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HomeMy WebLinkAboutcocc_council_mtg_packet_20211019CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA October 19, 2021 6:00 p.m. For those that cannot attend the Meeting and wish to submit a public comment: Email your comment to CityClerk@CityofCapeCanaveral.org by noon the day of the Meeting. To stream the Meeting at home: Please visit www.cityofcapecanaveral.org/city_meetings 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 1 6:15 p.m. - 6:25 p.m. Certificate of Appreciation — Brevard County Sheriff's Office Commander Andrew Walters. Presentation of Proclamation declaring the week of November 1-5, 2021 as "Veterans Small Business Week" to Stuart Smith, Chair of the Space Coast Florida Association of Veteran Owned Businesses. CONSENT AGENDA 16:25 p.m. - 6:30 p.m. 1. Approve Minutes for September 21, 2021 Regular City Council Meeting and September 22, 2021 Special City Council Meeting. 2. Resolution No. 2021-20; reappointing a Member to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Ron Foleno) 3. Approve Proposal from Kimley-Horn in the amount of $148,000 to prepare the Presidential Streets Vision Plan and authorize City Manager to execute same. PUBLIC HEARINGS 1 6:30 p.m. - 7:15 p.m. 4. Ordinance No. 33-2021; amending the text of the City's Comprehensive Plan to include a Property Rights Element as required by law; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Comprehensive Plan, severability and an effective date and legal status of the Plan Amendment, second reading. City of Cape Canaveral, Florida City Council Regular Meeting • October 19, 2021 Agenda • Page 2 of 3 5. Ordinance No. 37-2021; amending the definition of City Park set forth in Section 54-1 of the City Code, providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date, second reading. 6. a. Ordinance No. 39-2021; adopted in furtherance of the requirement set forth in Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $1,200,000 Capital Improvement Revenue Note, Series 2021, of the City to finance the cost of the purchase of the Promenade and related capital improvements and Cost of Issuance; providing for the Series 2021 Note to be secured by the City's Public Service Tax, Half -Cent Sales Tax, Guaranteed Entitlement, Communications Services Tax and certain Franchise Fees; authorizing the City's financing team to proceed to develop necessary documents; providing for the repeal of prior inconsistent ordinances and resolutions or parts of prior inconsistent ordinances and resolutions in conflict herewith, severability and an effective date, second reading. b. Resolution No. 2021-21; supplementing City Ordinance No. 39-2021 enacted on October 19, 2021 by accepting the proposal of Synovus Bank to purchase the City's not to exceed $1,200,000 Capital Improvement Revenue Note Series 2021; authorizing the execution and delivery of a loan agreement with said bank to secure the repayment of said note; authorizing the proper officials of the City to take any other action deemed necessary or advisable in connection with the finalization and execution of the loan agreement, the Note, and the security therefor; authorizing the execution and delivery of documents in connection with said loan; designating the Note as "Bank Qualified;" providing for repeal or supersession of prior inconsistent City resolutions or actions; providing for severability and other matters in regard thereto; and providing an effective date. 7. a. Ordinance No. 25-2021; adopting a property owner initiated small scale Future Land Use Map amendment by changing the Future Land Use Map designation of a parcel of property described as tax parcel ID: 24 37 23 CG 13 4 and legally described as the East 1/2 of Lot 4 and Lots 5, 6, 7 and 8, Block 13, Avon by the Sea, according to the plat thereof, as recorded in Plat Book 3, page 7, of the public records of Brevard County, Florida from "C-1 Commercial " to "R-2 Medium Density Residential;" providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading. b. Ordinance No. 26-2021; adopting a property owner initiated rezoning of a parcel of property described as Tax Parcel ID. 24 37 23 CG 13 4 and legally described as the East 1/2 of Lot 4 and Lots 5, 6, 7 and 8, Block 13, Avon by the Sea, according to the plat thereof, as recorded in Plat Book 3, page 7, of the public records of Brevard County, Florida from the current City "C-1 Low Density Commercial Zoning District designation to the City "R-2 Medium Density Residential" Zoning District designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. 8. Ordinance No. 36-2021; amending Chapter 110, Land Development Regulations, Section 110-1 Definitions and Article IX Supplemental District Regulations, Division 4 Home Occupations of the City Code to comply with recent legislation adopted by the Florida City of Cape Canaveral, Florida City Council Regular Meeting • October 19, 2021 Agenda • Page 3 of 3 Legislature related to home based businesses; making conforming amendments to the schedule of Zoning District regulations and other provisions of the City Code to comply with said legislation; providing for repeal of prior the inconsistent ordinances resolutions, and incorporation into the code, severability and an effective date, first reading. 9. Ordinance No. 40-2021; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first reading. ITEMS FOR DISCUSSION 17:15 p.m. - 7:25 p.m. 10. Remote, Two -Way Participation during City Meetings. 11. Discussion on the SR A1A Roundabout and Roadway Redesign Projects (Submitted by Council Member Morrison) REPORTS 1 7:25 p.m. - 7:30 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 CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Certificate of Appreciation — Brevard County Sheriff's Office Commander Andrew Walters. Department: City Clerk's Office Summary: Andrew Walters will be retiring from his position as Commander of the Brevard County Sheriff's Office, Canaveral Precinct, effective October 15, 2021. City Council and Staff would like to honor Commander Walters and thank him for his service to the City. During his tenure as Commander, from December 14, 2019 to October 15, 2021, Commander Walters oversaw 93 personnel, both sworn and civilian, across both the City of Cape Canaveral and Port Canaveral. His leadership has contributed to a reduction in the overall crime rate over the past two years and he has collaborated with elected City Officials, City Staff and Citizens to improve the quality of life for the City. Commander Walters actively addressed many initiatives within the City to include animal complaints, public nuisance and traffic concerns along State Road A1A and City residential streets. He has played a vital role for the City's law enforcement response in maintaining order during the COVID-19 Pandemic as well as providing training to the City Council and Staff as part of Natural Disaster Preparedness in the City. The City recognizes his selfless service and dedication and wishes him best of luck in all future endeavors. Submitting Department Director: Mia Goforth Date: 10/11/21 Attachment: Certificate of Appreciation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo \ Date: 10/08/21 The City Manager recommends the City Council take the following action: Present Certificate of Appreciation to Commander Walters Approved by City Manager: Todd Morley Date: 10/11/21 CERTIFICATE OF APPRECIATION This certificate is proudly presented to COMMANDER ANDREW WALTERS in grateful recognition of outstanding public service to the City of Cape Canaveral for his accomplishments and dedication as Commander of the Brevard County Sheriff's Office, Canaveral Precinct, from December 14, 2019 to October 15, 2021. October 19, 2021 Mayor City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation declaring the week of November 1-5, 2021 as "Veterans Small Business Week" to Stuart Smith, Chair of the Space Coast Florida Association of Veteran -Owned Businesses. Department: Legislative Summary: The Florida Association of Veteran -Owned Businesses (FAVOB) has been established to be the leading state-wide organization and recognized voice for Veteran -Owned Businesses with the goal of positioning Florida as the "Veteran State of Choice" to own and operate a business. With over 100 members on the Space Coast, and over 300 across the state of Florida, FAVOB is a volunteer organization of Veteran -Owned businesses and patriotic supporters who inform, connect and advocate for their members to create business growth and prosperity. Each year, the U.S. Small Business Administration celebrates, connects and empowers service members, Veterans, National Guard and Reserve members and military spouses during National Veterans Small Business Week. For 2021, the National Veteran Small Business Week will be observed from November 1st to the 5th. FAVOB has asked the Brevard County Commission, all Brevard county municipalities local chambers of commerce, the VFW, American Legion and private companies to formally recognize the week. For this reason, the City of Cape Canaveral has created the attached Proclamation to honor Veterans Small Business Week. Present this evening is Stuart Smith, Chair of the Space Coast Florida Association of Veteran -Owned Businesses, to accept the Proclamation. Submitting Council Member: Mayor Bob Hoog Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/11/21 The City Manager recommends the City Council take the following action: Present Proclamation. Approved by City Manager: Todd Morley Date: 10/11/21 Official Proclamation City Of Cape Canaveral, Florida WHEREAS, in 2015, a resolution was introduced to the United State Congress to designate the first week in November as National Veteran Small Business Week; and WHEREAS, Brevard County is home to more than sixty-five thousand Veterans and forty-eight hundred Veteran -owned firms per the U.S. Census Bureau, 2012 Economic Census: Survey of Business Owners; and WHEREAS, there are 87,756 Veteran -owned businesses in Florida generating $57.7 billion in annual sales; and WHEREAS, less than one-half of one percent of the U.S. population served our Country in the Armed Forces, yet Veteran -owned businesses represent nine percent of all U.S. firms (2017 SBA); and WHEREAS, the Florida Association of Veteran -Owned Businesses, Space Coast has over 100 Veteran -owned businesses and patriotic supporter (non -Veteran) businesses as members; and WHEREAS, The Florida Association of Veteran -Owned Businesses is a non-profit entity that advocates, educates and connects our Veteran -owned businesses to economic opportunity; and WHEREAS, The Florida Association of Veteran -Owned Businesses and the Small Business Administration (SBA) have entered into a Strategic Alliance Memorandum as of October 2020; and WHEREAS, Each year the U.S. SBA celebrates, connects, and empowers service members, Veterans, National Guard and Reserve members, and military spouses during National Veterans Small Business Week (NVSBW) and this year marks the eighth annual NVSBW; and WHEREAS, National Veteran Small Business Week is dedicated to supporting Veteran entrepreneurs and business owners and their families, and to encourage people to purchase goods and services from these hard working men and women; and WHEREAS, Florida Veterans and their families deserve our unwavering support and gratitude; and NOW, THEREFORE, 1, Robert Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the week of November 1-5, 2021 as: VETERAN SMALL BUSINESS WEEK in the City of Cape Canaveral and encourage its observance by all residents. 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 Tuesday September 21, 2021 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:01 p.m. Council Member Brown 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 (arrived 6:03 p.m.) Mayor Pro Tem Angela Raymond Others Present: City Manager Todd Morley City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Community and Economic Development Director David Dickey Cultural and Community Affairs Director Molly Thomas Human Resources/Risk Management Director Melinda Huser Leisure Services Director Gustavo Vergara Public Works Services Director James Moore Deputy City Clerk Daniel LeFever Dep. Community & Economic Dev. Dir./Sustain. Mgr. Zachary Eichholz Brevard County Sheriff's Office Commander Andrew Walters Brevard County Sheriff's Office Lieutenant Brett Lockhart Canaveral Fire Rescue Chief Dave Sargeant Canaveral Fire Rescue Deputy Chief Derek Yossifon PUBLIC PARTICIPATION: Steven Stroud, resident, Planning and Zoning Board Member and River Gardens HOA Member, discussed concerns regarding the Florida Department of Transportation roadway redesign plan/proposal for State Road A1A, urging Council to join in with citizens interested in changing the design including potential negative impacts to Long Point Road, Sunset Court, Evelyn Court and King Neptune Lane access. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring the month of October as "Fire Prevention Month" to Canaveral Fire Rescue Chief Dave Sargeant: Mayor Hoog presented the Proclamation to Chief Sargeant Mayor Hoog then joined Council and Staff with a surprise presentation of The David J. Sargeant Fire Station Dedication Plaque honoring his exemplary service to the City, dedicating City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • September 21, 2021 Minutes • Page 2 of 5 Fire Station #53 to Chief Sargeant. Chief Sargeant thanked the Council, paid homage to those who started the Cape Canaveral Volunteer Fire Department back in 1962 and the current partnership of the Canaveral Port Authority's role in the success of Canaveral Fire Rescue. A birthday card from former City Council Member/Mayor Pro Tem Joan Calvert was presented to Chief Sargeant and read aloud by City Manager Morley. Presentation of Proclamation declaring the week of September 20 — 24, 2021 as "National Clean Energy Week" in the City of Cape Canaveral to Community and Economic Development Deputy Director and Sustainability Manager Zachary Eichholz: Mayor Hoog presented the Proclamation to Mr. Eichholz who thanked Council for support of the initiative and reported the status of the City's first roof -top solar installation. Interview Applicant for appointment to the Community Appearance Board. (Angela Trulock): City Attorney Garganese confirmed the information contained in Ms. Trulock's application to be true and correct. Ms. Trulock provided background information and reasons for her desire to serve. The Council thanked Ms. Trulock. CONSENT AGENDA: Mayor Hoog asked if there were any Items that need to be removed. Council Member Kellum removed Items 2 and 7. 1. Approve Minutes for August 17, 2021 Budget Workshop and Regular City Council Meeting and September 7, 2021 Special Meeting. 2. Resolution No. 2021-13; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 3. Resolution No. 2021-14; authorizing an addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 4. Resolution No. 2021-16; authorizing the establishment of a City operated and maintained Police Athletic League program as an additional component of the City's Leisure Services Department; declaring that the Police Athletic League program established hereunder serves a municipal and public purpose; establishing an accounting procedure and Police Athletic League program fund for purposes of accepting charitable contributions and other donations related to the Police Athletic League program; providing goals and other requirements of the Police Athletic League program; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Resolution No. 2021-17; reappointing a Member to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Larry Holmes) 6. Resolution No. 2021-18; appointing a Regular Member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Angela Trulock) 7. Approve Contract for Purchase and Sale to purchase property located at 7404 N. Atlantic Avenue in the amount of $925,000 (plus City pays all closing costs) and authorize Mayor to execute same. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • September 21, 2021 Minutes • Page 3 of 5 A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Consent Agenda Items 1, 3, 4, 5 and 6. The motion carried 5-0. 2. Discussion ensued and included cost calculations in providing law enforcement service to Brevard County's unincorporated area, Avon -by -the -Sea. Finance Director DeLeo explained Brevard County Sheriff's Office Finance requires criteria based upon the Cost Performance Index value of 1.65 for their budgetary figures. Commander Walters indicated calls to that area do not negatively impact service levels to the City. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to adopt Resolution No. 2021-13. The motion carried 5-0. 7. Discussion ensued and included support for and against the Item, appraisal, closing costs, terms of the negotiations, debt, Council emails received from individuals against the Item, greenspace, Item should not have been placed under Consent Agenda, support for and against the Promenade Project, small improvement projects, the CRA, community involvement, the CRA Board's unanimous approval of the Promenade Project via adoption of the CRA Budget Resolution, building for the future, the City's low tax rate, 2009 Visioning, new Visioning planned soon, request for consensus to allow the existing tenants to stay in the building, opposition to Seller request for a marker to be placed on the property indicating community partnership between the City and the Seller. City Attorney Garganese advised Council, regarding Section 3.2 Existing Tenants, City responsibilities, if the tenants do not vacate prior to the Closing including managing tenants which could result in eviction, and why the City should take ownership without tenants in the property. Discussion ensued and included allowing tenants to stay after the City takes ownership, legal structure to provide tenant vacation, striking the Seller's marker request from the agreement, and no exemption for ad valorem taxes to be paid by the City for the property. City Attorney Garganese advised Council on an alternative to approve the Agreement with a revision to Section 3.2 Existing Tenants for month -to -month, not to exceed twelve -months, lease. William Scharlau, owner of the Property, discussed efforts made to relocate the building tenants, investments made to improve the Property which have been halted, but which will resume should this agreement not be approved, and confirmed approval to amend the two provisions being discussed. Council thanked Mr. Scharlau for the cooperation. Discussion ensued and included the Promenade Project, citizen engagement, community blight, potential referendum, voting against the Budget, voting for the Promenade Project in one meeting and then against it in the next, the Council Code of Conduct, violation of Florida's Sunshine Law, and multiple opportunities provided to the citizenry to engage and attend public meetings. Kay Jackson, resident and property owner, discussed the City's responsibility to provide services to the City as opposed to generating revenue, flooding issues in the City and running for City Council. Discussion continued over the costs of the Promenade Project versus poor maintenance of Veterans Memorial Park, maintenance of new projects, flooding and helping residents; wastewater and stormwater upgrades which are listed in the Budget including the Center Street Basis Study, request to workshop the Item in October and delaying the Item. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to approve the Contract for Purchase and Sale to purchase property located at 7404 N. Atlantic Avenue, with the amendments. The motion carried 3-2, with Council Members Kellum and Morrison voting against. Mayor Hoog recessed the meeting at 8:00 p.m. The meeting reconvened at 8:13 p.m. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • September 21, 2021 Minutes • Page 4 of 5 Council Consensus was reached to allow a Public Participation request to speak regarding Council Behavior. Katie Morrissey, resident, property owner and business owner, expressed pride for the work of the City Council, the decision to stop coming to Council Meetings two years ago due to argumentative and unpleasant behavior of a Council Member which contributed to unreasonably long meetings, and urged Council to work as a team, being respectful of time, each other and the community. PUBLIC HEARINGS: 8. Ordinance No. 27-2021; amending section 58-1 of the City Code related to local public notices for Future Land Use Map amendments; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included pros and cons of certified mail notification and providing alternative options to receive notices. The Public Hearing was opened. A motion was made by Council Member Brown, seconded by Mayor Pro Tem Raymond, to adopt Ordinance No. 27-2021, at second reading. The motion carried 3-2, with Council Members Kellum and Morrison voting against. 9. Ordinance No. 35-2021; amending Section 38-33 of the City's Fire Prevention and Protection Code related to private entry gates; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and noting no changes were made to the Item since first reading. There being no discussion, the Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Kellum, to adopt Ordinance No. 35-2021, at second reading. The motion carried 5-0. 10. Ordinance No. 37-2021; amending the definition of a City park set forth in Section 54-1 of the City Code, providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. There being no discussion, the Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to approve Ordinance No. 37-2021, at first reading. The motion carried 5-0. 11. Ordinance No. 39-2021; adopted in furtherance of the requirement set forth in Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $1,200,000 Capital Improvement Revenue Note, Series 2021, of the City to finance the cost of the purchase of the Promenade and related capital improvements and Cost of Issuance; providing for the Series 2021 Note to be secured by the City's Public Service Tax, Half -Cent Sales Tax, Guaranteed Entitlement, Communications Services Tax and certain Franchise Fees; authorizing the City's financing team to proceed to develop necessary documents; providing for the repeal of prior inconsistent ordinances and resolutions or parts of prior inconsistent ordinances and resolutions in conflict herewith, severability and an effective date, first reading: City Attorney Garganese read the title into the record. Discussion ensued and included support for and opposition to the Item, Capital Improvement costs related to environmental assessment, City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • September 21, 2021 Minutes • Page 5 of 5 demolition and design fees. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to approve Ordinance No. 39-2021, at first reading. The motion carried 3- 2, with Council Members Kellum and Morrison voting against. REPORTS: Council Member Morrison requested Council consider bringing back virtual two-way, public participation during City Council Meetings. Discussion ensued and included reasons Council authorized discontinuation of the virtual meeting software platform in June, citizen concern over COVID-19, extra Staff, costs and time necessary in using such software again and desire for reactivation at Council's October Regular Meeting or sooner. City Attorney Garganese provided procedural advice on making motions on the items being discussed. Council reached consensus for Staff to research time left on the GoToWebinar contract and provide information related to why Council discontinued the practice at its June Regular Meeting. A motion was made by Council Member Morrison, seconded by Council Member Brown, to bring back an Agenda Item for October to consider renewing the contract for GoToWebinar or some other application. Discussion continued regarding City Manager Morley's confirmation to provide the requested information via email to Council before the September 22, 2021 Special Budget Hearing Meeting, cancellation due to low public participation on GoToWebinar, importance of public engagement versus cost, sound quality and glitches in technology and desire to go live in October. The motion carried 5-0. Mayor Pro Tem Raymond discussed the Space Coast League of Cities Scholarship Program, encouraged applying for the Scholarship, the League's Legislative Priorities, and plans to address the Brevard Legislative Delegation on September 29, 2021 regarding municipal elections, municipal charters and protecting Home Rule. City Manager Morley discussed the City sign code in relation to election season. ADJOURNMENT: The Meeting was adjourned at 8:55 p.m. Bob Hoog, Mayor Mia Goforth, City Clerk DRAFT CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday September 22, 2021 5:30 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:30 p.m. Mayor Pro Tem Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Council Member Council Member Mayor Pro Tem Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director Deputy City Clerk Brevard County Sheriff's Office Lieutenant PUBLIC PARTICIPATION: None. PUBLIC HEARINGS: Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Molly Thomas Gustavo Vergara James Moore Daniel LeFever Chris Cardinal 1. Resolution No. 2021-15; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2021/22 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: City Attorney Garganese read the title into the record. Discussion ensued and included a desire to reduce the millage by $300,000, shifting projects to later fiscal years, refuting assertions regarding a claimed 1% reduction in budgetary line items, a desire for additional budget workshops, how rollbacks work, the existing, lengthy process through which the budget is developed and how voting patterns could be interpreted. Mayor Hoog opened the Public Hearing. There being none, the Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to approve Resolution No. 2021-15. The Motion carried 3-2, with Council Members Kellum and Morrison voting against. City of Cape Canaveral, Florida DRAFT City Council Special Meeting • September 22, 2021 Minutes • Page 2 of 2 2. Ordinance No. 38-2021; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2021, and ending September 30, 2022; providing for an effective date, second reading: City Attorney Garganese read the title into the record. Discussion ensued and included potential petitions for speed bumps in Harbor Heights, addressing safety concerns, levels of engagement and input from residents, levels of revenue versus a desire to lower tax rates, utilizing contingency and reserve funds while still maintaining a 20% level of reserves, ensuring proper use of different categories of City funds, potential fluctuations in unassigned funds, dedicating funds to possibly assist with future State Road A1A projects, continued focus on improving sidewalks, repaving streets being a long process, past paving projects in the City, status of Federal CARES Act funds, potential growth of available CRA funds in future years, the prior, expressed position of the County Commission to avoid small-scale CRA projects for individual property owners and a desire for and status of premium pay for essential workers. Mayor Hoog opened the Public Hearing. There being none, the Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to adopt Ordinance No. 38-2021, at second reading. The Motion carried 3-2, with Council Members Kellum and Morrison voting against. ADJOURNMENT: There being no further business, the Meeting adjourned at 6:05 p.m. Bob Hoog, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2021-20; reappointing a Member to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Ron Foleno) Department: City Clerk's Office Summary: The term for Business and Economic Development (BED) Board Member Ron Foleno will expire November 1, 2021. Mr. Foleno was originally appointed in November 2016, to fill a vacant, unexpired term on the Board and reappointed to a new term on the Board in 2018. Having only served one three-year term up to this point, he is eligible for reappointment. Mr. Foleno has expressed desire to continue serving for an additional three-year term. Following the completion of this second -consecutive term, Mr. Foleno may be eligible for reappointment if no other applications are on file for appointment to fill all vacancies on the BED Board, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon Council to reappoint a member to the BED Board. Submitting Department Director: Mia Goforth Date: 10/11/21 Attachment: Resolution No. 2021-20 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/11/21 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2021-20. Approved by City Manager: Todd Morley Date: 10/11/21 RESOLUTION NO. 2021-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; REAPPOINTING A MEMBER TO THE BUSINESS AND ECONOMIC DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-33 established a Board known as the Business and Economic Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a member to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment to City Advisory Boards. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individual to the Business and Economic Development Board: Ron Foleno shall be reappointed to serve until November 1, 2024. Following completion of this term, this appointee may be eligible for reappointment if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in Section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of October, 2021. [Signature page follows] City of Cape Canaveral Resolution No. 2021-20 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond City of Cape Canaveral Resolution No. 2021-20 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Approve Proposal from Kimley-Horn in the amount of $148,000 to prepare the Presidential Streets Vision Plan and authorize City Manager to execute same. Department: Community and Economic Development Summary: At its March 31, 2021 Annual Strategic Planning Retreat, the City Council was asked to discuss and rank various Strategic Priorities and Initiatives to determine City priorities for [Fiscal Year (FY)] 2021/22. The Presidential Streets Neighborhood Vision Plan (Plan), was the highest ranked project, receiving a top score from all five (5) Council Members (Attachment 1). The area proposed for study as part of the Plan represents a historically significant area to include the originally platted areas, prior to incorporation of the City, in support of the early space program (see Attachment 2). Consequently, the public infrastructure within this area is becoming obsolete and needs reinvestment. Furthermore, the Plan will provide decision -makers an understanding of the specific needs and redevelopment challenges of the area. The Plan will create a blueprint for the study area, to include the creation of a design concept framework for future above ground improvements, including complete streets recommendations, parks/open space connectivity, stormwater management best management practices, and recommendations to make the area more resilient. This will include concept design plans for two streets within the Plan area, which designs will be "portable" that can be applied across the Plan area. The Plan will inform annually budgeted capital projects to complete the Presidential Streets Neighborhood Vision Plan. Specific tasks in the Scope include: • Project Kickoff/Data Collection/Reconnaissance — This task will include: 1. Public Kickoff Meeting 2. Public Information Outreach 3. Public Meeting 4. Public Relations Materials 5. Data Collection and Base Map • Planning and Preliminary Master Plan 1. Preliminary Plan Preparation 2. Preliminary Plan Presentation • Plan Refinement and Project Documentation 1. Plan Refinement and Document Preparation 2. Final Project Document Preparation 3. Public Approval Presentations (P&Z Board and Council 1 time each) 4. Final Project Deliverables • Resiliency Assessment (Expanded) City of Cape Canaveral City Council Meeting • October 19, 2021 Agenda Item # 3 Page 2 of 2 Selected Firm: After a review of planning/engineering firm qualifications for similar -type projects, Staff selected Kimley-Horn of Orlando, Florida to draft the Plan. Kimley-Horn is one of the engineering firms selected by the City for Continuing Professional Engineering/Surveying, Planning, Consulting and Architectural Services through the Consultants' Competitive Negotiation Act (CCNA). A Master Services Agreement for Planning and Consulting services was signed in June of 2011 between the City and Kimley-Horn. The proposed Scope of Work is attached (Attachment 3) and completion of the project is anticipated to take approximately six to nine months. Submitting Department Director: David Dickey Date: 10/11/21 Attachments: 1. Strategic Retreat Ranking Worksheet 2. Plan Study Area 3. Cape Canaveral Presidential Streets Vision Plan Scope of Work Financial Impact: $148,000 to complete the Cape Canaveral Presidential Streets Vision Plan funded by the General Fund. Funds are included in the City FY 2021/22 Budget for this item. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/11/21 The City Manager recommends the City Council take the following actions: 1. Approve Proposal from Kimley-Horn in the amount of $148,000 to complete the Cape Canaveral Presidential Streets Vision Plan, and 2. Authorize the City Manager to execute same. Approved by City Manager: Todd Morley Date: 10/11/21 Attachment 1 • Approving the "right" type of projects — no more hotels • Fully implemented A1A safety options • Elimination of City's dependency on FPL grid — Energy independence POST -RETREAT CITY COUNCIL PRIORITIZATION PROCESS Following the final wording and development of cost estimates of the various Strategic Priorities and Initiatives that were advanced at the Retreat, the City Council was asked to participate in an exercise to capture their overall Priorities Post -Retreat. Accordingly, each Council Member was asked to indicate with a "✓" their top five (5) Priorities, regardless of which particular Pillar they may be under. (i.e., each Council Member had a total of five votes.) The Priorities receiving the top votes would be ranked as Short - Term (within 2-years), and the remaining priorities to be ranked as either Mid (within 2 to 7-years), or Long -Term (beyond 7-Years) based upon a natural break in the balance of the votes cast. It should be noted that some projects that ultimately were identified by the City Council as Mid and/or Long -Term will still be undertaken in the upcoming and subsequent fiscal years for regulatory compliance or due to inherent multi -year financing and implementation strategies. The following table reflects the results of the City Council's ranking of Priorities, with the Short -Term Priorities highlighted in Green, Intermediate Priorities highlighted in Orange, and Long -Term Priorities highlighted in Purple, along with their respective votes: MULTI -MODAL PILLAR PRIORITIES: 5 Presidential Streets Neighborhood Master Plan - $150,000 (A multi -year project that would begin with an in-depth study of the current infrastructure status of the area to include streets, sidewalks, flooding, stop sign placement, traffic flow, related resiliency initiatives, sewer, GIS mapping, paid parking & enhanced handicapped beach access components) 1 West Central/Thurm Boulevard Streetscape Project (From Thurm Boulevard to Astronaut Boulevard) - $3.2M 1 Resiliency Action Plan (RAP): • Canaveral Beach Blvd Bike Lane Addition - $35,000 FDOT-A1A Sailfish Alternative — (FDOT Budget) A1A City Support Options to Advance Implementation Strategies and ROW Funding - $TBD Central Boulevard Streetscape (From Astronaut Boulevard to Ridgewood Avenue) - $951,500 SENSE OF PLACE PILLAR PRIORITIES: 2 Cherie Down Park Acquisition and Redevelopment - $1.5M 1 Veterans Park - $410,000 1 Canaveral City Park Redevelopment —Phase 1: Multi -Generational Facility (MGF) - $6.3M 1 Cultural + Community Affairs (CAPE) Center - $1.2M 1 The Promenade - $900,000 Acquisition and $800,000 Development 1 Sense of Arrival Project in conjunction with A1A (North End) - $TBD 1 Possible acquisition of parcel south of Wagner Park - $TBD 15 Attachment 2 Study Area Highlighted Map of the Presidential Streets Area Attachment 3 Kimley»>Horn March 11, 2021, Revised March 29, 2021, Revised June 10, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021 Revised August 31, 2021 Mr. Todd Morley City of Cape Canaveral City Manager P.O. Box 326 Cape Canaveral, FL 32920 Re: Proposal for Professional Services for City of Cape Canaveral Presidential Streets Vision Plan Dear Mr. Morley: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "the Consultant") is pleased to submit this Proposal (the "Proposal") to the City of Cape Canaveral (the "Client" or the "City") for providing professional services for the City of Cape Canaveral Presidential Streets Vision Plan (Plan), specifically with regards to those items identified in the following tasks. Our project understanding, scope of services, and fees are described below. Project Understanding The City wishes to create a Vision Plan or "Blueprint" for the Presidential Streets area of the City, utilizing available information, studies and recommendations including plans and successes of the City's Community Redevelopment Area (CRA), Polk Avenue Streetscape and the Presidential Streets Mobility Plan. The plan is intended to create a design concept framework for future above ground improvements in the area. Underground improvements, which may or may not be required within the project area are not within Kimley-Horn's scope of services. Should underground improvements impact the design intended by this document, those revisions will be addressed as contract addenda. The "Blueprint" is anticipated to be broken into typically 2-3 major components. The Plan will encompass a portion of Cape Canaveral commonly referred to as the Presidential Streets. The Plan will include, but is not limited to, complete streets recommendations (sidewalks, street trees and landscaping, road improvements and intersection improvements, curb and gutter, street furnishings, and roadway/decorative pedestrian street lighting), parks/open space connectivity and stormwater management best management practices/resiliency recommendations. A separate, subsequent task would be to refine portions of the Blueprint into a more formal plan including Refined Opinion of Probable Construction Cost(s) for recommended improvements. Initial Concept level improvements for two (2) streets understood to include a 2-3 block segment within the study area will be developed which are understood to be "portable" to other streets within the study area. It is recommended one east -west street and one north -south street be reviewed. Specific tasks are provided below following the understood, broad based Project Goals. It is understood that these kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 2 Goals may change upon client receipt and/or prioritization of specific projects/sub-projects within the Presidential Streets area. Project Goals: ■ Analyze the area's existing conditions report prepared by the City, utilizing it as the basis for the Blueprint. ■ Create conceptual design plans that recommend: o Ultimate roadway configuration — Curb to Curb (public realm only) o Streetscape treatments — Back of Curb to right-of-way (public realm) o Intersection improvements o Pedestrian/bicycle improvements (on -street and off-street) facilities o Public parking (on -street and off-street) areas ■ Provide limited implementation and phasing strategies for proposed projects including funding (fiscal year, grants, etc.) or seasonal impacts (i.e. high tourist periods) and/or similar. ■ Identify key strategies and recommendations including best management practices and resiliency techniques for addressing stormwater, drainage, and resiliency. ■ Identify potential alternative funding identify, assist/prepare, and help implement specific grants. Scope of Services Kimley-Horn will perform the following specific items related to each Phase/Task. Items that are specifically excluded are noted as "Not Included — Optional Task". Fees for those items are provided in the Fee Table; however, such fees are not included in the primary project fees and can be added to the overall project total upon request by the City. TASK 1.0 - PROJECT KICKOFF/DATA COLLECTION/RECONNAISSANCE 1.1 Project Kickoff Meeting and Staff Coordination Kimley-Horn will establish an initial project kickoff meeting with City Staff to review and discuss the study protocols, refinements to the project approach, land use considerations, design standards and criteria, schedule, and deliverables. It is understood that Kimley-Horn and the City will perform a site visit of the Presidential Streets as part of this kickoff meeting. For reference purposes and as outlined elsewhere in this agreement, Kimley-Horn will be providing a total of six (6) meetings with the City as follows: A. Initial staff kick-off meeting B. Two (2) Community Workshops (it is understood some form of online participation will be made available to residents/interested persons. Kimley-Horn will coordinate the platform with the City). kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 3 C. Presentation of preliminary ideas and concepts/plans with City staff D. Presentation of findings and plans to the Planning & Zoning Board (understood to be a public hearing/review meeting) E. Presentation of findings and plans to the City Council (understood to be a public hearing/review meeting) 1.2 Public Information Outreach A. Public Information Meeting Kimley-Horn will conduct two (2) community workshop informational meetings within the project study area through the course of the project and provide up to two (2) team members for each meeting. Kimley-Horn will coordinate with the City to identify dates/times and locations for these meetings. The City will be responsible for providing the meeting location, preparing/notifying residents either through newspaper ads, on-line notices and/or mailed notices to property owners and residents within the Study Area. Survey. Kimley-Horn will develop and distribute a community survey to determine residents' perceptions, opinions and interests related to the Presidential Streets. It is assumed this survey will utilize MetroQuest, Kimley-Horn's proprietary software — PublicCoordinate, or similar platform. Kimley-Horn will rely on City staff to distribute the survey via City's social media accounts and webpage. Kimley-Horn will compile the survey results in data matrix format and prepare a written summary. B. Public Relations Educational Materials Kimley-Horn shall prepare collateral materials for assisting in the publicity of the public meetings and workshop. These materials may include a 6"x8" postcard, poster, one letter to be mailed to key stakeholders and property owners, and a letter to be mailed to the general public. The City will be responsible for creating mailing lists, postage on mailers and associated copies for distribution. The City will also be responsible for distributing (mailing) the notices. 1.3 Data Collection and Base Map Preparation This task is assumed to include the City providing its available data, mapping or similar as previously prepared by the City to Kimley-Horn for use and review. Kimley-Horn will use this information to prepare the base maps for the analysis. No additional analysis is assumed to be prepared by the City as part of this Task. 1.4 Survey and Mapping — Future Tasks. Based on information discussed as part of the call on March 29, 2021, surveying and mapping are not included in the initial task. It is understood the City will contract separately for utility and survey services at such time as they are necessary. TASK 2.0 - PLANNING AND PRELIMINARY MASTER PLAN 2.1 Preliminary Plan Preparation Kimley-Horn will consolidate relevant information gathered in previous tasks and data from the City's information/analysis into an overall base map for the study area. From this map, Kimley-Horn kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 4 will prepare the draft Framework Plan Map. This map will allow the City to communicate with area stakeholders. A. Preliminary Master Plan As a part of this task, Kimley-Horn will prepare the following items: Framework Plan. The overall framework plan will illustrate general recommendations for improvements within the right-of-way (public realm) to improve overall safety, mobility, and aesthetics in diagram form including catalyst sites, gateways, typical streetscape areas, access management, pedestrian crossing areas and nodes of activity. Kimley-Horn will utilize the City's previous plans/analysis, to include recommendations made within the "Cape Canaveral Presidential Streets Small Area Study" completed by Luke Engineering, as well as perform an audit of readily visible/observable conditions within the Presidential Streets. Kimley-Horn will review available information/data and make recommendations on the feasibility of implementation of one-way traffic movements within the study area. It is understood no additional traffic analysis or similar is provided as part of this task. This Plan will be a combination of site photographs, text/assessments, and graphics created from the below items. Concept level intersection improvements. This portion of the plan will be developed for up to three (3) intersections. Stormwater and other utility infrastructure issues will not be considered in the concept level plans. The concepts will illustrate right-of-way modifications, typical pedestrian accommodations, curb dimensions and type, lane widths, dedicated turn lane considerations for both left and right turns, taper distances on both sides of the intersection to accommodate lane geometry and landscape opportunities. The concept will be placed symmetrically within the existing right-of-way and will not include any cost/benefit analysis based on potential right-of-way acquisitions. Cross Sections. Three (3) Typical Cross Sections will be rendered in color, showing the location of right-of-way modifications such as typical lane widths, pedestrian accommodations, street tree locations, gateway features and parking options. Perspective Illustrations. Up to two (2), rendered graphics in color will be prepared, showing typical right-of-way modifications or draft redevelopment build -out strategies in three dimensions. Buildings will be represented as blocks/massing; no architectural treatments or renderings of existing/proposed buildings will be provided as part of these illustrations. ■ Enlarged Plan Details. Based on the previous graphics and illustrations, Kimley-Horn will provide up to two (2) additional graphics rendered in color, highlighting key aspects of the corridor. The selected corridor will be mutually agreed upon by the City and Kimley-Horn. ■ Typical Street Furnishings. A graphic will be prepared illustrating a family of design elements such as light poles, benches, paving materials, trash receptacles and bike racks for use within the study area. Kimley-Horn will prepare two (2) options of elements for review by the City. kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 5 Kimley-Horn will prepare the Draft Framework Plan and provide it to the City for review and comment. Kimley-Horn will review the plan as part of one meeting (provide as part of Task 2.2 below) with the City and prepare one round of revisions based on City directed comments. Additional graphics beyond those identified will be provided as an additional service. B. Development/Redevelopment Strategies Kimley-Horn will review the currently adopted Resiliency Plan, CRA Plan as well as the City's Comprehensive Plan and land development code. Based on these reviews, Kimley-Horn will provide a draft set of recommendations, utilizing these regulations, for various development and redevelopment initiatives and strategies that would be appropriate to include in the design of the Presidential Streets area and which are consistent with contemporary development practices. C. Public Investment Strategies Kimley-Horn will provide the City with a preliminary list of recommendations for key public investments to facilitate private development/redevelopment (e.g. identification of grants, CRA land assemblage, partnership programs). The actual preparation of grants and other elements identified is not included in this specific task but is provided in Task 5. D. Regulatory Improvements (Optional Task - Not included) Based on the draft framework plan and the analysis prepared in Task 2.1B, Kimley-Horn can prepare recommendations for changes to various regulatory documents (e.g. reduction in parking standards, access management policies, density/height allocations, design standards). E. Conceptual Build -Out Site Plan (Optional Task — Not included — due to the nature of this Task, a separate fee will be provided upon request) Kimley-Horn can prepare site plans for specific properties within the study area that will illustrate practical development/redevelopment opportunities in plan form. These plans will be for key parcels or areas and provide "best practice" scenarios to illustrate various components of the plan. The conceptual plans are intended to be based on identified market -based development opportunities. That is, they are the design teams' suggestions for interventions on buildings or sites that are under-utilized or are otherwise "ripe" for development. The purpose of these suggestions is two -fold. First, it helps to bring attention to the plan with beautifully illustrated visions for these catalyst sites. Second, and more importantly, it is intended to provide representative projects that could be developed. As a part of this optional task, the following shall be prepared: Overall Site Plan will be rendered in color, showing the location of private property, public tracts and surface infrastructure, as well as the schematic design of streets, buildings, parks, parking areas, and other public amenities. kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 6 Perspective Drawing & Building Elevations rendered in color, showing typical buildings, streets, squares, parks, and other components of the plan in three dimensions. Up to two (2) perspective drawings will be provided. Draft line work will be provided as a part of Phase 2 and the final renderings will be associated with Phase 3. Concise Report providing narrative for the redevelopment area and recommended land use changes to facilitate implementation of the plan. 2.2 Preliminary Plan Presentation Kimley-Horn will present a summary of the preliminary findings and recommendations for the Master Plan to the City as part of a public presentation. This will be a PowerPoint Presentation restating the goals of the process, illustrating in detail the proposed plan, and permitting the team to suggest strategies for implementation. Kimley-Horn will provide the City with both the final PowerPoint presentation illustrating the draft Vision Plan as well as a majority of the illustrations in high -resolution digital form, that will be suitable for posting on the City's website. TASK 3.0 - PLAN REFINEMENT AND PROJECT DOCUMENTATION 3.1 Plan Refinement and Document Preparation Following Phase 2 and written comments provided by the City, Kimley-Horn will refine the Preliminary Plan up to two (2) times. This assumes only minor refinements will need to be made to the documents generated during the Phase 2. The Plan components will be combined into one coherent and concise document that is user- friendly and scalable for use by the City. Included in the report will be recommendations for a conceptual implementation plan that will include the following elements: Priority Schedule Preliminary (planning level) Opinion of Probable Construction Cost for street, intersection and public right-of-way improvements based on the concepts provided in Task 2.1A. Critical Path Elements 3.2 Final Project Document Preparation Following the completion of Task 3.1 and written comments received from the Client, Kimley-Horn will prepare the final draft of all related project documents. In addition to the documents noted in Task 3.3, we can produce a Project Poster (24" X 36" or 36" X 48") summarizing the project and incorporating the Master Plan and related graphics to be used for additional marketing and public education as an additional service. (Project Poster not included) 3.3 Public Approval Presentation Kimley-Horn will make one (1) presentation to the Planning and Zoning Board and one (1) presentation to the City Council and answer questions as part of the plan adoption process. 3.4 Final Project Deliverables All documents will be submitted to the Client in digital format in their native format, in high -resolution .pdf format (for printing and publishing) and in low -resolution .pdf format (for posting on the Web). kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 7 We use Adobe InDesign for reports, and Photoshop for images and plan drawings. All images will become the property of the City upon payment of the final invoice. Kimley-Horn maintains an interest in all files produced and reserves the right to use them for marketing purposes and related project work. TASK 4.0 RESILIENCY ASSESSMENT — OPTIONAL TASK Due to the nature of the Resiliency Assessment, Kimley-Horn has provided options for the City to review and select from. Limited as identified is a higher -level assessment and analysis of the study area with respect to specific items; Expanded provides additional detail and analysis as part of this task. The City can select either the Limited or Expanded Tasks and is not required to select both. [Limited Option] 4.1 Identify Resiliency Focus Areas Using GIS data provided by the City from the Resilient Cape Canaveral 2019, Presidential Streets Small Area Study 2019, and Presidential Streets Inventory 2020/2021, Kimley-Horn will overlay street inventory conditions with the following data to identify up to five resiliency focus areas: Critical facilities o Fire Service/Law Enforcement o Transportation Operations identified in the Resilient Cape Canaveral 2019 Evacuation routes Social vulnerabilities o Household below poverty o Age A consolidate list of data needs will be provided to the City for inclusion in this task. The City will provide the requested data in the form of ArcGIS shapefiles for each of the data sets. [Expanded Option] 4.1 Identify Resiliency Focus Areas Using GIS data provided by the City from the Resilient Cape Canaveral 2019, Presidential Streets Small Area Study 2019, and Presidential Streets Inventory 2020/2021, Kimley-Horn will overlay street inventory conditions with the following data to identify up to five resiliency focus areas: - Critical facilities o Fire Service/Law Enforcement 0 o Transportation Operations identified in the Resilient Cape Canaveral 2019 o Gas Stations o Grocery Stores o Educational Facilities o Waste Facilities kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 8 o Government owned buildings o Public Utility Stations o HazMat Facility Evacuation routes Social vulnerabilities o Household below poverty o Age o Median household income o Occupied household with no vehicle o Population living with disability o Persons unemployed Crash data o Vehicular o Bicycle o Pedestrian AADT data A consolidate list of data needs will be provided to the City for inclusion in this task. The City will provide the requested data in the form of ArcGIS shapefiles for each of the data sets. [Limited Option] 4.2 Develop and Prioritize Resiliency Solutions Kimley-Horn will overlay resiliency focus areas with the following shocks and stressors to identify resiliency solutions: • Federal Emergency Management Agency, National Flood Hazard Layer, 1 percent annual chance flood event or 100 year flood zone Kimley-Horn will identify resiliency solutions for the focus areas to address key risks and vulnerabilities, which may include: Elevating/undergrounding critical facilities Green streets/infrastructure and low impact development to manage stormwater and provide co -benefits (aesthetic, environmental, and recreational) that contribute to overall community resilience and sustainability Roadway amenities such as street lighting and signage Solar traffic signals or lighting Increased bicycle/pedestrian connectivity with redevelopment, green space, and roadway improvements Policy solutions kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn [Expanded Option] Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 9 4.2 Develop and Prioritize Resiliency Solutions The Kimley-Horn will overlay resiliency focus areas with up to two of the following shocks and stressors to identify resiliency solutions: • Federal Emergency Management Agency, National Flood Hazard Layer, 1 percent annual chance flood event or 100 year flood zone • United States Army Corps of Engineers, Sea Level Rise High Curve Projections 2040 • National Oceanic and Atmospheric Administration, Sea Level Rise High Curve Projections 2040 • Category 3 Storm Surge Area Kimley-Horn will identify resiliency solutions for the focus areas to address key risks and vulnerabilities, which may include: Elevating/undergrounding critical facilities Green streets/infrastructure and low impact development to manage stormwater and provide co -benefits (aesthetic, environmental, and recreational) that contribute to overall community resilience and sustainability Roadway amenities such as street lighting and signage Solar traffic signals or lighting Increased bicycle/pedestrian connectivity with redevelopment, green space, and roadway improvements Policy solutions Kimley-Horn will compare solutions to planned improvements in the Capital Improvement Plan (CIP) and assess overlap with projects and recommendations in the Stormwater Master Plan and Brevard County Local Hazard Mitigation Strategy. The Kimley-Horn will identify existing projects within these plans to leverage for resilience dividends. [Limited Option and Expanded] 4.3 Identify Green Infrastructure Options Kimley-Horn will develop a menu of options for low impact development solutions excluding locating specific green infrastructure items on a map or specific to an identified location. Options are understood to be broad based. [Expanded Option] 4.4 Identify Funding Options Kimley-Horn will identify funding options, such as viable grants and loans, for resiliency solutions. Assumptions: kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 10 • Resilient Cape Canaveral 2019 has already assessed flood risk and social vulnerability and identified critical facilities and community assets. • Presidential Streets Inventory 2020/2021 documents the status of each street's current infrastructure across several indicators; including flood potential, surface condition, sidewalk accessibility, lighting, foliage, pedestrian safety, and capacity to capture stormwater. • The City will provide the following GIS data used to develop the Resilient Cape Canaveral 2019 Report and Presidential Streets Inventory 2020/2021: o Center for Disease Control, Social Vulnerability Index o American Community Survey, Very Low -Income Population o National Oceanic and Atmospheric Administration, Shallow Coastal Flood Areas o SLOSH Super Basin Model, Storm Surge o United States Army Corps of Engineers, Sea Level Rise High Curve Projections o Regional Planning Council, Storm Surge with Sea Level Rise o Federal Emergency Management Agency, National Flood Hazard Layer o Roadways in storm surge areas, vulnerable to sea level rise, and in flood zones o Critical facilities by hazard o Land uses o Resilience strategies and redevelopment noted by the public o General street conditions o Sidewalk conditions and inventory o Stormwater conditions o Stormwater inlet locations o Street sign locations o Traffic calming recommendations o Solar lighting locations o Lighting locations TASK 5.0 - GRANT PREPARATION AND WRITING SERVICES 5.1 Project Coordination Kimley-Horn will assist in the scheduling of meetings, the development of timelines, proposal language, and the development of the grant application. Under this task, Kimley-Horn will prepare for and facilitate a kick-off meeting with City Staff to review application requirements and details. During this meeting the following will be covered: • Kimley-Horn will provide the Client with a list of necessary materials that may be in the possession of the Client or another consultant of the Client. Consultant will review with the Client the timeliness of the receipt of materials requested. It is understood that if materials are required, and not provided by the Client in a timely manner, the Consultant may not be able to kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 11 complete and submit the grant to the relevant agency, or organization by the application deadline. • Kimley-Horn will review the application timelines which may include, but not limited to, any question and answer periods, application submittal deadline, application review and evaluation period, award date, and project completion date. 5.2 Grant Preparation and Writing Kimley-Horn will perform the following services under this task: • Provide consultation, planning, and strategizing with the Client throughout the process. • Understand the compliance guidelines provided for the grant and advise the Client. • Prepare and ask questions, as necessary and/or applicable, for clarity during available question and answer periods with grantor. • Develop timelines and the strategy for the timely submission of the application. • Collaborate with appropriate stakeholders to obtain signatures, data, forms, and other relevant information. • Locate, identify, research, collect, and analyze data as set forth in the grant application guidelines. • Provide research and research assistance, as necessary. • Develop language for both the grant application narratives and data including, if necessary, charts, tables, photographs, and diagrams to illustrate data. • Prepare supplemental documents to support the application. • Prepare grant application with all required documents. Kimley-Horn will review the draft application with Client and make necessary revisions prior to submitting the grant application. The Client is responsible for publishing any public notices in a timely manner as requested by funding agencies (in both English and Spanish, Creole or other language, if and as required by the grant). 5.3 Grant Application Submittal, Evaluation, and Monitoring Kimley-Horn will rely upon the appropriate Client representative as the responsible party for signing documents in an expeditious manner in order to meet application deadlines. Kimley-Horn or the City will submit the grant application to the required agency and/or organization in the method required under the grant. Consultant will monitor the evaluation process of the agency or organization and apprise the Client of status of award notifications. Additional Services kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 12 Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services Kimley-Horn can provide include, but are not limited to, the following: • Grant Administration Additional Services Any services not specifically provided for in the above scope, as well as any changes in the scope the Client requests, will be considered additional services and will be performed at hourly rates included herein. Additional services we can provide include, but are not limited to, the following: 1. Attendance at additional meetings and public hearings beyond those identified above. 2. Review of additional items of the City's Land Development Code as may be requested by the City. 3. Services required by additional governmental regulations, which might be put into effect after the date of this Proposal. 4. Additional analysis resulting from added development analysis or changes in the development plan or program. 5. Additional mapping or graphics not identified above. 6. Any services not specifically described in the above Scope of Services. 7. Analysis of additional information or expansion areas subsequent to the analysis completed including analysis prepared in Tasks 2.0 and 4.0. Information Provided by Client The following information shall be provided by the Client. The Consultant shall be entitled to rely on the completeness and accuracy of all information provided by the Client. 1. All information necessary to perform our services to support this effort. 2. City GIS Data and Mapping necessary to support this effort. COVID-1 9 Due to the everchanging circumstances surrounding the COVID-19 Virus, situations may arise during the performance of this Proposal that affect availability of resources and staff of Kimley-Horn, the Client, other consultants, and public agencies. There could be changes in anticipated delivery times, jurisdictional approvals, and project costs. Kimley-Horn will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays, expenses, losses, or damages of any kind arising out of the impact of the CO VID-19 Virus. Fee and Expenses Kimley-Horn shall perform tasks as more specifically detailed Tasks 1.0 — 3.0 and Task 5.0; Task 4.0 and the "Optional Tasks" will only be performed upon written request of the City. Consultant will provide a scope of services and fee for those Tasks as may be requested by the City. kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 13 Compensation to the Consultant for rendering all of the above identified services and products shall not exceed: TASK DESCRIPTION FEE Task Optional Tasks 1.0 Project Kickoff/Data Collection/Reconnaissance $27,000 1.1 Project Kickoff Meeting 1.2 Public Information Outreach 1.2A Public Meeting 1.28 Public Relations Materials 1.3 Data Collection and Base Map (provided by staff) 1.4 Survey and Mapping - Future Tasks (provided for references purposes only) Not Included 2.0 Planning and Preliminary Master Plan $33,500 2.1 Preliminary Plan Preparation 2.1D Regulatory Improvements (Optional Task) $9,500 2.1 E Conceptual Build -Out Site Plan (Optional Task) Dependent on site(s) selected; may range between $5,000- $7,500 per site depending on the nature of the site and level of detail requested. 2.2 Preliminary Plan Presentation 3.0 Plan Refinement and Project Documentation $22,500 3.1 Plan Refinement and Document Preparation 3.2 Final Project Document Preparation 3.3 Public Approval Presentations (1 time each P&Z Board and 1 time City Council) 3.4 Final Project Deliverables 4.0 Resiliency Assessment (Optional Task) Limited Options $36,000 Expanded Options $65,000 5.0 Grant Preparation and Writing Services $15,000 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 14 Fees and expenses will be invoiced monthly based, as applicable, upon the overall percentage of lump sum services performed and/or amount of effort expended and expenses incurred. Payment will be due within 30 days of your receipt of the invoice including the Kimley-Horn project number and invoice number. Closure In addition to the matters set forth herein, our Proposal shall include and be subject to, the Master Agreement for Engineering, Surveying, Architectural, Planning and Consulting Services dated June 6, 2011, which are incorporated by reference. As used in the Agreement, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City of Cape Canaveral. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please provide the following information: Please email all invoices to invoices@cityofcapecanaveral.orq Please copy t.morley©cityofcapecanaveral.orq If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute this Proposal in the spaces provided below and return to us. We will commence services only after we have received a fully -executed Proposal. Fees and times stated in this Proposal are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Proposal the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, B. Kelley Klepper, AICP Vice President Jared Schneider, AICP, CNU-A. Senior Planner BKK/JS/smj (G'.\Marketing\Propose\ City of Cape Canaveral Presidential Streets\AGR_06102021_REV08312021-Dickey_CapeCanseral_CRA_Presidential Streets Master Plan_bds_BKK MF. docx) Attachment: Request for Information Agreed to this of , 2021. CITY OF CAPE CANAVERAL, A Municipality By: Please Type/Print Name and Title kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Email Address Please Type/Print Name and Title Official Seal: Client's Federal Tax ID: Mr. David Dickey, March 11, 2021, Revised March 30, 2021, Revised June 18, 2021, Revised July 19, 2021, Revised August 30, 2021, Revised August 31, 2021,Page 15 Witness Client's Business License No.: Client's Street Address: kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Ordinance No. 33-2021; amending the text of the City's Comprehensive Plan to include a Property Rights Element as required by law; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Comprehensive Plan, severability and an effective date and legal status of the Plan Amendment, second reading. Department: Community and Economic Development Summary: During the 2021 Legislative Session, the Florida Legislature adopted, and Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local governments to amend their Comprehensive Plan to include a Property Rights Element. The new law went into effect on July 1, 2021. The addition of a new element into the City's Comprehensive Plan is done via text amendment, which requires a transmittal hearing and then a subsequent adoption hearing after State review. This first reading serves as the transmittal hearing. It is Staff's understanding that the Florida Department of Economic Opportunity, the State agency responsible for administering Comprehensive Plan amendments, will hold all other plan amendments in abeyance until such time that the local government adopts its Property Rights Element. Unless expeditiously addressed, this has the potential of delaying the numerous plan amendments currently being processed in support of the City's on -going administrative rezoning initiative. The proposed element is organized such that it simply includes the property rights statement promulgated by the Legislature as contained in Chapter 2021-195. The overarching goal of the new element is to state that the City will "respect judicially acknowledged and constitutionally protected private property rights." Furthermore, it commits the City to consider the following rights in local decision -making: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. The Planning and Zoning Board (convened as the Local Planning Agency), at its July 28, 2021 Regular Meeting, recommended approval of the subject Ordinance (Attached). The City Council, through approving the subject Ordinance at first reading, at its August 17, 2021 Regular Meeting, transmitted the subject Ordinance to the Florida Department of Economic Opportunity (DEO) for review. In correspondence dated September 15, 2021, the DEO indicated City of Cape Canaveral City Council Meeting • October 19, 2021 Agenda Item # 4 Page 2 of 2 that after a review of the proposed amendment, they had no comment and therefore the City could move forward with its adoption (Attached). The Notice of Hearing was placed for advertisement in Florida Today on August 5, 2021 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey ° Date: 10/07/21 Attachments: 1 - Ordinance No. 33-2021 2 — Florida Department of Economic Opportunity Review Letter — September 15, 2021 Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/07/21 The City Manager recommends the City Council take the following action: Adopt Ordinance No. 33-2021 on second reading. Approved by City Manager: Todd Morley Date: 10/07/21 Attachment 1 1 ORDINANCE NO. 33-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 CAPE CANAVERAL, FLORIDA; AMENDING THE TEXT OF THE 5 CITY'S COMPREHENSIVE PLAN TO INCLUDE A PROPERTY RIGHTS 6 ELEMENT AS REQUIRED BY LAW; PROVIDING FOR THE REPEAL 7 OF PRIOR INCONSISTENT ORDINANCES AND 8 RESOLUTIONS, INCORPORATION INTO THE COMPREHENSIVE 9 PLAN, SEVERABILITY AND AN EFFECTIVE DATE AND LEGAL 10 STATUS OF THE PLAN AMENDMENT. 11 12 WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Community 13 Planning Act, which was formerly known as the Local Government Comprehensive Planning and 14 Land Development Regulation Act; and 15 16 WHEREAS, the Community Planning Act requires each municipality in the State of Florida 17 to prepare, adopt, and update a Comprehensive Plan; and 18 19 WHEREAS, during the 2021 Legislative Session, the Florida Legislature adopted, and 20 Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local 21 governments to amend their comprehensive plans to include a property rights element; and 22 23 WHEREAS, the City of Cape Canaveral recognizes the importance of property rights and 24 desires to expeditiously comply with the new law by adding a property rights element to its 25 Comprehensive Plan; and 26 27 WHEREAS, in accordance with the provisions of the Community Planning Act, the City's 28 Land Planning Agency has reviewed and made a recommendation regarding this Ordinance at a 29 duly held public meeting as required by law; and 30 31 WHEREAS, the City Council of the City of Cape Canaveral held two duly noticed public 32 hearings on the proposed amendment set forth hereunder and considered findings and advice of 33 staff, citizens, and all interested parties submitting written and oral comments and supporting 34 data and analysis, and after complete deliberation, hereby approves and adopts the 35 Comprehensive Plan Amendment set forth hereunder; and 36 37 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 38 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 39 Cape Canaveral. 40 City of Cape Canaveral Ordinance No. 33-2021 Page 1 of 4 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 2 ORDAINS, AS FOLLOWS: 3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 4 this reference as legislative findings and the intent and purpose of the City Council of the City of 5 Cape Canaveral. 6 7 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, 8 the Community Planning Act, sections 163.3161 et. seq., Florida Statutes, and Chapter 2021-195, 9 Laws of Florida. 10 11 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of 12 this Ordinance to adopt a comprehensive plan amendment incorporating the revisions stated 13 herein as part of the City of Cape Canaveral Comprehensive Plan. 14 15 Section 4. Addition of Property Rights Element. The City of Cape Canaveral Code 16 Comprehensive Plan is hereby amended as set forth below (underlined type indicates additions 17 and strikeout type indicates deletions, while *** indicate deletions from the text of said 18 Comprehensive Plan that shall remain unchanged in the City's Comprehensive Plan): 19 20 City of Cape Canaveral 21 Comprehensive Plan 22 * * * 23 SECTION 11 - PROPERTY RIGHTS ELEMENT 24 PROPERTY RIGHTS ELEMENT 25 GOALS, OBJECTIVES and POLICIES 26 27 GOAL PR-1 28 29 The City will respect judicially acknowledged and constitutionally protected private property 30 rights. 31 32 OBJECTIVE PR-1.1 33 34 The City will consider when appropriate and applicable judicially acknowledged and 35 constitutionally protected private property rights when making decisions. 36 City of Cape Canaveral Ordinance No. 33-2021 Page 2 of 4 1 2 POLICY PR-1.1.1 3 4 In accordance with Florida law requiring governmental entities to respect judicially acknowledged 5 and constitutionally protected private property rights, the following rights shall be considered in 6 local decision making: 7 8 1. The right of a property owner to physically possess and control his or her interests in the 9 property, including easements, leases, or mineral rights. 10 2. The right of a property owner to use, maintain, develop, and improve his or her property for 11 personal use or for the use of any other person, subject to state law and local ordinances. 12 3. The right of the property owner to privacy and to exclude others from the property to protect 13 the owner's possessions and property. 14 4. The right of a property owner to dispose of his or her property through sale or gift. 15 16 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 17 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 18 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 19 20 Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the 21 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 22 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 23 number or letter and any heading may be changed or modified as necessary to effectuate the 24 foregoing. 25 26 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or 27 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 28 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 29 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 30 the validity of the remaining portions of this Ordinance. 31 32 Section 8. Effective Date. The effective date of the Comprehensive Plan Amendment 33 adopted by this Ordinance shall be thirty-one (31) days after the state land planning agency 34 notifies the City that the plan amendment package is complete pursuant to section 35 163.3184(3)(c)(4.), Florida Statutes. If the plan amendment is timely challenged, the plan 36 amendment shall not become effective until the state land planning agency or the Administration 37 Commission enters a final order determining the adopted amendment to be in compliance. No 38 development orders, development permits, or land use dependent on this plan amendment may City of Cape Canaveral Ordinance No. 33-2021 Page 3 of 4 1 be issued before it has become effective. After and from the effective date of this plan 2 amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape 3 Canaveral Comprehensive Plan and become a part of that plan and the plan amendment shall 4 have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended. 5 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day 7 of October, 2021. 8 9 10 11 12 13 Bob Hoog, Mayor 14 15 16 17 18 ATTEST: For Against 19 20 Mike Brown 21 22 Mia Goforth, CMC Robert Hoog 23 City Clerk 24 Mickie Kellum 25 26 Wes Morrison 27 28 Angela Raymond 29 30 Local Planning Agency: July 28, 2021 31 Advertisement: August 5, 2021 32 First Reading: August 17, 2021 33 Second Reading: October 19, 2021 34 35 36 37 Approved as to legal form and sufficiency 38 for the City of Cape Canaveral only by: 39 40 41 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 33-2021 Page 4 of 4 Attachment 2 Ron DeSantis GOVERNOR DEO FLORIDA DEPARTMENT of ECONOMIC OPPORTUNITY Dane Eagle SECRETARY September 15, 2021 The Honorable Bob Hoog Mayor, City of Cape Canaveral 100 Polk Avenue Cape Canaveral, Florida 32920 Dear Mayor Hoog: The Department of Economic Opportunity ("Department") has reviewed the proposed comprehensive plan amendment for the City of Cape Canaveral (Amendment No. 21-01ESR) received on August 26, 2021. The review was completed under the expedited state review process. We have no comment on the proposed amendment. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. In addition, the City is reminded that: Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly to the City. If the City receives reviewing agency comments and they are not resolved, these comments could form the basis for a challenge to the amendment after adoption. • The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S. • The adopted amendment must be rendered to the Department. Under Section 163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 clays after the Department notifies the City that the amendment package is complete or, if challenged, until it is found to be in compliance by the Department or the Administration Commission. Florida Department of Economic Opportunity I Caldwell Building 1107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 I www.FloridaJobs.orq www.twitter.com/FLDEO Iwww.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. The Honorable Bob Hoog September 15, 2021 Page 2 of 2 If you have any questions concerning this review, please contact Matthew Preston, Planning Analyst, by telephone at (850) 717-8490 or by email at matt.preston@deo.myflorida.com. Sincerely, James D. Stansbury, Chief Bureau of Community Planning and Growth JDS/mp Enclosure(s): Procedures for Adoption cc: Brenda Defoe-Surprenant, Senior Planner, City of Cape Canaveral Hugh Harling, Jr., Executive Director, East Central Florida Regional Planning Council SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using the Department's electronic amendment submittal portal "Comprehensive Plan and Amendment Upload" (https://floridajobs.secure. force.com/cp/) or submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. Revised: March 2021 Page 1 ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format. In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: "The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency. Revised: March 2021 Page 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Ordinance No. 37-2021; amending the definition of City Park set forth in Section 54-1 of the City Code, providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date, second reading. Department: Leisure Services Summary: This request is to amend the definition of a City Park via Ordinance No. 37-2021 (Attachment). Approximately one year ago, the City Council adopted a new Future Land Use designation and Zoning classification for Public/Recreation and Conservation which authorized a variety of public uses including, but not limited to, City Parks and other kinds of public recreational activities. Ordinance No. 37-2021 further clarifies the definition of a City Park and makes the definition consistent with the adopted Future Land Use designation and Zoning classification for Public/Recreation. It allows incorporation of public areas not currently defined as a park but used for public recreation, i.e. City Hall Plaza area. The Ordinance further requires that property classified as Public/Recreation or Conservation be affirmatively designated by signage or markers. In consideration of the new Future Land Use Designation and Zoning classification, the proposed Ordinance will update the definition of a City Park consistent with the park and recreational uses permitted under the new Future Land Use designation and Zoning district classification. At its September 21, 2021 Regular Meeting, Council approved this Ordinance at first reading. The Notice of Hearing was placed for advertisement in Florida Today on October 7, 2021. Therefore, the Ordinance is now presented for second reading and final adoption. Submitting Department Director: Gustavo Vergara Date: 10/07/21 Attachment: Ordinance No. 37-2021 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: 10/07/21 The City Manager recommends the City Council take the following action: Adopt Ordinance No. 37-2021 on second reading. Approved by City Manager: Todd Morley Date: 10/07/21 1 ORDINANCE NO. 37-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 CAPE CANAVERAL, FLORIDA; AMENDING THE DEFINITION OF CITY 5 PARK SET FORTH IN SECTION 54-1 OF THE CITY CODE; 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 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 Council has adopted a comprehensive code regulating city parks; and 14 15 WHEREAS, approximately one year ago, the City Council adopted a new future land use 16 designation and zoning classification for public/recreation and conservation which authorized a 17 variety of public uses including, but not limited to, city parks and other kinds of public recreational 18 activities; and 19 20 WHEREAS, in consideration of the new future land use designation and zoning 21 classification, the City Council desires to update the definition of city park consistent with the park 22 and recreational uses permitted under the new future land use designation and zoning district 23 classification; and 24 25 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 26 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 27 Cape Canaveral. 28 29 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 30 ORDAINS, AS FOLLOWS: 31 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 32 this reference as legislative findings and the intent and purpose of the City Council of the City of 33 Cape Canaveral. 34 35 Section 2. Amending Section 54-1of the City Code. The City of Cape Canaveral 36 Code of Ordinances, Section 54-1, is hereby amended as set forth below (underlined type 37 indicates additions and strikeout type indicates deletions, while *** indicate deletions from this 38 Ordinance of said applicable Division that shall remain unchanged in the City Code): 39 Sec. 54-1. - Definition of city park. City of Cape Canaveral Ordinance No. 37-2021 Page 1 of 3 1 2 "City park" means land or portion of land owned or maintained by the City of Cape Canaveral a-n4 which has: 3 (1) a zoning classification of Public Recreation and affirmatively designated by 4 the City by signage or markers for use by the public as a park, including recreational 5 open space, playgrounds, and athletic fields; multi -purpose recreation trails and 6 boardwalks; frisbee golf courses; botanical and community gardens; public recreation 7 facilities such as kayak launches, skate parks, picnic tables and pavilions, tennis, 8 basketball and bocce courts, and swimming pools; and other public or recreational uses 9 approved by the City Council; 10 (2) a zoning classification of Conservation and affirmatively designated by the 11 City by signage or markers for use by the public as low -intensity public recreation, 12 including, but not limited to, bicycle/nature trails, boardwalks pavilions and overlooks, 13 bird watching, recreational fishing, canoeing or kayaking, nature centers and small, low- 14 intensity playgrounds, and other passive recreational uses approved by the City Council; 15 and/or 16 is designated as a public park or public recreational area by the City's 17 Comprehensive Plan (Recreation and Open Space Element), 18 (3) been designated as a city park by an ordinance or resolution adopted by the 19 city council, or by dedication that has been accepted by the city council. Included in the 20 definition of the term "city park" are the city's special use facilities and all natural 21 resources, wildlife, facilities, improvements, waters and materials in, on or under the 22 lands so designated. 23 24 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 25 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior 26 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 27 28 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 29 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 30 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 31 and like errors may be corrected and additions, alterations, and omissions, not affecting the 32 construction or meaning of this ordinance and the City Code may be freely made. 33 34 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 35 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 36 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 37 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 38 the validity of the remaining portions of this Ordinance. 39 40 Section 6. Effective Date. This Ordinance shall become effective immediately upon City of Cape Canaveral Ordinance No. 37-2021 Page 2 of 3 1 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 2 Charter. 3 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day 5 of October, 2021. 6 7 8 9 Bob Hoog, Mayor 10 11 ATTEST: For Against 12 13 Mike Brown 14 15 Mia Goforth, CMC Robert Hoog 16 City Clerk 17 Mickie Kellum 18 19 Wes Morrison 20 21 Angela Raymond 22 23 24 First Reading: September 21, 2021 25 Advertisement: October 7, 2021 26 Second Reading: October 19, 2021 27 28 29 30 Approved as to legal form and sufficiency 31 for the City of Cape Canaveral only by: 32 33 34 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 37-2021 Page 3 of 3 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • ITEM # 6a Subject: Ordinance No. 39-2021; adopted in furtherance of the requirement set forth in Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $1,200,000 Capital Improvement Revenue Note, Series 2021, of the City to finance the cost of the purchase of the Promenade and related capital improvements and Cost of Issuance; providing for the Series 2021 Note to be secured by the City's Public Service Tax, Half -Cent Sales Tax, Guaranteed Entitlement, Communications Services Tax and certain Franchise Fees; authorizing the City's financing team to proceed to develop necessary documents; providing for the repeal of prior inconsistent ordinances and resolutions or parts of prior inconsistent ordinances and resolutions in conflict herewith, severability and an effective date, second reading. Department: Administrative/Financial Services Summary: The City establishes goals at the annual Strategic Planning Retreat and continues to take significant steps to ensure that much needed Capital Construction Projects be realized. This includes the purchase of the Promenade property for an estimated cost of $925,000, related Capital Improvements of $225,000 and Cost of Issuance not to exceed $50,000. To accomplish this undertaking, the City sought approval of a Bank Loan following the issuance of a Bank Request For Proposal (RFP) not to exceed $1,200,000 and has brought that recommendation to the October 19, 2021 City Council Meeting. At its September 21, 2021 Meeting, City Council approved Ordinance No. 39-2021 at first reading. Similar to the existing 2014 and 2017 Bank Notes, this Loan will be fully -supported by pledged revenues from the Half -Cent Sales Tax currently at $596,763 annually; Guaranteed State Revenue Sharing currently at $252,800 annually; Utility Taxes to include Public Service Tax and Communications Services Tax at $1,608,240 annually; and Franchise Fees currently at $799,867 annually. These pledged revenues total $3,257,670 annually and provide coverage of 2.28X based on a projected maximum annual debt service of $132,000 for a 10-year Loan for the Series 2021 Note and the current annual debt service on the Series 2014 and Series 2017 Notes, for total estimated annual debt service of $1,429,785. The City will never be required to levy ad valorem taxes on any property to pay the principal and interest on the Series 2021 Note. The (RFP) has been sent out by the City's Financial Advisor and reviewed by Staff and the City's Bond Counsel, on behalf of the City, requesting Ten -Year fixed rates from any responding bank, and will require Lender's adherence to the City's Term Sheet, to include no repayment penalty, and no additional, proposed Financial Covenants and hold the Ten -Year Bank -Qualified Fixed Rate Option, as requested in the RFP until October 26, 2021. Closing is expected to occur on or around October 21, 2021. Tonight's agenda also includes Resolution 2021-21 which formalizes the loan agreement between the City and the Lender. At an upcoming City Council meeting, subsequent to the approval of this loan, the City and the Community Redevelopment Agency (CRA) will enter into an agreement whereby the CRA will repay this loan. City of Cape Canaveral City Council Meeting • October 19, 2021 Agenda Item #6a Page 2 of 2 The Notice of Public Hearing was advertised in the Florida Today on October 7, 2021 and is now presented for second reading and final adoption. Submitting Department Director: John DeLeo Date: 10/11/21 Attachments: #1 — Ordinance No. 39-2021 #2 — Sources and Uses Financial Impact: $1,200,000 Capital Improvement Revenue Note, Series 2021, for the City to finance the purchase of the Promenade property, related capital improvements and cost of issuance. The 10-year loan will be secured by revenues from the Half -Cent Sales Tax, Guaranteed State Revenue Sharing; Utility Taxes to include Public Service Tax and Communications Service Tax; and Franchise Fees all totaling $3,257,670 annually as of FY ending 2020 Audit; this is sufficient to ensure repayment on the existing two Notes and the proposed 2021 Note. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/08/21 The City Manager recommends the City Council take the following actions: Adopt Ordinance No. 39-2021 at second reading. Approved by City Manager: Todd Morley Date: 10/11/21 Attachment #1 ORDINANCE NO. 39-2021 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTED IN FURTHERANCE OF THE REQUIREMENT SET FORTH IN SECTION 2.12(5), CAPE CANAVERAL CHARTER; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,200,000 CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2021, OF THE CITY TO FINANCE THE COST OF THE PURCHASE OF THE PROMENADE AND RELATED CAPITAL IMPROVEMENTS AND COST OF ISSUANCE; PROVIDING FOR THE SERIES 2021 NOTE TO BE SECURED BY THE CITY'S PUBLIC SERVICE TAX, HALF -CENT SALES TAX, GUARANTEED ENTITLEMENT, COMMUNICATIONS SERVICES TAX AND CERTAIN FRANCHISE FEES; AUTHORIZING THE CITY'S FINANCING TEAM TO PROCEED TO DEVELOP THE NECESSARY DOCUMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS OR PARTS OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, SEVERABILITY AND AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Authority for this Ordinance. This Ordinance is enacted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, Section 2.12(5) of the City Charter, City of Cape Canaveral, Florida (the "City") and other applicable provisions of law (the "Act"). SECTION 2. Findings. It is hereby ascertained, determined and declared that: (A) The City (i) pursuant to Section 166.231, Florida Statutes and certain ordinances, levies a tax on the purchase of certain utility services provided within the jurisdictional limits of the City (the "Public Service Tax"); (ii) pursuant to the provisions of Chapter 218, Part VI, Florida Statutes, receives a distribution from the Local Government Half -Cent Sales Tax Clearing Trust Fund (the "Half -Cent Sales Tax"); (iii) in accordance with the provisions of Chapter 218, Part II, Florida Statutes, receives funds from the Revenue Sharing Trust Fund for Municipalities, a portion of which distribution is the "guaranteed entitlement" as defined in Section 218.21, Florida Statutes (the "Guaranteed Entitlement"); (iv) pursuant to the authorization set forth in Chapter 202, Florida Statutes, the City receives the Communications Services Tax (the "Communications Services Tax") and (v) receives fees as a result of granting various entities permission to provide within the City electric and directly electric -related services and a natural gas distribution system (collectively, the "Franchise Fees"). Such Public Service Tax, Half -Cent Sales Tax, Guaranteed Entitlement, Communications Services Tax and Franchise Fees are not now pledged in any manner other than to the City's existing Series 2014 Capital Improvement Note, the Series 2017 Capital Improvement Note, and this proposed Capital Improvement Revenue Note, Series 2021. (B) The City is without currently available funds to pay for all of the costs of acquiring the Promenade and related capital improvements (the "Project"), and therefore proposes to pay a portion of such costs thereof from the proceeds of its not exceeding $1,200,000 Capital Improvement Revenue Note, Series 2021 (the "Series 2021 Note") to be issued by the City. City of Cape Canaveral Ordinance No. 39-2021 Page 1 of 3 (C) The principal of, premium, if any, and interest on the Series 2021 Note and all required sinking fund, reserves and other payments will be payable solely from (i) the Public Service Tax, the Half -Cent Sales Tax, the Guaranteed Entitlement, the Communications Services Tax and the Franchise Fees and (ii) until applied in accordance with the provisions of a supplemental resolution (the "Resolution") of the City adopted prior to the delivery of the Series 2021 Note, all moneys, including investments thereof, on deposit in or credited to certain funds and accounts established under the Resolution (collectively with (i) above, the "Pledged Revenues") and the City will never be required to levy ad valorem taxes on any property therein to pay the principal of and interest on the Series 2021 Note or to make any other payments provided for herein or in the Resolution, and the Series 2021 Note will not constitute a lien upon any properties owned by the City or located within the boundaries of the City, but will be payable solely from the Pledged Revenues in the manner provided in this Ordinance and in the Resolution supplemental hereto. (D) It is necessary and desirable to confirm the professionals who will continue to assist the City in the proceedings necessary for the authorization, sale and issuance of the Series 2021 Note and investment of proceeds of the Series 2021 Note. SECTION 3. Authorization of Series 2021 Note and Acquisition and Construction of Project. The issuance by the City of its not exceeding $1,200,000 Capital Improvement Revenue Note, Series 2021 for the purpose of paying costs of acquiring and constructing the Project and the cost of issuance for the Series 2021 Note is hereby authorized. The Series 2021 Note shall be dated, shall bear interest at a rate or rates not exceeding the maximum legal rate per annum, shall mature, shall be subject to redemption, shall be secured solely by a lien upon and pledge of the Pledged Revenues and shall have such other characteristics as shall be provided by the Resolution. Any Note(s) required by the lender shall be in form approved by the City Manager in consultation with the Finance Team, as hereinafter defined, consistent with the terms and conditions of this Ordinance and the Resolution. SECTION 4. Designation of Finance Team and Approval of Terms of Engagement. The Finance Team with respect to the Series 2021 Note shall consist of: Larson Consulting Services, LLC, as Financial Advisor to the City, Bryant Miller Olive P.A. as Bond Counsel, Garganese, Weiss,D'Agresta & Salzman, PA as City Attorney, the City Manager, the Finance Director and the City Clerk (the "Finance Team"). Under the direction of the City Manager, the Finance Team is hereby approved and shall take such action and execute such documents on behalf of the City, deemed reasonably necessary to effectuate the loan closing authorized by this Ordinance. In addition, to the extent required by the lending institution and deemed advisable by the Finance Team, the Mayor or Mayor Pro Tem is hereby authorized to execute loan documents on behalf of the City. SECTION 5. Conflicting Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions or parts of prior inconsistent ordinances and resolutions in conflict herewith are hereby repealed and all prior inconsistent ordinances and resolutions or parts of prior inconsistent ordinances and resolutions not in conflict herewith are hereby continued in full force and effect. City of Cape Canaveral Ordinance No. 39-2021 Page 2 of 3 SECTION 6. Severability. If any portion, clause, phrase, sentence or classification of this Ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of this Ordinance; it is hereby declared to be the express opinion of the City Council of the City of Cape Canaveral that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this Ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this Ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 7. Effective Date. The provisions within this Ordinance shall take effect immediately upon adoption by the City Council. ADOPTED by the City Council of the City of Cape Canaveral, Florida this 19th day of October, 2021. Bob Hoog, Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC, City Clerk Bob Hoog First Reading: September 21, 2021 Mickie Kellum Legal Ad Published: October 7, 2021 Second Reading: October 19, 2021 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 Ordinance No. 39-2021 Page 3 of 3 Attachment #2 SOURCES AND USES STATEMENT Sources of Funds The total Purchase and Redevelopment of the Promenade property will require $1,700,000. Sources: Capital Improvement Note 2021 $1,200,000 Pledged Revenues (Annually) to cover debt payment Franchise Fees $776,673 Utility Taxes $1,662,955 State Revenue Sharing $225,000 Half Cent Sales Tax $614,000 Total: $3,278,628 Special Purpose Investment Account (SPIA) as of August 31, 2021 Expansion Recreation $44,525 Wastewater and Stormwater Wastewater Funding $120,000 Stormwater Funding $50,000 Total: $170,000 Grant Funding $285,475 Total Funding $1,700,000 USE OF FUNDS The Pledged Revenues of $3,278,628 annually provides the necessary coverage (2.28X) to repay debt service of $132,000 for a 10 year loan. The $1,200,000 loan would solidify the required dollars needed to successfully purchase the Promenade and cover design costs. Redevelopment Costs are fully supported and executed by the Sources/Uses listed above. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • ITEM # 6b Subject: Resolution No. 2021-21; supplementing City Ordinance No. 39-2021 enacted on October 19, 2021 by accepting the proposal of Synovus Bank to purchase the City's not to exceed $1,200,000 Capital Improvement Revenue Note Series 2021; authorizing the execution and delivery of a loan agreement with said bank to secure the repayment of said note; authorizing the proper officials of the City to take any other action deemed necessary or advisable in connection with the finalization and execution of the loan agreement, the Note, and the security therefor; authorizing the execution and delivery of documents in connection with said loan; designating the Note as "Bank Qualified;" providing for repeal or supersession of prior inconsistent City resolutions or actions; providing for severability and other matters in regard thereto; and providing an effective date. Department: Administrative/Financial Services Summary: Pursuant to City Council action/direction on September 21, 2021, the Financing Team, under leadership of the City Manager selected Synovus Bank as its lender on October 11, 2021. The Financing Team and Synovus Bank have prepared loan documents (Exhibit A). The $1,200,000 represents a Project Fund of $1,150,000 and Cost of Issuance of $50,000. The Notice of Public Hearing was advertised in Florida Today on October 7, 2021. Key Terms As long as the 2021 Note is outstanding, the City shall not issue any debt payable from any of the Pledged Revenues on a parity with the 2021 Note unless there shall have been obtained and filed with the City and the Holder of the 2021 Note a certificate of the City's Finance Director setting forth the amount of Pledged Revenues for the Fiscal Year immediately preceding the issuance of such additional debt; stating that such Pledged Revenues equal at least 1.50 times the maximum debt service for all outstanding debt secured by and payable from a first lien on such Pledged Revenues and such additional proposed debt; and stating that no Event of Default was disclosed in the report of the most recent annual audit, or if such Event of Default was so disclosed, that it shall have been cured. Per the Bank RFP, this Note is for up to $1,200,000 for a Ten -Year Period. Together with other City funds, CRA support and grants, it will help provide for a portion of the financing for the Promenade Project and cover cost of issuance. It will carry a similar lien on Non Ad Valorem Revenues that totals over $3,257,000 and be a parity issue to the City's existing Series 2014 and 2021 Notes. Projected Debt Service Coverage based on these revenues is strong on an aggregate basis on all three Notes, at an estimated 2.28X. This will improve considerably as the existing 2014 Note is set to mature on February 1, 2024, and the 2017 Note will mature on February 1, 2027. Average annual debt service on the proposed Series 2021 Note is expected to be approximately $130,000. Furthermore, we understand that the City's CRA will also internally agree to support debt service on the 2021 Note via Tax Increment Revenues. The Bank RFP was issued on September 7, 2021 to 36 banks with responses from four banks on October 7, 2021. The $1,200,000 Term Note will have interest paid every February 1 and August 1 beginning February 1, 2022, and annual Principal payments every February 1st beginning February 1, 2022 with a final maturity on February 1, 2031. The Financing Plan and City Bank RFP was well- City of Cape Canaveral City Council Meeting • October 19, 2021 Agenda Item # 6b Page 2 of 2 received and Larson Consulting provided the banks with answers to their questions and requests for additional information as supported by City Staff. We have recommended to the Selection Committee of the City the award of the Bank Note to Synovus Bank as they provided the lowest Bank Qualified tax—exempt fixed rate of 1.61% for the Ten Year Note and did not require any additional financial covenants or investment requirements. The cover bid was 1.63% from BB& T Bank. Other banks that responded included Signature and SouthState. The recommended bank has agreed to hold the rate, as requested in the RFP, until October 26th to permit the City Council to meet on October 19th for the Second Hearing of the Bond Ordinance and approval of the recommended Bank. Recommendation: As the City's Financial Advisor, Larson Consulting Services recommend that the City Council approve this Bank Qualified Loan. Submitting Department Director: John DeLeo Date: 10/12/21 Attachments: #1 - Resolution No. 2021-21 and Exhibit A - Loan Agreement #2 — Larson Consulting Services Financial Advisor Memo Loan Agreement #3 — Bank RFP Responses Financial Impact: $1,200,000 Capital Improvement Revenue Note, Series 2021, for the City to finance the purchase of the Promenade property, related capital improvements and cost of issuance for 10 years at 1.61%. Principal and Interest payment per year $130,093. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/12/21 The City Manager recommends the City Council take the following actions: Adopt Resolution No. 2021-21. Approved by City Manager: Todd Morley Date: 10/12/21 ATTACHMENT 1 RESOLUTION NO. 2021-21 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, SUPPLEMENTING CITY ORDINANCE NO. 39-2021 ENACTED ON OCTOBER 19, 2021 BY ACCEPTING THE PROPOSAL OF SYNOVUS BANK TO PURCHASE THE CITY'S NOT TO EXCEED $1,200,000 CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2021; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH SAID BANK TO SECURE THE REPAYMENT OF SAID NOTE; AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO TAKE ANY OTHER ACTION DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE FINALIZATION AND EXECUTION OF THE LOAN AGREEMENT, THE NOTE, AND THE SECURITY THEREFOR; AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS IN CONNECTION WITH SAID LOAN; DESIGNATING THE NOTE AS "BANK QUALIFIED"; PROVIDING FOR REPEAL OR SUPERSESSION OF PRIOR INCONSISTENT CITY RESOLUTIONS OR ACTIONS; PROVIDING FOR SEVERABILITYAND OTHER MATTERS IN REGARD THERETO; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, the Florida Constitution and other applicable provisions of law and City Ordinance No.39-2021 enacted on October 19, 2021 (the "Ordinance"). FINDINGS. It is hereby ascertained, determined and declared: The City of Cape Canaveral, Florida (the "City") deems it necessary, desirable and in the best interests of the City and its residents and that it serves a paramount public purpose that the City issue its Capital Improvement Revenue Note, Series 2021 (the "2021 Note") to acquire the Promenade and related Capital Improvements as defined in the Ordinance, all as more particularly described in the Ordinance and the Loan Agreement (as defined herein). Pursuant to Section 2(b), Article VIII of the State Constitution, and Section 166.021, Florida Statutes, municipalities have the governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. The issuance by the City of the 2021 Note to acquire and complete the Project and the execution and delivery of the Loan Agreement to secure the 2021 Note is not prohibited by law. Based on the present volatility of the market for municipal debt in consultation with the City's financial advisor, Larson Consulting Services, LLC, and following a review of the City of Cape Canaveral Resolution No. 2021-21 Page 1 of 4 bank responses from the City's RFP for the 2021 Note by the City's financial advisor and the City Manager and other members of City staff, and the City Council's decision on September 21, to proceed with the selection of the Bank (as defined below), it has been determined it is in the best interest of the City to issue the 2021 Note pursuant to the Ordinance and the Loan Agreement by negotiated sale, allowing the City to issue the 2021 Note at the most advantageous time. allowing the City to obtain the best interest rate and other terms for the 2021 Note, and accordingly, the City Council of the City hereby finds and determines that it is in the best financial interest of the City that a negotiated sale of the 2021 Note to Synovus Bank (the "Bank") be authorized. AUTHORIZATION OF ISSUANCE OF 2021 NOTE. The City hereby authorizes issuance of the 2021 Note to acquire the Promenade and related Capital Improvements and to pay costs of issuing the 2021 Note as more particularly described in the Loan Agreement. ACCEPTANCE OF TERMS AND CONDITIONS WITH BANK. Based on a recommendation from the City's financial advisor and in consultation with the City staff, the City hereby accepts the letter of the Bank dated October 11, 2021 attached hereto to provide the City with the loan evidenced by the 2021 Note. APPROVAL OF FORM OF AND AUTHORIZATION OF LOAN AGREEMENT AND 2021 NOTE AND EXECUTION OF LOAN AGREEMENT AND 2021 NOTE. The repayment of the loan as evidenced by the 2021 Note shall be pursuant to the terms and provisions of the Ordinance, the Loan Agreement and the 2021 Note. The City hereby approves the Loan Agreement by and between the City and the Bank in substantially the form attached hereto as EXHIBIT "A" (the "Loan Agreement") and the 2021 Note and authorizes the Mayor or the Mayor Pro Tem of the City (collectively, the "Mayor") and the City Clerk or any deputy or assistant City Clerk of the City (collectively, the "City Clerk") to execute and deliver on behalf of the City the Loan Agreement and the 2021 Note in substantially the form attached to the Loan Agreement, with such changes, insertions and additions as they may approve, their execution thereof being conclusive evidence of such approval. PAYMENT OF DEBT SERVICE ON 2021 NOTE. Pursuant to the Loan Agreement, the 2021 Note will be secured by the Pledged Revenues (as defined in the Ordinance and the Loan Agreement). AUTHORIZATION OF OTHER DOCUMENTS TO EFFECT TRANSACTION. To the extent that other documents including but not limited to notices, certificates, opinions, or other items are needed to effect any of the transactions referenced in this Resolution, the Ordinance, the Loan Agreement, the 2021 Note, and the security therefor, the Mayor, the City Clerk, the City Manager, the Administrative Services Director, the Finance Director, the City Attorney, Financial Advisor and Bond Counsel are hereby authorized to execute and deliver such documents, certificates, opinions, or other items and to take such other actions as are necessary for the full, punctual, and complete performance of the covenants, agreements, provisions, and other terms as are contained herein and in the documents included herein by reference. City of Cape Canaveral Resolution No. 2021-21 Page 2 of 4 PAYING AGENT AND REGISTRAR. The City hereby accepts the duties to serve as registrar and paying agent for the 2021 Note. LIMITED OBLIGATION. The obligation of the City to repay amounts under the Loan Agreement and the 2021 Note are limited and special obligations, payable solely from the sources and in the manner set forth in the Loan Agreement and shall not be deemed a pledge of the faith and credit or taxing power of the City. DESIGNATION OF 2021 NOTE AS BANK QUALIFIED. The City designates the 2021 Note as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). The City does not reasonably anticipate that the City, any subordinate entities of the City, and issuers of debt that issue "on behalf" of the City, will during the calendar year 2021 issue more than $10,000,000 of "tax-exempt" obligations, exclusive of those obligations described in Section 265(b)(3)(C)(ii) of the Code. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS AND ACTIONS. All prior resolutions or actions of the City in conflict herewith are hereby superseded and repealed to the extent of such conflict. EFFECT OF PARTIAL INVALIDITY. If any one or more provisions of this Resolution, the Loan Agreement, or the 2021 Note shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, the 2021 Note or the Loan Agreement, but this Resolution, the Loan Agreement, and the 2021 Note shall be construed and enforced as if such illegal or invalid provision had not been contained therein. The 2021 Note shall be issued and Loan Agreement shall be executed and this Resolution is adopted with the intent that the laws of the State of Florida shall govern their construction. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. [Remainder of Page Intentionally Left Blank] City of Cape Canaveral Resolution No. 2021-21 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of October, 2021. ATTEST Mia Goforth, MMC City Clerk CITY OF CAPE CANAVERAL, FLORIDA Bob Hoog, Mayor For Against Mike Brown Bob 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. 2021-21 Page 4 of 4 RESOLUTION NO. 2021-21 EXHIBIT "A" LOAN AGREEMENT Dated October 21, 2021 By and Between CITY OF CAPE CANAVERAL, FLORIDA and SYNOVUS BANK TABLE OF CONTENTS (The Table of Contents for this Loan Agreement is for convenience of reference only and is not intended to define, limit or describe the scope or intent of any provisions of this Loan Agreement.) Page ARTICLE I DEFINITION OF TERMS 1 Section 1.01. Definitions 1 Section 1.02. Interpretation 4 Section 1.03. Titles and Headings 4 ARTICLE II REPRESENTATIONS AND WARRANTIES OF THE PARTIES 4 Section 2.01. Representations and Warranties of City 4 Section 2.02. Covenants of the City 5 Section 2.03. Representations and Warranties of Bank 5 ARTICLE III THE 2021 NOTE 5 Section 3.01. Purpose and Use 5 Section 3.02. The 2021 Note 5 Section 3.03. Adjustments to 2021 Note Rate 6 Section 3.04. Conditions Precedent to Issuance of 2021 Note 7 Section 3.05. Registration of Transfer; Assignment of Rights of Bank 8 Section 3.06. Ownership of the 2021 Note 9 Section 3.07. Use of Proceeds of 2021 Note Permitted Under Applicable Law 9 Section 3.08. Authentication 9 ARTICLE IV COVENANTS OF THE CITY 9 Section 4.01. Performance of Covenants 9 Section 4.02. Payment of 2021 Note 10 Section 4.03. Tax Covenant 10 Section 4.04. Compliance with Laws and Regulations 10 Section 4.05. Additional Debt 10 Section 4.06. Debt Service Fund 10 Section 4.07. Covenant Regarding Pledged Revenues 11 ARTICLE V EVENTS OF DEFAULT AND REMEDIES 11 Section 5.01. Events Of Default 11 Section 5.02. Remedies 11 Section 5.03. Remedies Cumulative 12 Section 5.04. Waivers, Etc. 12 ARTICLE VI MISCELLANEOUS PROVISIONS 12 Section 6.01. Covenants of City, Etc.; Successors 12 Section 6.02. Term of Agreement 12 Section 6.03. Amendments and Supplements 12 Section 6.04. Notices 12 i Section 6.05. Benefits Exclusive 13 Section 6.06. Severability 13 Section 6.07. Payments Due on Saturdays, Sundays and Holidays 13 Section 6.08. Counterparts 14 Section 6.09. Applicable Law 14 Section 6.10. No Personal Liability 14 Section 6.11. Incorporation by Reference 14 Section 6.12. Waiver of Jury Trial 14 Exhibit A Form of Note Including Purchaser's Certificate A-1 ii LOAN AGREEMENT THIS LOAN AGREEMENT (the "Agreement"), made and entered into this 21st day of October, 2021 by and between the CITY OF CAPE CANAVERAL, FLORIDA (the "City"), a municipal corporation of the State of Florida, and SYNOVUS BANK, a Georgia banking corporation authorized to do business in Florida, and its successors and assigns (the "Bank"). WITNESSETH: WHEREAS, capitalized terms used in these recitals and not otherwise defined shall have the meanings specified in Article I of this Agreement; WHEREAS, the City, pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, Ordinance No. 39-2021 of the City (the "Ordinance") and other applicable provisions of law (all of the foregoing, collectively, the "Act"), and Resolution No. 2021-21, adopted by the City on October 19, 2021 (the "Resolution"), is authorized to borrow money, and more particularly issue the 2021 Note described below for the City's public purposes; and WHEREAS, regarding an intended borrowing by the City for the purpose of (i) financing the purchase of the Promenade Building located at 7404 North Atlantic Avenue, (ii) financing related Capital Improvements as defined in the Ordinance and (iii) paying the costs of issuance of the 2021 Note (the "Project"), the Bank has agreed to purchase the 2021 Note on the terms set forth herein. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I DEFINITION OF TERMS Section 1.01. Definitions. Capitalized terms used in this Agreement shall have the respective meanings as follows unless the context clearly requires otherwise: "Act" shall have the meaning assigned to that term in the recitals hereof. "Agreement" shall mean this Loan Agreement and all modifications, alterations, amendments and supplements hereto made in accordance with the provisions hereof. ["Authorized Denominations" shall mean $1,000 and integral multiples thereof.] "Bank" shall mean Synovus Bank, a Georgia banking corporation, and its successors and assigns. "Bond Counsel" shall mean, Bryant Miller Olive, PA, or any other attorney at law or firm of attorneys of nationally recognized standing in matters pertaining to the exclusion of interest on obligations issued by states and political subdivisions from federal income taxation hired by the City to render an opinion on such matters with regard to the 2021 Note. 1 "Business Day" shall mean any day other than a Saturday, a Sunday, or a day on which the office of the Holder at which payments on the 2021 Note are due or the offices of the City are lawfully closed. "City" shall mean the City of Cape Canaveral, Florida, a municipal corporation of the State of Florida. "City Clerk" shall mean the City Clerk of the City or any deputy or assistant city clerk of the City and such other person as may be duly authorized to act on his or her behalf. "City Manager" shall mean the City Manager of the City and such other person as may be duly authorized to act on his or her behalf. "Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, and the applicable rules and regulations promulgated thereunder. "Communications Services Taxes" shall mean the taxes on local communications services levied on the City pursuant to section 202.19(1), Florida Statutes. "Communications Services Tax Revenues" shall mean all revenues received by the Issuer from the levy of Communications Services Taxes. "Debt Service" shall mean principal and interest, and other debt -related costs, due in connection with the 2021 Note, as applicable. "Debt Service Fund" shall mean the City of Cape Canaveral Capital Improvement Debt Service Fund established herein. "Default Rate" shall mean the lesser of five (5) percentage points in excess of the Bank's Prime Rate of interest or the maximum legal interest rate. "Determination of Taxability" shall mean, with respect to the 2021 Note, any determination, decision or decree by the Commissioner or any District Director of the Internal Revenue Service, as such officers are identified by the Code, or any court of competent jurisdiction, that the interest payable under the 2021 Note is includable in federal gross income (as defined in Section 61 of the Code) of the Holder. "Event of Default" shall mean an Event of Default as defined in Section 5.01 of this Agreement. "Finance Director" shall mean the City's Administrative/Financial Services Director or such other person as may be duly authorized to act on his or her behalf. "Financial Advisor" shall mean Larson Consulting Services, LLC, Orlando, Florida or any other Securities and Exchange Commission and Municipal Securities Rulemaking Board licensed municipal advisor designated by the City. 2 "Fiscal Year" shall mean the 12-month period commencing October 1 of each year and ending on the succeeding September 30, or such other 12-month period as the City may designate as its "fiscal year" as permitted by law. "Franchise Fees" shall mean collectively the franchise fees received by the City pursuant to that agreement known as "Cape Canaveral Natural Gas Franchise," and the franchise fees received by the City from Florida Power and Light Company pursuant to a City ordinance adopted on August 16, 2011. "Guaranteed Entitlement" shall mean the guaranteed entitlement portion of the state revenue sharing funds available to the City pursuant to Part II of Chapter 218, Florida Statues. "Half -Cent Sales Tax" shall mean any and all proceeds of the local government half -cent sales tax distributed to the City from the Local Government Half -Cent Sales Tax Clearing Trust Fund, as defined and described in Part VI, Chapter 218, Florida Statues, as amended. "Holder" and "Noteholder" shall mean the Bank as the initial holder of the 2021 Note and any subsequent registered holder of the 2021 Note. "Loan" shall refer to an amount equal to the outstanding principal of the 2021 Note, together with unpaid interest and penalties, if any, which have accrued. "Maturity Date" shall mean the date on which all principal and all unpaid interest accrued on the 2021 Note shall be due and payable in full, which date shall be, if not sooner due to prepayment, February 1, 2031. "Prime Rate" means the base, reference or other rate designated by the Holder as its "prime rate," or if the Holder does not designate a prime rate, or if the Holder is no longer an Owner, the rate published from time to time by the Wall Street Journal as the U.S. Prime Rate. The Prime Rate is not necessarily the lowest or best rate of interest offered by the Holder any borrower or class of borrowers. "Parity Debt" shall mean the City's outstanding Capital Improvement Revenue Note, Series 2014 and its Series 2017 Capital Improvement Note. "Payment Date" shall mean each February 1 and August 1, commencing February 1, 2022 until the 2021 Note has been paid in full. "Pledged Revenues" shall mean collectively the Communications Services Tax Revenues, the Public Services Tax Revenues, the Guaranteed Entitlement, the Half -Cent Sales Tax, the Franchise Fees and amounts on deposit in the Debt Service Fund. "Public Services Tax" shall mean such tax as levied and collected by the City pursuant to the authority of Section 166.231, Florida Statutes. "Public Services Tax Revenues" shall mean all revenues received by the Issuer from the levy of the Public Services Tax. 3 "Resolution" shall mean Resolution No. 2021-21, adopted at a meeting of the City Council of the City on October 19, 2021, which, among other things, authorized the execution and delivery of this Agreement and the issuance of the 2021 Note. "2021 Note" shall mean the City of Cape Canaveral, Florida Capital Improvement Revenue Note, Series 2021. "2021 Note Rate" shall mean the rate of interest to be borne by the 2021 Note, which shall be a fixed rate equal to 1.61% per annum, calculated on the basis of a 360-day year of 12, 30-day months, subject to adjustment as provided herein and in the 2021 Note. Section 1.02. Interpretation. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. Section 1.03. Titles and Headings. The titles and headings of the Articles and Sections of this Agreement, which have been inserted for convenience of reference only and are not to be considered a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. ARTICLE II REPRESENTATIONS AND WARRANTIES OF THE PARTIES Section 2.01. Representations and Warranties of City. The City represents and warrants to the Bank as follows: (a) Existence. The City is a municipal corporation of the State of Florida, duly created and validly existing under the laws of the State of Florida, with full power to enter into this Agreement, to perform its obligations hereunder and to issue and deliver the 2021 Note to the Bank. The making, execution and performance of this Agreement on the part of the City and the issuance and delivery of the 2021 Note has been duly authorized by all necessary action on the part of the City and will not violate or conflict with the Act, the City Charter, or any agreement, indenture or other instrument by which the City or any of its material properties is bound. (b) Validity, Etc. This Agreement, the 2021 Note, the Ordinance and the Resolution are valid and binding obligations of the City enforceable against the City in accordance with their respective terms, except to the extent that enforceability may be subject to valid bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or from time to time affecting the enforcement of creditors' rights and except to the extent that the availability of certain remedies may be precluded by general principles of equity. 4 (c) No Financial Material Adverse Change. No material adverse change in the financial condition of the City or the Pledged Revenues has occurred since the audited financial statements of the City for its year ended September 30, 2020. (d) Powers of City. The City has the legal power and authority to pledge the Pledged Revenues to the repayment of the 2021 Note as described herein and in the Ordinance and none of the Pledged Revenues are pledged to any other obligations of the City other than the Parity Debt to which all of the Pledged Revenues are pledged. (e) Authorizations, etc. No authorization, consent, waiver, approval, license, exemption of or registration or filing with any court or governmental depaiintent, council, board, bureau, agency or instrumentality, domestic or foreign, has been or will be necessary for the valid execution, delivery and performance by the City of this Agreement, the 2021 Note and the related documents, except such as have been obtained, given or accomplished. (f) Advice. The City has sought and obtained financial, legal, tax, accounting and other advice (including as it relates to structure, timing, terms and similar matters) with respect to the proposed issuance of the 2021 Note from its financial, legal and other advisors (and not the Bank or any of its affiliates) to the extent that the City desired to obtain such advice. The City acknowledges that neither the Bank nor any of its affiliates shall act as a fiduciary for the City or in the capacity of broker, dealer, municipal securities underwriter or municipal advisor with respect to the proposed issuance of the 2021 Note and neither the Bank nor any of its affiliates has provided, and will not provide, financial, legal, tax, accounting or other advice to or on behalf of the City with respect to the proposed issuance of the 2021 Note. Section 2.02. Covenants of the City. The City covenants as follows: (a) Beginning with the Fiscal Year ending September 30, 2021, the City shall provide to the Holder its audited year-end financial statements no later than 270 days after the end of each Fiscal Year prepared in accordance with generally accepted accounting principles and in accordance with Chapter 10.550 of the Rules of the Auditor General or the provisions of any successor state or rule governing Florida local governmental entity audits. (b) The City will prepare its annual budget in accordance with the Act, and will provide to the Bank a copy of its final annual budget for each Fiscal Year within 45 days of the commencement thereof. The City will provide the Bank such other financial or public information as the Holder may reasonably request. (c) The City agrees that any and all records of the City related to the 2021 Note shall be open to inspection by the Bank, or its representatives at all reasonable times at the office of the City,and upon reasonable notice. (d) The City shall promptly inform the Bank in writing of any actual or potential contingent liabilities or pending or threatened litigation of an amount limited to $5,000,000 or greater that could reasonably be expected to have a material adverse effect upon the financial condition of the City or upon the ability of the City to perform its obligations under the 2021 Note. 5 (e) The City shall maintain such liability, casualty, and other insurance as is reasonable and prudent for a similarly situated City and shall upon request of the Bank, provide evidence of such coverage. (f) The City is in compliance and shall comply with all applicable federal, state, and local laws and regulatory requirements. (g) The books and records of the City shall be kept in accordance with generally accepted accounting principles. (h) The City shall within ten (10) days after it acquires knowledge thereof, notify the Bank in writing upon the happening, occurrence, or existence of any Event of Default, and any event or condition which with the passing of time or giving of notice, or both, would constitute an Event of Default, and shall provide the Bank with such written notice, a detailed statement by a responsible officer of the City of all relevant facts and the action being taken by the City with respect thereto. Section 2.03. Representations and Warranties of Bank. The Bank represents and warrants to the City as follows: (a) Existence. The Bank is a Georgia state banking corporation, authorized to do business in the State of Florida, with full power to enter into this Agreement, to perform its obligations hereunder and to make the Loan. The performance of this Agreement on the part of the Bank and the making of the Loan have been duly authorized by all necessary action on the part of the Bank and will not violate or conflict with applicable law or any material agreement, indenture or other instrument by which the Bank or any of its material properties is bound. (b) Validity. This Agreement is a valid and binding obligation of the Bank enforceable against the Bank in accordance with its terms, except to the extent that enforceability may be subject to valid bankruptcy, insolvency, financial emergency, reorganization, moratorium or similar laws relating to or from time to time affecting the enforcement of creditors' rights (and specifically creditors' rights as the same relate to banks) and except to the extent that the availability of certain remedies may be precluded by general principles of equity. (c) Knowledge and Experience. The Bank (i) has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of making the Loan and purchasing in the 2021 Note, (ii) has received and reviewed such financial information concerning the Pledged Revenues as it has needed in order to fairly evaluate the merits and risks of making the Loan and purchasing in the 2021 Note; and (iii) is purchasing the 2021 Note as an investment for its own account and not with a current view toward resale to the public. ARTICLE III THE 2021 NOTE Section 3.01. Purpose and Use. On the date of this Agreement, the Bank shall fund to the City the Loan in the principal amount of One Million Two Hundred Thousand Dollars 6 ($1,200,000). The Loan will be evidenced by the 2021 Note. The proceeds of the 2021 Note shall be used solely to construct the Project and to pay costs of issuing the 2021 Note. Section 3.02. The 2021 Note. The 2021 Note shall be substantially in the form set forth as Exhibit A to this Agreement. The general terms of the 2021 Note shall be as follows: (a) Amount of 2021 Note. The aggregate principal amount of the 2021 Note shall be One Million Two Hundred Thousand Dollars ($1,200,000). (b) Interest. The 2021 Note shall bear interest at the 2021 Note Rate payable on each Payment Date. The 2021 Note Rate shall be subject to adjustment as provided in Sections 3.03 and 5.02 hereof. The Holder shall promptly notify the City in writing of any adjustments in a 2021 Note Rate. Notwithstanding any provision hereof the contrary, in no event shall the interest rate on the 2021 Note exceed the maximum rate permitted by law. Interest on the 2021 Note shall be computed on the basis of 12, 30-day months and a 360-day year. (c) Prepayments and Principal Payments. The City may prepay the 2021 Note in whole or in part, at any time, provided that such prepayment shall be with a 102% prepayment penalty if prepaid prior to October 21, 2024 and without prepayment premium or penalty thereafter. Principal on the 2021 Note is payable on each February 1 commencing February 1, 2022 as set forth in the 2021 Note. Section 3.03. Adjustments to 2021 Note Rate. The 2021 Note Rate shall be subject to adjustment by the Bank as hereinafter described and as provided in the 2021 Note. In the event of a Determination of Taxability, due to actions or inactions of the City, the 2021 Note Rate shall be adjusted to a taxable rate (the "Taxable Rate") effective retroactively to the date on which interest on the 2021 Note is determined to be included in gross income for federal income tax purposes. The taxable rate will be calculated by dividing the tax-exempt rate by 1 minus the maximum federal tax rate in effect at the time the 2021 Note becomes taxable. The City agrees to pay penalties and interest paid or payable by the Noteholder to the Internal Revenue Service by reason of such Determination of Taxability. If the 2021 Note ceases to be a "qualified tax-exempt obligation" under Section 265(b)(3) of the Code then the 2021 Note Rate shall be adjusted to cause the yield on the 2021 Note to equal what the yield on the 2021 Note would have been in the absence of such change or amendment in the tax laws or regulations or other cause. The Holder shall promptly notify the City in writing of any adjustments pursuant hereto. Such adjustments shall become effective as of the effective date of the event causing such adjustment. Adjustments pursuant hereto may be retroactive. The Holder shall certify to the City in writing the additional amount, if any, due to the Holder as a result of an adjustment pursuant hereto. Notwithstanding any provision here to the contrary, in no event shall the interest rate on the 2021 Note exceed the maximum rate permitted by law. 7 Section 3.04. Conditions Precedent to Issuance of 2021 Note. Prior to or simultaneously with the delivery of the 2021 Note, there shall be delivered to the Bank the following, each in form and substance reasonably acceptable to the Bank: (a) an opinion of legal counsel to the City substantially to the effect that (i) the Resolution and Ordinance have been duly adopted and enacted, respectively, and this Agreement and the 2021 Note have been duly authorized, executed and delivered by the City and each constitutes a valid, binding and enforceable agreement of the City in accordance with their respective terms, except to the extent that the enforceability of the rights and remedies set forth therein may be limited by bankruptcy, insolvency, or other laws affecting creditors' rights generally or by usual equity principles; (ii) the City's execution, delivery and performance of this Agreement and execution and issuance of the 2021 Note are not subject to any authorization, consent, waiver, approval or review of any governmental body, public officer or regulatory authority not heretofore obtained or effected; (iii) the execution, issuance and delivery of the 2021 Note has been duly and validly authorized by the City, and the 2021 Note constitutes a valid and binding special obligation of the City enforceable in accordance with its terms; (iv) the City (A) is a municipal corporation duly organized and validly existing under the laws of the State of Florida, and (B) has power and authority to adopt the Resolution and enact the Ordinance, to execute and deliver this Agreement, to execute and deliver the 2021 Note, and to consummate the transactions contemplated by such instruments; (v) the execution, delivery and performance of the 2021 Note and this Agreement, and compliance with the terms thereof and hereof, under the circumstances contemplated hereby, do not and will not in any material respect conflict with, or constitute on the part of the City a breach or default under, any indenture, mortgage, deed of trust, agreement or other instrument to which the City or to which its properties are subject or conflict with, violate or result in a breach of any existing law, administrative rule or regulation, judgment, court order or consent decree to which the City or its properties are subject; (vi) there is no claim, action, suit, proceeding, inquiry, investigation, litigation or other proceeding, at law or in equity, pending or to the best of such counsel's knowledge, threatened, in any court or other tribunal, state or federal (A) restraining or enjoining, or seeking to restrain or enjoin, the issuance, sale, execution or delivery of the 2021 Note, (B) in any way questioning or affecting the validity or enforceability of any provision of this Agreement, the 2021 Note, the Resolution or the Ordinance, (C) in any way questioning or affecting the validity of any of the proceedings or authority for the authorization, sale, execution or delivery of the 2021 Note, or of any provision made or authorized for the payment thereof, or (D) questioning or affecting the organization or existence of the City or the right of any of its officers to their respective offices; (vii) the City has the legal authority to construct the Project, to grant a lien on the Pledged Revenues as described herein and in the Ordinance; and (viii) all conditions contained in the ordinances and resolutions of the City precedent to the issuance of the 2021 Note have been complied with; (b) an opinion of Bond Counsel (who may rely on opinion of legal counsel to the City), substantially to such effect that such counsel is of the opinion that: (i) this Agreement constitutes a valid and binding obligation of the City enforceable upon the City in accordance with its terms; (ii) the 2021 Note is a valid and binding special obligation of the City enforceable in accordance with its terms, payable solely from the sources provided therefor in this Agreement and the Ordinance; (iii) assuming compliance by the City with certain covenants relating to requirements contained in the Code interest on the 2021 Note is excluded from gross income for purposes of federal income taxation; (iv) the 2021 Note is a "qualified tax-exempt obligation" 8 within the meaning of Section 265(b)(3) of the Code; and (v) the 2021 Note is exempt from registration under the Securities Act of 1993, as amended, and the Resolution, the Ordinance and this Agreement are exempt from qualification under the Trust Indenture Act of 1939, as amended; (c) a copy of a completed and executed Form 8038-G to be filed with the Internal Revenue Service by the City; (d) the original executed 2021 Note and Agreement; (e) copies of the Ordinance and Resolution; and (f) such other documents as the Bank reasonably may request (including, without limitation, Florida Division of Bond Finance forms). When the documents and items mentioned in clauses (a) through (f), inclusive, of this Section shall have been delivered to the Bank, and when the 2021 Note shall have been executed as required by this Agreement, the City shall deliver the 2021 Note to or upon the order of the Bank upon receipt of the purchase price therefor. Section 3.05. Registration of Transfer; Assignment of Rights of Bank. The City as the registrar shall keep at the office of the City Clerk in the City's records the registration of the 2021 Note and the registration of transfers of the 2021 Note as provided in this Agreement. The transfer of the 2021 Note may be registered only upon the books kept for the registration of the 2021 Note and registration of transfer thereof upon surrender thereof to the City as registrar together with an assignment duly executed by the Holder or its attorney or legal representative in the form of the assignment set forth on the form of the 2021 Note attached as Exhibit A to this Agreement; provided, however, that such 2021 Note may be transferred only in whole and not in part. In the case of any such registration of transfer, the City shall execute and deliver in exchange for the 2021 Note a new 2021 Note registered in the name of the transferee. In all cases in which a 2021 Note shall be transferred hereunder, the City shall execute and deliver at the earliest practicable time a new 2021 Note in accordance with the provisions of this Agreement. The City may make a charge for every such registration of transfer of a 2021 Note sufficient to reimburse it for any tax or other governmental charges required to be paid with respect to such registration of transfer, but no other charge shall be made for registering the transfer hereinabove granted. The 2021 Note shall be issued in fully registered form and shall be payable in any lawful coin or currency of the United States. The registration of transfer of a 2021 Note on the registration books of the City shall be deemed to effect a transfer of the rights and obligations of the Bank under this Agreement to the transferee. Thereafter, such transferee shall be deemed to be the Bank under this Agreement and shall be bound by all provisions of this Agreement that are binding upon the Bank. The City and the transferor shall execute and record such instruments and take such other actions as the City and such transferee may reasonably request in order to confirm that such transferee has succeeded to the capacity of Bank under this Agreement and the 2021 Note. No transfer shall be permitted absent the City's receipt of a certificate in form and substance similar to the one included as part of Exhibit A hereto from such proposed transferee. Every prior 9 Holder of a 2021 Note shall be deemed to have waived and renounced all of such owner's equities or rights therein in favor of every bona fide purchaser, and every such bona fide purchaser shall acquire absolute title thereto and to all rights represented thereby. In the event any 2021 Note is mutilated, lost, stolen, or destroyed, the City shall execute a new 2021 Note of like date and denomination as that mutilated, lost, stolen or destroyed, provided that, in the case of any mutilated 2021 Note, such mutilated 2021 Note shall first be surrendered to the City, and in the case of any lost, stolen, or destroyed 2021 Note, there first shall be furnished to the City evidence of such loss, theft or destruction together with an indemnity satisfactory to it. Section 3.06. Ownership of the 2021 Note. The person in whose name the 2021 Note is registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the 2021 Note shall be made only to the Holder thereof or such owner's legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon the 2021 Note, and interest thereon, to the extent of the sum or sums so paid. Section 3.07. Use of Proceeds of 2021 Note Permitted Under Applicable Law. The City represents, warrants and covenants that the proceeds of the 2021 Note will be used as provided in Section 3.01 hereof, and that such use is permitted by applicable law. Section 3.08. Authentication. Until the 2021 Note shall have endorsed thereon a certificate of authentication substantially in the form set forth in Exhibit A, duly executed by the manual signature of the City Clerk as registrar, it shall not be entitled to any benefit or security under this Agreement. The 2021 Note shall not be valid or obligatory for any purpose unless and until such certificate of authentication shall have been duly executed by the registrar, and such certificate of the registrar upon the 2021 Note shall be conclusive evidence that such the Note has been duly authenticated and delivered under this Loan Agreement. ARTICLE IV COVENANTS OF THE CITY Section 4.01. Performance of Covenants. The City covenants that it will perform faithfully at all times its covenants, undertakings and agreements contained in this Agreement and the 2021 Note and in any proceedings of the City relating to the Loan provided that any payments due hereunder shall be paid solely from Pledged Revenues. Section 4.02. Payment of 2021 Note. (a) The City does hereby irrevocably pledge the Pledged Revenues as security for the repayment of the 2021 Note. (b) The 2021 Note is a special obligation of the City secured solely by lien upon the Pledged Revenues and payable from the Pledged Revenues as provided in the Ordinance and this Agreement. The 2021 Note will be payable on a parity and rank equally as to lien on and source and security for payment from the Pledged Revenues, and in all other respects, with the Parity Debt. The 2021 Note will not constitute a general debt, liability or obligation of the City or the State of Florida or any political subdivision thereof within the meaning of any constitutional 10 or statutory limitation. Neither the faith and credit nor the taxing power of the City or of the State of Florida or any political subdivision thereof is pledged to the payment of the principal of or interest on the 2021 Note and the Holder shall never have the right to compel any exercise of any ad valorem taxing power of the City or of the State of Florida or any political subdivision thereof, directly or indirectly to enforce such payment. The 2021 Note shall not constitute a lien upon any property of the City except upon the Pledged Revenues. Section 4.03. Tax Covenant. The City covenants to the Holder that the City will not make any use of the proceeds of the 2021 Note at any time during the term of such Note which, if such use had been reasonably expected on the date the 2021 Note was issued, would have caused such Note to be an "arbitrage bond" within the meaning of the Code. The City will do all acts including complying with the requirements of the Code and any valid and applicable rules and regulations promulgated thereunder necessary to insure the exclusion of interest on the 2021 Note from the gross income of the Holder thereof for purposes of federal income taxation. Section 4.04. Compliance with Laws and Regulations. The City shall maintain compliance with all federal, state and local laws and regulations applicable to the construction and improvements of the Project and the Loan. Section 4.05. Additional Debt. [As long as the 2021 Note is outstanding, the City (a) shall not issue any debt payable from or enjoying a lien upon any of the Pledged Revenues ranking prior and superior to the lien created by the Ordinance and this Agreement for the benefit of the 2021 Note and (b) shall not issue any debt payable from any of the Pledged Revenues on a parity with the Parity Debt or the 2021 Note unless there shall have been obtained and filed with the City and the Holder of the 2021 Note a certificate of the City's Finance Director (i) setting forth the amount of Pledged Revenues for the two (2) most recent Fiscal Year ends as set forth in the City's CFARs; (ii) stating that such Pledged Revenues [are greater than] 1.50 times the maximum debt service for all outstanding debt secured by and payable from a first lien on such Pledged Revenues and such additional proposed debt; and (iii) stating either that no Event of Default has occurred or if such Event of Default has occurred that it shall have been cured. For purposes of such calculation if the interest rate on the proposed additional debt will be a variable interest rate, the rate for purposes hereof shall be calculated at the initial rate.] Section 4.06. Debt Service Fund. [Commencing[ ], 2022 and no later than the 25th day of each month thereafter the City shall deposit to the Debt Service Fund an amount equal to at least one -sixth (1/6th) of the interest coming due on the 2021 Note on the next Payment Date and an amount equal to at least one -twelfth (1/12) of the principal amount coming due on the 2021 Note on the next February 1. The City shall adjust the amount of any deposit to the Debt Service Fund so as to provide sufficient moneys therein to pay the amounts due on any Payment Date. Amounts on deposit in the Debt Service Fund shall be used solely for making payments on the 2021 Note and the Parity Debt. Deposits of Pledged Revenues to the Debt Service Fund or the 2021 Note shall be made pro rata with all deposits of Pledged Revenues made to the Debt Service Fund for the Parity Debt and the Debt Service Fund shall continue to be held by the Bank for as long as the 2021 Note remains outstanding.] Section 4.07. Covenant Regarding Pledged Revenues. As long as the 2021 Note is outstanding the City covenants to (i) take all steps, actions, and proceedings necessary for the 11 enforcement and collection of the Pledged Revenues, (ii) not to repeal the actions of the City authorizing the receipt of the Pledged Revenues, and (iii) not to amend or modify its proceedings in any manner which would impair or adversely affect the power of the City to receive any of the Pledged Revenues or adversely affect in any manner the pledge of the Pledged Revenues or the rights of the Holder. ARTICLE V EVENTS OF DEFAULT AND REMEDIES Section 5.01. Events Of Default. The following events shall each constitute an "Event of Default:" (a) Note when due. The City defaults in the payment of the principal of or interest on the 2021 (b) The City shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the 2021 Note or in this Agreement on the part of the City to be performed, and such default shall continue for a period of thirty days after written notice of such default shall have been received from the Holder of the 2021 Note. Notwithstanding the foregoing, the City shall not be deemed in default hereunder if such default can be cured within a reasonable period of time and if the City in good faith institutes curative action and diligently pursues such action until the default has been corrected. (c) Any representation or warranty made in writing by or on behalf of the City in this Agreement or the 2021 Note shall prove to have been false or incorrect in any material respect on the date made or reaffirmed. (d) The City admits in writing its inability to pay its debts generally as they become due or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or consents to the appointment of a receiver or trustee for itself. (e) The City shall file a petition or answer seeking reorganization or any arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or the State of Florida. (f) Failure by the City to promptly remove any execution, garnishment or attachment of such consequence as will materially impair its ability to carry out its obligations. (g) The City is adjudged insolvent by a court of competent jurisdiction, or it is adjudged bankrupt on a petition in bankruptcy filed by or against the City, or an order, judgment or decree is entered by any court of competent jurisdiction appointing, without the consent of the City, a receiver or trustee of the City or of the whole or any part of its property, and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within 90 days from the date of entry thereof. 12 Section 5.02. Remedies. A Holder of the 2021 Note or any trustee or receiver acting for such Holder may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State, or granted and contained in this Agreement, and may enforce and compel the performance of all duties required by this Agreement or by any applicable statutes to be performed by the City or by any officer thereof. Only if any debt payable from the Pledged Revenues on parity with the 2021 Note is accelerated shall the Holder shall have the right to declare the 2021 Note immediately due and payable. The City shall pay the Holder the reasonable fees and costs incurred by the Holder and its agents in pursuing such remedies. In addition, any amount due hereunder or under the 2021 Note not paid when due shall bear interest at the Default Rate from and after five (5) days after the date due. Section 5.03. Remedies Cumulative. No remedy herein conferred upon or reserved to the Holder is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder. Section 5.04. Waivers, Etc. No delay or omission of the Noteholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or any acquiescence therein; and every power and remedy given by this Agreement to the Noteholder may be exercised from time to time and as often as may be deemed expedient. The Noteholder may waive any default which in its opinion shall have been remedied before the entry of final judgment or decree in any suit, action or proceeding instituted by it under the provisions of this Agreement or before the completion of the enforcement of any other remedy under this Agreement, but no such waiver shall be effective unless in writing and no such waiver shall extend to or affect any other existing or any subsequent default or defaults or impair any rights or remedies consequent thereon. ARTICLE VI MISCELLANEOUS PROVISIONS Section 6.01. Covenants of City, Etc.; Successors. All of the covenants, stipulations, obligations and agreements contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the successor or successors thereof from time to time, and upon any officer, board, council, authority, agency or instrumentality to whom or to which any power or duty affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law. Section 6.02. Term of Agreement. This Agreement shall be in full force and effect from the date hereof until the 2021 Note and all other sums payable to the Holder hereunder have been paid in full. 13 Section 6.03. Amendments and Supplements. This Agreement may be amended or supplemented from time to time only by a writing duly executed by each of the City and the Holder. Section 6.04. Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given to or filed with the City or the Bank, shall be deemed to have been sufficiently given or filed for all purposes of this Agreement if and when sent by certified mail, return receipt requested: (a) (b) (c) As to the City: City of Cape Canaveral, Florida P.O. Box 326 Cape Canaveral, Florida 32920 Attention: City Manager With a copy to: Anthony Garganese, Esq. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32801 As to the Bank: Synovus Bank Government Banking Solutions 7768 Ozark Drive, Suite 100 Jacksonville, FL 32256 Attention: Andy LaFear or at such other address as shall be furnished in writing by any such party to the other, and shall be deemed to have been given as of the date so delivered or deposited in the United States mail. Either party may, by notice sent to the other, designate a different or additional address to which notices under this Agreement are to be sent. Section 6.05. Benefits Exclusive. Except as herein otherwise provided, nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation, other than the City and the Holder, any right, remedy or claim, legal or equitable, under or by reason of this Agreement or any provision hereof, this Agreement and all of its provisions being intended to be and being for the sole and exclusive benefit of the City and the Holder. Section 6.06. Severability. In case any one or more of the provisions of this Agreement, any amendment or supplement hereto or of the 2021 Note shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, any amendment or supplement hereto or the 2021 Note, but this Agreement, any amendment or supplement hereto and the 2021 Note shall be construed and enforced at the time as if such illegal or invalid provisions had not been contained therein, nor shall such illegality or invalidity or any application thereof affect any legal and valid application thereof from time to time. In case any 14 covenant, stipulation, obligation or agreement contained in the 2021 Note or in this Agreement shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation, or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the City to the full extent from time to time permitted by law. Section 6.07. Payments Due on Saturdays, Sundays and Holidays. In any case where the date of maturity of interest on or principal of the 2021 Note or the date fixed for prepayment of the 2021 Note shall be other than a Business Day, then payment of such interest or principal shall be made on the next succeeding Business Day with the same force and effect as if paid on the date of maturity or the date fixed for prepayment, and no interest on any such principal amount shall accrue for the period after such date of maturity or such date fixed for prepayment. Section 6.08. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Section 6.09. Applicable Law. This Agreement shall be governed exclusively by and construed in accordance with the applicable laws of the State of Florida. Section 6.10. No Personal Liability. Notwithstanding anything to the contrary contained herein or in the 2021 Note, or in any other instrument or document executed by or on behalf of the City in connection herewith, no stipulation, covenant, agreement or obligation of any present or future member of the City Council of the City, officer, employee or agent of the City, officer, employee or agent of a successor to the City, in any such person's individual capacity, shall cause such person to be liable personally for any breach or non -observance of or for any failure to perform, fulfill or comply with any such stipulations, covenants, agreements or obligations, nor shall any recourse be had for the payment of the principal of or interest on the 2021 Note or for any claim based thereon or on any such stipulation, covenant, agreement or obligation, against any such person, in his or her individual capacity, either directly or through the City or any successor to the City, under any rule or law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise and all such liability of any such person, in his or her individual capacity, is hereby expressly waived and released. Section 6.11. Incorporation by Reference. All of the terms and obligations of the Ordinance and the Resolution are hereby incorporated herein by reference as if all of the foregoing were fully set forth in this Agreement. All recitals appearing at the beginning of this Agreement are hereby incorporated herein by reference. Section 6.12. Waiver of Jury Trial. THE BANK AND THE CITY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THE RESOLUTION, THIS AGREEMENT, THE 2021 NOTE OR ANY OTHER AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. 15 16 [Signature Page for LOAN AGREEMENT dated as of October[] , 2021 between City of Cape Canaveral, FL and Synovus Bank IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first set forth herein. CITY OF CAPE CANAVERAL, FLORIDA ATTEST: By: Mayor City Clerk 17 Synovus Bank By: Name: Title: EXHIBIT A FORM OF NOTE PRIOR TO BECOMING A HOLDER, A PROPOSED PURCHASER SHALL EXECUTE A PURCHASER'S CERTIFICATE IN THE FORM ATTACHED HERETO CERTIFYING, AMONG OTHER THINGS, THAT SUCH HOLDER IS A"QUALIFIED INSTITUTIONAL BUYER" AS SUCH TERM IS DEFINED IN THE SECURITIES ACT OF 1933, AS AMENDED, AND RULE 144a THEREUNDER. CITY OF CAPE CANAVERAL, FLORIDA CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2021 Principal Sum Maturity Date Note Rate Date of Issuance $1,200,000 February 1, 2031 1.61% October 19, 2021 The CITY OF CAPE CANAVERAL, FLORIDA (the "City"), for value received, hereby promises to pay, solely from the sources described in the within mentioned Agreement, to the order of Synovus Bank, a Georgia banking corporation, or its assigns (the "Holder"), the Principal Sum, such principal to be paid in installments on each February 1 in the amounts set forth on Exhibit "A" hereto, with all unpaid principal and interest due in full on the above referenced Maturity Date, and to pay interest on the outstanding principal amount hereof from the most recent date to which interest has been paid or provided for, or if no interest has been paid, from the Date of Issuance shown above, on February 1 and August 1 of each year (each, a "Payment Date"), commencing on February 1, 2022, until payment of said principal sum has been made or provided for, at the above referenced Note Rate, subject to adjustment as described herein, calculated on the basis of 12, 30-day months and a 360-day year. Payments due hereunder shall be payable in any coin or currency of the United States of America which, at the time of payment, is legal tender for the payment of public and private debts, which payments shall be made to the Holder hereof by check mailed to the Holder at the address designated in writing by the Holder for purposes of payment or by bank wire or bank transfer as such Holder may specify in writing to the City or otherwise as the City and the Holder may agree. The Note Rate shall be adjusted in accordance with Sections 3.03 and 5.02 of that certain Loan Agreement by and between the Holder and the City, dated October, 2021, as amended and supplemented from time to time (the "Agreement'). Such adjustments may be retroactive. This 2021 Note is issued for the purpose of providing the City funds for the purpose of (i) financing the purchase of the Promenade Building located at 7404 North Atlantic Avenue, (ii) financing related Capital Improvements as defined in the Ordinance and (iii) paying the costs of issuance of the 2021 Note under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 166, Florida Statutes, Ordinance No 39-2021 of the City and other applicable provisions of law, and Resolution No. 2021-21, adopted by the City Council of the City on October 19, 2021, and the Agreement. Exhibit A-1 42113950;23 This 2021 Note is a limited, special obligation of the City, payable from and secured solely by a lien upon and pledge of the Pledged Revenues, as defined and described and in the manner provided in the Agreement. All capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement. This 2021 Note may be prepaid by the City in whole, but not in part, on any date as provided in the Agreement from any legally available monies at a prepayment price of 100% of the principal amount to be redeemed without any prepayment penalty or fee, plus accrued interest to the prepayment date. This 2021 Note may be prepaid in part on any February 1 as provided in the Agreement from any legally available monies at a prepayment price of 100% of the principal amount to be redeemed, without any prepayment penalty or fee plus accrued interest to the prepayment date in [Authorized Denominations]. Any prepayments shall be applied as provided in Section 3.02(c) of the Agreement. Notice having been given as provided in the Agreement, the principal amount to be prepaid shall become due and payable on the prepayment date stated in such notice, together with interest accrued and unpaid to the prepayment date on such principal amount; and the amount of principal and interest then due and payable shall be paid upon presentation and surrender and exchange (if prepayment is part) of this 2021 Note to the office of the Registrar. If, on the prepayment date, funds for the payment of the principal amount, together with interest to the prepayment date on such principal amount, shall have been given to the Holder, as above provided, then from and after the prepayment date interest on such principal amount of this 2021 Note shall cease to accrue. Notwithstanding any provision in this 2021 Note to the contrary, in no event shall the interest contracted for, charged or received in connection with this 2021 Note (including any other costs or considerations that constitute interest under the laws of the State of Florida which are contracted for, charged or received) exceed the maximum rate of nonusurious interest allowed under the State of Florida as presently in effect and to the extent an increase is allowable by such laws, but in no event shall any amount ever be paid or payable by the City greater than the amount contracted for herein. In the event the maturity of this 2021 Note is prepaid in accordance with the provisions hereof, the Agreement or the Resolution, then such amounts that constitute payments of interest, together with any costs or considerations which constitute interest under the laws of the State of Florida, may never exceed an amount which would result in payment of interest at a rate in excess of that permitted by Section 215.84(3), Florida Statutes, as presently in effect and to the extent an increase is allowable by such laws; and excess interest, if any, shall be cancelled automatically as of the date of such prepayment, or, if theretofore paid, shall be credited on the principal amount of this 2021 Note unpaid, but such crediting shall not cure or waive any default under the Agreement or Resolution. THIS 2021 NOTE SHALL NOT BE OR CONSTITUTE AN INDEBTEDNESS OF THE CITY OR THE STATE OF FLORIDA (THE "STATE"), WITHIN THE MEANING OF ANY CONSTITUTIONAL, STATUTORY OR CHARTER LIMITATIONS OF INDEBTEDNESS, BUT SHALL BE PAYABLE SOLELY FROM THE PLEDGED REVENUES, AS PROVIDED IN THE AGREEMENT AND THE ORDINANCE. THE HOLDER SHALL NEVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE Exhibit A-2 42113950;23 CITY, OR AD VALOREM TAXATION IN ANY FORM OF ANY PROPERTY THEREIN TO PAY THIS 2021 NOTE OR THE INTEREST HEREON. Upon the occurrence of an Event of Default the Holder of the 2021 Note shall also have such remedies as described in the Agreement. The City hereby waives presentment, demand, protest and notice of dishonor. This 2021 Note is governed and controlled by the Agreement and reference is hereby made thereto regarding interest rate adjustments and other matters. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Exhibit A-3 42113950;23 IN WITNESS WHEREOF, the City has caused this 2021 Note to be signed by its Mayor by his manual signature, and the seal of the City to be affixed hereto or imprinted or reproduced hereon, and attested by its City Clerk, manually, and this 2021 Note to be dated the Date of Issuance set forth above. CITY OF CAPE CANAVERAL, FLORIDA [SEAL] By: Mayor ATTEST: By: City Clerk Exhibit A-4 42113950;23 FORM OF CERTIFICATE OF AUTHENTICATION Date of Authentication: This 2021 Note is being delivered pursuant to the within mentioned Agreement. CITY OF CAPE CANAVERAL, FLORIDA, as Registrar By: City Clerk Exhibit A-5 42113950;23 ASSIGNMENT FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto (please print or typewrite name, address and tax identification number of assignee) the within 2021 Note and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to transfer the within 2021 Note on the books kept for registration thereof, with full power of substitution in the premises. Name of Holder: By: Exhibit A-6 42113950;23 EXHIBIT A NOTE - PRINCIPAL PAYMENT SCHEDULE Year Amount Exhibit A-7 42113950;23 PURCHASER'S CERTIFICATE City of Cape Canaveral, Florida (the "City") Ladies and Gentlemen: The undersigned, as a purchaser of the City of Cape Canaveral, Florida Capital Improvement Revenue Note, Series 2021 (the "2021 Note") dated October 21 , 2021, consisting of one typewritten Note, hereby certifies that we have been provided (a) a copy of City Ordinance No. 39-2021 adopted by the City of Cape Canaveral, Florida (the "City") on October 19, 2021, authorizing the issuance of the 2021 Note (the "Ordinance") (b) a copy of City Resolution No. 2021-21, adopted by the City on October 19, 2021, authorizing the issuance of the 2021 Note (the "Resolution"), (c) the Loan Agreement dated October 21, 2021, between the City and Synovus Bank (the "Agreement") and (d) such financial and general information respecting the Pledged Revenues (as such term is defined in the Agreement) and the City, and the 2021 Note described above as we deem necessary to enable us to make an informed investment judgment with respect to the purchase of the 2021 Note. We hereby make the following representations, which representations may be relied upon by the City: A. We are aware: (i) that investment in the 2021 Note involves various risks; (ii) that the 2021 Note is not a general obligation of the City; and (iii) that the principal or premium, if any, and interest on the 2021 Note is payable solely from the Pledged Revenues as specified in the Ordinance and the Agreement. B. We understand that no official statement, offering memorandum or other form of offering document was prepared or is being used in connection with the offering or sale of the 2021 Note (collectively, "Disclosure Documents"), but we have been afforded access to all information we have requested in making our decision to purchase the 2021 Note and have had sufficient opportunity to discuss the business of the City with its officers, employees and others. We have not requested any Disclosure Documents in connection with the sale of the 2021 Note. We do not require any further information or data incident to our purchase of the 2021 Note. C. In purchasing the 2021 Note, we have made our own inquiry and analysis with respect to the 2021 Note and the security therefor, and other material matters affecting the security and payment of the 2021 Note. We are aware that revenue Exhibit A-8 42113950;23 obligations such as the 2021 Note involve certain economic variables and risks that could affect the security of the 2021 Note. D. We have knowledge and experience in financial and business matters and are capable of evaluating the merits and risks of our investment in the 2021 Note and have determined that we can bear the economic risk of our investment in the 2021 Note. E. We acknowledge the understanding that the 2021 Note is not registered under the Securities Act of 1933, as amended (the "1933 Act") or Chapter 517, Florida Statutes, and that the Ordinance, the Resolution and the Agreement are not qualified under the Trust Indenture Act of 1939, as amended, and that the City has no obligation to effect any such registration or qualification. F We are purchasing the 2021 Note for our own account. We do not currently intend to syndicate the 2021 Note. Although we retain the right to transfer the 2021 Note in the future, we understand that the 2021 Note may not be readily transferable. G. We have received all documents requested by us incident to our purchase of the 2021 Note. H. We acknowledge that we are "qualified institutional buyer" within the meaning of Rule 144a of the 1933 Act. L We have not asked that the 2021 Note bear a CUSIP and we do not intend to seek CUSIP for the 2021 Note. J. We understand that no filing will be made with respect to the 2021 Note with EMMA, the Municipal Securities Rulemaking Boards continuing disclosure site. K. There will be no credit rating obtained for the 2021 Note and we have not asked for or sought such a rating. Signed as of the day of By: Authorized Officer Exhibit A-9 42113950;23 ATTACHMENT 2 October 11, 2021 To: From: Mr. John DeLeo, Director of Administrative Services Mr. Todd Morley, City Manager City of Cape Canaveral, Florida ("the City") Jeff Larson, President, Larson Consulting Services Nicole Larson Sydney, Vice President, Larson Consulting Services Financial Advisor to the City Re: $1,200,000 Capital Improvement Revenue Note, Series 2021- Update and Summary of Bank RFP Results Following the approval of the 2021 Project by the City Council and the release of the Bank RFP for up to $1,200,000, please allow this memo to provide a Summary of the results from the Bank RFP. Reference is also made to the City's Ordinance No.39-2021 that had its First Reading on September 21st and is set for a Second Reading on October 19th Financing Plan: Per the Bank RFP, this Note is for up to $1,200,000 for a Ten Year Period. Together with other City funds, CRA support and grants, it will help provide for a portion of the financing for the Promenade Project and cover cost of issuance. It will carry a similar lien on Non Ad Valorem Revenues that totals over $3,257,000 and be a parity issue to the City's existing Series 2014 and 2021 Notes. Projected Debt Service Coverage based on these revenues is strong on an aggregate basis on all three Notes, at an estimated 2.28X. This will improve considerably as the existing 2014 Note is set to mature on February 1, 2024, and the 2017 Note will mature on February 1, 2027. Average annual debt service on the proposed Series 2021 Note is expected to be approximately $130,000. Furthermore, we understand that the City's CRA will also internally agree to support debt service on the 2021 Note via Tax Increment Revenues. Results of Bank RFP: The Bank RFP was issued on September 7th to 36 banks with responses from four banks on October 7th. The $1,200,000 Term Note will have interest paid every February 1 and August 1 beginning February 1, 2022, and annual Principal payments every February 1st beginning February 1, 2021 with a final maturity on February 1, 2031. The Financing Plan and City Bank RFP was well received and Larson Consulting provided the banks with answers to their questions and requests for additional information as supported by City Staff. We have recommended to the Selection Committee of the City the award of the Bank Note to Synovus Bank as they provided the lowest Bank Qualified tax—exempt fixed rate of 1.61% for the Ten Year Note and did not require any additional financial covenants or investment requirements. The cover bid was 1.63% from BB& T Bank. It is prepayable for the first three years at 102, and then at par thereafter. Other banks that responded included Signature and SouthState. The 1 recommended bank has agreed to hold the rate, as requested in the RFP, until October 26th to permit the City Council to meet on October 19th for the Second Hearing of the Bond Ordinance and approval of the recommended Bank. Recommendation: As the City's Financial Advisor, we recommend that the City Council approve the Bond Ordinance as proposed, and reviewed by Bryant Miller & Olive, LLP, Bond Counsel to the City. Rates are still at historically low levels, and the City's financial condition was well received. This will enable us to proceed with Synovus as the recommended Bank towards a preclosing/signing of documents on October 20th, with a closing/funding on October 21st. Congratulations on these fine results. Please let us know if there are any questions. Jeffrey T. Larson President Larson Consulting Services, Orlando SEC Licensed, Series 50, Municipal Advisor Series 54 Licensed Municipal Advisor Principal cc. Ken Artin, Esq., Bryant Miller & Olive Rhonda Bond Collins, Esq., Bryant Miller & Olive Anthony Garganese, Esq., City Attorney 2 ATTACHMENT 3 CITY OF CAPE CANAVERAL, FLORIDA Up to $1,200,000 Capital Improvement Revenue Note Series 2021; Summary of Bank Responses- RFP Dated 09/07/21 RFP Responses October 7, 2021 r Synovus Signature Public Funding ir SouthState ''- BB&T . Proposal or Proposal- Proposal- Proposal- Proposal- Commitment; Available until 10/26/21 Available until 11/7/21 Available until 10/26/21 Available until 11/13/21 TERM of References Provided No References Provided References Provided References Provided Response Bank Fees NA $1,500 NA $7,500 Bank Counsel Skip Miller, Greenspoon Included in Fee above Peter Dame,Akerman Included in Fee above &Fees Marder Bank Counsel not Provided $4,500 Bank Counsel not Provided Not to exceed $7,500 Fixed Rate: Fixed Rate: 1.61 %,held until 10/26/21 1.697%held until 11/7/21 Fixed Rate: BQ Fixed Rate After that,to be reset 3 days After that, adjusted based on ° Fixed Rate: 1.63%held until 11/13/21 Options prior to closing at 79%of 10 Swap Rate on any 3 days 1.91%held until 10/26/21 Year Treasury plus 0.58, floor of 1.61%. prior to closing Add Bonds(1.50X)and Pledged Revenues per RFP. Repayment/ Prepayable first three years at Pledged Revenues per RFP. Pledged Revenues per RFP. ° prepayment Add Bonds(1.50X) Prepayable at any time with a 1/° 102,then at par. Non-callable until 2/1/27 Terms, SecurityPledged Revenues per RFP. penalty,or non-callable for first half Notify Bank if actual or Prepayable on or after 2/1/27 and Financial Prepayable without penalty. of the term and callable at par Covenants potential liability or litigation at par. thereafter. >$5Million. Suitable insurance. Andy LaFear,Jacksonville Other RFP (904)997-7646 Eric Wiesman,Daytona Beach Andrew Smith,North Carolina Jim Mitchell, SVP Dennis McDermott, Maryland Requirements (386)947-5418 (803)413-4991 and Contact (239)552-1819 (470)597-9280 Audit within 270 days Financials within 270 days of fiscal Officers Audit within 270 days Budget within 60 days year end Budget within 45 days ACH Direct Debit Summary Review Prepared by Larson Consulting Services, LLC., Orlando, Florida, October 7, 2021 This RFP was sent out to a large number of financial institutions. Bank RFP utilized estimated 10 year rate of 2.30%. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • ITEM # 7 Subject: a. Ordinance No. 25-2021: adopting a property owner initiated small scale Future Land Use Map amendment by changing the Future Land Use Map designation of a parcel of property described as tax parcel ID: 24 37 23 CG 13 4 and legally described as the East 1/2 of Lot 4 and Lots 5, 6, 7 and 8, Block 13, Avon by the Sea, according to the plat thereof, as recorded in Plat Book 3, page 7, of the public records of Brevard County, Florida from "C-1 Commercial " to "R-2 Medium Density Residential;" providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading. b. Ordinance No. 26-2021: adopting a property owner initiated rezoning of a parcel of property described as Tax Parcel ID. 24 37 23 CG 13 4 and legally described as the East 1/2 of Lot 4 and Lots 5, 6, 7 and 8, Block 13, Avon by the Sea, according to the plat thereof, as recorded in Plat Book 3, page 7, of the public records of Brevard County, Florida from the current City "C-1 Low Density Commercial Zoning District designation to the City "R-2 Medium Density Residential" Zoning District designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. Department: Community and Economic Development Summary: This request is to amend the City's Comprehensive Plan Future Land Use Map (FLUM), via Ordinance No. 25-2021 (Attachment 1), and to rezone, via Ordinance No. 26-2021 (Attachment 2), a 0.65-acre parcel from C-1 to R-2. The parcel is identified as parcel ID: 24 37 23 CG 13 4. The property is located at the intersection of Jefferson Avenue and Poinsetta Avenue (Attachment 3). As indicated, the property is currently designated C-1 by the FLUM and has a zoning designation of C-1 (Attachment 4). With respect to zoning, a review of the City's historical zoning maps show the property having a zoning designation of C-1 since the City's incorporation. However, in 2016, the City Council eliminated residential uses from the C-1 District, thus the need for the FLUM amendment and associated rezoning. It is also important to note that this property was slated for the City's administrative rezoning project from Commercial to Residential, but, due to timing, the property owner chose to initiate the rezoning and FLUM amendment separately and has paid the applicable re -zoning application fee. The applicant purchased the property in 2021 with the intention of constructing residential dwellings. The majority of the parcels surrounding the subject parcel have residential structures developed as single-family or multi -family homes. The property to the north, south, and west of the subject property has a FLU designation of C-1, while property to the east is designated R-2. The applicant intends to re -plat the property into three separate parcels in order to construct residential dwellings. The proposed revision to the City's Future Land Use Map is processed through the Comprehensive Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter City of Cape Canaveral City Council Meeting • October 19, 2021 Agenda Item # 7 Page 2 of 4 163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is considered) shall be considered by the Local Planning Agency and the City Council. Chapter 163.3177 F.S. in general states that all plan amendments must be based upon relevant and appropriate data and an analysis by the City to include (response in bold/italics): 1. An analysis of the availability of facilities and services; The proposed amendment will not adversely impact any level -of -service related facilities or services. Required municipal services are adjacent to the site or can be readily available. 2. An analysis of the suitability of the proposed plan amendment considering the character of the undeveloped land, soils, topography, natural resources and historical resources; The subject parcel is relatively level and consists of well -drained soils. There are no natural or historical resources on -site. 3. An analysis of the minimum amount of land needed to achieve the goals and requirements of the Comprehensive Plan; The state does not want to see a City approving large- scale residential amendments without data showing the need and ability to accommodate the increased number of people. Due to the small scale of this proposed FLUM amendment, this analysis is not provided. 4. That the proposed amendment discourages the proliferation of urban sprawl. The subject parcel is located within an established neighborhood and does not represent urban sprawl. In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the adjacent properties permit the construction of single- and multi -family units, the proposed amendment is consistent with this policy. As spelled out in Sec. 110-35 of City Code, a rezoning request shall be reviewed against the following standards (response in bold/italics): 1. The proposed rezoning change is in compliance with all procedural requirements established by the City Code and law; Yes, the proposed rezoning has been processed in accordance with City and State requirements. 2. The proposed rezoning change is consistent with the City's Comprehensive Plan including, but not limited to, the future land use map and the proposed change would not have an adverse effect on the Comprehensive Plan; Upon adoption of Ordinance No. 25-2021, the proposed designation to R-2 will be consistent with the Comprehensive Plan. 3. The proposed rezoning change is consistent with any master plan applicable to the property; N.A. 4. The proposed rezoning change is not contrary to the land use pattern established by the City's Comprehensive Plan; The proposed rezoning would allow for a continuation of the established residential land use pattern in the immediate area. 5. The proposed rezoning change would not create a spot zone prohibited by law; The proposed zoning district is a continuation of the existing zoning in the immediate area. City of Cape Canaveral City Council Meeting • October 19, 2021 Agenda Item # 7 Page 3 of 4 6. The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; The proposed R-2 designation is a less intense district than the current C-1 designation and would not materially alter the population density pattern in a manner that would overtax public facilities. 7. The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan; The proposed R-2 designation is a continuation of the R-2 district, which characterizes the immediate area. 8. Changed or changing conditions make the proposed rezoning necessary; As the neighboring properties have been built -out with residential uses, the rezoning from C-1 to R-2 is appropriate and recognizes development in the immediate area. 9. The proposed rezoning change will not seriously reduce light or air to adjacent areas; The proposed rezoning would allow the construction of single- and multi -family dwellings, which would not seriously reduce light or air to adjacent areas. Any development on the site will be required to meet applicable setbacks and height limitations. 10. Should the City be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area; N.A. 11. The proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent property; The proposed rezoning is a continuation of the development trend in the area, and also facilitates the goals of the administrative rezoning project. Furthermore, there are no vacant parcels adjacent to this property. 12. The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; The proposed rezoning would allow for the construction of multi -family dwellings, which is a right enjoyed by other owners in the area and represents a continuation of the development pattern of the area. 13. The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the City; The proposed rezoning would allow for residential uses, which would be consistent with the scale and nature of development in the immediate neighborhood. 14. The proposed rezoning does not violate any applicable land use regulations adopted by the city. The proposed rezoning complies with applicable land use regulations. All other City code requirements will be implemented through the permitting process. As indicated above, the proposed FLUM amendment and rezoning are consistent with applicable City and State standards. City of Cape Canaveral City Council Meeting • October 19, 2021 Agenda Item # 7 Page 4 of 4 At its July 28, 2021 Regular Meeting, the Local Planning Agency/Planning and Zoning Board recommended approval of the subject Ordinances. Submitting Department Director: David Dickey Date: 10/11/21 Attachments: 1 - Ordinance No. 25-2021 w/Exhibit "A" 2 — Ordinance No. 26-2021 w/Exhibit "A" 3 - Street View Photos 4 - Cape Canaveral Zoning Map 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: 10/11/21 The City Manager recommends the City Council take the following actions: 1. Approve Ordinance No. 25-2021 on first reading; and 2. Approve Ordinance No. 26-2021 on first reading. Approved by City Manager: Todd Morley Date: 10/11/21 Attachment 1 1 ORDINANCE NO. 25-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA; ADOPTING A PROPERTY OWNER 5 INITIATED SMALL SCALE FUTURE LAND USE MAP 6 AMENDMENT BY CHANGING THE FUTURE LAND USE MAP 7 DESIGNATION OF A PARCEL OF PROPERTY DESCRIBED AS TAX 8 PARCEL ID. 24-37-23-CG-13-4 AND LEGALLY DESCRIBED 9 AS THE EAST 1/2 OF LOT 4 AND LOTS 5, 6, 7 AND 8, BLOCK 13, 10 AVON BY THE SEA, ACCORDING TO THE PLAT 11 THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 7, OF THE 12 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA FROM "C-1 13 COMMERCIAL" TO "R-2 MEDIUM DENSITY 14 RESIDENTIAL;" PROVIDING THE PROPERTY SUBJECT TO 15 THIS ORDINANCE IS MORE PARTICULARLY DEPICTED 16 AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED 17 HERETO; PROVIDING FOR THE REPEAL OF PRIOR 18 INCONSISTENT ORDINANCES AND RESOLUTIONS, 19 SEVERABILITY, INCORPORATION INTO THE 20 COMPREHENSIVE PLAN AND AN EFFECTIVE DATE. 21 22 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 23 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 24 163.3187(1)(c), Florida Statutes; and 25 26 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 27 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 28 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 29 and all interested parties submitting written and oral comments and has recommended adoption 30 to the City Council; and 31 32 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 33 hearing on the proposed amendment set forth hereunder and considered findings and advice of 34 staff, citizens, and all interested parties submitting written and oral comments and supporting 35 data and analysis, and after complete deliberation, hereby approves and adopts the 36 Comprehensive Plan Amendment set forth hereunder; and 37 38 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 39 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Ordinance No. 25-2021 Page 1 of 3 40 41 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 42 ORDAINS, AS FOLLOWS: 43 44 Section 1. Recitals. The foregoing recitals are true and correct and are fully 45 incorporated herein by this reference. 46 47 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 48 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 49 50 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent 51 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 52 of the City of Cape Canaveral Comprehensive Plan. 53 54 Section 4. Adoption of Amendment to the Future Land Use Map. The City of 55 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating 56 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2 57 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference. 58 59 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 60 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 61 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 62 63 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 64 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 65 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 66 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 67 the validity of the remaining portions of this Ordinance. 68 69 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 70 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 71 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 72 number or letter and any heading may be changed or modified as necessary to effectuate the 73 foregoing. 74 75 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 76 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 77 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 78 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning City of Cape Canaveral Ordinance No. 25-2021 Page 2 of 3 79 Agency or the Administration Commission issues a final order determining the adopted small 80 scale Comprehensive Plan Amendment is in compliance. No development orders, development 81 permits, or land use dependent on this Amendment may be issued or commenced before it has 82 become effective. After and from the effective date of this Amendment, the Comprehensive Plan 83 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and 84 become a part of that plan and the Amendments shall have the legal status of the City of Cape 85 Canaveral Comprehensive Plan, as amended. 86 87 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 88 , 2021. 89 90 91 92 93 Bob Hoog, Mayor 94 95 ATTEST: For Against 96 97 Mike Brown 98 99 Mia Goforth, CMC Robert Hoog 100 City Clerk 101 Mickie Kellum 102 103 Wes Morrison 104 105 Angela Raymond 106 LPA/Planning & Zoning Board: July 28, 2021 107 First Reading: October 19, 2021 108 Advertisement: 109 Second Reading: 110 111 Approved as to legal form and sufficiency 112 for the City of Cape Canaveral only by: 113 114 115 Anthony A. Garganese, City Attorney 116 117 City of Cape Canaveral Ordinance No. 25-2021 Page 3 of 3 EXHIBIT "A" East 1/2 of Lot 4 and Lots 5,6,7 and 8, Block 13, Avon by the Sea , PB 3, Page 7. Attachment 2 1 2 ORDINANCE NO. 26-2021 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A PROPERTY OWNER 6 INITIATED REZONING OF A PARCEL OF PROPERTY DESCRIBED 7 AS TAX PARCEL ID. 24-37-23-CG-13-4 AND 8 LEGALLY DESCRIBED AS THE EAST 1/2 OF LOT 4 AND LOTS 5, 6, 9 7 AND 8, BLOCK 13, AVON BY THE SEA, ACCORDING TO 10 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 11 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA 12 FROM THE CURRENT CITY C-1 LOW DENSITY 13 COMMERCIAL ZONING DISTRICT DESIGNATION TO THE 14 CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT 15 DESIGNATION; PROVIDING THE PROPERTY SUBJECT TO 16 THIS ORDINANCE IS MORE PARTICULARLY DEPICTED 17 AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED 18 HERETO; PROVIDING FOR THE REPEAL OF PRIOR 19 INCONSISTENT ORDINANCES AND RESOLUTIONS, 20 SEVERABILITY AND AN EFFECTIVE DATE. 21 22 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 23 State Constitution, to exercise any power for municipal purposes, except when expressly 24 prohibited by law; and 25 26 WHEREAS, the subject property owner desires to rezone the subject property to R-2 27 Medium Density Residential in order to construct residential units; and 28 29 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 30 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 31 and 32 33 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 34 have recommended approval of this Ordinance; and 35 36 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 37 hearing on the proposed zoning change set forth hereunder and considered findings and advice 38 of staff, citizens, and all interested parties submitting written and oral comments and supporting 39 data and analysis, and after complete deliberation, hereby finds the requested zoning change is City of Cape Canaveral Ordinance No. 26-2021 Page 1 of 3 1 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 2 and substantial evidence supports the zoning change set forth hereunder; and 3 4 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 5 government purpose and is in the best interests of the public health, safety, and welfare of the 6 citizens of Cape Canaveral, Florida. 7 8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 9 ORDAINS, AS FOLLOWS: 10 11 Section 1. Recitals. The foregoing recitals are true and correct and are fully 12 incorporated herein by this reference. 13 14 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City 15 of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby 16 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District 17 for each of the real properties depicted and legally described on Exhibit "A" which is 18 attached and incorporated herein by this reference. City staff is hereby directed to promptly 19 amend the City's Official Zoning Map upon the effective date of this Ordinance. 20 21 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution 22 of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance 23 in the Official Records of Brevard County, Florida. 24 25 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All 26 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of 27 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 28 29 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word 30 or provision of this Ordinance is for any reason held invalid or unconstitutional by any court 31 of competent jurisdiction, whether for substantive, procedural, or any other reason, such 32 portion shall be deemed a separate, distinct and independent provision, and such holding shall 33 not affect the validity of the remaining portions of this Ordinance. 34 35 Section 6. Conditional Effective Date. This Ordinance shall become 36 effective immediately upon the effective date of Ordinance 25-2021 as adopted by the City 37 Council of the City of Cape Canaveral, Florida. If Ordinance 25-2021 does not become 38 effective, then this Ordinance shall become null and void. 39 City of Cape Canaveral Ordinance No. 26-2021 Page 2 of 3 1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2 , 2021. 3 4 5 Bob Hoog, Mayor 6 7 ATTEST: For Against 8 9 Mike Brown 10 11 Mia Goforth, CMC Robert Hoog 12 City Clerk 13 Mickie Kellum 14 15 Wes Morrison 16 17 Angela Raymond 18 19 Planning & Zoning Board: July 28, 2021 20 Advertisement: October 7, 2021 21 First Reading: October 19, 2021 22 Second Reading: 23 24 Approved as to legal form and sufficiency 25 for the City of Cape Canaveral only by: 26 27 28 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 26-2021 Page 3 of 3 EXHIBIT "A" East 1/2 of Lot 4 and Lots 5,6,7 and 8, Block 13, Avon by the Sea , PB 3, Page 7. Attachment 3 Corner of Poinsetta Ave and Jefferson Ave. Street view looking east. Street view looking south. Street view looking northwest. Attachment 4 City of Cape Canaveral Zoning Map CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Ordinance No. 36-2021; amending Chapter 110, Land Development Regulations, Section 110-1 Definitions and Article IX Supplemental District Regulations, Division 4 Home Occupations of the City Code to comply with recent legislation adopted by the Florida Legislature related to home based businesses; making conforming amendments to the schedule of Zoning District regulations and other provisions of the City Code to comply with said legislation; providing for repeal of prior the inconsistent ordinances resolutions, and incorporation into the code, severability and an effective date, first reading. Department: Community and Economic Development Summary: During the 2021 Legislative Session, the Florida Legislature adopted, and Governor DeSantis signed into law CS/HB 403: Home -based Businesses (Attachment 1); prohibiting local governments from taking certain actions relating to the licensure and regulation of home -based businesses; specifying conditions under which a business is considered a home -based business; authorizing home -based businesses to operate in areas zoned for residential use; specifying that home -based businesses are subject to certain business taxes; authorizing the prevailing party in such challenge to recover specified attorney fees and costs, etc. Notably, the bill states that a home -based business may operate in an area zoned for residential use and may not be treated differently from other businesses in a local government's jurisdiction. Local governments may however, continue to regulate a home -based business for issues related to noise, vibration, heat, smoke, dust, glare, fumes, odors as long as these regulations are not more stringent than those applied to a home where no business takes place. As a result, amendments to the City Code regarding home -based businesses are required. The proposed Ordinance (Attachment 2) will repeal and replace Chapter 110, Land Development Regulations, Article IX Supplemental District Regulations, Division 4 relating to Home Occupations and makes several other conforming amendments to the City Code to comply with the state preemption provided under Section 559.955, Florida Statutes. At its October 13, 2021 Regular Meeting, the Planning and Zoning Board is scheduled to consider the subject Ordinance. The compressed approval process is proposed to expedite the adoption of the subject Ordinance to bring the City's Home Occupation regulations into conformance with Florida Statute. Submitting Department Director: David Dickey? Date: 10/12/21 Attachments: 1. CS/HB 403: Home -based Businesses bill text 2. Ordinance No. 36-2021 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: 10/12/21 The City Manager recommends the City Council take the following action: Approve Ordinance No. 36-2021 on first reading. Approved by City Manager: Todd Morley Date: 10/12/21 Attachment 1 FLORIDA HOUSE OF REPRESENTATIVES ENROLLED CS/HB 403, Engrossed 1 2021 Legislature 1 2 An act relating to home-based businesses; creating s . 3 559 . 955, F. S; prohibiting local governments from 4 taking certain actions relating to the licensure and 5 regulation of home-based businesses; specifying 6 conditions under which a business is considered a 7 home-based business; defining the term "heavy 8 equipment" ; authorizing home-based businesses to 9 operate in areas zoned for residential use; specifying 10 that home-based businesses are subject to certain 11 business taxes; authorizing adversely affected current 12 or prospective home-based business owners to challenge 13 certain local government actions; authorizing the 14 prevailing party in such challenge to recover 15 specified attorney fees and costs; providing that 16 certain existing and future residential association 17 declarations and documents are not superseded by the 18 act; providing that certain local laws, ordinances, or 19 regulations are not are not superseded; providing an 20 effective date . 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1 . Section 559 . 955, Florida Statutes, is created 25 to read: Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. hb0403-03-er FLORIDA HOUSE O F REPRESENTATIVES ENROLLED CS/HB 403, Engrossed 1 2021 Legislature 26 559 . 955 Home-based businesses; local government 27 restrictions .- 28 (1) Local governments may not enact or enforce any 29 ordinance, regulation, or policy or take any action to license 30 or otherwise regulate a home-based business in violation of this 31 section. 32 (2) A home-based business that operates from a residential 33 property as provided in subsection (3) : 34 (a) May operate in an area zoned for residential use . 35 (b) May not be prohibited, restricted, regulated, or 36 licensed in a manner that is different from other businesses in 37 a local government ' s jurisdiction, except as otherwise provided 38 in this section. 39 (c) Is only subject to applicable business taxes under 40 chapter 205 in the county and municipality in which the home- 41 based business is located. 42 (3) For purposes of this section, a business is considered 43 a home-based business if it operates, in whole or in part, from 44 a residential property and meets the following criteria: 45 (a) The employees of the business who work at the 46 residential dwelling must also reside in the residential 47 dwelling, except that up to a total of two employees or 48 independent contractors who do not reside at the residential 49 dwelling may work at the business . The business may have 50 additional remote employees that do not work at the residential Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. hb0403-03-er FLORIDA HOUSE OF REPRESENTATIVES ENROLLED CS/HB 403, Engrossed 1 2021 Legislature 51 dwelling. 52 (b) Parking related to the business activities of the 53 home-based business complies with local zoning requirements and 54 the need for parking generated by the business may not be 55 greater in volume than would normally be expected at a similar 56 residence where no business is conducted. Local governments may 57 regulate the use of vehicles or trailers operated or parked at 58 the business or on a street right-of-way, provided that such 59 regulations are not more stringent than those for a residence 60 where no business is conducted. Vehicles and trailers used in 61 connection with the business must be parked in legal parking 62 spaces that are not located within the right-of-way, on or over 63 a sidewalk, or on any unimproved surfaces at the residence . 64 Local governments may regulate the parking or storage of heavy 65 equipment at the business which is visible from the street or 66 neighboring property. For purposes of this paragraph, the term 67 "heavy equipment" means commercial, industrial, or agricultural 68 vehicles, equipment, or machinery. 69 (c) As viewed from the street, the use of the residential 70 property is consistent with the uses of the residential areas 71 that surround the property. External modifications made to a 72 residential dwelling to accommodate a home-based business must 73 conform to the residential character and architectural 74 aesthetics of the neighborhood. The home-based business may not 75 conduct retail transactions at a structure other than the Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. hb0403-03-er FLORIDA HOUSE OF REPRESENTATIVES ENROLLED CS/HB 403, Engrossed 1 2021 Legislature 76 residential dwelling; however, incidental business uses and 77 activities may be conducted at the residential property. 78 (d) The activities of the home-based business are 79 secondary to the property' s use as a residential dwelling. 80 (e) The business activities comply with any relevant local 81 or state regulations with respect to signage and equipment or 82 processes that create noise, vibration, heat, smoke, dust, 83 glare, fumes, or noxious odors . Any local regulations on a 84 business with respect to noise, vibration, heat, smoke, dust, 85 glare, fumes, or noxious odors may not be more stringent than 86 those that apply to a residence where no business is conducted. 87 (f) All business activities comply with any relevant 88 local, state, and federal regulations with respect to the use, 89 storage, or disposal of any corrosive, combustible, or other 90 hazardous or flammable materials or liquids . Any local 91 regulations on a business with respect to the use, storage, or 92 disposal of any corrosive, combustible, or other hazardous or 93 flammable materials or liquids may not be more stringent than 94 those that apply to a residence where no business is conducted. 95 (4) Any adversely affected current or prospective home- 96 based business owner may challenge any local government action 97 in violation of this section. The prevailing party in a 98 challenge may recover reasonable attorney fees and costs 99 incurred in challenging or defending the action, including 100 reasonable appellate attorney fees and costs . Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. hb0403-03-er FLORIDA HOUSE OF REPRESENTATIVES ENROLLED CS/HB 403, Engrossed 1 2021 Legislature 101 (5) The application of this section does not supersede : 102 (a) Any current or future declaration or declaration of 103 condominium adopted pursuant to chapter 718, cooperative 104 document adopted pursuant to chapter 719, or declaration or 105 declaration of covenant adopted pursuant to chapter 720 . 106 (b) Local laws, ordinances, or regulations related to 107 transient public lodging establishments, as defined in s . 108 509 . 013 (4) (a) 1 . , that are not otherwise preempted under chapter 109 509 . 110 Section 2 . This act shall take effect July 1, 2021 . Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. hb0403-03-er Attachment 2 1 ORDINANCE NO. 36-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING CHAPTER 110, LAND 5 DEVELOPMENT REGULATIONS, SECTION 110-1 DEFINITIONS AND 6 ARTICLE IX SUPPLEMENTAL DISTRICT REGULATIONS, DIVISION 4 7 HOME OCCUPATIONS OF THE CITY CODE TO COMPLY WITH RECENT 8 LEGISLATION ADOPTED BY THE FLORIDA LEGISLATURE RELATED TO 9 HOME BASED BUSINESSES; MAKING CONFORMING AMENDMENTS 10 TO THE SCHEDULE OF ZONING DISTRICT REGULATIONS AND OTHER 11 PROVISIONS OF THE CITY CODE TO COMPLY WITH SAID 12 LEGISLATION; PROVIDING FOR THE REPEAL OF PRIOR 13 INCONSISTENT ORDINANCES AND RESOLUTIONS, 14 INCORPORATION INTO THE CODE, SEVERABILITY AND AN 15 EFFECTIVE DATE. 16 17 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 18 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 19 law, and 20 21 WHEREAS, based on recent legislation adopted by the Florida Legislature during the 2021 22 session, it has been determined that it is warranted to provide amendments to the City Code 23 regarding home -based businesses by repealing and replacing chapter 110, Land Development 24 Regulations, Article IX Supplemental District Regulations, Division 4 Home Occupations and 25 making other conforming amendments to the City Code to comply with the state preemption 26 provided under Section 559.955, Florida Statutes; and 27 28 WHEREAS, pursuant to the Florida Community Planning Act and Section 58-57 and 110- 29 3 of the City Code, the City's Planning & Zoning Board/Land Planning Agency has reviewed and 30 recommended adoption of this Ordinance at a duly held public meeting; and 31 32 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 33 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 34 Cape Canaveral. 35 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 37 ORDAINS, AS FOLLOWS: 38 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 39 this reference as legislative findings and the intent and purpose of the City Council of the City of City of Cape Canaveral Ordinance No. 36-2021 Page 1 of 9 1 Cape Canaveral. 2 3 Section 2. Amending Chapter 110, Land Development Regulations, Article IX 4 Supplemental District Regulations, Division 4 Home Occupations. The City of Cape Canaveral 5 Code of Ordinances, Chapter 110, Land Development Regulations, Article IX Supplemental District 6 Regulations, Division 4 Home Occupations is hereby amended as set forth below (underlined type 7 indicates additions and strikeout type indicates deletions, while *** indicate deletions from this 8 Ordinance of said Chapter, Article and Division that shall remain unchanged in the City Code): 9 10 CHAPTER 110 LAND DEVELOPMENT REGULATIONS 11 12 *** 13 14 Article IX Supplemental District Regulations 15 16 *** 17 Division 4 Home Occupations Based Businesses 18 19 Sec. 110-521. - Permitted home based businesses. 20 21 Customary home occupations which arc incidental to the permitted residential use shall be 22 allowed in any district which permits home occupations. 23 24 Home based businesses shall be permitted from a residential property provided such 25 businesses comply with the requirements set forth in Section 559.955, Florida Statutes and other 26 applicable federal and state law. Such businesses shall also comply with any applicable provision 27 of the City Code not otherwise preempted by law. 28 29 (b) Pursuant to Section 559.955(d), the activities of the home -based business are required to 30 be secondary to the property's use as a residential dwelling. For purposes of this section, 31 "secondary" means a use that is incidental and subordinate to the primary use and area of the 32 property serving as a residential dwelling and does not alter the principal residential use of the 33 property. 34 35 This section does not supersede or repeal: 36 37 (1) Any current or future declaration or declaration of condominium adopted pursuant 38 to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or 39 declaration of covenant adopted pursuant to chapter 720. 40 41 (2) Any provision of the City Code related to transient public lodging establishments, City of Cape Canaveral Ordinance No. 36-2021 Page 2 of 9 1 as defined in section 509.013(4)(a) 1., Florida Statutes that are not otherwise preempted under 2 chapter 509, Florida Statutes including, but not limited to Sections 110-486 and 110-487 regulating 3 vacation rentals. 4 5 6 Sec. 110-522. Requirements. Reserved. 7 8 (a) Home occupations are permittcd within thc confines of any dwelling unit, provided all 9 restrictions of this section are complied with. 10 11 (b) The primary use of the building shall remain residential, and the operator of the home 12 occupation shall remain a resident thereof. 13 14 (c) No structural additions, enlargements or exterior alterations changing the residential 15 appearance to a business or commercial appearance shall bc permittcd. 16 17 (d) No home occupation shall occupy an area gr ter than 25 percent of thc first floor ar of thc 18 dwelling unit, exclusive of the area of any open porch or attached garage or similar space not 19 suited or intended for occupancy as living quarters. No rooms which have been constructed as an 20 addition to thc residence or any attached garage or porch which has been converted into living 21 quarters shall be considered as floor area until two years after the date of completion thereof. 22 23 (e) No additional and separate entrance incongruent with the residential structural design shall 24 be constructed for the purpose of conducting the home occupation. 25 26 (f) The home occupation shall be conducted entirely within the dwelling unit used as the residence. 27 28 (g) For single family, duplex or townhouse structures, no display of goods or external evidence of 29 thc home occupation shall be permitted other than one nonilluminated nameplate, not exceeding 30 31 position not more than two feet distant from thc main entrance of thc dwelling unit concerned. 32 For structures housing multifamily or mixed uses, no external evidence of the home occupation 33 shall be permitted. 34 35 (h) No provision for offstreet parking or loading facilities, other than the requirements of the 36 district in which the use is located, shall be permittcd. Occupations which generate greater 37 volumes of traffic than would normally be expected in a residential neighborhood arc prohibited. 38 39 (i) No stock in trade or commodities, other than those prepared, produced or created on the, 40 premises by the operator of the home occupation, shall be kept or sold on the premises. 41 City of Cape Canaveral Ordinance No. 36-2021 Page 3 of 9 1 (j) No motor power other than electric motors shall be used in conjunction with a home 2 occupation. The total horsepower of such motors shall not exceed three horsepower or one 3 horsepower for any single motor. 4 5 (k) No equipment or process shall be used in a home occupation which creates noise, vibration, 6 glare, fumes or odors, detectable to the normal senses off the lot. No equipment or process shall 7 be used which creates visual or audible interference in any radio or television receiver or causes 8 fluctuation in line voltage outside the dwelling unit. No home occupation shall interfere with the, 9 reasonable enjoyment of adjoining or nearby dwelling units or properties. 10 11 Sec. 110-523. Local Business-tax receipt required. Reserved. 12 13 Permitted home occupations shall comply with the city local business tax levied pursuant to 14 section 70 66 et seq. 15 16 17 Section 3. Conforming Amendments. The City of Cape Canaveral Code of 18 Ordinances, is hereby amended as set forth below (underlined type indicates additions and 19 strikeout type indicates deletions, while *** indicate deletions from this Ordinance of the 20 referenced Chapter, Article, Division, Section or Table that shall remain unchanged in the City 21 Code): 22 23 A. Sec. 10-128. - Local business tax receipts/home occupations. 24 25 *** 26 (b) Adult entertainment establishments and sexually oriented businesses shall not be 27 approved as home occupations. 28 29 30 B. CHAPTER 94 SIGNS 31 32 *** 33 Sec. 94-4. — Exemptions. 34 35 The following signs may be erected without a permit, subject, however, to all remaining 36 requirements of these regulations: 37 38 *** 39 40 (11) Home based business occupation signs pursuant to section 94-83. City of Cape Canaveral Ordinance No. 36-2021 Page 4 of 9 1 2 *** 3 4 5 Sec. 94-83. — Home based business signs. 6 7 A home occupation sign that is nonilluminated and One nonilluminated sian that does not exceed 8 two square feet in area concerned shall be allowed per home based business in accordance with 9 district requirements if it is affixed flat against the exterior surface at a position not more than two 10 feet distant from the main entrance of the dwelling unit. There shall be no more than one of these 11 affixed signs per unit. 12 13 *** Table 94-96-1 District Restrictions Type of Sign R-1 R-2 R-3 C-1, C-2 & M-1 Pub/Rec *** *** *** *** *** *** *** Max. no. 1 1 1 1 N/A Home Occupation Home based business Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f. N/A *** *** 14 15 *** 16 17 C. CHAPTER 110 LAND DEVELOPMENT REGULATIONS 18 19 ARTICLE I. — IN GENERAL City of Cape Canaveral Ordinance No. 36-2021 Page 5 of 9 1 2 Sec. 110-1. — Definitions. 3 4 Home occupation means any occupation conducted entirely within a dwelling unit and carried on 5 by an occupant thereof, which occupation is clearly incidental and secondary to the use of the 6 dwelling for dwelling purposes and does not change the residential character thereof. 7 8 *** 9 10 ARTICLE VII. - DISTRICTS 11 12 *** 13 14 DIVISION 2. - R-1 LOW DENSITY RESIDENTIAL DISTRICT 15 16 *** 17 18 Sec. 110-273. - Accessory uses and structures. 19 20 *** 21 22 (4) Home occupation subject to section 110-521 et seq. 23 24 *** 25 26 DIVISION 3. - R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT 27 28 *** 29 30 Sec. 110-293. - Accessory uses and structures. 31 32 *** 33 34 (4) Home occapations subject to 110-521 et seq. Reserved. 35 36 *** 37 38 DIVISION 4. - R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT 39 40 *** City of Cape Canaveral Ordinance No. 36-2021 Page 6 of 9 1 2 Sec. 110-313. - Accessory uses and structures. 3 4 *** 5 6 (4) Home occupations subject to section 110-521 et seq. Reserved. 7 8 *** 9 10 ARTICLE IX. - SUPPLEMENTARY DISTRICT REGULATIONS 11 12 *** 13 14 Sec. 110-468. - Accessory structures. 15 16 (a)No accessory structure shall be erected in any front yard, and the accessory structure shall not 17 cover more than 30 percent of any required rear setback. No separate accessory structures shall 18 be erected within ten feet of any building on the same lot or within five feet of any lot line. An 19 accessory structure shall not exceed 24 feet in height. However, a lot with a one- or two-family 20 residence only may have one additional accessory structure erected per unit, not to exceed 100 21 square feet with a maximum height of ten feet if detached or 32 square feet with maximum height 22 of ten feet if attached in rear setback. In new construction an accessory building may not be 23 constructed prior to the construction of the main building. No accessory building shall be used 24 for any home occupation or business or for permanent living quarters; it shall contain no kitchen 25 or cooking facilities. It may be used for housing temporary guests of the occupants of the main 26 building. It is not to be rented or otherwise used as a separate dwelling. 27 28 *** 29 30 Sec. 110-489. - Pain management clinic regulations. 31 32 (1) Pain management clinics may only be permitted by special exception in the C-1, C-2 and M- 33 1 zoning districts, subject to the general conditions for special exceptions and subject to the 34 following requirements: 35 36 *** 37 38 (I) Reserved. Prohibition on home occupations. A pain management clinic shall not be 39 permitted as a home occupation. 40 City of Cape Canaveral Ordinance No. 36-2021 Page 7 of 9 1 2 3 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 4 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 5 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 6 7 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the 8 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 9 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 10 and like errors may be corrected and additions, alterations, and omissions, not affecting the 11 construction or meaning of this ordinance and the City Code may be freely made. 12 13 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 14 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 15 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 16 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 17 the validity of the remaining portions of this Ordinance. 18 19 Section 7. Effective Date. This Ordinance shall become effective immediately upon 20 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 21 Charter. 22 23 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 24 , 2021. 25 26 27 Bob Hoog, Mayor 28 29 30 ATTEST: For Against 31 32 Mike Brown 33 34 Mia Goforth, CMC Robert Hoog 35 City Clerk 36 Mickie Kellum 37 38 Wes Morrison 39 40 Angela Raymond City of Cape Canaveral Ordinance No. 36-2021 Page 8 of 9 1 2 3 4 First Advertisement: October 7, 2021 5 P&Z/LPA Hearing: October 13, 2021 6 First Reading: October 19, 2021 7 Second Advertisement: 8 Second Reading: 9 10 11 Approved as to legal form and sufficiency 12 for the City of Cape Canaveral only by: 13 14 15 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 36-2021 Page 9 of 9 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Ordinance No. 40-2021; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first reading. Department: Administrative Services Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 40-2021 (Attachment) is presented for adoption. Exhibit "A" to the Ordinance details the revenues and expenditures pertaining to the Starting Budget, Budget Transfers, Year-end Budget Adjustments and concludes with the 2021 Ending Budget. The revenues and expenditures have been adjusted to reflect what Staff believes to be the final Budget. This shows revenue that has exceeded estimates or was under -realized. Exhibit "B" shows a complete Budget Adjustment Detail sequentially numbered by Account/Description. As with past years, the Comprehensive Annual Financial Report (CAFR) will provide the actual expenditures for this budget year. It is anticipated that the FY 2020/21 Estimated Ending Fund Balances as compared to the Budget are as follows: General Fund $663,238 Special Revenue Fund $27,514 Capital Projects Fund - Wastewater Enterprise Fund $266,155 Stormwater Enterprise Fund $620,127 This is the first reading of Ordinance No. 40-2021. Submitting Department Director: John DeLeo Date: 10/11/21 Attachments: Ordinance No. 40-2021 with Exhibits "A" and "B". Financial Impact: No additional financial impact is experienced through the formal adoption of the Budget Adjustments and Amendments. However, the financial impact of each Adjustment or Amendment is recorded at the face value of the Amendment. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/11/21 The City Manager recommends the City Council take the following actions: Approve Ordinance No. 40-2021 at first reading. Approved by City Manager: Todd Morley Date: 10/11/21 ORDINANCE NO. 40-2021 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY FUND, CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND ENTERPRISE CAPITAL FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS AND AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached hereto as Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2020, and ending September 30, 2021, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day , 2021. ATTEST: Mia Goforth, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney First Reading: 10/19/2021 Legal Ad Published: Second Reading: Bob Hoog, Mayor FOR AGAINST Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond For Fiscal Year Ending September 30, 2021 Exhibit A GENERAL FUND FY 2021 FY 2021 FY 2021 FY 2021 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 1,448,850 (1,448,850) - Cash Forward-R&R 286,500 (286,500) - Ad Valorem Taxes 4,803,164 83,964 4,887,128 Local Option Gas Tax 325,000 53,444 378,444 Franchise Fees 776,673 37,421 814,094 Utility Taxes 1,214,725 (443) 1,214,282 Communications Service Tax 448,230 (70,456) 377,774 Permits&Licenses 541,657 (96,946) 444,711 Impact Fees 802,125 (386,543) 415,582 State Grants 410,000 (289,785) 120,215 State Shared Revenue 920,795 75,502 996,297 Local Shared Revenue 135,795 - 135,795 Charges for Services 24,410 3,958 28,368 Garbage&Recycling Revenue 1,182,455 (7,855) 1,174,600 Recreation Fees 103,820 (61,984) 41,836 Fines&Forfeitures 21,800 17,902 39,702 Interest Income 63,960 (11,886) 52,074 Fire Hydrant Rental Fee 76,788 (3,908) 72,880 Miscellaneous Revenue 121,500 60,863 182,363 Transfer from School Guard Crossing Fund 1,800 150 1,950 Transfer from CC Redevelopment Fund 685,526 250 685,776 Contribution from Wastewater Fund 687,940 - 687,940 Contribution from Stormwater Fund 19,566 1,957 21,523 Other Sources Loan Proceeds 4,037,000 213,000 4,250,000 TOTAL REVENUES 19,140,079 - (2,116,745) 17,023,334 EXPENDITURE Legislative 33,801 (11,694) 22,107 Administrative Services 517,346 (15,614) 501,732 Community Development 648,479 (22,250) 626,229 Protective Services 3,178,369 (289) 3,178,080 Fire/Rescue Services 2,186,975 (16,982) 2,169,993 Building&Code Enforcement 304,268 9,000 (41,852) 271,416 Infrastructure Maintenance 1,218,177 (304,004) 914,174 Cultural Programs 119,648 (27,214) 92,434 Leisure Services 764,972 5,600 (241,184) 529,388 Community Engagement 121,595 (11,319) 110,276 Legal Services 291,176 (167,449) 123,727 Solid Waste 1,195,889 (124,606) 1,071,283 Debt Service 1,291,271 - 1,291,271 Non-Departmental 1,506,543 (299,231) 1,207,312 Transfer to Community Redevelopment Agency 5,185,406 (934,733) 4,250,673 Contingency 576,164 (14,600) 101,674 663,238 TOTAL EXPENDITURES 19,140,079 - (2,116,746) 17,023,334 Excess of Revenues Over/(Under) Expenditures - - - Page 1 of 6 For Fiscal Year Ending September 30,2021 POLICE EDUCATION FUND FY 2021 FY 2021 FY 2021 FY 2021 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Police Education Income 1,200 348 1,548 Interest Income 400 (229) 171 TOTAL REVENUES 1,600 - 119 1,719 EXPENDITURE Education&Training - Contingency 1,600 119 1,719 TOTAL EXPENDITURES 1,600 - 119 1,719 Excess of Revenues Over/(Under) Expenditures - - - FIRE PROTECTION FUND FY 2021 FY 2021 FY 2021 FY 2021 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward R&R Interest Income 168 271 439 Impact Fees 9,500 (9,500) - Net Increase(decrease)in FMV - - TOTAL REVENUES 9,668 - (9,229) 439 EXPENDITURE Transfer to GF Contingency 9,668 (9,229) 439 TOTAL EXPENDITURES 9,668 - (9,229) 439 Excess of Revenues Over/(Under) Expenditures - - - SCHOOL CROSSING GUARD FUND FY 2021 FY 2021 FY 2021 FY 2021 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 1,200 - 1,200 Parking Fine Surcharge 750 132 882 Interest Income - TOTAL REVENUES 1,950 - 132 2,082 EXPENDITURE Transfer to General Fund 1,950 - 1,950 Contingency 132 132 TOTAL EXPENDITURES 1,950 - 132 2,082 Excess of Revenues Over/(Under) Expenditures - - - Page 2 of 6 For Fiscal Year Ending September 30,2021 LIBRARY FUND FY 2021 FY 2021 FY 2021 FY 2021 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward Ad Valorem Taxes 69,261 1,200 70,461 Ad Valorem Tax Delinquent 50 (50) Tax Penalty Income 60 47 107 Interest Income 6,180 (1,387) 4,793 Interest-Library Impact Fees - Interest-Tax Collections 42 84 126 Net Increase(decrease)in FMV 12,100 (12,100) Impact Fees- Library - TOTAL REVENUES 87,693 - (12,206) 75,487 EXPENDITURE Operating Expenses 40,100 (24,000) 16,100 Capital Purchases 30,000 (1,200) 28,800 Contingency 17,593 12,993 30,586 TOTAL EXPENDITURES 87,693 - (12,206) 75,487 Excess of Revenues Over/(Under) Expenditures - - - CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2021 FY 2021 FY 2021 FY 2021 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 25,554 40,000 65,554 Shared Revenue from Cape Canaveral 776,406 - 776,406 Shared Revenue from Brevard County 776,406 13,489 789,895 Interest Income - Transfer from General Fund 4,037,000 213,673 4,250,673 TOTAL REVENUES 5,615,366 - 267,162 5,882,528 EXPENDITURE Operating Expenses 11,559 (10,122) 1,437 Capital Purchases 4,865,957 282,526 5,148,483 Debt Service 737,850 - 737,850 Contingency (5,242) (5,242) TOTAL EXPENDITURES 5,615,366 - 267,162 5,882,528 Excess of Revenues Over/(Under) Expenditures - - - Page 3 of 6 For Fiscal Year Ending September 30,2021 LAW ENFORCEMENT TRUST FUND FY 2021 FY 2021 FY 2021 FY 2021 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 7,526 - 7,526 Interest-State 45 (21) 24 Contraband Income 1,000 896 1,896 Net Increase(decrease)in FMV - TOTAL REVENUES 8,571 - 875 9,446 EXPENDITURE School Resource Officer 6,595 - 6,595 Contingency 1,976 875 2,851 TOTAL EXPENDITURES 8,571 - 875 9,446 Excess of Revenues Over/(Under) Expenditures - - - Page 4 of 6 For Fiscal Year Ending September 30,2021 WASTEWATER ENTERPRISE FUND FY 2021 FY 2021 FY 2021 FY 2021 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 645,362 (645,362) - Utility Operating Income 4,056,805 70,341 4,127,146 Utility Penalty Income 62,015 (7,530) 54,485 Sewer Assessment Fees 84,000 (82,112) 1,888 Reuse Hook-Up Fees 2,925 (2,295) 630 Reclaimed Water Revenue 91,650 (1,328) 90,322 Investment Income 13,200 (8,598) 4,602 Sale of Fixed Assets 2,500 (2,500) Miscellaneous Income 2,500 146,573 149,073 State Grants - 121,600 121,600 Transfer from CC CRA Fund 52,324 - 52,324 SRF Loan Proceeds 3,735,000 (2,639,605) 1,095,395 TOTAL REVENUES 8,748,281 - (3,050,814) 5,697,467 EXPENDITURE Personal Services 1,645,800 52,546 1,698,346 Operating Expenses 1,454,191 196,050 (563,832) 1,086,409 Debt Service 533,000 18,629 551,629 Contribution to General Fund 707,506 (19,566) 687,940 Capital Outlay 4,230,500 (2,823,512) 1,406,988 Contingency 177,284 (196,050) 284,921 266,155 TOTAL EXPENSES 8,748,281 - (3,050,814) 5,697,467 Excess of Revenues Over/(Under) Expenses - - - Page 5 of 6 For Fiscal Year Ending September 30,2021 STORMWATER ENTERPRISE FUND FY 2021 FY 2021 FY 2021 FY 2021 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward 99,403 (99,403) Stormwater Utility Fees 1,014,324 48,014 1,062,338 Investment Income 4,200 (2,206) 1,994 TOTAL REVENUES 1,117,927 - (53,595) 1,064,332 EXPENDITURE Personal Services 239,575 8,527 248,102 Operating Expenses 350,686 33,000 (209,607) 174,079 Contribution to General Fund 21,523 - 21,523 Capital Outlay 425,000 (425,000) Contingency 81,143 (33,000) 572,484 620,627 TOTAL EXPENSES 1,117,927 - (53,595) 1,064,332 Excess of Revenues Over/(Under) Expenses - - - Page 6 of 6 General Ledger Budget Adjustment Summary Exhibit B City of Cape Canaveral DATE ACCOUNT NUMBER DESCRIPTION BEGINNING BUDGET CHANGE ENDING BUDGET 3/4/2021 401-010-535-546220 COLLECTION SYSTEM MAINTENANCE 122,950 146,050 269,000 3/4/2021 401-010-535-599000 CONTINGENCY 323,334 (146,050) 177,284 5/12/2021 001-006-524-533000 PROFESSIONAL SERVICES - 7,500 7,500 5/12/2021 001-006-524-531000 PROFESSIONAL SERVICES 7,500 (7,500) - 5/26/2021 001-011-572-534000 CONTRACT SERVICES 129,130 5,600 134,730 5/26/2012 001-017-901-999000 CONTINGENCY 576,164 (5,600) 570,564 7/28/2021 401-010-535-531000 PROFESSIONAL SERVICES 15,000 57,500 72,500 7/28/2021 401-010-535-546220 COLLECTION SYSTEM MAINTENANCE 269,000 (57,500) 211,500 7/28/2021 401-010-535-546210 PLANT&EQUIPMENT MAINTENANCE 190,950 80,000 270,950 7/28/2021 401-010-535-546220 COLLECTION SYSTEM MAINTENANCE 211,500 (80,000) 131,500 8/13/2021 001-012-519-554000 MEMBERSHIPS&TRAINING - 1,225 1,225 8/13/2021 001-012-519-552000 OPERATING SUPPLIES 1,225 (1,225) - 8/18/2021 403-018-538-531010 ENGINEERING FEES 34,000 33,000 67,000 8/18/2021 403-018-538-599000 CONTINGENCY 114,143 (33,000) 81,143 9/1/2021 001-006-524-546200 EQUIPMENT MAINTENANCE 6,045 9,000 15,045 9/1/2021 001-017-901-999000 CONTINGENCY 570,564 (9,000) 561,564 9/30/2021 401-010-535-546220 COLLECTION SYSTEM MAINTENANCE 131,500 100,000 231,500 9/30/2021 401-010-535-534000 CONTRACT SERVICES 145,310 (50,000) 95,310 9/30/2021 401-010-535-599000 CONTINGENCY 177,284 (50,000) 127,284 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • OCTOBER 19, 2021 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Discussion: Remote, Two -Way Participation during City Meetings. Department: City Clerk's Office Summary: At its September 21, 2021 Regular Meeting, City Council directed Staff to bring forward this Agenda Item to consider renewing the contract for GoToWebinar (GTW), or some other application, to allow for remote, two-way participation (RTWP) during official City Meetings. On September 22, 2021, per direction, Staff provided Council with information regarding the prior decision to end use of GTW for RTWP (Attachments 1 and 2) and cost/time-left on the current City contract for use of GTW. (Attachment 3) Background: From April 2020 through June of this year, City Staff implemented a RTWP option via GTW for residents and other interested parties during City meetings. This effort was in line with State and Federal recommendations and guidelines to encourage social distancing and limiting size of public gatherings due to the COVID-19 Pandemic. In November 2020, Governor Ron DeSantis allowed the lapsing of a prior Executive Order, which had suspended physical quorum requirements for public meetings, and issued Executive Order #20-246, lifting an established 10-person restriction on public gatherings. To abide by and follow the direction of Governor DeSantis, City Staff effected changes to the Council Chambers in both signage and seating for both members of its elected and appointed bodies as well as the general public through spacing of chairs and implementation of clear barriers at the dais. However, the GTW option for RTWP was retained, prompting hybrid -style public meetings. By early 2021, Staff had been weighing the level of necessity of RTWP, in the face of State action and vaccine availability potentially lessening the impact of the Pandemic, versus logistical challenges in terms of both technological difficulties and maintaining order during public meetings. The use of RTWP is offset with the following concerns: • Despite Staff and the City's IT contractor's best efforts, data bandwidth for online services has continually been an issue, with connection instability and dropouts occurring more frequently. Re -implementing the RTWP via GTW could further compound these problems. • The nature of the RTWP option of GTW does not allow the chair of a meeting to properly maintain order, as remote participants' audio can only be overridden by the GTW organizer manually placing the individual on mute. This places the burden of authority on a City Staff member, rather than the chair, in conflict with established roles. This concern was not apparent during the 100% remote meetings held for the first few months of the Pandemic and only became known upon utilizing GTW in a hybrid, in-person/remote format. • Excessive use of Staff time to operate a function that had been showing notably declining numbers and perceived lack of interest in the option. For these reasons, coupled with an intent to follow the lead of the Governor's actions and directives, Staff recommended discontinuing RTWP at the June 15, 2021 City Council Meeting, which Council approved unanimously. City of Cape Canaveral City Council Meeting • October 19, 2021 Agenda Item #1 0 Page 2 of 2 Since June, with RTWP no longer being implemented, Staff has taken the opportunity to make modifications to the Council Chambers A/V system in an effort to further enhance and simplify the manner in which meeting audio/visual is processed and streamed. Further modifications have been planned to allow for new, upgraded meeting production hardware to be installed in the future to enhance the viewing experience of recorded material. To re -implement RTWP, some of these modifications may have to be reconsidered and possibly reverted to the original setup. Additionally, with bandwidth concerns increasing, streaming of meetings coupled with RTWP could lead to an inconsistent viewing experience for those at home. For these reasons, Staff are recommending that it is not time appropriate to re -implement RTWP for City meetings and encourage all who wish to have their voices acknowledged in a remote fashion to please utilize the email option as detailed in the headers of meeting agenda. Staff is continuing its pursuit of best practices in the RTWP field and will provide a recommendation to Council when available. Submitting Department Director: Mia Goforth Date: 10/11/21 Attachments: 1. June 15, 2021 Agenda Item to authorize discontinuation of GTW for public meetings. 2. June 15, 2021 City Council Meeting minutes, with portion highlighted. 3. LogMeln GTW invoice. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/11/21 The City Manager recommends the City Council take the following action: Maintain current format for conducting Meetings, with established method for those wishing to participate remotely to do so through use of email to submit concerns. Approved by City Manager: Todd Morley Date: 10/11/21 Attachment 1 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 # 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 FILED 2020 MAR 20 AM 9:38 DEPARTMENT OF STATE TALLASHASSEE, FLORIDA 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 all 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 FILED 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 Iiberties 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, 1, 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-1 9 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, l 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: SECRETARY OF STATE FILED 2021 MAY-3 PM 4:06 DEPARTMENT OF STATE TALLAHASSEE, FL Attachment 2 CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday June 15, 2021 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. Council Member Morrison 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 Assistant City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Cultural and Community Affairs Director HR/Risk Management Director Leisure Services Director Public Works Services Director City Planner Deputy City Clerk Executive Assistant to City Manager/Office Manager Sustainability Manager/Planner Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Deputy Chief Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Melinda Huser Gustavo Vergara James Moore Brenda Surprenant Daniel LeFever Lisa Day Zachary Eichholz Andrew Walters Brett Lockhart Christopher Quinn PUBLIC PARTICIPATION: Evan Weisfeldt, property owner, expressed concerns regarding the idea of paying for beach parking. Discussion ensued and included the City's parking meter initiative in 2011 and a potential new paid parking program for Council consideration in the future. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring Tuesday, June 15, 2021 as "World Elder Abuse Awareness Day" to Marty Mercado, Aging Matters in Brevard, Director of Development: Mayor Pro Tem Raymond read aloud and presented the Proclamation to Ms. Mercado of Aging Matters. City of Cape Canaveral, Florida City Council Regular Meeting • June 15, 2021 Minutes • Page 2 of 5 Council reached consensus to discuss flooding and standing water in the City under Reports. CONSENT AGENDA: Mayor Hoog asked if any Items needed to be removed for discussion. Council Member Morrison removed Items 2, 3 and 6. 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. 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. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Consent Agenda Item Nos. 1, 4 and 5. The motion carried 5-0. 2. Discussion ensued and included extending the temporary use of feather flags and snipe signs for businesses in the City. City Attorney Garganese discussed City Code, Council's authoritative options and emergency powers. City Manager Morley suggested, with Council consensus, a suspension could remain in place until the next meeting to formalize the decision. Discussion continued regarding a Code provision which allows businesses to use feather flags twice per year for thirty days. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to approve Resolution No. 2021-06. The motion carried 5-0. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to extend the Feather Flags and Snipe Signs for thirty days, pending Council review and approval. The motion carried 5-0. 3. Discussion ensued and included whether Council had any additional ideas regarding the outdated solar lighting. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Item No. 3. The motion carried 5-0. 6. Discussion ensued and included discontinuation of the GoToWebinar virtual meeting software in use since March 2020, public meeting production and live streaming, possible bandwidth concerns, the convenience of bi-directional public meetings, finding a cost-effective City of Cape Canaveral, Florida City Council Regular Meeting • June 15, 2021 Minutes • Page 3 of 5 solution to allow remote participation and bringing the results back to Council, citizens have the option to email the City Clerk's Office prior to City Council Meetings, diminished viewership and participation metrics, City Manager Morley offered to research options for a call -in function for public participation and Staff was praised for efforts in getting virtual software up and running quickly during the COVID-19 Pandemic. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Item No. 6. The motion carried 5-0. PUBLIC HEARINGS: 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: City Attorney Garganese read the title into the record and explained the Item. City Manager Morley stated the GSA rate will automatically adjust for travel and accommodations. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Council Member Brown thanked Council Member Kellum for raising the issue. A motion was made by Council Member Kellum, seconded by Council Member Morrison, to adopt Ordinance No. 30-2021, second reading. The motion carried 5-0. 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: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. City Manager Morley confirmed that contractors can use their own dumpsters. A motion was made by Council Member Kellum, seconded by Council Member Morrison, to adopt Ordinance No. 31-2021, second reading. The motion carried 5-0. ITEMS FOR ACTION: 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: Mayor Hoog asked for volunteers. Mayor Pro Tem Raymond offered to be the Voting Delegate. Discussion ensued. A motion was made by Mayor Hoog, seconded by Council Member Kellum, to designate Mayor Pro Tem Raymond to be the Voting Delegate at the Conference. Mayor Hoog expressed appreciation for the great job Mayor Pro Tem Raymond did last year and continues to bring back a lot of information from the Florida League of Cities. The motion carried 5-0. Discussion ensued and included the importance of Council Member participation on various Florida League of Cities policy committees, the need for representation on the Finance and Taxation Policy Committee and a suggestion to discuss the opportunities to serve on the committees at a future City Council Meeting. 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: Discussion City of Cape Canaveral, Florida City Council Regular Meeting • June 15, 2021 Minutes • Page 4 of 5 ensued and included how the current Performance Evaluation format can be changed if Council desires, the International City/County Management Association (ICMA) Performance Evaluation form and handbook, revising the City's current form, praise for City Manager Morley's transition into the permanent City Manager position, resilience, composure guiding the City through the COVID-19 Pandemic and genuine care for the City. A motion was made by Mayor Hoog, seconded by Council Member Brown, to ratify the Composite City Manager Performance Evaluation, as written. The motion carried 5-0. Discussion ensued and included starting salary increase negotiations at $124,000, a three percent increase and comparisons to other municipalities' executive based on population and experience. City Manager Morley confirmed City employees receive a maximum three percent merit increase based on a numerical score. Discussion continued on possible dollar and percentage increases in salary, lump sum pay out effects on retirement funds and no bonus was received by City Manager Morley last year. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Morrison, to increase the City Manager Annual Salary to $124,000. The motion carried 5-0. ITEMS FOR DISCUSSION: 11. Discuss and recommend a name for the building under construction at 7920 Orange Avenue, currently referred to as the Multi -Generational Facility: Discussion ensued and included the idea of commemorating first Mayor Ray Jamieson and first female Council Member Judge Fran Jamieson, working with the Space Coast Tourist Development Council, the name "Cape Canaveral Community Center" stands out as a destination and the suggestion to place a dedication plaque at the Culture, Arts, Preservation and Enrichment (CAPE) Center to honor Mr. and Mrs. Jamieson. Arlyn DeBlauw, 8931 Lake Drive, suggested "The City of..." be placed at the beginning of the name for the building. Rocky Randels, Mayor Emeritus, discussed the history of the project over the years and this is an opportunity for Council to come together and unite in coming to consensus for the team going forward. Katrina Freeman, 504 Fillmore Avenue, discussed honoring the many individuals over the decades and suggested dedicating a community room, garden or statue to certain individuals. Council reached consensus to name the building City of Cape Canaveral Community Center. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to name the Multi -Generational Facility, the City of Cape Canaveral Community Center. The motion carried 5-0. 12. Discuss and provide Staff with direction regarding hours related to alcohol sales in the City limits: Council requested Commander Walters speak on the Item to which he expressed concerns related to alcohol sale hours in the City and collection of data may be too soon yet, an increase in service calls for law enforcement in the Avon -by -the -Sea area could be related to the recent passing of Brevard County's 24-hour alcohol sales legislation, the open container legislation recently adopted by Council, extra costs to provide additional deputies should the data show an increase in alcohol related service calls and concerns that it may be too soon for Council to consider an ordinance for first reading due to lack of hard data. Discussion ensued and included late night traffic on State Road A1A, dangers to children and commuters in the early morning, businesses versus residents, respecting liberties, possible increase in DUIs, City history of late night and bottle club drinking and desires to gather more data. Elise Comelchook, business owner, urged for extending the hours for City sales of alcohol and discussed negative impacts to her business due to the County legislation. Peter Comelchook, business owner, discussed negative impacts to his business due to the County legislation. Discussion continued regarding concerns City of Cape Canaveral, Florida City Council Regular Meeting • June 15, 2021 Minutes • Page 5 of 5 over patrons driving after drinking, the effects of the COVID-19 Pandemic on businesses, desire to see an ordinance come back to Council in July, surveying businesses and residents, some restaurant and bar owners may not be interested in staying open later, the number of bars in the City, convenience stores will be included in the extended sales hours, DUI arrests made during certain hours and the idea of extending alcohol sales an additional two hours. City Manager Morley offered to gather objective data from restaurants, bars, other municipalities as well as the Brevard County Sheriff's Office data. Discussion continued regarding the best way to get citizen input and attention is to draft, review and properly notice an ordinance regarding this issue. A motion was made by Council Member Morrison, seconded by Mayor Hoog, for Staff to draft an ordinance regulating alcohol sales hours in the City, until 4 a.m. daily, back for first reading to the Regular City Council Meeting in August, with collected survey and data as discussed. Discussion ensued regarding which meeting to bring the item back to Council and clarification on what alcohol sales hours and days to include in a draft ordinance. The motion carried 3-2, with Council Member Brown and Mayor Pro Tem Raymond voting against. REPORTS: Discussion ensued regarding stormwater flooding over the past weekend, the City's infrastructure system designed 60 years ago, Presidential Streets Master Plan, Resiliency Plan, the rainfall event of Sunday, June 13, 2021 overwhelmed the existing stormwater system, inland drains should keep debris out of the Lagoon, flooding of homes and cars, amount of rainfall on Sunday was almost four inches and the time it takes for the water to subside, City stormwater projects in the works, increase in climate temperatures over the decades caused an increase in the amount of precipitation, Federal Recovery Fund money is targeted to arrive July 11 and the conditions placed on the use of those funds, flooding on this scale now happening more often, the Council has full authority to move money around, difficulties in managing trash and yard debris, prioritizing Resiliency Plan infrastructure improvements before the 2024 Federal Recovery Fund deadline and homeowner assistance funds for this type of issue. Katrina Freedman, 504 Fillmore Avenue, discussed flooding issues at the Sand Pebbles Condominium including flooding in the garages, over curbs and streets, the corrosion of water pipes and a planned assessment, and the need for bike path signage on Ridgewood Avenue. Mayor Pro Tem Raymond discussed the Space Coast League of Cities 2021 Scholarship Application Deadline extended to August 6, 2021. ADJOURNMENT: The Meeting was adjourned at 9:26 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk SEAL of Cape Canaveral, Florida Attachment 3 INVOICE LogMe Invoice Number 1208357811 Be Limitless. Customer# 6013369226 LogMeln USA,Inc. Invoice Date 25-Mar-2021 Fed ID81 2216538 Payment Terms Net 30 Due Date 24-Apr-2021 RECEIVED Bill-To By c.blake at 3:57 pm, Mar 25, 20211 John Deleo City of Cape Canaveral-GTW PO Box 326 PO Box 326 Cape Canaveral,FL 32920-0326 US Invoice Total: USD 2,160.00 page 1 of 2 # Service Description Service Period Qty Unit Price Total 1 GoToWebinar Service-Pro 25-Mar-2021 to 24-Mar-2022 1 USD 180.00 USD 2,160.00 Billing Frequency: Annual SUBTOTAL Excl.Tax&Fee USD 2,160.00 TAX(7.00%) USD 0.00 Total Including Tax & Fee USD 2,160.00 Thank you for participating in our credit card autopay program. There is no need to remit additional payment at this time as the card ending in CREDIT CARD has already been charsed_Should we run into any issues with the autopayment someone will contact you. Please cut here and send with Payment PAYMENT INFORMATION LogMe® Account Info Be Limitless. City of Cape Canaveral-GTW LogMeln USA,Inc. Fed ID#81-2216538 Customer # 6013369226 Your Preferred payment method is:Credit/Debit Cards Invoice Number 1208357811 We will attempt to bill the card on file and reach out to you if our attempts are unsuccessful. Due Date 24-Apr-2021 Balance Due USD 0.00 Please do not send cash or include correspondence. CITY OF CAPE CANAVERAL City of Cape Canaveral City Council Meeting - October 19, 2021 Agenda Item Summary Item No. 11 Subject: Discussion on the SR A1A Roundabout and Roadway Redesign Projects Summary: Discussion on the Modern Roundabout Project (FPID# 430202-5) which is funded through construction along with the Roadway Redesign Project (FPID# 430202-8) which is currently only funded through design. Submitting Council Member: Council Member Wes Morrison. Date: 10/19/2021 Attachment(s):