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HomeMy WebLinkAboutcocc_council_mtg_packet_20210615CAPE CANAVERAL CITY COUNCIL REGULAR 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/7132766540646322187 Listen at: +1 415-655-0052; Attendee Access Code: 900-149-972 AGENDA June 15, 2021 6:00 P.M. COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting will be held both in -person and virtually by communications media technology (CMT). Instructions for the public to attend and provide public comments during this meeting are accessible at www.cityofcapecanaveral.org/instructions as well as attached to this agenda. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS/INTERVIEWS 16:15 p.m. - 6:20 p.m. Presentation of Proclamation declaring Tuesday, June 15, 2021 as "World Elder Abuse Awareness Day" to Marty Mercado, Aging Matters in Brevard, Director of Development. CONSENT AGENDA 1 6:20 p.m. - 6:25 p.m. 1. Approve Minutes for May 18, 2021 Regular City Council Meeting. 2. Resolution No. 2021-06; repealing City Council Resolution No. 2020-09 which previously declared a Civil Emergency related to COVID-19 including repealing Supplemental Emergency Orders No. 1 (temporarily tolling time periods for processing development permit applications), No. 2 (temporarily allowing use of feather flags and snipe signs by businesses), and No. 3 (temporary beach use restrictions and amending use of feather flags and snipe signs to "essential service" businesses only); providing for the repeal of prior inconsistent Resolutions and the repeal of Resolution No. 2020-12 (temporary reduction or waiver of certain fees); Resolution No. 2020-21 (temporarily modifying when impact fees are paid); Resolution No. 2020-24 (temporarily extending the effective date of the new building permit fee schedule and Community Appearance Board Application fee schedule); and Resolution No. 2020-27 (temporarily reducing commercial recreational franchise fees by 50%), severability and an effective date. City of Cape Canaveral, Florida City Council Regular Meeting • June 15, 2021 Agenda • Page 2 of 2 3. Approve the donation of outdated SEPCO solar lights to the City of Rockledge in accordance with the Solar Light Donation Agreement and Rolling Bill of Sale and authorize the City Manager to execute the same. 4. Adoption of the 2021 Resilient Cape Canaveral Action Plan. 5. Approve Special City Council Meeting, Second Budget Hearing for September 22, 2021 at 5:30 PM. 6. Authorize the discontinuation of GoToWebinar for public meetings, effective July 1, 2021. PUBLIC HEARINGS 1 6:25 p.m. - 6:35 p.m. 7. Ordinance No. 30-2021; amending Section 2-300 of the City Code related to the City's Travel Reimbursement Policy; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation in the Code, severability and an effective date, second reading. 8. Ordinance No. 31-2021; amending Chapter 62 — Solid Waste, regulating the collection and disposal of solid waste and construction and demolition debris within the jurisdictional limits of the City of Cape Canaveral; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. ITEMS FOR ACTION 1 6:35 p.m. - 6:45 p.m. 9. Designate one (1) City Official to be the Voting Delegate at the Florida League of Cities 2021 Annual Conference scheduled for August 12-14, 2021 in Orlando, Florida and decide if it wishes to propose resolution(s) for the League's consideration. 10. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley. ITEMS FOR DISCUSSION 1 6:45 p.m. - 6:55 p.m. 11. Discuss and recommend a name for the building under construction at 7920 Orange Avenue, currently referred to as the Multi -Generational Facility. 12. Discuss and provide Staff with direction regarding hours related to alcohol sales in the City limits. REPORTS 1 6:55 p.m. - 7:00 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL ATTENTION: TEMPORARY VIRTUAL PUBLIC MEETING AND COMMENT INSTRUCTIONS IN LIGHT OF COVID-19 EMERGENCY Due to the COVID-19 Pandemic Emergency, attendance at City Hall public meetings is limited in an effort to comply with Federal and State public health and safety directives to keep our citizens, City officials and employees safe. Under these conditions, the City of Cape Canaveral is committed to providing alternative platforms for citizens to virtually attend scheduled public meetings and have an opportunity to submit public comments in an efficient, orderly and safe manner. As a result, the City of Cape Canaveral is temporarily utilizing virtual Communications Media Technology (CMT) for City Council and other board meetings. INSTRUCTIONS FOR VIRTUAL MEETING ATTENDANCE AND AGENDA ACCESS The City of Cape Canaveral's temporary CMT meeting platform is GoToWebinar. Videoconferencing and teleconferencing will be used to virtually connect the following meeting participants: City Staff, City Attorney, City Consultants and Applicant(s), if any, for purposes of conducting public meetings. With the expiration of the Governor's Executive Order No. 20-69, a physical quorum is again required as of November 1, 2020. Provided a physical quorum is present, some City Council Members and/or Board Members may participate virtually, in accordance with §120.54(5)(b)(2), F.S. 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 Community Events Calendar available at: cityofcapecanaveral.org/calendar.php. To obtain a copy of the Council or 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/publicrecords PARTICIPATION OPPORTUNITIES DURING MEETINGS VIA GOTOWEBINAR (GTW) 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 0 Hle Yieu, Help pz.- ❑�x Audio L7 Sound Check .111 ? QComputer audio Q Phone call 0 MUTED are announced by the chairperson or designee at the meeting, Microphone (HD Webcam C510) citizens may virtually raise their hand (see the green arrow) to speak by pressing the hand feature on the GoToWebinar screen in timely manner so as to be recognized by the GTW Meeting Organizer. speakers (High Definition Au&, When the speaker is recognized by the GTW Meeting Organizer, their audio microphone will be unmuted to address the Council or Board Members. Speakers must clearly state their names and residence 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 — Revised December 7, 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 not be read into the record at the public meetings. However, emails and correspondence will be forwarded to the City Council and/or Advisory Board Members prior to 12 Noon the day of the scheduled meeting for their review. §286.0114, F.S. 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 Order No. 20-52. 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. 12/07/2020 City of Cape Canaveral - Virtual Meeting Instructions — Revised December 7, 2020 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • INTERVIEWS/PRESENTATIONS Subject: Presentation of Proclamation declaring Tuesday, June 15, 2021 as "World Elder Abuse Awareness Day" to Marty Mercado, Aging Matters in Brevard, Director of Development. Department: Legislative Summary: Established in 2006, World Elder Abuse Awareness Day is an initiative by the International Network for the Prevention of Elder Abuse and the United Nations' World Health Organization. This Day is intended to provide an opportunity for communities around the world to promote a better understanding and awareness of the cultural, social, economic and demographic processes affecting elder abuse and neglect. An estimated five (5) million older Americans experience elder abuse, neglect or exploitation on an annual basis. Aging Matters in Brevard (AMB), f/k/a Community Services Council of Brevard County, was incorporated in 1965 as a non-profit organization to promote the general welfare of Brevard County through an orderly, intelligent provision of coordinated community services for both public and private agencies. As part of AMB's efforts, they are promoting June 15, 2021 as World Elder Abuse Awareness Day. In support of these efforts, the City of Cape Canaveral has prepared a Proclamation declaring June 15, 2021 as World Elder Abuse Awareness Day (Attached). AMB Director of Development Marty Mercado will be present this evening to receive the Proclamation. Submitting Council Member: Mayor Bob Hoog Date: 06/01/21 Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 05/27/21 The City Manager recommends the City Council take the following action: Present Proclamation. Approved by City Manager: Todd Morley Date: 05/28/21 [City Seal] Official Proclamation City Of Cape Canaveral, Florida WHEREAS, in June of 1965, the Community Services Council of Brevard County, Inc. was incorporated as a non-profit organization to promote the general welfare of Brevard County through an orderly, intelligent provision of coordinated community services for both public and private agencies; and WHEREAS, on June 15, 2006 World Elder Abuse Awareness Day was created by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations; and WHEREAS, the purpose of World Elder Abuse Awareness Day is to provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons by raising awareness of the cultural, social, economic and demographic processes affecting elder abuse and neglect; and WHEREAS, World Elder Abuse Awareness Day is in support of the United Nations International Plan of Action acknowledging the significance of elder abuse as a public health and human rights issue; and WHEREAS, every year an estimated five (5) million older Americans experience elder abuse, neglect or exploitation. NOW, THEREFORE, 1, Robert Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim Tuesday, June 15, 2021 as WORLD ELDER ABUSE AWARENESS DAY Signed and Sealed this _ Day of _, _ _ Mayor ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday May 18, 2021 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mike Brown Mayor Bob Hoog Council Member Mickie Kellum Council Member Wes Morrison Mayor Pro Tem Angela Raymond Others Present: City Manager Todd Morley Assistant City Attorney Kristin Eick City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Capital Projects Deputy Director Tim Carlisle Community and Economic Development Director David Dickey Cultural and Community Affairs Director Molly Thomas Leisure Services Director Gustavo Vergara Public Works Services Director James Moore Executive Assistant to City Manager/Office Manager Lisa Day Brevard County Sheriff's Office Lieutenant Brett Lockhart Brevard County Sheriff's Office Corporal Linda McLaughlin Canaveral Fire Rescue Chief Dave Sargeant Canaveral Fire Rescue Assistant Chief/Fire Marshall Derek Yossifon Mayor Hoog announced Item Nos. 4 and 5, under Public Hearings, should be removed from the Agenda due to the Notice of Hearing legal advertisement not having been published in the newspaper. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to remove Item Nos. 4 and 5 from the Agenda. Motion carried 5-0 PUBLIC PARTICIPATION: Mark Sutton, 224 Grant Avenue, Cocoa Beach, FL, expressed concerns regarding the increasing population of peafowl in the City, suggested the City treat the situation in a humane way and conduct a peacock survey of the community. Steve Miller, resident, suggested signage to help avoid traffic jams on N. Atlantic Avenue when the birds are crossing and mentioned a State program that aids in managing peafowl. Council discussed the peafowl issues and thanked both speakers. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • May 18, 2021 Minutes • Page 2 of 3 CONSENT AGENDA: Mayor Hoog asked if any Items needed to be removed for discussion. None were removed. 1. Approve Minutes for April 20, 2021 City Council Regular Meeting. 2. Approve Proposal from Sign Access, Inc. in the amount of $40,228 to remove and replace the City Hall monument sign, including a new Electronic Message Center and authorize City Manager to execute the same. 3. Approve Amendment No. 1 to Purchase Order No. 20158 to Tetra Tech in the amount of $29,556 for Construction Phase Engineering Services as part of the Lift Station No. 8 Rehab Project and authorize City Manager to execute same. A motion was made by Council Member Brown, seconded by Mayor Pro Tem Raymond, to approve the Consent Agenda. The motion carried 5-0. PUBLIC HEARINGS: 4. Ordinance No. 30-2021; amending Section 2-300 of the City Code related to the City's Travel Reimbursement Policy; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation in the Code, severability and an effective date, second reading. REMOVED BY COUNCIL 5. Ordinance No. 31-2021; amending Chapter 62 — Solid Waste, regulating the collection and disposal of solid waste and construction and demolition debris within the jurisdictional limits of the City of Cape Canaveral; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. REMOVED BY COUNCIL ITEM FOR ACTION: 6. Review and approve March 31, 2021 Strategic Planning Retreat Minutes and Draft Summary Report; authorizing revisions to Mission, Vision and Values Statements; setting short, intermediate and long-term strategic goals beginning Fiscal Year 2021/22: City Manager Morley discussed the items set forth for Council approval, including Retreat Minutes and draft Strategic Planning Retreat Summary Report prepared by Strategic Planning Consultant and Meeting Facilitator Doug Thomas, the City's Vision and Mission Statements, Organizational Values, Pillars and Council's completed Prioritization Tally sheets, City Project completion time frames related to the 2021/2022 fiscal year budget and future budgets, acquisition status of Cherie Down Park and the Promenade property appraisal for purchase, the State mandated Sanitary Sewer Infrastructure GIS (Geographic Information System) Mapping and Inspection Program will be installed by a Continuing Consulting and Professional Services Contractor in coordination with Staff, the Resiliency Action Plan is ready to move forward after Council adoption, a Solar Light Donation Item will be presented to Council in June, Council Member Kellum agreed to meet with the residents and a business owner regarding the Oak Lane Paving and Stormwater Project and program development of Metrics and Key Performance Indicators for municipal operations. Discussion ensued and included Council approval of all Items as written or as amended, the evolving Strategic Planning process, satisfaction and positive comments for Consultant Thomas and the experience as a whole, concern over creating too much busy work for Staff related to a program for Metrics and Key Performance Indicators, simplifying metrics to be manageable for City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • May 18, 2021 Minutes • Page 3 of 3 Staff and helpful to Council for citizens, appreciation for the Blue Sky portion of the Retreat, beach -end street improvements and natural amenities, purchase of unused parcels, the Re - Visioning Project, the desire to continue seeking City signage at the north entrance into the City on State Road A1A and the Florida Department of Transportation Public Meeting is now scheduled for Fall 2021 to include presentations on two road projects. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve the Strategic Planning Retreat Minutes and Draft Summary Report as written. The motion carried 5-0. REPORTS: Council Member Morrison discussed resuming Friday Fest, outdoor volleyball with low-cost posts on the beach and thanked first responders and Staff. City Manager Morley discussed bringing forth a June Agenda Item to terminate the COVID-19 Pandemic related City Emergency Declarations and scheduling Friday Fest for July 2021. Council Member Brown discussed attending the Brevard County Tourist Development Council Marketing Committee Meeting in April, advocacy for and efforts to improve City branding related to locally -based businesses and thanked first responders and Staff. Mayor Pro Tem Raymond discussed attending the virtual Space Coast League of Cities Board Meeting and plan for an in -person Regular Meeting on June 14, 2021 at Field of Dreams in West Melbourne, the Space Coast League of Cities municipal scholarship application now available online, Sustainability and Resiliency -related speaking engagements on May 5, 2021 at the Audubon Society in Orlando during a virtual panel of the East Central Florida Regional Resiliency Collaborative on May 7, 2021 on National Public Radio, a Resiliency and Sustainability speaking engagement at the June 22, 2021 Cocoa City Council Meeting, commended Council for support of the Resiliency and Sustainability initiative and Staff for hiring a Sustainability Manager. Council Member Kellum discussed attending the Space Coast Transportation Planning Organization Meeting, the volleyball idea as a nice addition to the beach, investigating how to control peacocks in the City without getting rid of them and thanked Staff. Mayor Hoog discussed efficient City permitting procedures as compared to other municipalities and requested City Manager Morley talk about upcoming City business. City Manager Morley discussed Agenda Items for the June City Council Meeting will be 24-hour alcohol sales and the naming the Multi -Generational Facility under Discussion, a letter to be signed by Mayor Hoog on behalf of the City requesting Governor DeSantis veto Florida House Bill 403, and reminded Council Members that City Manager Evaluation forms are due Friday, May 21, 2021. Discussion ensued regarding the Plexiglas panels and concern over using the honor system to trust individuals have received vaccinations. Council reached consensus to remove Plexiglas panels from Council Chambers. ADJOURNMENT: The Meeting was adjourned at 7:26 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2021-06; repealing City Council Resolution No. 2020-09 which previously declared a Civil Emergency related to COVID-19 including repealing Supplemental Emergency Orders No. 1 (temporarily tolling time periods for processing development permit applications), No. 2 (temporarily allowing use of feather flags and snipe signs by businesses), and No. 3 (temporary beach use restrictions and amending use of feather flags and snipe signs to "essential service" businesses only); providing for the repeal of prior inconsistent Resolutions and the repeal of Resolution No. 2020-12 (temporary reduction or waiver of certain fees); Resolution No. 2020-21 (temporarily modifying when impact fees are paid); Resolution No. 2020-24 (temporarily extending the effective date of the new building permit fee schedule and Community Appearance Board Application fee schedule); and Resolution No. 2020-27 (temporarily reducing commercial recreational franchise fees by 50%), severability and an effective date. Department: Legislative Summary: In response to the COVID-19 Pandemic, the Cape Canaveral City Council adopted Resolution No. 2020-09 on April 14, 2020 which confirmed and extended the Declaration of Civil Emergency approved by the Mayor on March 16, 2020 and affirmed and ratified the Mayor's Supplemental Emergency Orders No. 1, No. 2, and No. 3. The Supplemental Emergency Orders were expressly to remain in effect until amended or cancelled in accordance with the City's Emergency Powers. Throughout the remainder of the year a number of additional Resolutions were approved in response to community needs during the pandemic. All of these additional Resolutions were tied to the repeal of the local Emergency Order. Under Reports at the May 18, 2021 Regular City Council Meeting, reference was made to Florida Governor DeSantis' recent Executive Orders 21-101 and 21-102 and actions of the Florida Legislature which narrowed the scope of future local emergency orders. In response, the City Manager stated that this item, a Resolution terminating the City of Cape Canaveral Emergency Declaration and related COVID-19 Resolutions would be placed on the June 15, 2021 City Council Agenda. Timeline summary of Emergency Orders and Resolutions: 1. March 9, 2020, Governor DeSantis issued Executive Order No. 20-52 declaring a State of Emergency due to the COVID-19 Pandemic. 2. March 13, 2020, President Trump declared a national emergency regarding COVID-19. 3. March 15, 2020, Brevard County declared a county emergency regarding COVID-19. 4. March 16, 2020, pursuant to Chapter 18 of the City Code of Ordinances, the Mayor issued a Declaration of Civil Emergency regarding COVID-19 (Attachment 1). 5. March 20, 2020, the Mayor issued Supplemental Emergency Order No. 1, temporarily tolling time periods for processing development permit applications (Attachment 2). 6. March 27, 2020 the Mayor issued Supplemental Emergency Order No. 2, temporarily allowing use of feather flags and snipe signs by businesses (Attachment 3). 7. April 3, 2020, the Mayor issued Supplemental Emergency Order No. 3, authorizing temporary beach use restrictions and amending use of feather flags and snipe signs to "essential service" businesses only (Attachment 4). 8. April 14, 2020 City Council held a Special Meeting during which Resolution No. 2020-09 (Attachment 5) was adopted which confirmed and extended the Declaration of Civil Emergency approved by the Mayor on March 16, 2020 and affirmed and ratified the Mayor's Supplemental Emergency Orders No. 1, No. 2, and No. 3. City of Cape Canaveral City Council Meeting • June 15, 2021 Agenda Item # 2 Page 2 of 2 9. May 19, 2020, the City Council approved Resolution No. 2020-12 which temporarily reduced or waived certain city fees (Attachment 6) through September 30, 2020. 10. September 15, 2020, City Council approved Resolution No. 2020-21 (Attachment 7), allowing Impact Fees to be paid at the end of a project by temporarily suspending Section 2-234(b) for the period of time that the Resolution remains in effect; also modifying the termination date set forth in Resolution No. 2020-12 (fee reductions and waivers) to coincide with the repeal of Emergency Resolution No. 2020-09, unless terminated otherwise by a separate Resolution. 11. September 15, 2020, City Council approved Resolution No. 2020-24 (Attachment 8), modifying Resolution No. 2020-01 by extending the Effective Date of the new Building Permit Fee Schedule and the Community Appearance Board Application Fee Schedule to such time that Emergency Resolution No. 2020-09 is repealed, unless terminated otherwise by a separate Resolution. 12. October 20, 2020, City Council approved Resolution No. 2020-27 (Attachment 9), temporarily reducing Commercial Recreational Franchise fees by 50% until Emergency Resolution No. 2020-09 is terminated. By adopting Resolution No. 2021-06 (Attachment 10), the following will occur: • City Council Resolution No. 2020-09 (item 8, above) will be repealed, thereby terminating the Civil Declaration of Emergency, and • Items 5 through 7 and items 9 through 12, above, will be repealed. • The Resolution will take effect immediately. Submitted by: Todd Morley Date: 06/01/21 Attachments: Attachment 1, Mayor's Declaration of Civil Emergency Attachment 2, Mayor's Supplemental Emergency Order No. 1 Attachment 3, Mayor's Supplemental Emergency Order No. 2 Attachment 4, Mayor's Supplemental Emergency Order No. 3 Attachment 5, City Council Resolution No. 2020-09 Attachment 6, City Council Resolution No. 2020-12 Attachment 7, City Council Resolution No. 2020-21 Attachment 8, City Council Resolution No. 2020-24 Attachment 9, City Council Resolution No. 2020-27 Attachment 10, City Council Resolution No. 2021-06 Financial Impact: Resumption of previous fee schedules which were temporarily reduced or waived as enumerated in Resolution No. 2020-12; resumption of the previous requirement for Impact Fees to be paid at the beginning of a project; implementation of the new Building Permit Fee Schedule and the Community Appearance Board Application Fee Schedule; resumption of previous Commercial Recreational Franchise fees; and Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 06/01/21 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2021-06. Approved by City Manager: Todd Morley Date: 06/01/21 Attachment 1 BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL DECLARATION OF CIVIL EMERGENCY WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can be spread among humans through respiratory transmission and presents with symptoms similar to those of influenza; and WHEREAS, Governor DeSantis has issued Executive Order Number 20-52 declaring a state of emergency in the State of Florida regarding COVID-19, which is hereby incorporated herein by this reference with respect to findings and applicability to the municipalities within the State of Florida; and WHEREAS, on March 13, 2020, President Donald Trump has declared a national emergency regarding COVID-19; and WHEREAS, on March 15, 2020, Brevard County declared a county emergency regarding COVID-19; and WHEREAS, the Centers for Disease Control and Prevention has issued interim guidance for COVID-19 which currently recommends that for the next 8 weeks, organizers (whether groups or individuals) cancel or postpone in -person events that consist of 50 people or more throughout the United States, and have recommended practicing "social distancing" in public spaces to slow the spread of infection; and WHEREAS, cities in the United States and foreign cities are experiencing COVID- 19 outbreaks that have had significant health, safety, and economic impacts on their residents, businesses, and visitors, and have resulted in mandatory quarantines, self - isolation, business supply chain interruptions, cancellations of school and conventions and other actions affecting people's lives and livelihoods; and WHEREAS, in furtherance of the emergency declarations of the President of the United States, Governor of Florida, and Brevard County, I find it necessary, by virtue of the authority vested in me as Mayor of the City of Cape Canaveral, Florida, to likewise declare a local public health emergency within Cape Canaveral so the City may immediately take emergency protective actions when necessary and do its part to attempt to slow the spread of infection of COVID-19 and to take such steps deemed necessary to protect the public health, safety and welfare; and WHEREAS, Chapter 252.38(3)(a), Florida Statutes, provides authority for a political subdivision such as the City of Cape Canaveral to declare a state of local emergency and to exercise certain powers and authority to safeguard the lives and property of its citizens; and City of Cape Canaveral Mayor Declaration of Emergency COVID-19 Page 1 of 4 WHEREAS, pursuant to Section 18-2 of the City Code of the City of Cape Canaveral, Florida, the Mayor shall have the right to declare a civil emergency provided the declaration is in writing in the event the City Council cannot be convened at a meeting in a timely manner to address the civil emergency; and NOW, THEREFORE, BE IT DECLARED PURSUANT TO POWER VESTED IN ME, AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that COVID-19 poses a serious threat to the lives and property of the residents and businesses of the City of Cape Canaveral and that a state of local emergency is declared effective this 16th day of March, 2020 for all the territory within the legal boundaries of the City of Cape Canaveral. SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this resolution. SECTION 2. Emergency Powers. As Mayor, I hereby authorize the City to exercise its authority and powers pursuant to Florida Statutes 252.38(3)(a) and Chapter 18 of the City Code, and under the direction of the City Manager to the extent necessary to protect the public health, safety and welfare and the best interests of the City of Cape Canaveral, which include the authority and powers to: 1. CONTRACTS; EQUIPMENT, SUPPLIES. Appropriately expended funds; make contracts; obtain and distribute equipment, materials and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergencies; and direct and coordinate the development of emergency management plans set by the Federal and State Emergency Management agencies. 2. ADDITIONAL PERSONNEL: Appoint, employ, remove, or provide (with or without compensation) coordinators, rescue teams, fire and police personnel, and other emergency management workers. 3. EMERGENCY OPERATING CENTERS: Establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations. 4. ASSIGNMENT — CITY PROPERTY/PERSONNEL: Assign and make available for duty the offices and agencies which operate under the City Council of the City of Cape Canaveral, including the employees, property, and equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the City of Cape City of Cape Canaveral Mayor Declaration of Emergency COVID-19 Page 2 of 4 Canaveral for employment within or outside the political limits of the City of Cape Canaveral. 5. REQUEST FOR ASSISTANCE: Request Federal, State and County assistance or invoke emergency related mutual aid assistance by declaring a state of local emergency in the event of emergency affecting the City of Cape Canaveral. 6. WAIVER OF PROCEDURES: To waive the procedures and formalities otherwise required of the City of Cape Canaveral by law pertaining to: a) Performance of public work and taking whatever prudent action necessary to ensure the health, safety, and welfare of the community b) Entering into contracts c) Incurring obligations d) Employment of permanent and temporary workers e) Utilization of volunteer workers f) Rental of equipment g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities h) Appropriation and expenditure of public funds 7. DURATION OF DECLARATION. Pursuant to Section 18-4 of the City Code, this declaration of civil emergency shall commence immediately, and shall terminate when the declaration has been rescinded or terminated by resolution of the City Council or written instrument executed by the undersigned Mayor. 8. CITY MEETINGS AND EVENTS. Unless otherwise directed by the City Council, the City Manager is hereby authorized to cancel or postpone all City board meetings and City hosted/organized/sponsored public events and gatherings as deemed advisable under the guidance provided by public health officials. SECTION 3. City Officials. All public officials and employees of the City of Cape Canaveral are hereby directed to exercise the utmost diligence in the discharge of the duties required of them for the duration of the emergency and in the execution of emergency laws, regulations and directives, state and local. SECTION 4. Citizens. All citizens are called upon to stay informed about COVID-19 and are hereby directed to comply with the necessary emergency measures, to cooperate with public officials and civil public health officials, and emergency disaster service forces in executing the emergency operational plans, and to obey and comply with the lawful directions of properly identified public officers. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this declaration is for any reason held invalid or City of Cape Canaveral Mayor Declaration of Emergency COVID-19 Page 3 of 4 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 6. Effective Date. This declaration shall become effective immediately upon the execution of this declaration by the undersigned. SECTION 7. Notice to the City Council. The City Clerk is hereby directed to provide a copy of this declaration to all members of the City Council, City Manager, City Attorney, City Department Directors, and other appropriate government officials. DECLARED by the Mayor of the City Council of the City of Cape Canaveral, Florida, this 16th day of March, 2020. ATTEST (City Seal) Mia Goforth City Clerk, MMC Bob Hoog, Mayor Approved as to legal form and sufficiency for The City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Mayor Declaration of Emergency COVID-19 Page 4 of 4 Attachment 2 BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL DECLARATION OF EMERGENCY— COVID-19 SUPPLEMENTAL EMERGENCY ORDER #1 WHEREAS, on March 16, 2020, by the powers vested in me as Mayor of the City of Cape Canaveral, I issued a local Declaration of Emergency within the City of Cape Canaveral regarding COVID-19 ("Declaration") following declarations of emergency issued respectively by the President of United States, Governor Ron DeSantis and Brevard County, and said Declaration shall remain in full force and effect until further notice; and WHEREAS, the intent and purpose of this Supplemental Emergency Order is to supplement the Declaration; and WHEREAS. COVID-19 continues to pose an imminent risk to healthcare workers, first responders, and emergency medical services workers caring for patients with COVID-19 and to residents and businesses in Cape Canaveral and neighboring communities; and WHEREAS, the Centers for Disease Control and Prevention ("CDC") currently recommends mitigation measures in communities with COVID-19 cases including no meetings, events, or gatherings with ten (10) or more people, staying at home when sick, keeping away from others who are sick, and staying at home when a household member is sick with respiratory disease symptoms or if instructed to do so by public health officials or a health care provider; and WHEREAS, the ability to conduct public business in accordance with Florida's Sunshine Law and quasi-judicial requirements at open public meetings is currently severely hampered; and WHEREAS, formerly routine processes of the City, and elsewhere, are disrupted and taking longer to accomplish due to coronavirus precautions being mandated by the federal, state and county governments; and WHEREAS, under the circumstances, additional time for applicants and the City to complete and process development permit or development order applications will likely be required during the current emergency; and WHEREAS, during this emergency period, City staff will continue to process development permit and development order applications as quickly as is possible under the circumstances; and NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER VESTED IN ME, AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that this Supplemental Emergency Order is hereby adopted and applicable for all the territory within the legal boundaries of the City of Cape Canaveral. SECTION 1, Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Supplemental Emergency Order. SECTION 2 Tolling of Timefranmes for Processing Applications Under Section 166.033, Florida Statutes and City Code. The time frames for the City to process any and all applications for development permits or development orders under Section 166.033, Florida Statutes and applicable City Codes are hereby tolled until the City staff fully responds and applicable City committees or boards take official action on the application, or the current Declaration expires rescinded, whichever occurs first. Upon expiration or rescission of the Declaration, the timefrarnes shall be extended by an additional thirty (30) days for pending applications in order to provide a smooth transition for applicants to complete and the City to process such applications. At the expiration or rescission of the Declaration, the subject matter of this Supplemental Emergency Order shall be reevaluated in light ofconditions presented at that tinne, and a determination of whether further extensions of the tirnefrarnes and this Order are necessary. SECTION 3, Effective Date. This Supplemental Emergency Order shall become effective immediately upon execution of this order by the undersigned. SECTION 4, Notice to the City Council. The City Clerk is hereby directed to provide a copy of this Supplemental Emergency Order toall members of the City Council, City Manager, City Attorney, City Department Directors, and other appropriate government officials. In addition, a copy shall also be provided to all current and future applicants of development permits and development orders affected by this Supplemental Emergency Order. DECLARED by the Mayor of the City of Cape Canaveral, Florida this 20th day of March, 2020. Bob Hoog, Mayor ATTEST (City Seal) Mia Goforth City Clerk, MMC Approved as to legal form and sufficiency for the City of Cape Canaveral, Florida only: Anthony A. Garganese, City Attorney Attachment 3 BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL DECLARATION OF EMERGENCY — COVID-19 SUPPLEMENTAL EMERGENCY ORDER #2 (Feather Flags and Snipe Signs) WHEREAS, on March 16, 2020, by the powers vested in me as Mayor of the City of Cape Canaveral, I issued a local Declaration of Emergency within the City of Cape Canaveral regarding COVID-19 ('Declaration') following declarations of emergency issued respectively by the President of United States, Governor Ron DeSantis and Brevard County, and said Declaration shall remain in full force and effect until further notice; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ('CDC') issued the '15 Days to Slow the Spread' guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, bars, restaurants, food courts gyms and other indoor and outdoor venues where groups of people congregate should be closed; and WHEREAS, in furtherance of the President's guidance and the guidance of the State Surgeon General, Govemor DeSantis has issued several Executive Orders to -date that restrict the operations of various businesses in order to implement and comply with social distancing guidelines; and WHEREAS, businesses around the country, including those in Cape Canaveral, that are still permitted to operate have been forced to adapt to these social distancing guidelines and orders, and are implementing creative operational changes to attract and service customers during the emergency period; and WHEREAS, as Mayor of the City of Cape Canaveral, I am committed to supporting retailers, restaurants and their employees as they pursue creative business practices that safely serve customers during this temporary period of social distancing and emergency, and WHEREAS, the intent and purpose of this Supplemental Emergency Order #2 is to supplement the Declaration; and WHEREAS, COVID-19 continues to pose an imminent risk to healthcare workers, first responders, and emergency medical services workers caring for patients with COVID-19 and to residents and businesses in Cape Canaveral and neighboring communities; and WHEREAS, the Centers for Disease Control and Prevention (`CDC' currently recommends mitigation measures in communities with COVID-19 cases including no meetings, events, or gatherings with ten (10) or more people, staying at home when sick, keeping away from others who are sick, and staying at home when a household member is sick with respiratory disease symptoms or if instructed to do so by public health officials or a health care provider, and 1 WHEREAS, in order to promote the sale of available and necessary goods and services to the public and to attract potential customers in need of such goods and services while traveling along the rights -of -way without unnecessarily leaving their vehicles and maintaining social distancing guidelines, I support a temporary waiver of the City's Sign Code during this unique COVID-19 emergency to allow the installation of temporary on -premises "feather flags" and "snipe signs" by businesses providing available goods and services to the public provided the installed feather flags and snipe signs comply with the terms of this Supplemental Order #2; and WHEREAS, the terms and conditions imposed by this Supplemental Order #2 for feather flags and snipe signs are derived predominantly from the terms and conditions established by the City Council for other authorized temporary on -premises signs as set forth in Chapter 94 of the Cape Canaveral Code; and WHEREAS, this Supplemental Emergency Order #2 is intended to apply to businesses located only within the City's commercial and industrial zoning areas and zoned C-1, C-2 and M- 1 zoning districts; and WHEREAS, upon termination of the emergency and Declaration, however, the waiver authorized by this Supplemental Declaration shall expire and any feather flags and snipe signs shall be permanently removed because under normal circumstances, such flags and signs contribute to long lasting urban blight and deterioration, negatively impact the quality of life of Cape Canaveral residents and businesses, are contrary to maintaining Cape Canaveral as an attractive, safe and healthy sustainable urban environment, and if allowed to proliferate could pose traffic safety problems for motorists and pedestrians; and NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER VESTED IN ME, AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that this Supplemental Emergency Order #2 is hereby adopted and applicable for all the territory within the legal boundaries of the City of Cape Canaveral. SECTION 1, Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Supplemental Emergency Order #2. SECTION 2, Sign Code Waiver — Temporary On-Premises Feather Flags and Snipe Signs. On property currently zoned C-1, C-2, and M-1, the prohibition of feather flags and snipe signs under Chapter 94 of the City Code is hereby temporary waived for businesses that are open for business and providing goods and services to the public. Such businesses shall be permitted to install temporary on -premises feather flags and snipe signs under the following terms and conditions: A. In addition to the temporary on -premises signs permitted under Section 94-76 of the Cape Canaveral City Code, one temporary on -premises feather flag and one temporary on - premises snipe sign are allowed for every 150 linear feet of property frontage, or portion thereof unless additional signage is authorized and required by state or federal law. Individual tenant spaces occupied by a business located on a property shall be permitted one such feather flag and one snipe sign for each separate business, regardless of the linear feet of property frontage so 2 that each business operating in separate space on the property is afforded an equal opportunity to install one feather flag and one snipe sign. Feather flags and snipe signs must also comply with the following conditions and requirements: (1) Shall only be displayed during the operational hours of the subject business, and shall be removed and installed inside a building when the business is not in operation. (2) Shall be substantially secured or weighted to resist movement while on display. (Per Sec. 94-76(2)(4), Cape Canaveral Code) (3) Shall not encroach into vehicular circulation areas or be located so as to reduce parking areas. (Per Sec. 94-76(2)(n)(5), Cape Canaveral Code) (4) Minimum setbacks for any part of the temporary feather flag or snipe sign structure shall be a minimum of two feet from any right-of-way. (Per Sec. 94-76(2)(g), Cape Canaveral Code) (5) No part of any temporary feather flag and snipe sign shall be placed within the right-of- way or within the visibility triangle or in any way which impedes pedestrian and/or vehicular traffic safety. No part of any temporary feather flag and snipe sign shall be located so as to reduce any required parking area. No part of any temporary feather flag and snipe sign shall be located in such a way that it restricts a pedestrian way and/or sidewalk to less than 44 inches in width. Temporary feather flags and snipe signs shall be removed and brought inside a building when there are storm warnings so as not to become a hazard during a storm event. (Per Sec. 94-76(2)(h), Cape Canaveral Code) (6) Shall be freestanding and shall not rely on any support that is not a part of the feather flag or snipe sign. (Per Sec. 94-76(2)(i), Cape Canaveral Code) (7) Snipe signs shall be treated substantially similar to temporary on -premises sandwich boards and subject to the following conditions: a. Shall not exceed five feet in overall height (per Sec. 94-76(2)(n)(1), Cape Canaveral Code); b. Shall not exceed 12 square feet in area (per Sec. 94-76(2)(n)(2), Cape Canaveral Code); c. May be double-faced (back-to-back) and only one side of a double-faced sign shall be counted for sign area calculations. (Per Sec. 94-76(2)(e), Cape Canaveral Code); and d. Shall be constructed of sturdy material such as wood, hard plastic, vinyl, hardboard or particle board of sufficient thickness so as to withstand the weather elements commonly experienced within the city. Cardboard and paper -faced temporary signs are strictly prohibited unless they are safely fastened, in their entirety, to a backing made of material set forth in this section (Per Sec. 94-76(2)(j), Cape Canaveral Code). 3 (B) No provision of this Supplemental Emergency Order #2 shall be construed or interpreted as authorizing the installation of an off -premises feather flag and snipe sign. (C) At such a time as the Declaration or Supplemental Emergency Order #2 is terminated, all feather flags and snipe signs installed pursuant to this Supplementary Emergency Order #2 shall be removed by the business or property owner within 24 hours of said termination. (D) Pursuant to Section 18-3 of the Cape Canaveral City Code, this emergency measure shall have the full force and effect of law. Violations of this emergency measure shall constitute a code violation and be punishable pursuant to Section 18-6, Cape Canaveral Code. SECTION 3, Effective Date; Termination. This Supplemental Emergency Order #2 shall become effective immediately upon execution of this order by the undersigned and upon termination, feather flags and snipe signs shall again be considered prohibited signs under Chapter 94 of the Cape Canaveral Code. This Supplemental Emergency Order #2 may be expressly terminated by subsequent order of the Mayor or City Council or shall automatically terminate at such time the Declaration is terminated. SECTION 4. Notice to the City Council. The City Clerk is hereby directed to provide a copy of this Supplemental Emergency Order to all members of the City Council, City Manager, City Attorney, City Department Directors, and other appropriate government officials. DECLARED by the 'Mayor of the City of Cape Canaveral, Florida this 27th day of March, 2020. ATTEST (City Seal) Mia Goforth City Clerk, MMC Bob Hoog, Mayor Approved as to legal form and sufficiency for the City of Cape Canaveral, Florida only: Anthony A. Garganese, City Attorney 4 Attachment 4 BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL DECLARATION OF EMERGENCY — COVID-19 SUPPLEMENTAL EMERGENCY ORDER #3 (Governor EO 20-91/92 - Beaches and Amendment to Supplemental Emergency Order #2 re: Feather Flags and Snipe Signs) WHEREAS, on March 16, 2020, by the powers vested in me as Mayor of the City of Cape Canaveral, I issued a local Declaration of Emergency within the City of Cape Canaveral regarding COVID-19 ("Declaration") following declarations of emergency issued respectively by the President of United States, Governor Ron DeSantis and Brevard County, and said Declaration shall remain in full force and effect until further notice; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, bars, restaurants, food courts gyms and other indoor and outdoor venues where groups of people congregate should be closed; and WHEREAS, on March 31, 2020, the President updated the guidance, renaming it "30 Days to Slow the Spread," and along with the White House Coronavirus Task Force urged Americans to continue to adhere to the guidelines and expand community mitigation efforts; and WHEREAS, in furtherance of the President's guidance and the guidance of the State Surgeon General, Governor DeSantis has issued several Executive Orders to -date that restrict the operations of various businesses in order to implement and comply with social distancing guidelines; and WHEREAS, on April 2, 2020, Governor DeSantis issued Emergency Executive Order Number 20-91 and 92 imposing a "safer at home" order which requires all persons in Florida to limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, Section 4 of Executive Order Number 20-91, as amended by 20-92 provides that "this Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19;" and WHEREAS, as Mayor of the City of Cape Canaveral, I am committed to supporting the Governor's Executive Orders to fight against the spread of COVID-19, and to protect the residents and businesses in Cape Canaveral; and WHEREAS, the intent and purpose of this Supplemental Emergency Order #3 is to supplement the Declaration and to expressly revise Supplemental Emergency Order #2 regarding feather flags and snipe signs to address the local preemption in Section 4 and therefore, to permit such flags or signs for businesses that are only deemed to be providing "essential services" as defined by the Governor's Executive Order Number 20-91 and 92; and 1 WHEREAS, Executive Order Number 20-91 also limits citizen conduct to "essential activities," which include "participating in recreational activities (consistent with social distancing guidelines) such as walking, biking, hiking, fishing, hunting, running, or swimming" and prohibits social gatherings in a public space; and WHEREAS, Executive Order Number 20-91 further provides that local jurisdictions shall ensure that groups of people greater than ten are not permitted to congregate in any public space; and WHEREAS, in recognition of Executive Order Number 20-91 may impact our citizens ability to use the beaches within the City of Cape Canaveral, and other Brevard County beachside communities are adopting a similar approach, I find it necessary to post a public notice at the beaches as specifically stated herein; and NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER VESTED IN ME, AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that this Supplemental Emergency Order #3 is hereby adopted and applicable for all the territory within the legal boundaries of the City of Cape Canaveral. SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Supplemental Emergency Order #3. SECTION 2. Amendment to Supplemental Emergency Order #2 — "Essential Services" Businesses. Due to the local preemption set forth in Section 4 of the Governor's Executive Order Number 20-91 and 20-92, Supplemental Emergency Order #2 is hereby revised to limit the use of feather flags or snipe signs by businesses that are only permitted to operate because such businesses are deemed to be providing "essential services" as defined by the Governor's Executive Order Number 20-91. SECTION 3. Beaches — Essential Activities Permitted. Due to the Governor's Executive Order Number 20-91, the City Manager shall post a public notice at public beach access points and advise Cape Canaveral residents by use of social media in a manner substantial form as follows: COVID-19 Beach Restrictions In Furtherance of Florida Governor DeSantis' Executive Order 20-91, the following Beach Restrictions will be in effect beginning April 3, 2020 at 12:01 a.m. in order to suppress the spread of the COVID-19 virus until further notice: 2 Beach activities are limited to Participating in Recreational Activities (consistent with Social Distancing Guidelines) such as walking, biking, hiking, fishing, running or swimming. Beaches are closed to activities which violate CDC social gathering and social distancing guidelines. Beachgoers must abide by Social Distancing (minimum 6 ft.) Social Gatherings of 10 or more people are prohibited. Beachgoers must act responsibly consistent with all public guidelines so that beaches may remain open for these limited activities. The City reserves the right to fully close the beaches if the public engages in irresponsible behavior inconsistent with public guidelines. To view Florida Executive Order 20-91, or to learn more about how you can protect yourself from the COVID-19 Virus, please visit wwvv.cityofcapecanaveral.org Working Together We Can Get Through This ****************************************************************************/ The City Manager may revise this notice if he deems necessary to address the public health, safety and welfare of the public pursuant to the emergency authority vested in him under Chapter 18 of the City Code. SECTION 4. Effective Date; Termination. This Supplemental Emergency Order #3 shall become effective immediately upon execution of this order by the undersigned. SECTION 5. Notice to the City Council. The City Clerk is hereby directed to provide a copy of this Supplemental Emergency Order to all members of the City Council, City Manager, City Attorney, City Department Directors, and other appropriate government officials. DECLARED by the Mayor of the City of Cape Canaveral, Florda this 3rd day of April, 2020. Bob Hoog, Mayor ATTEST (City SeaI) Mia Goforth City Clerk, MMC 3 Approved as to legal form and sufficiency for the City of Canaveral, Florida only: Anthony A. Garganese, City Attorney 4 Attachment 5 RESOLUTION NO. 2020-09 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; CONFIRMING AND EXTENDING THE COVID-19 DECLARATION OF CIVIL EMERGENCY APPROVED BY THE MAYOR ON MARCH 16, 2020; AFFIRMING AND RATIFYING THE MAYOR'S SUPPLEMENTAL EMERGENCY ORDERS NO. 1 (TEMPORARILY TOLLING TIME PERIODS FOR PROCESSING DEVELOPMENT PERMIT APPLICATIONS), NO. 2 (TEMPORARILY ALLOWING USE OF FEATHER FLAGS AND SNIPE SIGNS BY BUSINESSES), AND NO. 3 (TEMPORARY BEACH USE RESTRICTIONS AND AMENDING USE OF FEATHER FLAGS AND SNIPE SIGNS TO "ESSENTIAL SERVICE" BUSINESSES ONLY); AFFIRMING AND RATIFYING THE CITY MANAGER'S EMERGENCY ORDER NO. 1 (PROHIBITING THE USE OF PUBLIC BEACH -END PARKING SPACES WITHIN CITY RIGHTS -OF -WAY FOR BEACH ACCESS); PROVIDING FOR THE FUTURE TERMINATION OF THE CIVIL EMERGENCY BY THE CITY COUNCIL AT A LATER DATE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, this Resolution is adopted in accordance with the emergency powers vested in the City of Cape Canaveral pursuant to Chapter 252, Florida Statutes, Chapter 18 of the City Code and other applicable law (hereinafter referred to as "City's Emergency Powers"); and WHEREAS, following declarations of emergency issued respectively by the President of the United States, Governor Ron DeSantis and Brevard County, the Mayor of Cape Canaveral, by the powers vested in the Mayor by law, issued a local Declaration of Emergency within the City of Cape Canaveral regarding COVID-19 on March 16, 2020 (hereinafter referred to as "Declaration"); and WHEREAS, after the issuance of the Declaration, on March 31, 2020, the President updated federal public health guidance regarding COVID-19 and issued an advisory called "30 Days to Slow the Spread," and along with the White House Coronavirus Task Force urged Americans to continue to adhere to CDC social distancing guidelines and expand community mitigation efforts to avoid gatherings of more than 10 people; and WHEREAS, in furtherance of the President's guidance and the guidance of the State Surgeon General, Governor DeSantis has issued several Executive Orders to -date that restrict certain activities and the operations of various businesses in order to implement and comply with social distancing guidelines and mitigate against the spread of COVID-19, strengthened public health measures in response to COVID-19, and temporarily authorized local government boards to conduct virtual public board meetings using communication media technologies such as telephonic and video conferencing in an effort to assist local governments to conduct board business while avoiding public in -person group meetings; and City of Cape Canaveral Resolution No. 2020-09 Page 1 of 4 WHEREAS, also after the issuance of the Declaration, Governor DeSantis issued Emergency Executive Order Number 20-91 and 92 on April 2, 2020, imposing a "safer at home" order which requires all persons in Florida to limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, in furtherance of the Declaration, and an emergency action taken by Brevard County, Canaveral Port Authority and other Brevard County Municipalities to close public beach parking to limit public access to the beaches in order to mitigate against the occurrence of mass gatherings and the spread of COVID-19, the City Manager issued Emergency Order CM #1 establishing an emergency measure pursuant to Section 18-3(m) of the City Code to likewise prohibit the public's use of City public beach -end parking spaces located on City rights -of -way for beach access purposes; and WHEREAS, the City Council hereby finds that the City is currently in a state of emergency due to the fact that in conjunction with other local, state and federal agencies, the City is required to continue to take appropriate measures to deal with the COVID-19 emergency; and WHEREAS, the City Council further finds that it is necessary and reasonable for the City to continue lawfully exercising emergency powers invoked by the Declaration approved by the Mayor as deemed necessary to preserve and protect the public health, safety and welfare of the citizens of Cape Canaveral and City officials and staff; and WHEREAS, pursuant to Section 18-4 of the City Code, the City Council finds that the COVID-19 Emergency exists and it is necessary to confirm and extend the Declaration of Civil Emergency approved by the Mayor until further notice of the City Council and to affirm and ratify the previous Supplemental Emergency Orders issued by the Mayor and referenced herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Confirming and Extending Civil Declaration of Emergency. Pursuant to Section 18-4 of the City Code, the City Council hereby confirms and extends until further action of the City Council, the Declaration of Civil Emergency approved by the Mayor on March 16, 2020. City of Cape Canaveral Resolution No. 2020-09 Page 2 of 4 An executed copy of the Declaration of Civil Emergency is attached to this Resolution and fully approved by the City Council and incorporated herein by this reference. Section 3. Affirming and Ratifying Prior Supplemental Emergency Orders by Mayor and City Manager. (a) Supplemental Emergency Orders Nos. 1, 2 and 3 issued by the Mayor in further of the Declaration are hereby affirmed and ratified and shall remain in effect until amended or cancelled by the City Council, Mayor or City Manager pursuant to the City's Emergency Powers. (b) Emergency Order No. CM #1 issued by the City Manager prohibiting the public's use of public beach -end parking spaces, which are located on City rights -of -way, for beach access purposes shall remain in effect until amended or cancelled by the City Council, Mayor or City Manager. An executed copy of Emergency Order CM#1 issued by the City Manager referenced herein is attached to this Resolution and fully approved by the City Council and incorporated herein by this reference. (c) Neither this Section nor any other provision of this Resolution shall be construed or interpreted as limiting or repealing any of the City's Emergency Powers, duties and responsibilities vested in the City. (d) Whenever any additional COVID-19 emergency measures or orders under Chapter 18 of the City Code and Chapter 252, Florida Statutes requires approval by the City, the City Manager shall first attempt to convene a special or emergency meeting of the City Council to consider the emergency measure or order. In the event that the City Council cannot be timely convened to address the emergency measure or order, the Mayor and/or City Manager may adopt the emergency measure or order subject to the City Council's review pursuant to Chapter 18 of the City Code. Section 4. Termination of Declaration of Civil Emergency. The Declaration of Civil Emergency issued by the Mayor and approved hereunder shall remain in effect within the jurisdictional limits of the City of Canaveral until terminated by the City Council by Resolution. Section 5. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council, or parts of resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. City of Cape Canaveral Resolution No. 2020-09 Page 3 of 4 Section 7. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting duly assembled on the 14th day of April, 2020. 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 Mike Brown Motion Robert Hoog X Mickie Kellum X Wes Morrison X Angela Raymond Second For Against Motion X City of Cape Canaveral Resolution No. 2020-09 Page 4 of 4 CITY OF CAPE CANAVERAL STATE OF EMERGENCY - COVID-19 CM Order #1 TOWING AND FINES FOR PARKING IN CLOSED AREAS Beginning 12:00 p.m. 3/20/2020 until rescinded Pursuant to the authority vested in me as lnterim City Manager of Cape Canaveral by the City Council of the City of Cape Canaveral, and in furtherance of the Declaration of Civil Emergency signed by Mayor Bob Hoog on March 16, 2020 and the emergency powers vested in me as City Manager under Section 18-3 of the City Code, I hereby Order that vehicles parked in locations that have been closed for use by the public shall be subject to immediate towing and shall be subject to a fine for violation (pursuant to Cape Canaveral City Code Secs. 18-6 and 1-15) which is set at $500,00 per occurrence. The phone number of the towing company is 321-632-1234. Done and ordered this 20th day of March, 2020 Todd Morley, Interim City Manager Attachment 6 RESOLUTION NO. 2020-12 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; TEMPORARILY REDUCING OR WAIVING CERTAIN CITY FEES DESCRIBED HEREIN UNTIL SEPTEMBER 30, 2020 DUE TO THE COVID-19 PANDEMIC EMERGENCY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, this Resolution is adopted in accordance with the emergency powers vested in the City of Cape Canaveral pursuant to Chapter 252, Florida Statutes, Chapter 18 of the City Code and other applicable law (hereinafter referred to as "City's Emergency Powers"); and WHEREAS, the City Council previously adopted Emergency Resolution No. 2020-09 in response to the COVID-19 Pandemic Federal and State Emergency; and WHEREAS, the City Council finds that the COVID-19 Pandemic Emergency has had a negative economic impact on the world economy including the residents and businesses of Cape Canaveral; and WHEREAS, the City Council desires to exercise the City's Emergency Powers and temporarily reduce certain City fees to afford economic relief to residents and businesses in the City of Cape Canaveral as more specifically set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Temporary Reduction or Waiver of Certain City Fees. As specifically stated in this Section, the following City fees are hereby temporary reduced or waived until September 30, 2020: 1. Building permit fees shall be reduced by fifty percent (50%) for residential and commercial projects under $15,000. City of Cape Canaveral Resolution No. 2020-12 Page 1 of 3 2. The Thirty -Five Dollar ($35.00) application Fee charged for all building permit applications shall be waived (fee does not apply to right-of-way permits). 3. The application fee for all City Boards (Planning & Zoning/Board of Adjustment/Community Appearance Board) shall be reduced by fifty percent (50%). 4. The Fifty Dollar ($50.00) fee for Zoning Determination letters and Code Enforcement Compliance letters shall be waived. 5. The permit fee for the erection of a tent for purposes of outdoor seating related to restaurants shall be waived. In addition, any person or business who has previously paid this fee in response to the Governor's order shall be reimbursed by the City as soon as feasible. 6. The Development Review Committee application fee shall be waived 7. Fire Inspection Fees shall be waived. 8. For any new business applying for a business tax receipt for the current fiscal year 2019/20, the new business may defer payment of the business tax receipt for sixty (60) days. 9. For upcoming Friday Fest events scheduled to occur prior to September 30, 2020, application fees shall be waived for businesses located within the City of Cape Canaveral. For vendors whose business is located within the City of Cape Canaveral and have prepaid such application fees, the City shall notify the vendor as soon as feasible that they can either be reimbursed such prepaid fees or be credited for application fees due for future Friday Fest events after September 30, 2020. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council, or parts of resolutions in conflict herewith, are hereby repealed to the extent of the conflict for the term of this Resolution. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. City of Cape Canaveral Resolution No. 2020-12 Page 2 of 3 Section 5. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council, and shall terminate on September 30, 2020. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting duly assembled on the 19th day of May, 2020. ATTEST: (City Seal) Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for theCity of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name Mike Brown X Bob Hoog X Mickie Kellum Motion Wes Morrison X Angela Raymond Second City of Cape Canaveral Resolution No. 2020-12 Page 3 of 3 FOR AGAINST Attachment 7 RESOLUTION NO. 2020-21 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; DUE TO THE ECONOMIC UNCERTAINTY ASSOCIATED WITH THE COVID-19 PANDEMIC EMERGENCY, TEMPORARILY MODIFYING THE PAYMENT TERMS FOR CITY IMPACT FEES TO BE MADE PAYABLE NO LATER THAN THE TIME OF ISSUANCE OF A CERTIFICATE OF OCCUPANCY; TEMPORARILY EXTENDING THE REDUCING OR WAIVING OF CERTAIN CITY FEES DESCRIBED IN RESOLUTION NO. 2020-12; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, this Resolution is adopted in accordance with the emergency powers vested in the City of Cape Canaveral pursuant to Chapter 252, Florida Statutes, Chapter 18 of the City Code and other applicable law (hereinafter referred to as "City's Emergency Powers"); and WHEREAS, the City Council previously adopted Emergency Resolution No. 2020-09 in response to the COVID-19 Pandemic Federal and State Emergency; and WHEREAS, the City Council finds that the COVID-19 Pandemic Emergency has had a negative economic impact on the world economy including the residents and businesses of Cape Canaveral; and WHEREAS, Section 2-234(b) of the City Code currently requires payment of City impact fees at the time of issuance of a building permit for new construction; and WHEREAS, the City Council desires to afford economic relief to residents and businesses engaging in new construction in the City of Cape Canaveral by exercising the City's Emergency Powers and temporarily suspending the payment of City impact fees at the time of issuance of a building permit and require that such fees be paid in full no later than the time of issuance of a certificate of occupancy for new construction; and WHEREAS, the City Council previously adopted Resolution No. 2020-12 reducing or waiving certain City fees described in said resolution until September 30, 2020 and now desires, for consistency purposes, to temporarily extend the reduction or waiver until terminated in the same manner as prescribed in this Resolution; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Payment of City Impact Fees. During the time period that this Resolution remains in effect, the application of Section 2-234(b) is hereby suspended and substituted with the following payment terms: City of Cape Canaveral Resolution No. 2020-21 Page 1 of 2 (a) For building permit applications filed with the City, all impact fees shall be paid by certified funds no later than the time of issuance of a certificate of occupancy for such new construction. Nothing herein shall be construed or interpreted as prohibiting an applicant from paying the impact fees prior to this time including at the time of filing a building permit application. (b) No certificate of occupancy or city license shall be issued until the impact fee as set forth in the City Code have been paid in full. Section 3, Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council, or parts of resolutions in conflict herewith, are hereby repealed to the extent of the conflict for the term of this Resolution. Section 4, Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 5. Modifying Resolution No. 2020-12. The termination date set forth in Resolution No. 2020-12 is hereby modified to provide that Resolution No. 2020-12 shall automatically terminate at such time Emergency Resolution No. 2020-09 is terminated or, at such time expressly terminated by separate resolution adopted by the City Council, whichever occurs sooner. Section 6. Effective Date; Termination. This Resolution shall take effect immediately upon adoption by the City Council, and shall automatically terminate at such time Emergency Resolution No. 2020-09 is terminated or, at such time expressly terminated by separate resolution adopted by the City Council, whichever occurs sooner. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting duly assembled on the 15th day of September, 2020. ATTEST: (City Seal) Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Bob Hoog, Mayor For Against Mike Brown X Robert Hoog X Mickie Kellum X Wes Morrison Motion Angela Raymond Second Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2020-21 Page 2 of 2 Attachment 8 RESOLUTION NO. 2020-24 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; DUE TO THE ECONOMIC UNCERTAINTY ASSOCIATED WITH THE COVID-19 PANDEMIC EMERGENCY, AMENDING THE EFFECTIVE DATE OF RESOLUTION NO. 2020-01 AMENDING APPENDIX B, SCHEDULE OF FEES OF THE CITY CODE RELATED TO CHAPTER 82 BUILDING PERMITS AND CHAPTER 22 COMMUNITY APPEARANCE BOARD APPLICATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council previously adopted Resolution No. 2020-01 amending Appendix B, Schedule of Fees of the City Code related to building permit fees and community appearance board applications which is scheduled to become effective on October 1, 2020; and WHEREAS, the City Council finds that the COVID-19 Pandemic Emergency has had a negative economic impact on the world economy including the residents and businesses of Cape Canaveral, and as a measure of temporary economic relief, the City Council desires to modify the effective date of the new fee schedule until after the local emergency declared by the City Council has been terminated or as otherwise required by the City Council and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Resolution No. 2020-01 Modified. Resolution No. 2020-01, Section 6 Effective Date is hereby modified to read as follows: This Resolution shall become effective at such time Emergency Resolution No. 2020-09 is terminated or, at such time expressly required by separate resolution adopted by the City Council, whichever occurs sooner. Section 3. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council. City of Cape Canaveral Resolution No. 2020-24 Page 1 of 2 ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting duly assembled on the 15th day of September, 2020. ATTEST: (City Clerk) 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 For Against Mike Brown X Robert Hoog X Mickie Kellum X Wes Morrison Motion Angela Raymond Second City of Cape Canaveral Resolution No. 2020-24 Page 2 of 2 Attachment 9 RESOLUTION NO. 2020-27 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; 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. WHEREAS, this Resolution is adopted in accordance with the emergency powers vested in the City of Cape Canaveral pursuant to Chapter 252, Florida Statutes, Chapter 18 of the City Code and other applicable law (hereinafter referred to as "City's Emergency Powers"); and WHEREAS, the City Council previously adopted Emergency Resolution No. 2020-09 in response to the COVID-19 Pandemic Federal and State Emergency; and WHEREAS, the City Council finds that the COVID-19 Pandemic Emergency has had a negative economic impact on the world economy including the residents and businesses of Cape Canaveral; and WHEREAS, the City Council desires to exercise the City's Emergency Powers and temporarily reduce certain City fees to afford economic relief to residents and businesses in the City of Cape Canaveral as more specifically set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Temporary Reduction or Waiver of Certain City Fees. As specifically stated in this Section, the following City fee is hereby temporary reduced until the COVID-19 Emergency Declaration adopted by the City Council pursuant to Resolution No. 2020-09 is terminated: 1. Commercial Recreational Franchise fees shall be reduced by fifty percent (50%). City of Cape Canaveral Resolution No. 2020-27 Page 1 of 2 Section 3, Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council, or parts of resolutions in conflict herewith, are hereby repealed to the extent of the conflict for the term of this Resolution. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 5. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council, and shall terminate upon the termination of the Declaration of Emergency set forth in Resolution No. 2020-09. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting duly assembled on the 20th day of October, 2020. ATTEST: (City seal) 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 Second Bob Hoog X Mickie Kellum Motion Wes Morrison X Angela Raymond X City of Cape Canaveral Resolution No. 2020-27 Page 2 of 2 Attachment 10 RESOLUTION NO. 2021-06 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; REPEALING CITY COUNCIL RESOLUTION NO. 2020-09 WHICH PREVIOUSLY DECLARED A CIVIL EMERGENCY RELATED TO COVID-19 INCLUDING REPEALING SUPPLEMENTAL EMERGENCY ORDERS NO. 1 (TEMPORARILY TOLLING TIME PERIODS FOR PROCESSING DEVELOPMENT PERMIT APPLICATIONS), NO. 2 (TEMPORARILY ALLOWING USE OF FEATHER FLAGS AND SNIPE SIGNS BY BUSINESSES), AND NO. 3 (TEMPORARY BEACH USE RESTRICTIONS AND AMENDING USE OF FEATHER FLAGS AND SNIPE SIGNS TO "ESSENTIAL SERVICE" BUSINESSES ONLY); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS AND THE REPEAL OF RESOLUTION NO. 2020-12 (TEMPORARY REDUCTION OR WAIVER OF CERTAIN FEES); RESOLUTION NO. 2020-21 (TEMPORARILY MODIFYING WHEN IMPACT FEES ARE PAID); RESOLUTION NO. 2020-24 (TEMPORARILY EXTENDING THE EFFECTIVE DATE OF THE NEW BUILDING PERMIT FEE SCHEDULE AND COMMUNITY APPEARANCE BOARD APPLICATION FEE SCHEDULE); AND RESOLUTION NO. 2020-27 (TEMPORARILY REDUCING COMMERCIAL RECREATIONAL FRANCHISE FEES BY 50%), SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Resolution No. 2020-09 was adopted in accordance with, and in reliance upon, the emergency powers vested in the City of Cape Canaveral pursuant to Chapter 252, Florida Statutes, Chapter 18 of the City Code and other applicable law (hereinafter referred to as "City's Emergency Powers"); and WHEREAS, the reopening of the State of Florida is now substantially underway and previously adopted COVID-19 restrictions have been lifted, suspended or terminated by the State of Florida and other government agencies; and WHEREAS, on May 3, 2021, Governor DeSantis issued two Executive Orders suspending or invalidating local government emergency actions based on the COVID-19 state of emergency with the intent to protect the rights and liberties of individuals, accelerate the State's recovery from the crisis, and mitigate the adverse and unintended consequences of the emergency; and WHEREAS, Executive Order 21-102 suspends, effective May 3, 2021, all local COVID-19 "restrictions and mandates on individuals and businesses" and further prohibits a municipality or county from renewing or enacting emergency orders or emergency ordinances using a local state of emergency or using the emergency enactment procedures under Chapters 125, 166, or 252, Florida Statutes, that imposes restrictions or mandates upon businesses or individuals due to the COVID-19 emergency; and City of Cape Canaveral Resolution No. 2021-06 Page 1 of 4 WHEREAS, Executive Order 21-101, effective July 1, 2021, provides any emergency order issued by a political subdivision (municipality or county) due to the COVID-19 emergency which restricts the "rights or liberties of individuals or their businesses" is invalidated; and WHEREAS, during the 2021 Legislative Session, the Florida Legislature enacted Chapter 2021-8, Laws of Florida, which provides, effective July 1, 2021, that "emergency orders" issued by a political subdivision in response to an emergency pursuant to Chapter 252 or Chapter 381, Florida Statutes (excluding in response to hurricanes or other weather -related emergencies) that limit the rights or liberties of individuals or businesses are prohibited; and WHEREAS, in consideration of the recent adoption of the aforementioned Executive Orders and Chapter 2021-8, Laws of Florida, the City Council hereby finds that the Declaration of Emergency adopted by the City Council under Resolution No. 2020-09 is no longer needed and should be terminated; and WHEREAS, in furtherance and reliance upon the declaration of emergency declared under Resolution No. 2020-09, the City Council also adopted other emergency measures under Resolution No. 2020-12 (temporary reduction or waiver of certain fees), Resolution No. 2020-21 (temporarily modifying when impact fees are paid), Resolution No. 2020-24 (temporarily extending the effective date of the new building permit fee schedule and community appearance board application fee schedule) and Resolution No. 2020-27 (temporarily reducing commercial recreational franchise fees by 50%) until such time that the declaration of emergency under Resolution No. 2020-09 is terminated, and such other emergency measures will also be effectively terminated upon adoption of this Resolution by the City Council; and WHEREAS, nothing herein shall be construed to prohibit the City Council from enacting any ordinance or resolution according to regular enactment procedures to the extent necessary to protect the public health, safety and welfare; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Terminating the Civil Declaration of Emergency. Pursuant to Section 18- 4 of the City Code, the City Council hereby terminates the Declaration of Civil Emergency approved by the City Council pursuant to Resolution No. 2020-09 effective immediately upon adoption of this Resolution. City of Cape Canaveral Resolution No. 2021-06 Page 2 of 4 Section 3. Express Repeal of Resolution No. 2020-09, Resolution No. 2020-12, Resolution No. 2020-21, Resolution No. 2020-24 and Resolution No. 2020-27; Repeal of Prior Inconsistent Resolutions. (A) Resolution No. 2020-09 is hereby repealed in its entirety including Supplemental Emergency Orders No. 1 (temporarily tolling time periods for processing development permit applications), No. 2 (temporarily allowing use of feather flags and snipe signs by businesses), and No. 3 (temporary beach use restrictions and amending use of feather flags and snipe signs to "essential service" businesses only). Resolution No. 2020-09 and said Supplemental Emergency Orders shall no longer have any force or effect, and to the extent that Resolution No. 2020-09 or said Supplemental Emergency Orders temporarily suspended or waived other resolutions or ordinances previously enacted by the City Council, the other resolutions or ordinances shall no longer be suspended or waived and shall resume effectiveness immediately upon enactment of Resolution No. 2021-06. (B) Resolution No. 2020-12 (temporary reduction or waiver of certain fees), Resolution No. 2020-21 (temporarily modifying when impact fees are paid), Resolution No. 2020-24 (extending the effective date of the new building permit fee schedule and community appearance board application fee schedule) and Resolution No. 2020-27 (temporarily reducing commercial recreational franchise fees by 50%) are hereby expressly repealed. (C) All prior inconsistent resolutions adopted by the City Council, or parts of resolutions in conflict herewith, are also hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 5. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council. [Adoption and Signature Page Follows] City of Cape Canaveral Resolution No. 2021-06 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting duly assembled on the 15th day of June, 2021. Bob Hoog, Mayor Mia Goforth, CMC City Clerk ATTEST: For Against Mike Brown Robert Hoog Mickie Kellum Wes Morrison Angela Raymond Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2021-06 Page 4 of 4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Approve the donation of outdated SEPCO solar lights to the City of Rockledge in accordance with the Solar Light Donation Agreement and Rolling Bill of Sale and authorize the City Manager to execute the same. Department: Public Works Services Summary: At the regular City Council meeting of August 18, 2020, the City Council authorized the removal and replacement of all solar lights on Ridgewood and N. Atlantic Avenue across a five-year timeline (2020-2025) due to costly maintenance and outdated technology. The project has begun with the replacement of damaged and non -working fixtures taking priority. To date, Staff has successfully removed and replaced a total of fourteen (14) lights. The fourteen (14) new lights replaced lights that were either not working or damaged. These non-functioning lights are currently being stored in the PWS outside Service Yard. In preparation for this agenda item, Staff contacted Brevard County municipalities inquiring if there would be interest in receiving donated, used/non-working solar street lights. The City of Rockledge was the only city to respond with interest. Staff contacted the manufacturer of the older fixtures, SEPCO Manufacturing, to obtain a current valuation for the remaining existing lights. The company responded that the lights, which were originally purchased for $6773 each, currently have a value of $2,500 each. This depreciated cost reflects a maximum possible value for a fully -functioning, undamaged and relatively un-weathered fixture and is indicative of the advancements in solar technology and production economies of scale over the past decade. A value below the $2,500 figure stated by SEPCO is more likely as many lights have experienced rusting and some degree of damage. In recent years, some lights have been replaced with the same model. In these limited cases, the cost was approximately $2700 higher, due to Staff labor and electrical contractor costs. The newer solar street lights (IPL Series, manufactured by First Light) cost approximately $2540 each and no electrical contractor is required to install. The lighting output and battery life of the original solar lights, which are still in service, are operating at approximately 70% of original capacity. This is due to aging and the years of battery charge cycles. The present condition of the lights is such that putting them on auction or trying to sell to an alternate entity would not be cost effective and would require valuable Staff time to follow-up. Staff recommends donating them, as they are replaced, to a neighboring municipality for reconditioning and possible reuse. This will allow for an eco-friendly disposal option that will not involve a landfill, and it will allow the City of Cape Canaveral to clear its space -constrained Public Work Services outdoor work yard which will reduce the risk of wind-borne debris during the 2021 Hurricane Season. The City Attorney's Office drafted the attached Solar Light Donation Agreement and Rolling Bill of Sale and the City of Rockledge has agreed to retain the donated lights. The solar light update and replacement program will continue in triage fashion, with damaged and non -working lights replaced first. The Agreement authorizes the City of Rockledge to continue to retrieve removed lights until all have been replaced. Submitting Department Director: James Moore Date: 06/01/21 City of Cape Canaveral City Council Meeting • June 15, 2021 Agenda Item # 3 Page 2 of 2 Attachment: Solar Light Donation Agreement and Rolling Bill of Sale w/ Exhibit "A" — SEPCO Solar Light Specs Financial Impact: Depreciated value of donated solar lighting fixtures. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 05/27/21 The City Manager recommends the City Council take the following actions: Approve the donation of outdated SEPCO solar lights to the City of Rockledge in accordance with the Solar Light Donation Agreement and Rolling Bill of Sale and authorize the City Manager to execute the same. Approved by City Manager: Todd Morley Date: 05/28/21 SOLAR STREET LIGHT DONATION AGREEMENT AND ROLLING BILL OF SALE THIS AGREEMENT AND ROLLING BILL OF SALE is entered into this day of 2021 ("Effective Date"), by and between the CITY OF CAPE CANAVERAL, FLORIDA ("Cape Canaveral"), a Florida municipal corporation, whose address is 100 Polk Avenue, Cape Canaveral, Florida 32920, and the CITY OF ROCKLEDGE, FLORIDA ("Rockledge"), a Florida municipal corporation, whose address is 1600 Huntington Lane, Rockledge, Florida 32955. WHEREAS, the City of Cape Canaveral currently owns approximately ninety-four (94) solar street lights which are installed and operating within the rights -of -way of the City of Cape Canaveral; and WHEREAS, during the next several years, Cape Canaveral will be implementing a solar street light replacement plan whereby Cape Canaveral will be incrementally replacing the existing solar street lights with new solar street lights; and WHEREAS, Rockledge has a need for the old existing solar street lights being replaced by Cape Canaveral and given said need, Cape Canaveral desires to donate the old solar street lights to Rockledge, in accordance with the terms and conditions of this Agreement, so Rockledge can use them for their intended purposes. Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Solar Street Lights. The solar street lights subject to this Agreement are currently installed within the rights -of -way located within the City of Cape Canaveral, and are described as Model SEPA200-DS-URB3211-ALC11-DBL-TB-PZ4. A depiction of said solar street lights is attached to this Agreement as Exhibit "A." At the Effective Date of this Agreement, there are approximately ninety-four (94) existing solar street lights currently in operation and available for donation. Section 3. Donation. At such time Cape Canaveral has discontinued using any of the existing solar streets lights, and said solar street lights have been removed and replaced by Cape Canaveral with a new solar street light. Cape Canaveral agrees to donate the removed solar street light to Rockledge at no cost. This donation provision shall not apply to any existing solar street light that has been damaged beyond repair or no longer deemed functional by Cape Canaveral after the Effective Date of this Agreement. Cape Canaveral reserves the right in its discretion to dispose of and discard any damaged or non-functional existing solar street lights subject to this Agreement. Section 4. Pick-up and Transportation. Cape Canaveral will provide written notice to Rockledge of the removal of any of the existing solar street lights. Upon receipt of said notice, Rockledge shall have up to fourteen (14) days to take possession of the removed solar street lights and transport, at Rockledge's expense, the street lights to Rockledge from the storage location assigned and being used by Cape Canaveral. If Rockledge fails to timely take possession Page 1 of 3 and transport the removed solar street lights being stored by Cape Canaveral, Cape Canaveral may dispose of or discard said solar street lights as it sees fit. Section 5. Rolling Bill of Sale. The following bill of sale provision shall apply at such time Rockledge takes possession of each and every solar street light in accordance with Section 4 of this Agreement: KNOW ALL MEN BY THESE PRESENTS, that the CITY OF CAPE CANAVERAL, FLORIDA, (the "Seller") for and in consideration of the sum of one dollar ($1.00), the receipt of which is hereby acknowledged, grants, bargains, sells, transfers and delivers unto the CITY OF ROCKLEDGE, FLORIDA (the "Buyer"), in "AS -IS" condition, all of the Seller's title and interest in the solar street light which has a Model Number SEPA200-DS-URB3211-ALC11-DBL-TB-PZ4 ("Solar Street Light"). Buyer hereby certifies that it has investigated the adequacy and conditions of the aforementioned Solar Street Light and is satisfied with the "As -Is" condition. Buyer acknowledges and agrees that Buyer is acquiring title to the Solar Street Light without the benefit of a warranty and that the Seller makes no representations or warranties, implied or express, regarding the Solar Street Light. Buyer shall accept the Solar Street Light "as is" and "with all faults". Further, without limiting or restricting any other rights or benefits that Seller may have under Florida law regarding potential liability including under sections 768.28 and 768.1315, Florida Statutes, Buyer agrees to hold the Seller and its employees and contractors harmless from any and all liability, personal injury, property damage, or death resulting from any and all existing or future defects, malfunctions, and damages affecting the Solar Street Light in any way whatsoever. Nothing contained herein shall be construed as a waiver of sovereign immunity of either Buyer or Seller. TO HAVE AND TO HOLD, the same unto the Buyer, and Buyer's executors, administrators and assigns forever. This Section shall survive termination of this Agreement regarding any Solar Street Light transferred by Seller to Buyer prior to said termination. Section 6. Effective Date; Term. The Effective Date shall be the date first above written upon the execution and delivery hereof by the parties hereto ("Effective Date"). Unless this Agreement is terminated by the Parties, in writing, this Agreement shall remain in full force and effect until such time Cape Canaveral has transferred possession to Rockledge of each and every solar street light required to be transferred pursuant to Section 3 of this Agreement. Section 7. Miscellaneous. This Agreement constitutes the entire agreement between the Parties related to the subject matter stated herein. This Agreement shall be governed by Florida law. In the event of any litigation between the Parties arising out of this Agreement, venue shall be in Brevard County, Florida. Nothing herein shall be construed as a waiver of either Cape Canaveral's or Rockledge's right to sovereign immunity under Section 768.28, Florida Statutes. Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement and Rolling Bill of Sale on the dates referenced below. ATTEST: CITY OF CAPE CANAVERAL Mia Goforth, City Clerk Todd Morley, City Manager Date: ATTEST: CITY OF ROCKLEDGE Jennifer LeVasseur, City Clerk Brenda Fettrow, City Manager Date: Page 3 of 3 Exhibit "A" SEPA200-DS-URB32II-ALC 11-DBL-TB-PZ4 200 Watt Solar Array 9 1/2" 1'-1 5/8" 1' 3 3/8" THROUGH ANTI -ROTATION ROD 026" 3'-0 1/16" Urban LED Fixture 32 Watt Type II BATTERY: (2) 8G2455 DIMENSIONS: 10.25"L X 6.5"W X 8.5H 11" 12 B.C.. HARDWARE PROVIDED WITH TRANSFORMER BASE ANCHOR DETAIL (AK8 SHOE BASE) (4) 1" X 36" HOT DIP ALVANIZED STEEL ANCHOR BOLTS, 4" PROJECTION 015" B.C. ANCHOR DETAIL (TRANSFORMER BASE) Drawing Property of SEPCO — Solar Electric Power Company REVISIONS DATE SEPCO TITLE City of Cope Canaveral CUSTOMER SEPA200—DS—URB5211 1521 SE Palm Court Stuart, FL 34994 T:772-220-6615 F:772-221.-8616 www.sepco-solarlighting. com SCALE NTS DATE 4/15/2016 BY BS CHK'D DWG. NO. SEPA200 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Adoption of the 2021 Resilient Cape Canaveral Action Plan. Department: Community and Economic Development Background: The City continuously strives to ensure the safety, security and well-being of its residents. As the Space Coast grows into an economic engine for the State and the Nation, the City has become a socioeconomic, multimodal hub for tourism and the aerospace industry. While these changes represent economic growth, it also offers an opportunity to better prepare for future challenges to infrastructure and sensitive local environments, most notably the Banana and Indian River Lagoon systems. As a barrier island municipality that already experiences annual threats from tropical cyclones and flooding, the City will be on the frontlines of increasing extreme weather challenges and should act accordingly in order to prepare its operations and infrastructure. For example, federal agencies in 2020 recorded 22 billion -dollar weather and climate -related disaster events that impacted the United States, costing over $95 Billion in damages. This is the highest number of billion -dollar weather and climate -related disasters ever recorded in the U.S. since recordkeeping began. Furthermore, the 2020 Atlantic hurricane season saw the formation of 30 tropical cyclones, the highest recorded number named storms since recordkeeping began, with 11 storms making landfall in the U.S. that caused over $50 Billion in damages. As the Nation grapples with the COVID-19 Pandemic (and associated financial implications), multi- billion -dollar weather disasters in the form of wildfires, power outages, floods and hurricanes will require local governments, like the City, to proactively maintain continuity of governance, while also preserving and enhancing quality of life for residents. In order to become a "Future -Ready" coastal municipality, the City must utilize sustainability and resilience -based concepts to mitigate and adaptively manage these challenges. With this in mind, the Resilient Cape Canaveral Action Plan (Plan) has been prepared. The Plan's content is an outgrowth of the City's 2019 Vulnerability Assessment (Assessment), which was produced by the East Central Florida Regional Planning Council (ECFRPC) and unanimously approved by Council at the August 20, 2019 Regular Meeting. The Plan utilizes the findings and community input from the Assessment, as well as numerous other accredited government, academic and private agency recommendations, to propose forward -thinking, real -world, science -based solutions to combat future environmental conditions. According to the Assessment, the City can expect significant impacts to the natural and built environment from the effects of coastal flooding, enhanced storm surge and sea level rise as it moves into the 21st Century. Consistent and long-lasting impacts could be felt as early as the 2030s. With this in mind, the Plan has 56 actionable items (Preparedness Targets) planned across a 30- year timeframe that are broken into implementation periods of: current or ongoing; 5 years (2025); 15 years (2035); and 30 years (2050). A 30-year timeframe was chosen as a safety buffer because issues such as flooding from sea level rise, as outlined in the Assessment, are predicted to significantly and regularly affect City activities by the year 2050 and beyond. It also gives the City adequate time to prioritize and implement capital projects with appropriate budget allocations over the Plan's timeframe. City of Cape Canaveral City Council Meeting • June 15, 2021 Agenda Item # 4 Page 2 of 3 The Preparedness Targets are organized within eight (8) overall Action Categories, including: (1) Green/Resilient Economy: creating a local resilient economy to anticipate risks and evaluate how these might impact key economic assets and build a capacity to respond. (2) Natural Systems: land and water ecosystems that play a sustaining role in the health and well-being of the local environment and economy. (3) Transportation: accessible, clean and safe modes of transportation are key factors in designing a bikeable and walkable community. (4) Energy: energy production and distribution are critical pieces of the City's infrastructure. Without them, stable City functions would not be possible. (5) Built Environment: this is considered anything that provides people with living, working and recreational spaces and can be influenced through innovative and sustainable land use policies. (6) Equity and Quality of Life: the need to create an environment that is responsive, socially connected and reduces environmental impacts for all age and economic groups. (7) Waste and Consumption: the amount of waste generated globally continues to escalate while at the same time, the national recycling rate stands at 35 percent. The need to reduce waste pollution and increase recycling rates is critical. (8) Storm Readiness and Sea Level Rise: over the next 20 years, the City could see up to 1.85 feet of sea level rise. By 2100 it is estimated that the City could see between 5.15 (U.S. Army Corps of Engineers) and 8.48 (National Oceanographic and Atmospheric Administration) feet of sea level rise. It is imperative that the City appropriately prepare for increased risk and prolonged periods of inundation due to this looming prediction. The Preparedness Targets should be considered living targets that can be changed and updated based on funding availability, changing priorities and resident feedback. Many are already under implementation, development or actively being researched. The goal is to use the targets, and the Plan as a whole, as a roadmap, with each target creating building blocks for a sustainable and resilient Cape Canaveral. A large number of targets also aim to inspire change in the Community by giving residents and business owners resources and educational information to help them reduce their own environmental footprint while increasing their preparedness. All Preparedness Targets and their implementation timeframes are to be reviewed by Staff with public outreach and input every 5 years to determine success of ongoing initiatives and update targets as necessary. Like its targets, the Resilient Cape Canaveral Action Plan is a living document. Additional supporting documents and initiatives will likely develop in order to deal with more specific issues. Examples of potential supporting documents include an alternative fuel conversion plan for the City's fleet, renewable energy transition recommendations and a waste audit of City functions. Hundreds of cities, of all sizes, have written and adopted such plans. Even though the City will be faced with increasing challenges as it moves further into the century, these challenges should be viewed as opportunities to build a smart, all -encompassing municipality that encourages local investment in its residents and businesses, drives economic diversification and seeks the protection of its people. Cities that develop alongside the concepts of sustainability and resilience are seen as generally being more livable, inviting and willing to invest in their resident's long term well-being. The Plan recently completed a 5-week public comment and review period that spanned from 9:00 a.m., Monday, April 26, 2021 until 5:00 p.m., Tuesday, June 1, 2021. During this period, community members had the opportunity to read, review and comment on a working draft of the Plan via: City of Cape Canaveral City Council Meeting • June 15, 2021 Agenda Item # 4 Page 3 of 3 • A dedicated webpage on the City's website. • Two virtual public comment and review sessions that were broadcast live, recorded and posted on the City's official YouTube channel (which has 149 subscribers). • One in -person public comment and review session hosted at Cape Canaveral City Hall. • The Weekly Update (which has over 1,200 subscribers). • A "quick link" portal active on the City website's homepage that could take residents to a draft of the Plan. • Event reminders for each public comment and review session were posted to the City's official Facebook page (which has over 9,100 followers) at least 1 week prior to each meeting, and in each Weekly Update during the 5-week period. • The Plan was also publically accessible and reviewed in detail at a February 2, 2021 City Council Workshop (which was recorded and posted to the City's official YouTube channel) and at the March 31, 2021 City Council Strategic Planning Retreat. Based on website analytics and social media, it is estimated that there were a total of 7,672 "views" for all the provided information and platforms in which the plan was publically accessible (i.e. the Weekly Update, Facebook, YouTube and the City's website). Public comments submitted during this period were reviewed by Staff and appropriately integrated into the Plan. Public comments received included questions regarding the preservation of beachside sea turtle habitat (including dune vegetation), the resilience of Florida Power and Light power infrastructure, the Dark Sky movement, the presence and impacts of pea fowl in the City, expanding community engagements regarding electric vehicle infrastructure, trees, solar initiatives, fertilizer best -practices, etc., flood mitigation, xeriscaping, the recommendation to use "ecosystem services" terminology within the Plan and the promotion of Florida native plants. It is important to note that public comments and recommendations were also heavily utilized and incorporated into the Resilient Cape Canaveral Action Plan from the various outreach sessions conducted during the drafting of the City's 2019 Vulnerability Assessment, a process which was also exposed to thousands of the City's social media followers, email subscribers and residents. Page 18 of the Plan details the initial outreach and integration of Assessment -related comments. Submitting Department Director: David Dickey Date: 06/02/21 Attachment: Resilient Cape Canaveral Action Plan (final draft) Financial Impact: Staff time and effort to prepare this agenda item. Budgetary impacts will be addressed as projects are approved. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 06/02/21 The City Manager recommends the City Council take the following action: Formally adopt the 2021 Resilient Cape Canaveral Action Plan in order to begin immediate implementation of its goals and targets, and to lead by example for communities everywhere. Approved by City Manager: Todd Morley Date: 06/01/21 [City Seal] [Background image of sun rising over ocean waves] Resilient Cape Canaveral Action Plan (2021) City of Cape Canaveral Community and Economic Development Department 100 Polk Avenue (321) 868-1220 Cape Canaveral, FL 32920 cityofcapecanaveral.org Resilient Cape Canaveral Action Plan (2021) Table of Contents A) City of Cape Canaveral Vision Statement 3 B) Message to the Community: Leading by Example 4 C) Executive Summary 5 D) Demographics 7 E) Why Resiliency? 9 F) Why Sustainability? 10 G) From State to Local: Policies Already Driving Change 12 H) City of Cape Canaveral Vulnerability Assessment 14 I) A City of Stewardship: The Past and Present 23 J) Moving Forward: A Sustainable and Resilient Future 35 K) Action Category 1: Green Economy 40 L) Action Category 2: Natural Systems 43 M) Action Category 3: Transportation 51 N) Action Category 4: Energy 59 0) Action Category 5: Built Environment 65 P) Action Category 6: Equity and Quality of Life 70 Q) Action Category 7: Waste and Consumption 74 R) Action Category 8: Storm Readiness and Sea Level Rise 80 S) Preparedness Targets Summary 86 T) Appendices 92 Critical Facilities 94 References 95 Glossary of Frequently Used Terms 100 2 Resilient Cape Canaveral Action Plan (2021) A) City of Cape Canaveral Vision Statement In 2009 the residents of Cape Canaveral engaged in a community -based, citizen -driven process to create a vision for the City's future. Over 200 citizens participated in six public workshops that resulted in a Vision Statement and a Visioning Report for Cape Canaveral. The Cape Canaveral Vision Statement envisions a vibrant community that meets the environmental, economic, recreational, social and retail needs of its citizens. The Vision is as follows: We envision: A bikeable and walkable Cape Canaveral that retains and enhances its welcoming residential feel and celebrates its unique sense of place. A residential and business -friendly atmosphere that is livable, attractive, safe and inclusive. A sustainable coastal community that embraces the oceanside and riverside as key amenities, and supports and promotes local tourism, culture, recreation, resiliency, commerce, municipal civic interests and education. We envision: Streetscapes with amenities such as low -impact development, bicycle facilities, covered transit stops and safe pedestrian crossings that encourage access to the beach, river, local neighborhoods and adjacent communities. Improved "complete streets" will allow pedestrians to travel to intimate waterfront destinations and a walkable uptown core with ease and safety. Generous tree lined and well -lighted multi -use paths for bikes and pedestrians so anyone can walk or bicycle safely anywhere in town, day or night. We envision: A welcoming community entrance that creates a sense of arrival and unique community identity as The Space Between®. The "uptown core" and other areas will contain an architecturally rich and unique mix of uses, with wide tree -shaded sidewalks and umbrella -covered cafe tables at restaurants and bistros where family and friends gather, interact and enjoy refreshments and meals. We envision: An engaged and compassionate Community that: transforms blighted and unfinished buildings into attractive structures, offers City-wide green spaces, provides exceptional parks with ample shade and supports businesses that enhance economic viability while serving our residents and visitors with goodwill. We envision: Open shorelines and rivers accessible to the public, including amenities that showcase the coastline while providing art and entertainment venues, which support our historical and cultural identity. 3 Resilient Cape Canaveral Action Plan (2021) B) Message to the Community Leading by Example The City of Cape Canaveral is synonymous with the United States' space program. Our City and its residents have had the privilege of witnessing humanity's greatest achievements in technology and space exploration, with each launch reminding us of what we can truly accomplish when we work together. As we look to the stars, we must remember where we come from. Many astronauts have noted that when they view earth from space they often gain a new perspective of our planet's fragility as they gaze upon its white clouds, land formations and vast oceans. Set amongst the blackness and emptiness of space, one quickly realizes this is our only home and we must protect it for both the present and the future. The City of Cape Canaveral is fortunate to be surrounded by natural beauty. To our west we have the Banana River and Indian River Lagoons, a vital economic resource filled with numerous ecosystem services to the entirety of Brevard County. To our east we have the beaches and the Atlantic Ocean. And, in The Space Between®, we have the Community. Just as NASA and US industries led the world in the advancement of aerospace technologies, many cities are leading in the fields of sustainability and resilience. As threats of increased flooding, drought and hurricanes arise, the City wants to ensure its residents, businesses, visitors and infrastructure remain safe, prosperous and prepared for many generations to come. Sustainable development has the ability to support resiliency, and is rooted in innovation and improved quality of life for all ages. It is our hope that we as a City, with this document, will lead by example as we look to the future. With this Action Plan, the City of Cape Canaveral further embraces its Vision and Mission statements while continuing its long tradition of embracing scientific advancement, environmental stewardship and cultural heritage. 4 Resilient Cape Canaveral Action Plan (2021) C) Executive Summary In 2019 the City of Cape Canaveral, in conjunction with the East Central Florida Regional Planning Council (ECFRPC), published a Vulnerability Assessment (Assessment) highlighting risks posed to the City by the impacts of sea level rise, storm surge, shallow coastal flooding areas and FEMA 100-year and 500-year flood zones. The Assessment indicates that the City of Cape Canaveral can expect significant impacts to its natural and built environment as it moves into the 21st century, from the effects of enhanced storm surge and sea level rise. Consistent and long lasting impacts could be felt as early as 2030 with projections of a foot of sea level rise, resulting in a flooding of City infrastructure and property. By 2100 it is estimated that the City could see between 5.15 and 8.48 feet of sea level rise, resulting in billions of dollars in economic losses if appropriate mitigation steps are not put into place. As a barrier island municipality that already experiences threats from tropical cyclones and flooding, the City of Cape Canaveral will be on the frontlines of these adverse changes and should act accordingly in order to prepare its operations and infrastructure through resilience and sustainability. Proactive measures should include investments in coastal protection strategies, upgraded water and waste - management systems, hardened infrastructure, upgraded and alternative transportation systems, climate -resistant construction methods, and the protection of natural areas. Such measures will allow the City to become safer while reducing risks and financial burdens associated with recovery costs through efficient and less environmentally intensive operations. In order to ensure and adaptively manage the protection of the City, this Action Plan has been developed using findings and recommendations produced by the Assessment and other reliable resources. This plan gives City leadership vision, direction and actionable items to work towards so as to improve resilience while also leading by example. Actionable items are broken down into eight Action Categories that cover a wide range of municipal operations and functions. They include: 1. Green and Resilient Economy 2. Natural Systems 3. Transportation 4. Energy 5. Built Environment 6. Equity and Quality of Life 7. Waste and Consumption 8. Storm Readiness and Sea Level Rise Within each Action Category are a series of 56 Preparedness Targets, or targets that showcase initiatives the City intends to undertake in order to become better prepared for future challenges. Targets are chronologically listed based on implementation periods of ongoing or current (c), 5 years, 15 years or 5 Resilient Cape Canaveral Action Plan (2021) 30 years. These implementation periods were chosen because this places mitigation efforts ahead of expected worst impacts after the year 2050 based on findings of the Assessment. This Resiliency Action Plan should be seen as a living document that evolves over time to best meet the needs and wishes of the Community. City Staff will conduct a review every five years after adoption, and amend as necessary. Community engagement should also be involved in this review process. With this in mind, it is important to note that these efforts fall in line with numerous other Florida coastal municipalities and the governor's office —which recently created the Office of Resilience and Coastal Protection "to help prepare Florida's coastal communities and habitats for impacts from sea level rise by providing funding, technical assistance and coordination among state, regional and local entities" under Executive Order 19-12: Achieving More Now For Florida's Environment. The governor's office is also making preparations to increase preparedness and awareness of other environmental issues facing the state; including water quality and air pollution. Moving ahead, the City should cross collaborate, seek assistance and engage with other agencies such as non -governmental organizations (NGOs), local organizations, businesses and residents in its efforts to become a more resilient and sustainable Community. Figure 1. Manatee Sanctuary Park, Cape Canaveral (2019). 6 Resilient Cape Canaveral Action Plan (2021) D) Demographics Social Vulnerabilities and Resilience Social vulnerability is "how resilient a community is when confronted by external stresses on human health".1 Stresses can include natural disasters, disease outbreak and human disturbance; all of which can cause economic loss and human health impacts. Nearly 36% of the population is over the age of 65, while 32% are between the ages of 44 and 64. The overall median age is 57.2 years (54.5 years for males, and 59.1 years for females)2 and 28% of the population can be classified as very low-income. The population pyramid below compares the older adult population by gender which indicates current trends and those expected in the next decade. As a whole, the state of Florida is experiencing an increase in population, but the most notable increase includes those age 65 and older. Cape Canaveral Fl Population Pyramid 2019 695 400 200 0 200 400 • Male • Female 695 Cape Canaveral Fl Median Age 57.2 54.5 59.1 Total Male Female Cape Canaveral Fl Adults There are 9,133 adults, (3,652 of whom are seniors) in Cape Canaveral Fl. Cape Canaveral Fl Age Dependency 85.5 66.6 18.9 Age Dependency Ratio 0 Old Age Dependency Ratio 0 Child Dependency Ratio 0 Cape Canaveral Fl Sex Ratio Female 5,004 49.21% Male 5,165 50.79% Figure 2. Cape Canaveral, FL Population Pyramid 2019 via the US Census 2017 ACS 5-Year Survey. Approximately 17% of residents in the City are living with a disability, thus increasing the likelihood that these individuals will need assistance in evacuation, special needs shelters, storm preparedness and 1 Source: U.S. Climate Resilience Toolkit; https://toolkit.climate.gov/tool/social-vulnerability-index 2 Source: US Census 2017 ACS 5-Year Survey (Table S0101) 7 Resilient Cape Canaveral Action Plan (2021) potential improvements to their property to improve resilience. These demographic changes will have a significant impact on the City and how it prepares its infrastructure. Florida is no stranger to natural disasters. Hurricanes, tornados, fires, floods and other disasters could happen at any time. And given the increasing frequency and severity of intense weather -related events and other so-called natural disasters, it may not be a case of if, but when. Because the population is older, this will have an impact on taxes, wages and healthcare systems, since aging poses budgetary challenges to entitlement programs such as Social Security and Medicare, especially when coupled with natural disasters. In order to create a more sustainable community, long-term planning that includes anticipating these changes and being able to adapt to these changes by managing current needs while ensuring adequate resources is important. While no one wants to contemplate the possibility of a natural disaster striking the City of Cape Canaveral —where a number of elderly individuals live —the City must consider its vulnerabilities and the impact they may have on the growing proportions of older adults in Cape Canaveral. As the City's older adult population grows, awareness of the issues the City faces is needed to ensure that older residents feel safe and continue to participate in the Community. According to the American Psychological Association, "older adults are not only the least prepared for disasters...are more at risk during all phases of a disaster, from life -threatening challenges during evacuation to negative psychological consequences during the recovery period."' With advanced age, some older adults are at greater risk and may not be aware of disaster warnings or may be unable to comprehend evacuation instructions or escape disaster situations. Additionally, AARP notes that in a 2015 study, "researchers from the University of Iowa found that only 34% reported participating in an educational program or reading information about disaster preparedness. More recently, a 2018 study by Rand Health found that most age -friendly communities and senior villages in the U.S. do not place a high priority on promoting disaster preparedness."4 In recent years, the City has taken steps to become more prepared. This includes streamlined and more efficient emergency management operations, upgrades to critical infrastructure and greater community engagement. Because the City wishes to be resilient, it will continue to take steps that make Cape Canaveral safer while reducing risks and financial burdens associated with potential recovery costs. 3 Source: https://www.apa.org/pi/aging/resources/caregivers-disasters.pdf 4 Source: https://www.aarp.org/caregiving/basics/info-2019/preparing-for-emergency.html 8 Resilient Cape Canaveral Action Plan (2021) E) Why Resiliency? Within the last few years, the United States (US) has witnessed increasing damage and cost from natural disasters. According to the National Centers for Environmental Information (NCEI)—the Nation's historical scorekeeper for severe weather and climate events —in 2018, the US experienced 14 separate billion -dollar disasters totaling $91 billion. The US saw two significant cyclones make landfall in 2018: Hurricane Florence, which made landfall in North Carolina as a category 1, and Hurricane Michael, which made landfall in the Florida Panhandle as a category 5, together causing nearly $50 billion in damage. The previous year (2017), the US experienced 16 weather and climate disasters for a cumulative cost of $312.7 billions5. More recently, the impact of the COVID-19 pandemic has exposed enormous failures in numerous socio-economic systems across the country, with resulting damage and recovery costs estimated to be $7.9 trillion or 3% of the US's real GDP6. As a barrier island, the City of Cape Canaveral faces numerous weather derived challenges. Flooding, thunderstorms, heat and tropical activity (such as hurricanes) all exert annual stress on the City's operations and risk damage to life and property. The Congressional Budget Office (CBO) estimates that governmental costs for hurricane damage alone is $28 billion a year, with 55% of this cost contributed to Florida. This is expected to rise to $39 billion annually by 2075'. Preparing for these natural risks — and additional socio-economic risks now associated with COVID-19 pandemic —is vital to maintaining this vibrant Community, and this is where the concept of resilience becomes key. Resilience is "the ability of people and their communities to anticipate, accommodate and positively adapt to or thrive amidst changing climate conditions and hazard events8." Guided by this concept, the City of Cape Canaveral intends to strengthen and secure its infrastructure systems, protocols and procedures, where feasible, to efficiently handle current and future challenges while continuing forward with its goals of providing a Community that is livable, attractive, safe and inclusive. Figure 3. Flooding at the City's Water Reclamation Facility after Hurricane Irma in 2017 due to a lift station backup. 5 Source: https://www.climate.gov/news-features/blogs/beyond-data/2018s-billion-dollar-disasters-context 6 Source: https://www.forbes.com/sites/shaharziv/2020/06/02/coronavirus-pandemic-will-cost-us-economy-8-trillion/#36b71ef715e4 Source: https://www.cbo.gov/publication/51518 8 Source: Guide to Developing Resilience Hubs- http://resilience-hub.org/wp-content/uploads/2019/10/USDN ResilienceHubsGuidance-1.pdf 9 Resilient Cape Canaveral Action Plan (2021) F) Why Sustainability? Sustainability is a complex concept that includes best management practices which have expanded throughout a number of public and private agencies. This is in response to numerous ecological and anthropogenic challenges that many communities face. A definition often used to describe the term comes from the World Commission on Environment and Development's (WCED) 1987 Brundtland Report, which states sustainability is "development that meets the needs of the present without compromising the needs of future generations to meet their own needs."9 sustainability Figure 4. Sustainability Spheres Interdisciplinary, sustainability-based practices are often categorized within three broad societal principals: environmental, economic and social capitals. These principles can be graphically represented as three overlapping circles (Figure 4), with each one heavily influencing the resources, needs and stressors of the other as they pertain to sustainability. Finding an appropriate balance among all three is key to achieving a stable, efficient and resilient future that can flourish without compromising the stability of any one particular principle. Sustainable practices can help cities plan for resilience and mitigate multiple present day challenges while also easing risks and financial losses in the future with long term planning. Practices in preparedness and awareness can yield benefits to communities and their residents —and often reduce operating costs, increase efficiency and strengthen infrastructure. Around the world, sustainability-based programs, projects and initiatives are rapidly being implemented in order to meet the demands of a changing climate, natural disasters, aging infrastructure and environmental stewardship. Due to the complexity of these issues —many of which stem from the expansion and impacts of cities themselves —our natural environment is losing its ability to sustain traditional energy production, agriculture, waste disposal, shipping and transportation methods and consumption habits. Without a healthy environment, viable economic and social assets cannot be maintained. Today, 55% of the world's population (3.5 billion people) lives in cities10. By 2050, this number is estimated increase to 68% (5 billion people). This huge population change translates to cities producing 9 Source: https://sustainabledevelopment.un.org/content/documents/5987our-common-future.pdf 10 Source: https://www.cnbc.com/2018/05/17/two-thirds-of-global-population-will-live-in-cities-by-2050-un-says.html 10 Resilient Cape Canaveral Action Plan (2021) more greenhouse gas emissions (50 to 60%) and consuming about 75% of all the global energy produced". By 2050 it is also estimated that urban areas will yield 3.75 billion tons of waste annually12. However, these massive impacts can be lessened. With proper policies and procedures cities can become centers of economic vitality, environmental rehabilitation and socio-cultural hubs that act to achieve sustainable development. Hundreds of US cities —both large and small —are pursuing sweeping initiatives and strategies such as: renewable or alternative energy; green stormwater design for improved water quality; Complete Streets for pedestrian and bicycle safety; alternative fuel vehicles for reduced fuel costs; equitable and people - centered design for all ages and the discontinuation of single -use plastic to decrease litter and landfill overcrowding in favor of greener substitutes. These aspects of sustainable development coincide with the City of Cape Canaveral Mission and Vision statements, and are grounded in safety, resiliency, stewardship and smart planning. The success of cities today is increasingly being defined by their environmental policies and ability to adaptively manage critical assets since these represent a proactive approach for managing resources. Sustainability provides a framework for adaptation strategies that allow the City to respond to vulnerabilities. The ultimate goal is a Community that is organized to take action, has the tools to take action, and can adapt to impacts. For this reason, the City of Cape Canaveral will develop strategies that increase resilience, inspire action, and create awareness for environmental stewardship. Figure 5. City Hall Building (built to LEED Silver equivalent specifications). 11 Source: https://unhabitat.org/urban-themes/energy/ 12 Source: https://www.worldbank.org/en/topic/urbandevelopment/brief/solid-waste-management 11 Resilient Cape Canaveral Action Plan (2021) G) From State to Local Policies Already Driving Change The state of Florida has developed an integrated comprehensive planning framework that is intended to ensure the coordinated administration of policies that address a multitude of issues posed by the state's continued growth and development. This framework calls for planning at all levels of government and includes statutory guidance for planning activities such as the Environmental Land and Water Management Act (Chapter 380), State and Regional Planning (Chapter 186), which provides direction for the integration of state, regional and local planning efforts; and the Local Government Planning and Land Development Regulation Act (Chapter 163), which directs local government planning and includes requirements for Evaluation and Appraisal Reports (EAR) that allow local governments to make amendments to their comprehensive plans. Figure 6. Wave action off the lagoon at Banana River Park's coquina seawall during 2019's Hurricane Dorian. The importance of comprehensive planning cannot be overstated, because it results in decisions regarding long- term issues such as environmental protection and economic development. Section 163.3177, F.S., requires that local government comprehensive plans provide the policy foundation for local planning and land use decisions on capital improvements, conservation, intergovernmental coordination, recreation, open space, future land use, housing, transportation, coastal management (where applicable) and public facilities. Figure 6. Wave action off the lagoon at Banana River Park's coquina seawall during 2019's Hurricane Dorian More recently, State legislation including SB 1094 (Peril of Flood) and F.S. 163.3178 (Coastal Management) was passed in recognition of the importance of resources in coastal areas of the State. As a coastal municipality, the City of Cape Canaveral must consider policies that indicate the City's willingness to pursue adaptation planning strategies and reduce the risk of flooding. With the passing of Ordinance No. 10-2017, the City's Comprehensive Plan Coastal Management Element sought to use studies, surveys and data to create redevelopment components that outline principles used to eliminate inappropriate and unsafe development in the City. Moreover, the State has recently encouraged communities to take additional steps to develop strategies to become more resilient. 12 Resilient Cape Canaveral Action Plan (2021) Generally, resiliency planning uses data generated by analyzing a city's key assets (economic, infrastructure, natural and social) and examining how they may be impacted by natural hazards or various sea level rise scenarios. Models used in these analyses are designed by organizations such as the US Army Corps of Engineers (USACE), University of Florida (UF) and the National Oceanic and Atmospheric Administration (NOAA). Because of Cape Canaveral's size and challenges, the City applied for and was awarded a grant from the Florida Department of Environmental Protection (FDEP) through their Florida Resilient Coastlines Program (FRCP) —a NOAA approved program —to work with the ECFRPC to examine the impacts of sea level rise and flooding in Cape Canaveral. After months of analysis and outreach by City Staff and the ECFRPC, the City's Assessment titled Resilient Cape Canaveral, which employs models from the same agencies mentioned above was completed in May 2019. The report also examines key timeframes (2040, 2070, and 2100) to aid in future development planning and explores recommendations based on the analysis. Using these recommendations as a basis, the City will create resiliency goals and strategic policy changes (also known as an Action Plan) and ask stakeholders to consider these recommendations in order to better position the City for economic, environmental and social resiliency. These may include initiatives such as requiring more green infrastructure via low impact development (LID) regulations, increased flood -resistant construction requirements and the funding of shore hardening efforts while also setting target dates and timeframes that anticipate, to the best of our ability, the potential challenges brought on by climate change and sea level rise. Initiatives and targets are included in this document, the Resilient Cape Canaveral Action Plan. FL IS DEVELOPING STRATEGIES TO ADDRESS IMPACTS OF CLIMATE CHANGE. "Florida is ground zero for sea level rise." Alex Reed, Director of Water Resource Management at the Florida Department of Environmental Protection (DEP) DEP Says FL Is Developing Strategies To Address Impacts Of Climate Change Figure 7. Image depicting online article with headline "DEP Says FL is Developing Strategies to Address Impacts Of Climate Change". 13 Resilient Cape Canaveral Action Plan (2021) H) City of Cape Canaveral Vulnerability Assessment (Resilient Cape Canaveral) In 2018, the FDEP's Florida Coastal Management Program (FCMP) and NOAA awarded the City of Cape Canaveral with a grant to assess current and future vulnerabilities in the City. The ECFRPC, in collaboration with City Staff, was then contracted to begin researching and drafting a vulnerability assessment. The over -arching goal of this report, which was presented to the Community in July 2019, was to identify coastal vulnerabilities that are specific to the City and provide recommendations to mitigate the effects of flooding, sea level rise and storm surge while also engaging with Community members to better understand their needs and desires, developing new strategies and providing an economic impact analysis of a "do-nothing" scenario. The Assessment's findings will be used as a framework to outline (both short- and long-term) targets and initiatives. Our goal is to help residents, business owners and future policymakers understand their vulnerabilities by developing efficient and robust strategies for the future. What follows is a summary of the Assessment's findings. Vulnerabilities SEA LEVEL RISE In the US almost 40% of the population lives in coastal areas13. As atmospheric temperatures continue to rise, terrestrial glaciers and ice sheets melt and raise global sea levels and seawater temperature14 Sea level rise, derived from anthropogenic climate changers, is one of the greatest threats to coastal communities since sea level rise plays a role in flooding, shoreline erosion, and hazardous storms. Many US cities have already been impacted, with some prominent examples being Galveston (TX), New Orleans (LA), New York (NY), Fort Lauderdale and Miami (FL). The Resilient Cape Canaveral report includes three planning periods; 2040, 2070 and 2100. Two projection scenarios were used to model sea level rise in the City (Figures 8) using data from NOAA's Digital Coast Sea Level Rise Viewer and the UF's GeoPlan Center. Each projection is mapped above the Mean Higher High Water (MHHW), which is the average height of the highest tide recorded at a tide station each day during a recording period. It is important to note that adverse effects from sea level rise can occur before mean levels reach the MHHW mark in the form of coastal erosion, stormwater outfall backflow and increased groundwater table height. According to each of the two projections, the ECFRPC recommends that, "no one projection rate curve should be used for planning purposes across all projects and programs. Instead, a range of rise should 13 Source: https://coast.noaa.gov/states/fast-facts/economics-and-demographics.html 14 Source: https://climate.nasa.gov/vital-signs/sea-level/ 15 Source: https://climate.nasa.gov/causes/ 14 Resilient Cape Canaveral Action Plan (2021) be considered based upon the vulnerability, allowable risk, project service life and the forecast project "in-service" date of a facility or development. The range should include a minimum rise of 5.15 feet by 2100 (2013 USACE High) with an upper range of 8.48 feet by 2100 (2017 NOAA High). Short-term planning should consider impacts out to 2040 (20-year planning horizon), medium -term planning should consider impacts out to 2070 (50-year planning horizon), and long-term planning should extend out to 2100 (80-year planning horizon)." REGIONAL RESILIENCY FEET OF SEA LEVEL RISE Sea Level Rise Projections Through 2100 -NOAA 2017 High -USACE 2013 High 0 1.85 4.47 8.48 1.22 2.85 5.15 1992 2000 2010 2020 2030 2040 2050 2060 2070 2080 2090 2100 0 0.08 0.44 0.8 1.29 1.85 2.57 3.46 2.57 3.46 4.47 5.69 6.97 8.48 0 0.09 0.26 0.5 0.83 1 .22 1.69 2.23 2.85 3.54 4.31 5.15 Figure 8. ECF Regional Resilience Action Plan Regional Approach to Sea Level Rise Planning. However, portions of the City are expected to experience the effects of sea level rise as early as 2040. These areas include the Banana River Lagoon coastline, the Central/Canaveral Ditch, and the Atlantic Ocean coastline. These impacts could include stormwater infrastructure blockages as outfalls become overwhelmed by water, high tide coastal flooding, higher storm surge and an increased height in the water table. The 2040 projections show that sea level rise will impact between 150-309 acres of land and 17-77 buildings (2,319 dwelling units). Upwards of 71% of these impacted areas are residential properties currently valued between $204—$327 million. Additionally, according to both USACE and NOAA projections, 6-31 miles of roadways within the City will be flooded. 15 Resilient Cape Canaveral Action Plan (2021) STORM SURGE According to NOAA, storm surge is an abnormal rise of water generated by a storm16. It is caused by water being pushed toward the shore by wind during a storm. Under current sea level conditions, the City of Cape Canaveral can expect storm surge related impacts from every category of hurricane. The tipping point in severity and significance occurs during a category 3 hurricane (111-129 mph winds), with an estimated 97% of the City being vulnerable to storm surge. Figure 9. Hurricane Irma geocolor image taken from the NOAA's GOES — 16 satellite on September 8th, 2017. Image Credit: NOAA/CIRA. City roadways are at risk during a category 2 hurricane (96-110 mph winds), with an estimated 0.16 miles of roadway vulnerable to flooding from a category 2 hurricane storm surge. Three miles of roadway could be flooded from a category 3 hurricane, 5 miles from a category 4 hurricane (130-156 mph) and 6 miles from a category 5 hurricane (156 mph+). FUTURE STORM SURGE AND SEA LEVEL RISE As sea level rise increases, storm surge impacts from coastal storm systems is expected to intensify17. The Assessment makes clear that with the addition of sea level rise, category 1 storm surges of today could become equivalent to a category 2 or even category 3. As a result, a category 3 storm surge was used as a baseline to analyze USACE and NOAA sea level rise projections for the years 2040, 2050, 2070 and 2100. Today, a category 3 hurricane has a storm surge potential of 16 feet. Under the two 2040 sea Source: https://oceanservice.noaa.gov/facts/stormsurge-stormtide.html Source: https://www.govtech.com/em/disaster/Rise-in-Sea-Level-Makes-Hurricanes-Worse.html 16 Resilient Cape Canaveral Action Plan (2021) level rise projections (1.22-1.85 feet), areas impacted by a category 3 hurricane could increase 38-42%. By 2070, a category 3 storm surge could increase to between 17.5 and 18.7 feet and by 2100 a category 3 storm surge could cover nearly the entire City if high end projections are realized. Today, only a category 5 storm surge is capable of this. Figure 10 shows current category 3 storm surge levels (denoted in yellow) with 1.70 feet (USACE) and 2.5 feet (NOAA) of sea level rise in the year 2050. Even at current levels, multiple critical City facilities would see meaningful impacts. This is illustrated in Table 16 in Appendix T, which shows the projected depth of inundation of critical facilities based on each of the two projections. SHALLOW COASTAL FLOODING Shallow coastal flooding, also known as high tide flooding or nuisance flooding, is defined by NOAA as recurrent flooding that takes place at high tide and is not necessarily associated with a storm surge or heavy rain event; hence the name sometimes given to this phenomenon, "sunny day" flooding18. This particular type of flooding can cause community inconveniences such as road closures, compromised infrastructure and overwhelmed storm drains. Shallow coastal flooding has increased on average in the US by about 50% in the last 20 years and 100% in the last 30 years in relation to overall rising sea levels. Maximum daily water levels during the highest tide of the year 50 - 45 - 40 - 35 - 30- 25 - 20 water levels 1995 2000 2005 Year 2010 2015 Figure 11. Trident Pier (Port Canaveral Tide Gauge). 18 Source: https://oceanservice.noaa.gov/facts/nuisance-flooding.html Figure 10. Storm Surge Areas in Cape Canaveral. Shallow coastal flood data employed within the Assessment was obtained from NOAA's Coastal Flood Exposure Mapper, via the national flood thresholds from the NOAA Technical Report NOS CO—OPS 086: Patterns and Projections of High Tide Flooding along the US Coastline Using a Common Impact Threshold. The City's vulnerability to shallow coastal flooding were assessed from tide gauge data taken from Trident Pier (Port Canaveral). The NOAA NOS CO—OPS 086 report indicates 17 Resilient Cape Canaveral Action Plan (2021) that the derived threshold in this area for minor flooding is 1.8 feet above MHHW. As seen in Figure 11, NOAA data also shows the historical yearly flood events at Trident Pier and the trend of rising water levels during the highest tide of the year since 1995. Flooding is expected to impact at least 63 parcels with 38 structures with a current taxable value of nearly $155 million. Impacts due to coastal flooding include: increased beach erosion on the City's shoreline; along the Central/Canaveral Ditch; at Long Point Road; Banana River and Manatee Sanctuary Park; and the Water Reclamation Facility (WRF). Residential properties comprise 55% of the affected properties. 100 AND 500-YEAR FLOOD A 100-year flood (a flood that has a 1% chance of occurring in any given year) and a 500-year flood (a flood that has a 0.2% chance of occurring in any given year) were also considered in the Assessment. Infrastructure and assets located within these respective zones were mapped using the Federal Emergency Management Agency's (FEMA) Digital Flood Insurance Rate Maps (DFRIM) from 2014. This data was derived from Flood Insurance Studies (FISs), previously published Flood Insurance Rate Maps (FIRMs), flood hazard analyses performed in support of the FISs and FIRMs and new mapping data, where available. Findings reveal the City's 100-year flood zones are generally located along its eastern and western shorelines, with some areas further inland. Four miles of local roadways —predominantly along the beach —could be affected by a 100-year flood. A total of 284 buildings, currently representing approximately $560 million worth of property, are located within the 100-year flood zone, with 71% of vulnerable parcels being residential. The City's 500-year flood zones encompass a larger area of the City along its eastern and northeastern sections and has a similar scope to a category 3 hurricane storm surge. Community Engagement Community engagement and citizen input is extremely important when it comes to outlining and progressing sustainability and resiliency -based programs. Community input can help to not only identify issues but also guide future policy and appropriate development. During the research and drafting process of the City's Assessment, numerous community engagement sessions were held in various forms, including: outreach sessions; online information disseminated through the City's website; the Weekly Update; the City's social media platforms; messaging on water bills; and a public survey. This was done to better understand the Community's views in regards to resiliency and to determine what initiatives and issues residents thought should be prioritized. Two community engagement workshops were conducted through the course of the Assessment's drafting. One workshop asked attendees what they thought the word resilience meant in their own words, as well as what vulnerabilities they believed were most pressing. Recover, survival, safety and 18 Resilient Cape Canaveral Action Plan (2021) mitigation were the most common words discussed. In no particular order flooding, hurricanes, politics, climate change, sea level rise and the Indian River Lagoon (IRL) were also all identified by attendees as some of the top vulnerabilities for the City. These resident interactions were then complied into a city-wide survey to allow for further engagement across a broader constituency, determine more specific actions, policy changes or other sustainability and resiliency -based strategies. The survey was made available between January 14, 2019 and March 5, 2019. A total of 239 people participated in the survey, most of who were full-time City residents. Participants were asked to rank their top 3 vulnerabilities in order of importance or priority. Options were directly based off of prior engagement sessions input, which included hurricanes and storm surge, the IRL, government and funding, climate change, sea level rise and flooding. Survey results show that the top three priorities, in order, were: • The IRL • Hurricanes and storm surge • Climate change The bottom 3 priorities were: • Flooding • Government and funding • Sea level rise Participants were then directed to choose from a list of mitigation and adaptation strategies relating to each respective vulnerability. These strategies were based off previous engagement sessions. The strategies participants chose from are as follows and are presented in the order of ranked importance: INDIAN RIVER LAGOON • Low Impact Development: encourage stronger low impact development guidelines for all development. • Causeways: support the complete spanning of the lagoon with bridges. • Vegetative Buffer: encourage a natural vegetative buffer between the lagoon and turf. • Fertilizer Ordinance: develop a stronger fertilizer ordinance. • Funding: create special assessment for City projects/programs to improve IRL health. HURRICANES AND STORM SURGE • Raise Elevations: higher minimum elevations for buildings and infrastructure, where feasible. • Redirect Development (Surge): implement policies and code changes to direct development away from high risk areas. • Infrastructure Resilience: identify gaps in critical infrastructure needs for storm preparedness/recovery. 19 Resilient Cape Canaveral Action Plan (2021) • Green Infrastructure: encourage use of vegetative solutions along lagoon/beachside to reduce surge. • Building Codes: accept building and land development codes for greater resilience standards. CLIMATE CHANGE • Sustainable Policies: assess City policies to address climate change and sustainability. • Alternative Power: promote use of solar on private and public buildings as well as micro grids. • Electric Vehicles: transfer City fleet to electric vehicles and provide incentives for private EVs. • Education and Awareness: enhance educational programs for climate change to increase citizen ownership. • Pedestrian Mobility: develop a bike/pedestrian plan and re -assess vehicle traffic patterns to improve pedestrian mobility. FLOODING • Code and Policy Changes: allow for innovative approaches for flood resilient structures and smart growth ordinances. • Infrastructure Plan: develop infrastructure plan that incorporates gray and green best practices. • Green Infrastructure: increase green spaces in areas where they can be used for stormwater detention. • Parking Standards: reassess parking standards and require green infrastructure in parking design. • Down Zone: down zone in vulnerable flood areas. GOVERNMENT AND FUNDING • Voting Practices: create avenue to make public aware of local candidate voting practices. • Funding: develop special assessments or tax increases for specific resilience projects. • Code Enforcement: increase code and penalty enforcement within the City. • Increase Awareness: develop education program for public and elected officials concerning resilience. • Public Engagement: enhance outreach to community to encourage greater participation in government. SEA LEVEL RISE • Adaptation Action Areas: special areas to consider sea level rise regarding infrastructure, zoning and building standards. • Stormwater Management: creative, hybrid stormwater solutions including swales, permeable surfaces and green infrastructure. • Redirect Development: update codes and policies to redirect development away from hazard areas. • Land Development Codes: update codes to allow for elevation increases on buildings. • Economic Opportunities: investigate economic opportunities and economic vulnerabilities as related to sea level rise. 20 Resilient Cape Canaveral Action Plan (2021) According to survey results, the top 10 rated strategies were a stronger fertilizer ordinance, alternative power, creating sustainable policies in regards to climate change, requiring a vegetative buffer between the lagoon and turf, create a hybrid stormwater management plan, increasing pedestrian mobility, utilizing green infrastructure for flooding, improving resilience in infrastructure, requiring low impact development and education to citizens in regards to climate change. The complete results of this ranking can be found below in Figure 12. Average 5 4 3 2 1 0 2. Fertilizer Ordin... 4. Alternative Power 4. Sustainable Policies 2. Vegetative Buffer 5. Stormwater Management 4. Pedestrian Mobility 1. Green Infrastructure 1. Insfrastructure Resilience 2. Low Impact Development 4. Education and Awareness 6. Green Infrastructure 1. Building Codes 3. Public Engagement 1. Redirect Development Surge 5. Redirect Development 3. Voting Practices 6. Code and Policy Changes 4.Electric Vehicles 5.Adaptation Action Areas 6. Infrastructure Plan 3. Increase Awareness 3. Code Enforcement 6. Parking Standards 5. Economic Opportunities 2. Funding 1. Raise Elevations 6. Down Zone 5. Land Development Codes 2. Causeways 3. Funding Figure 12. Resilient Cape Canaveral survey results with rankings. 21 Resilient Cape Canaveral Action Plan (2021) Assessment Recommendations A variety of recommendations were presented by the ECFRPC in light of community engagement sessions and the Assessment's findings. These recommendations —which include green infrastructure, lagoon protection, low impact development, business and home protection, community engagement and education and updates to the City's Comprehensive Plan —are summarized in the Resilient Cape Canaveral report. Many of these recommendations have either already been implemented by the City, are currently undergoing implementation or plan to be implemented in the near future. A summarization of the City's past and present sustainability and resiliency -based initiatives can be found on the City's sustainability section of its website and in the next section of this Plan. Figure 13. Ramboll Group, Tanner Springs Park blue/green infrastructure concept. Figure 14. Flood -Resilient Home Designs Seen at NYIT's 3C Comprehensive Coastal Communities Exhibit via ingabitat.com "Cities will be on the frontlines of climate adaptation." Taking the Heat: Making cities resilient to climate change, Goldman Sachs, September 2019. 22 Resilient Cape Canaveral Action Plan (2021) I) A City of Stewardship Past and Present The City of Cape Canaveral has an expansive history of environmental stewardship, demonstrated through multiple past and ongoing sustainability and resiliency -based projects. The City is committed to delivering policies that are effective, efficient and forward thinking. What follows is a list of initiatives the City has already undertaken. This is by no means comprehensive, as we are constantly building on our efforts to be more environmentally responsible and better stewards of our ecosystem services as made evident by this document. This list will be updated as new projects and initiatives are completed. For updates please visit the City's sustainability webpage. AMERICAN FLOOD COALITION MEMBER The American Flood Coalition (Coalition) is a nonpartisan group of political, military, business and local leaders that have come together to drive adaptation to the reality of higher seas, stronger storms, and more frequent flooding. The Coalition seeks to advance national solutions that support flood -affected communities and protect our nation's residents, economy and military installations — while advocating for proactive planning and smarter policies. Like the Coalition, the City believes that impacts from sea level rise and flooding are an important issue, one that requires regional and national coordination. Investing in adaptation planning and projects that reduce risk and protect home values, highways, ports and other essential infrastructure is vital to our Community. For more information on the American Flood Coalition, visit https://floodcoalition.org/. ARBOR DAY AND TREE PLANTINGS Figure 15. Tree Planting at Manatee Sanctuary Park. For 30 years, the City of Cape Canaveral has been a designated "Tree City". This nationwide program provides a framework for guiding communities on how to manage and increase trees in public spaces. To qualify for the Tree City USA program, communities must meet four core standards. First, someone must be responsible for the care of all trees, this usually includes a professional forester or arborist (the City currently has an arborist); second, a Tree City must be guided by a tree care ordinance (Article II. - Tree Protection); next, a community must designate a portion of its budget toward planting, care and removal of City trees (Sec. 102-54. - Tree replacement standards); and last, a community must recite an official Arbor Day proclamation and demonstrate 23 Resilient Cape Canaveral Action Plan (2021) support for Arbor Day. Every year, students from Cape View Elementary, City Staff and Council Members participate in the Arbor Day celebration. Students plant trees, learn about plant propagation and play games in honor of Arbor Day. Past plantings included a Rainbow Eucalyptus, Cedar tree, Jacaranda, and hundreds of trees and shrubs throughout the years. By participating in the Tree City USA program, the City continues to meet its goal of protecting and maintaining trees for environmental and aesthetic benefits, while also allowing opportunities for education. To learn more about the City's tree protection program, visit the City of Cape Canaveral Code of Ordinances via the links above. To learn more about the Arbor Day Foundation and the benefits of trees, visit: Arbor Day Foundation Benefits of Trees. BAFFLE BOXES (SECOND -GENERATION) As a traditional stormwater best management practice (BMP), baffle boxes use high-tech partitioned chambers that connect to stormwater drains in order to prevent trash or debris from moving into waterways. As water flows into the device, pollutants are filtered or settled out. These devices prevent sediments from exiting stormwater drains through an innovative nitrogen -removing bioreactor before flowing into the IRL system. The City's largest baffle box is located on West Central Blvd and was recently upgraded to a state-of- the-art second -generation box with funds from the Save Our Indian River Lagoon Project. Baffle boxes are also present on all major outfalls throughout the City. For more information on the Save Our Indian River Lagoon Project Plan, visit Brevard County Save Our Lagoon. Figure 16. An example of a second -generation baffle box. Credit: St. Johns River Water Management District. THE BANANA AND INDIAN RIVER LAGOON As part of a greater effort to better manage the City of Cape Canaveral's unique challenges with being a barrier island and the effect this has on the Banana River Lagoon (and the Indian River Lagoon system overall), the City is committed to developing plans aimed at reducing stormwater impacts while improving overall water quality. Currently, the City uses stormwater Best Management Practices (BMPs) to meet this goal. In addition, the City seeks to integrate creative low impact development (LID) practices that retain rainwater on -site and encourage it to soak into the ground rather than allowing it to run off into ditches, stormwater drains, or water bodies such as the Banana River Lagoon where it would otherwise contribute to flooding and pollution problems. The goal is to develop practices that do a better job of mimicking natural processes in order to lessen the impact of storm events. Lastly, it is important to note that while BMP and LID practices are environmentally beneficial, they can also enhance neighborhood beauty through landscaping that doubles as natural stormwater infrastructure. The University of Florida's Institute of Food and Agricultural Sciences (UF/IFAS) and Keep Brevard Beautiful (KBB) both offer guidelines on how to promote Florida -friendly landscaping. 24 Resilient Cape Canaveral Action Plan (2021) More information can be found at: Figure 17. Crosswalk at N. Atlantic Ave. • UF/IFAS Low Impact Development • UF/IFAS Lawn and Garden • Keep Brevard Beautiful Lagoon Friendly Lawns program BIKEABILITY AND WALKABILITY THROUGHOUT THE CITY In keeping with the City's Vision Statement, creating a "bikeable and walkable Cape Canaveral that retains and enhances its welcoming residential feel" is important. Over the years, the City has worked to identify projects that develop "complete streets". Examples of this include the Ridgewood Avenue Streetscape Project and more recently, the North Atlantic Avenue Streetscape Project. The City continues to examine complete street guidelines as defined by Smart Growth America and works with the Space Coast Transportation Planning Organization (SCTPO) to integrate and advocate for projects that positively impact the City. Furthermore, the A1A Economic Opportunity Overlay District (EOOD) provides guidelines and standards encouraging development that focuses on pedestrian -friendly activity along State Road (SR) A1A. The goal is to create attractive outdoor spaces that allow residents and visitors of all abilities to move around the City of Cape Canaveral without relying on automobiles. Future endeavors include bicycle/pedestrian education, additional streetscaping and smaller measures such as using less toxic, soy -based traffic paint made from renewable and environmentally friendly sources for City roads and parking lots. 25 Resilient Cape Canaveral Action Plan (2021) CANAVERAL CITY PARK AND CITY HALL WATER EXFILTRATION SYSTEM As part of the revised stormwater master plan (2014), the City completed a stormwater improvement project that included exfiltration tanks placed under the Canaveral City Park baseball fields. The project Figure 18. Exfiltration projects, Canaveral City Park (left) and City Hall (right). included the installation of stormwater chambers beneath two outfield areas and one infield area of Canaveral City Park that capture approximately 931,000 gallons of water. The contributing area of treatment is equivalent to 30.3 acres. Upon completion of the stormwater chamber installation activities, the Park was returned to its original land use while capturing runoff and preventing it from entering the BRL. Similar tanks were installed underneath the Cape Canaveral Volunteer Fire Station and the City's new City Hall to capture and detain site runoff. Additionally, the City has numerous proposed stormwater improvement projects listed in the revised stormwater master plan (City of Cape Canaveral Basin Management Action Plan Compliance Strategy), that when completed will allow the City to meet its target goal for further reducing nitrogen and phosphorus from stormwater runoff. See also, Stormwater and Wastewater Management Projects below. CLIMATE MAYORS COALITION MEMBER The City of Cape Canaveral is proud of its membership with Climate Mayors, a coalition of more than 400 mayors nationwide leading the way on climate change initiatives through meaningful actions in their communities. This coalition also includes an electric vehicle purchasing collaborative, which seeks to leverage collective buying power and accelerate the conversion of municipal fleets to electrics. The City looks forward to working with other Mayors nationwide to demonstrate leadership on climate change in our Community through sustainable policies and actions. Visit http://climatemayors.org/ to learn more. 26 Resilient Cape Canaveral Action Plan (2021) COMMUNITY GARDEN The Cape Canaveral Community Garden is an organic greenspace that contains 12 garden plots meant for residential and educational use. The goal of the garden is to serve the Community by providing an opportunity for gardeners of all experience levels to work, volunteer and learn from one another while growing food. Most of all, the Community -led garden is a partnership between the City of Cape Canaveral and area residents to help foster a sense of community while encouraging neighbors, friends and families to collaborate on fun activities and workshops aimed at making the garden a success. In March 2018, the garden became a member of the informal Community Garden Network of Brevard (CGNB). The CGNB serves to inspire, connect, and support local efforts in sharing knowledge and resources for the creation and maintenance of sustainable urban and suburban gardens. This unique network promotes volunteerism, awareness, inclusion and education to empower both citizens and municipalities to undertake their own environmental and agricultural projects. Its mission is to enhance and maintain the natural beauty of our County's ecosystems while helping others achieve best practices in meeting their economic, environmental and social needs. For those interested, please feel free to use the latest garden bed designs the City used at its own community garden, which can be seen in Figure 19. Figure 19. Cape Canaveral Kairos Community Garden beds. COMPREHENSIVE PLAN COASTAL MANAGEMENT ELEMENT Development in Florida is guided by growth management legislation that was passed in 1985. Section 163.3177, F.S., requires that local governments' comprehensive plans provide policy for local planning and land use decisions on several issues such as capital improvements, conservation, intergovernmental coordination, recreation, open space, future land use, housing, transportation, public facilities, and coastal management (where applicable). Comprehensive planning is important because it results in decisions regarding long-term issues such as environmental protection and economic development, and ensures that cities work with the Florida Department of Economic Opportunity (DEO) to comply and coordinate with other state agencies for local development. As a coastal municipality, the City of Cape Canaveral is required by Florida law, to include a coastal management element in the City's comprehensive plan. In 2017, the City passed Ordinance No. 10-2017 to update its Comprehensive Plan to include a coastal management element. The update includes policies that indicate the City's willingness to pursue adaptation planning strategies over the next few years. The element must set forth principles, guidelines, standards and strategies to reduce the risk of flooding. Notably, F.S.§163.3177 and 163.3178, require that coastal management activities use studies, 27 Resilient Cape Canaveral Action Plan (2021) surveys and data to create redevelopment components that outline principles used to eliminate inappropriate and unsafe development in coastal areas. Moreover, the State encourages communities to take additional steps to develop strategies to become more resilient. Generally, resiliency planning uses data generated by analyzing a city's key assets (economic, infrastructure, natural, and social) and examining how they may be impacted by various sea level rise scenarios. Models used in these analyses are designed by organizations such as the USACE, UF and NOAA. With this in mind, the City has worked with the ECFRPC to develop a vulnerability assessment specific to the City of Cape Canaveral. These efforts, collectively known as adaptation planning, will allow the City to take steps to address current and future coastal planning in Cape Canaveral. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL (ECFRPC) PARTNER The ECFRPC was established in 1962 as an area -wide association of governments. It is represented by 32 Council Members and a skilled staff that provides technical assistance to governments and organizations within eight counties in the East Central Florida region. These counties include Brevard, Lake, Marion, Orange, Osceola, Seminole, Sumter and Volusia. The ECFRPC staff has expertise in a variety of areas including land use, environmental planning, comprehensive planning, resiliency and emergency management. Recently, the FDEP awarded the City a grant to work with the ECFRPC to develop a community based vulnerability assessment for Cape Canaveral, which was completed in May 2019. A summary of findings from the Assessment can be viewed above in Section D of this action plan. For more information, visit the ECFRPC's website at http://www.ecfrpc.org/ and the Florida Resilient Coastlines Program at https://floridadep.gov/fco/florida-resilient-coastlines-program/content/funded- projects. ELECTRIC VEHICLES, EV CHARGERS, AND ALTERNATIVE FUEL VEHICLES The City currently has six Level-2 electric vehicle (EV) charging stations (with 12 charging ports), which are available to residents and visitors free of charge in order to promote and incentivize further EV adoption across the Community. Locations include the Cape Canaveral Public Library, City of Cape Canaveral City Hall, Manatee Sanctuary Park and Banana River Park. A Level-2 mono charging station also resides at the Public Works Services administration building for City fleet usage. At least two more dual port EV chargers are planned and locations will be updated as they become available on the City's website. The City has one fully electric vehicle, a 2017 Ford Focus with 115 miles of range (Figure 20) and four 2019 Toyota RAV4 hybrids that have a 40+ mpg rating in a city environment. More alternative fuel vehicles will be added to the fleet as older vehicles are retired. To view charging station locations, visit http://www.plugshare.com/ or download the app to your mobile device. 28 Resilient Cape Canaveral Action Plan (2021) Figure 20. The City's 2017 Ford Focus EV charging at Public Works Services administration building. EMERGENCY PREPAREDNESS Because of the City's barrier island location, Cape Canaveral is inherently more susceptible to tropical cyclones and their impacts (i.e., storm surge, strong winds, flooding rains, etc.). While storms can be unpredictable, the City has procedures in place that aim to: safeguard life, minimize injuries, protect property, ensure organized preparedness, and achieve an early return of services. The City of Cape Canaveral Tropical Cyclone Preparedness and Recovery Plan is in place to better position the City for resilience and most importantly, safety. Additionally, the City disseminates information through various channels and coordinates with the Brevard County Emergency Management Office to communicate a message of year-round preparedness in the event of a storm or natural disaster. The Your Pathways to Preparedness guide provides resources that residents and visitors can use in an emergency. For more information, visit the Brevard County Emergency Management Office web page and follow City -related updates on the City of Cape Canaveral website and social media. FEMA CRS PROGRAM MEMBER The National Flood Insurance Program (NFIP) Community Rating System (CRS) is a program designed by FEMA to recognize and encourage community floodplain management. According to FEMA, the program "credits community efforts beyond those minimum standards by reducing flood insurance premiums for the community's property owners." For CRS participating communities, flood insurance premium rates are discounted in increments of 5%. A Class 1 community would receive a 45% premium discount, while a Class 9 community would receive a 5% discount (a Class 10 is not participating in the CRS and receives no discount). The CRS classes for local communities are based on 18 creditable activities, organized under four categories: public information, mapping and regulations, flood damage reduction, and flood preparedness. The City of Cape Canaveral is currently a CRS Class 8 community 29 Resilient Cape Canaveral Action Plan (2021) and all flood insurance premiums are reduced by 10% for all policy holders within the Special Flood Hazard area. To view flood zone information, visit the: Brevard County Flood Zone Map, http://gis.brevardcounty.us/flood map/. FERTILIZER ORDINANCE The City of Cape Canaveral has a summer ban on fertilizer application from June 1st to September 30th No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the prohibited application period, or to saturated soils. The City Code of Ordinances Chapter 92 — Fertilizer Land Application outlines all the specifics of this ban. In short, this chapter regulates and promotes the proper use of fertilizers by any applicator; requires proper training of commercial and institutional fertilizer applicators; establishes training and licensing requirements; establishes a prohibited application period; specifies allowable fertilizer application rates and methods; fertilizer -free zones; low maintenance zones; and exemptions. This chapter requires the use of best management practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on the City of Cape Canaveral's natural and constructed stormwater conveyances and surface waters. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of Cape Canaveral residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, help improve and maintain water quality. FLOATING VEGETATIVE ISLANDS (FVIS) The City of Cape Canaveral has constructed a number of wet detention ponds in order to reduce pollutant loads to the BRL. Wet detention ponds provide stormwater treatment through settling of heavy sediment particles and biological uptake within the pond's ecosystem. The City has enhanced the pollutant removal effectiveness of existing facilities by adding Floating Vegetation Islands (FVIs) to three existing ponds — one at Manatee Sanctuary Park (Figure 21) and four at the WRF. Nutrients removed from the water are stored in the plant mass and routinely harvested, preventing resuspension of nutrients when the plants die. There are approximately 1.9 acres of surface water in the three ponds selected for this project. Over 3% of the water's surface area is planted with FVIs to achieve 20% removal efficiency above and beyond treatment obtained in the ponds. FVls are planted with Figure 21. FVI located at Manatee Sanctuary Park. several native plant species and secured in deep water areas until harvesting time, when the mats are pulled to shore and water quality improvements measured. 30 Resilient Cape Canaveral Action Plan (2021) KEEP BREVARD BEAUTIFUL TRASH BASH Every year, the City participates in KBB's annual Trash Bash. As part of the Great American Cleanup, KBB's Trash Bash partners with local cities to help organize volunteers and remove trash from their areas. These volunteer efforts have helped to remove hundreds of pounds of litter from our beautiful community and beaches. LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) SILVER EQUIVALENT BUILDINGS New City Hall, completed in 2018, was built to LEED Silver standards. LEED standards are one of the most popular green building programs used worldwide. Developed by the non-profit US Green Building Council (USGBC), it includes a set of ratings that account for design, construction, energy use and maintenance of buildings. Future City buildings, including the Multi -Generational Facility (MGF) and the CAPE Center, will also be built to adhere to LEED Silver standards. Please note: The City plans to build all future buildings to LEED standards, but will not necessarily pursue LEED certification as this requires additional recurring fees. LITTLE FREE LIBRARY AND LITTLE FREE PANTRY PROGRAM The Little Free Library/Pantry is a grassroots, crowdsourced solution which strives to meet immediate community needs. Whether it is a need for educational books, food, or a need to give, the Little Free Library/Pantry's goal is to facilitate neighbors helping neighbors. Long-term goals continue to be working with the Second Harvest Food Bank of Central Florida - Brevard Branch and local HOAs to ensure Little Free Pantries are continuously stocked. To date the City has seven Little Free Libraries and four Little Free Pantries. MOBI-MATS® AND COMPOSITE DECKING IMPLEMENTATION Mobi-mats are "a lightweight non -slip portable roll -out ADA/ABA/AODA beach access pathway for individuals of all abilities, pedestrians, wheelchair users, strollers, bicycles and ATVs." As the City works to become more accessible, the use of these recyclable and earth -friendly mats are a great way to achieve greater accessibility with minimal environmental impact. Mobi-mats can be found at beach crossovers at Monroe Avenue, Polk Avenue, Buchanan Avenue, and Ridgewood Avenue Beach Crossovers. Additionally, the City uses eco-friendly composite decking, made from an innovative blend of 95% recycled wood and plastic film for beach crossovers and will replace older wooden crossovers in the future. For more information, visit: https://www.mobi-mat-chair-beach-access-dms.com/. PACE (PROPERTY ASSESSED CLEAN ENERGY) FINANCING In 2017, the City of Cape Canaveral adopted Resolution No. 2017-01 that allows local governments to create PACE programs in order to provide access to upfront financing for energy conservation/efficiency, renewable energy, wind resistance, and other improvements. The program, approved by the State of Florida, uses third -party administrators to provide funding for clean energy projects. These programs not only assist residents and businesses in reducing their carbon footprint, 31 Resilient Cape Canaveral Action Plan (2021) but can also stimulate the local economy by creating job opportunities. To learn more, visit: https://pacenation.org/. RECLAIMED WATER The City of Cape Canaveral's Reclaimed Water System is striving to meet a conservation goal by developing, expanding and promoting an alternative water system. Reclaimed water is a major component of the City's Water Conservation Program and overall sustainability and as a result, the City recently built a 2.5 million -gallon tank to lessen the amount of discharge into the BRL. The City of Cape Canaveral makes this resource available to as many residents as supply, demand and financial resources allow. For more information, visit the City's reclaimed water page. Figure 22. Newly planted sea oats on Cape Canaveral's beaches. SEA OAT PLANTINGS As part of the City's annual Sea Oats Planting Project, volunteers attend and work to prevent erosion and enhance the aesthetic qualities of Community beaches. Between 2019 and 2020, volunteers planted 20,000 sea oats to help support the natural dune line. City Staff from the Public Works Services Department typically host the event. Refreshments and planting tools are provided to volunteers, and after a short how-to demonstration, volunteers head out to the beach. To date, the City has planted over 100,000 (see historical data below) sea oats on Cape Canaveral beaches. The City's social media platforms have been successful in reaching participants, and every year new volunteers become first-time sea oats planters. Year Number of Plants 2005 2,950 2013 7,200 2006 9,600 2014 7,700 2007 9,600 2015 7,700 2008 5,000 2016 7,200 2009 7,500 2017 7,200 2010 7,500 2018 7,200 2011 8,000 2019 10,000 2012 7,200 2020 10,000 SEA TURTLE PROTECTION & EDUCATION In 2017, the City ramped up its sea turtle messaging on social media and at public events to engage the Community in environmental stewardship. Because the beaches of Brevard County are among the world's most important nesting areas for sea turtles, it is important to protect these animals. Each 32 Resilient Cape Canaveral Action Plan (2021) summer, female sea turtles climb onshore to build nests and lay eggs. Later in the summer, baby sea turtles emerge and crawl to the safety of the ocean. In Brevard County, nesting season begins on March 1 and ends on October 31. During this time, it is important to turn off lights on houses and businesses near beaches to prevent turtles from becoming disoriented. In fact, the City's code enforces the protection of sea turtles through policy that minimizes light on or near beaches. We hope to increase this messaging in the future and continue to encourage activities such as keeping beach -facing lights off during sea turtle nesting season. SOLAR GENERATOR In December 2019 the City's first mobile solar generator arrived! It comes from a California - based company —Mobile Solar —and is the company's smallest unit type (the MS-150). The City wanted to start small with its first solar generator in order to train Staff and educate the Community on solar and battery technologies while also providing a usable service. It will be used at City events, for appropriate construction duties and — perhaps most importantly —for disaster relief operations after tropical storms and hurricanes. The MS-150 unit is capable of powering and recharging numerous mission -critical devices at any given time, including cell phones, laptops, power tools, external lighting fixtures and certain appliances. This will help the City to maintain operations in the event of power outages, all without the need for traditional gasoline or diesel fuel. Figure 23. Mobile Solar generator (2019). The three 335 watt LG solar panels have a daily energy harvest of 6-kilowatt hours with an inverter output rated at 3.5 kilowatts (3,500 watts) with a surge of 6 kilowatts (6,000 watts). The included batteries are charged by the unit's solar panels, have an overall lifespan of 12 to 15 years, and can last up to two days on a single charge. SOLAR TOGETHER In January 2019 the City partnered with Florida Power and Light (FPL) to become one of the first municipal SolarTogether subscribers. SolarTogether is an offset program where the City agrees to pay a slightly higher utility rate in order to invest in large-scale solar arrays being deployed by FPL as a part of their 30 by 30 initiative, which intends to see 30 million solar panels deployed across the state by 2030 to generate up to 10 gigawatts of electricity. In exchange for this increased rate, the City will receive 33 Resilient Cape Canaveral Action Plan (2021) bill credits that will - after six years - see a breakeven point and subsequently begin positive financial returns. Almost 3 million kilowatt-hours of municipal consumption will be offset. Under the new program, FPL will build 20 new mainland solar plants (each with a 74.5-megawatt capacity) by mid-2021. Over the life of the 30-year program, the City will see over $385,000 in utility savings while helping to invest in a clean, renewable form of power abundant to the Sunshine State. STORM WATER AND WASTEWATER MANAGEMENT PROJECTS • Ongoing replacement of open -throat stormwater inlets with Type C inlets, which reduce the amount of debris entering the stormwater system, reducing debris backups. • Construction of stormwater management systems at both Banana River and Manatee Sanctuary Parks. • Underground stormwater exfiltration chambers at the Cape Canaveral Fire Station. • Replacement of sewer pipes located along Banana River to eliminate leaks and back-up. • North Atlantic Avenue Streetscape Project included the construction of a swale system to collect stormwater and reduce flooding. • Armored the Banana River Lagoon shoreline at Banana River Park, Manatee Sanctuary Park and the City's Water Reclamation Facility to reduce erosion. • Continued development and implementation of the City's Stormwater Master Plan (2014) as a guide for future infrastructure projects and a means to reach Total Maximum Daily Load (TMDL) goals. • Exfiltration pipe installations at eight City intersections to help reduce flooding. • Sewer pipes replaced located along the Banana River to eliminate leaks and back-up. • The North Atlantic Avenue Streetscape Project included construction of a swale system to collect stormwater, which was not present before. • Constructed a back-up oxidation ditch at the Water Reclamation Facility for system redundancy. • Replacement of inefficient sanitary sewer lift stations with new stations. 34 Resilient Cape Canaveral Action Plan (2021) J) Moving Forward A Resilient and Sustainable Future The City of Cape Canaveral is at the center of the Space Coast's revitalization. An ever expanding space program and increasingly modernizing global port pose opportunities and challenges that must be met with preparedness in the face of intensifying risk from costly weather -related disasters. Over the last few years, a number of communities have experienced tragic results from a lack of preparedness. For this reason, it is important to note that the impacts of sea level rise and climate change will not only impact a community's character, but its finances. Figure 24. Traffic signal street sign with high water. The results of sea level rise will likely burden residents and business owners. Therefore, the City of Cape Canaveral will work to become a leader in resiliency and sustainability in an effort to meet the demands 35 Resilient Cape Canaveral Action Plan (2021) of the present while balancing the needs of the future. Leading by example, the City will establish goals for what a modern, sustainable and prosperous coastal municipality should be. What follows are a series of resilience and sustainability-based development objectives —called Preparedness Targets —that breakdown into eight Action Categories that include elements necessary to sustainable municipal operations. It is also important to note that these objectives are in line with the ECFRPC's East Central Florida Regional Resiliency Action Plan (ECF RRAP) goals (below) which offer a regional approach to the challenges that all Brevard County municipalities face. • ECF RRAP ALIGNMENT —GOAL 1 (LEADERSHIP & STRATEGY) • LS1: Incorporate resiliency into local and regional plans, policies and objectives. • LS2: Plan fiscally to implement resilient and sustainable solutions to long-term impacts. • LS3: Implement strategies to promote adaptive measures that keep people and property safe from natural hazards. • LS4: Engage and educate private sector stakeholders, elected officials and other members of the community about strategies to increase resilience in the built, natural, and social environment. • ECF RRAP ALIGNMENT —GOAL 2 (ECONOMIC & SOCIETY) • ES1: Protect high -value assets from natural hazards. • ES2: Educate businesses about access to funding and financing services related to resiliency and sustainability. • ES3: Facilitate and support the efficient recovery of business operations after an event. • ES4: Increase skilled labor force. • ES5: Improve social equity and justice in decision making process. • ECF RRAP ALIGNMENT —GOAL 3 (INFRASTRUCTURE & ENVIRONMENT) • IE1: Prioritize the use of Green Infrastructure as a first line of defense. • IE2: Promote interconnectivity of natural lands for habitat migration. • IE3: Enhance stormwater systems to be more resilient. • IE4: Improve water quality in surface water bodies. • IE5: Incorporate resiliency into local and regional plan, policies and objectives. • IE6: Preserve and adapt the built environment to keep people safe from and mitigate current and future natural hazards. • IE7: Improve community mobility while improving vulnerable transportation infrastructure. • ECF RRAP ALIGNMENT —GOAL 4 (HEALTH & WELL-BEING) • HW1: Improve capacity of jurisdictions to better respond to hazard events. • HW2: Improve capacity of medical facility operations to prepare for and recover from natural disasters and future conditions. • HW3: Promote sustainable practices in government owned facilities. • HW4: Engage residents and business owners with locally relevant information about expected future changes in natural hazards and sustainable practices. • HW5: Improve access to resources for the homeless, special needs, elderly, low income, and English -limited residents. 36 Resilient Cape Canaveral Action Plan (2021) The following pages describe each of the City's eight Action Categories in detail and their relating Preparedness Targets. There are a total of 56 Preparedness Targets across each of the Action Categories, which are listed below: ACTION CATEGORY 1—GREEN AND RESILIENT ECONOMY • Preparedness Targets: 4 ACTION CATEGORY 2—NATURAL SYSTEMS • Preparedness Targets: 10 ACTION CATEGORY 3—TRANSPORTATION • Preparedness Targets: 10 ACTION CATEGORY 4—ENERGY • Preparedness Targets: 9 ACTION CATEGORY 5—BUILT ENVIRONMENT • Preparedness Targets: 3 ACTION CATEGORY 6—EQUITY AND QUALITY OF LIFE • Preparedness Targets: 3 ACTION CATEGORY 7—WASTE AND CONSUMPTION • Preparedness Targets: 8 ACTION CATEGORY 8—STORM READINESS AND SEA LEVEL RISE • Preparedness Targets: 9 Each Preparedness Target is listed alongside an explanation of its purpose, implementation period, implementation strategy and measure of success —or the measure by which the City will know the target has been achieved. Preparedness Targets are listed in chronological order across four different implementation horizons: CURRENT, DENOTED BY A (C) • Targets the City can/should undertake immediately FIVE (5) YEARS • Targets the City should undertake within the next five (5) years FIFTEEN (15) YEARS • Targets the City should undertake within the next 15 years THIRTY (30) YEARS • Targets the City should undertake within the next 30 years 37 Resilient Cape Canaveral Action Plan (2021) According to these timeframes, each of the 56 Preparedness Targets should be researched, scoped and implemented by 2050. This proactively places the City's efforts of preparing policies/procedures and engineering its infrastructure ahead of the worst -case scenarios predicted for impacts from flooding, storm surge and sea level rise outlined in the City's Assessment. In the interim, increasing instances of unpredictable weather and climate -related events, as well as subsequent economic shocks, necessitate a recommendation for the City to increase the General Fund Contingency to be better positioned for unanticipated weather and climate -related response activities and unanticipated opportunity -based initiatives to mitigate impacts. This Plan is a living document, meaning it can be adapted and refined over time to better meet the needs of the Community. There will be an assessment review conducted every five years after adoption, where City Staff will have the chance to examine the results of the Plan's targets and amend if necessary. This will help to ensure the action plan stays up-to-date and that results are formally assessed and shared with the Community. If Preparedness Targets are completed by the time an assessment review is conducted it will be removed from the document's listing. A new target can be included to either enhance the objective of the previous target or incorporate a different topic altogether if deemed necessary. Any new targets should however attempt to conform to the already established implementation timeframes. Being a living document, this action plan can continue to serve the City for decades to come. With these targets, the City of Cape Canaveral can position itself to not only reduce costs via risk mitigation and disaster preparedness, but also improve the overall health and well-being of its residents, environment, and economy in order to become a Future -Ready city. 38 Resilient Cape Canaveral Action Plan (2021) Figure 25. Example of green infrastructure incorporated into the built environment. 39 Resilient Cape Canaveral Action Plan (2021) K) Action Category 1 Green and Resilient Economy According to the US Economic Development Administration (EDA), economic resilience is the ability of a local or regional economy to anticipate risks, evaluate how these might impact key economic assets and to build a responsive capacity in order to respond19. This resilience must also be combined with a general greening of a City's economy, one that promotes improved human well-being and social equity while reducing threats to the environment in order to allow for sustainable growth. Incorporating resilience into a local economy can reduce the financial impacts of disasters, improve economic profitability and performance, and improves the general atmosphere for investment. As redevelopment occurs, the City should focus on diversifying its portfolio of businesses, continue to support and encourage local businesses and promote businesses that exhibit sustainable practices that have a minimal impact on the environment. This should occur in conjunction with maintaining natural areas within the City in order to encourage biodiversity and lagoon health —as well as ecotourism—a multi -million - dollar industry in the State of Florida'. Areas of urban development that are no longer of use or abandoned should be investigated and acquired by the City where feasible and appropriate to be made into natural areas and stormwater parks. The environment is a natural and economic asset, and must be preserved and maintained to the maximum extent possible. Mismanagement as seen in the Banana and Indian River Lagoons can result in significant financial losses. According to a 2016 economic valuation analysis prepared by the ECFRPC and the Treasure Coast Regional Planning Council, the total economic value of the lagoon system was over $7.6 billion across five counties21. If this resource should be lost due to continued environmental degradation or collapse it would impact the economy significantly. Thus, policies, eco-oriented business practices and infrastructure geared towards properly managing resources should always be promoted and prioritized. Figure 26. Image depicting "green growth". 19 Source: https://www.eda.gov/ceds/content/economic-resilience.htm 20 Source: http://floridajobs.org/community-planning-and-development/community-planning/community-planning-table-of- contents/ecotourism/the-economic-benefit-of-ecotourism 21 Source: http://tcrpc.org/special projects/IRL Econ Valu/FinalReportIRLO8 26 2016.pdf 40 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 1 Encourage green (eco-friendly) industries within the City. Purpose: Encouraging green industries to establish businesses within the City can help to diversify the City's economy, attract new 21st century jobs and spur innovation. These new green industries, which can range from energy efficiency engineering to local reusable cotton bag manufacturers, will allow the City to add capital while also providing a place for a modernizing workforce. It is estimated that as of 2018 the world's green economy, characterized by businesses who are efficient, clean, circular, collaborative and low carbon, is worth more than the fossil fuel sector at roughly 10% of the global market's capital. The fossil fuel sector currently makes up about 6%22. Implementation Period: Current (c). Implementation Strategy: Encourage green industries by highlighting the City's sustainability initiatives, green and resilient best practices. The City should also purchase goods and services from local or regional businesses. Measure of Success: An annual assessment should be completed by City Staff in order to determine the amount of businesses within the City that can be classified as "green" through their goods and services, verifying whether these businesses are being maintained in the Community and increasing in number. Such data should be made available to the public and promoted through the City's official social media pages, website and outreach programs. PREPAREDNESS TARGET 2 Support clean energy industry jobs for residential and commercial projects, City facilities included. Purpose: As of 2018, nearly 3.3 million Americans worked in the clean energy industry, outnumbering fossil fuel workers 3 to 123. These green -collar jobs represent the future of American energy and should be supported as energy grids transition to renewable energy (solar, wind, geothermal, etc.) in an effort to make a greener and more sustainable economy. This will also encourage homegrown energy production, by encouraging local resiliency -based electricity. Implementation Period: Current (c). Implementation Strategy: Promote local clean energy jobs and engage the Community on clean energy programs that are available to property owners. The City should also work to convert its facilities to run off of renewable energy by mid-century and develop incentives for clean energy users. "Clean energy user guides" should also be made available to the Community to increase awareness and installation. Measure of Success: The City should set a goal to encourage at least 50 private property owners to convert to renewable energy by 2030, and work to attract at least one local clean energy company to reside within its limits. 22 Source: https://unfccc.int/news/green-economy-overtaking-fossil-fuel-industry-ftse-russel-report 23 Source: https://www.forbes.com/sites/eneroyinnovation/2019/04/22/renewable-eneroy job-boom-creating-economic-opportunity-as- coal-industry-slumps/#3fd768293665 41 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 3 Promote green business practices within the Community through the City's website, official social media pages, at events and through the Weekly Update. Purpose: To serve as an education source for local business leaders aspiring to make their operations more efficient, resilient and environmentally friendly while also reducing costs. Implementation Period: Current (c). Implementation Strategy: Educational materials pertaining to green business practices will be distributed via the City's website, ongoing outreach sessions, official social media pages and through the Weekly Update. Information will be up-to-date, showcase successful examples of implementation elsewhere and highlight the successes of local green businesses, as well as other local businesses working towards these goals. Measure of Success: Success will be measured via statistics from social media tracking, Weekly Update subscribers, website users and event attendees. Feedback through Community surveys can also be used as a measure of interest or success. The City should strive to reach at least 500 individuals on an annual basis through the channels mentioned above. PREPAREDNESS TARGET 4 Promote and build attractions that encourage ecotourism. Purpose: Given the natural beauty of Cape Canaveral's surroundings, ecotourism—a vital industry to the region —should be viewed as an economic asset that supports the preservation of the City's natural areas, including the Banana River/Indian River Lagoons. Of the lagoons estimated $7.6 billion value, $1.5 billion is estimated to be derived directly from tourism and recreation, with the average lagoon visitor spending $162 a day24. This industry could also help to further diversify the City's economy and promote local businesses whose livelihoods rely on the environment. Implementation Period: Current (c). Implementation Strategy: The City should make it a priority to purchase or preserve remaining undeveloped areas, where appropriate, to aide in the development of LID, stormwater parks, and lagoon restoration. Additionally, kayak trails should also be pursued to allow residents and visitors access to the BRL, potentially connecting each lagoon facing City park with the proposed port -located aquarium. Measure of Success: City Staff should inventory current ecotourism-based businesses within the City and reevaluate this inventory every year in order to determine growth. The construction, remediation and completion of natural areas, park and other green infrastructure projects will also be viewed as a measure of success. 24 Source: https://www.tcpalm.com/story/specialty-publications/progress-and-innovation/2016/11/14/new-study-shows-how-valuable- indian-river-lagoon-treasure-coast/92665478/ 42 Resilient Cape Canaveral Action Plan (2021) L) Action Category 2 Natural Systems Natural systems are considered to be all land and water ecosystems and the organisms that reside within them. Many of these natural systems are under immense stress due to waste, pollution, and population growth. These natural systems play a complex and sustaining role in the health and well-being of not only the environment but people as well. It is also important to note that since much of the area's economy is built around environmental assets, they should be preserved and maintained to the maximum extent possible. An effort should also be made to restore habitat areas where feasible. The Banana and Indian River Lagoons are probably the most prominent local examples of an endangered natural system. Throughout the last several years, numerous toxic algae blooms have led to seagrass die -offs and massive fish kills that have the potential to lead to the collapse of the lagoon system. More can be read about the lagoon in the Marine Resources Council's (MRC) Indian River Lagoon Report Card, which was published in 2018. This report card, which will be updated by the MRC as new data is collected and analyzed, is available for free download by the public via the MRC's website. Natural assets can also be seen as green infrastructure, LID, or infrastructure that incorporates natural systems —trees and plants —into the everyday operations of a city's infrastructure. They can also help a city manage stormwater runoff and can add to the overall aesthetics of an area while rebuilding natural habitat. Green infrastructure can take the form of bioswales that help to collect and filter stormwater runoff, living shorelines that help to stabilize vulnerable coastlines against storm surge and erosion, or even include living walls on building facades that help reduce air pollution. This category will help the City take actions in the preservation and mitigation of its surrounding natural systems —both land and water —while also improving its resiliency through the implementation of green infrastructure. Figure 27. Large fish kill in the Indian River Lagoon, Associated Press March 2016. 43 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 5 Ban the use and application of glyphosate-based herbicide products at all City owned properties, parks and facilities by City Staff and contractors. Purpose: Glyphosate has been an active ingredient in herbicide (weed killer) since 1974 with an estimated 18.9 billion pounds having been applied globally since its inception, with samples found in consumable foods and beverages. Scientific research has raised concerns about the compound's link to cancer25. This has resulted in numerous cities —and even countries —banning the substance'. It is also a water pollutant, with large amounts being found in watersheds across the country, including Biscayne Bay in Miami, leading to its ban across the municipality27. With this in mind, the City will work to eliminate the use of Glyphosate on City property. Implementation Period: 5 years Implementation Strategy: City Staff should first compile a detailed list of appropriate substitutes to replace any glyphosate-based herbicides. The City will work with businesses and contractors to recommend alternatives to aide in transitioning from glyphosate-based herbicides to environmentally -friendly herbicides. City Staff should make its glyphosate alternatives publically available in order to promote and encourage their adoption by Community members. Measure of Success: Determined via the complete elimination of glyphosate-based herbicide products on City property and an ongoing effort to record alternative herbicides being used in the Community. 25 Source: https://www.sciencedaily.com/releases/2016/02/160202090536.htm 26 Source: https://www.baumhedlundlaw.com/toxic-tort-law/monsanto-roundup-lawsuit/where-is-glyphosate-banned/ 27 Source: https://www.miaminewtimes.com/news/city-of-miami-bans-use-of-herbicides-containing-glyphosate-11100953 44 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 6 Begin a volunteer outreach program that encourages the discontinuation of phosphorus and nitrogen -based fertilizers, with the goal of at least 1,000 Community members pledging to end applications on their properties. Purpose: It is well documented that fertilizer applications can increase the amount of nutrient pollution in a watershed, leading to harmful algae blooms and fish kills. Algae thrives off nitrogen and phosphorus, which in high concentrations can accelerate the organisms' growth and can deprive water of its oxygen content, which leads to dead zones28. Reducing these nutrients is critical to maintaining lagoon ecosystem balance and water quality. Implementation Period: 5 years Implementation Strategy: Develop a voluntary pledge for Community participation to encourage the disuse of nitrogen and phosphorus -based fertilizers. An informational packet should be created to include education on the effects of fertilizers on the lagoon and a list of eco-friendly fertilizer alternatives. Outreach sessions should be offered to educate participants and recruit pledges. The City will also explore offering this program in conjunction with a local environmental group or agency. Additionally, Staff should explore and catalog eco-friendlier fertilizers for Council review to determine the possibility of enacting stronger fertilizer ordinances City-wide to reduce nutrients. Measure of Success: Success will be determined by the City's ability to recruit 1,000 Community members to pledge their support for the program and voluntarily discontinue their use of nitrogen and phosphorus -based fertilizers, opting instead to showcase their alternatives in order to educate the rest of the City. PREPAREDNESS TARGET 7 Increase the number of registered Lagoon -Friendly Lawns within the City by 60% over the current listed number. This will also support Target 6. Purpose: How one maintains their lawn can greatly affect the amount of nutrient pollution that can runoff into the lagoon system. This nutrient runoff can cause harmful algae blooms and fish kills. Having a certified Lagoon Friendly Lawn —a program under KBB—can help to minimize nutrient pollution, reduce stormwater runoff and restore overall ecosystem balance by decreasing or eliminating the amount of maintenance intensive turf through Florida -friendly plants and permeable surfaces. Implementation Period: 5 years Implementation Strategy: The City should partner with KBB and the UF/IFAS Extension in Brevard County to promote and educate residents about the Lagoon Friendly Lawns program and its benefits. An online showcase could be established through the City's website and official social media pages of current City residents who have certified Lagoon Friendly Lawns. This showcase and its volunteer participants can give testimonials to the programs benefits and speak at outreach events if willing to do so in order to further education about the program. Measure of Success: Certified properties with Lagoon Friendly Lawns will be inventoried through KBB's online mapping program in order to create a baseline. The City should work to increase the 28 Source: https://phys.org/news/2018-08-florida-algae-crisis.html 45 Resilient Cape Canaveral Action Plan (2021) number of Lagoon Friendly Lawns by 60% beyond the baseline within five years and include a link to the program on the City's website. PREPAREDNESS TARGET 8 Conduct a survey that documents all trees in/on City property, parks and facilities. Purpose: Properly documenting and cataloging all trees on City property is an important step in understanding where more trees are needed in order to increase the City's urban canopy; create more habitat and shade by decreasing the amount of urban heat island and improving the overall aesthetics of the City. This will also allow City Staff to know the location of any potentially harmful invasive species such as Brazilian Pepper29. Implementation Period: 5 years Implementation Strategy: A City tree survey can be accomplished by City Staff using open source Google Maps software (and supplemented by ArcGIS) that allows for the geo-tagging and documenting of each tree identified on City property. The only tools necessary are a Wi-Fi enabled smartphone or device. This data can be made available to any City Staff member, as well as the public once completed. Measure of Success: Success will be measured by the City's ability to complete this target within its five-year implementation period. The survey should involve all City parks, facilities, right of ways and properties upon completion. 29 Source: https://plants.ifas.ufl.edu/plant-directory/schinus-terebinthifolia/ 46 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 9 Increase mangrove habitats along the lagoon by at least 300 trees through a joint public -private program. Purpose: Mangrove trees, sometimes called the "kidneys of the coast", are an incredibly important piece of Florida's coastal ecosystem. Due to their elevated and complex root structures they can act to stabilize a shoreline, reduce erosion and act as a wave break against fierce wind -driven waves. They also provide a home for countless aquatic and terrestrial species, adding to an area's biodiversity by filtering water and air to improve quality and clarity30. Implementation Period: 5 years Implementation Strategy: The City should partner with a local environmental organization who grows and distributes mangroves to establish an annual mangrove tree planting program that is available to Cape Canaveral residents that live along the BRL. A waiting list will be created with volunteer sign-ups taking place on a quarterly basis. Once the waiting list is full, mangroves will be acquired from the City's organization partner and distributed to program volunteers for planting. Measure of Success: Program volunteers will be given an informational guideline packet containing instructions on how to properly plant and manage mangrove trees. Program success will be determined through the amount of mangroves distributed and the City's ability to reach its goal of 300 trees. 30 Source: https://www.nature.org/en-us/newsroom/mangroves-reduce-florida-flood- damages/?src=s fbo.ch fl.x.x.&sf111483038=1&fbclid=lwAR3nyo5sLe-X4maCcHNy-jbGg0B5SIK6w0N4Ionilrmc3zaXuzOe7xk3AMs 47 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 10 Increase urban tree canopy with a reforestation strategy striving to plant 2,000 new native and Florida -friendly trees/plants on City properties. Residential and business properties should be considered through a joint voluntary public -private planting initiative. Purpose: Planting trees is one of the easiest and most cost effective resiliency initiatives a municipality can undertake in order to mitigate future challenges. Urban trees/plants can improve an area's biodiversity, create shade, reduce soil erosion through root stabilization, sequester carbon, lower ambient air temperatures, absorb stormwater runoff and improve air quality. According to the US Environmental Protection Agency, urban trees can reduce an area's temperature anywhere between 2°F and 9°F, which can reduce local energy cost by decreasing the demand for air conditioning31 Implementation Period: 10 years Implementation Strategy: Using the results of Target 8 (a City-wide tree survey), the City will plant native and Florida -friendly trees in areas lacking tree coverage based on feasibility and survey findings. The City will strive to plant 2,000 new native and Florida -friendly trees/plants, but the ultimate number planted over the next 5 years is heavily dependent on the results of Target 8. This number may decrease or increase based on available square footage. The City can partner with a local organization or state entity to acquire an annual number of saplings that can be distributed in the Community on both public and private property to willing program participants. Forestry grants can also be used as a source of funding in order to procure new trees. Public -private partnerships can also supplement funding. Measure of Success: Based on the City's tree survey findings, appropriate locations and the number of tree plantings will be determined by City Staff annually. Success will be measured by the number of trees planted and if it meets the set annual goal. Within 15 years of this action plan's adoption, 2,000 trees/plants should be planted. The City should also consider obtaining an average air quality measurement before implementation begins and after the target is completed in order to better determine success. 31 Source: https://www.epa.gov/heat-islands/using-trees-and-vegetation-reduce-heat-islands 48 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 11 Continue annual sea oat plantings to double the amount of sea oats along the beach from the existing 110,000 to over 220,000 for increased dune stabilization. Purpose: Sea oats are a hardy, salt and drought tolerant grass commonly found in the upper dunes of a beach. They are native to the southeastern US, from Virginia to Florida and across the Gulf region to Mexico. Sea oats have extensive deep root systems that act as rebar would in a concrete building, stabilizing dune systems, which help to reinforce a beaches natural defense against storm surge, wave action and tidal flooding32. As an example of green infrastructure, sea oats provide a more natural solution to beach stabilization and are considered so important to maintaining beach structures that they are protected under state law33. Implementation Period: 15 years Implementation Strategy: In 2020, the City planted 10,000 sea oats. Since 2005, the City has partnered with Brevard County to plant thousands of sea oats for beachside maintenance and preservation. The City uses this partnership as an outreach program to engage the Community through an annual planting session. As a result, coordination with the County should continue, and Community outreach and volunteerism should be maintained until the City doubles its sea oats plantings. Measure of Success: Annual sea oat plantings are tracked, and the data is available on the sustainability section of the City's website. These numbers will continue to be tracked and monitored across the 15-year implementation period until the target is met. The City should also attempt to acquire the maximum allowable amount of sea oats from the County each year to ensure the quickest implementation possible. PREPAREDNESS TARGET 12 Strive to increase the amount of properties connected to reclaim irrigation to help reduce and potentially eliminate the need for direct reclaim discharges into the Banana River Lagoon from the City's Water Reclamation Facility (WRF). Purpose: Currently it is estimated that about 50% of the Community receives reclaim irrigation from the City's WRF. When irrigated, reclaim water is filtered through soil where nutrients are absorbed naturally. Therefore, increasing the amount of properties using reclaim irrigation will allow for less direct discharges into the BRL. Implementation Period: 15 years Implementation Strategy: To determine a baseline, the City will map existing reclaim connections and work to increase these connections to 75% throughout the Community. Incentives should be developed to encourage more residents and business to utilize the resource. Measure of Success: As reclaim connections advance, the City will track progress via Google maps or GIS maps, allowing for real time monitoring until the target is met. 32 Source: https://plants.usda.gov/factsheet/pdf/fs unpa.pdf 33 Source: https://www.flsenate.gov/Laws/Statutes/2011/161.242 49 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 13 Establish annual oyster gardens at all current and future City -owned docks through the Brevard Zoo Oyster Gardening Program and showcase their benefits to the Community in order to encourage residents to participate in the program. A public -private partnership should be pursued in the maintenance of each oyster garden. Explore the feasibility of oyster mat and reef construction along the City's lagoon shoreline and implement as appropriate and possible. Purpose: One adult oyster can filter 50 gallons of water per day, removing both organic and inorganic particles from water. This results in improved water quality and a healthier ecosystem34. When multiplied, the potential filtering power of oysters is infinite. The Brevard Zoo Oyster Gardening program empowers residents to become an active member in the restoration of the lagoon system, giving them one of the easiest and most cost effective ways to improve water quality. The City of Cape Canaveral should pursue the program for its municipal docks through a public -private partnership in the maintenance of each oyster garden. Implementation Period: 15 years Implementation Strategy: The City will work with the Brevard Zoo to freely acquire oyster garden cages and the necessary materials for each growing season. Cages filled with young oysters will be strung underneath City -owned docks via rope and left to incubate for 6 to 9 months; at which time the fully developed oysters will be transferred back to Brevard Zoo staff for implementation at various oyster reef locations across the lagoon. Signage will also be placed at each respective City dock in order to make users aware of the oyster gardens presence and purpose. Should an oyster reef be determined as a feasible infrastructure project the City will again work with the Brevard Zoo through their Restore Our Shores Program in order to scope, permit and implement a proper oyster reefs and mats. Implementation of such reefs and mats could be accomplished through volunteer work in the Community. Measure of Success: Success for this target can be measured through the amount of oyster cages implemented each year and the amount of viable adult oysters that are collected at the end of each growing period. A successful harvest includes anywhere from 50 to 200 oysters from each cage. Metrics for each harvest should be made publicly available on the City's website and official social media pages. 34 Source: https://www.fisheries.noaa.gov/national/habitat-conservation/oyster-reef-habitat#the-value-of-oyster-reef-habitat 50 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 14 When new City owned buildings, parks and roadways are being considered, or existing ones are redeveloped, LID or xeriscape practices should be implemented. All City operated buildings should dedicate 25% of the site to LID/xeriscape techniques. Purpose: LID and xeriscaping is a form of landscaping that involves little to no irrigation and often involves the planting of native species that are best suited for the area they are being planted in, reducing the need for both water and fertilizers3s. This in turn decreases the cost of maintenance and an area's environmental impacts. Implementation Period: 15 years Implementation Strategy: Upon the development or redevelopment of a City building, the amount of space dedicated to landscaping will be determined. At least 25% of this intended landscaped area should be set aside for LID/xeriscape techniques and native or Florida -friendly plants. Ground cover should consist of rocks or mulch in the place of sod. Florida native plants should be friendly to pollinator populations and be drought tolerant. Should it be feasible and appropriate, this landscaping practice should be incorporated at all City parks including pocket parks. Measure of Success: Analyze the actual percentage of LID landscape implemented at City facilities. Each facility should have at least 25% of its landscaped area incorporate LID or xeriscaping. A great example can be seen at Cape Canaveral City Hall, which heavily features LID techniques. 35 Source: http://livinggreen.ifas.ufl.edu/landscaping/xeriscaping.html 51 Resilient Cape Canaveral Action Plan (2021) M) Action Category 3 Transportation Accessible, clean and safe modes of transportation are key factors in designing a community that is "bikeable and walkable". The City's Vision Statement prioritizes a transportation system that does not solely rely on cars as the primary form of transportation, but instead encourages alternative modes. Because transportation design in the US is moving away from roadway designs that prioritize the automobile, the streets of tomorrow will be designed to safely and efficiently incorporate pedestrian, bike, scooter and vehicle traffic. Commonly known as Complete Streets, this type of transportation thinking allows for communities to plan for multiple modes of travel for all ages and abilities to include designs that utilize ADA compliant principals36. In the City of Cape Canaveral (1.9 square miles) walking and biking is vital and often utilized as a primary mode of transportation. According to a 2019 report by the National Complete Street Coalition and Smart Growth America, Brevard County is one of the deadliest places in the entire nation for walkers and bicyclists, ranking third on the report's list of vulnerable locations37. In the City's 2018 Community Survey, pedestrian and roadway safety was an important topic to most respondents, with many being dissatisfied with the level of ease and safety when using roadways in the City, especially SR A1A. For this reason, the City will work with the SCTPO towards adopting Vision Zero policies for transportation design, which calls for zero traffic and pedestrian fatalities or serious injuries within the City of Cape Canaveral. Figure 28. Health First Mayors' Fitness Challenge bike event. 36 Source: https://smartgrowthamerica.org/program/national-complete-streets-coalition/publications/what-are-complete-streets/ 37 Source: https://smartgrowthamerica.org/dangerous-by-design/ 52 Resilient Cape Canaveral Action Plan (2021) Another important aspect of resilient and sustainable transportation involves transitioning the City's vehicle fleet to cleaner, alternative fueled vehicles in order to lower fuel costs, emissions and increase fuel efficiency in times of disaster where fuel supplies may be inaccessible. Of the available alternative fueled vehicles emerging in the national market, electric vehicles are by far the most technologically advanced and are already seeing mass deployment across numerous private38 and public fleets nationwide39. Additionally, electricity used to recharge electric vehicles is significantly cheaper than fuels used in traditional internal combustion counterparts throughout their lifecycle40. The City must also prepare its infrastructure to meet the demands of a changing auto industry, which is rapidly deploying electric vehicles41. Installing appropriate EV charging station infrastructure to accommodate a transitioning market to electric vehicles is important to modernization, growth and resilience42. That being the case, the City will also explore renewable energy installations as an option for powering the City's EV charging stations, as this will support clean energy production in the event of a grid outage. Figure 29. Electric vehicle (E0 charging stations. 38 Source: https://www.greenbiz.com/article/pace-corporate-electric-fleet-commitments-picking 39 Source: https://www.govtech.com/fs/transportation/Scores-of-Cities-Counties-Commit-to-Electric-Fleet-Future.html 40 Source: https://www.energy.gov/eere/electricvehicles/saving-fuel-and-vehicle-costs 41 Source: https://mashable.com/2017/10/03/electric-car-development-plans-ford-gm/ 42 Source: https://www.govtech.com/fs/infrastructure/Strong-Growth-Expected-in-EV-Charging-Stations.html 53 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 15 Continue to support, maintain and expand appropriate infrastructure along portions of the East Coast Greenway Trail that runs through the City along North Atlantic Ave. and SR A1A. Purpose: This target is in line with the City's Vision Statement of becoming a bikeable and walkable community. It also allows for increased ecotourism and alternative transportation that is non- polluting and environmentally friendly. Implementation Period: Current (c). Implementation Strategy: An awareness campaign should be developed to include the trail and its amenities via a distributable map highlighting the trails route through the City. Further enhancements can include the installation of bike fix -it stations, bike racks, protected bike lanes, expanded sidewalks and pocket parks such as Wagner and the future Galactic, each of which run adjacent to the trail along North Atlantic Ave. Measure of Success: Success will be determined by increased engagement and public awareness of the trail. The City will also identify and map amenities along the trail's route for public distribution. The trail should include at least three bike fix -it stations and have access to at least five bike racks. PREPAREDNESS TARGET 16 Research and scope micromobility options for the City to increase transportation accessibility in and around the Community. Purpose: Micromobility is a category of light -weight transportation designed for individual use on trips of five miles or less. Micromobility usually incorporates transportation methods that include e- bikes, e-scooters, traditional bicycles, cargo bicycles and door-to-door ride sharing services for those of all ages and abilities. These services can allow for those who do not have access to an automobile the ability to be better connected to basic services, increased food security and access to local government. Implementation Period: 5 years. Implementation Strategy: Staff will evaluate micromobility options deployed in other municipalities to try and identify commonalties in terms of needs and use. Areas most in need of more accessible transportation will be identified within the Community, and services reviewed that can effectively and equitably increase access to local basic services (i.e. supermarkets, community centers, government facilities, healthcare facilities, etc.) at little to no cost for users. Measure of Success: Success will be determined by Staff's ability to identify effective and fiscally appropriate micromobility services that can be deployed within the City that can make a meaningful difference in transportation accessibility. At least three (3) options should be identified for consideration. 54 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 17 Establish a kayak trail along the City's lagoon shoreline to connect Banana River, Manatee Sanctuary, Long Point and Center Street Parks. Once established and if feasible, explore a partnership and connectivity with the proposed port -located aquarium project via the Brevard Zoo and points south into the City of Cocoa Beach. Purpose: To expand ecotourism attractions in the City while also allowing for alternative modes of transportation for residents and visitors that is non-polluting and environmentally friendly. Implementation Period: 5 years (for City -owned property; Port Canaveral and City of Cocoa Beach connection would be TBD). Implementation Strategy: The City should explore grants as a funding source and determine feasibility in regard to sites appropriate for installation. If established, the City should promote the trail and its benefits through a social media campaign, community outreach and signage. The Brevard Zoo should also be engaged in this process as they will be responsible for the future port -located aquarium, the northernmost point along the proposed trail. Docks at each park should be made to withstand extreme weather conditions, should be made from sustainably sourced materials and be ADA compliant; where feasible. Measure of Success: Success will be determined by the City's ability to establish additional kayak trails. At a minimum the City should strive to construct two more kayak accessible docks at Long Point and Manatee Sanctuary Parks within the five year implementation period. PREPAREDNESS TARGET 18 Ensure all City facilities are universally EV accessible. Purpose: Ensuring each City facility is universally EV accessible will not only support EV use in the Community but it will allow the City to continue building the infrastructure necessary for EV fleet deployment. This will increase the fleet's resiliency, as these charging stations will allow the City to run independently during storm operations or when traditional fuel maybe in limited supply. Even in an outage, these charging stations can become grid independent if they are connected to renewable energy systems and batteries. This also supports Target 19. Implementation Period: 5 years. Implementation Strategy: Renewable energy systems that aid in powering each charging station should be considered, especially in locations where existing electrical lines may not be feasible for connection. Of the remaining City facilities that are not EV accessible, appropriate locations should be evaluated for feasibility. Future charging stations should also be "smart" in that they can digitally inform Staff how much they are being used and enable payment abilities. Measure of Success: Success will be determined by feasibility and appropriateness of site placement based on the remaining City facilities without EV accessibility. At a minimum, the MGF should be EV accessible as this building has already been designed to accommodate charging stations. 55 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 19 Implement a City vehicle fleet wide carbon dioxide emissions tracking program. Purpose: Having a tracking program for fleet vehicle emissions will allow the City to baseline its transportation emissions load, and allow for a better understanding into which specific vehicles emit the most emissions. Knowing such specifics can allow Staff to better pinpoint vehicles that are the most emissions intensive and in turn better address conversion to cleaner alternative fuels. Implementation Period: 5 years Implementation Strategy: Staff will design and implement a tracking program based on fuel consumption, vehicle make and model and miles driven to determine an emissions portfolio for each individual fleet vehicle. This tracking program will apply to all vehicle types, including alternative fuel - based vehicles. The City could partner with a local university to have the initiative become a student design project to reduce Staff time and resources, while also enriching local awareness and education. Measure of Success: Success will be determined based on whether or not a fleet wide carbon dioxide emissions tracking program can be designed and implemented within 5 years, and also continuously kept up-to-date by Staff. PREPAREDNESS TARGET 20 Work with the Florida Department of Transportation (FDOT) and the Space Coast Transportation Planning Organization (SCTPO) to explore and research innovative policies and technologies that improve vehicular and pedestrian safety along State Road (SR) A1A and implement as feasible and appropriate. Purpose: SR A1A is the City's most traveled thoroughfare and experiences frequent vehicular and pedestrian traffic accidents. The Community considers the road dangerous and unsafe and desires improvements that facilitate pedestrian activity. To this end, the City will continue to work with FDOT and the SCTPO in order to reduce the number of accidents and fulfill the City's Vision for a more walkable and bikeable Community. Such roadway improvements will also allow the City to meet Vision Zero policies that seek to eliminate traffic related deaths and serious injuries. Implementation Period: 15 years. Implementation Strategy: There are multiple ways in which SR A1A can be redeveloped into a safer roadway. All available technology and design solutions should be thoroughly reviewed by all agencies (City, SCTPO, and FDOT). Improvements that include raised medians, solar powered pedestrian crosswalks, roundabouts, protected bike lanes, reduced speed limits and turning lanes should all be considered. Staff will continue to work with agency partners and advocate for roadway designs that prioritize pedestrian activity and safety. Measure of Success: Success should be determined after design or safety modifications are made to SR A1A. Surveys should be conducted to compare pre- and post -modification statistics regarding roadway related accidents, injuries and fatalities. This will be used to support SCTPO's Vision Zero goal of eliminating traffic fatalities and serious injuries. 56 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 21 Ensure all EV charging stations based at City facilities are powered by renewable energy and are made grid -independent through the use of battery storage systems. Purpose: To power EV charging stations with renewable energy so they are grid -independent, self - powered and are not affected by power outages. Grid -independence will make each charging station more resilient and will allow for emissions -free EV infrastructure for residents and City Staff. Implementation Period: 15 years. Implementation Strategy: Review each EV charging station to determine energy requirements and public usage. Appropriate and feasible renewable energy generation methods should be scoped, in conjunction with battery storage options in order to allow for continuous off -grid operation. Solar power should be the primary consideration. Measure of Success: Success will be determined by the ability to transition all City EV charging stations to renewable energy while ensuring 24/7 operation without interruption. PREPAREDNESS TARGET 22 Convert all City fleet vehicles to alternative fueled vehicles. Purpose: Transitioning the City to alternative fuel vehicles for its fleet will allow Cape Canaveral to lower its fuel and maintenance costs, reduce its environmental footprint and increase resilience. Implementation Period: 15 years. Implementation Strategy: As older internal combustion vehicles are retired, alternative fuel vehicles should be researched and procured. Types of alternative fueled vehicles with meaningful emissions reductions include hydrogen, biofuels, hybrids, plug-in hybrid electric vehicles and full electric vehicles (EV). EVs are gaining popularity in the market and their charging infrastructure is being provided by a number of entities. As a member of the Climate Mayors Electric Vehicle Purchasing Collaborative, the City has the opportunity to acquire new EVs at reduced costs. The City should remain a member of the collaborative so as new medium and heavy duty electric vehicles become available, the City is able to add them to its fleet. Measure of Success: Success will be determined by the City's ability to completely transition its vehicle fleet to alternative fuel vehicles within the 15-year implementation period. PREPAREDNESS TARGET 23 Ensure all City bus stops are covered and appropriately illuminated via solar powered lighting. Purpose: Bus shelters with nighttime lighting add an element of safety and security to the Community and help to encourage the use of public transit. Implementation Period: 15 years. Implementation Strategy: The City should conduct a bus shelter audit to determine the number of uncovered bus shelters. Installations should be prioritized based on use frequency. This target can be co -developed with the SCTPO and the Space Coast Transit Authority (SCAT). As with existing City bus shelters, new ones can be acquired via grant programs or simply allocated within the City's annual budget, with the goal of installing at least one bus shelter per year. 57 Resilient Cape Canaveral Action Plan (2021) Measure of Success: Success will be determined on the ability to install and maintain covered bus shelters at all City bus stops within the 15-year implementation period. PREPAREDNESS TARGET 24 Where feasible, transition City roadways to bikeable and walkable Complete Street designs that follow the City's Vision Statement and include the installation of ADA compliant sidewalks. Purpose: Complete Street designs offer increased safety and accessibility for all forms of transportation. If designed properly they can also support stormwater infrastructure via LID, planted medians, and permeable pavement. Implementation Period: 30 years. Implementation Strategy: As City roadways are redeveloped, they should be designed with Complete Street amenities. The City should produce a redevelopment plan that specifically identifies City -owned roadways in most need to replacement, budget requirements and appropriate upgrades; allowing for a methodical planning approach. Measure of Success: Success will be determined by the City's ability to transition streets to Complete Street designs within the 30-year implementation period. 58 Resilient Cape Canaveral Action Plan (2021) N) Action Category 4 Energy Energy production and the systems used for distributing power are critical pieces of infrastructure. Without a steady and consistent flow of electricity, stable Community functions —ranging from communications to emergency services —would not be possible. As the market evolves, energy providers are rapidly transitioning to renewable energy. Wind, solar, geothermal, biomass, hydro, tidal and wave power are all considered renewable forms of energy —and generally less harmful to the environment43. Worldwide, renewable energy capacity quadrupled over the last 10 years, representing $2.6 trillion in investment'. Since 2008, renewable energy generation has nearly doubled in the US, from 382 million megawatt hours to 742 million megawatt hours in 2018. Most of this growth, nearly 90%, came from wind and solar power45. In 2009, solar power in the US produced enough electricity to power 227,983 homes. By 2019, solar energy in the US produced enough electricity to power over 9 million homes, a 40% increase. And, wind power alone now generates enough electricity to power 26 million homes in the US, triple the amount of power it produced in 2009. To date, 139 US cities and 9 states, districts and territories have committed to transitioning to 100% renewable energy by 2050. Much of this transition is due to technological advances in renewables, which have drastically decreased in costs when compared to traditional forms of energy like coal and nuclear48. The COVID-19 pandemic accelerated this transition with a record drop in petroleum demand across the world due to lockdowns and travel restrictions, forcing many oil and gas companies to diversify and invest in renewable energy developments. An example is BP, which in August 2020 announced it would reduce its oil and gas production by 40% and invest $5 billion per year into low carbon technology by 2030 to build at least 50 gigawatts of renewables49. This slump in fossil fuel demand has allowed renewable energy to rise significantly, now accounting for over 20% of the US energy grid50. This is more electricity share than coal production, which accounted 17.1% of generation51. 43 Source: https://www.ucsusa.org/energy/renewable-energy 44 Source: https://insideclimatenews.org/news/06092019/renewable-energy-global-growth-climate-change-goals-unep-global-trends-bnef 45 Source: https://www.eia.gov/todayinenergy/detail.php?id=38752 46 Source: https://environmentamerica.org/sites/environment/files/reports/Renewables-On-The-Rise/FRG-AME Renewables-On-The- Rise 2019 v1a.pdf 47 Source: https://www.sierraclub.org/ready-for-100/commitments 48 Source: https://www.prescouter.com/2019/04/2018-was-a-record-year-for-renewable-energy-2019-could-be-the-same/ 49 Source: https://www.greentechmedia.com/articles/read/bp-to-invest-5b-a-year-on-low-carbon-and-cut-fossil-fuel-output-by-40-percent- by-2030 50 Source: https://www.nytimes.com/2020/04/07/business/energy-environment/coronavirus-oil-wind-solar-energy.html 51 Source: https://ieefa.org/renewables-beat-coal-in-u-s-power-generation-in-q1-2020/ 59 Resilient Cape Canaveral Action Plan (2021) Energy storage systems, such as battery backups, are also an important component of renewable energy. Recent price drops and increased capacity have allowed battery storage systems to become cost competitive for both residential and utility scale usage52. When combined with energy storage systems, renewables can offer a measure of resilience not possible with fossil fuels. Grid independence allows for decreased utility costs, power assurance and increased energy security, as electricity can be made onsite and stored for clean and continuous operations. On average, power outages cost the US economy $150 billion annually, with 87% of outages attributed to severe weather events such as hurricanes53. As a barrier island, Cape Canaveral is vulnerable to hurricanes and power outages. Incoming transmission lines are generally above ground and are susceptible to high winds and intense wave action. Renewable power in conjunction with energy storage systems will allow the City to safely and reliably maintain operations during outages and severe weather events for effective management during pre- and post -storm periods. 52 Source: https://about.bnef.com/blog/battery-powers-latest-plunge-costs-threatens-coal-gas/ 53 Source: https://www.kohlerpower.com/home/common/pdf/RES Infographic.pdf 60 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 25 Work with Florida Power and Light (FPL), industry experts and local universities to develop and implement smart and microgrid technologies where feasible. Purpose: Implementing smart and microgrid technologies across the City's built environment and facilities will help to increase energy efficiency, reduce utility costs and increase resiliency. Smart and microgrid technologies can allow for intelligent energy management independent of human input and can allow for increased renewable capacity by allowing "islanding", where a building and its energy systems can safely be grid -independent for prolonged periods of time. Implementation Period: 5 years. Implementation Strategy: This target should be researched and scoped in conjunction with FPL and, if possible, local university assistance from entities such as the Florida Institute of Technology or the Florida Solar Energy Center. Explore grants from the state and federal government for funding and implementing upgrades. As new City buildings are constructed or redeveloped, smart and microgrid technologies should be reviewed before construction for feasibility and effectiveness. Measure of Success: Success will be determined by the availability of smart or microgrid systems via research with coordinating partners. If grant opportunities present themselves they should be capitalized upon to expedite system installation. PREPAREDNESS TARGET 26 Transition each of the City's mobile fuel -based light towers and generator units to electric, solar or wind powered equivalents. Purpose: To achieve cleaner and quieter operations at City events and in post -disaster situations, while also significantly reducing or eliminating the need for traditional fueling requirements. Implementation Period: 5 years. Implementation Strategy: Inventory the City's current mobile light towers and generator units so that appropriate renewable substitutes can be researched and procured. Solar power should be a priority given its consistent availability in the region. Measure of Success: Success will be determined by the City's ability to convert each of its mobile light towers and generator units to renewable alternatives within the 5-year implementation period. 61 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 27 Strive to become a SolSmart Program member with a "Gold" rating by encouraging solar use and providing resources to residents to make solar more affordable and easier to acquire. Purpose: SolSmart is "a national designation program that recognizes cities, counties and regional organizations that foster the development of mature local solar markets". Becoming a designated SolSmart City will help the community become solar ready and allow for more resources to become available to residents and business owners through a streamlining of solar policies, no -cost technical assistance and access to local solar markets. Obtaining the designation could also attract clean energy businesses to locate in the City. Implementation Period: 5 years. Implementation Strategy: Create a list of City solar policies, projects and initiatives. Based on this list, no -cost technical assistance can then be obtained through SolSmart representatives in order to pinpoint solar ready policy changes that support the qualifications necessary to achieve a "Gold" rating in the City. Measure of Success: Success will be determined by the City's ability to achieve a "Gold" SolSmart Program rating within the 5-year implementation period. The City can choose to incrementally achieve this Target, opting to first receive a "Bronze" rating —the lowest level of achievement —then a "Silver" rating, then "Gold", the final achievement level within the program. PREPAREDNESS TARGET 28 Work with FPL and other partners to research and scope a utility scale battery storage facility to deliver emergency power or peak operations City-wide. Purpose: Large public and private utilities —including FPL—are adding these systems to their operations in an effort to increase grid resilience and stability while reducing emissions. Battery storage systems of appropriate size can help reduce outage times and lower energy costs by coming online during peak hours and offsetting grid consumption. These systems can maintain a small footprint, are noiseless and have zero onsite emissions. Implementation Period: 5 years. Implementation Strategy: This target is not directly calling for the implementation of a utility scale battery storage system, but rather its research and development in order to determine if a system is feasible. City Staff should consult with FPL and various industry partners to scope possible battery systems. The end result should be a completed feasibility and financial assessment. Measure of Success: Determine feasibility and conduct a financial assessment highlighting how a utility scale battery storage system could be implemented in the City of Cape Canaveral. 62 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 29 Convert at least 50% of the City's streetlights to solar power by 2035; while also working to convert 100% of the City's streetlights to solar power by 2050. Purpose: Grid -independent solar powered street lighting can offer the City reduced energy costs, lower emissions and increased resilience. Implementation Period: 15 years. Implementation Strategy: An implementation strategy should be developed to facilitate installation. Factors should include which roadways are most utilized, lighting needs based on turtle regulations and existing lights most vulnerable to disasters. Self -powered solar lights should be installed on a street by street basis with a specific replacement goal per year. The City should also investigate non - energy reliant traffic control measures, such as roundabouts and speed humps. Measure of Success: Success will be determined by the City's ability to convert 50% of its street lights by 2035 and 100% by 2050. PREPAREDNESS TARGET 30 Ensure that all 12 City lift stations have backup power from renewable sources for at least 96 hours of grid -independent operations, complimenting existing diesel assets if necessary. Purpose: Lift stations are vital infrastructure designed to move wastewater. Ensuring that each of the City's lift stations have renewable backup power sources is key to maintaining lift station operations in the event of a power outage. Power loss at any given lift station can cause wastewater backups, loss of pressure and flooding of surrounding areas. Renewable power systems, when combined with a battery storage backup, can run indefinitely without relying on traditional energy sources such as diesel fuel. Implementation Period: 15 years. Implementation Strategy: Prioritize lift stations that require backup power —since not all lift stations have emergency power capabilities —and transition from a diesel generator to a renewable system. Begin a systematic upgrade of each lift station based upon need and which renewable system would work best for which station. Solar and small-scale wind systems are likely the most practical renewable generation methods. Lift stations slated for upgrade or redevelopment should be transitioned first. Outreach to other cities that have already completed such systems should be conducted. Measure of Success: Success will be determined by the City's ability to transition and/or upgrade all 12 City lift stations to renewable emergency power sources that last for up to 96 hours in the event of an outage. 63 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 31 Convert all City facilities to run off of renewable energy with associated battery storage systems. Purpose: Ensuring that City facilities can generate their own power during normal operations and during emergency operations through renewable energy (and associated battery storage systems) will enable efficient operations, lower utility costs and increased resilience. This target will also allow the City to lower its municipal operational greenhouse gas emissions, which as of 2019 stand at 1,324 metric tons of carbon dioxide equivalent (CO2e) according to the City's first ever municipal operations greenhouse gas emissions inventory, which was developed in early 2021 via the Audubon Florida + R2C Climate Cohort in conjunction with the ECFRPC and ICLEI — Local Governments for Sustainability USA. According to the EPA's Greenhouse Gas Equivalencies Calculator, this is value is equivalent to 1,463,395 pounds of coal burned or 159 homes' energy use for a single year. Implementation Period: 15 years. Implementation Strategy: Each facility should be properly scoped for appropriate renewable energy systems. Solar and small-scale wind installations are the most applicable given Cape Canaveral's location. Other considerations include building size, roof square footage and site shading. Facilities that are being constructed or redeveloped should be given priority when implementing renewable energy and battery storage systems. Numerous grant opportunities exists for the research, development and installation of such system and should be actively investigated before facility conversion. Measure of Success: Success should be determined by the City's ability to ensure facilities: have a renewable energy and battery storage system; can efficiently and consistently maintain power each day during normal operations; and in the event of power outages. PREPAREDNESS TARGET 32 Transition the City to renewable energy sources. Purpose: Transitioning the entire City to renewable energy by 2050 is ambitious, but this has the potential to greatly improve the overall health and wellbeing of residents and the environment. Implementation Period: 30 years. Implementation Strategy: The ultimate goal is to power the City's facilities with renewable power by 2050. The Community should also work to transition to renewable sources. Since utility scale solar systems are rapidly being added to FPL's energy portfolio, the City should actively seek to ensure its Community members receive power from these utility scale solar systems through continued lobbying and discussions with FPL, new energy purchasing programs or legislation. It is important to note that with this target the City does not intend to become a provider of electricity, but rather seek to source its electricity in the cleanest possible manner from its utility provider. Measure of Success: Success will be determined by the City's ability to receive 100% of its energy from clean, renewable sources with zero emissions by the designated implementation period. 64 Resilient Cape Canaveral Action Plan (2021) 0) Action Category 5 Built Environment According to the US Environmental Protection Agency (EPA), the built environment is anything that provides people with living, working and recreational spaces54. As spaces are developed, energy and water use increase. In a community that is over 90% built out, the City can profoundly influence its built environment through innovative and sustainable land use policies that support redevelopment that is resilient. Sustainable buildings are the framework for enhanced community resilience, and transforming the way buildings and communities are designed and built can help ensure a more resilient future for all. Because Florida is ground zero for seal -level rise, coastal communities must lead efforts that aim to mitigate the effects of natural disasters. Updates that include a built environment that is storm and flood ready will reduce impacts to the built environment and those who occupy it. With this in mind, the City will continue to engage regional partners and explore policy changes that make Cape Canaveral's built environment more resilient. Figure 30. Aerial view of Cape Canaveral with the Banana River Lagoon on the west and the Atlantic Ocean on the east. 54 Source: https://www.epa.gov/smm/basic-information-about-built-environment 65 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 33 Develop policies that are in line with Peril of Flood (SB 1094) legislation that discourages increase building density in the 100-year floodplain, the Coastal Construction Control Line (CCCL), areas vulnerable to at least a Category 2 storm surge and the 2070 USACE High Projection Rate Curve for sea level rise. Purpose: To comply with the Peril of Flood legislation, which requires local governments to address development and redevelopment strategies to reduce flood risk. Implementation Period: Current (c). Implementation Strategy: Staff will work with the ECFRPC to secure technical guidance and grant funding through various sources in order to develop updates to the City's Comprehensive Plan and Code of Ordinances. Measure of Success: Success will be measured by the City's ability to adopt meaningful policy changes to its Comprehensive Plan and Code of Ordinances that comply with SB 1094. PREPAREDNESS TARGET 34 Explore amendments to the City Code that would allow for elevated or floodable development with living spaces that are higher off the ground55. Purpose: According to the City's Vulnerability Assessment, storm surge and flooding will be exacerbated by sea level rise; putting considerable amounts of the built environment at risk for prolonged periods of inundation. Residents and business owners must be educated on opportunities that allow them to develop floodable or elevated structures which aim to reduce flooding risks and impacts to life and property. Implementation Period: 5 years. Implementation Strategy: Staff will gather examples of case studies and ordinances that incorporate floodable or elevated building techniques. Materials will be shared with the Community via digital outreach or workshops. Measure of Success: Success will be measured by Staff's ability to compile examples of building techniques and ordinances that showcase innovative built environment solutions to flooding and sea level rise. 55 Source: https://therealdeal.com/miami/2018/12/21/in-miami-beach-buyers-and-builders-turn-to-elevated-homes-amid-rising-concerns- of-floods/ 66 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 35 Explore amendments to the City Code of Ordnances that require more stormwater retention onsite. Purpose: Increased stormwater retention onsite can reduce stormwater runoff through LID techniques. Onsite retention allows stormwater to naturally percolate into the soil and be filtered or to be evaporated without contributing to harmful runoff. Implementation Period: 5 years. Implementation Strategy: Staff will prepare Code amendments that seek to increase onsite stormwater retention for individual properties. Measure of Success: Success will be measured by the adoption of these amendments which require increased onsite stormwater retention. PREPAREDNESS TARGET 36 Ensure all City facilities have the ability to capture rainwater or stormwater for reuse through best management practices that include: stormwater chambers, rain barrels or green roofs. Purpose: Capturing rainwater and stormwater for reuse can help reduce harmful runoff that negatively impacts the lagoon system. This can also help to reduce the risk of flooding since onsite retention can lessen the chances of stormwater systems being overwhelmed. These systems also reduce water consumption as collected rainwater and stormwater can be used in applications such as irrigation. Implementation Period: 15 years. Implementation Strategy: As new City buildings are scoped, built, or redeveloped ensure that low impact stormwater strategies are used to eliminate harmful discharges into the BRL. The Code of Ordinances currently allows the use of LEED equivalent design, however the stormwater requirements in the City's Code should also be evaluated and improved. Measure of Success: Success should be measured on the City's ability to include innovative LID techniques as a means of stormwater management. The City should document such improvements and make them available via the City's website. 67 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 37 At least 25% of all new City roads, parking lots and sidewalks square footage should be permeable. Purpose: Permeable surfaces are better at managing stormwater since they allow water to percolate and filter out pollutants. Traditional paved surfaces (i.e. asphalt) do not allow for water to flow through them which results in runoff. This means unfiltered pollutants are channeled into storm drains, which flow into the Lagoon. Increasing permeable surfaces will support a more natural system that also recharges the water table. Implementation Period: 30 years. Implementation Strategy: As new City roads, parking lots and sidewalks are scoped, replaced, or built, low impact stormwater strategies such as permeable surfaces should be explored. The City must first determine approximate measurements for roads, parking lots and sidewalks. Once a baseline has been established, the City should increase permeable surfaces based on feasibility and costs. Products should also be evaluated based on maintainability before implementation. Measure of Success: Success will be determined by the City's ability to increase permeable surfaces to 25% within the target's date. PREPAREDNESS TARGET 38 Ensure that all City owned buildings are at least LEED Silver equivalent upon new construction or redevelopment. Purpose: LEED certification is a program by the USGBC that encourages and "assesses building design and construction in terms of energy efficiency, water usage, air quality and choice of building materials as well as environmental factors such as access to public transportation and responsible land use". While LEED certification can be costly, program design and construction requirements are publicly available and can be achieved for free. With this in mind, all future City owned buildings should be built to LEED certification equivalence. Implementation Period: 30 years. Implementation Strategy: As City buildings are built or redeveloped, LEED equivalency should be used along with other more innovative technologies that increase building and energy efficiency. Measure of Success: Success will be determined by the City's ability to scope and ensure all new or redeveloped City buildings achieve LEED equivalency. 68 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 39 Ensure all City facilities are net zero or energy positive upon new construction or redevelopment. Purpose: A net zero building produces the same amount of energy it consumes. An energy positive building produces more energy than what it consumes56. This allows a building to reduce its utility costs with reduced electricity consumption through more efficient heating and cooling systems. These systems also lower emissions and are more resilient since they are typically power grid - independent. Total building and facilities emissions calculated via the City's first ever municipal operations greenhouse gas emissions inventory stand at 1,105 metric tons of CO2e as of 2019. According to the EPA's Greenhouse Gas Equivalencies Calculator, this is value is equivalent to 1,221,338 pounds of coal burned or 133 homes' energy use for a single year. Implementation Period: 30 years. Implementation Strategy: Buildings can achieve net zero or energy positive status through energy efficiency upgrades, battery storage systems and renewable energy generation installations. Each City facility should be reviewed in order to determine what renewable energy systems are best suited for its design and load requirements. Energy efficiency upgrades such as smart thermostats, LED lighting, variable speed drive air compressor air conditioning and heat pumps can be utilized to reduce energy demands. Design reviews can occur in conjunction with both private and public partners, including university researchers or consultants. Measure of Success: If facilities become net zero or energy positive, audits should take place to monitor electricity demands after upgrades have occurred to see if the structures are either using the same amount of power they are producing or if they are producing more than they need to confirm either a net zero or energy positive status. Staff should also utilize results from the City's 2021 municipal operations greenhouse gas emissions inventory as a determinant of success regarding future emissions reductions in buildings and facilities related to energy efficiency and renewable energy improvements. 56 Sources: https://thegrid.rexel.com/en-us/knowledge/energy-efficiency/w/wiki/81/achieving-net-zero-energy-or-net-positive-energy- building-operation 69 Resilient Cape Canaveral Action Plan (2021) P) Action Category 6 Equity and Quality of Life In order to better position the City of Cape Canaveral, it is important to recognize that climate change is likely to impact those in the Community who are lower -income, older, and will have a reduced capacity for adaptation. That being the case, the City wishes to create an environment that is responsive, socially connected, and can meet numerous goals while improving emergency management and reducing environmental impacts. As part of the City of Cape Canaveral's larger sustainability efforts, working to create balance between the built and natural environment is critical to the Community. The built environment includes all physical aspects of where a person lives —neighborhood characteristics, parks, land use and infrastructure all have profound impacts on quality of life. Overall, the City strives to be more resilient and equitable for all ages. AARP approaches the subject of quality of life through their Network of Age -Friendly States and Communities, and upholds the 8 Domains of Livability developed by the World Health Organization (WHO). AARP's framework includes: (1) outdoor space and buildings; (2) transportation; (3) housing; (4) social participation; (5) respect and social inclusion; (6) civic participation and employment; (7) communication and information; and (8) community and health services. Similarly, the Urban Sustainability Directors Network (USDN), approaches quality of life and equity through community -centered planning process that can maximize the benefits of climate preparedness action among lower -income populations and vulnerable communities. Not to be confused with emergency preparedness, equity driven resilience is the ability for a community to enjoy a high quality of life with reliable systems, economic vitality and the conservation of resources through root causes that persists in society. Equitable, community -driven climate preparedness planning framework has several benefits because it can play an important role in developing policies and solutions that address community vulnerability and build climate resilience. Actions, like those listed in this document aim to: provide actions to reduce hazard risks, improve assistance after climate hazards, help communities adapt to changing conditions and reduce social inequalities. As the City plans ahead, it will continue to seek solutions that build community resilience through hazard preparedness and climate change adaptation. In the end, the goal is to produce solutions that approach potential changes through holistic and comprehensive planning. 70 Resilient Cape Canaveral Action Plan (2021) Figure 31. Community sea oats planting event, 2019. 71 Resilient Cape Canaveral Action Plan (2021) Figure 32. Kairos Community Garden event, 2019. PREPAREDNESS TARGET 40 Maintain monthly workshop series for residents to engage with Staff and various experts in regard to the environment, resiliency and local initiatives that may affect the City. Purpose: Communication of environmental issues and new ideas is an important aspect of sustainability and preparedness. With this in mind, it is important to continue to inform residents of the challenges the City faces and the initiatives being undertaken as a result. Implementation Period: Current (c). Implementation Strategy: Continue monthly workshops as a communication method to engage residents and business owners on the City's environmental initiatives. This series should also be a bridge for other City sponsored outreach programs and documents that empower and help individuals boost their own access to sustainable and resilient initiatives such as native trees plantings, at-home EV charging stations, energy efficiency resources, home gardening, etc. Measure of Success: Success will be determined by the City's ability to maintain a monthly workshop schedule and show increased engagement on environmental initiatives. 72 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 41 Continue to maintain and promote the City's Kairos Community Garden while ensuring resources such as water and electricity are self-sustaining. Purpose: The garden is meant to serve the Community by providing an opportunity for gardeners to strengthen community ties while providing access to nutritional foods some may not otherwise have. Implementation Period: Current (c). Implementation Strategy: Continue to empower residents to be environmental stewards and provide resources and support for community garden needs. Measure of Success: Success will be measured by garden participation/member retention and the ability of the garden to become self-sufficient without relying on external resources. PREPAREDNESS TARGET 42 Develop an action plan that is in line with the World Health Organization's Global Network of Age - Friendly Cities and Communities' eight domains of livability. The domains are used as a framework for policy discussions for members of AARP's Network of Age -Friendly Communities. The domains provide a centralized source for information, examples and strategies about programs and policies that work to help communities become more livable places for all ages. Purpose: As we look to the future, the City must develop and pursue goals that make the City of Cape Canaveral a better place to live. With the completion of the 2018 Community Survey, the Resilient Cape Canaveral vulnerability assessment and a number of completed sustainability projects, the City will use this Plan to determine goals and appropriate timeframes that are in line with AARP's 8 Domains of Livability and the City's overall resiliency. Implementation Period: 5 years. Implementation Strategy: Continue to engage AARP representatives and build relationships that allow the City to use AARP as a resource to help develop initiatives and pursue effective strategies during the Planning, Implementation and Evaluation phases of the age -friendly communities process. Measure of Success: Because the development of an action plan is part of the AARP Network of Age -Friendly Communities membership, completion of this plan will be considered a measure of success. Following this, the City will have 5 years to implement parts of the plan and provide updates on successes and best practices. 73 Resilient Cape Canaveral Action Plan (2021) Q) Action Category 7 Waste and Consumption The US and by extension, the world, is facing a waste crisis. Since the 1950s, 8.3 billion tons of plastic have been produced, but only 9% has been recycled. Twelve percent has been incinerated and 79% is either in a landfill or littered in the environments' If current trends continue, 3.7 billion tons of plastic will have been produced by 2050, which could lead to more plastic material in the ocean by weight than fish58. Each year, over 2 billion metric tons of solid waste is produced globally. This is enough to fill 800,000 Olympic sized swimming pools59. The US currently has a national recycling rate of about 35%60, making it the only developed nation where waste generation outweighs its ability to recycle. The average American produces 1,704 pounds of waste per year; three times the average Chinese citizen61 Recently (2018), China —America's number one importer of recyclable goods since the 1990s—instituted new contamination restrictions for all incoming recycled materials. These requirements have been difficult for the US to meet.62 As a result, recycling providers in the US have raised prices and have a surplus of materials with nowhere to go. This has led many private and public entities to either constrain or eliminate recycling programs altogether. One of the easiest and most effective ways in which to reduce waste pollution is to simply stop using unsustainable and unrecyclable materials. According to a 2019 waste stream audit from WastePro—the City's primary waste contractor —Cape Canaveral's recycling contamination rate is 35%, meaning 35% of all materials produced by the City meant for recycling are contaminated with items that cannot be recycled. This Action Category is designed to help reduce waste produced from City operations, improve recycling contamination rates and decrease the amount going to landfills. 57 Source: https://advances.sciencemag.org/content/3/7/e1700782 58 Source: http://www3.weforum.org/docs/WEF The New Plastics Economy.pdf 59 Source: https://www.worldbank.org/en/news/press-release/2018/09/20/global-waste-to-grow-by-70-percent-by-2050-unless-urgent- action-is-taken-world-bank-report 60 Source: https://resource-recycling.com/recycling/2018/07/30/national-statistics-show-stagnant-u-s-diversion-rate/ 61 Source: https://www.circularonline.co.uk/wp-content/uploads/2019/07Verisk Maplecroft Waste Generation Index Overview 2019.pdf 62 Source: https://e360.yale.edu/features/piling-up-how-chinas-ban-on-importing-waste-has-stalled-global-recycling 74 Resilient Cape Canaveral Action Plan (2021) Figure 33. Waste processing facility showing piles of corrugated cardboard, Brevard County. Figure 34. Waste processing facility showing crushed aluminum cans, Brevard County. 75 Resilient Cape Canaveral Action Plan (2021) Figure 35. Waste processing facility showing compressed laundry bottles (left) and staff sorting non -recyclable or contaminated materials (right), Brevard County. PREPAREDNESS TARGET 43 Eliminate single -use plastics and polystyrene within City operations where appropriate and feasible and instead switch to reusable and eco-friendly alternatives. Vendors would be asked to participate by declining to sell and distribute single -use plastics and polystyrene at City events. Purpose: Eliminating single -use plastics and polystyrene will help the City to reduce one of the most unsustainable waste streams while also decreasing plastic pollution within the environment63. Implementation Period: 5 years. Implementation Strategy: First, determine which single -use plastic and polystyrene items are currently used by City Staff, and which are appropriate to switch to reusable, recyclable or compostable alternatives. Once a feasibility study has been completed, specific items can be selected and removed from circulation in favor of alternatives. Measure of Success: Success will be determined by the City's ability to decrease the use of single - use plastics and polystyrene within the target's 5-year implementation period. 63 Source: https://www.nationalgeographic.com/magazine/2018/06/plastic-planet-waste-pollution-trash-crisis/ 76 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 44 Consider a feasibility study that determines the logistics and scope of a City-wide single -use plastics and polystyrene ban. Purpose: Single -use plastics and polystyrene are unsustainable and are often non -recyclable items that have large and long lasting environmental impacts. They typically break down —but never degrade —into small pieces called microplastics, which can be ingested by humans and wildlife which can result in adverse health conditions64. Implementation Period: 5 years. Implementation Strategy: A feasibility study should be conducted to identify impacts, how implementation would affect business operations and what appropriate alternatives exist. Discussions of a single -use plastics ban would include City Staff, residents, business leaders, as well as local organizations that specialize in waste reduction and environmental stewardship. Measure of Success: Target success will be based on whether or not a feasibility study is conducted and results are formulated into a report that can be submitted to the City Council for review and consideration in order to take whatever course of action is deemed appropriate by the study's conclusions. PREPAREDNESS TARGET 45 Increase educational signage at all City facilities and beach crossovers that promote litter awareness and proper recycling. Purpose: Increasing public awareness of proper recycling habits and waste disposal methods can reduce the amount of litter in the environment and the City's recycling contamination rate. Implementation Period: 5 years. Implementation Strategy: Educational signage should be placed at City facilities that are frequented by Community members and visitors, including beach crossovers and parks. Signage should display messages and infographics that allow for quick and easy understanding. Measure of Success: Success will be determined by the City's ability to display up-to-date educational signage relating to recycling and proper waste disposal at all City facilities frequented by the public. Locations should include City Hall, the MGF, the CAPE Center, beach crossovers, public parks, the Cape Canaveral Public Library, the Cape Canaveral Leisure Services and various other City facilities. 64 Source: https://oceanservice.noaa.gov/facts/microplastics.html 77 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 46 Develop a pilot program to recycle cigarette butt litter while increasing the amount of cigarette receptacles within the City to 100 units. Purpose: Cigarette butts are one of the most littered items on the planet. Once in the environment they can: leach harmful chemicals; be ingested by wildlife; and become a fire hazard65. Collecting these butts with appropriate receptacles and recycling their plastic filters can help reduce the City's environmental footprint but also keep waste out of landfills and turn that waste into usable goods. Implementation Period: 5 years. Implementation Strategy: The City has already acquired 50 lockable, metal cigarette receptacles from the Connecticut -based nonprofit Keep America Beautiful through their annual giveaway program in which they donate up to 10,000 units to US cities. The City should continue to apply for this annual donation and strive to have at least 100 receptacles installed within the next 5 years. The City can utilize TerraCycle in order to recycle collected butts, a New Jersey -based recycling company that specializes in cigarette butt recycling at no cost to program participants. Measure of Success: Success will be determined by the City's ability have at least 100 cigarette butt receptacles installed and if the contents are successfully recycled into usable items. Statistics showcasing how many butts the City has collected and recycled are available to program participants via TerraCycle. PREPAREDNESS TARGET 47 Establish a City-wide composting program for residents and business. Purpose: According to the US Department of Agriculture, the average American wastes 225 to 290 pounds (20%) of food each year. Most of this waste is fruits and vegetables66. Offering a composting program to include composting bins designed for small scale residential use through a public -private partnership would help to reduce the City's overall food waste, keep materials out of landfills and allow for increased organic matter that can help with household gardening. Implementation Period: 5 years. Implementation Strategy: The City should determine an appropriate and financially feasible number of small scale composting bins that can be distributed each year. Acquisition of composting bins should be sought through local organizations, private donations or through available grants. A document outlining how to compost should also be developed and distributed with each composting bin. Composting bins should be no larger than 50 gallons and should be properly secured to avoid unwanted pests. Measure of Success: Success will be determined by participation (at least 10 residents in year one) and if there is growth in the program each year after inception. 65 Source: https://theconversation.com/cigarette-butts-are-the-forgotten-plastic-pollution-and-they-could-be-killing-our-plants-119958 66 Source: https://www.forbes.com/sites/christinatroitino/2018/04/23/americans-waste-about-a-pound-of-food-a-day-usda-study- find s/#5eea7a454ec3 78 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 48 Decrease the City's recycling contamination rate from 35% to 10% or less. Purpose: Recyclable items that are contaminated with food, liquid or non -recyclable materials are often taken to landfills. Decreasing the amount of contamination within the City's recycling stream can help to reduce waste and ensure that reusable materials are kept in circulation. Implementation Period: 15 years. Implementation Strategy: In concert with the City's solid waste contractor, improved signage installations and educational campaigns should be created to raise awareness about proper recycling practices. New recycling receptacles with designs to aid in proper recycling should be present at City facilities to appropriately inform users of which items are recyclable. Measure of Success: Regular waste audits will be conducted by the City's primary waste contractor — currently Waste Pro —until the targeted contamination rate of 10% is reached. PREPAREDNESS TARGET 49 Significantly minimize waste for all City operations and facilities by 2050. Purpose: Decreasing waste will help to improve the quality of both the natural and built environments by reducing the City's carbon footprint and creating economic efficiency. Implementation Period: 30 years. Implementation Strategy: Waste should be defined as any materials that are generally sent to landfills. City operations and facilities must work to utilize compostable, recyclable or long lasting reusable materials that increase product life cycles. Construction activities associated with City facilities should also be considered in this goal, ensuring all usable materials are repurposed and reused. Measure of Success: Success can be measured by beginning to track and catalog City waste operations. A baseline should be set to establish a starting point and the City should work to decrease its consumption by 20% every year. By 2050 such measurements should showcase a significant decrease in materials going to landfills. 79 Resilient Cape Canaveral Action Plan (2021) R) Action Category 8 Storm Readiness and Sea Level Rise The risks associated with flooding, tropical cyclones and sea level rise are examined in the City's Vulnerability Assessment. In the coming years, the City will likely face higher temperatures, more intense storms, and rising sea levels that will impact the efficiency of municipal operations. According to the Assessment, by 2040, the City could see up to 1.85 feet of sea level rise, and by 2100, it could see between 5.15 and 8.48 feet of sea level rise. This Action Category focuses on protecting and reinforcing the resiliency of the City's most critical and vulnerable assets. To appropriately prepare for increased risk and prolonged periods of inundation across the built environment, the City should strengthen its infrastructure and flood protection measures to accommodate a minimum of 5.15 feet of sea level rise by 2100. Moving forward, City leaders should continue to stay apprised of new sea level rise projections released by official accredited scientific sources. 2040 Hazard Zone 2070 Hazard Zone 2100 Hazard Zone 2040 -1.85 feet sea level rise 2070 - 4.47 feet sea level rise 2100 - 8.48 feet sea level rise Figure 36. USACE Sea Level Rise High Curve Projections, 5.15-foot minimum (left) and NOAA Sea Level Rise High Curve Projections, 8.48-foot minimum (right). 80 Resilient Cape Canaveral Action Plan (2021) Cat 3 with 1.70 foot SLR (2050 USACE) Cat 3 with 2.85 feet SLR (2070 USACE) Cat 3 with 5.15 feet SLR (2100 USACE) Cat 3 with 2.5 feet SLR (2050 NOAA) Cat 3 with 4.5 feet SLR (2070 NOAA) Cat 3 with 8.5 feet SLR (2100 NOAA) Figure 37. Category 3 Storm Surge with USACE High Sea Level Rise Scenarios (left) and Category 3 Storm Surge with NOAA 2017 High Sea Level Rise Projections (right). Figure 38. Flooding from 2017 rain event in Cape Canaveral. 81 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 50 Build at least three (3) new stormwater parks where appropriate and necessary to manage flooding and continue to implement subterranean exfiltration systems as needed for increased storage capacity. Purpose: As rain events become more intense it is important that the City increase its stormwater holding capacity in order to decrease the risk of flooding and reduce runoff. Stormwater parks allow for the capture, holding and passive natural treatment of stormwater while also offering engaging and aesthetically pleasing community environments. Underground exfiltration systems can also help to increase the City's stormwater capacity, especially when traditional stormwater ponds are not appropriate and feasible. Implementation Period: 15 years. Implementation Strategy: Feasibility studies should be conducted that take into account how stormwater projects could be implemented. State and Federal grants relating to municipal resilience and storm readiness should be utilized for project funding if possible. The City must also evaluate areas where more flooding is predicted in the future in order to accommodate increased demand on the stormwater system. Measure of Success: Success will be determined by the City's ability to create three (3) new stormwater parks within the target's designated implementation period. PREPAREDNESS TARGET 51 Pursue a partnership with Brevard County to build a stormwater park with associated amenities such as a perimeter walking trail, benches and water fountains at Cherie Down Park after conveyance of ownership. Purpose: Redevelopment of Cherie Down Park will allow for enhanced sustainability and resiliency. Increasing stormwater capacity can reduce runoff and the risk of flooding. Adequately vegetated areas can also increase local wildlife habitat and Community aesthetics. The area around Cherie Down Park is also expected to be more vulnerable to flooding in the future based on FEMA flood maps and the City's Vulnerability Assessment. Implementation Period: 15 years. Implementation Strategy: Engage Brevard County on its willingness to partner with the City to fulfill both the City's resiliency goals and the ECF RRAP goals which the County adopted in March 2019. Measure of Success: Success will be determined by the City's ability to partner with Brevard County and transform a section of the site into a stormwater park within the target's designated implementation period. 82 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 52 Implement appropriate semi -permanent flood defenses at City facilities for protecting open access points such as doorways and garage doors to replace sandbags. Purpose: Installing flood defenses at City facilities will increase their resilience against anticipated higher flooding rates while also increasing the efficiency of Staff preparedness activities. Replacing sandbags with metal flood barriers, gates, and walls that can be easily removed and installed as needed will allow for more time and effort being diverted to other critical storm preparations. Implementation Period: 15 years. Implementation Strategy: Complete a flooding assessment for each city building to determine feasibility and scope of installing flood defenses at all entryways and exits. Based on the results of this assessment buildings considered to be the most vulnerable will be prioritized and appropriate upgrades undertaken to allow for the installation of flood defenses. Measure of Success: Success will be determined based on whether appropriate flood defenses are installed at City buildings within this Preparedness Target's give timeframe. PREPAREDNESS TARGET 53 Dredge and strengthen the Central/Canaveral Ditch to improve erosion control and increase capacity while creating shoreline stabilization and improved stormwater management. Purpose: The Central/Canaveral Ditch is vulnerable to rain events, and without modifications, this lagoon connected waterway represents a large flood hazard due to storm surge and from sea level rise. Fortifying its banks has the potential to increase holding capacity while also preventing erosion. Additional green infrastructure can provide increased protection as well. Implementation Period: 30 years. Implementation Strategy: A feasibility study should be conducted to determine the best course of action for the Central/Canaveral Ditch. State and Federal grants relating to municipal resilience and storm readiness should be utilized for project funding if possible. Measure of Success: Success will be determined by the City's ability to appropriately retrofit the Central/Canaveral Ditch within the guidelines recommended in this Preparedness Target and if they can be completed within the target's implementation period. 83 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 54 Work with FDOT and the SCTPO to redevelop SR A1A in order to reduce flood risks posed by minimum sea level rise projections (USACE 5.15 feet by 2100) depicted in the Assessment. Purpose: SR A1A is an important component of the City's critical infrastructure, a major socio- economic engine for the region and a vital evacuation route during storm events. Raising roadways will enable SR A1A to be more resilient to storm surge and sea level rise which could otherwise close the road to all forms of transportation activity. Implementation Period: 30 years. Implementation Strategy: The City must continue to engage FDOT and the SCTPO in order to maintain its vision of a complete street design for SR A1A. Design discussions should involve elevating the road in vulnerable sections and increasing low impact development to manage stormwater. All efforts should be made on behalf of the City to see this target realized in a manner that is in the best interest of its residents, visitors and businesses. Measure of Success: Success will be measured by FDOT's ability to redevelopment SR A1A to accommodate minimum sea level rise projections of 5.15 feet within the implementation period. PREPAREDNESS TARGET 55 Research and implement climate -resilient engineering solutions such as wave attenuation devices, sea walls and berms in conjunction with green infrastructure around the perimeter of the City's Water Reclamation Facility. Purpose: The City's WRF is a critical asset, the location of the Public Works Department and City's secondary emergency operations center during emergencies. Due to its proximity to the BRL, it is highly vulnerable to storm surge, sea level rise and coastal erosion. As a result, coastal protections will be vital to City operations. Implementation Period: 30 years. Implementation Strategy: Once feasible flood protections have been determined, State and Federal grants should be pursued for project funding, if possible. Partnerships with local environmental restoration groups should also be considered in the construction of living shorelines along vulnerable areas for further erosion control and shoreline stabilization. The City should also seek to implement a series of low-cost sensor sites along vulnerable waterways designed to measure water heights in order to better determine ongoing environmental conditions and further water rise. Measure of Success: Success will be determined by the City's ability to develop a flood protection barrier of appropriate height and scope within the target's designated implementation period. 84 Resilient Cape Canaveral Action Plan (2021) PREPAREDNESS TARGET 56 Complete a City-wide stormwater outfall sea level rise threat assessment and explore solutions that reduce the threat of flooding due to storm surge events and sea level rise that could cause stormwater backups. Purpose: Stormwater outfalls—or points where stormwater discharges into water bodies from the built environment —will increasingly be at risk during rain events. Stormwater runoff may not be able to flow out into water bodies to properly drain and can result in increased flooding. Implementation Period: 30 years. Implementation Strategy: The City should determine which stormwater outfalls are at risk to storm surge events and sea level rise. If outfalls are identified preparations should be made to increase their elevation or increase capacity elsewhere within the Community most vulnerable to flooding to account for a sea level rise projection of at least 5.15 feet by 2100 according to the Assessment. City stormwater funds and State and Federal grants relating to municipal resilience and storm readiness should be pursued to fund this project. Measure of Success: Success will be determined on the ability to raise stormwater outfalls to adequately accommodate a minimum sea level rise projection of 5.15 feet within the target's designated implementation period. 85 Resilient Cape Canaveral Action Plan (2021) S) Preparedness Targets Summary What follows is a bulleted summary of each Action Category and its associated Preparedness Targets, including each target's implementation period. Implementation periods range from continuous or "current" efforts (c), 5 years, 15 years and 30 years. There are a total of 56 Preparedness Targets across 8 Action Categories. • ACTION CATEGORY 1: GREEN AND RESILIENT ECONOMY • Preparedness Target 1 o Encourage green (eco-friendly) industries within the City. (c) • Preparedness Target 2 o Support clean energy industry jobs for residential and commercial projects, City facilities included. (c) • Preparedness Target 3 o Promote green business practices within the Community through the City's website, official social media pages, at events and through the Weekly Update. (c) • Preparedness Target 4 o Promote and build attractions that encourage ecotourism. (c) • ACTION CATEGORY 2: NATURAL SYSTEMS • Preparedness Target 5 o Ban the use and application of glyphosate-based herbicide products at all City owned properties, parks and facilities by City Staff and contractors. (5) • Preparedness Target 6 o Begin a volunteer outreach program that encourages the discontinuation of phosphorus and nitrogen based fertilizers, with the goal of at least 1000 Community members pledging to end applications on their properties. (5) • Preparedness Target 7 o Increase the number of registered Lagoon -Friendly Lawns within the City by 60% over the current listed number. This will also support Target 6. (5) • Preparedness Target 8 o Conduct a survey that documents all trees in/on City property, parks and facilities. (5) • Preparedness Target 9 o Increase mangrove habitats along the lagoon by at least 300 trees through a joint public - private program. (5) • Preparedness Target 10 o Increase urban tree canopy with a reforestation strategy striving to plant 1,000 new native and Florida -friendly trees on City properties. Residential and business properties should be considered through a joint voluntary public -private planting initiative. (5) 86 Resilient Cape Canaveral Action Plan (2021) • Preparedness Target 11 o Continue annual sea oat plantings to double the amount of sea oats along the beach from the existing 110,000 to over 220,000 for increased dune stabilization. (15) • Preparedness Target 12 o Strive to increase the amount of properties connected to reclaim irrigation to help reduce and potentially eliminate the need for direct reclaim discharges into the Banana River Lagoon from the City's Water Reclamation Facility (WRF). (15) • Preparedness Target 13 o Establish annual oyster gardens at all current and future City -owned docks through the Brevard Zoo Oyster Gardening Program and showcase their benefits to the Community in order to encourage residents to participate in the program. A public -private partnership should be pursued in the maintenance of each oyster garden. Explore the feasibility of oyster reef construction along the City's lagoon shoreline and implement as appropriate and possible. (15) • Preparedness Target 14 o When new City owned buildings, parks and roadways are being considered, or existing ones are redeveloped, LID or xeriscape practices should be implemented. All City operated buildings should dedicate 25% of the site to LID/xeriscape techniques. (15) • ACTION CATEGORY 3: TRANSPORTATION • Preparedness Target 15 0 Continue to support, maintain and expand appropriate infrastructure along portions of the East Coast Greenway Trail that run through the City along North Atlantic Ave and SR A1A. (c) • Preparedness Target 16 o Research and scope micromobility options for the City to increase transportation accessibility in and around the Community. (5) • Preparedness Target 17 o Establish a kayak trail along the City's lagoon shoreline to connect Banana River, Manatee Sanctuary, Long Point and Center Street Parks. Once established and if feasible, explore a partnership and connectivity with the proposed aquarium project via the Brevard Zoo. (5) • Preparedness Target 18 o Ensure all City facilities are universally EV accessible. (5) • Preparedness Target 19 o Implement a City vehicle fleet wide carbon dioxide emissions tracking program. (5) • Preparedness Target 20 o Work with the Florida Department of Transportation (FDOT) and the Space Coast Transportation Planning Organization (SCTPO) to explore and research innovative policies and technologies that improve vehicular and pedestrian safety along State Road (SR) A1A and implement as feasible and appropriate. (15) • Preparedness Target 21 87 Resilient Cape Canaveral Action Plan (2021) o Ensure all EV charging stations based at City facilities are powered by renewable energy and are made grid -independent through the use of battery storage systems. (15) • Preparedness Target 22 o Convert all City fleet vehicles to alternative fueled vehicles. (15) • Preparedness Target 23 o Ensure all City bus stops are covered and appropriately illuminated via solar powered lighting. (15) • Preparedness Target 24 o Where feasible, transition City roadways to bikeable and walkable Complete Street designs that follow the City's Vision Statement and including the installation of ADA compliant sidewalks. (30) ■ ACTION CATEGORY 4: ENERGY • Preparedness Target 25 o Work with Florida Power and Light (FPL), industry experts and local universities to develop and implement smart and microgrid technologies where feasible. (c) • Preparedness Target 26 o Transition each of the City's mobile fuel -based light towers and generator units to electric, solar or wind powered equivalents. (5) • Preparedness Target 27 o Strive to become a SolSmart Program member with a "Gold" rating by encouraging solar use and providing resources to residents to make solar affordable and easier to acquire. (5) • Preparedness Target 28 o Work with FPL and other partners to research and scope a utility scale battery storage facility to deliver emergency power or peak operations City-wide. (5) • Preparedness Target 29 o Convert at least 50% of the City's streetlights to solar power by 2035; while also working to convert 100% of the City's streetlights to solar power by 2050. (15) • Preparedness Target 30 o Ensure that all 12 City lift stations have backup power from renewable sources for at least 96 hours of grid -independent operations, complimenting existing diesel assets if necessary. (15) • Preparedness Target 31 o Convert all City facilities to run off of renewable energy with associated battery storage systems. (15) • Preparedness Target 32 o Transition the City to renewable energy sources. (30) ■ ACTION CATEGORY 5: BUILT ENVIRONMENT • Preparedness Target 33 88 Resilient Cape Canaveral Action Plan (2021) o Develop policies that are in line with Peril of Flood (SB 1094) legislation that discourages increase building density in the 100-year floodplain, the Coastal Construction Control Line (CCCL), areas vulnerable to at least a Category 2 storm surge and the 2070 USACE High Projection Rate Curve for sea level rise. (5) • Preparedness Target 34 o Explore amendments to the City Code that would allow for elevated or floodable development with living spaces that are higher off the ground. (5) • Preparedness Target 35 o Explore amendments to the City Code of Ordnances require more stormwater retention onsite. (5) • Preparedness Target 36 o Ensure all City facilities have the ability to capture rainwater or stormwater for reuse through best management practices that include: stormwater chambers, rain barrels or green roofs. (15) • Preparedness Target 37 o At least 25% of all new City roads, parking lots and sidewalks square footage should be permeable. (30) • Preparedness Target 38 o Ensure that all City buildings are at least LEED Silver equivalent upon new construction or redevelopment. (30) • Preparedness Target 39 o Ensure all City facilities are net zero or energy positive upon new construction or redevelopment. (30) ■ ACTION CATEGORY 6: EQUITY AND QUALITY OF LIFE • Preparedness Target 40 o Maintain monthly workshop series for residents to engage with Staff and various experts in regard to the environment, resiliency and local initiatives that may affect the City. (c) • Preparedness Target 41 o Continue to maintain and promote the City's Kairos Community Garden while ensuring resources such as water and electricity are self-sustaining. (c) • Preparedness Target 42 o Develop an action plan (this is it!) that is in line with the World Health Organization's Global Network of Age -Friendly Cities and Communities' eight domains of livability. The domains are used as a framework for policy discussions for members of AARP's Network of Age -Friendly Communities. The domains provide a centralized source for information, examples and strategies about programs and policies that work to help communities become more livable places for all ages. (c) 89 Resilient Cape Canaveral Action Plan (2021) ■ ACTION CATEGORY 7: WASTE AND CONSUMPTION • Preparedness Target 43 o Eliminate single -use plastics and polystyrene within City operations where appropriate and feasible and instead switch to reusable and eco-friendly alternatives. Vendors would be asked to participate by declining to sell and distribute single -use plastics and polystyrene at City events. (5) * Preparedness Target 44 o Consider a feasibility study that determines the logistics and scope of a City-wide single - use plastics and polystyrene ban. (5) • Preparedness Target 45 o Increase educational signage at all City facilities and beach crossovers that promote litter awareness and proper recycling. (5) • Preparedness Target 46 c Develop a pilot program to recycle cigarette butt litter while increasing the amount of cigarette receptacles within the City to 100 units. (5) • Preparedness Target 47 o Establish a City-wide composting program for residents and business. (5) • Preparedness Target 48 o Decrease the City's recycling contamination rate from 35% to 10% or less. (15) • Preparedness Target 49 o Significantly minimize waste for all City operations and facilities by 2050. (30) ■ ACTION CATEGORY 8: STORM READINESS AND SEA LEVEL RISE • Preparedness Target 50 o Build at least three (3) new stormwater parks where appropriate and necessary to manage flooding and continue to implement subterranean exfiltration systems as needed for increased storage capacity. (15) • Preparedness Target 51 o Pursue a partnership with Brevard County to build a stormwater park with associated amenities such a perimeter walking trail, benches and water fountains at Cherie Down Park after conveyance of ownership. (15) • Preparedness Target 52 o Implement appropriate semi -permanent flood defenses at City facilities for protecting open access points such as doorways and garage doors to replace sandbags. (15) • Preparedness Target 53 o Dredge and strengthen the Central/Canaveral Ditch to improve erosion control and increase capacity while creating shoreline stabilization and improved stormwater management. (30) • Preparedness Target 54 o Work with FDOT and the SCTPO to redevelop SR A1A in order to reduce flood risks posed by minimum SLR projections (USACE 5.15 feet by 2100) depicted in the City's Vulnerability Assessment. (30) 90 Resilient Cape Canaveral Action Plan (2021) Preparedness Target 55 o Research and implement climate -resilient engineering solutions such as wave attenuation devices, sea walls and berms in conjunction with green infrastructure around the perimeter of the City's Water Reclamation Facility. (30) Preparedness Target 56 o Complete a City-wide stormwater outfall sea level rise threat assessment and explore solutions that reduce the threat of flooding due to storm surge events and sea level rise that could cause stormwater backups. (30) 91 Resilient Cape Canaveral Action Plan (2021) T) Appendices Acronym List BMP Best Management Practice BRL Banana River Lagoon CBO Congressional Budget Office CCCL Coastal Construction Control Line CGNB Community Garden Network of Brevard CRS Community Rating System DEO Department of Economic Opportunity DFRIM Digital Flood Insurance Rate Map EAR Evaluation and Appraisal Reports ECFRPC East Central Florida Regional Planning Council EDA Economic Development Administration EOOD Economic Opportunity Overlay District EPA Environmental Protection Agency EV Electric Vehicle FCMP Florida Coastal Management Program FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FIS Flood Insurance Studies FPL Florida Power and Light FRCP Florida Resilient Coastlines Program FVI Floating Vegetation Island IRL Indian River Lagoon KBB Keep Brevard Beautiful MGF Multi -Generational Facility MHHW Mean Higher High Water MRC Marine Resources Council NASA National Aeronautics and Space Administration NCEI National Centers for Environmental Information NFIP National Flood Insurance Program NGO Non -Governmental Organization NOAA National Oceanic and Atmospheric Administration LEED Leadership in Energy and Environmental Design LID Low Impact Development SCAT Space Coast Transit Authority 92 Resilient Cape Canaveral Action Plan (2021) SCTPO Space Coast Transportation Planning Organization SR Al A State Road A1A OF University of Florida UF/IFAS University of Florida, Institute of Food and Agricultural Sciences US United States USACE United States Army Corp of Engineers USGBC United States Green Building Council WCED World Commission on Environment and Development WHO World Health Organization WRF Water Reclamation Facility 93 Resilient Cape Canaveral Action Plan (202 Critical Facilities List Table 16:Critical Facilities by Hazard Facility Facility Type Storm Surge USACE SLR NOAA SLR Flood Shallow Zone Horizon Horizon Zone Flood Area Lowest Earliest Earliest Banana River Park Debris Staging Area Waste Facility Category4 None 2100 None No Brevard County Sheriff's Office Canaveral Law Enforcement Category 4 None None 500 No year Cape Canaveral City Clerk Government Category 5 None None None No Cape Canaveral City Hall Government Category 5 None None None No Cape Canaveral Culture and Leisure Services Government Category 5 None None None No Cape Canaveral Fire Department Station#52 Fire Service Category4 None 2100 500 No year Cape Canaveral Fire Department Station#53 Fire Service Category4 None None 500 year No Cape Canaveral Public Library Government Category 4 None 2100 500 No year Cape Canaveral Community Services and Transportation Fleet Storage Operations Category3 2100 2100 None No Cape View Elementary School School Category 3 None 2100 500 No year Columbia Electric Substation Utility Category 3 None 2100 500 No year Craig Technologies HazMat Facility Category 3 2100 2100 500 No year Lift Station 1(Washington/Magnolia) Utility Category 3 None 2100 500 No year Lift Station 2(Center Street) Utility Category 3 None 2100 None No Lift Station 3(West Central) Utility Category 3 2100 2070 500 No year Lift Station 4(Coquina) Utility Category 3 None 2100 500 No year Lift Station 5(Columbia Drive) Utility Category 2 2100 2070 Zone AE No Lift Station 6(Imperial Boulevard) Utility Category 4 None 2100 None No Lift Station 7(Central/Thurm) Utility Category 3 2100 2070 500 No year Lift Station 8(Manatee Bay/Thurm) Utility Category 3 2100 2100 None No Lift Station 9(Banana River Drive) Utility Category 3 2100 2070 500 No year Lift Station 12(Patriots Park) Utility Category 3 2100 2100 500 No year Lift Station 13(Thurm Boulevard) Utility Category 3 2100 2100 500 No year Lift Station 14(Villa Nova-Thurm) Utility Category 4 None 2100 None No Manatee Sanctuary Park SolidWaste Facility Waste Facility Category 4 None 2100 None No Pen Pals Childcare Center Day Care Category 3 None 2100 500 No year Transmontaigne Terminal Bulk Fuel Storage HazMat Facility Category 4 None None None No United Stated Post Office(Cape Canaveral) Government Category 4 None 2100 None No 94 Resilient Cape Canaveral Action Plan (2021) References 100% Commitments in Cities, Counties, & States. 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It is part of the Indian River Lagoon system, and connects at its south end to the Indian River. • Battery Storage System: Is a technology developed for storing an electric charge by using specially developed batteries. The underlying idea being that such stored energy can be utilized at a later time as necessary. • Built Environment: The human -made surroundings that provide the setting for human activity, ranging in scale from buildings and parks or green space to neighborhoods and cities that can often include their supporting infrastructure, such as water supply or energy networks. • Climate Change: Describes a change in the average conditions —such as temperature and rainfall —in a region over a long period of time. In the context of this action plan, climate change refers to the rapid human -induced trend in warming across the planet currently being observed by scientists resulting in numerous effects such as extreme weather, sea level rise, melting ice sheets, and biodiversity loss. • Climate -Ready Infrastructure: Infrastructure designed with climate -related stressors in mind, such as sea level rise and increased storm activity. Climate -ready infrastructure is often considered flexible, adaptable and smart; and is more resilient than traditional infrastructure that is designed for "business as usual" scenarios. This readiness reduces costs and build -back periods in the event of a disaster. • Electric Vehicle (EV): All -electric vehicles (also known as battery electric vehicles or BEVs) derive all of their power from an electrical source. All -electric vehicles do not require any traditional fuels such as gasoline or diesel to function and therefore have zero tailpipe emissions. • Equity: In the context of sustainability, the term equity has to do with fairness — whether all people have similar rights and opportunities, basic needs to maintain an acceptable quality of life. • EV Accessible: Transportation infrastructure (i.e., parking lots, roadways, building electrical systems, etc.) that can support the recharging and/or maintenance of all -electric vehicles and plug-in hybrids. • Fossil Fuels: An energy source formed in the Earth's crust from decayed organic material. The most common fossil fuels are petroleum, coal and natural gas. They are considered nonrenewable as fossil fuels can take millennia to form and replenish. • Gray Stormwater Infrastructure: Traditional "gray" stormwater infrastructure is designed to move urban stormwater away from the built environment and includes curbs, gutters, drains, piping, and collection systems. Traditional gray infrastructure collects and conveys stormwater 100 Resilient Cape Canaveral Action Plan (2021) from impervious surfaces, such as roadways, parking lots and rooftops, into a series of piping that ultimately discharges relatively untreated stormwater into a local water body. • Green Infrastructure: the range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters. • Green Space: Is land that is partly or completely covered with grass, trees, shrubs, or other vegetation. Green space can include parks, community gardens, playgrounds, and vacant lots. • Hurricane: Large, swirling storms that form over warm ocean waters. They produce damaging winds of 74 mph or higher, flooding rains and destructive storm surge. • Indian River Lagoon: Stretching 156 miles from northwest to southeast, the Indian River Lagoon makes up 40% of Florida's eastern coast across six counties, including Brevard. Considered an estuary, it is home to over 4,000 plant and animal species and is a significant economic driver for the East Central Florida area. • Living Shorelines: A protected and stabilized shoreline that is made of natural materials such as plants, sand, or rock. Living shorelines provide a natural alternative to 'hard' shoreline stabilization methods like rip rap or bulkheads, and provide numerous benefits including nutrient pollution remediation, essential fish habitat structure, and buffering of shorelines from waves and storms. • Microgrids: A local energy grid with control capability, which means it can disconnect from the traditional grid and operate autonomously. • Nutrient Pollution: Is the process where too many nutrients, mainly nitrogen and phosphorus, are added to bodies of water and can act like fertilizer, causing excessive growth of algae. • Plug-in Hybrid Vehicle (PHEV): Vehicles which use batteries to power an electric motor or plug into the electric grid to recharge while also using a petroleum -based or alternative fuel to power a collocated internal combustion engine. • Renewable Energy (also known as clean energy): Energy derived from sources that are naturally replenishing; renewable resources are virtually inexhaustible in duration but limited in the amount of energy that is available per unit of time. Major types of renewable energy include: biomass, hydropower, geothermal, wind, solar and tidal sources. • Resilience: The capacity of a system, be it an individual, a forest, a city or an economy, to deal with change, continually develop sustainably and have the ability to rebuild stronger in order to mitigate the effects of future hazards. • Sea Level Rise: An increase in the average level of the world's oceans due to the current trend of planetary warming being observed by scientists. • Solar Power: Energy from the sun that is converted into thermal or electrical energy. • Solid Waste: Any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, resulting from industrial, commercial, mining, and agricultural operations, and from community activities. 101 Resilient Cape Canaveral Action Plan (2021) • Storm Surge: The abnormal rise in seawater level during a storm, measured as the height of the water above the normal predicted astronomical tide. The surge is caused primarily by a storm's winds pushing water onshore. • Stormwater Runoff: Runoff generated from rain and snowmelt events that flow over land or impervious surfaces, such as paved streets, parking lots and building rooftops, and does not soak into the ground. • Sustainability: Development which meets the needs of current generations without compromising the ability of future generations to meet their own needs. • Water Quality: The suitability of water for a particular use based on selected physical, chemical, and biological characteristics. 102 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve Special City Council Meeting, Second Budget Hearing for September 22, 2021, at 5:30PM. Department: Administrative Services Summary: Florida Statutes outline rules/regulations/timeline for adoption of the annual Budget for all entities in the State. This is commonly referred to as the Truth in Millage (TRIM) Process. The TRIM Timetable requires municipalities hold their Budget Hearings on dates other than the dates selected by the County and School Board Budget Hearings. This year Brevard County Commission selected September 21st to hold its second Budget Hearing, which conflicts with the City's second budget hearing to be held on the same day. Due to the TRIM Timetable and the dates selected by the County and School Board, the City must select dates that differ from the City's normal meeting schedule. The City is prohibited from holding either Public Hearing on the same day as Brevard County Board of County Commissioners and Brevard County School Board. Due to this meeting conflict, Staff is requesting a Special City Council Meeting to be held to conduct a Second Budget Hearing for adoption of the Final Budget and Final Millage Rates. Additionally, scheduling this Special Council Meeting on September 22, 2021 will allow Financial Services to meet all required reporting to the property appraiser, the tax collector, and Department of Revenue. Submitting Department Director: John DeLeo Date: 05/26/21 Attachment: Amended Meeting Schedule Financial Impact: Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 05/21/21 The City Manager recommends the City Council take the following actions: Approve Special City Council Meeting, Second Budget Hearing for September 22, 2021, at 5:30PM. Approved by City Manager: Todd Morley Date: 05/25/21 2021 City Council Meeting Schedule REVISED CITY OF CAPE CANAVERAL Agenda Cut-off at Agenda & Packet Due by Council Meeting 4:30 PM Wednesday Close of Business Tuesday (Tuesday unless otherwise noted) 01/05/2027 — Reserved* 01/06/2021 01/12/2021 01/19/2021 6:00 PM 02/02/2027 — 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 5:00 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 06/01/2021 — Reserved* 06/02/2021 06/08/2021 06/15/2021 6:00 PM CRA Board Meeting 5:00 PM if needed 07/06/2021 — Reserved* 07/07/2021 07/13/2021 07/20/2021 6:00 PM Budget Workshop 5:00 PM 08/03/2021 — 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 CRA Board Meeting 5:00 PM 09/09/2021 09/15/2021 09/22/2021 5:30 PM 2nd Budget Hearing+ (Wednesday) Budget Hearing contingent upon TRIM requirements + scheduled budget hearings of the Brevard County Commission and School Board. Florida Law prohibits budget I ICdririgs on the same day. 70/05/2027 —Reserved* 10/06/2021 10/12/2021 10/19/2021 6:00 PM 11/04/2021 —Reserved* (Thursday) 11/16/2021 6:00 PM 11/03/2021 11/09/2021 CRA Board Meeting 5:00 PM (tentative) 12/07/2021 —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: November 17,2020 +Amended by Council: CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Authorize the discontinuation of GoToWebinar for public meetings, effective July 1, 2021. Department: Cultural + Community Affairs Summary: Beginning in March of 2020, as a result of social distancing restrictions implemented to promote public health and safety amidst the onset of the COVID-19 Pandemic, the City subscribed to a web -based service provider called GoToWebinar (GTW) to facilitate the continuity of City business by providing a safe and accessible means for Council Members, Staff and the public to engage in Public Meetings remotely, in accordance with Governor DeSantis' Executive Order #20-69 (Attachment 1). In November, Executive Order #20-246 (Attachment 2), lifted the 10-person restriction on in -person gatherings and re -instated the requirement for physical quorum in Public Meetings. As vaccinations were not yet widely available at that time and infection rates continued to rise, the City maintained and encouraged CDC advised social distancing measures and continued to use GTW as an interactive means for vulnerable/immuno-compromised members of our community to continue participating in Public Meetings. With declining local infection rates, widespread availability of vaccines, rapidly waning viewership (Attachment 3) and the issuance of Executive Order 21-101 (Attachment 4) revoking Local Emergency Declarations relating to COVID-19, effective July 1, 2021, the time has come to evaluate the efficiency and continued use of the GTW platform for Public Meetings. Efficiencies of GTW: ■ It provides real-time interactive public engagement opportunities for home -bound residents, as opposed to providing public comment via email prior to a given meeting. ■ It can serve as a back-up recording of meeting audio, in the rare event that the software, used by the Recording Secretaries, fails. Inefficiencies of GTW: ■ It increases the City's overall per -meeting production costs. ■ As experienced throughout the pandemic, layered technologies have an increased vulnerability to failure and end -user complications such as: Connectivity issues i.e. bandwidth, WiFi strength, device compatibility Compatibility between programs, especially following updates/patches Human error ■ The Chair is limited in their role to run a meeting with control and efficiency. ■ The GTW moderator is unable to enforce accepted standards of Public Meeting decorum, beyond muting users that engage in inappropriate behavior after the fact. Additional notes: ■ All residents will continue to have the option of submitting public comments via email, prior to Public Meetings, which will become public record as related to that particular meeting. ■ Per their city managers, most of our neighboring communities have ceased virtual, bi-directional interactive (aka hybrid) Public Meeting formats. The only known exception is Satellite Beach, which plans to discontinue use due to waning virtual attendance. ■ The City has provided live streaming access to Public Meetings since 2016, and the discontinuation of GTW will not impact the ability of the public to view the non -interactive, live stream of the City's Public Meetings via the City website going forward. City of Cape Canaveral City Council Meeting • June 15, 2021 Agenda Item # 6 Page 2 of 2 ■ Since March of 2020, the City has spent $4,320 on GTW software. Submitting Department Director: Molly A. Thomas Date: 06/07/21 Attachments: 1. Executive Order #20-69 2. Executive Order #20-246 3. Viewership data January 2020 — May 2021 4. Executive Order #21-101 Financial Impact: Continuation of the annual GTW subscription $2,160 and Staff time to moderate and coordinate broadcasts; Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 06/07/21 The City Manager recommends the City Council take the following action: Authorize the discontinuation of GoToWebinar for public meetings, effective July 1, 2021. Approved by City Manager: Todd Morley Date: 06/07/21 Attachment 1 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-69 (Emergency Management — COVID-19 — Local Government Public Meetings) WHEREAS, on March 1, 2020, I issued Executive Order 20-51 directing the Florida Department of Health to issue a Public Health Emergency as a result of COVID-19; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020, I wrote a letter to Attorney General Ashley Moody seeking an advisory opinion regarding concerns raised by local government bodies about their ability to hold meetings through teleconferencing and other technological means in order to protect the public and follow the CDC guidance regarding social distancing; and WHEREAS, on March 19, 2020, Attorney General Ashley Moody delivered an opinion to me indicating that certain provisions of Florida law require a physical quorum be present for local government bodies to conduct official business, and that local government bodies may only conduct meetings by teleconferencing or other technological means if either a statute permits a quorum to be present by means other than in person, or that the in person requirement for constituting a quorum is lawfully suspended during the state of emergency; and WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19 remains controlled, and that residents and visitors in Florida remain safe and secure; NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. I hereby suspend any Florida Statute that requires a quorum to be present in person or requires a local government body to meet at a specific public place. Section 2. Local government bodies may utilize communications media technology, such as telephonic and video conferencing, as provided in section 120.54(5)(b)2., Florida Statutes. Section 3. This Executive Order does not waive any other requirement under the Florida Constitution and "Florida's Government in the Sunshine Laws," including Chapter 286, Florida Statutes. Section 4. This Executive Order shall expire at the expiration of Executive Order 20- 52, including any extension. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 20th day of March, 2020 RON DESANTIS, GOVERNOR ATTEST: SECRETARY OF STATE Laurel Mhu 2020 Mar 20 AM 9:38 Attachment 2 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-246 (Emergency Management -- COVID 19 — Local Government Public Meetings) WHEREAS, Executive Order 20-69, as extended by Executive Orders 20-112, 20-123, 20-139, 20-150 and amended by Executive Orders 20-179 and 20-193, expires on October 1, 2020, unless extended. NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and ail other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. I hereby extend Executive Order 20-69, as extended by Executive Orders 20-112, 20-123, 20-139, 20-150 and amended by Executive Orders 20-179 and 20-193, subject to the condition of Section 2 below, until 12:01 a.m. November 1, 2020. This order supersedes Section 4 of Executive Order 20-69. Section 2. This order shall not apply to election canvassing boards. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 30th day September, 2020. RON DESANTIS, GOVERNOR ATTEST: SECRETARY OF STATE Laurel Mhu 2020 SEP 30 PM 4:50 DEPARTMENT OF STATE TALLAHASSEE, FLORIDA Attachment 3 City Council Meeting Metrics 2020 Jan Feb Mar Apr May* Jun July** Aug Sep* Oct Nov Dec Total Average Box Cast Live 40 7 - 5 116 175 163 15 40 53 33 12 659 60 Recorded 22 27 - 9 41 41 98 26 43 34 11 11 363 33 Average Minutes Watched 22 20 27 28 17 18 21 22 32 44 34 - 26 GTW Attendees - - - 55 108 34 140 32 55 42 20 11 497 55 Staff% 33% 37% 44% 38% 56% 62% 38% 60% 72% - 48% Total Viewership 62 34 0 69 265 250 401 73 138 129 64 34 1519 *indicates number of special meetings in addition to regular 2021 Jan Feb Mar Apr May Jun July Aug Sep Oct Nov Dec Total Average Box Cast Live 22 14 24 8 4 72 14 Recorded 19 31 4 2 2 58 12 Average Minutes Watched 35 25 61 16 21 32 GTW Attendees 35 37 38 11 8 129 26 Staff% 31% 27% 18% 72% 75% 45% Total Viewership 76 82 66 21 14 0 0 0 0 0 0 0 259 *indicates number of special meetings in addition to regular Attachment 4 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 21-101 (Invalidating All Remaining Local Emergency Orders Based on the COVID-19 Emergency) WHEREAS, on March 9, 2020, I issued Executive Order 20-52, subsequently extended, declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, the State of Florida led the national effort to distribute COVID-19 vaccines to seniors first and has now provided vaccines to nearly 9 million people; and WHEREAS, every Floridian who desired a vaccine is eligible to obtain one, and Florida now maintains a sufficient supply of COVID-19 vaccines for every eligible Floridian who desires a vaccine to be vaccinated; and WHEREAS, scientific studies show that vaccines protect individuals from COVID-19 and reduce hospitalizations and deaths caused by COVID-19; and WHEREAS, on April 29, 2021, Surgeon General Dr. Scott Rivkees issued a Public Health Advisory (1) stating that continuing COVID-19 restrictions on individuals, including long-term use of face coverings and withdrawal from social and recreational gatherings, pose a risk of adverse and unintended consequences, (2) further expanding vaccine eligibility, and (3) advising government offices to resume in -person operations and services; and WHEREAS, due to the tremendous steps the State has taken to protect Florida's most vulnerable populations and rapidly offer vaccines to every eligible Floridian who desires one, local communities lack justification in continuing to impose COVID-related emergency orders restricting the rights and liberties of their citizens; and WHEREAS, on May 3, 2021, I signed into law SB 2006 — Emergency Management — which provides, effective July 1, 2021, that any emergency order issued by a political subdivision must be narrowly tailored to serve a compelling public health or safety purpose, must be limited in duration, applicability, and scope in order to reduce any infringement on individual rights or liberties to the greatest extent possible, and may be invalidated by the Governor, at any time, if the Governor determines that such order unnecessarily restricts individual rights or liberties; and WHEREAS, it is my determination that the remaining emergency orders issued by the political subdivisions of this State due to the COVID-19 emergency are not narrowly tailored to serve a public health or safety purpose and unnecessarily restrict individual rights and liberties, including the economic and commercial rights and liberties of business owners in this State; and NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, promulgate the following Executive Order: Section 1. In order to protect the rights and liberties of individuals in this State and to accelerate the State's recovery from the COVID-19 emergency, any emergency order issued by a political subdivision due to the COVID-19 emergency which restricts the rights or liberties of individuals or their businesses is invalidated. Section 2. Nothing herein prohibits a political subdivision of the State from enacting ordinances pursuant to regular enactment procedures to protect the health, safety, and welfare of its local population. Only the COVID-19 emergency orders, as defined in SB 2006, enacted prior to July 1, 2021, are hereby invalidated. Section 3. This order is effective beginning on July 1, 2021 and shall be immediately filed with the Division of Administrative Hearings. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be .affixed, at Tallahassee 3rd day of May, 2021 RON DESANTIS, GOVERNOR ATTEST: Laurel Mhu SECRETARY OF STATE 2021 MAY-3 PM 4:06 DEPARTMENT OF STATE TALLAHASSEE, FL CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Ordinance No. 30-2021; amending Section 2-300 of the City Code related to the City's Travel Reimbursement Policy; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation in the Code, severability and an effective date, second reading. Department: Human Resources Summary: The City has the express authority to establish reasonable per diem and travel allowances pursuant to Section 166.021(4), Florida Statutes. The City's per diem and travel allowances have not been updated since 2003. The proposed Ordinance (Attachment 1) authorizes the City to annually update per diem and travel reimbursement allowances consistent with the U.S. General Services Administration ("GSA") for official travel. Google Maps will be incorporated into the City's travel policy for purposes of establishing a uniform and widely accepted standard for calculating mileage when mileage is necessary for reimbursement. The standard mileage rate is set annually by the Internal Revenue Service. All travelers shall be reimbursed for the actual dollars spent not to exceed the maximum GSA rate for meals at the destination location. • Meals for Class B and Class C shall be reimbursed for travel which: Breakfast - Begins before 6:00 a.m. and extends beyond 8:00 a.m.; Lunch - Begins before 12:00 noon and extends beyond 2:00 p.m.; Dinner - Begins before 6:00 p.m. and extends beyond 8:00 p.m. or when travel occurs during nighttime hours due to special assignment. • Meals for Class A travel shall be authorized up to a maximum of the GSA rate for the destination location. A detailed receipt is required for reimbursement. When a traveler attends an event on the City's behalf and the fixed price of the meal exceeds the per meal allowance, the traveler shall be reimbursed the actual cost of the meal as authorized by the City Manager. Receipts shall not be required for meals on authorized overnight travel. Reimbursement for overnight travel shall be for actual lodging expenses at the single occupancy rate, to be substantiated by paid receipts, and shall be reimbursed at a maximum of the current GSA lodging rate for the destination, see attached example (Attachment 2). No sales tax shall be reimbursable, unless the city is also required by law to pay such tax. An example of a per diem calculation is included as Attachment 3. At its April 20, 2021 Regular Meeting, the Council approved Ordinance No. 30-2021 at first reading. The Notice of Hearing was placed for advertisement in Florida Today on June 3, 2021 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: Melinda Huser Date: 05/26/21 City of Cape Canaveral City Council Meeting • June 15, 2021 Agenda Item # 7 Page 2 of 2 Attachments: 1. Ordinance No. 30-2021 2. GSA Per Diem Rates for Orlando, Florida 3. Example Calculation 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: 05/25/21 The City Manager recommends the City Council take the following action: Adopt Ordinance No. 30-2021 on second reading. Approved by City Manager: Todd Morley Date: 05/26/21 Attachment 1 1 ORDINANCE NO. 30-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA; AMENDING SECTION 2-300 OF THE CITY 5 CODE RELATED TO THE CITY'S TRAVEL REIMBURSEMENT POLICY; 6 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 7 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE 8 CODE, SEVERABILITY AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 11 Constitution, to exercise any power for municipal purposes; and 12 13 WHEREAS, the City also has the express authority to establish reasonable per diem and 14 travel allowances pursuant to Section 166.021(4), Florida Statutes; and 15 16 WHEREAS, the City Council is aware that the U.S. General Services Administration ("GSA") 17 annually updates per diem and travel reimbursement allowances by destination for official 18 government travel and that said allowances may be used to guide municipal per diem and travel 19 allowances; and 20 21 WHEREAS, upon recent review of the current per diem and travel allowances permitted 22 by GSA, the City Manager has determined several of the City's per diem and travel allowances are 23 outdated and therefore, the City Manager is recommending that the City Council increase several 24 of the City's per diem and travel allowance amounts to equal the maximum amounts allowed by 25 GSA; and 26 27 WHEREAS, the City Council also desires to incorporate Google Maps into the City's travel 28 policy for purposes of establishing a uniform and widely accepted standard for calculating mileage 29 when mileage is necessary for reimbursement; and 30 31 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 32 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 33 Cape Canaveral. 34 35 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 36 ORDAINS, AS FOLLOWS: 37 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 38 this reference as legislative findings and the intent and purpose of the City Council of the City of 39 Cape Canaveral. 40 41 Section 2. Amending Section 2-300 of the City Code. The City of Cape Canaveral 42 Code of Ordinances, Section 2-300, is hereby amended as set forth below (underlined type City of Cape Canaveral Ordinance No. 30-2021 Page 1 of 7 1 indicates additions and strikeout type indicates deletions, while *** indicate deletions from this 2 Ordinance of said applicable Division that shall remain unchanged in the City Code): 3 4 CHAPTER 2 - ADMINISTRATION 5 6 *** 7 ARTICLE VII. TRAVEL REIMBURSEMENT POLICIES AND PROCEDURES 8 9 Sec. 2-300. Reimbursement policy and procedures for official travel. 10 (a) Purpose. It is the intent of this section to regulate official travel expenses of city officers, 11 employees, and other authorized persons, as defined in F.S. § 166.021. It is also the intent of 12 this section that the provisions of F.S. § 112.061, pertaining to municipalities, and any 13 amendments, additions, or modifications to such provisions, shall be incorporated herein by 14 reference, to the extent this section does not address a subject matter that is addressed in 15 F.S. § 112.061, and that the provisions contained in this section shall be supplemental and in 16 addition to the provisions of F.S. § 112.061. In the event of any conflict between this section 17 and F.S. § 112.061, this section, in accordance with F.S. § 166.021, shall prevail. 18 (b) Definitions. For purposes of this article, the following terms shall have the meanings 19 indicated: 20 (1) Officer or public officer. An individual who, in performance of his/her official duties is 21 vested by law with sovereign powers of government, who is elected by the people 22 (mayor and city council). 23 (2) Employee or public employee. The city manager or an individual, whether commissioned 24 or not, other than an officer or authorized person as defined herein, who is filling a 25 regular or full-time authorized position and is responsible to the city manager. 26 (3) Authorized person. 27 (A) A person, other than a public officer or employee, as defined herein, whether 28 elected or commissioned or not, who is authorized by the city manager or city 29 council to incur travel expenses in the performance of his official duties; or 30 (B) A person who is called upon the city to contribute time and services as consultant 31 or adviser. 32 (4) Traveler. A public officer, public employee, or authorized person, when performing 33 authorized travel. 34 (5) Travel expense. The usual, ordinary and incidental expenditures necessarily incurred by 35 a traveler. 36 (6) Common carrier. Train, bus, commercial airline operating scheduled flights, or rental cars 37 of an established rental car firm. City of Cape Canaveral Ordinance No. 30-2021 Page 2 of 7 1 (7) GSA (General Services Administration). The Federal government agency tasked with 2 managing government buildings and real estate, providing product and service 3 procurement, and developing policies and regulations. 4 (8) GSA Rate or Amount shall mean the most current rate adopted by the GSA and in effect 5 at the time the travel expense is incurred. 6 7 (c) Authority to incur travel expenses. 8 (1) All travel of public employees must be authorized and approved by the department 9 head and city manager. Multiday travel of the city manager or a public officer must be 10 approved by the city council. 11 (2) Day trips may be authorized by the department head without approval of the city 12 manager. 13 (3) The city shall not authorize or approve such a request of a public employee unless it is 14 accompanied by a signed statement listing the purpose of such travel, the dates and 15 expenses involved, and a copy of the travel itinerary attached. 16 (4) Travel expenses of travelers shall be limited to those expenses necessarily incurred by 17 them in the performance of a public purpose authorized by law to be performed by the 18 city and must be within the limitations prescribed by this policy. 19 (d) Computation of travel time for reimbursement. For purposes of reimbursement and methods 20 of calculating fractional days of travel, the following principles are prescribed: 21 (1) Travel categories. The following travel categories are prescribed: 22 Class A. Continuous travel of 24 hours (or more) away from the city. 23 Class B. Continuous travel of less than 24 hours with an overnight absence from the city. 24 Class C. Travel for short or day trips when the traveler is not away from the city overnight. 25 (2) Travel reimbursements. All travelers shall be reimbursed for the actual dollars spent with 26 a maximum of the GSA rate for meals at the destination location. A detailed receipt is 27 required for reimbursement. Reimbursements shall be made according to the following 28 schedule: 29 (A) Meals for class B and class C shall be reimbursed for travel which: 30 (i) Breakfast - Begins before 6:00 a.m. and extends beyond 8:00 a.m., $8.00 for 31 breakfast; or 32 (ii) Lunch - Begins before 12:00 noon and extends beyond 2:00 p.m., $10.00 for 33 lunch; or City of Cape Canaveral Ordinance No. 30-2021 Page 3 of 7 1 (iii) Dinner - Begins before 6:00 p.m. and extends beyond 8:00 p.m. or when travel 2 occurs during nighttime hours due to special assignment, $18.00 for dinner. 3 (B) Meals for class A travel shall be authorized up to a maximum of the GSA rate for 4 the destination location. A detailed receipt is required for reimbursement. $36.00 5 per day in lieu of individual meal allowance rates. 6 (C) When a traveler attends an event on the city's behalf and the fixed price of the 7 meal exceeds the per meal allowance, the traveler shall be reimbursed the actual 8 cost of the meal as authorized by the city manager. 9 (D) Receipts shall not be required for meals on authorized overnight travel. 10 (E) No traveler shall be reimbursed for meals gratuitously provided by another party. 11 (F) No traveler shall be reimbursed for meals when travel is confined to the city or 12 immediate vicinity, except as authorized by the city manager. 13 (G) Reimbursement for overnight travel shall be for actual lodging expenses at the 14 single occupancy rate, to be substantiated by paid receipts, and shall be 15 reimbursed at a maximum of the current GSA lodging rate for the destination 16 location. 17 (H) Lodging will be reimbursed for out of county, multiday activities, and shall be 18 reimbursed at a maximum of the current GSA rate for lodging at the destination 19 location. 20 (I) No sales tax shall be reimbursable to any person, unless the city is also required by 21 law to pay such tax. 22 (J) Items specifically disallowed for reimbursement purposes: 23 (i) Alcoholic beverages; 24 (ii) Entertainment; 25 (iii) Any expenses incurred by dependents; 26 (iv) Attendance at political rallies; and 27 (v) Travel for the specific purpose of promoting the candidacy of an individual 28 for public office. 29 (K) Other reimbursable expenses: 30 (i) Toll charges; 31 (ii) Taxi fares; 32 (iii) Parking and storage fees; City of Cape Canaveral Ordinance No. 30-2021 Page 4 of 7 1 (iv) Fuel for city vehicle; 2 (v) Common carrier transportation —When required. (Must be approved by the 3 city manager); 4 (vi) Valet parking —When necessary; 5 (vii) Convention registration fees; and 6 (viii) Baggage handling at $0.50 per bag up to $2.00 upon arrival and departure. 7 (e) Transportation. 8 (1) In no circumstance shall the city vehicle be used for purposes other than authorized 9 official travel. 10 (2) All travel must be a usually traveled route. The city manager shall designate the most 11 economical method of travel for each trip. 12 (3) All employees should utilize municipal vehicles when traveling on official business. This 13 requirement insures adequate liability coverage in the event of an accident or injury. In 14 those instances when a city vehicle is not available, and with the prior approval of the 15 department head and the city manager, the use of privately owned vehicles may be 16 authorized. Whenever travel is by privately owned vehicles, calculating the mileage for 17 travel shall be deemed to start from the employee's usual city work building/location 18 (not from the employee's place of residence) to the official travel destination and the 19 traveler shall be entitled to a mileage reimbursement at the "standard mileage rate." 20 The standard mileage rate is set annually by the Internal Revenue Service. All mileage 21 shall be from point of origin to point of destination based on a current Google map 22 submitted with the travel expense report. Mileage will be based on the estimated most 23 direct Google map route. 24 (4) Travel reservation for official travel on a common carrier shall be made through the city's 25 purchasing division, or other group or individual designated by the city manager to 26 coordinate travel reservations. The purchasing division shall insure that travel is cost- 27 effective and pursuant to all procurement procedures adopted by the city. 28 (f) Fraudulent claims. Any individual receiving an allowance or reimbursement by means of a 29 false claim shall be liable for the amount of the overpayment, plus interest at a rate equal to 30 the average rate currently received on investments and may be subject to termination or 31 disciplinary action as provided by the City Charter, personnel policy or any other applicable 32 policy or law adopted by the city council. 33 (g) Standard procedures. 34 (1) Travel voucher. Travel expense reports, on a form prescribed by the city manager, shall 35 be submitted by all individuals performing official travel within ten working days of the 36 individual's return. Each approved travel expense report will be audited when received. City of Cape Canaveral Ordinance No. 30-2021 Page 5 of 7 1 Individuals requesting reimbursement are responsible for mathematical computation. 2 Any report which is not approved or properly prepared, or is prepared in such a way as 3 to be unauditable, will be returned for resubmission. Travel authorization and all 4 required receipts must be submitted with the expense report in order to claim a 5 reimbursement. 6 (2) Travel advances. 7 (A) Travel advances for overnight travel must be requested at least two weeks in 8 advance of the departure. An explanation as to the reason for travel, the amount 9 of money and correct account to be charged must be indicated on the request. 10 (B) No travel advances will be made for class C travel. Due to tax implications, 11 reimbursement will be made to the employee in the payroll following submission 12 of approved expense report. 13 (C) Any unused portion of money advanced to a traveler shall be repaid immediately 14 upon the return of the traveler. Any unused advance money not repaid within 15 15 calendar days after return of the traveler shall accrue interest at the average rate 16 currently received on city investments. Any city employee not repaying any unused 17 portion of a travel expense advance within 30 days after his/her return will have 18 his/her salary withheld by the city until repayment is made. 19 (D) In instances where a trip should arise for a member of the city council that does 20 not provide ample notice to the council at a public meeting, then, with a minimum 21 of 24 hours' notice, the traveler shall request the city manager to send a memo to 22 the mayor, each council member, city attorney and city clerk advising them of the 23 trip, departure date, justification and return date. At the first regular city council 24 meeting after return from an official trip, the council member shall make a verbal 25 report to the council on the text of the trip. 26 27 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 28 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 29 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 30 31 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 32 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 33 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 34 and like errors may be corrected and additions, alterations, and omissions, not affecting the 35 construction or meaning of this ordinance and the City Code may be freely made. 36 37 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 38 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 39 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 40 shall be deemed a separate, distinct and independent provision, and such holding shall not affect City of Cape Canaveral Ordinance No. 30-2021 Page 6 of 7 1 the validity of the remaining portions of this Ordinance. 2 3 Section 6. Effective Date. This Ordinance shall become effective immediately upon 4 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 5 Charter. 6 7 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of June, 8 2021. 9 10 11 12 Bob Hoog, Mayor 13 14 ATTEST: For Against 15 16 Mike Brown 17 18 Mia Goforth, CMC Robert Hoog 19 City Clerk 20 Mickie Kellum 21 22 Wes Morrison 23 24 Angela Raymond 25 26 27 First Reading: April 20, 2021 28 Advertisement: June 3, 2021 29 Second Reading: June 15, 2021 30 31 32 33 Approved as to legal form and sufficiency 34 for the City of Cape Canaveral only by: 35 36 37 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 30-2021 Page 7 of 7 Attachment 2 An official website of the United States government GSA U.S. General Services Administration FY 2021 Per Diem Rates for Orlando, Florida I'm interested in: Lodging by month (excluding taxes) I October 2020 - September 2021 Cities not appearing below may be located within a county for which rates are listed.To determine what county a city is located in,visit the National Association of Counties (NACO) website (a non-federal website). Primary 2020 2021 County Nov Dec Feb Mar Apr May Jun Jul Aug Sep Destination 0 Oct Jan Orlando Orange $129 $129 $129 $153 $153 $153 $129 $129 $129 $129 $129 $129 Meals & Incidentals (M&IE) Breakdown® Use this table to find the following information for federal employee travel: M&IE Total-the full daily amount received for a single calendar day of travel when that day is neither the first nor last day of travel. Breakfast, lunch, dinner, incidentals-Separate amounts for meals and incidentals. M&IE Total= Breakfast+Lunch+Dinner+Incidentals.Sometimes meal amounts must be deducted from trip voucher.See More Information First & last day of travel-amount received on the first and last day of travel and equals 75% of total M&IE. Primary Continental Incidental First & Last County M&IETotal Lunch Dinner Destination 0 Breakfast/Breakfast Expenses Day of Travel 0 Orlando Orange $66 $16 $17 $28 $5 $49.50 I'm interested in: Last Reviewed:2020-01-10 Attachment 2 An official website of the United States government GSA U.S. General Services Administration FY 2021 Per Diem Rates for Orlando, Florida I'm interested in: Lodging by month (excluding taxes) I October 2020 - September 2021 Cities not appearing below may be located within a county for which rates are listed. To determine what county a city is located in, visit the National Association of Counties (NACO) website (a non-federal website). Primary 2020 2021 County Nov Dec Feb Mar Apr May Jun Jul Aug Sep Destination Oct Jan Orlando Orange $129 $129 $129 $153 $153 $153 $129 $129 $129 $129 $129 $129 Attachment 3 Example Calculation Class A Travel (Continuous travel of 24 hours (or more) away from the City) This scenario is based off the Per Diem Rates For Orlando, Florida https://www.gsa.gov/travel/plan-book/per-diem-rates Scenario: 3 Day Conference (Wednesday thru Friday in the month of March) Arrive Wednesday morning @ 10:00 a.m. for check in Depart Friday Evening @ 7:00 p.m. 2 nights stay No meals included Costs: Description Rate Total Cost 2 Nights @ Hotel $153.00 $306.00 First day of Travel Meals $49.50 $49.50 Thursday M&IE $66.00 $66.00 Last Day of Travel Meals $49.50 $49.50 Total Reimbursement $471.00 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Ordinance No. 31-2021; amending Chapter 62 — Solid Waste, regulating the collection and disposal of solid waste and construction and demolition debris within the jurisdictional limits of the City of Cape Canaveral; 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: On October 21, 2014, the City entered into an exclusive Solid Waste Franchise Agreement (Agreement) with Waste Pro for solid waste collection and disposal within the jurisdictional limits of Cape Canaveral. The Agreement provides that all property owners must utilize the solid waste services provided by the City, to include dumpster service. A City may require that it's solid waste contractor be the sole and exclusive provider of all garbage collection services within its jurisdiction. Additionally, the intrusion of any person or entity into the field of solid waste collection and disposal represents a substantial threat to the public health, safety, and welfare of City residents and property owners and is in violation of the Agreement. Periodically, Staff is aware of the use of non -authorized dumpsters within the City, particularly in conjunction with construction and demolition debris. This has presented a challenge for Code Enforcement Staff as the current definition of solid waste is limited to bulk trash, refuse, vegetative waste and recyclable materials or any combination thereof. Therefore, the City Attorney has prepared Ordinance No. 31-2021 (Attached) to, among other things, amend the term "solid waste," to include a definition of "construction and demolition debris." Furthermore, the Ordinance strengthens the City's ability to enforce the exclusive authority to Waste Pro for solid waste, construction and demolition debris collection, and dumpster service transport and disposal within City limits. However, construction contractors using their own dumpsters remains authorized. At its April 20, 2021 Regular Meeting, the Council approved Ordinance No. 31-2021 at first reading. The Notice of Hearing was placed for advertisement in Florida Today on June 3, 2021 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 05/26/21 Attachment: Ordinance No. 31-2021 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: 05/25/21 The City Manager recommends the City Council take the following action: Adopt Ordinance No. 31-2021 on second reading. Approved by City Manager: Todd Morley Date: 05/26/21 1 ORDINANCE NO. 31-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA; AMENDING CHAPTER 62 — SOLID WASTE, 5 REGULATING THE COLLECTION AND DISPOSAL OF SOLID WASTE 6 AND CONSTRUCTION AND DEMOLITION DEBRIS WITHIN THE 7 JURISDICTIONAL LIMITS OF THE CITY OF CAPE CANAVERAL; 8 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 9 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE 10 CODE, SEVERABILITY AND AN EFFECTIVE DATE. 11 12 WHEREAS, this Ordinance is adopted pursuant to the powers and authority granted to 13 municipalities by the Florida Legislature under Chapters 166, 180, and 403, Florida Statutes, which 14 powers and authority have been traditionally recognized by the courts; and 15 16 WHEREAS, solid waste collection and disposal is a traditional municipal function under 17 Florida law, Bennett Electric Co. v. Village of Miami Shores, 11 F. Supp. 2d 1348 (S.D. Fla. 1998), 18 and a city may require that it be the sole and exclusive provider of garbage service within its 19 jurisdiction. United Sanitation Services of Hillsborough, Inc. v. City of Tampa, 302 So. 2d 435 (Fla. 20 2d DCA 1974); and 21 22 WHEREAS, the City Council desires to emphasize that the City has the exclusive right to 23 regulate solid waste collection and disposal within the jurisdictional limits of the City in accordance 24 with law; and 25 26 WHEREAS, Chapter 62 of the Cape Canaveral Code, and the existing exclusive Solid Waste 27 Franchise Agreement approved in furtherance therewith by and between the City and Waste Pro 28 of Florida, Inc., dated October 21, 2014, as renewed in 2019, provides that all property owners 29 shall be required to utilize the solid waste services provided by the City in accordance with any 30 the franchise and in accordance with other applicable law; and 31 32 WHEREAS, the City Council finds that the intrusion of any person, private or governmental 33 entity or organization into the field of solid waste collection and disposal in violation of the City 34 Code or any applicable City's franchise ordinance is a substantial threat to the public health, safety 35 and welfare of the City and its residents and property owners and the legitimate governmental 36 interest of the City to exclusively provide for the efficient and proper methods of collecting and 37 disposing of solid waste within the jurisdictional boundaries of the City of Cape Canaveral. See 38 Pahokee Housing Authority, Inc. v. South Florida Sanitation Company, 478 So. 2d 1107 (Fla. 4th 39 DCA 1985) (rejecting housing authority's claim that state law exempted housing authority from 40 county's exclusive solid waste franchise); United Sanitation Services of Hillsborough, Inc. v. City of 41 Tampa, 302 So. 2d 435 (Fla. 2d DCA 1974) (garbage enterprise may not only be regulated but also 42 exclusively performed as an essential part of a public service by a municipality even if the exclusive 43 collection of garbage results in the complete preclusion of other such collections); West Coast City of Cape Canaveral Ordinance No. 31-2021 Page 1 of 7 1 Disposal Service, Inc. v. Smith, 143 So. 2d 352 (Fla. 2d DCA 1962); and 2 3 WHEREAS, the City Council declares that it is the City's intention to continue to exercise 4 its authority to regulate the collection and disposal of solid waste within the City and to honor 5 any franchise ordinance and agreement which is awarded by the City; and 6 7 WHEREAS, the City Council desires to amend Chapter 62 of the City Code to strengthen 8 compliance with such intention; and 9 10 WHEREAS, the City Council also desires throughout Chapter 62 to clarify the use of the 11 terms "solid waste" and "construction and demolition debris" given their respective definitions 12 and different meanings, and the term "solid waste" only includes bulk trash, refuse, vegetative 13 waste and recyclable materials or any combination thereof; and 14 15 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 16 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 17 Cape Canaveral. 18 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 20 ORDAINS, AS FOLLOWS: 21 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 22 this reference as legislative findings and the intent and purpose of the City Council of the City of 23 Cape Canaveral. 24 25 Section 2. Amending Chapter 62 of the City Code. The City of Cape Canaveral 26 Code of Ordinances, Chapter 62, is hereby amended as set forth below (underlined type indicates 27 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance 28 of said applicable Division that shall remain unchanged in the City Code): 29 30 31 CHAPTER 62 — SOLID WASTE 32 33 Sec. 62-1. - Definitions. 34 35 The following words, terms and phrases, when used in this chapter, shall have the 36 meanings ascribed to them in this section, except where the context clearly indicates a different 37 meaning: 38 39 Approved container means mechanical, roll -off refuse, recycling and such other recycling 40 containers provided by the collector and acceptable to the city. 41 42 *** City of Cape Canaveral Ordinance No. 31-2021 Page 2 of 7 1 Collector means any person or entity authorized by license or franchise granted by the city 2 to collect and remove solid waste, construction and demolition debris or such other waste 3 regulated by the City. 4 5 Sec. 62-2. Procedures for violations Reserved. 6 7 Violations of this chapter may be enforced by the code enforcement citation system 8 pursuant to Chapter 2, Article VI, Division 3 of this Code. 9 10 Sec. 62-3. Authority of city to collect. 11 12 Unless preempted by law, n-N-othing contained in this chapter shall be construed to prevent 13 the city from creating or acting as its own solid waste, construction and demolition debris or other 14 waste collection or disposal service or facility, either independently, exclusively or in conjunction 15 with others. 16 17 *** 18 Sec. 62-5. Schedule of fees. 19 20 (a) Owners of any residential unit or commercial building within the city receiving 21 collection and disposal services regulated by this chapter shall be required to pay solid waste 22 applicable fees as established by the city council pursuant to this chapter. The schedule of fees is 23 contained in appendix B to this Code and is subject to revision from time to time as may be 24 necessary. 25 26 (b) Failure of users to pay fees within 30 days of the billing date shall be a violation of 27 this chapter. In addition, the city shall have the right to seek enforcement and collection of the 28 overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable 29 attorney's fee and costs, if such civil action is necessary. 30 31 (c) All fees becoming due and payable on or after the effective date of the ordinance 32 from which this chapter is derived shall constitute and are imposed as a special assessment lien 33 against the real property served by the city solid waste collection service, and until fully paid and 34 discharged shall remain liens equal in dignity with the city's ad valorem taxes, and superior in rank 35 and dignity to all liens, encumbrances, titles and claims in, to or against the real property involved. 36 Such fees shall become delinquent if not fully paid within 30 days after the due date. All delinquent 37 service charges shall bear a late charge of ten percent of such fees due. Unpaid delinquent service 38 charges, together with all late charges and fees imposed thereon, shall remain and constitute 39 special assessment liens against the real property involved. 40 41 (d) Each condominium association within the city will be responsible for the monthly 42 condominium solid waste fee provided for in this chapter. 43 City of Cape Canaveral Ordinance No. 31-2021 Page 3 of 7 1 Sec. 62-6. Complaint procedure. 2 3 The collector of solid waste, construction and demolition debris or such other waste 4 covered by this chapter is obligated to promptly respond to all complaints concerning the quality 5 or absence of collection service. All complaints with regard to refuse and trash collection service 6 directed by this chapter shall be made to the city, and subsequently directed to the collector by 7 the city manager or the city manager's designee. 8 9 Sec. 62-7. Transporting. 10 11 (a) All solid waste, construction and demolition debris or such other waste accumulated 12 on real property within the City shall be collected, conveyed and disposed of by the City or its 13 designated agents, licensees, or franchisees pursuant to the terms and conditions adopted by the 14 City for the collection, conveyance and disposal of solid waste, construction and demolition debris 15 or such other waste in accordance with law. 16 17 (b) It shall be unlawful for any person or entity to provide solid waste, construction and 18 demolition or such other waste collection and disposal services to real property located within the 19 jurisdictional limits of the City without having first obtained a franchise or license from the City 20 unless preempted by law. The City shall have the right to impose a franchise or license fee for the 21 use of City rights -of -way, roads, streets, and other public ways. 22 23 (c) It shall be unlawful for any person or entity to provide solid waste, construction and 24 demolition debris or such other waste collection and disposal services to real property within the 25 jurisdictional limits of the City in violation of this chapter or any applicable solid waste franchise 26 or license granted by the City. 27 28 (d) Unless a person shall have been specifically authorized and licensed by resolution of 29 the city council to do so, it shall be unlawful for any person to transport solid waste through or 30 over the public streets or alleys of the city, except as otherwise provided in section 62 11(d). This 31 provision section shall be liberally construed to protect the public health, safety and general 32 welfare of the inhabitants of the city. 33 34 Sec. 62-8. Containers required. 35 36 (a) All owners, residents and all occupants of any residential unit and the owner, user, 37 manager or occupants of any multiple -dwelling unit, or of any place or business or commercial 38 establishment with[in] the city are required to provide at least one container to hold four days' 39 accumulation of solid waste. Sunken containers are specifically prohibited. 40 41 (b) A mechanical container or containers may be used as provided in this chapter. Such 42 container shall be provided by the collector and the city manager shall first determine whether or 43 not a mechanical container shall be provided to any owner, user, manager or occupant so City of Cape Canaveral Ordinance No. 31-2021 Page 4 of 7 1 requesting a mechanical container. Multiple -dwelling units containing less than ten units may be 2 provided a mechanical container at the discretion of the city manager. All commercial 3 establishments (establishments other than professional offices or other offices) shall be required 4 to have mechanical containers at the discretion of the city manager. Properties receiving 5 residential services shall not be permitted to use mechanical containers. 6 7 (c) It shall be the duty of the owner, manager, tenant or occupant of any multiple- 8 dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is 9 furnished or supplied with an individual refuse container or containers or mechanical container or 10 containers adequate and sufficient in size to comply with the terms of this chapter. All such solid 11 waste containers shall be kept tightly covered at all times except when it is necessary to lift the 12 cover for disposal or removal of solid waste or to deposit solid waste therein. It shall be unlawful 13 for any person to deposit solid waste in such amount in the individual refuse containers or 14 mechanical containers that will not permit the cover thereof to be kept tightly in place. 15 16 (d) Construction and demolition debris shall be collected and disposed of using roll- 17 off containers or such other containers approved by the City. Construction and demolition debris 18 services shall be provided by collectors who have been granted a license or franchise by the City. 19 20 *** 21 22 Sec. 62-11. Unlawful acts. 23 24 (a) Obstruction. It shall be unlawful for any person to park a motor vehicle in such a 25 way that the collector cannot service mechanical or roll -off containers or otherwise to block access 26 to such containers. 27 28 (b) Container of another. It shall be unlawful for a person to place solid waste, 29 construction and demolition debris or any other waste in a container assigned to another address, 30 without written permission of the owner. 31 32 (c) Burning or burying of solid waste. It shall be unlawful for any person to bury solid 33 waste, construction and demolition debris or any other waste within the city. No such solid waste 34 shall be burned within the corporate limits of the city. 35 36 (d) Unlawful accumulation. It shall be unlawful for the owner, resident, occupant or 37 manager or person responsible for any land or premises to permit, suffer or allow, either by 38 commission or omission, any accumulation of solid waste upon premises or property within the 39 city for a period longer than four days without having arranged for disposal of the accumulation 40 by the collector to perform such services and it shall be unlawful and a violation of this chapter 41 for any person, whether owner, resident, manager or occupant of any premises to fail to provide 42 a sufficient number of solid waste containers per unit as provided in this chapter to amply provide 43 for any four -day period of solid waste accumulation. Nothing contained in this section shall City of Cape Canaveral Ordinance No. 31-2021 Page 5 of 7 1 prevent the owner or occupant, resident, manager or person responsible for the premises to 2 remove accumulations of solid waste on their own behalf, to a proper place of disposal. 3 4 (e) Unlawful disposal. It shall be unlawful to dump, deposit or dispose of solid waste, 5 construction and demolition debris or any other waste upon the premises of another, or upon any 6 street, alley, parkway or other public property, or any canal, ditch, water, waterway, river, ocean, 7 beach, pool, pond or the like within the city or in the container of another, except that tenants of 8 multiple dwellings or businesses, where authorized, may deposit such accumulations in containers 9 which the owner or manager of the multiple dwelling or business building has authorized for the 10 use of the tenants thereof. 11 12 (f) Hazardous waste. It shall be unlawful for any person to dump, deposit or dispose 13 of any hazardous waste in or around public/private refuse or mechanical containers from which 14 the collector removes solid wastes for the city. 15 16 (g) Construction and demolition debris. The contractor and owner of any active or 17 inactive construction project shall be responsible for the clean-up and removal of 18 all construction and demolition debris or any other miscellaneous discarded articles during the 19 entire duration of the construction project and prior to receiving final inspection 20 approval. Construction and demolition debris must be collected and stored in roll -off or other 21 City approved containers and such containers must be regularly serviced by the collector when 22 the container is full in order to avoid overflow of construction and demolition debris. 23 24 *** 25 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 26 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 27 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 28 29 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 30 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 31 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 32 and like errors may be corrected and additions, alterations, and omissions, not affecting the 33 construction or meaning of this ordinance and the City Code may be freely made. 34 35 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 36 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 37 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 38 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 39 the validity of the remaining portions of this Ordinance. 40 41 Section 6. Effective Date. This Ordinance shall become effective immediately upon 42 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 43 Charter. City of Cape Canaveral Ordinance No. 31-2021 Page 6 of 7 1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of June, 2 2021 3 4 5 6 7 Bob Hoog, Mayor 8 9 ATTEST: For Against 10 11 Mike Brown 12 13 Mia Goforth, CMC Robert Hoog 14 City Clerk 15 Mickie Kellum 16 17 Wes Morrison 18 19 Angela Raymond 20 21 22 First Reading: April 20, 2021 23 Advertisement: June 3, 2021 24 Second Reading: June 15, 2021 25 26 27 28 Approved as to legal form and sufficiency 29 for the City of Cape Canaveral only by: 30 31 32 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 31-2021 Page 7 of 7 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Designate one (1) City Official to be the Voting Delegate at the Florida League of Cities 2021 Annual Conference scheduled for August 12-14, 2021 in Orlando, Florida and decide if it wishes to propose resolution(s) for the League's consideration. Department: City Clerk's Office Summary: The Florida League of Cities (FLC) is the united voice for Florida's municipal governments. Its goals are to promote local self-government and serve the needs of Florida's municipal governments. Growing from a small number of cities and towns, it now represents more than 400 cities, towns and villages. The League is governed by a Board of Directors comprised of elected municipal officials. The FLC 2021 Annual Conference is scheduled for August 12-14, 2021 at the World Marriott Center in Orlando, Florida. League By -Laws require that each member municipality sending delegates to the Annual Conference of the FLC designate one (1) of its officials to cast its votes at the Annual Business Session. Additionally, FLC adopts resolutions each year to take positions on commemorative, constitutional or Federal issues. If City Council wishes to propose such a resolution, the League must receive it no later than July 7, 2021. At the time of this Agenda Item's creation, FLC had not finalized/distributed memoranda and forms regarding the 2021 Annual Conference, and thus are not attached. Staff requests Council designate one (1) City Official to be the Voting Delegate at the Conference and decide if it wishes to propose resolution(s) for the League's consideration. Submitting Department Director: Mia Goforth Date: 05/28/21 Attachments: None. Financial Impact: Cost of travel, meals, accommodations and registration at Conference; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 05/27/21 The City Manager recommends the City Council take the following actions: Designate one (1) City Official to be the Voting Delegate at the Florida League of Cities 2021 Annual Conference scheduled for August 12-14, 2021 in Orlando, Florida and decide if it wishes to propose resolution(s) for the League's consideration. Approved by City Manager: Todd Morley Date: 05/28/21 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley. Department: Human Resources Summary: Section 2, Salary and Evaluation, sub -section "B" of the Excerpt from City Manager Employment Agreement (Attachment 1) allows consideration for an adjustment to the base salary and/or other benefits based upon an annual performance evaluation which is required to occur between May and July of each year. City Council Member individual reviews were combined into the 2021 Composite Performance Evaluation (Attachment 2). A summary of all evaluation scores was combined into the document Composite Scores (Attachment 3). The City Council is requested to ratify the Composite Performance Evaluation and then discuss and determine how to proceed with the provisions of the Employment Agreement. Submitting Department Director: Melinda Huser Date: 05/26/21 Attachment: 1. Excerpt from City Manager Employment Agreement. 2. 2021 Composite Performance Evaluation for City Manager Todd Morley. 3. Composite Scores for Performance Evaluation for City Manager Todd Morley. Financial Impact: Staff time and effort to prepare this agenda item; cost impact dependent upon the actions of the City Council. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 05/26/21 Attachment 1 EXCERPT FROM CITY MANAGER EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement"), is approved and entered into on this 21st day of July, 2020 by and between the City of Cape Canaveral, Florida, a Florida municipal corporation (hereinafter referred to as "City"),and Todd Morley (hereinafter referred to by name or as "City Manager"). Section 2. Salary and Evaluation. A. For the performance of services pursuant to this Agreement, the City agrees to pay the City Manager an annual base salary of One Hundred Eighteen Thousand and No/100 Dollars ($118,000.00), payable in installments at the same time as other City employees are paid with an evaluation for a potential increase in the base salary as determined by the City Council at the Council's discretion. B. In addition to the provisions of subparagraph A above, the City agrees to consider adjustments of said base salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Council may determine desirable on the basis of an annual performance evaluation of the City Manager. The City Manager shall timely recommend the form of evaluation to be used under this Agreement. However, the City Council shall be solely responsible for approving the form to be used. The evaluation shall be made between May and July of each year in which this Agreement is effective unless otherwise determined by the City Council. C. All salary shall be paid less appropriate deductions for employment taxes, income tax and other lawful withholdings. The City Manager shall not be entitled to overtime or compensatory benefits. Attachment 2 2021 Composite Performance Evaluation for City Manager Todd R.Morley Employee:Todd R. Morley Date presented: 6/15/2021 Evaluation Period: June 2020 through May 2021 Employment Effective Date: 6/16/2020 Objectives: • To evaluate the City Manager's performance of widely varied duties and responsibilities. • To evaluate certain skills and traits that shape a successful City Manager's ability to perform widely varied duties and responsibilities. • To assess the quality of municipal services by measuring the management team's level of performance in specific functional areas. • To enable the City Council to identify and address specific strengths, areas needing improvement, and performance objectives for the next evaluation period. • To provide a management tool for continued improvement of the City administration. Methods: The Mayor and City Council members are to individually assess performance criterion by placing an "x" on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The performance standard evaluation scale is defined as follows: 1. Below expectations — Intolerable behavior or poor performance. 2. Marginal — Performance that is below recognized standards. Problems may exist in the quality, quantity, or timeliness of work performance and more than normal attention to improvement is required. Serves as a warning that work efforts could easily become unsatisfactory if not corrected. 3. Acceptable — Performance that requires only normal correction. Quality, quantity and timeliness of work are generally good. This is a person doing an average job when performance is compared to that of peers. 4. Optimal — The unusual performance with a minimum of direction needed and, with rare exception, good quality, quantity, and timeliness. This is a person doing an excellent job under ordinary circumstances. 5. Exceeds expectations—Outstanding performance.This is a person who constantly delivers above and beyond expectations of the job, always presenting excellent quality and quantity in a timely manner. This performance assessment may involve comparison to past performance, the performance of other similar municipalities, or another standard as determined by the evaluator, but should focus on performance during the specified evaluation period. Page 1 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley City Council members are encouraged to note strong points and/or concerns in the comment section following the assessment of each performance criterion. Results: Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate and summarize the results into a final report that will later be presented to the City Council and the City Manager. Section I. Area Evaluation Rate the City Manager's performance in each of the areas below by placing an "1" or"x" above the number you feel best describes the City Manager's performance in that area. 1 = Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Communications Mayor Council Council Council Mayor Composite Name Mayor Pro Tem Member Member Member Score Hoog Raymond Brown Kellum Morrison Score 5 4.75 4.75 4.75 5 4.85 2020 Composite: N/A Description: Maintains constructive relations and communicates clearly with City Council, Department Directors, employees, residents, the general public, and intergovernmental agencies; demonstrates effective listening, oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to inform the community about Council actions and policies, plans for the future, and the economic outlook of the city. Comments: Mayor Hoog: Todd communicates well with Council in all manners, personally, one-on-one, with Council, Staff-Media and with his open door policy. Mayor Pro Tem Raymond: Council Member Brown: City Manager performs consistently above expectations in the area of communications. City Manager ensures that all communications between/with Council are clear and simple. City Manager has developed an excellent rapport with the Citizens of Cape Canaveral. Council Member Kellum: It will be great to start the "Coffee with the City Manager" community meetings again. Open door policy is awesome. Page 2 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley Council Member Morrison: 2. Relationship with City Council Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 4.75 4.75 4.75 4.75 5 4.80 2020 Composite: N/A Description: Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members informed of current issues and remains accessible; provides support in carrying out Council decisions. Comments: Mayor Hoog: Todd does an excellent job in communicating with the Council and the Public. He will respond promptly with information from various organizations, and forwarding this information to Council, and the residents as well as all Council decisions. Mayor Pro Tem Raymond: Good communication skills. Council Member Brown: City Manager works diligently to keep lines of communication open with the Council. City Manager expeditiously responds to request from Council Members. City Manager has always been accessible. Council Member Kellum: Todd always answers calls and texts. Council Member Morrison: 3. Budgeting Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 5 4.75 4.5 4.75 4.25 4.65 2020 Composite: N/A Description: Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented, organized, and one which closely represents the goals of the City Council. Page 3 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley Comments: Mayor Hoog: Todd has worked well with Staff in all respects of Budgets, Capitol Projects and Community input. The Budget process is a very demanding process for the City operation, which has been handled very well under Todd Morley's leadership. Mayor Pro Tem Raymond: Council Member Brown: City Manager anticipates the needs of the community and presents a timely annual budget. Council Member Kellum: Council Member Morrison: 4. Financial Management Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 5 5 4.75 4.75 4.25 4.75 2020 Composite: N/A Description: Accurately and precisely reports and projects the financial condition, budgets realistically; implements management practices and policies to maintain or achieve a sound long- term financial condition; uses debt appropriately; plans for the long-term replacement and maintenance of equipment and infrastructure. Comments: Mayor Hoog: This is one of the many areas in the operation of the City that requires one's undivided attention. Many areas we are experiencing at this time. The MGF Facility, W. Central Blvd., Lift Station #3, and the other events that take place in a day. This requires good leadership skills. This we have with Todd and his well fitted Staff. Mayor Pro Tem Raymond: Council Member Brown: City Manager ensures that Financial Services Director keeps Council abreast of any issues involving the financial position/condition of City. City Manager seeks to provide funds/grants to augment budget. Implements sound financial practices. Council Member Kellum: Council Member Morrison: Page 4 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley 5. Asset Management Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 4.75 4.75 4.75 4.75 4.75 4.75 2020 Composite: N/A Description: Oversees appearance &condition of City-owned facilities, equipment, and vehicles; reviews equipment and property for the purpose of future development/replacement. Comments: Mayor Hoog: The City facilities are well maintained. The City vehicle fleet is very well in place, and is on a replacement cycle as needed. Mayor Pro Tem Raymond: Council Member Brown: City Manager works diligently to oversee City's appearance. There are still a few properties that need to be addressed. Council Member Kellum: Council Member Morrison: 6. Planning and Organization Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 4.75 4.75 4.5 4.75 4.5 4.65 2020 Composite: N/A Description: Works with the City Council in developing the City's long and short term goals, objectives, vision and strategic plan; makes efforts to carry out the goals, policies, and programs of the Council; demonstrates the ability to anticipate the needs of the City and recommends options to appropriately respond to those needs. Comments: Mayor Hoog: Todd had managed to put the Strategic Planning Retreat together, secure a moderator, have all Staff and Contractual Departments in attendance, and put the Cities future in place in spite of a pandemic. This was a well-organized Retreat, and very beneficial to the City's future needs. Mayor Pro Tem Raymond: Page 5 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley Council Member Brown: City Manager was instrumental in selecting excellent facilitator for Strategic Planning event. He ensures that long and short-term goals/objectives of Council are implemented. Council Member Kellum: Todd always keeps the City and Residents best interests number 1 in planning the future of our City. Council Member Morrison: 7. Decision Making Mayor Council Council Council Mayor Composite Name Hoog Pro Tem Member Member Member Score Raymond Brown Kellum Morrison Score 4.75 4.5 4.75 5 4.75 4.75 2020 Composite: N/A Description: Makes timely decisions that are well thought out and in the best interest of the City; accepts responsibility for outcomes; handles difficult situations in a professional and proactive manner. Comments: Mayor Hoog: Todd has made some tough decisions during these trying times. He seeks advice and input in an unbiased way. Handles situations swiftly and without question to the satisfaction of the best interest of the City. Mayor Pro Tem Raymond: Council Member Brown: Independently identifies and manages situation or incidents. Prevents potential problems and takes proactive measures. Council Member Kellum: I like Todd's ability to own any mistakes Council Member Morrison: 8. Council Meetings Mayor Council Council Council Mayor Composite Name Hoog Pro Tem Member Member Member Score Raymond Brown Kellum Morrison Score 5 5 4.75 4.75 5 4.90 2020 Composite: N/A Description: Attends all meetings, informs City Council in advance of future non-attendance, and arranges for appropriate staff to attend; provides, on a timely basis, necessary documentation and information related to issues presented during meetings; participates in discussions and makes Page 6 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley appropriate recommendations; provides timely agenda. Comments: Mayor Hoog: Todd attends all City Council Meetings with all the needed information. He is well versed on all the issues. Meeting one-on-one with Todd and Staff before Council meets is very advantageous, as any questions are answered to your understanding. This saves time and unnecessary delay at the Council Meeting. Mayor Pro Tem Raymond: Council Member Brown: City Manager ensures that pre-Council meetings are scheduled. City Manager provides documentation and information for Council. He participates in discussions at Council Meetings and makes appropriate recommendations. Council Member Kellum: Todd is very patient. Council Member Morrison: 9. Professional and Leadership Skills Mayor Council Council Council Name Mayor Pro Tem Member Member Member Composite Score Hoog Raymond Brown Kellum Morrison Score 5 4.75 4.75 4.75 5 4.85 2020 Composite: N/A Description: Represents the City in a professional manner; demonstrates a high degree of integrity; displays ability to handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in dealing with sensitive matters and in dealing with others; maintains an overall personable and warm attitude. Comments: Mayor Hoog: Todd's professional manners are very acceptable. He handles matters with integrity and a good thought process, quick and meaningful decision. Mayor Pro Tem Raymond: He is highly respected in Brevard County. Todd knows all of the City Managers and works well with them in a cooperative manner. Council Member Brown: City Manager is very outgoing and personable. He represents the City in a professional manner. He is an example to Staff and Council. Council Member Kellum: Council Member Morrison: Page 7 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley 10. Community Relations Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 4.75 4.75 4.75 4.75 5 4.80 2020 Composite: N/A Description: Maintains positive relations with community groups and organizations; attends community functions and designates appropriate staff to promote City Council through speaking engagements at civic and other such types of meetings; properly handles complaints from citizens. Comments: Mayor Hoog: Todd has developed a positive relationship within the County Managers Organization and our County Representatives. Todd has been to several Community Events on behalf of the City. He stays well-informed with Civic activities. Mayor Pro Tem Raymond: Council Member Brown: City Manager maintains positive relationships with community groups and organizations. He projects a positive image for the City Manager position. He attends City functions. City Manager meets with and listens to members of community to discuss their concerns and attempts to understand their interests. Council Member Kellum: Council Member Morrison: Other Comments for Section I: Mayor Hoog: Todd has done a very good job at being pro-active in all aspects of management of City affairs. I say this because I hear no complaints from Staff or the Citizens. Mayor Pro Tem Raymond: Council Member Brown: Council Member Kellum: Council Member Morrison: 2021 Section I. Average: 4.78 2020 Section I. N/A Page 8 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley Section II. Skills &Traits Evaluation 1 = Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Planning Skills Mayor Council Council Council Mayor Composite Name Hoog Pro Tem Member Member Member Score Raymond Brown Kellum Morrison Score 4.75 4.75 4.75 4.75 4.75 4.75 2020 Composite: N/A Description: Anticipates future needs, identifies viable options, and implements appropriate measures to achieve goals; anticipates and analyzes problems and plans effective solutions. Comments: Mayor Hoog: As I mentioned at the end of Section 1 — Todd is pro-active to the needs of the City Council, City, and City Staff. His method of leadership has shown in the past year. Mayor Pro Tem Raymond: Council Member Brown: City Manager anticipates and analyzes problems and develops effective approaches for solving them. He is willing to try new ideas proposed by Staff and Council. Council Member Kellum: Great job with the Strategic Planning Retreat. Council Member Morrison: 2. Leadership Skills Mayor Council Council Council Mayor Composite Name Hoog Pro Tem Member Member Member Score Raymond Brown Kellum Morrison Score 5 4.75 4.75 5 4.75 4.85 2020 Composite: N/A Description: Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as necessary; delegates to appropriate levels in the organization. Comments: Mayor Hoog: Todd has built a good, effective working relationship with Staff and Council. He shows good leadership skills overall. Mayor Pro Tem Raymond: Todd has maintained a peaceful work environment with his Staff. Most employees enjoy working for the City of Cape Canaveral and this is due to a lot of positive Page 9 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley reinforcement and good training and leadership that starts at the top. Council Member Brown: Encourages teamwork, innovation, and effective problem-solving among Staff members. Council Member Kellum: Council Member Morrison: 3. Negotiating Skills Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 4.75 4.75 4.5 5 4.75 4.75 2020 Composite: N/A Description: Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively with developers and other interest groups, other governments, and individuals to reach agreements that protect the community interest. Comments: Mayor Hoog: Todd has been effective as Manager with working with outside interest, works with County and Cities effectively. Todd has the necessary skills to meet with the Developers and their needs to the betterment of the City. Mayor Pro Tem Raymond: In the 24/7 job, Todd remains calm and responds well. He can make tough decisions in a fair manner. Council Member Brown: City Manager has effective verbal communication which is a prerequisite of a good negotiator. He puts the interest of the community first. Council Member Kellum: Council Member Morrison: 4. Creativity Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 4.75 4.75 4.75 4.75 4.75 4.75 2020 Composite: N/A Description: Identifies effective, efficient, and when necessary, innovative solutions to problems. Page 10 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley Comments: Mayor Hoog: Todd has worked with Staff and the Departments to develop an effective means to solve ongoing problems. Mayor Pro Tem Raymond: Council Member Brown: City Manager is creative and explores all possibilities when dealing with matters. Council Member Kellum: Council Member Morrison: 5. Honesty/Fairness Mayor Council Council Council Mayor Composite Name Hoog Pro Tem Member Member Member Score Raymond Brown Kellum Morrison Score 5 4.75 4.75 5 5 4.90 2020 Composite: N/A Description: Is consistently open, straightforward, and impartial. Comments: Mayor Hoog: I find Todd as a fair, unbiased person, an honest person, that will find a fair, unbiased answer to any and all problems. Mayor Pro Tem Raymond: One does not have to second-guess Todd. He tells it like it is. He is responsible and takes pride in his work. Council Member Brown: City Manager is truthful and fair. Council Member Kellum: Council Member Morrison: 6. Adaptability Mayor Council Council Council Mayor Composite Name Hoog Pro Tem Member Member Member Score Raymond Brown Kellum Morrison Score 4.75 4.75 5 4.5 4.75 4.75 2020 Composite: N/A Description: Responds positively in a timely manner to a changing world and local conditions. Comments: Page 11 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley Mayor Hoog: I have seen Todd solve a situation, timely, fair and without time wasted to get a solution. Mayor Pro Tem Raymond: Council Member Brown: City Manager adapted well to issues involving COVID-19, and responded accordingly Council Member Kellum: Council Member Morrison: 7. Initiative Mayor Council Council Council Mayor Composite Name Hoog Pro Tem Member Member Member Score Raymond Brown Kellum Morrison Score 4.75 4.75 4.75 4.75 4.5 4.70 2020 Composite: N/A Description: Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve organizational effectiveness and efficiency. Comments: Mayor Hoog: Todd is always looking for solutions to meet the needs. He does it with a tactful demeanor, does not offend anyone, with a set procedure and will develop a solution. Mayor Pro Tem Raymond: Council Member Brown: Council Member Kellum: Council Member Morrison: 8. Resiliency Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 5 4.75 4.75 4.75 5 4.85 2020 Composite: N/A Description: Maintains energy and motivation in spite of constant demands; handles stress well. Page 12 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley Comments: Mayor Hoog: I have never seen Todd in a stressed mood, in spite of the surrounding situation. Always ready to take on the situation. Mayor Pro Tem Raymond: Todd has a calm approach to life. He is organized and knows how to set priorities. He was able to maintain the City's workload during an extremely trying time — Pandemic of 2020. He helped the Staff and City Council to adapt to new technologies to keep the City moving forward. Council Member Brown: Council Member Kellum: Council Member Morrison: 9. Humor Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 5 4.75 4.75 5 5 4.90 2020 Composite: N/A Description: Maintains and shares an appropriate sense of humor to lighten the load. Comments: Mayor Hoog: Todd is always in a good relaxed mood, in meetings with Council, one-on-one and around Staff. This shows good character and good leadership. Has a good sense of humor. Mayor Pro Tem Raymond: Todd has the ability to laugh at himself and/or share the humor about the absurdities that are sometimes presented to him or the City. Council Member Brown: City Manager has a sense of humor which is often needed for his position. Council Member Kellum: Council Member Morrison: 10. Ethical Standards Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 5 4.75 4.75 4.75 5 4.85 2020 Composite: N/A Page 13 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley Description: Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics." Comments: Mayor Hoog: Todd has been in many different professions throughout his career. He shows good professionalism, good leadership and good ethics. Holds himself to high standards. Mayor Pro Tem Raymond: Council Member Brown: City Manager is respectful, caring, and fair. Council Member Kellum: Council Member Morrison: 11. Job Knowledge Mayor Council Council Council Mayor Composite Name Hoog Pro Tem Member Member Member Score Raymond Brown Kellum Morrison Score 4.75 4.75 4.5 4.75 4.75 4.70 2020 Composite: N/A Description: Has a solid knowledge of all phases of municipal government. Comments: Mayor Hoog: I cannot honestly say Todd has solid knowledge in all phases of City Government. I don't think anybody knows all things, as we can all learn every day. But I can say Todd has been tested in a few good situations of City Events and has proven himself, in Finance, Capitol Projects, Person-to-Person contact and in Public Events. His past with the City shows in his leadership. Mayor Pro Tem Raymond: Due to Todd's employment with the City for about 20 years, he has developed good working relationships with the City Staff, Council, other Brevard County Elected Officials & City administrators and residents. He understands the job of all his directors and supports the City employees. Council Member Brown: City Manager is well on his way to learning this new position. He has performed admirably in his new position. Council Member Kellum: Council Member Morrison: Page 14 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley 12. Operational Efficiency Mayor Council Council Council Mayor Composite Name Pro Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison Score 4.75 4.75 4.75 4.75 4.75 4.75 2020 Composite: N/A Description: Generally, obtains the best possible result for the resources expended. Comments: Mayor Hoog: I think Todd has done an excellent job in all aspects of operations with good results and wishing him the best in all future expenditures for Departments of the City as a whole. Mayor Pro Tem Raymond: Council Member Brown: Council Member Kellum: Council Member Morrison: Other Comments: Mayor Hoog: I feel Todd has done an excellent job as City Manager the short time he has been in this leadership role with the City. His past with the City shows. Mayor Pro Tem Raymond: Council Member Brown: Council Member Kellum: Council Member Morrison: 2021 Section II. Average: 4.79 2020 Composite: N/A Page 15 of 19 2021 Composite Performance Evaluation for City Manager Todd R Morley Section III. Quality of Municipal Service by Department/Division Rate the quality of service provided by each of the functional departments and divisions below by placing an "V" or "x" in the block beneath the number which you feel best describes the quality of service. 1 = Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations; N/S = Not Scored Section III. Qualityof Municipal Mayor Pro Council Council Council Mayor Composite Tem Member Member Member Service by Department/Division Hoog Score Raymond Brown Kellum Morrison City Clerk's Office 5 5 5 5 5 5.00 Admin/Financial Services 5 5 4.75 5 4.5 4.85 Audit/Financial Services 5 5 4.75 5 4.5 4.85 Contract Utility Billing Services 5 5 4.75 5 4.5 4.85 Human Resources/Risk Mgmt. 5 5 4.75 5 4.5 4.85 Community& Economic Development 4.75 5 4.75 4.75 3.75 4.60 Building/Code Enforcement 4.75 5 4 4.75 2.75 4.25 Local Business Tax Receipts 4.75 5 4.75 4.75 4.5 4.75 Planning and Zoning 4.75 5 5 5 4 4.75 Sustainability 4.75 5 5 5 5 4.95 Leisure Services 5 5 5 5 4.75 4.95 Culture &Community Affairs 5 5 5 4.75 4.75 4.90 Public Works Services 5 5 4.75 5 4.75 4.90 Stormwater 5 5 4.75 5 4.75 4.90 Infrastructure Maintenance 5 5 4.75 5 4.75 4.90 Collections/Reclaim Field Services 5 5 5 5 4.75 4.95 Plant Operations 5 5 4.75 5 4.75 4.90 Contracted Services Engineering Services(Contracted) 5 5 4.75 5 4.5 4.85 Fire/Rescue Services(Contracted) 5 5 5 5 5 5.00 Police Services(Contracted) 5 5 5 5 5 5.00 Solid Waste Recycling(Contracted) 5 5 5 5 5 5.00 4.85 Specific Comments: Mayor Hoog: Zoning issues should be priority.We have problems to be solved. Issues with blight, needs C.E. action. We have non-conformity issues that need correction. They have been existing for years. If we don't have the tools in the tool box, let's put them there. This will help P&Z, Page 16 of 19 2021 Composite Performance Evaluation for City Manager Todd It Morley Community Development, Code Enforcement, and BCSO. We now have the Staff to do the required action; Let's move forward. Mayor Pro Tem Raymond: Council Member Brown: Council Member Kellum: Council Member Morrison: 2021 Section III. Average: 4.85 2020 Composite: N/A Section IV. Strengths, Weaknesses, Performance Objectives Strengths: What do you feel were the City Manager's strongest points and finest accomplishments for this evaluation period? Mayor Hoog: Integrity, unbiased solutions and his willingness to further expand his knowledge of City Government, which builds a strong and fair leader. Mayor Pro Tem Raymond: The ability to be resilient during the Pandemic of 2020-2021. His adaptation to new technologies was an outstanding accomplishment. He spent a lot of time and effort testing ways for our City Staff and Council to continue working in a positive direction. He kept a cool head while facing this formidable challenge. Council Member Brown: City Manager has been flexible and creative while dealing with issues involving COVID-19. He handled these challenges most effectively. City Manager communicated frequently with Residents and Council on other issues pertaining to our community. Council Member Kellum: Todd has a lot of patience. He has held it together through the past crazy year. He is honest - has a great sense of humor. Council Member Morrison: The City Manager stepped into a very challenging circumstance and overcame many obstacles which shows he has great resiliency. He has shown that he can stay calm through the tough issues and work to find a solution that helps bridge the gap. Weaknesses: What area(s) of the City Manager's performance do you feel most needs improvement? Do you have any suggestions for improvement in these areas? Page 17 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley Mayor Hoog: Todd is in a demanding position. All areas at some time create a demand. You improve by solving the demand without the loss and confidence of your Staff and Council. You cannot improve something that does not exist. Mayor Pro Tem Raymond: Council Member Brown: Council Member Kellum: I believe Todd is always striving to do and be the best City Manager. Council Member Morrison: Utilizing and sharing key performance metrics that are important to the Administration, Council and ultimately citizens of Cape Canaveral. New Objectives: List new priorities you would like to see the City Manager address in the next year. Mayor Hoog: Stay the course with the present as they exist. Implement new ideas from the Retreat. Follow the Vision of the City. Mayor Pro Tem Raymond: Council Member Brown: A grandiose sense of arrival sign for Cape Canaveral. Possible grants for "tired properties" in Cape Canaveral. Ensuring that our Citizens stay safe. Council Member Kellum: 1. Buying green space lots. 2. Be open minded about new ideas. Like Golf Carts. 3. Continue to have an open door policy. Council Member Morrison: Identify ways to decrease budget expenditures to allow for Council to have the opportunity to vote in fee/tax decreases, pay down debt and identify ways to make City owned assets/property cost neutral over time. Improve Code Enforcement and permitting process to expedite and increase online access/transparency with the new software. Work on enhancing the beach access and beaches as Council supports. Improve virtual access to City Meetings and records. Improve Code Enforcement's approach to managing issues and cases. Maintain persistence on improving the safety of A1A. City Manager Performance Evaluations conducted by the Mayor, Mayor Pro Tem and Council Members are retained by the Human Resource Director. This document represents the scores and comments of all as submitted. Employee Response: Page 18 of 19 2021 Composite Performance Evaluation for City Manager Todd R.Morley Acknowledgement Signature acknowledges receipt of performance evaluation ONLY and shall not be interpreted as agreement with the substance and/or content of the document. Todd R. Morley Date City Manager City of Cape Canaveral Page 19 of 19 Attachment 3 Composite Scores Performance Evaluation for City Manager Morley Evaluation Period June 2020 through May 2021 Presented June 2021 Mayor Pro Council Council Council Mayor Composite Section I. Area Evaluation Tem Member Member Member Hoog Score Raymond Brown Kellum Morrison 1 Communications 5 4.75 4.75 4.75 5 4.85 Relationship with City 2 Council 4.75 4.75 4.75 4.75 5 4.80 3 Budgeting 5 4.75 4.5 4.75 4.25 4.65 Financial 4 Management 5 5 4.75 4.75 4.25 4.75 5 Asset Management 4.75 4.75 4.75 4.75 4.75 4.75 Planning and 6 Organization 4.75 4.75 4.5 4.75 4.5 4.65 7 Decision Making 4.75 4.5 4.75 5 4.75 4.75 8 Council Meetings 5 5 4.75 4.75 5 4.90 Professional and 9 Leadership Skills 5 4.75 4.75 4.75 5 4.85 10 Community Relations 4.75 4.75 4.75 4.75 5 4.80 4.78 N/S = Not Scored Mayor Pro Council Council Council Section II. Skills & Traits Mayor Composite Tem Member Member Member Evaluation Hoog Score Raymond Brown Kellum Morrison 1 Planning Skills 4.75 4.75 4.75 4.75 4.75 4.75 2 Leadership Skills 5 4.75 4.75 5 4.75 4.85 3 Negotiating Skills 4.75 4.75 4.5 5 4.75 4.75 4 Creativity 4.75 4.75 4.75 4.75 4.75 4.75 5 Honesty/Fairness 5 4.75 4.75 5 5 4.90 6 Adaptability 4.75 4.75 5 4.5 4.75 4.75 7 Initiative 4.75 4.75 4.75 4.75 4.5 4.70 8 Resiliency 5 4.75 4.75 4.75 5 4.85 9 Humor 5 4.75 4.75 5 5 4.90 10 Ethical Standards 5 4.75 4.75 4.75 5 4.85 11 Job Knowledge 4.75 4.75 4.5 4.75 4.75 4.70 12 Operational Efficiency 4.75 4.75 4.75 4.75 4.75 4.75 4.79 N/S = Not Scored 1 Mayor Pro Council Council Council Section III. Quality of Municipal Mayor Composite Service by Department/Division Hoog Tem Member Member Member Score Raymond Brown Kellum Morrison City Clerk's Office 5 5 5 5 5 5.00 Admin/Financial Services 5 5 4.75 5 4.5 4.85 Audit/Financial Services 5 5 4.75 5 4.5 4.85 Contract Utility Billing Services 5 5 4.75 5 4.5 4.85 Human Resources/Risk Mgmt. 5 5 4.75 5 4.5 4.85 Community & Economic Development 4.75 5 4.75 4.75 3.75 4.60 Building/Code Enforcement 4.75 5 4 4.75 2.75 4.25 Local Business Tax Receipts 4.75 5 4.75 4.75 4.5 4.75 Planning and Zoning 4.75 5 5 5 4 4.75 Sustainability 4.75 5 5 5 5 4.95 Leisure Services 5 5 5 5 4.75 4.95 Culture & Community Affairs 5 5 5 4.75 4.75 4.90 Public Works Services 5 5 4.75 5 4.75 4.90 Stormwater 5 5 4.75 5 4.75 4.90 Infrastructure Maintenance 5 5 4.75 5 4.75 4.90 Collections/Reclaim Field Services 5 5 5 5 4.75 4.95 Plant Operations 5 5 4.75 5 4.75 4.90 Contracted Services Engineering Services (Contracted) 5 5 4.75 5 4.5 4.85 Fire/Rescue Services (Contracted) 5 5 5 5 5 5.00 Police Services (Contracted) 5 5 5 5 5 5.00 Solid Waste Recycling (Contracted)5 5 5 5 5 5.00 4.85 N/S = Not Scored 2020-2021 I Section I. Area Evaluation 4.78 Section II. Skills & Traits Evaluation 4.79 Section III. Quality of Municipal 4.85 All Sections Average 4.81 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • ITEM #11 Subject: Discuss and recommend a name for the building under construction at 7920 Orange Avenue, currently referred to as the Multi -Generational Facility. Department: Leisure Services Summary: With construction on the City's long -planned recreational facility at Canaveral City Park, 7920 Orange Avenue, Staff has determined the time is appropriate to propose adoption of an official name for the building. It has been referred to by a number of informal names, including "multi -generational recreational facility" during the January 17, 2012 City Council Meeting, "Multigenerational Center" when the earliest stages of the Project first appeared in the 5-Year Capital Improvement Plan (CIP) portion of the City's Fiscal Year 2012/2013 Budget (adopted in September, 2012) and, most recently, an effort to consistently refer to it as the Multi -Generational Facility (MGF) from 2018-onward. Staff also discovered a similar concept referred to as a recreation facility "for young and old" in an un-dated City questionnaire dating back to 1968. On May 6, 2021 Staff emailed City Council requesting input on selecting a Staff generated name, "Canaveral City Park Community Center — A Multi -Generational Facility" or suggesting a different name for consideration/discussion. Subsequently, a public survey was created and posted to the City's social media channels to acquire input from residents, which remained open from May 17, 2021 through May 28, 2021. 48 responses were received from the survey with 27.08% (13) of respondents choosing the Staff -generated name and 72.92% (35) of respondents opting to provide their own name. The attached MGF Naming Survey Tally outlines all responses received from City Council and the general public. City Council is requested to discuss and recommend a name for the MGF, which will be adopted via a resolution at the July 20, 2021 Council Meeting. Submitting Department Director: Gustavo Vergara Date: 06/01/21 Attachment: MGF Naming Tally Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 06/01/21 The City Manager recommends the City Council take the following action: Discuss and recommend a name for the building under construction at 7920 Orange Avenue, currently referred to as The Multi -Generational Facility. Approved by City Manager: Todd Morley Date: 06/01/21 MGF Naming Survey Tally Name CCPCC-A MGF Alternate Name Mayor Bob Hoog No Comment Mayor Pro Tem Raymond Cape Canaveral Community Center Council Member Kellum The Rocky Randels Community Center Council Member Brown No Comment Council Member Morrison No Comment Public Surveys- Date Received 5/28/2021 Cape Canaveral Community Center 5/28/2021 Cape Canaveral Community Center(CCCC) 5/28/2021 Canaveral Community Center 5/28/2021 Anything but the first choice:-) 5/28/2021 Canaveral City Community Center-A MultiGene 5/28/2021 Burnham hall 5/28/2021 Canaveral City Community Center(CCCC) 5/28/2021 Canaveral "HappySpace" Community Center 5/28/2021 Cape Canaveral Community Center 5/28/2021 Waste of money 5/28/2021 Cape Canaveral Community Center 5/28/2021 Cape Canaveral Family Center 5/28/2021 Cape Canaveral RecPlex 5/26/2021 Mills Burnham Center 5/22/2021 BLOCKING MY VIEW FACILITY 5/20/2021 Alan Shepard City Park Community Center 5/20/2021 Canaveral Community Complex 5/20/2021 Canaveral Community Center 5/20/2021 Rocky Randels Community Center 5/20/2021 Canaveral Community Complex 5/20/2021 Canaveral Community Complex 5/20/2021 Canaveral Community Complex 5/20/2021 Canaveral Community Complex 5/20/2021 Canaveral Multi-Generational Activity Center 5/20/2021 Rocket City Recreational Center 5/19/2021 Ronald D.DeSantis Recreation Center 5/18/2021 Cape Neighborhood Recreational Complex 5/18/2021 Canaveral Community Complex 5/18/2021 Canaveral Community Center 5/17/2021 Cape Canaveral City Park Community Center 5/17/2021 Heartbeat Community Center 5/17/2021 Rocky Randels Multi-Generational Facility 5/17/2021 Cape Canaveral recreational center 5/17/2021 The Rocky Randel's Community Center 5/17/2021 Canaveral community center 27.08%of Respondents 13 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 15, 2021 AGENDA ITEM SUMMARY • ITEM #12 Subject: Discuss and provide Staff with direction regarding hours related to alcohol sales in the City limits. Department: Community and Economic Development Summary: On Tuesday, May 4, 2021, the Brevard County Board of County Commissioners approved an ordinance eliminating restrictions on the hours of alcoholic beverages sales. The Legislative Text backup material for said county ordinance is attached. The ordinance, which now opens up the opportunity for 24-hour sales, only applies to establishments within unincorporated Brevard County as cities and towns regulate their hours of alcohol sales. An owner of a City -based establishment which serves alcohol has contacted the Council, as well as Staff, to request the City consider expanding allowable hours commensurate with Brevard County. The argument is that City -based businesses are now operating at a competitive disadvantage to businesses located in the nearby, unincorporated area Brevard County known as Avon By the Sea. This item, which is discussion only, is centered on what impacts this County action may have on establishments located in the City of Cape Canaveral which sell alcoholic beverages and what options may be available to the Council. Legislative Background Florida Statute (F.S. 562.14) prohibits the sale or consumption of alcoholic beverages between the hours of midnight and 7 A.M. the following day, except as otherwise provided by municipal or county ordinance. Until May 4, 2021, Section 6-3, Brevard County Code of Ordinances restricted sales of alcoholic beverages, in all areas of unincorporated Brevard County, to the hours between 7:00 A.M. - 2:00 A.M. However, as indicated above, this restriction has been removed and 24-hour alcohol sales is allowed. Currently, Cape Canaveral limits the hours of operation for establishments which dispense, store or sell alcoholic beverages from 7:00 A.M. to 2:00 A.M. (City Code Sec. 6-26). However, this has not always been the case. Below is a timeline summary of ordinance revisions related to hours for alcohol sales in the City of Cape Canaveral, all of which can be accessed online, through the City WEBLINK Records Repository: 1. Ord. No. 06-1963-A: unlawful to sell, serve, consume within any place within the City holding a license under the Beverage Laws of the State of Florida, any alcoholic beverages between the hours of 2:00 A.M. and 7:00 A.M. Mondays thru Friday; between the hours of 3:00 A.M. and 7:00 A.M. on Saturdays, between 3:00 A.M. and 1:00 P.M. on Sundays, and between 3:00 A.M. 7:00 A.M. on the following holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. The sale of beer, ale and wine shall only be prohibited on Sundays between 7:00 A.M. and 1:00 P.M. 2. Ord. No. 8-67: hours of sale for any place within the City holding a license under the Beverage Laws of the State of Florida shall be prohibited between the hours of 3:00 A.M. and 7:00 A.M. on Mondays thru Friday; between the hours of 5:00 A.M. and 7:00 A.M. on City of Cape Canaveral City Council Meeting • June 15, 2021 Agenda Item #12 Page 2 of 2 Saturdays; between 5:00 A.M. and 1:00 P.M. on Sunday; and between the hours of 3:00 A.M. and 7:00 A.M. on the following holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. The sale of beer, ale and wine shall only be prohibited on Sundays between 7:00 A.M. and 1:00 P.M. 3. Ord. No. 12-70: expanded the hours for sale of alcoholic beverages until 5:00 A.M. on the following holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. 4. Ord. No. 08-1971: all establishments dealing in alcoholic beverages shall have no limitation on their hours of sale, except on Sunday of each week from the hours of 6:00 A.M. to 1:00 P.M. There shall be no limitation on sale hours of beer and wine. 5. Ord. No. 23-72: alcoholic beverages may be sold, consumed or served within any place holding a license under the Division of Beverages, without time limitation except between the hours of 6:00 A.M. and 1:00 P.M. on Sundays. There shall be no limitation on sale hours of beer and wine. 6. Ord. No. 24-74: alcoholic beverages may be sold, consumed or served within any place holding a license under the Division of Beverages between: Monday thru Saturday, 7:00 A.M. to 4:00 A.M. the following morning, Sunday 1:00 P.M. to 4:00 A.M. the following morning. 7. Ord. No. 45-85: alcoholic beverages may be sold, consumed or served within any place holding a license under the Division of Beverages between: Monday thru Saturday, 7:00 A.M. to 2:00 A.M. the following morning, Sunday 1:00 P.M. to 2:00 A.M. the following morning. Beer and wine may be served or sold on Sundays from 7:00 A.M. to 1:00 P.M. 8. Ord. No. 10-94: any establishment holding a license under the Division of Beverages shall have the hours of operation for purposes of selling, consuming or serving alcoholic beverages between 7:00 A.M. to 2:00 A.M. the following day. Representatives of the Brevard County Sheriff's Office, as well as the City Attorney, will be prepared to discuss this Item as needed. Submitting Department Director: David Dickey Date: 06/08/21 Attachment: Brevard County Hours of Sale Agenda Item Financial Impact: Potential/unknown Law Enforcement staffing increases; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 06/08/21 The City Manager recommends the City Council take the following action: Discuss and provide Staff with direction regarding expanded hours related to alcohol sales in the City limits. Approved by City Manager: Todd Morley Date: 06/08/21 Brevard County Brevard County Board of County Commissioners Legislation Text 2725 Judge Fran Jamieson Way Viera, FL 32940 File #: 2845, Version: 1 Subject: Ordinance Amending Section 6-3, Brevard County Code of Ordinances (Hours of Sale) Fiscal Impact: None Dept/Office: County Attorney as requested by District 3 and approved by the Board on 3/23/2021 Requested Action: Approval of Proposed Ordinance Summary Explanation and Background: Section 6-3, Brevard County Code of Ordinances currently restricts the sale alcoholic beverages, in all areas of unincorporated Brevard County, to the hours between 7:00 a.m. - 2:00 am. Section 562.14, Florida Statutes, sets out default regulations regarding the time for sale of alcoholic beverages, however it allows counties and municipalities to provide otherwise. This proposed ordinance will affirmatively allow the sale of alcoholic beverages twenty-four hours a day, seven days a week. The proposed ordinance will take effect in all of the unincorporated areas of Brevard County, Florida. Clerk to the Board Instructions: Brevard County Board of County Commissioners Page 1 of 1 Printed on 5/4/2021 powered by LegistarTM ORDINANCE NO. 21- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, AMENDING SECTION 6-3, BREVARD COUNTY CODE OF ORDINANCES, "HOURS OF SALE"; AMENDING THE REGULATIONS ON THE HOURS OF SALE OF ALCOHOL IN UNINCORPORATED BREVARD COUNTY, PROVIDING FOR SEVERABILITY, CONFLICTS, AREA ENCOMPASSED, PROVIDING FOR AN EFFECTIVE DATE AND INCLUSION IN CODE. WHEREAS, Section 6-3, Brevard County Code of Ordinances, "Hours of Sale", promulgated in 1979, allows the selling, dispensing, or serving of alcoholic beverages between the hours of 7:00 a.m. and 2:00 a.m. the following day (with two additional hours on New Year's Eve); and WHEREAS, Section 562.14, Florida Statutes (2020), regulates the time for sale of alcoholic and intoxicating beverages (allowing for sale between the hours of 7:00 a.m. and 12:00 a.m. midnight the following day), however it allows counties and municipalities to provide otherwise; and WHEREAS, the Board of County Commissioners now desires to allow less restrictive sales of alcoholic beverages in unincorporated Brevard County and amend Section 6-3, Brevard County Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated by reference into this Ordinance. Underline indicates additions. Strike through indicates deletions SECTION 2. Amend. Section 6-3, Code of Ordinances of Brevard County is hereby amended as follows: (a) Unless otherwise prohibited, in the unincorporated area of Brevard County, alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the Division of Alcoholic Beverages and Tobacco 24 hours a day, 7 days a week. In all unincorporated areas of the county, no commercial establishment, bottle club, person holding any type of license from the division of beverage, state department of businc&c regulation or membership association in which a fee, cover charge or admission fee is collected, shall be allowed to sell, dispense or serve alcoholic beverages for consumption in or on their licensed 1 premises before or after the following hours, which are the only hours of operation at such licensec premises that are permitted under this chapter: (1) Every day:beginning at 7:00 a.m. and ending at 2:00 a.m. on the following day. (2) Extended hours for New Year's Eve:beginning at 7:00 a.m. and ending at 4:00 a.m. on January 1. {b) The hours of operation set forth in subsection (a) also apply to package stores engaged in the sale of alcoholic beverages for off premises consumption. (c) It will be a rebuttable presumption that subsection (a) has been violated if any alcoholic beverage is in possession or control of a patron or customer present inside the licensed premises either before or after the authorized hours of operation set forth in subsection (a). (d) Premises closed during prohibited hours. A licensed premises may only remain open for business during the hours authorized in subsection (a). (e) Each incident of a sale or service of alcoholic beverages which occurs outside of the above established legal hours shall constitute a separate violation of this section and thc person making such sale shall be deemed guilty of an offense and shall be punished as provided in section 17. (Code 1979, §§ 2-11-2-13; Ord. No. 13-36, § 1, 10-22-13) State Law reference— Local regulation of hours of sale, F.S. §§ 562.14, 562.45(2). SECTION 3. Severability. If any section, subsection, sentence, clause or provision of this Ordinance shall be declared invalid, the remainder of this Ordinance shall be construed as not having contained said section, subsection, sentence, clause or provision and shall not be affected by such holding. SECTION 4. Conflict. All resolutions, ordinances, and agreements or parts thereof that may be determined to be in conflict with this ordinance are repealed. SECTION 5. Area Encompassed. This ordinance shall take effect only in the unincorporated area of Brevard County, Florida. SECTION 6. Effective Date. A certified copy of this ordinance shall be filed with the Office of the Secretary of State, State of Florida within ten (10) days of enactment. This Ordinance shall take effect upon adoption and filing pursuant to law. 2 SECTION 7. Inclusion in Code. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of Brevard County, Florida; and that the sections of this ordinance may be renumbered or re -lettered and that the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. DONE, ORDERED AND ADOPTED, in Regular Session, this day of , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA Rachel M. Sadoff, Clerk (SEAL) Rita Pritchett, Chair As approved by the Board on Reviewed for legal form and content: Assistant County Attorney 3