pedestrian hazard. 17 18 (20) The grounds around the mobile food dispensing vehicle and within the 19 vending space shall be kept free of litter, trash, paper and waste at all times. 20 Waste containers shall be provided and all trash shall be taken with the 21 vehicle when the vendor leaves or placed inside a commercial solid waste 22 dumpster provided by the property owner and in use and located on the 23 developed site. 24 25 (21) Mobile food dispensing vehicles must not discharge waste, fat, oil, grease 26 or such other similar substances from the vehicle. All such substances 27 related to or generated from the vehicle shall be taken with the vehicle 28 when vehicle leaves the subject property and disposed of in accordance 29 with law. 30 31 (22) Mobile food dispensing vehicles shall comply with all applicable federal, 32 state and local laws, rules and regulations including, but not limited to, the 33 standards specified by Chapter 5K-4.002, Florida Administrative Code, and 34 the U.S. Food and Drug Administrative 2001 Food Code, as such laws, rules 35 and regulations may be amended from time to time. 36 37 (23) A copy of the appropriate license(s) issued from the Florida Department of 38 Business & Professional Regulation (Division of Hotels and Restaurants) 39 shall be maintained on the mobile food dispensing vehicle at all times when 40 the vehicle is in operation on real property located within the City, and shall City of Cape Canaveral Ordinance No. 05-2020 Page 10 of 13 1 be made available for inspection upon request by the City's law or code 2 enforcement officers. 3 4 (e) Penalties. 5 6 (1) Owners and operators of mobile food dispensing vehicles, and property 7 owners on which such vehicles operate, shall be joint and severally liable 8 for any violations of this section. The penalty provisions set forth in section 9 1-15 of the City Code shall apply to violations of this section. 10 11 (2) In addition to the penalties authorized by subsection (1), the City Manager 12 may also suspend or revoke the property owner's site plan approval for 13 accessory temporary outdoor sales and/or special event permit, as may be 14 applicable, upon a finding that a mobile food dispensing vehicle was 15 operating on the subject property in violation of this section. Prior to 16 suspending or revoking the applicable site plan approval and/or special 17 event permit, the City Manager shall: 18 19 (i) Afford the property owner notice of the violation(s) and a 20 reasonable, informal opportunity to be heard regarding the 21 violation(s); 22 23 (ii) Consider the property owner's past record of compliance with this 24 section and related laws; and 25 26 (iii) Consider the degree of risk to public health, safety, and welfare 27 arising from the alleged violation(s) in evidence. 28 29 (3) The City Manager's decision under subsection (2) shall be rendered in 30 writing and shall be deemed final. 31 32 (4) Any site plan approval or special event permit suspended or revoked 33 pursuant to this subsection shall immediately be void and of no further use 34 and effect to any person. If revoked, the property owner shall be prohibited 35 from seeking subsequent site plan approval for accessory temporary 36 outdoor sales or a special event permit for the subject property for a period 37 of one (1) year from the date of the revocation. 38 39 (5) The operation of a mobile food dispensing vehicle without a valid site plan 40 approval for accessory temporary outdoor sales or special event permit City of Cape Canaveral Ordinance No. 05-2020 Page 11 of 13 1 (including if operated during a period of license suspensions or revocation) 2 shall subject the owner of the property and the owner of the vehicle and 3 operator thereof to code enforcement action, civil action, or action as 4 otherwise allowed by state law or the City Code. 5 6 7 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 8 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 9 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 10 11 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 12 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 13 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 14 and like errors may be corrected and additions, alterations, and omissions, not affecting the 15 construction or meaning of this ordinance and the City Code may be freely made. 16 17 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 18 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 19 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 20 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 21 the validity of the remaining portions of this Ordinance. 22 23 Section 6. Effective Date. This Ordinance shall become effective immediately upon 24 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 25 Charter. 26 27 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of 28 November, 2020. 29 30 31 32 33 34 35 [Signature Page Follows] 36 37 38 39 40 City of Cape Canaveral Ordinance No. 05-2020 Page 12 of 13 1 2 Bob Hoog, Mayor 3 4 5 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 16 17 Angela Raymond 18 19 20 First Reading: October 20, 2020 21 Advertisement: November 5, 2020 22 Second Reading: November 17, 2020 23 24 25 Approved as to legal form and sufficiency 26 for the City of Cape Canaveral only by: 27 28 29 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 05-2020 Page 13 of 13 City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Item No. 8 Subject: Ordinance No. 07-2020; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2019, and ending September 30, 2020; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, second reading. Department: Administrative/Financial Services Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 07-2020 (Attachment) is presented for adoption. Exhibit "A" to the Ordinance details the revenues and expenditures pertaining to the Starting Budget, Budget Transfers, and Year-end Budget Adjustments and concludes with the 2020 Ending Budget. The revenues and expenditures have been adjusted to reflect what Staff believes to be the final Budget. This shows revenue that has exceeded estimates or was under -realized. Exhibit "B" shows a complete Budget Adjustment Detail sequentially numbered by Account/Department. As with past years, the Comprehensive Annual Financial Report (CAFR) will provide the actual expenditures for this budget year. It is anticipated that the FY 2019/20 Estimated Ending Fund Balances as compared to the Budget are as follows: General Fund $985,301 Special Revenue Fund $83,804 Capital Projects Fund - Wastewater Enterprise Fund - Stormwater Enterprise Fund $522,307 Ordinance No. 07-2020 was approved at first reading by Council at its October 20, 2020 meeting. The Notice of Public Hearing was advertised in Florida Today on November 5, 2020. Submitting Department Director: John DeLeo Date: 11/03/2020 Attachment: Ordinance No. 07-2020 with Exhibits "A" and "B" Financial Impact: No additional financial impact is experienced through the formal adoption of the Budget Adjustments and Amendments. However, the financial impact of each Adjustment or Amendment is recorded at the face value of the Amendment; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/02/2020 The City Manager recommends the City Council take the following action: Approve Ordinance No. 07-2020, second reading. Approved by City Manager: Todd Morley Date: 11/03/2020: ORDINANCE NO. 07-2020 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY FUND, CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND ENTERPRISE CAPITAL FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS AND AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached hereto as Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2019, and ending September 30, 2020, 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 17th day of November, 2020. ATTEST: Mia Goforth, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney First Reading: 10/20/2020 Legal Ad Published: 11/05/2020 Second Reading: 11/17/2020 Bob Hoog, Mayor Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond FOR AGAINST Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30, 2020 GENERAL FUND FY 2020 FY 2020 FY 2020 FY 2020 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 1,007,200 (1,007,200) Cash Forward - Trans Impact Fees Cash Forward - R&R 199,200 (199,200) Ad Valorem Taxes 4,561,588 89,341 4,650,929 Local Option Gas Tax 340,810 22,857 363,667 Franchise Fees 793,548 (208,592) 584,956 Utility Taxes 1,199,478 5,788 1,205,266 Communications Service Tax 464,106 (72,280) 391,826 Permits & Licenses 543,708 (113,649) 430,059 Impact Fees 998,500 (230,998) 767,502 State Grants 50,000 (44,422) 5,578 State Shared Revenue 957,054 (62,414) 894,640 Local Shared Revenue 131,840 131,840 Charges for Services 31,010 8,648 39,658 Garbage & Recycling Revenue 1,182,455 (6,013) 1,176,442 Recreation Fees 103,720 (55,627) 48,093 Fines & Forfeitures 19,900 20,238 40,138 Interest Income 63,960 131,056 195,016 Fire Hydrant Rental Fee 75,780 1,900 77,680 Miscellaneous Revenue 122,800 48,446 171,246 Transfer from School Guard Crossing Fund 2,385 - 2,385 Transfer from CC Redevelopment Fund 685,703 685,703 Contribution from Wastewater Fund 691,442 691,442 Contribution from Stormwater Fund 19,566 - 19,566 Other Sources Loan Proceeds 4,409,000 (4,409,000) - TOTAL REVENUES $ 18,654,753 $ $ (6,081,122) $ 12,573,631 EXPENDITURE Legislative Administrative Services Community Development Protective Services Fire / Rescue Services Building & Code Enforcement Infrastructure Maintenance Economic Development Cultural Programs Leisure Services Community Engagement Legal Services Solid Waste Debt Service Non -Departmental Transfer to Community Redevelopment Agency Transfer to Capital Construction Fund Transfer to Wastewater Enterprise Fund Transfer to N Atlantic Ave Improvement Fund Contingency TOTAL EXPENDITURES 34,679 554,400 488,713 3,057,301 2,189,892 323,666 1,303,154 150,244 89,564 565,595 129,522 285,912 1,181,465 1,291,582 6,461,757 12,810 (10,017) 37,472 (260,849) 293,551 (231,184) 257,529 (7,940) 3,049,361 73,433 (127,542) 2,135,783 81,512 405,178 (502,231) 800,923 3,047 153,291 (4,134) 85,430 9,000 (35,401) 539,194 (35,403) 94,119 (107,964) 177,948 (154,518) 1,026,947 0 1,291,582 (5,221,734) 1,240,023 547,307 (95,243) 533,237 985,301 $ 18,654,753 $ 0 $ (6,081,122) $ 12,573,631 Excess of Revenues Over / (Under) Expenditures $ $ (0) $ (0) Page 1 of 6 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30, 2020 POLICE EDUCATION FUND FY 2020 FY 2020 FY 2020 FY 2020 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Police Education Income $ 999 352 1,351 Interest Income 196 139 335 TOTAL REVENUES $ 1,195 $ $ 491 $ 1,686 EXPENDITURE Education & Training Contingency 1,195 491 1,686 TOTAL EXPENDITURES $ 1,195 $ $ 491 $ 1,686 Excess of Revenues Over / (Under) Expenditures $ $ $ FIRE PROTECTION FUND FY 2020 FY 2020 FY 2020 FY 2020 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward R&R Interest Income 168 89 257 Impact Fees 24,372 (571) 23,801 Net Increase (decrease) in FMV - - TOTAL REVENUES $ 24,540 $ $ (482) $ 24,058 EXPENDITURE Transfer to GF Contingency 24,540 (482) 24,058 TOTAL EXPENDITURES $ 24,540 $ $ (482) $ 24,058 Excess of Revenues Over / (Under) Expenditures $ $ $ SCHOOL CROSSING GUARD FUND FY 2020 FY 2020 FY 2020 FY 2020 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - 718 Parking Fine Surcharge 1,560 107 1,667 Interest Income 825 (825) - TOTAL REVENUES $ 2,385 $ $ (718) $ 2,385 EXPENDITURE Transfer to General Fund $ 2,385 2,385 Contingency TOTAL EXPENDITURES $ 2,385 $ $ $ 2,385 Excess of Revenues Over / (Under) Expenditures $ $ $ Page 2 of 6 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30, 2020 LIBRARY FUND FY 2020 FY 2020 FY 2020 FY 2020 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward Ad Valorem Taxes $ 69,039 1,322 70,361 Ad Valorem Tax Delinquent 50 (45) 5 Tax Penalty Income 60 60 120 Interest Income 6,180 2,448 8,628 Interest - Library Impact Fees - - Interest - Tax Collections 42 161 203 Net Increase (decrease) in FMV - Impact Fees - Library 30,331 30,331 Transfer from Capital Construction Fund - - TOTAL REVENUES $ 75,371 $ $ 34,277 $ 109,648 EXPENDITURE Operating Expenses $ 34,850 (11,731) 23,120 Capital Purchases 30,000 (1,531) 28,469 Contingency 10,521 47,539 58,060 TOTAL EXPENDITURES $ 75,371 $ $ 34,777 $ 109,648 Excess of Revenues Over / (Under) Expenditures $ $ $ CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2020 FY 2020 FY 2020 FY 2020 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 135,569 (35,003) 100,566 State Grant DEO - - Shared Revenue from Cape Canaveral 574,578 574,578 Shared Revenue from Brevard County 574,578 - 574,578 Interest Income - 257 257 Net Increase (decrease) in FMV - Transfer from General Fund 4,409,000 (4,335,191) 73,809 TOTAL REVENUES $ 5,693,725 $ $ (4,369,937) $ 1,323,788 EXPENDITURE Operating Expenses $ 11,559 (9,953) 1,606 Capital Purchases 4,778,500 (4,194,345) 584,155 Debt Service 738,027 738,027 Contingency 165,639 (165,639) - TOTAL EXPENDITURES $ 5,693,725 $ $ (4,369,937) $ 1,323,788 Excess of Revenues Over / (Under) Expenditures $ $ $ (0) Page 3 of 6 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30, 2020 LAW ENFORCEMENT TRUST FUND .1111 FY 2020 FY 2020 FY 2020 FY 2020 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 7,526 Interest - State 72 Contraband Income 1,000 Net Increase (decrease) in FMV TOTAL REVENUES $ 8,598 $ 1,024 (24) (1,000) 8,550 48 $ $ 8,598 EXPENDITURE School Resource Officer $ 8,598 8,598 Contingency - TOTAL EXPENDITURES $ 8,598 $ $ $ 8,598 Excess of Revenues Over / (Under) Expenditures $ $ $ Page 4 of 6 REVENUE Cash Forward St. John's RWMD Grant Utility Operating Income Utility Penalty Income Impact Fees Reuse Hook -Up Fees Reclaimed Water Revenue Investment Income Sale of Fixed Assets Miscellaneous Income Transfer from CC CRA Fund SRF Loan Proceeds Net Increase (decrease) in FMV TOTAL REVENUES Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30, 2020 WASTEWATER ENTERPRISE FUND FY 2020 FY 2020 FY 2020 FY 2020 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET $ 1,237,066 3,957,858 60,500 150,000 3,900 87,233 9,780 5,000 52,324 1,635,250 (312,207) 924,859 80,736 4,038,594 (15,183) 45,317 64,796 214,796 (875) 3,025 744 87,977 1,694 11,474 (5,000) 52,324 (1,193,320) 441,930 $ 7,198,911 $ $ (1,378,613) $ 5,820,298 EXPENDITURE Personal Services $ 1,447,786 60,041 1,507,827 Operating Expenses 1,195,791 (259,562) 936,229 Debt Service 498,308 38,592 536,900 Contribution to General Fund 691,442 691,442 Capital Outlay 3,342,250 (1,194,351) 2,147,899 Contingency 23,334 (23,334) - TOTAL EXPENSES $ 7,198,911 $ $ (1,378,613) $ 5,820,298 Excess of Revenues Over / (Under) Expenses $ $ $ 0 Page 5 of 6 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30, 2020 STORMWATER ENTERPRISE FUND REVENUE Cash Forward IRL Grant Stormwater Utility Fees Investment Income Sale of Fixed Asset SRF Loan Proceeds Net Increase (decrease) in FMV TOTAL REVENUES FY 2020 STARTING BUDGET 11,000 1,014,324 4,200 FY 2020 FY 2020 BUDGET YR END BUDGET TRANSFERS ADJUSTMENTS FY 2020 ENDING BUDGET (11,000) (26,795) (1,381) 987,529 2,819 $ 1,029,524 $ $ (39,176) $ 990,348 EXPENDITURE Personal Services $ 220,729 49,218 269,947 Operating Expenses 295,129 (149,768) 145,361 Contribution to General Fund 19,566 (0) 19,566 Capital Outlay 344,100 (310,933) 33,167 Contingency 150,000 372,307 522,307 TOTAL EXPENSES $ 1,029,524 $ $ (39,176) $ 990,348 Excess of Revenues Over / (Under) Expenses $ $ $ (0) Page 6 of 6 General Ledger Budget Adjustment Summary ACCOUNT NUMBER 001-001-511-492000 001-005-522-340000 001-017-901-990000 401-010-535-642032 401-010-535-642018 401-010-535-552600 401-010-535-545000 DESCRIPTION ELECTIONS CONTRACT SERVICES - CCVFD CONTINGENCY COLLECTION SYSTEM UPGRADE VALVE REPLACEMENTS LAB SUPPLIES GENERAL INSURANCE Exhibit B BEGINNING BUDGET 600 1,841,640 547,307 250,000 54,610 78,260 City of Cape Canaveral CHANGE ENDING BUDGET 12,810 13,410 73,433 1,915,073 (86,243) 461,064 51,057 51,057 (51,057) 198,943 10,000 64,610 (10,000) 68,260 City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Item No. 9 Subject: Ordinance No. 08-2020; Amending Chapter 94 - Signs; providing for amendments to electronic messaging signs; providing for amendments to Section 94-100 and Table 94-96-1 to include sign requirements specifically for the Public/Recreation (PUB/REC) zoning district; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code, severability; and an effective date, first reading. Department: Community and Economic Development Summary: From time -to -time, the City has updated its sign regulations to recognize current industry best practices, regulatory needs of the City, as well as provide for the health, safety and welfare of its residents. The most recent substantive change occurred in 2014, with the passage of Ordinance No. 08-2014, which specifically provided for electronic signage. The proposed Ordinance amends regulations related to electronic signage as well as creates standards for signage erected in the Public/Recreation (PUB/REC) zoning district. Currently, the City Code limits an electronic sign to a maximum size of 32 square feet and it must be incorporated into a monument or pylon sign. In addition, an electronic sign is limited to the display of alphanumeric characters, which must have a minimum display time of four (4) seconds. The proposed ordinance will expand allowed content to include the display of static graphics and images at intervals of no less than 8 seconds. In addition, electronic signs in the C-1, C-2, and M-1 zoning districts may only be located along a major public thoroughfare or other high capacity public roadway and shall not be installed within 100 feet of a residential property line. In September of 2019, the Council established the PUB/REC zoning district to "provide for public facilities and active recreation while preserving open space for enjoyment of nature." As part of the City's administrative rezoning project currently underway, public facilities such as City Hall, the City Wastewater Plant, Cherie Down Park, and the Cape Canaveral Public Library will be rezoned to PUB/REC and any signage associated with these facilities will be subject to the proposed sign regulations. The proposed ordinance establishes sign standards for properties designated PUB/REC, such as number of signs allowed, height, and maximum area (see Table 94-96-1). Similar to other zoning districts in the City, wall murals are prohibited in the PUB/REC district unless approved by the Community Appearance Board. At its August 28, 2020 Meeting, the Planning and Zoning Board recommended approval of the subject Ordinance. Submitting Department Director: Attachment: Ordinance No. 08-2020 David Dickey Date: 11/10/2020 City of Cape Canaveral City Council Meeting — November 17, 2020 Agenda Item No. 9 Page 2 of 2 Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/09/2020 City Manager recommends City Council take the following action: Approve Ordinance No. 08-2020, first reading. Approved by City Manager: Todd Morley Date: 11/09/2020 1 ORDINANCE NO. 08-2020 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING 5 CHAPTER 94 - SIGNS; PROVIDING FOR AMENDMENTS TO 6 ELECTRONIC MESSAGING SIGNS; PROVIDING FOR 7 AMENDMENTS TO SECTION 94-100 AND TABLE 94-96-1 TO 8 INCLUDE SIGN REQUIREMENTS SPECIFICALLY FOR THE 9 PUBLIC/RECREATION (PUB/REC) ZONING DISTRICT; 10 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 11 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE 12 CODE, SEVERABILITY AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 15 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 16 law; and 17 WHEREAS, the City Council desires to modify the existing sign regulations limiting the 18 displays on electronic messaging signs to alphanumeric characters to additionally allow for the 19 display of graphics and images in accordance with the terms and conditions stated herein; and 20 WHEREAS, the City Council recently adopted a new zoning designation for Public/ 21 Recreation (Pub/Rec) property and desires to establish specific sign requirements to correspond 22 to the new zoning district in a manner similar to other existing zoning designations; and 23 WHEREAS, the City's Land Planning Agency has reviewed and made a recommendation 24 to the City Council regarding this Ordinance; and 25 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 26 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of 27 Cape Canaveral. 28 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE 29 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 30 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as 31 legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. 32 Section 2. Chapter 94 Code Amendments — Electronic Signs. Chapter 94 of the Code of 33 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type 34 indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) 35 indicate a deletion from the Ordinance of text existing in Chapter 94. It is intended that the text City of Cape Canaveral Ordinance No. 08-2020 Page 1 of 7 1 in Chapter 94 denoted by the asterisks and set forth in this Ordinance shall remain unchanged 2 from the language existing prior to adoption of this Ordinance): 3 4 5 6 Sec. 94-1. — Definitions. CHAPTER 94 — SIGNS ARTICLE I. — IN GENERAL 7 Electronic messaging signs shall mean a sign on which the copy changes automatically without 8 moving parts by computer or other electronic means. These signs use intermittent light or lights 9 including incandescent lamps, light emitting diodes, liquid crystal displays and plasma displays. 10 11 12 Sec. 94-6. — Prohibited signs and features. 13 The following signs and features are strictly prohibited: 14 15 (ff) Electronic signs except for as authorized by Section 94-78. * ** 16 17 * ** 18 ARTICLE III. — SIZE, LOCATION AND CONSTRUCTION 19 20 Division 2. — TYPES OF SIGNS 21 22 Sec. 94-78. - Electronic signs. * * * * * * 23 Electronic signs may be approved under this chapter provided the proposed electronic sign 24 satisfies the following requirements: 25 (a) A maximum of one electronic sign may be incorporated into a monument sign or pylon 26 sign. The electronic sign must be in compliance with all applicable provisions of this 27 chapter. Further, an electronic sign shall not be a portable or stand alone sign and shall 28 be mounted in a permanent cabinet. 29 (b) The size of the electronic sign shall be limited to a maximum size equal to 32 square 30 feet. The maximum area of the sign shall not exceed 120 square feet. The electronic sign 31 shall be fully incorporated within the outer perimeter of the sign and the electronic sign City of Cape Canaveral Ordinance No. 08-2020 Page 2 of 7 1 portion of the overall sign shall not exceed a height of 10 feet above ground. Further, 2 the size of the electronic sign shall be included in the calculation for the total signage 3 allowed for the property and the overall size limitation for a particular sign. 4 (c) The electronic sign shall be limited to display of alphanumeric characters and static 5 graphic images or displays only. The copy content of an electronic display may change 6 at intervals of no less than eight (8) seconds. The content of the electronic display must 7 remain stable and continuous scrolling, blinking, fading, dissolving or any other effect 8 that gives the appearance of movement is prohibited. Each electronic display shall 9 contain a complete standalone message and the message cannot be broken into 10 segments displayed sequentially on a different display to form a complete message. 11 Moving graphic displays or images of non -alphanumeric characters (such as simulations 12 of fireworks, bouncing hearts, lighthouses, human bodies, and cartoon characters) shall 13 be prohibited. In addition, the image or display content shall not contain effects that are 14 designed to resemble a traffic control device or emergency vehicle strobe lighting. 15 However, nothing herein shall prohibit governmental agencies from using electronic 16 traffic control devices and emergency lighting for official traffic control and emergency 17 public purposes. 18 (d) The sign shall not include any audio message. display time for each message containing 19 alphanumeric characters shall be a minimum timc period of four consecutivc seconds 20 per display. 21 (e) The electronic sign shall be set to a specific brightness level and shall electronically 22 respond to changing light conditions (e.g., change from day to night or to darkness 23 related to weather). Written certification shall be provided with the sign permit 24 application from the sign manufacturer that the sign has been preset to not to exceed 25 the following light level standard as measured in nits, as follows: 26 (1) Maximum daytime level at 6,000 nits. 27 (2) Maximum nighttime level at 500 nits. 28 Further, the preset light level shall be protected from end user manipulations by 29 password protected software or other acceptable methods. 30 (f) If the electronic sign malfunctions, the message, if displayed, shall be maintained at a 31 maximum light level of 500 nits, or the sign shall be made inactive until the sign is 32 repaired. 33 (g) Except for purposes of supporting public buildings and facilities located in a 34 Public/Recreation zoning district, the electronic sign may only be located along a major 35 public thoroughfare or other high capacity public roadway and shall not be installed 36 within 100 feet of a property line of a residential land development unless the 37 illumination and visibility of the electronic signage is not visible from the residential 38 development. 39 *** City of Cape Canaveral Ordinance No. 08-2020 Page 3 of 7 1 Section 3. Section 94-100 and Table 94-96-1 Amendments. Section 94-100 and Table 94- 2 96-1 set forth in Chapter 94 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby 3 amended as follows: (underlined type indicates additions to the City Code and strikeout type 4 indicates deletions): 5 6 Sec. 94-100. - Shopping center or multitenant center in any district; Public/Recreation Buildings. 7 Signs are permitted for shopping centers or multitenant centers in any district and Public/Recreation 8 Buildings and facilities as listed in table 94-96-1 9 Table 94-96-1 District Restrictions Type of Sign R-1 R-2 R-3 C-1, C-22 & M-1 Pub/Rec Temporary On - Premises Sign Per section 94-76 Per section 94-76 Per section 94-76 Per section 94-76 Temporary off- Premises Sign 94-81 Per section 94-81 Per section 94-81 Per section 94-81 Per section 94-81 Per section 94-76 Max. area 6 s.f. 6 s.f 6 s.f. 32 s.f. 32 s.f. Max. height 4' 4' 4' 8' 8 Max. no. 1 1 1 1 N/A 4' Home Occupation Ground Max. no. 1 1 1 1 N/A Max area 2 s.f. 2 s.f. 2 s.f 2 s.f. N/A Ground Max.. no. Prohibited 1 per street frontage/per access entrance; max. 2 signs 1 per street frontage/per access entrance; max. 2 signs 1 per street frontage 1 Per section frontage/per access entrance max. 2 signs City of Cape Canaveral Ordinance No. 08-2020 Page 4 of 7 Wall Electronic Signs Max area 32 s.f. 32 s.f. One s.f. per linear ft. of property frontage up to a Max. of 150 s.f. one s.f. per linear ft. of property frontage up to a max. of 150 s.f. Max. height 8' 8' 20' 20' Max. width 25' 25' 25' 25' Max. no. Prohibited 1 1 2 per storefront or structure, provided each structure is a seperate business 2 per structure Max. area One s.f. per lineal linear foot of building wall that the sign is on One s.f. per lineal building wall that the sign is on Parallel to street, 15 % of wall height (x) wall width of wall that sign is located on; max. 160 s.f. perpendicular to street, 15 % of wall height (x) wall width of wall that sgin is located on; max. 128 s.f. Parallel to street, 15% of wall height (x) wall width of wall that sign is located on; max. 160 s.f. Perpendicular to street, 15% of wall height (x) wall width of wall that sign is located on; max. 128 s.f. Max. no. n/a n/a Per section 94-78 Per section 94-78 Max. area. n/a n/a n/a 32 sq. ft 32 sq. ft City of Cape Canaveral Ordinance No. 08-2020 Page 5 of 7 Wall Mural Prohibited Prohibited unless approved per section 94-6(g) Prohibited unless approved per section 94-6(g) Prohibited unless approved per section 94-6(g) Prohibited unless approved per section 94- 6(g) 1 2 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent 3 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and 4 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 5 6 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 7 Canaveral City Code and any section or paragraph, number or letter and any heading may be 8 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 9 like errors may be corrected and additions, alterations, and omissions, not affecting the 10 construction or meaning of this Ordinance and the City Code may be freely made. 11 12 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision 13 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 14 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed 15 a separate, distinct and independent provision, and such holding shall not affect the validity of 16 the remaining portions of this Ordinance. 17 18 Section 7. Effective Date. This Ordinance shall become effective immediately upon 19 adoption. 20 21 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 22 of , 2020. 23 24 25 26 27 28 29 30 [Signature Page Follows] 31 32 33 34 35 36 37 38 City of Cape Canaveral Ordinance No. 08-2020 Page 6 of 7 1 2 3 Bob Hoog, Mayor 4 5 6 7 ATTEST: For Against 8 9 10 11 Mia Goforth, CMC 12 City Clerk 13 14 15 16 17 18 19 20 First Reading: November 17, 2020 21 Advertisement: 22 Second Reading: 23 24 25 Approved as to legal form and sufficiency 26 for the City of Cape Canaveral only by: 27 28 29 Anthony A. Garganese, City Attorney Mike Brown Robert Hoog Mickie Kellum Wes Morrison Angela Raymond City of Cape Canaveral Ordinance No. 08-2020 Page 7 of 7 City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Item No. 10 Subject: Appoint a Council Member as the 2021 Alternate Voting Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition. Department: City Clerk's Office Summary: The Space Coast Transportation Planning Organization (SCTPO) is a metropolitan planning organization established under § 339.175, F.S., to coordinate transportation planning and funding throughout Brevard County. The SCTPO Governing Board (Board) and various committees provide a forum for cooperative decision making by officials of the affected governmental entities with input from citizens and constituency groups. The Board in its current form was created in 2005, with the City of Cape Canaveral joining with the City of Cocoa Beach in 2006 to share a Voting Delegate seat as the "North Beaches Coalition" (NBC). In 2013, the Cities of Cape Canaveral and Cocoa Beach extended their Voting Representation Interlocal Agreement (Agreement) with SCTPO, through the year 2022. Per the terms of this Agreement, the City of Cocoa Beach holds the Voting Delegate seat for both 2020 and 2021 and the City of Cape Canaveral will hold the Voting Delegate seat for 2022. The Cities of Cape Canaveral and Cocoa Beach have the option of extending this Agreement prior to its termination on December 31, 2022 and at that time will be able to determine which year(s) each will hold the Voting Delegate seat for 2023 and beyond. Cocoa Beach Commissioner Skip Williams is the current NBC Voting Delegate and City of Cape Canaveral Council Member Mickie Kellum is the Alternate. It is now incumbent upon City Council to appoint a Council Member as the SCTPO NBC Alternate Voting Delegate for 2021. Submitting Department Director: Mia Goforth Date: 11/04/2020 Attachments: None Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/04/2020 The City Manager recommends the City Council take the following action: Appoint a Council Member as the 2021 Alternate Voting Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition. Approved by City Manager: Todd Morley Date: 11/04/2020 City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Item No. 11 Subject: Dogs on the Beach Department: City Council Summary: Several residents have complained about dogs on the beach, especially in the morning and the evening. Dog owners need to respect the law and it should be enforced. This is a problem all over Cape Canaveral. The police drive through, but up near the dunes where the dogs are not. People think it is okay since they get away with it every day. Dogs still need to be leashed in all of our parks except the dog park. Submitting Council Member: Angela Raymond Date: 11/04/2020 Attachments: None. City of Cape Canaveral City Council Meeting - November 17, 2020 Agenda Item Summary Item No. 12 Subject: Motorized Bikes, Scooters, Golf Carts on City Sidewalks Department: City Council Summary: These go fast on the sidewalks and it is very dangerous for pedestrians and bike riders all over Cape Canaveral. Again, residents do it because they can! I know of a case in which a woman was hit and was transported to the hospital with a broken shoulder. Who is responsible? Whose insurance should be used? Submitting Council Member: Attachments: None. Angela Raymond Date: 11/04/2020