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Home My WebLink Aboutcocc_council_mtg_packet_20211116CAPE CANAVERAL CITY COUNCIL SINE DIE MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA November 16, 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. CONSENT AGENDA 16:15 p.m. - 6:20 p.m. 1. Approve Minutes for October 19, 2021 Regular City Council Meeting. 2. Approve an Interlocal Agreement between the City Council and the Cape Canaveral Community Redevelopment Agency (CRA); recognizing a Joint Public Partnership between the City and the CRA related to the pending purchase and redevelopment activities associated with the Cape Canaveral Civic Hub (formerly known as "The Promenade"). PUBLIC HEARINGS 1 6:20 p.m. - 6:40 p.m. 3. 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, second 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 City of Cape Canaveral, Florida City Council Meeting • November 16, 2021 Agenda • Page 2 of 3 Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading. 4. 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, second reading. 5. 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, second reading. ITEM FOR DISCUSSION 1 6:40 p.m. - 6:50 p.m. 6. Discussion on funding of a relocation/assistance program for businesses located within the City Community Redevelopment Area (CRA). ADJOURNMENT SINE DIE CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CALL TO ORDER ROLL CALL MAYORAL OATH OF OFFICE COUNCIL MEMBERS OATH OF OFFICE PRESENTATION TO OUTGOING MAYOR ROBERT E. HOOG PRESENTATION TO OUTGOING COUNCIL MEMBER MIKE BROWN SELECTION OF MAYOR PRO TEM PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA 1 7:30 p.m. - 7:35 p.m. 7. Approve the proposed 2022 City Council Regular and Budget Meeting Schedule. 8. Approve Purchase and Installation of Water Reclamation Facility Lightning Protection System Upgrade by EMP Solutions, Inc. of Fishers, IN in the amount of $27,100. City of Cape Canaveral, Florida City Council Meeting November 16, 2021 Agenda Page 3 of 3 PUBLIC HEARING 1 7:35 p.m. - 7:45 p.m. 9. Ordinance No. 43-2021; amending Chapter 74 of the City Code regarding parking regulations on City owned or leased property; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. ITEM FOR ACTION 1 7:45 p.m. - 7:50 p.m. 10. Appoint a Council Member as the 2022 Voting Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition. ITEM FOR DISCUSSION 1 7:50 p.m. - 8:00 p.m. 11. Discussion on the American Rescue Plan Act and review Proposed Projects to determine how best to use these Fiscal Recovery Funds. REPORTS 1 8:00 p.m. - 8:15 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. ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday October 19, 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 (attended via GoToWebinar) Council Member Wes Morrison Mayor Pro Tem 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 Senior Planner Executive Assistant to the City Manager/Office Manager Brevard County Sheriff's Office Lieutenant Brevard County Sheriffs Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Gustavo Vergara James Moore Daniel LeFever Brenda Surprenant Lisa Day Brett Lockhart Chris Cardinal PUBLIC PARTICIPATION: Belinda Roldon, business owner/tenant at 7404 North Atlantic Avenue, discussed concerns and requested help from the City regarding the process of relocating a business due to the City's purchase of the building. Discussion ensued and included Council concerns for the businesses located at 7404 North Atlantic Avenue and the possibility of the Community Redevelopment Agency (CRA) Board providing assistance for relocation when the time comes. City Attorney Garganese clarified that in September, Council approved the terms of the month -to -month lease agreements not to exceed twelve months and indicated due diligence conducted on behalf of the City was to draft commercial grade leases to include tenant qualifications, security deposits and whether the rent payments are current, protecting the City's interests. Administrative/Financial Services Director explained how commercial leases and tenancy will be subject to audit and offered to research American Rescue Plan Act for relief. Council reached consensus for Staff to bring an Agenda Item addressing the concerns back to the Regular City Council Meeting in November. Smaily Ochoa, business owner/tenant at 7404 City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 19, 2021 Minutes • Page 2 of 6 North Atlantic Avenue, discussed concerns and requested help from the City regarding the process of relocating a business due to the City's purchase of the building. PRESENTATIONS/INTERVIEWS: Certificate of Appreciation — Brevard County Sheriff's Office Commander Andrew Walters: Mayor Hoog presented the Certificate to Commander Walters along with a commemorative City coin. Commander Walters thanked and addressed the Council, praising the Staff and the City. 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: Mayor Hoog presented the Proclamation to Stuart Smith and Heide Gabriella. Mr. Smith thanked Council, and presented a special challenge coin to the Mayor to commemorate the occasion. CONSENT AGENDA: Mayor Hoog asked if there were any Items that need to be removed. Council Member Morrison removed Item 3. 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. A motion was made by Council Member Morrison, seconded by Council Member Brown, to approve Consent Agenda Items 1 and 2. The motion carried 5-0. #3 Discussion ensued and included the Council's high priority of the Project from the Strategic Planning Retreat which was supported by all five Members, the City's responsibility for costs and coordination with Kimley-Horn to notify the public, concerns over low public meeting attendance during the Multi -Generational Facility Project public meetings happening again for this Project, the significance of the Presidential Streets Project, using word-of-mouth to help inform neighbors, a desire to delay approval unless Council receives a minimum number of citizen participation for a workshop at a larger venue, the Presidential Streets Neighborhood Vision Plan Project will run concurrent with the City Re -Visioning, the Presidential Streets Project is technical versus the aspirational nature of the Re -Visioning Plan, and confidence in Staff to handle notification and messaging efforts. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Morrison, to approve Item 3. The motion carried 5-0. PUBLIC HEARINGS: 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 Attorney Garganese read the title into the record and explained the Item was referred to the Florida Department of Economic Opportunity (DEO) with no objections. There being no discussion, the Public Hearing City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 19, 2021 Minutes • Page 3 of 6 was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to adopt Ordinance No. 33-2021, at second reading. The motion carried 5-0. 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: City Attorney Garganese read the title into the record and explained the Item. The Council read an email (attached herewith) to themselves which was received after the Agenda deadline for public comment from resident Ray Osbourne of Holman Road. There being no discussion, the Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to adopt Ordinance No. 37-2021, at second reading. The motion carried 5-0. 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: City Attorney Garganese read the title into the record. Discussion ensued and included support for and against the Project, the desire for a workshop meeting, the opportunity to remove the Promenade Project from the Budget not taken and approved unanimously by the Community Redevelopment Agency (CRA) Board, encouragement to visit the City of Rockledge Civic Hub, building for the future, and responses received from citizens opposed to the Project. The Public Hearing was opened. Lee Vicidomini, resident and property owner, discussed the Council's willingness to help the tenants of the property, the need to progress with harmony, how notification of the public should take place before the City Council takes any actions and recalled what happened during the Parking Meter Item years ago. Joseph Cobbs, III, resident, expressed concerns regarding the community and communication. The Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to adopt Ordinance No. 39-2021, at second reading. The motion carried 3-2, with Council Members Kellum and Morrison voting against. 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: City Attorney Garganese read the title into the record. Discussion ensued and included the principal payment schedule and the Agenda Item City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 19, 2021 Minutes • Page 4 of 6 scheduled for the November which is an Agreement between the CRA and the City. Jeff Larson, Larson Consulting Services, discussed past Capital Improvement Revenue Note Series for the City, the positive responses received by four banks and the selected proposed Loan Agreement from Synovus Bank, and how the time to lock in the 1.61 % interest rate is limited. Discussion continued regarding how the CRA did not figure into this transaction, healthy financial shape of the City, concerns over infrastructure and flooding, the Agreement between the City and County regarding Cherie Down Park is in the review process by Brevard County, and City Stormwater Projects are progressing. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to adopt Resolution No. 2021-21. 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 8:26 p.m. 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: City Attorney Garganese read the title into the record. Senior Planner Surprenant explained the Item. The Council read an email (attached herewith) to themselves which was received after the Agenda deadline for public comment from resident Ray Osbourne of Holman Road. Discussion ensued and included how the State preempted what the City can do regarding trees, questions and information provided by the Applicant/Owner who stated he and his associate investor will try to save as many trees as possible. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Brown, seconded by Council Member Morrison, to approve Ordinance No. 25-2021, at first reading. The motion carried 5-0. 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: 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. A motion was made by Council Member Morrison, seconded by Council Member Brown, to approve Ordinance No. 26-2021, at first reading. The motion carried 5-0. 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 Legislature related to home based businesses; making conforming amendments to the City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 19, 2021 Minutes • Page 5 of 6 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: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included State preemptions to regulating home -based businesses (HBBs), amending the Code accordingly, erosion of municipal home rule over time, potential impacts to cities and residential neighborhoods, Legislature does not provide definition of HBBs, HBBs will remain subject to general ordinances such as public nuisance and parking regulations, the importance of home rule, how the measure was fought by the Florida League of Cities and Space Coast League of Cities, and the State's economic development effort in allowing the public to operate businesses out of their homes. The Public Hearing was opened. Joseph Cobbs, III, resident, discussed support for HBBs and how worst case scenarios may not necessarily happen. The Public Hearing was closed. A motion was made by Council Member Morrison, seconded by Mayor Hoog, to approve Ordinance No. 36-2021, at first reading. The motion carried 4-1, with Council Member Kellum voting against. 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: City Attorney Garganese read the title into the record. Administrative/Financial Services Director DeLeo explained the Item. Discussion ensued and included the Comprehensive Annual Financial Report will show any unspent funds after all the invoices are received, Collection System Maintenance is related to the Waste Water Treatment Plant and those costs represent normal City business. 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 Morrison, to approve Ordinance No. 40-2021, at first reading. The motion carried 5-0. ITEMS FOR DISCUSSION: 10. Remote, Two -Way Participation during City Meetings: City Manager Morley discussed dwindling numbers of online attendees, the idea of bringing back the two-way participation option as suggested last month, cost data analysis performed by Cultural and Community Affairs Director Thomas, problematic nature of the City's current virtual meeting software platform, bandwidth issues, civility -based issues, challenges in maintaining proper meeting decorum, improving meeting production and recording, City's YouTube channel attracts largest audience and suggested focusing on using additional resources and funds to create better professional videos for posterity. Discussion ensued and included support for City Manager Morley's suggestion as a good business decision, remote two-way communication allowing citizen input being a direct result of the COVID-19 Pandemic, opinion that citizens be required to attend in - person at public meetings is archaic, support for part-time service to produce remote, two-way meetings, community feedback regarding the need to reduce the length of Council Meetings, opinion that 4-hour long meetings are a disservice to citizens, City Council Meetings are business meetings, presentations and comments should only take two -to -three minutes, convenience of participating from home, multiple ways for public participation, and transparency. Cultural and Community Affairs Director Thomas discussed data and virtual attendance numbers which many times represent City Staff. Discussion continued regarding changing public meeting software City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 19, 2021 Minutes • Page 6 of 6 platforms, citizen comfort levels for in -person attendance and budgeting to make such a purchase worthwhile. City Manager Morley indicated Staff will continue to explore and research public meeting software and production, will report back in November and thanked Council for being patient. 11. Discussion on the SR A1A Roundabout and Roadway Redesign Projects (Submitted by Council Member Morrison): Discussion ensued regarding extending the Meeting. A motion was made by Council Member Morrison, seconded by Council Member Brown, to extend the City Council Meeting an additional thirty minutes. The motion carried 5-0. Council Member Morrison explained the Item. City Manager Morley discussed how the City Council has yet to officially weigh in on the idea of a modern roundabout and the Florida Department of Transportation (FDOT) process is not finished. Discussion ensued and included oppositional comments received from inside and outside of the City regarding the roundabout, slowing traffic, safety improvements, some neutrality to the roundabout, FDOT attention to Cape Canaveral is a positive, the importance of Council consensus on the Project either way, desire for FDOT to have presented options and Council Member experience with roundabouts. Don Willis, resident and property owner, suggested Council petition the FDOT to implement the original Plan endorsed in Resolution No. 2019-01. Bill Hodge, property owner, expressed support for Mr. Willis' idea. Sarah Hodge, property owner, discussed opposition to the roundabout and support to go back to Council's originally endorsed Plan. Steven Stroud, resident, encouraged viewing the Kimley-Horn conceptual plan from 2016 on the Space Coast Transportation Planning Organization (SCTPO) website and expressed opposition to the roundabout Project. Brad Pervell, resident and property owner, discussed opposition to the roundabout and support for design improvements along SR A1A. Bruce Robertson, resident and property owner, discussed opposition to the FDOT Project and concerns as a pedestrian in the City. Lee Vicidomini, resident and property owner, discussed opposition to roundabouts, the need for a traffic light at the intersection of Columbia Drive and Church Street and concern over exiting on Harrison and Jackson Streets. Michele French, business owner, discussed concerns over the Plan preventing access to and losing business due to the Project. Kay Jackson, resident and business owner, discussed concerns regarding FDOT's lack of research and first responders' access to the riverside must be considered. Discussion ensued and included the Plan Council originally supported via the 2019 Resolution, Council's consistent advocacy for safety, improvements and slowing traffic, and desire for a 5-0 vote of Council Members to reach a consensus or vote on a resolution either way. City Manager Morley discussed there is time to continue discussion, a new Resolution is a great idea and suggested inviting the SCTPO or an independent consultant to speak on these points. REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 10:23 p.m. Bob Hoog, Mayor Mia Goforth, City Clerk From: RavK Osborne To: City Clerk Subject: Comments for City Council meeting. Date: Tuesday, October 19, 2021 1:11:04 PM I Raymond Osborne cannot make the meeting, so hereby email you my comments. 1) 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. I would ask for more refinement of the volume of use for a Conservation area and discuss a "Preserve" designation. 7. 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.These vacant lots on Jefferson and Poinsetta zoned R-2, duplexes or townhouses would be compatible with the neighborhood. There are large native trees that shade the sidewalks/road and benefit the community, contributing to its "Vision". I would propose that those trees, at least, not be permitted for removal. I would be very interested in citizen input. Single family homes are also in the immediate area. Respectfully yours, Raymond "Ray" Osborne 321-345-1715 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 16, 2021 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Approve an Interlocal Agreement between the City Council and the Cape Canaveral Community Redevelopment Agency (CRA); recognizing a Joint Public Partnership between the City and the CRA related to the pending purchase and redevelopment activities associated with the Cape Canaveral Civic Hub (formerly known as "The Promenade"). Department: Community and Economic Development Summary: With the passage of Resolution No. 2012-16, the City created the Community Redevelopment Agency (CRA), which is tasked with supporting redevelopment activities within its boundaries. Currently, the primary method of this support is through the financing of public infrastructure. The FY 2021/22 budget includes projected FY 2021/22 CRA revenue of $5,744,605, which includes line items of $943,062 of ad valorem revenue from both the City and Brevard County, and a $3,793,193 transfer from the General Fund (loan proceeds from the $6.2 million Capital Improvement Revenue Note). As part of establishing the CRA, a Redevelopment Plan was adopted that provides for the provision of necessary public facilities at acceptable levels of service within the CRA to accommodate existing and future needs, to include the provision of adequate parks and recreation services. To this end, the purchase of property to expand the City's Civic Hub is moving forward. The Civic Hub Project (Project) has been identified for purposes of supporting the local cultural enrichment/education programs and a mechanism for public engagement and to provide open space and beautification opportunities. To expedite this Project, the City Council adopted Ordinance No. 39-2021 and Resolution No. 2021- 21 authorizing a loan agreement with Synovus Bank in the amount of $1.2 million to complete the acquisition of the property and a portion of the design, demolition, permitting and construction costs of the project. Consistent with Section 163.400, Florida Statutes, the attached Interlocal Agreement attests to the Agency's commitment to reimburse the City for the annual principal and interest payments paid on the Bank Loan from increment revenues deposited into the Redevelopment Trust Fund or proceeds of future bonds that may be issued by the Agency. The loan will be amortized over a 10-year period and be paid in full on August 1, 2031 (see Exhibit to Attachment). Note that the financial commitment proposed through this Interlocal Agreement is not considered a loan between the City and CRA, but rather a commitment to contribute to the financing of the Project. Furthermore, the terms and conditions of the Interlocal Agreement are consistent with the goals and policies of the Redevelopment Plan. The CRA Board met on November 16, 2021, to consider the Interlocal and to make a recommendation to the Council on its approval. Submitting Department Director: David Dickey Date: 11/9/21 City of Cape Canaveral City Council Meeting • November 16, 2021 Agenda Item # 2 Page 2 of 2 Attachments: 1 - Interlocal Agreement w/Exhibit 2 - CRA Eligibility Memo Financial Impact: Staff time and effort to prepare this agenda item; $1.2 million loan to fund the redevelopment project. The City will be reimbursed by the Agency in annual equal installments amortized on a 10- year term. The first installment shall be due the City on February 1, 2022 and subsequent installments shall be due semiannually until the note is paid in full on August 1, 2031. The annual interest rate will be set at 1.61%. Staff time and effort to prepare this Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/5/21 The City Manager recommends the City Council take the following action: Approve the Interlocal Agreement. Approved by City Manager: Todd Morley Date: 11/9/21 Attachment 1 Prepared by and return to: Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 INTERLOCAL AGREEMENT (Financial Contribution for Public Redevelopment Activities) This Agreement entered into this day of November, 2021, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation of the State of Florida ("City"), and the CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY, a body politic and corporate created pursuant to Part III, Chapter 163, Florida Statutes and City of Cape Canaveral Resolution No. 2012-16 ("Agency"). WITNESSETH: WHEREAS, in 2012 the City created the Agency pursuant to Resolution 2012-16; and WHEREAS, the City and Agency hereby recognize, as more fully explained herein, that a joint public partnership exists between the Agency and the City for purposes of acquiring, designing, permitting, constructing and financing an expansion of the Cape Canaveral City Campus located along N. Atlantic Avenue (A1A) ("Project"); and WHEREAS, the Agency is beginning to generate adequate tax increment funding to commence making significant public capital investments in the Redevelopment Area Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 1 of 18 in accordance with the Agency's Redevelopment Plan ("Redevelopment Plan") and the Community Redevelopment Act of 1969 and as more specifically stated herein; and WHEREAS, the Redevelopment Plan provides that the Agency will formulate, finance and implement redevelopment strategies that will serve as a catalyst for future redevelopment and business opportunities within the Redevelopment Area; and WHEREAS, the Redevelopment Plan also provides that the Agency will provide necessary public facilities at acceptable levels of service within the Redevelopment Area to accommodate existing and future needs as proposed development occurs within the Redevelopment Area including, but not limited to, (i) the Agency working with all appropriate government agencies and private utilities to ensure the provision of adequate services and facilities within the Redevelopment Area including parks and recreation and other public services; (ii) the Agency pursuing adequate park and recreation facilities, open space and beautification opportunities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children; and WHEREAS, as a result of a City of Cape Canaveral initiated strategic planning process, the City has identified the Project to enhance the Cape Canaveral City Campus within the Redevelopment Area; and WHEREAS, the Project will be located adjacent to other City owned facilities and Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 2 of 18 serve as an in -fill acquisition of land and redevelopment project that will provide the City with an opportunity to create a compact and contiguous City campus to support local culture, commerce and education and serve as a venue for cultural enrichment/education programs and a mechanism for public engagement in the arts and repository for the City's rich cultural heritage; and WHEREAS, the Project is a major redevelopment activities which is expressly contemplated by, and in furtherance of implementing, the goals, policies and objectives set forth in the Redevelopment Plan; and WHEREAS, the current and previous annual budgets and capital improvement plans of the City and Agency provide that the Agency will participate with the City in funding the acquisition and construction of the Project; and WHEREAS, the Agency and City desire to partner together in pursuing the acquisition and construction of the redevelopment activities associated with the Project for purposes of supporting the local culture, commerce and education and serve as a venue for cultural enrichment/education programs and a mechanism for public engagement in the arts and repository for the City's rich cultural heritage and provide open space and beautification opportunities that may be desirable for the residents and businesses of Cape Canaveral and the Redevelopment Area; and WHEREAS, the Agency and City also desire to pursue these redevelopment Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 3 of 18 activities to promote future economic development within the Redevelopment Area and the City; and WHEREAS, to expedite the funding of the aforementioned redevelopment activities under historically favorable lending terms, the City Council adopted Ordinance No. 39-2021 and Resolution No. 2021-21 authorizing a loan agreement with Synovus Bank for a loan in the amount $1,200,000, as more specifically defined in Section 3(a) of this Interlocal Agreement ("Bank Loan"); and WHEREAS, the Bank Loan is in furtherance of the City and the Agency having adequate funding to complete the acquisition of the Project and a portion of the design, permitting and construction costs of the Project; and WHEREAS, the Agency has generated sufficient annual tax increment funding to reimburse the City the annual principal & interest payments on the Bank Loan as the Agency's financial contribution to the aforementioned redevelopment activities in furtherance of the Redevelopment Plan; and WHEREAS, although the financial commitment made by the Agency hereunder and accepted and agreed to by the City under this Interlocal Agreement is not a loan between the City and the Agency, to the extent that this Interlocal Agreement is construed as a loan, the Agency and City are aware that the Florida Attorney General has previously opined that loans between a city and redevelopment agency comply with Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 4 of 18 Florida law. See Op. Fla. Att'y Gen. 2001-30; and WHEREAS, it is necessary and proper for the Agency to agree to contribute to the financing of the Project and any other capital projects within the Agency's Redevelopment Area and to reimburse the City for the annual principal and interest payments paid by the City on the Bank Loan under the terms and conditions of this Agreement; and WHEREAS, the City and Agency are desirous of entering into this Interlocal Agreement to provide for the Agency's commitment to reimburse the City for the annual principal and interest payments paid on the Bank Loan from increment revenues deposited into the Redevelopment Trust Fund, and by any other available funding received by the Agency, or the proceeds of future bonds that may be issued by the Agency in the future; and WHEREAS, the City and the Agency hereby deem the terms and conditions of this Interlocal Agreement are consistent with the existing goals, policies and objectives of the Redevelopment Plan; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, and the governing board of the Cape Canaveral Community Redevelopment Agency, hereby find this Interlocal Agreement to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral and the Redevelopment Area. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 5 of 18 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: SECTION 1. RECITALS; AUTHORITY. The foregoing recitals are true and correct and hereby incorporated herein by this reference. This Agreement is entered into pursuant to the authority of Section 163.01, Florida Statutes, and Part III, Chapter 163, Florida Statutes, particularly including Section 163.400, Florida Statutes. SECTION 2. CONSISTENCY WITH THE REDEVELOPMENT PLAN. The City and the Agency hereby agree that this Agreement is consistent with the Agency's Redevelopment Plan, and that a modification of the Redevelopment Plan is not legally necessary to approve, execute and implement the terms and conditions of this Interlocal Agreement. SECTION 3. DEFINITIONS. (a) As used in this Agreement, the following terms shall have the following meanings: (1) "Act" means the actions by the governing body of the Agency and the City Council creating the Agency and authorizing this Interlocal Agreement, Section 163.01, Florida Statutes, as amended, Part III, Chapter 163, Florida Statutes, and other applicable provisions of law. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 6 of 18 (2) "Agency" means the Cape Canaveral Community Redevelopment Agency Florida, and any successor thereto. (3) "Bank Loan" means that certain bank loan authorized by the City's City Council by Ordinance No. 39-2021 and Resolution No. 2021-21 authorizing a loan agreement between the City and Synovus Bank in the original principal amount of up to One Million Two Hundred Thousand and No/100 Dollars ($1,200,000.00), with a term of 10 years and interest rate of 1.61%, for purposes of funding the Project and other related capital improvements. Said Bank Loan is payable in accordance with the attached Debt Service Schedule, which is hereby fully incorporated herein as EXHIBIT "A." (4) "Area" or "Redevelopment Area" means the Agency's jurisdictional area of operation which is legally described and set forth in City Resolution 2012-16, as may be amended. (5) "City" means the City of Cape Canaveral, Florida, a Florida municipal corporation. (6) "City Council" means the elected governing body of the City. (7) "Fiscal Year" means the period commencing on October 1 of each year and continuing to and including the succeeding September 30. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 7 of 18 (8) "Governing Body" means the governing board of the Agency, or any successor board, commission or council thereto. (9) "Increment Revenues" means any monies deposited in the Redevelopment Trust Fund pursuant to Section 163.387, Florida Statutes, plus any investment earnings thereof. (10) "Plan" means the Redevelopment Plan adopted by the Agency and the City Council pursuant to the Act for redevelopment in the area of operation of the Agency. (11) "Redevelopment Activities" shall mean those activities funded by the Bank Loan located within the Redevelopment Area, specifically the Project and other related capital improvements, and falling within the definitions of "community redevelopment," "redevelopment," "related activities," and "community policing innovation" as those terms are defined in section 163.340, Florida Statutes, and authorized by the Plan including design, engineering, permitting and construction costs incurred by the City and/or Agency directly related to such activities. (12) "Redevelopment Trust Fund" means the redevelopment trust fund of the Agency created and established pursuant to the Act in which Increment Revenues are deposited. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 8 of 18 (b) Words importing singular numbers shall include the plural number in each case and vice versa, and words importing persons shall include firms, corporations or other entities, including governments or governmental bodies. References to Florida Statutes are to Florida Statutes (2021), as amended. SECTION 4. FINDINGS AND DETERMINATIONS. (a) The parties hereto recognize and find that it is in the best interest of each party and the public to establish an additional cooperative relationship between the parties hereto in order to best carry out the purposes of the Act, specifically including the Redevelopment Activities which will occur within the Area on a timely and expeditious basis. The parties hereto do further find that the Agency has sufficient available funds to timely carry out the financial contribution required by Section 5 of this Interlocal Agreement to assist in funding the certain Redevelopment Activities under the Act and more specifically described herein. (b) It is hereby ascertained, determined and declared by the Governing Body of the Agency, that: (1) It is in the best interests of the citizens of the City and is contemplated by the Act and the Agency's Redevelopment Plan that the Agency undertake certain actions in order to further the redevelopment of Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 9 of 18 its Area of operation within the corporate limits of the City through the implementation of the Plan by engaging in the Redevelopment Activities. (2) The Agency is authorized under the Act to use Increment Revenues and other available funds of the Agency, if any, to make the financial contribution to the City pursuant to Section 163.400, Florida Statutes, to pay all or a portion of the Redevelopment Activities of the City and Agency. (3) The financial contribution required under this Interlocal Agreement will be paid from all available funding sources available to the Agency including, but not limited to, Increment Revenues, grants, and any Agency Bonds that may be issued by the Agency if warranted and financially feasible, and the Agency is authorized under the Act to issue, if necessary, any future Agency Notes without a vote of the electors residing within the area of operation of the Agency or within the City or any part thereof. SECTION 5. AUTHORIZATION; FINANCIAL CONTRIBUTION. (a) On a fiscal year basis, the Agency agrees to make a financial contribution to the City from any available funds in an amount equal to each loan payment due, and paid by the City, under the Bank Loan, as more specifically stated in the Debt Service Schedule attached hereto as EXHIBIT "A." The reimbursement commitment made by Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 10 of 18 the Agency under this Section shall be retroactive to the first loan payment made by the City and shall continue until such time as the Bank Loan is deemed paid in full by the City and the bank. However, the Agency shall not be responsible for reimbursing the City for any penalties or fees incurred by the City as a result of late payments. Consistent with the terms and conditions of the Bank Loan, the Agency's financial contribution made under this Interlocal Agreement is likewise intended to be used for, and contingent upon the City, constructing the Redevelopment Activities. (b) The Agency agrees to annually budget and appropriate sufficient funds to make the reimbursement payment required by this Section from: (i) Increment Revenues; (ii) all other revenue and funding sources available and received by the Agency at any given time, and (iii) the proceeds from any Agency Bonds that may be issued by the Agency with the City's approval to make the reimbursement commitment required by this Section. (c) The Agency's commitment and obligations under this Section shall not be deemed to constitute a general obligation of the Agency or the City or a debt, liability or obligation of the Agency, the City, the State of Florida or any political subdivision thereof or a pledge of the faith and credit of the Agency, the City, the State of Florida or any political subdivision thereof. Neither the Agency, the City, the State of Florida or any political subdivision thereof, shall be directly, indirectly or contingently obligated to Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 11 of 18 levy or to pledge any form of ad valorem taxation whatsoever for the Agency's obligation to make the financial commitment required by this Section or the City's obligation to repay the Bank Loan. (d) The Agency covenants and agrees to perform and comply in every respect material to the financial commitment required under this Section with all applicable laws, rules and regulations relating to the preparation and implementation of the Plan and the performance of the Agency's covenants and obligations hereunder. SECTION 6. REMEDIES; NO GENERAL OBLIGATION. In the event the Agency should fail to perform any promise, covenant or condition contained herein, the City shall be entitled to seek any remedy then available to it under applicable law and may proceed to obtain equitable relief, including injunctive relief, from any court of competent jurisdiction. The parties hereto recognize and acknowledge that the only sources of payment to the City of the Agency's financial commitment herein are the Increment Revenues deposited in the Redevelopment Trust Fund, funds from any other revenue and funding sources available and received by the Agency at any given time, and the proceeds from any Agency Bonds issued to pay the financial commitment under this Interlocal Agreement, and the obligation evidenced here is not a general obligation or a pledge of the full faith and credit of the Agency or any other governmental entity Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 12 of 18 or political subdivision of the State of Florida, under any applicable statutory or constitutional provision. SECTION 7. REPRESENTATIONS AND WARRANTIES. (a) The Agency does hereby represent and warrant to the City that it has all requisite power, authority and authorization to enter into this Agreement and has taken, or will take, all necessary actions required to enter into this Agreement, make any payment contemplated hereby, and to fulfill any and all of its obligations, duties and responsibilities for or required of it by this Agreement, for their exercise individually or collectively. (b) The City does hereby represent and warrant to the Agency that it has all requisite power, authority, and authorization to enter into this Agreement, has taken, or will take in the near future, all necessary actions required to enter into this Agreement, and to fulfill any and all of its obligations, duties and responsibilities for or required of it by this Agreement, whether exercised individually or collectively. (c) The City does hereby represent and warrant to the Agency that it does not intend to sell, convey or assign the Bank Loan or proceeds thereof to any other person and intends to hold the Bank Loan until maturity. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 13 of 18 (d) The City does hereby represent and warrant that the financial contribution made by the Agency under this Interlocal Agreement will be used to repay the Bank Loan for purposes of funding the Redevelopment Activities. SECTION 8. AMENDMENTS. This Agreement may be amended only by the mutual written agreement of the City and the Agency at any time and from time to time. SECTION 9. THIS AGREEMENT CONSTITUTES A CONTRACT. In consideration of the acceptance of their mutual duties, obligations, and responsibilities hereunder, this Agreement shall be deemed to be and shall constitute a contract between the City and the Agency. SECTION 10. SEVERABILITY. If any one or more of the covenants, agreements or provisions of this Agreement shall be held contrary to any express provisions of law or contrary to any policy or express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Agreement. SECTION 11. CONTROLLING LAW. All covenants, stipulations, obligations, and agreements of the City and the Agency contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of each of the City and Agency, respectively, to the full extent authorized by the Act and provided by the Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 14 of 18 Constitution or the laws of the State of Florida. Any and all provisions of this Agreement and any proceedings seeking to enforce or challenge any provisions of this Agreement shall be governed by the laws of the State of Florida. Venue for any proceeding pertaining to this Agreement shall be Brevard County, Florida. SECTION 12. NO MEMBER LIABILITY. No covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the governing body or agent or employee of the City or the Agency in its, his or their individual capacity, and neither the members of the City Council or the Governing Body of the Agency, nor any official executing this Agreement shall be liable personally or shall be subject to any accountability for reason of the execution by the City or the Agency of this Agreement or any act pertaining thereto. SECTION 13. FILING OF AGREEMENT ONLY. The Clerk of the City is hereby authorized and directed after approval of this Agreement by the City Council and the Governing Body of the Agency and the execution thereof by the duly qualified and authorized officers of each of the parties hereto, to file this Agreement with the Clerk of the Circuit Court of Brevard County, Florida, in accordance with Section 163.01(11), Florida Statutes. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 15 of 18 SECTION 14. ASSIGNMENT. Neither party to this Agreement may assign, sell, transfer, convey, or give any or all of its rights, duties, obligations, and responsibilities under this Agreement without the prior written approval and consent of the other party. SECTION 15. EXPIRATION DATE; TERMINATION. Unless extended by mutual agreement of the City and the Agency by adoption and execution of a subsequent interlocal agreement, this Agreement shall expire at such time as the City has fully paid all principal and accrued interest on the Bank Loan or when the Agency sunsets as a legal entity, whichever occurs first. Notwithstanding the aforesaid, the Agency may terminate this Agreement if the City decides not to construct the Redevelopment Activities. Further, the parties may terminate this Agreement by mutual written agreement. SECTION 16. EFFECTIVE DATE. This Agreement shall become effective on November 16, 2021 upon the execution by the appropriate officers of the City and the Agency, and upon filing this Agreement with the Clerk of the Circuit Court of Brevard County, Florida, as required by Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and the year first above written. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 16 of 18 ATTEST (SEAL): By: CITY OF CAPE CANAVERAL, FLORIDA Mia Goforth, CMC, City Clerk Bob Hoog, Mayor STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, by [ ] physical presence or [ ] online notarization, appeared Bob Hoog, Mayor of the City of Cape Canaveral, ❑ to me known personally or ❑ who produced as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. (Notary Seal) NOTARY PUBLIC My Commission Expires: Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 17 of 18 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY ATT EST: By: Mia Goforth, CMC, Recording Secretary Bob Hoog, Chairperson STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, by [ ] physical presence or [ ] online notarization, appeared Bob Hoog, Chairperson of the Cape Canaveral Community Redevelopment Agency, ❑ to me known personally or ❑ who produced as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. (Notary Seal) NOTARY PUBLIC My Commission Expires: Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency 2021 Loan Payment Reimbursement Agreement Page 18 of 18 EXHIBIT "A" BOND DEBT SERVICE City of Cape Canaveral,Florida Capital Improvement Revenue Note,Series 2021 Synovus BQ Fixed RFP Dated Date: 10/21/2021 Delivery Date: 10/21/2021 Annual Date Principal Coupon Interest Debt Service Debt Service 10/21/2021 2/1/2022 116,000 1.610% 5,366.67 121,366.67 8/1/2022 8,726.20 8,726.20 130,092.87 2/1/2023 113,000 1.610% 8,726.20 121,726.20 8/1/2023 7,816.55 7,816.55 129,542.75 2/1/2024 114,000 1.610% 7,816.55 121,816.55 8/1/2024 6,898.85 6,898.85 128,715.40 2/1/2025 116,000 1.610% 6,898.85 122,898.85 8/1/2025 5,965.05 5,965.05 128,863.90 2/1/2026 118,000 1.610% 5,965.05 123,965.05 8/1/2026 5,015.15 5,015.15 128,980.20 2/1/2027 120,000 1.610% 5,015.15 125,015.15 8/1/2027 4,049.15 4,049.15 129,064.30 2/1/2028 122,000 1.610% 4,049.15 126,049.15 8/1/2028 3,067.05 3,067.05 129,116.20 2/1/2029 125,000 1.610% 3,067.05 128,067.05 8/1/2029 2,060.80 2,060.80 130,127.85 2/1/2030 127,000 1.610% 2,060.80 129,060.80 8/1/2030 1,038.45 1,038.45 130,099.25 2/1/2031 129,000 1.610% 1,038.45 130,038.45 8/1/2031 130,038.45 1,200,000 94,641.17 1,294,641.17 Accrued Interest Average Life(yrs) 4.899 Average Coupon 1.610000% All In TIC 2.683470% Arbitrage Yield 1.610171% TIC w/legal 1.745781% Maximum Debt: 130,128 Term (yrs) 9.28 10/20/2021 Prepared by Larson Consulting Services,Orlando, Florida Page 2 Cape Canaveral-Series 2021 (Synova RFP).xlsm CITY OF CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY (CRA) November 3, 2021 TO: Cape Canaveral City Council VIA: Todd Morley, City Manager FROM: David Dickey, CRA Director SUBJECT: Civic Hub Project Attachment 2 As outlined in the December 9, 2020 Revised Agenda Packet Process memo, the CRA Director shall provide a detailed memo outlining the following related to CRA-eligible/funded projects: 1. The project geographically lies entirely within the CRA: Yes, the entire project is located within the CRA boundary. 2. The project falls under an "eligible project" category within the City's CRA Plan: Yes, the project is consistent with the CRA Strategy of providing necessary public improvements at acceptable levels of service within the redevelopment area. Specifically, to pursue adequate park and recreation facilities, open space and beautification opportunities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children. 3. Funding appeared within the last 5 years in the General Fund: No. 4. Funding has ever appeared in the General Fund 5-Year CIP: No. 5. The project is consistent with the Interlocal Agreement between the CRA and Brevard County, dated June 19, 2018. Yes, the project is consistent with the Interlocal Agreement. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 16, 2021 AGENDA ITEM SUMMARY • ITEM # 3 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, second 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, second 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 • November 16, 2021 Agenda Item # 3_ 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 • November 16, 2021 Agenda Item # 3_ 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 • November 16, 2021 Agenda Item # 3_ 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. At its October 19, 2021 Regular Meeting, Council approved both Ordinances at first reading. The Notice of Hearing was placed for advertisement in Florida Today on October 7, 2021 and the Ordinances are now presented for second reading and final adoption. TT4 Submitting Department Director: David Dickey / Date: 11/5/21 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: 11/5/21 The City Manager recommends the City Council take the following actions: 1. Adopt Ordinance No. 25-2021 on second reading; and 2. Adopt Ordinance No. 26-2021 on second reading. Approved by City Manager: Todd Morley Date: 11/5/21 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 16th day of 88 November, 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 Advertisement: October 7, 2021 108 First Reading: October 19, 2021 109 Second Reading: November 16, 2021 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" tJIFfo-7 BIrFIA'/CFA PROPERTY APPRAISER 1:1,000 0 45 90 f 1 i I0 4vor• out�ty East 1/2 of Lot 4 and Lots 5,6,7 and 8, Block 13, Avon by the Sea , PB 3, Page 7. 1z.s 25 180 ft i I I 50 m All BCPAO maps and/or map applications are maintained for assessment and illustrative purposes only and do not represent surveys, plats, or any other legal instrument. Likewise, measurement and location tools are for assessment and illustrative purposes only and do not necessarily reflect real -world conditions. Due to the nature of Geographic Information Systems (GIS) and cadastral mapping, map layers may not precisely align and may not represent precise location, shape, and/or legal boundaries. Only a Florida -licensed surveyor can determine legally -relevant property boundaries, elevation, distance, area, and/or location in Florida. Map created July 7, 2021 (map data dates may vary) 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 16th day of 2 November, 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: November 16, 2021 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" tJIFfo-7 BIrFIA'/CFA PROPERTY APPRAISER 1:1,000 0 45 90 f 1 i I0 4vor• out�ty East 1/2 of Lot 4 and Lots 5,6,7 and 8, Block 13, Avon by the Sea , PB 3, Page 7. 1z.s 25 180 ft i I I 50 m All BCPAO maps and/or map applications are maintained for assessment and illustrative purposes only and do not represent surveys, plats, or any other legal instrument. Likewise, measurement and location tools are for assessment and illustrative purposes only and do not necessarily reflect real -world conditions. Due to the nature of Geographic Information Systems (GIS) and cadastral mapping, map layers may not precisely align and may not represent precise location, shape, and/or legal boundaries. Only a Florida -licensed surveyor can determine legally -relevant property boundaries, elevation, distance, area, and/or location in Florida. Map created July 7, 2021 (map data dates may vary) Attachment 3 Corner of Poinsetta Ave and Jefferson Ave. 112 Jefferson Ave Cape Canaveral, Florida 1 Google - Street View ALL-SHO TQ-WNHO CH ARDENSTO 9. Street view looking east. 8098 Peinsetta Ave Cape Canaveral, Florida Google ��. Street View ALL-SHO TOWrNHO i CH GARDENS TO Google Street view looking south. 8099 Poinsetta Ave Cape Canaveral, Florida Google Street View Google Street view looking northwest. Attachment 4 City of_tape Canaveral Map LEN.CHEEK OR Peri Canaveral Legend ROADWAYS ▪ PD (Ordinance No.08-2019) ▪ PUB/REC - CON - C-1 C-2 - M-1 R-1 R-2 - R-3 0 0.17 0.35 Data Source: Brevard County Property Appraiser Office City of Cape Canaveral, Brevard County Government. 00000 i0vli I'` 000 0tttt0:i Iry R_0F9v.E suvmxraevo� — 3,IDClJ]!'L�gJ`u73 ,dlea :4�re RALZ `I EACH "AR L" 111111111111 tiro `°nr Bk. �:� 3 ; 111110111111� "in1!�1�11111�� sA IL 11 • noiu 1 ' a ii � f�►� R ILJi Q'�•_n e.:S=.,T :q i ��p 1°I ,`IIII!Ill! I ! G �I�`Vnum nu�H\4 `CtIhllll - !lnniIiIIlIIl rAIW 1111111111111'I ■ 0.7 Miles PROLE ORM VIM ■ rr IIIIIIIIIIIIIIII • �1 IIII� �IIIILp,Is_A 110IIIIIIIIIIIIIII IlI1.1 1 ■ IpVE 111 MIIIIIM'V/ LJL11J11111.11 <IIIIIIIIII/ o i_iwilim �1N�1]11,A1 I1 J •r num.II 1 mrm; mum pl :in 1 ■r_iir mu! N_ nIIILt 11111111 cv 1 11 SiSHEPARDOR VLO ME oEAOE POLSIPHER BRIGHTIVITERS.Rw�� Way GAMw 41.,aa arch 2021. ruwcHuay.M rooasea:na � warcw.w '-oE 2?'calaNN. City of Cape Canaveral Zoning Map Prepared by the City of Cape Canaveral (2021) Sources: Esri, HERE, Garm in, Intermap, increment P Corp., GEBCO, USG FAO NPS, NRC7N sc wnr,N.)i daster NC, .PASGO. nanceSmvey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 16, 2021 AGENDA ITEM SUMMARY • ITEM # 4 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 the repeal of prior inconsistent ordinances resolutions, incorporation into the code, severability and an effective date, second 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, 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 will repeal and replace chapter 110, Land Development Regulations, Article IX Supplemental District Regulations, Division 4 Home Occupations and makes other conforming amendments to the City Code to comply with the state preemption provided under Section 559.955, Florida Statutes (Attachment 2). At its October 13, 2021 Regular Meeting, the Planning and Zoning Board recommended approval of the subject Ordinance. At its October 19, 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 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 11/5/21 Attachments: 1. CS/HB 403: Home -based Businesses bill text 2. Ordinance No. 36-2021 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/5/21 The City Manager recommends the City Council take the following action: Adopt Ordinance 36-2021 on second reading. Approved by City Manager: Todd Morley Date: 11/5/21 Attachment 1 FLORIDA HOUSE O F 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 O F 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 O F 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 Laj 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 fgj 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 usc 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 homc occupation shall bc permittcd other than one nonilluminatcd 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 uscs, no external evidence of the home occupation 33 shall bc permitted. 34 35 (h) No provision for offstrcct parking or loading facilities, other than the requirements of the 36 district in which thc usc is located, shall bc permittcd. Occupations which generate greater 37 volumes of traffic than would normally bc expected in a residential neighborhood arc prohibited. 38 39 (i) No stock in tradc or commodities, other than those prepared, produced or created on the, 40 premises by thc operator of thc homc occupation, shall be kept or sold on thc 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 homc occupation shall interfere with the, 9 reasonable enjoyment of adjoining or nearby dwelling units or properties. 10 11 Sec. 110-523. Local usiness-t receipt requ-i-red. Reserved. 12 13 Permitted homc 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/homc occupations. 24 25 *** 26 (b) Adult entertainment establishments and sexually oriented businesses shall not be 27 approved as homc 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 Homc 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) 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 o pations subject to ti„n „0-521 „t s 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 o pations subject to tion „0-521 et se 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 homc 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 homc 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 16th day of 24 November, 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: November 6, 2021 8 Second Reading: November 16, 2021 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 ACE`4 r met CITY OF s CAPE CANAVERAL� Y —' CITY COUNCIL MEETING • NOVEMBER 16, 2021 �,noF AGENDA ITEM SUMMARY • ITEM # 5 �aPE�a.evEa• 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, second reading. Department: Administrative and Financial 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 $610,775 Special Revenue Fund $34,774 Capital Projects Fund - Wastewater Enterprise Fund $246,976 Stormwater Enterprise Fund $622,854 Ordinance No. 40-2021 was approved at first reading by Council at its October 19, 2021 meeting. The Notice of Public Hearing was advertised in Florida Today on November 4, 2021. Submitting Department Director: John DeLeo Date: 11/5/21 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: 11/5/21 The City Manager recommends the City Council take the following actions: Adopt Ordinance No. 40-2021 at second reading. Approved by City Manager: Todd Morley Date: 11/5/21 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 16`h day November, 2021. Bob Hoog, Mayor ATTEST: FOR AGAINST Mike Brown Mia Goforth, City Clerk Bob Hoog Mickie Kellum Wes Morrison Approved as to Form: Angela Raymond Anthony A. Garganese, City Attorney First Reading: 10/19/2021 Legal Ad Published: 11/4/2021 Second Reading: 11/16/2021 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 83,822 4,886,986 Local Option Gas Tax 325,000 47,655 372,655 Franchise Fees 776,673 87,889 864,562 Utility Taxes 1,214,725 16,762 1,231,487 Communications Service Tax 448,230 (77,653) 370,577 Permits&Licenses 541,657 (83,985) 457,672 Impact Fees 802,125 (386,543) 415,582 State Grants 410,000 (289,785) 120,215 State Shared Revenue 920,795 76,192 996,987 Local Shared Revenue 135,795 - 135,795 Charges for Services 24,410 18,144 42,554 Garbage&Recycling Revenue 1,182,455 (1,444) 1,181,011 Recreation Fees 103,820 (62,063) 41,757 Fines&Forfeitures 21,800 18,356 40,156 Interest Income 63,960 (9,214) 54,746 Fire Hydrant Rental Fee 76,788 2,817 79,605 Miscellaneous Revenue 121,500 61,321 182,821 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 4,037,000 713,000 4,750,000 TOTAL REVENUES 19,140,079 - (1,517,723) 17,622,358 EXPENDITURE Legislative 33,801 (11,694) 22,107 Administrative Services 517,346 (14,676) 502,670 Community Development 648,479 (21,186) 627,293 Protective Services 3,178,369 1,569 3,179,938 Fire/Rescue Services 2,186,975 (9,845) 2,177,130 Building&Code Enforcement 304,268 9,000 (41,763) 271,506 Infrastructure Maintenance 1,218,177 (265,667) 952,510 Cultural Programs 119,648 (22,430) 97,218 Leisure Services 764,972 5,600 (234,265) 536,307 Community Engagement 121,595 (35,441) 86,154 Legal Services 291,176 (158,478) 132,698 Solid Waste 1,195,889 (29,450) 1,166,439 Debt Service 1,291,271 - 1,291,271 Non-Departmental 1,506,543 (288,874) 1,217,669 Transfer to Community Redevelopment Agency 5,185,406 (434,733) 4,750,673 Contingency 576,164 (14,600) 49,211 610,775 TOTAL EXPENDITURES 19,140,079 - (1,517,723) 17,622,358 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 1,200 402 1,602 Interest Income 400 (219) 181 TOTAL REVENUES 1,600 - 183 1,783 EXPENDITURE Education&Training - Contingency 1,600 183 1,783 TOTAL EXPENDITURES 1,600 - 183 1,783 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 168 298 466 Impact Fees 9,500 (9,500) - Net Increase(decrease)in FMV - - TOTAL REVENUES 9,668 - (9,202) 466 EXPENDITURE Transfer to GF Contingency 9,668 (9,202) 466 TOTAL EXPENDITURES 9,668 - (9,202) 466 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 750 142 892 Interest Income - TOTAL REVENUES 1,950 - 142 2,092 EXPENDITURE Transfer to General Fund 1,950 - 1,950 Contingency 142 142 TOTAL EXPENDITURES 1,950 - 142 2,092 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 1,197 70,458 Ad Valorem Tax Delinquent 50 (50) Tax Penalty Income 60 47 107 Interest Income 6,180 (1,099) 5,081 Interest-Library Impact Fees - Interest-Tax Collections 42 85 127 Net Increase(decrease)in FMV 12,100 (12,100) Impact Fees- Library - TOTAL REVENUES 87,693 - (11,919) 75,774 EXPENDITURE Operating Expenses 40,100 (23,933) 16,167 Capital Purchases 30,000 (831) 29,169 Contingency 17,593 12,845 30,438 TOTAL EXPENDITURES 87,693 - (11,919) 75,774 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 (25,554) - 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 4,037,000 713,673 4,750,673 TOTAL REVENUES 5,615,366 - 701,608 6,316,974 EXPENDITURE Operating Expenses 11,559 (9,933) 1,626 Capital Purchases 4,865,957 709,596 5,575,553 Debt Service 737,850 - 737,850 Contingency 1,945 1,945 TOTAL EXPENDITURES 5,615,366 - 701,608 6,316,974 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 (2,853) 4,673 Interest-State 45 (19) 26 Contraband Income 1,000 896 1,896 Net Increase(decrease)in FMV - TOTAL REVENUES 8,571 - (1,976) 6,595 EXPENDITURE School Resource Officer 6,595 - 6,595 Contingency 1,976 (1,976) - TOTAL EXPENDITURES 8,571 - (1,976) 6,595 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 4,056,805 118,351 4,175,156 Utility Penalty Income 62,015 (9,698) 52,317 Sewer Assessment Fees 84,000 (82,112) 1,888 Reuse Hook-Up Fees 2,925 (2,295) 630 Reclaimed Water Revenue 91,650 (1,015) 90,635 Investment Income 13,200 (8,343) 4,857 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 - (3,004,405) 5,743,876 EXPENDITURE Personal Services 1,645,800 49,317 1,695,117 Operating Expenses 1,454,191 196,050 (543,577) 1,106,664 Debt Service 533,000 18,629 551,629 Contribution to General Fund 707,506 (19,566) 687,940 Capital Outlay 4,230,500 (2,774,951) 1,455,549 Contingency 177,284 (196,050) 265,742 246,976 TOTAL EXPENSES 8,748,281 - (3,004,405) 5,743,876 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 55,472 1,069,796 Investment Income 4,200 (2,035) 2,165 TOTAL REVENUES 1,117,927 - (45,967) 1,071,960 EXPENDITURE Personal Services 239,575 11,005 250,580 Operating Expenses 350,686 33,000 (206,683) 177,003 Contribution to General Fund 21,523 - 21,523 Capital Outlay 425,000 (425,000) Contingency 81,143 (33,000) 574,711 622,854 TOTAL EXPENSES 1,117,927 - (45,967) 1,071,960 Excess of Revenues Over/(Under)Expenses - - - Page 6 of 6 General Ledger Budget Adjustment Summary Exhibit B City of Cape Canaveral 7 'ti,,,- • . 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 • NOVEMBER 16, 2021 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Discussion on funding of a relocation/assistance program for businesses located within the City Community Redevelopment Area (CRA). Department: Community and Economic Development Summary: At its October 19, 2021 Regular Meeting, the City Council received public input from the two tenants located at 7404 North Atlantic Avenue requesting assistance from the City to relocate their respective businesses during the 12-month period defined in the upcoming lease agreement. Council reached consensus that Staff bring an agenda item addressing this concern back to the Regular Council Meeting in November. To this end, Staff has reviewed possible funding sources to assist existing businesses with costs associated with relocation to/within the CRA, to include: • CRA — the City's CRA Plan includes specific language to fund strategies that promote economic development within the CRA. This can take the form of an Incentive Fund that directly assists businesses and will be reviewed by the CRA Board on a case -by -case basis. Note that the FY 2021/22 CRA Budget includes $25,000 for unspecified grant programs. • General Fund — the City's General Fund includes contingency funds that the Council may allocate as needed for various eligible purposes, such as a future tenant relocation program. Should the Council direct Staff to create a program to formalize a mechanism to provide relocation assistance to eligible businesses, funding of said program will need to be identified. Depending on the funding source for the program, a subsequent agenda item will be presented to the Council or CRA Board. Submitting Department Director: David Dickey Date: 11/9/21 Attachments: None Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/5/21 The City Manager recommends the City Council take the following action: Provide Staff direction on funding of a relocation/assistance program for businesses located within the City CRA. Approved by City Manager: Todd Morley Date: 11/9/21 DRAFT OATH OF OFFICE I, Wes Morrison, do solemnly swear that I will support, protect and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida; and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of Mayor of the City of Cape Canaveral. So help me God. ATTEST: Mia Goforth, CMC CITY CLERK Wes Morrison Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 16th day of November 2021 CERTIFICATE OF ELECTION STATE OF FLORIDA CITY OF CAPE CANAVERAL This is to Certify That: WES MORRISON having been duly elected to the Office of Mayor on the 2nd day of November, 2021 A.D., in and for the City of Cape Canaveral, in the County of Brevard, and State of Florida, to have and to hold said Office for a term of Three (3) Years, from the election in November 2021 to the election in November 2024, is hereby commissioned and invested with the authority to assume and perform all duties of said Office according to Law and the Ordinances of said City. F.S. 102.155 Certificate of election. — The supervisor shall give to any person the election of whom is certified by the county canvassing board a certificate of the person's election. The Department of State shall give to any person the election of whom is certified by the state canvassing board a certificate of the person's election. The certificate of election which is issued to any person shall be prima facie evidence of the election of such person. In Testimony Whereof this Certificate is signed by the Clerk of the City of Cape Canaveral, Florida, and the Corporate Seal thereof affixed this 16th day of November A.D., 2021. Mia Goforth, CMC — City Clerk DRAFT OATH OF OFFICE I, Don Willis, do solemnly swear that I will support, protect and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida; and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Mia Goforth, CMC CITY CLERK Don Willis Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 16th day of November 2021 CERTIFICATE OF ELECTION STATE OF FLORIDA CITY OF CAPE CANAVERAL This is to Certify That: DON WILLIS having been duly elected to the Office of City Council on the 2nd day of November, 2021 A.D., in and for the City of Cape Canaveral, in the County of Brevard, and State of Florida, to have and to hold said Office for a term of Two (2) Years, from the election in November 2021 to the election in November 2023, is hereby commissioned and invested with the authority to assume and perform all duties of said Office according to Law and the Ordinances of said City. F.S. 102.155 Certificate of election. — The supervisor shall give to any person the election of whom is certified by the county canvassing board a certificate of the person's election. The Department of State shall give to any person the election of whom is certified by the state canvassing board a certificate of the person's election. The certificate of election which is issued to any person shall be prima facie evidence of the election of such person. In Testimony Whereof this Certificate is signed by the Clerk of the City of Cape Canaveral, Florida, and the Corporate Seal thereof affixed this 16th day of November A.D., 2021. Mia Goforth, CMC — City Clerk DRAFT OATH OF OFFICE I, Kim Davis, do solemnly swear that I will support, protect and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida; and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Mia Goforth, CMC CITY CLERK Kim Davis Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 16th day of November 2021 CERTIFICATE OF ELECTION STATE OF FLORIDA CITY OF CAPE CANAVERAL This is to Certify That: KIM DAVIS having been duly elected to the Office of City Council on the 2nd day of November, 2021 A.D., in and for the City of Cape Canaveral, in the County of Brevard, and State of Florida, to have and to hold said Office for a term of One (1) Year, from the election in November 2021 to the election in November 2022, is hereby commissioned and invested with the authority to assume and perform all duties of said Office according to Law and the Ordinances of said City. F.S. 102.155 Certificate of election. — The supervisor shall give to any person the election of whom is certified by the county canvassing board a certificate of the person's election. The Department of State shall give to any person the election of whom is certified by the state canvassing board a certificate of the person's election. The certificate of election which is issued to any person shall be prima facie evidence of the election of such person. In Testimony Whereof this Certificate is signed by the Clerk of the City of Cape Canaveral, Florida, and the Corporate Seal thereof affixed this 16th day of November A.D., 2021. Mia Goforth, CMC — City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 16, 2021 AGENDA ITEM SUMMARY Subject: SELECTION OF MAYOR PRO TEM Department: City Clerk's Office Summary: Section 2.03(b) of the City Charter and Section 2-62 of the City Code (Attachment 1) detail the requirement, timing and purpose of City Council electing a Mayor Pro Tem (MPT). To provide historical context, a list of prior Mayors Pro Tem has been included as Attachment 2. Traditionally a Mayor Pro Tem presides over the Council in the Mayor's absence at City Council Meetings. Additionally, they may also be called upon to assist or stand-in for the Mayor in ceremonial activities of the City and/or attend functions hosted by other government agencies, local businesses and associations. The members of the City Council also serve as the members of the Community Redevelopment Agency (CRA) Board. The Mayor and Mayor Pro Tem serve as the Chair and Vice Chair of the CRA Board, respectively. Selection of the MPT by vocal nominations, motion and second for a nominee, some discussion and/or acceptance by the nominee and then a roll -call vote were common practice conducted by past City Councils. This year, Staff is suggesting an alternate, orderly method of nominating a Council Member (Member) for MPT, utilizing distributed nomination cards (Attachment 3). In this proposed method, at the appropriate point at the first City Council Meeting following the election: 1. Each Member, plus the Mayor, shall place a check on the enclosed nomination card, indicating their choice for MPT nomination. 2. All cards shall be handed to the City Attorney, who will then read -off the nominations. 3. a. If a Member receives three or more nominations, and accepts the nomination, said Member shall be the nominee. b. If one Member receives two nominations, with no other Member receiving two or more, and accepts the nomination, said Member shall be the nominee. c. If two Members each receive two nominations, and both accept nomination, a second round of nominations, limited to those two, will be conducted via cards. Whoever receives three nominations in the second round shall be the nominee. 4. Should a Member not accept the nomination, any nominations for them shall be considered void and the Member with the next highest, or equal, number of nominations shall be the nominee. If need be, the process may be redone, excluding said Member as a choice. 5. A roll -call vote shall be held for election of the nominee as MPT. It is now incumbent upon this City Council to decide upon this, or another, nomination process, utilize said process to nominate a Member and subsequently elect a MPT via roll -call vote. Submitting Department Director: Mia Goforth Date: 11/8/21 Attachments: 1. Excerpts from City Charter Section 2.03 and City Code Section 2-62 2. Mayor Pro Tem History 1962-Present 3. Proposed Mayor Pro Tem nomination cards Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/5/21 Attachment 1 Sec. 2.03 - Mayor. (a) Powers and duties.The mayor shall be a voting member of the city council and shall attend and preside at meetings of the city council, represent the city in intergovernmental relationships, present an annual state of the city message, and perform other duties specified by the city council. The mayor shall be recognized as head of the city government foall ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties. (b) Mayor pro tem.The city council shall annually elect from its membership a mayor pro tem, who shall act as the mayor in the mayor's absence. Sec. 2-62. - Presiding officer. The presiding officer of the council is the mayor. The council shall annually eler mayor pro tem at the first regular meeting after the day of the general city election and the mayor pro tem shall preside over the council in the absence of the mayor.The mayor shall assume the chair as presiding officer at the next regular meetingafter his or her election. The presiding officer shall preserve strict order and decorurat all meetings of the council. A majority vote of the members present shall goverand conclusively determine all questions of order if a parliamentary decision by the presiding officer is challenged. (Code 1981, § 271.07; Ord. No. 39-93, § 1, 10-19-93; Ord. No. 01-2011, § 2, 4-19-11) Attachment 2 City of Cape Canaveral - Mayor Pro Tern History ("President of Council" until June 1963) March 1962 George Rogers June 1962 George Rogers June 1963 Eugene Jandreau June 1964 Jack Hurck June 1965 Frances Jamieson December 1965 Frank Hoog (Frances Jamieson resigned from Council) June 1966 Martin Schrider December 1966 Frank Hoog (Martin Schrider resigned from Council) June 1967 Frank Hoog June 1968 Frank Hoog June 1969 Martin Schrider June 1970 Gasper Salvaggio June 1971 Gasper Salvaggio June 1972 Harrison Rhame June 1973 Ann Thurm June 1974 Ann Thurm June 1975 Harrison Rhame July 1976 Ann Thurm June 1977 Ann Thurm December 1977 Johnson Murphy (Ann Thurm appointed Mayor) July 1978 Johnson Murphy June 1979 Laverne Boyd March 1980 Referendum passed to change City election to November. November 1980 Joan Calvert December 1981 Wayne Rutherford November 1982 Joan Calvert November 1983 Joan Calvert November 1984 John Winchester November 1985 John Winchester April 1986 Leo Nicholas (John Winchester resigned from Council) November 1986 Leo Nicholas April 1987 Bob Hoog (Leo Nicholas resigned from Council) November 1987 Bob Hoog November 1988 Bob Hoog November 1989 Ann Thurm City of Cape Canaveral Mayor Pro Tem History Page 1 of 2 November 1990 John Porter November 1991 John Porter November 1992 John Porter November 1993 John Porter November 1994 Rocky Randels November 1995 Rocky Randels November 1996 Rocky Randels November 1997 Buzz Petsos November 1998 Buzz Petsos November 1999 Buzz Petsos November 2000 Buzz Petsos November 2001 Buzz Petsos November 2002 Buzz Petsos November 2003 Bob Hoog November 2004 Bob Hoog November 2005 Bob Hoog November 2006 Bob Hoog November 2007 Bob Hoog November 2008 Bob Hoog November 2009 Buzz Petsos November 2010 Bob Hoog November 2011 Betty Walsh November 2012 John Bond November 2013 Buzz Petsos November 2014 Bob Hoog November 2015 Betty Walsh November 2016 Brendan McMillin November 2017 Mike Brown November 2018 Mike Brown November 2019 Mike Brown November 2020 Angela Raymond City of Cape Canaveral Mayor Pro Tern History Page 2 of 2 Attachment 3 MAYOR WES MORRISON Vote once for Mayor Pro Tem nomination ❑Kim Davis ❑Mickie Kellum ❑Angela Raymond ❑Don Willis COUNCIL MEMBER KIM DAVIS Vote once for Mayor Pro Tem nomination ❑Kim Davis ❑Mickie Kellum ❑Angela Raymond ❑Don Willis COUNCIL MEMBER MICKIE KELLUM Vote once for Mayor Pro Tem nomination ❑Kim Davis ❑Mickie Kellum ❑Angela Raymond ❑Don Willis COUNCIL MEMBER ANGELA RAYMOND Vote once for Mayor Pro Tem nomination ❑Kim Davis ❑Mickie Kellum ❑Angela Raymond ❑Don Willis COUNCIL MEMBER DON WILLIS Vote once for Mayor Pro Tem nomination ❑Kim Davis ❑Mickie Kellum ❑Angela Raymond ❑Don Willis CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 16, 2021 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Approve the proposed 2022 City Council Regular and Budget Meeting Schedule. Department: City Clerk's Office Summary: A yearly Meeting Schedule assists everyone in planning activities necessary to complete the City's business. The proposed Meeting Schedule (Attachment 1) was created utilizing current practices. The two Budget Hearings in September are contingent upon State of Florida Truth in Millage (TRIM) requirements and budget hearing schedules of the Brevard County Board of County Commissioners and the Brevard County School Board. Additionally, the first Tuesdays of the other eleven months are reserved should it be determined that holding a meeting is necessary. Attachment 2 also includes entries for Daylight Savings Time, as Congress has not amended U.S. Code, authorizing Florida's 2018 year-round Daylight Savings Time legislation. The City's Community Redevelopment Agency (CRA) Board is a legally distinct and separate entity from the City Council. However, the CRA Board Meeting schedule, approved by the CRA Board at its September 21, 2021 Regular Meeting, coincides with dates on the proposed City Council Meeting Schedule. For this reason, CRA Board Meetings are listed. Submitting Department Director: Mia Goforth Date: 11/5/21 Attachments: 1 — Proposed 2022 City Council Regular and Budget Meeting Schedule 2 — City of Cape Canaveral 2022 Holidays and Other Notable Dates Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/5/21 The City Manager recommends the City Council take the following action: Approve the proposed 2022 City Council Regular and Budget Meeting Schedule. Approved by City Manager: Todd Morley Date: 11/5/21 Attachment 1 .p.CEAkt, s CITY OF kf m 7 CAPE CANAVERAL ,lFly _--A 2022 City Council Meeting Schedule GAPE CANAVERAL Agenda Cut-Off Agenda + Packet Council Meeting Posted/Distributed (*Dates reserved if a meetin E is necessa ) 01/04/2022* 01/05/2022 01/11/2022 01/18/2022 6:00 p.m. 02/01/2022* 02/02/2022 02/08/2022 02/15/2022 6:00 p.m. 03/07/2022* 03/02/2022 03/08/2022 03/15/2022 6:00 p.m. CRA Board Meeting 5:00 p.m. if needed 03/17/2022 03/23/2022 03/30/2022 10:00 a.m. Strategic Planning 04/05/2022* 04/06/2022 04/12/2022 04/19/2022 6:00 p.m. 05/03/2022* 05/04/2022 05/10/2022 05/17/2022 6:00 p.m. 06/07/2022* 06/08/2022 06/14/2022 06/21/2022 6:00 p.m. CRA Board Meeting 5:00 p.m. if needed 07/05/2022* 07/19/2022 6:00 p.m. 07/06/2022 07/12/2022 + Budget Workshop 5:00 p.m. 08/02/2022* 08/16/2022 6:00 p.m. 08/03/2022 08/09/2022 + Budget Workshop 5:00 p.m. if needed 08/24/2022 08/30/2022 09/06/2022 5:30 p.m. 1' Budget Hearing Budget Hearing contingent upon TRIM requirements + scheduled budget hearings of the Brevard County Commission and School Board. Florida Law prohibits budget hearings on the same day. 09/07/2022 09/13/2022 09/20/2022 6:00 p.m. + 2nd Budget Hearing CRA Board Meeting 5:00 p.m. Budget Hearing contingent upon TRIM requirements + scheduled budget hearings of the Brevard County Commission and School Board. Florida Law prohibits budget hearings on the same day. 10/04/2022* 10/05/2022 10/11/2022 10/18/2022 6:00 p.m. 11/01/2022* 11/02/2022 11/08/2022 11/15/2022 6:00 p.m. CRA Board Meeting 5:00 p.m. (tentative) 12/06/2022* 12/07/2022 12/13/2022 12/20/2022 6:00 p.m. Approved by Council: Attachment 2 ,g§,CE s ` CITY OF ` CAPE CANAVERAL . -f- 2022 Holidays + Other Notable Dates Friday New Year's Day (observed) City offices closed 12/31/2021 Monday Martin Luther King Jr. Day City offices closed 01/17/2022 Monday School Crossing Guard Appreciation Day 02/07/2022 Monday Presidents Day City offices closed 02/21/2022 Sunday-2 A.M. Begin Daylight Savings Set clocks forward + 03/13/2022 check smoke detectors Wednesday Administrative Professionals Day 04/27/2022 Begins National Public Works Week 05/15/2022 Monday Memorial Day City offices closed 05/31/2022 Begins Code Enforcement Officers Appreciation Week 06/06/2022 Monday Independence Day City offices closed 07/04/2022 Friday Park + Recreation Professionals Day 07/15/2022 Monday-Noon For more info, contact 08/08/2022 City Election Qualifying Period Begins the City Clerk's Office Friday-Noon For more info, contact 08/19/2022 City Election Qualifying Period Ends the City Clerk's Office Thursday Building + Code Staff Appreciation Day 09/01/2022 Monday Labor Day City offices closed 09/05/2022 Begins Finance + Accounting Appreciation Week 09/19/2022 Monday Human Resources Professionals Day 09/26/2022 Tuesday National Night Out (tentative) 10/04/2022 Monday 10/17/2022 Boss's Day Tuesday Election Day For more info, visit 11/08/2022 VoteBrevard.com Sunday-2 A.M. End Daylight Savings Set clocks back + 11/06/2022 check smoke detectors Friday Veterans Day City offices closed 11/11/2022 Thursday Thanksgiving Day City offices closed 11/24/2022 Friday Day after Thanksgiving City offices closed 11/2 5/2022 Friday Christmas Eve (observed) City offices closed 12/23/2022 Monday Christmas Day (observed) City offices closed 12/26/2022 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 16, 2021 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Approve Purchase and Installation of Water Reclamation Facility Lightning Protection System Upgrade by EMP Solutions, Inc. of Fishers, IN in the amount of $27,100. Department: Public Works Services Summary: In the summer of 2021, the City of Cape Canaveral Water Reclamation Facility (WRF) — which is responsible for the treatment of the City's wastewater— was severely damaged by lightning resulting in a loss of telecommunications and monitoring devices, pumps and the WRF's Supervisory Control and Data Acquisition operating system. Because of the resulting service interruption, staff was required to initiate 24-hour operations for several days to ensure WRF processes were not interrupted and a continuation of services was maintained. Subsequent to the replacement of all damaged equipment, the total lightning related insurance claim was $76,316. The City's WRF is one of its most critical infrastructure assets, and must be protected from all manner of natural phenomenon to avoid a loss of services that may negatively impact the health, wellbeing and safety of residents, business owners and staff; as well as the surrounding natural environment. Given its exposed location out along the Banana River Lagoon and abundance of tall conductive surfaces, the WRF remains vulnerable to additional lightning strikes. Due to its unique geography and atmospheric conditions, the State of Florida is considered the lightning capital of the United States (U.S.) according to the National Weather Service. Specifically, the corridor between Tampa Bay and Titusville receives the most lightning strikes in the U.S. each year, with an average of 56 strikes annually per square mile. Ninety percent of these lightning strikes occur between May and October, between noon and midnight. In order to increase the operational effectiveness of the WRF during all weather conditions, increase onsite safety for staff and enhance the overall resilience of its infrastructure, staff recommends the installation of a new Lightning Protection System (LPS) before Florida's thunderstorm season begins again in May 2022. Two new devices, CMCE-120 and CMCE-55 (Attachment 1), would be installed at the WRF via EMP Solutions; one atop the WRF's existing radio mast adjacent to the Public Works Services Administrative Building, and one atop the carbon feed tank shelter (Attachment 2). The CMCE devices would, together, create a protective sphere around the entirety of the WRF that would eliminate the possibility of direct lightning strikes within their given area of protection. The devices work to balance the ambient electrical field by constantly draining current from the field, both positive and negative, and reduce the potential difference that naturally builds up during a storm. This process works to eliminate any upward streamers (i.e. the charge trying to find its way up towards the cloud) and effectively camouflages or hides structures and objects from prospective lightning strikes seeking to make contact with the ground that are descending from clouds and attempting to make a connection. All CMCE devices include a 10-year warranty, all ground components include a 5-year warranty and both proposed CMCE installations come with a $500,000 no direct strike guarantee. City of Cape Canaveral City Council Meeting • November 16, 2021 Agenda Item # 8_ Page 2 of 2 EMP Solutions', Inc. Scope of Work (Attachment 2) puts forth two proposals. Staff is recommending the second proposal, which calls for the installation of two CMCE devices for maximum protection. The total cost: $27,100. Product and service references (Attachment 3) indicate that the CMCE devices effectively eliminate direct lightning strikes at similar facilities in Florida where they are appropriately placed. EMP Solutions, Inc. has also provided an extensive list of CMCE project examples (Attachment 4). Estimated time to completion, from project approval, is 30 days. Submitting Department Director: James Moore Date: 11/9/21 Attachments: 1: CMCE Product Catalog 2: EMP Solutions City of Cape Canaveral Quote/Scope of Work 3: Product References 4: EMP Solutions Project Examples 5: LPS Site Locations Financial Impact: $27,100 in device and installation costs to be performed by EMP Solutions, Inc. funded by the Wastewater Fund. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/5/21 The City Manager recommends the City Council take the following action: Approve Purchase and Installation of Water Reclamation Facility Lightning Protection System Upgrade by EMP Solutions, Inc. of Fishers, IN in the amount of $27,100. Approved by City Manager: Todd Morley Date: 11/9/21 Attachment 1 CMCE Lightning Suppressor www.preventlightning.com *gdinient 111 1 MODEL: CMCE-120 HEIGHT: WIDTH: WEIGHT: POWER: DURABILITY: EFFECTIVENESS: COVERAGE RADIUS: WARRANTY: 14.9 inches 9.5 inches 17.6 pounds No power required Water proof - Explosion proof Cold / Heat Resistant 100% in field and lab tests Up to 120 Meters (393 Feet)* 10 Years MODEL: CMCE- 5 5 HEIGHT: WIDTH: WEIGHT: POWER: DURABILITY: EFFECTIVENESS: COVERAGE RADIUS: WARRANTY: 8 inches 6 inches 5.2 pounds No power required Water proof - Explosion proof Cold / Heat Resistant 100% in field and lab tests Up to 55 Meters (180 Feet)* 10 Years ODEL: C HEIGHT: WIDTH: WEIGHT: POWER: DURABILITY: EFFECTIVENESS: COVERAGE RADIUS: WARRANTY: CE-25 6 inches 4 inches 2.1 pounds No power required Water proof - Explosion proof Cold / Heat Resistant 100% in field and lab tests Up to 25 Meters (83 Feet)* 10 Years * Coverage area depends on several factors including geographical location, type of structure, height, and other risk factors. HOW IT WORKS 1. Lightning is a two-step process. Both steps must occur for lightning to strike. 2. The energy in storm clouds build as it passes over the earth. Eventually the energy builds so much that it must discharge. This is known as `Potential Difference' as the Cloud's Potential exceeds the Earth's Potential. 3. When this happens, the cloud sends down negatively charged "Leaders". 4. At the same time, an opposite reaction occurs on earth and positively charged items send up "Upward Streamers". Positively charged items can be boats, homes, buildings, towers, pets and people. Virtually anything can emit Upward Streamers. 1. The CMCE devices work to balance the electrical field. 2. They constantly drain current from the field, both positive and negative, and reduce the Potential Difference is building during a storm. 3. This process eliminates the Upward Streamers and effectively camouflages or hides a protected structure from the Stepped Leaders that are descending from the clouds and attempting to connect to the ground. The Result is a Lightning Free Protected Zone where lightning cannot directly strike. With thousands of locations worldwide and no strike on any protected facility in over 15 years, the CMCE is the most effective way to eliminate lightning from striking your boat, home, business and more. — Negative charges + Positive charges Attachment 2 EM SOLUTIONS 10/14/2021 CITY OF CAPE CANAVERAL WATER RECLAIMATION FACILITY LIGHTNING PREVENTION PREPARED BY: JAY KOTHARI EMP SOLUTIONS, INC. 11650 LANTERN ROAD, SUITE 105, FISHERS, IN 46038 ■ -- —Cape Canaveral Public Works Department SITE MAP: White Circle — CMCE-120 mounted to taller tower near office building. Yellow Circle — Optional CMCE-55 mounted to the newer building to the south of the lab building. ALL areas within the circles will be protected from direct lightning strikes 10/14/2021 City of Cape Canaveral 1 Installation Method — TOWER: The CMCE-120 will be mounted to the tower using Valmont tower rated hardware to secure a 10' mast to the tower with the CMCE approximately 6' above the highest point on the tower. An independent down conductor consisting of 1/0 stranded copper will be run from the device to the base of the tower where a connection will be made to the existing ground. Additional grounding components will be added to reduce the resistance to less than 5 ohms. The tower is currently at 9.7 ohms. Installation Method — BUILDING: The optional device will be installed by either attaching a mast to the side of the building or by using a non -penetration roof mount and placing it on top of the building. A conductor will be used to connect the CMCE-55 to the buildings existing ground. Additional work — a jumper will be installed between the smaller tower and building ground to reduce the resistance from 25ohms to help balance overall potential of the facility. Other installation items (to be applied with both the single and double unit installs): 1. Ground tower guyed wires to main CMCE down conductor 2. Reduce guyed tower's impedance by adding additional ground rods to the tower loop 3. Run a jumper from second towers ground to the main building ground approximately 15' away. 4. Check all other grounds on site to insure they are within 10% of installed grounds potential 5. Check for perimeter fence grounding if applicable. 10/14/2021 City of Cape Canaveral 2 0240 co co 05.0 0 0 Y14 PRODUCT: Variable Electrical Field Compensator MATERIAL: ALUMINUM / POLYOXYMETHYLENE WEIGHT: 16.12 Ibs COMPENSATORS: 6 MODEL #: CMCE-120 Lightning Suppressor EMI (SOLUTIONS Drawing 01.14.2021 Manufacturer: SERTEC SRL Asuncion, Paraguay 10/14/2021 City of Cape Canaveral 3 Quote Option 1: Single Device on Tower without supporting device 1 x CMCE-120 - Installation and ground work - $14950.00 4700.00 Total: $19,650.00 Option 2: Single Device on Tower with supporting device on building 1 x CMCE-120 - 1 x CMCE-55 - Installation and ground work - $14950.00 6950.00 5200.00 Total: $27,100.00 All devices include a 10-year warranty All grounding components include a 5-year warranty. Both installations come with a $500K No Direct Strike Guarantee, see terms and conditions. 10/14/2021 City of Cape Canaveral 4 SHORT LIST OF REFERENCES 1. Island Water Association - Water Treatment Plant John Spurrier Maintenance Manager Island Water Association, Inc. johns@islandwater.com 239-472-1502x118 239-222-1741 Cell 2. Sarasota County - 911 and Communication Towers Bill Rhodes Technology Systems Manager Sarasota County Emergency Services Public Safety Communications 6050 Porter Way Sarasota, FL 34232-6221 Office: 941-861-5285 Cell: 941-400-2031 Email: brhodes@a,scgov.net 3. City of Temple Terrace — Whiteway Water Treatment Plant Nathan Hale Water Division Supervisor 813-506-6597 James Nevola Chief Water Plant Operator 813-506-6593 4. Kissimmee Utility Authority (KUA) — multiple power transmission and generation structures. Michael Wagner Dispatch and Compliance Manager (610) 714-9641 Cell (407) 933-9828 Office mwagner@kua.com 10/14/2021 City of Cape Canaveral 5 Attachment 3 Lake Nona US Tennis Association National Campus - Building and Court Protection Zachary, The system we use was developed and implemented by EMP Solutions ("https://www.preventlightning.com/"). The system was installed about 3 to 4 years ago and since then, we have not experienced a direct strike. That of course, does not mean that the solution works, as it could just be that we've been lucky. Nonetheless, we do consider it to be one of the solutions that we rely on when coupled with ThorGuard which is our lightning detection system. Regardless of whether it works or not, then one thing that we continue to deal with are storm induced surges that often damage outside equipment throughout our campus. So, if you are starting from scratch, I would consider installing a grounding solution to compliment these auxiliary systems. Hope this helps, - Carlos Lakomy, Director of Technology Development and Deployment Sarasota County - 911 and Communications Towers Good Afternoon Zach, We currently have 3 of our communications towers including a tower located at our county 911 center protected by EMP Solutions and their CMCE devices. Prior to installation we had experienced multiple lightning strikes at our facility. After installation we have had no lightning strikes. Our units have been installed for about 3 years. As with everything we were skeptical with the claims that it stops a lightning strike. Speaking from experience and results, the technology seems to work. We would recommend these units to protect from a lightning strike. As for EMP Solutions, they were great to work with. Very professional and accommodating to our needs. -Bill Rhodes, Technology Systems Manager, Sarasota County Emergency Services Kissimmee Utility Authority (KUA) - Power Transmission and Generation Structures Good Morning Zach, Absolutely. I will assist with any question you may have. Since installation, have you noticed a decrease in the amount of direct lightning strikes at your facility/facilities? KUA uses multiple levels of lightning protection to include arrestors, grounding grids, EMP Defense, Etc. Our EMP Defense installation strategy was to protect our critical assets (KUA Buildings, Substations and adjacent materials within the protection radius of the device). We completed installation earlier this year and to date we have not had a strike occur within the protection radius of the EMP Device. Our plan is to continue to monitor device effectiveness by reviewing adjacent strikes (outside the protection) to ensure that lightning has not penetrated the zone of protection. This work is on -going and we are going to try to review year over year strike data to derive effectiveness as well. Was your working experience with EMP Solutions satisfactory and efficient? Working with EMP Solutions was great. The team was very receptive and helpful for device installations and to assist in picking locations. Would you recommend the CMCE devices and EMP Solutions to others? I would recommend CMCE devices and EMP Solutions. Although we haven't fully tested and analyzed everything, the initial indications illustrate protection with the zone. From my understanding, the solution has worked very well in other applications. Any and all information you could provide in regards to this topic would be greatly appreciated. KUA did the installation in conjunction with a research grant with American Public Power Association. If you have any questions, or would like to discuss further.. please let me know. -Michael Wagner, Dispatch and Compliance Manager Attachment 4 EMP Solutions, Inc. PROJECT EXAMPLES fro#1' Iffi Ctil V I 1 www.preventlightning.com Background • EMP Solutions introduced this technology to North America in 2014 • Used extensively around the world but never introduced to the U.S. • Different from ESE, DAS or CTS systems. • Based on a 100 year old Nikola Tesla patent, N°1.266.175 • Guaranteed to stop direct lightning strikes on any structure on land or at sea • Properly installed and maintained devices have no reported failures www.preventlightning.com RESIDENTIAL ,401' rj‘16( 03, I www.preventlightning.com Ocean Front Home —West Palm Beach Summer Home —Greenwich, CT Water front home — Placida, FL 15,000 sf Home and support buildings— Placida, FL Beach front home —Boca Grande, FL Portofino South Condos —West Palm Beach Island Home Wisconsin Dells The Grand Castle —Grand Rapids, MI Sunset Harbour Condominiums —Miami Beach Mixed Use Buildings The Depot —Fishers, IN Riverhaus —Covington, KY 306 Riverfront - Kokomo, IN The Arbuckle — Brownsburg, IN Stonewater— Elkhart, IN Top of the Hill —Cleveland, OH The Grand Castle —Grand Rapids, MI SPORTS FACILITIES Great American Ballpark - Cincinnati USTA National Campus - Orlando LakePoint Sports Emerson, GA PARKS AND RECREATION A Gathering Place - Tulsa A Gathering Place - Tulsa Busch Gardens Deerfield Beach Fishing Pier NOAA / National Weather Service SCIENCE. SERVICE, STEWARDSHIP Installations at Sea CHIKYU SCiENTIFPC DEEP SEA fl ILUHO VESSEL CryrKTLI The Chikyu- $40M USD scientific research vessel With a 600' drill rig mounted on it. VIE The M5 - Largest single mast sailing vessel in the world valued at $60M USD Drifter- Technology packed sail boat built For the man who brought you `Margaritaville' www.preventlightning.com Attachment 5 View looking Southeast *Rendering not to scale. LPS Location PWS Admin. Building *Rendering not to scale. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 16, 2021 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Ordinance No. 43-2021; Amending Chapter 74 of the City Code regarding parking regulations on City owned or leased property; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: BCSO and Leisure Services Summary: Ordinance No. 43-2021 (attached) further clarifies the City's authority to regulate parking on property owned or leased by the City. It establishes that, whenever the City Manager determines that the orderly, efficient conduct of the City's business or public safety requires that parking or standing of vehicles on City owned or leased property be prohibited, limited or restricted, the City Manager shall have the power and authority to order signs to be erected or posted, and to install and have maintained parking space markings, indicating that the parking of vehicles is thus prohibited, limited or restricted. This Ordinance codifies Brevard County Sheriffs Office (BCSO) ability to enforce parking prohibitions, limitations or restrictions when a sign is present informing the public of such prohibitions, limitations or restrictions. Additionally, Ordinance No. 43-2021 provides a penalty mechanism for any person that violates the Ordinance. It adds a $30 penalty to the existing fee schedule under Section 74-57. Submitting Department Director: Gustavo Vergara Date: 11/8/21 Attachment: Ordinance No. 43-2021 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: 11/5/21 The City Manager recommends the City Council take the following action: Approve Ordinance No. 43-2021 on first reading. Approved by City Manager: Todd Morley Date: 11/8/21 1 ORDINANCE NO. 43-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING CHAPTER 74 OF THE CITY CODE 5 REGARDING PARKING REGULATIONS ON CITY OWNED OR LEASED 6 PROPERTY; 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 is authorized to adopt parking 12 regulations pursuant to Chapter 316, Florida Statutes; and 13 14 WHEREAS, the City owns and may lease real property within the jurisdictional limits of the 15 City of Cape Canaveral that is open to the public including, but not limited to, parks, City Hall, 16 community centers and other public facilities which contain parking spaces available for 17 employees and public; and 18 19 WHEREAS, the City Council hereby finds it is necessary to maintain and regulate the 20 parking spaces on City owned or leased property for their intended purposes and the public health 21 and safety; and 22 23 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 24 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 25 Cape Canaveral. 26 27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 28 ORDAINS, AS FOLLOWS: 29 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 30 this reference as legislative findings and the intent and purpose of the City Council of the City of 31 Cape Canaveral. 32 33 Section 2. Amending Chapter 74 of the City Code. The City of Cape Canaveral 34 Code of Ordinances, Chapter 74, is hereby amended as set forth below (underlined type indicates 35 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance 36 of said applicable Division that shall remain unchanged in the City Code): 37 38 39 CHAPTER 74 — TRAFFIC AND VEHICLES 40 41 42 *** City of Cape Canaveral Ordinance No. 43-2021 Page 1 of 4 1 ARTICLE III. - STOPPING, STANDING, PARKING 2 3 *** 4 5 Sec. 74-56.6 — Parking on City Owned or Leased Property. 6 7 jj Whenever the city manaaer shall determine that the orderly, efficient conduct of 8 the city's business or public safety requires that parkina or standina of vehicles on city owned or 9 leased property be prohibited, limited or restricted, the city manaaer shall have the power and 10 authority to order sians to be erected or posted, and to install and have maintained parkina space 11 markinas, indicatina that the oarkina of vehicles is thus prohibited, limited or restricted. 12 13 t The prohibitions, limitations or restrictions authorized by this section may include,. 14 but not be limited to, establishina desianated or prohibited oarkina spaces, establishina tow 15 zones, reauirina city issued decals affixed to a vehicle, limitina parkina to certain days and hours,. 16 limitina the size of vehicles, reauirina directional oarkina, establishina loading zones and 17 enforcina any ordinance, rule or reaulation adopted by the city council. 18 - - - - - 19 j When sians or parkina space markinas are in place, aivina notice of such 20 prohibition, limitation or restriction authorized hereunder, no person shall park or stand any 21 vehicle contrary to the directions or provisions of such sians or parkina space markinas. 22 23 Sec. 74-57. Penalties. 24 25 (a) [Violations.] Any person violating this article shall be punished in accordance with 26 the schedule as follows: 27 Violation I Penalty 28 29 (1) Parked in excess of authorized time 30.00 30 (2) Parked in no parking zone 30.00 31 (3) Parked in loading zone 30.00 32 (4) Parked in reserved zone without permit 30.00 33 (5) Parked irregularly (extending over boundary) 30.00 34 (6) Parked in handicapped space 100.00 35 (7) Parked double or obstructing traffic 30.00 36 (8) Parked on sidewalk 30.00 37 (9) Parked on ocean dunes 100.00 38 (10) Parked in fire lane 30.00 39 (11) Parkina city property in violation of sec. 74-56.6 30.00 40 (121-) Other 30.00 41 42 (b) Surcharge on parking fines. City of Cape Canaveral Ordinance No.43-2021 Page 2 of 4 1 2 (1) A surcharge in the amount of $10.00 is hereby imposed on all parking fines 3 imposed under this article for parking violations occurring within the city, for the sole purpose of 4 funding school crossing guard programs. 5 6 (2) The proceeds collected from this surcharge shall be placed in the "Cape Canaveral 7 School Crossing Guard Trust Fund," which is hereby established, and funds collected from this 8 surcharge shall be distributed quarterly to fund school crossing guard programs. The city may set 9 aside funds derived from this surcharge to pay for start-up costs and recurring administrative 10 costs related to printing new tickets or other means of implementing the school crossing guard 11 program. 12 *** 13 14 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 15 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 16 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 17 18 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 19 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 20 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 21 and like errors may be corrected and additions, alterations, and omissions, not affecting the 22 construction or meaning of this ordinance and the City Code may be freely made. 23 24 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 25 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 26 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 27 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 28 the validity of the remaining portions of this Ordinance. 29 30 Section 6. Effective Date. This Ordinance shall become effective immediately upon 31 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 32 Charter. 33 34 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 35 of , 2021. 36 37 38 39 40 [Signature Page Follows] 41 42 43 City of Cape Canaveral Ordinance No. 43-2021 Page 3 of 4 1 2 3 Wes Morrison, Mayor 4 5 ATTEST: For Against 6 7 Kim Davis 8 9 Mia Goforth, CMC Mickie Kellum 10 City Clerk 11 Wes Morrison 12 13 Angela Raymond 14 15 Don Willis 16 17 18 First Reading: November 16, 2021 19 Advertisement: 20 Second Reading: 21 22 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. 43-2021 Page 4of4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 16, 2021 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Appoint a Council Member as the 2022 Voting Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition. Department: City Clerk's Office Summary: The Space Coast Transportation Planning Organization (SCTPO) is a metropolitan planning organization established under § 339.175, F.S., to coordinate transportation planning and funding throughout Brevard County. The SCTPO Governing Board (Board) and various committees provide a forum for cooperative decision -making by officials of the affected governmental entities with input from citizens and constituency groups. The Board in its current form was created in 2005, with the City of Cape Canaveral joining with the City of Cocoa Beach in 2006 to share a Voting Delegate seat as the "North Beaches Coalition" (NBC). In 2013, the Cities of Cape Canaveral and Cocoa Beach extended their Voting Representation Interlocal Agreement (Agreement) with SCTPO, through the year 2022. (Attached) The City of Cocoa Beach has held the Voting Delegate seat for the years 2020 and 2021, with the City of Cape Canaveral holding the Alternate seat. Per the terms of this Agreement, the City of Cape Canaveral will hold the Voting Delegate seat for 2022. The Cities of Cape Canaveral and Cocoa Beach have the option of extending this Agreement prior to its termination on December 31, 2022 and at that time will be able to determine which year(s) each will hold the Voting Delegate seat for 2023 and beyond. Staff will shortly be reaching out to SCTPO to begin the process of extending the Agreement. Cocoa Beach Commissioner Skip Williams is the current NBC Voting Delegate and City of Cape Canaveral Council Member Mickie Kellum is the Alternate. It is now incumbent upon City Council to appoint a Council Member as the SCTPO NBC Voting Delegate for 2022. Submitting Department Director: Mia Goforth Date: 11/8/21 Attachment: Excerpt page from 2013 SCTPO Interlocal Agreement Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/5/21 The City Manager recommends the City Council take the following action: Appoint a Council Member as the 2022 Voting Delegate to the SCTPO Governing Board, representing the NBC. Approved by City Manager: Todd Morley Date: 11/5/21 WHEREAS, by its language, this Agreement will expire on December 31, 2022, but may be extended from time to time; WHEREAS, this Agreement was approved on January 3, 2013, by the Cocoa Beach City Commission; and WHEREAS, this Agreement was approved on February 19, 2013, by the Cape Canaveral City Council; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties that: 1. Recitals. Each and all of the recitals above be and the same are hereby incorporated herein and declared to be true and correct. 2. Appointment of Voting Delegate. The single voting delegate holding the North Beaches Coalition seat on the TPO and representing the collective interests of Cocoa Beach and Cape Canaveral is hereby designated by the governing body of each respective municipality according to the following schedule: Designating Party Cocoa Beach Cape Canaveral Calendar Years for Designation 2013, 2016 & 2017, 2020 & 2021 2014 & 2015, 2018 & 2019, 2022 In the event that any party to this Agreement fails to designate the actual elected official who serves as North Beaches Coalition delegate to the TPO at or prior to the commencement of the two- year term for that voting delegate set forth in the preceding table, the voting delegate designated for the immediate prior two- year term will continue as such voting delegate until such time as said delegate's successor has been designated. 3. Powers and Duties of Voting Delegate. (a) The. person designated as the voting delegate for the North Beaches Coalition seat on the TPO in accordance with the terms of the preceding paragraph of this agreement need not reside within the corporate limits of the designating Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12 3 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 16, 2021 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Discussion on the American Rescue Plan Act and review Proposed Projects to determine how best to use these Fiscal Recovery funds. Department: Administrative/Financial Services Summary: The City has received its first tranche of $2,621,969 of American Rescue Plan Act (ARPA) funds. The City will receive its second and final tranche of $2,621,969, not earlier than September 2022. The total Fiscal Recovery Funds allocation for the City is $5,243,938.00. The State of Florida, through the Division of Emergency Management, requires that use of ARPA Fiscal Recovery Funds may only be used to cover expenses incurred by local government by December 31, 2024, for the following: • To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; • To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the non -entitlement unit of local government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; • For the provision of government services to the extent of the reduction in revenue of such non -entitlement unit of local government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the non -entitlement unit of local government; • To make necessary investments in water, sewer, or broadband infrastructure. Staff has prepared a recommendation (attached) for an appropriate use of funds. It is important to note the Rescue Funds are not part of the City's current Budget, but will be reflected in future budgets. ( 4" Submitting Department Director: John DeLeo Date: 11/9/21 Attachments: ARPA Proposed Projects Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 11/5/21 The City Manager recommends the City Council take the following action: Review Proposed Projects to determine how best to use these Fiscal Recovery funds. Approved by City Manager: Todd Morley Date: 11/9/21 American Rescue Plan Act ARPA $5,243,938.00 2021 2022 2023 2024 First Tranche 9/1/2021 $ 2,621,969.00 Use of Funds Unspecified Qualified Community Needs 10% $ 262,196.90 $262,196.90 Wastewater&Stormwater $ 638,000.00 $ 7,422,500.00 $ 5,362,500.00 Public Health Public Sector Revenue Lost Negative Economic Impact Premium Pay Essential Workers (CCVFD) $ 16,000.00 Broadband Infrastructure $ 916,196.90 $ 7,684,696.90 $ 5,362,500.00 American Rescue Plan Act Unspecified Qualified Community Needs ARPA $5,243,938.00 Years 2022 2023 2024 Unspecified Qualified Community Needs 10% $524,393.80 $262,196.90 $262,196.90 May include small business assistance and aid to impacted industries. Note: Council may specify community needs at a future date. American Rescue Plan Act Wastewater-Stormwater ARPA $13,398,000 Years 2021 2022 2023 2024 Construction of Deep Well - $11 million Study $57,000 Design/Engineering $200,000 Construction $5,362,500 $5,362,500 Center Street Basin- $1.2 million Study $46,000 Design/Engineering $120,000 Construction $500,000 Central Ditch-$800.000 Study $90,000 Design/Engineering $100,000 Construction $610,000 Thurm Boulevard Stormwater System - $750.000 Study Design/Engineering $25,000 Construction $950,000 WW/SW Total All Projects $638,000 $7,422,500 $5,362,500 $13,423,000 American Rescue Plan Act Public Health ARPA Years 2021 2022 2023 2024 Premium Pay Essential Workers(CCVFD) $16,000 CCVFD provided COVID Vaccinations.