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HomeMy WebLinkAboutcocc_council_mtg_packet_20220315CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA March 15, 2022 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 For viewing/participating in the Meeting remotely via GoToWebinar: Register at: https://attendee.gotowebinar.com/register/4360307295537450252 Instructions for using GoToWebinar: www.cityofcapecanaveral.org/instructions CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS/INTERVIEWS 16:15 p.m. - 6:25 p.m. Presentation by Florida Department of Transportation (FDOT) regarding State Road (SR) A1A improvements. Interview Applicants for appointment to the Board of Adjustment. (Stephen Slaton and George Weber) CONSENT AGENDA 1 6:25 p.m. - 6:30 p.m. 1. Approve Minutes for February 15, 2022 Regular City Council Meeting. 2. Resolution No. 2022-03; adopting amendments to the Annual General Fund and Capital Construction Funds, to reconcile the fund balance in the 302 Capital Construction Fund which was previously used to manage/collect costs during the construction of the new Cape Canaveral Fire Station and the new City Hall for the budgets for the fiscal year beginning October 1, 2021, and ending September 30, 2022; providing for the repeal of prior inconsistent resolutions and an effective date. 3. Resolution No. 2022-04; appointing Members to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Stephen Slaton and George Weber) 4. Resolution No. 2022-05; reappointing an honorary Poet Laureate for the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Timothy Bass) City of Cape Canaveral, Florida City Council Regular Meeting • March 15, 2022 Agenda • Page 2 of 2 5. Approve the Interlocal Agreement with respect to voting representation on the Space Coast Transportation Planning Organization (SC -FPO) between the City of Cocoa Beach and the City of Cape Canaveral and authorize the Mayor to execute same. 6. Approve Proposal from Tetra Tech in the amount of $65,689 to complete a Canaveral Drainage Basin Stormwater System Study and authorize City Manager to execute same. 7. Approve the City of Cape Canaveral Community Center (COCCCC) Fees. PUBLIC HEARING 1 6:30 p.m. - 6:40 p.m. 8. Ordinance No. 02-2021; establishing an Election procedure under Chapter 26 of the City Code to be utilized to conduct Special Elections of the electors of the City to fill City Council vacancies that may occur in the future as a result of one or more Council Members filing a Notice of Resignation with a prospective effective date to run for a different office in accordance with Florida's Resign -to -Run Law in instances when there is an intervening general City election; providing that any such Special Election shall occur at the same time as the regularly scheduled intervening General Election in accordance with the City Charter and City Code; providing for conflicts, severability, incorporation into the Code, and an effective date, first reading. ITEMS FOR DISCUSSION 1 6:40 p.m. - 7:10 p.m. 9. Establishing a residency requirement for candidates seeking to qualify to run in City Council elections. 10. Short -Term Rentals policy and execution along with the City of Cape Canaveral Contract Administration for with the service provider Pro Champs. (Submitted by Mayor Morrison) 11. Discussion on Workshop prior to demolishing the building for the Promenade also known as the "Civic Hub." (Submitted by Mayor Morrison) INFORMATIONAL 1 7:10 p.m. - 7:15 p.m. Items are presented for informational purposes only and no action will be taken. 12. ProChamps Update 13. Monthly Financial Report — January 2022 REPORTS 17:15 p.m. - 7:20 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation by Florida Department of Transportation (FDOT) regarding State Road (SR) A1A improvements. Department: Community and Economic Development Summary: Beginning in 2014, the Council has approved a number of resolutions listing SR A1A improvement priorities that promote the safety, efficiency, innovation, design, connectivity, and aesthetics of the corridor. These improvements emphasize reducing speed limits to 35 m.p.h. and enhancing pedestrian and motorist safety. The list of priorities was initially prepared in response to FDOT's request that the City provide its top priorities as part of the State Road A1A Multimodal Improvement Corridor Planning and Engineering Analysis (Analysis). This Analysis served to inform the Action A1A Planning Study, the Space Coast Transportation Planning Organization's (SCTPO) Long Range Transportation Plan (LRTP), and List of Project Priorities (LOPP) which are used to schedule improvements along A1A in Brevard County. Locally, two projects have been funded by FDOT: Project Numbers 430202-5 — International Drive realignment (Modern Roundabout) (see Attachment 1); and, 430202-8 — improvements to Astronaut Boulevard (SR A1A) from Long Point Road to George King Boulevard (see Attachment 2). Only 430202-5 is funded for construction (FY 2026). Initially, the realignment project was proposed to include a realignment of International Drive and the construction of a signalized intersection. However, FDOT subsequently proposed the use of a Modern Roundabout in lieu of the signalized intersection, due to its ability to maximize safety and improve traffic flow. According to FDOT, the Modern Roundabout will drastically improve safety for drivers, bicyclists, and people walking through the intersection. In addition, it will calm traffic, keep traffic flowing smoothly, and ensure trucks have plenty of room. FDOT hosted a public workshop on October 5, 2021 to provide details on the proposed roundabout and to solicit feedback from attendees. During the week of February 14, 2022, the FDOT District Secretary and Staff met with City Council Members to provide additional background on the project and answer any questions. At the request of FDOT, a presentation on the proposed A1A improvements will be provided by Kittelson & Associates, Inc. Submitting Department Director: David Dickey : Date: 3/7/22 Attachments: 1 — Project Number 430202-5 Summary 2 — Project Number 430202-8 Summary Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/4/22 The City Manager recommends the City Council take the following actions: Receive presentation by FDOT regarding SR A1A improvements. Approved by City Manager: Todd Morley Date: 3/7/22 Attachment 1 FDOT PROJECT LIMITS S.R. A1A Improvements from south of International Drive to Long Point Road Brevard County Financial Project Identification (FPID) No.: 430202-5 Project Description The Florida Department of Transportation (FDOT) is proposing improvements on State Road (S.R.) A1A from south of International Drive to Long Point Road in Cape Canaveral. The project is part of a larger effort to reconstruct the corridor to provide safer travel options for pedestrians, bicyclists and drivers. This project proposes to enhance safety by realigning International Drive to connect to S.R. A1A at North Atlantic Avenue and construct a roundabout at the new intersection. Raised medians will be installed north and south of the new intersection. Improved sidewalk and new bicycle lanes are planned in addition to new crosswalks at the roundabout and new landscaping. The project is also evaluating the use of pedestrian activated lights at the roundabout to enhance safety for those crossing S.R. A1A. Other work taking place in this area involves similar safety improvements, construction of a raised median and bicycle track as part of project 430202-8. Please refer to that project handout for more detailed information. 528 PROJECT LOCATION COCOA 520 A1A COCOA BEACH CAPE CANAVERAL Project Status and Estimated Costs* Design: Right of Way: Construction: *subject to change Ongoing - completion summer 2022 Funded - summer 2022 Funded - late 2025 $ 1.2 Million $ 10.2 Million $ 6.1 Million e Proposed roadway 1 Median / Grassed Area Multiuse Trail / Sidewalk Pavement to be Removed Truck Apron Pavement Contact: Anthony Miller, P.E. FDOT Project Manager 386-943-5530 Anthony.Miller@dot.state.fl.us CFLRoads.com 09-07-2021 Attachment 2 FDOT S.R. A1A Corridor Improvements from Long Point Road to George King Boulevard Brevard County Financial Project Identification (FPID) No.: 430202-8 Project Description The Florida Department of Transportation (FDOT) is proposing improvements along State Road (S.R.) A1A from Long Point Road to George King Boulevard in Cape Canaveral to enhance safety for vehicles, pedestrians, and bicyclists. To achieve these goals, FDOT is considering reconstructing the project corridor. The proposed roadway configuration includes two travel lanes in each direction separated by a raised center median and introduces a new bicycle track separated from the travel lanes. The preferred concept also proposes pedestrian safety improvements such as upgraded sidewalk throughout the corridor, new and upgraded crosswalks, signalized mid -block pedestrian crossings, and upgraded pedestrian signals. This Complete Streets concept incorporates safe travel space for all users. Other improvements include upgrading traffic signals, adding landscaping to help encourage slower speeds, and drainage improvements. This project is in the very early design phase. Additional right of way will be needed. FDOT has been coordinating closely with city officials and the Space Coast Transportation Planning Organization on this project. An adjacent project (430202-5) proposes to realign International Drive to meet S.R. A1A at North Atlantic Avenue and construct a roundabout at the new intersection. Please see that project handout for more information. Project Status and Estimated Costs* Design: Ongoing —completion summer 2023 Right of Way: Unfunded Construction: Unfunded * subject to change $ 588,000 Project Location A1A Port Canaveral Cape Canaveral Banana Rliver 520 Project Location George King Blvd W. Central Blvd. Long Point Rd. International Dr. Atlantic Ave. Contact: Lori Trebitz, P.E. FDOT Project Manager 386-943-5538 Lori.Trebitz@dot.state.fl.us CFLRoads.com 09-02-2021 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Interview Applicants for appointment to the Board of Adjustment. (Stephen Slaton and George Weber) Department: Community and Economic Development Summary: The Board of Adjustment (BOA) is an advisory board to the City Council and consists of seven members. Currently, there are five vacancies. Mr. Slaton and Mr. Weber are residents of Cape Canaveral and meet the minimum qualification requirements for BOA membership. It is proposed that Mr. Slaton and Mr. Weber be appointed to fill two of the current vacancies. Should the Council approve their appointment, three vacancies will remain. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. However, due to the lack of quorum with the Board of Adjustment, a meeting cannot be held, thus the appointments are being presented directly to Council for consideration. Staff met with both applicants on February 8, 2022. Based on the Applicants' interest and willingness to volunteer, it is recommended that Council interview and appoint Mr. Slaton and Mr. Weber for appointment to the BOA. Submitting Department Director: David Dickey Date: 3/7/22 Attachments: 1. Board Application (Stephen Slaton) 2. Board Applicant (George Weber) 3. BOA Recommendation Memo Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo s Date: 3/4/22 The City Manager recommends the City Council take the following action: Interview Applicants. Approved by City Manager: Todd Morley Date: 3/7/22 8/23/21 01:18PM PDT STEPHEN S. SLATON, CPA — A —> City of Cape Canaveral 32186812 8 Pg 2/4 Attachment 1 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 — Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171. Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: STEPHEN S SLATON Home Address: 555 FILLMORE AVE, UNIT 608, CAPE CANAVERAL, FL 32920 Phone Number: 570-274-3699 Occupation: PA ATTORNEY AND CPA Business Phone: 570-274-3699 Business Address: Email: SLATONLAWCPA@HOTMAIL.COM ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? ■ Yes ❑ No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? ■ Yes ❑ No 3. Are you a Business owner? ❑ Yes ❑ No a. If yes, please list the name: 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes ■ No a. If yes, have your civil rights been restored? ❑ Yes ❑ No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes ■ No a. If yes, please list each: 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? ■ Yes ❑ No Initials: SSS 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes ■ No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 8/23/21 01:18PM PDT STEPHEN S. SLATON, CPA — A —> City of Cape Canaveral 32186812 8 Pg 3/4 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I believe my background as a lawyer and CPA is well suited to serve in this capacity. 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. 2 Board of Adjustment* b. 3 Business and Economic Development Board c. 4 Community Appearance Board d. 5 Culture and Leisure Services Board e. 1 Planning and Zoning Board* * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: None but I do serve on a bank ooard and the Windjammer Board. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Lawyer and CPA (both licenses in Pennsylvania) STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: ❑ African American ❑ Asian American ❑ Hispanic American ■ Caucasian ❑ Other Gender. ■ Male ❑ Female ❑ Other Disability: ❑ Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 8/23/21 01:18PM PDT STEPHEN S. SLATON, CPA — A —> City of Cape Canaveral 32186812 8 Pg 4/4 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: [Stephen S Slaton] Date: [8/23/2021] Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED AUG 24 2021 CCO DL Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 2 RECEIVED FEB 09 2022 By: K S 11:28 am City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 — Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171. Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: George J. Weber Home Address: 300 Colubmia Dr., #1406, CC, FL 32920 Phone Number: 4143052111 Occupation: Retired Business Phone: - Business Address: - Email: weber.george300@gmail.com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? ■ Yes ❑ No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? ■ Yes ❑ No 3. Are you a Business owner? ❑ Yes ■ No a. If yes, please list the name: N/A 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes ■ No a. If yes, have your civil rights been restored? ❑ Yes ❑ No ■ N/A 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes ■ No a. If yes, please list each: N/A 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? ■ Yes ❑ No Initials: GW 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes ■ No a. If yes, please provide name(s) of person(s) and relationship to you: N/A City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I have always enjoyed serving and being active in my community. I enjoying serving with my fellow citizens in an advisory capacity by assisting and maintaining and improving the quality of our city. 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. 1 Board of Adjustment* b. 3 Business and Economic Development Board c. 4 Community Appearance Board d. 5 Culture and Leisure Services Board e. 2 Planning and Zoning Board* * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: City of New Berlin, WI appointed to Parks, Buildings & Grounds Commission and the Fourth of July commission 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. I owned a Landscaping company with my spouse in WI for over 20 years. Professionally, I was an aerospace machinist. I focused on the who picture with emphasis on the details. Additionally, I was on a similar Board in WI. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: ❑ African American ❑ Asian American ❑ Hispanic American ■ Caucasian ❑ Other Gender. ■ Male ❑ Female ❑ Other Disability: ❑ Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: [George J Weber] Date: [02/09/2022] Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED FEB 09 2022 Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 3 Memo Community + Economic Development TO: Cape Canaveral City Council VIA: David Dickey, Communityand Economic Development Director D FROM: Brenda Defoe-Surprenant, Senior Planner BDS DATE: February 23, 2022 RE: Recommendation to the City Council — Board of Adjustment Applicant George Weber and Stephen Slaton On February 8, 2022, Community and Economic Development Staff met with George Weber and Stephen Slaton to fill vacancies on the Board of Adjustment. Due to the lack of a quorum with the Board of Adjustment, Messrs. Weber and Slaton are being recommended to the Council directly. Based on the interview and willingness to be an active participant in the City of Cape Canaveral, staff is recommended the vacancies be filled by Messrs. Weber and Slaton. Please let me know if you have any questions. Thank you. ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday February 15, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Willis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Cultural + Community Affairs Director Leisure Services Director Public Works Services Director Deputy City Clerk Deputy Community and Economic Dev. Director Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant PUBLIC PARTICIPATION: None. PRESENTATIONS/INTERVIEWS: Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Molly Thomas Gustavo Vergara James Moore Daniel LeFever Zachary Eichholz Byron Keck Brett Lockhart PUBLIC PARTICIPATION: None. PRESENTATIONS/INTERVIEWS: Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2021 — Presentation by Zach Chalifour, James Moore & Co.: Certified Public Accountant Zach Chalifour presented the Annual Report. City Council thanked Mr. Chalifour, the James Moore & Co. team and City Staff. Interview Applicants for appointment to the Culture and Leisure Services Board. (Betsy Ronk and Mary Mosquera): City Attorney Garganese confirmed information contained in Ms. Ronk's application to be true and correct. Ms. Ronk shared reasons for interest in serving on the Board. Council thanked Ms. Ronk. City Attorney Garganese confirmed information contained in with Ms. Mosquera's application to be true and correct. Ms. Mosquera shared reasons for interest in serving on the Board. Council thanked Ms. Mosquera. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 15, 2022 Minutes • Page 2 of 7 CONSENT AGENDA: Mayor Morrison removed Item 1. 1. Approve Minutes for January 18, 2022 Special and Regular City Council Meetings. 2. Resolution No. 2022-02; appointing Members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Betsy Ronk and Mary Mosquera) 3. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2021. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Consent Agenda Items 2 and 3. The motion carried 5-0. #1 Mayor Morrison explained the motion made during the City Council Special Meeting of January 18, 2022, Item 1, Discuss the status of the Civic Hub project/7404 N. Atlantic Avenue, should have included reference to Section 166.045 and AGO 90-53. A motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to amend the Minutes, "...to direct the City Attorney to provide a memo, before closing, in compliance with State Law, Section 166.045 and AGO 90-53". Discussion ensued and included reasons for the amendment such as the importance of specifying the State statute and Attorney General Opinion and capturing motions as closely as possible. The motion carried 5-0. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Agenda Item 1, January 18, 2022 Special Meeting Minutes, as amended and the Regular City Council Meeting Minutes. The motion carried 5-0. OLD BUSINESS (ITEMS FOR DISCUSSION): 4. Compensation for the City's elected officials. (Postponed at the December 21, 2021 and January 18, 2022 Regular Meetings): City Manager Morley explained the Item. Patrick Campbell, resident, expressed thanks for bringing the Item to Council, discussed support for action to be taken immediately to increase compensation of Council Members, and adjusting pay rates of certain lower paid Staff members. Discussion ensued and included pros and cons regarding increasing compensation for elected officials, the awkward topic for Council, strong support for increases to become effective after the longest term of the current sitting elected official expires which is the Mayor's term in 2025, tying the increase to the Consumer Price Index inflation rate calculation, knowing the value elected officials create for the community, desire for diversity on Council, and need for additional resources to help elected officials serve. A motion was made by Council Member Willis, seconded by Council Member Raymond, to accept a pay increase for the City's elected officials beginning Fiscal Year 2024/2025, based upon the current Consumer Price Index Inflation Rate at that date. Discussion ensued regarding whether an automatic adjustment should be made every year following and desire to not bind any future City Council to do so. City Manager Morley confirmed Council's direction for the increase effective beginning December 1, 2024 and to bring a draft ordinance back for first reading within sixty to ninety days. The motion carried 5-0. 5. Electric Vehicles on City Sidewalks (Submitted by Council Member Raymond) (Postponed at the January 18, 2022 Regular Meeting): Council Member Raymond explained the Item. Discussion ensued and included dangers regarding electric vehicles on sidewalks, challenges in forcing electric vehicles onto the street, golf carts, public safety concerns, and authority to make prohibitions with the exception of ADA (Americans with Disabilities Act) devices. City Attorney Garganese advised there is statutory authority for Council to regulate vehicles on sidewalks, City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 15, 2022 Minutes • Page 3 of 7 pointed to the need to gather more information from BCSO Commander Keck and Staff, in order to avoid unintended consequences, and policy decisions that Council would need to make. City Manager Morley recommended bringing this Item back to the meeting that includes the draft golf cart ordinance. Lieutenant Lockhart discussed the challenges of enforcement regarding dangerous electric vehicle operation and there being no specific speed limit on sidewalks for electric vehicles or otherwise. Discussion ensued regarding speaking with constituents and ideas for launching an educational campaign. Council reached consensus to continue the conversation. Teresa Camp, resident of Merritt Island, discussed a dangerous experience she had with two motorized vehicles while walking on the beach January 9, 2022. Mayor Morrison recommended making a non -emergency phone call to the Sheriffs Office in such instances. Mayor Morrison recessed the Meeting at 7:36 p.m., the Meeting was reconvened at 7:51 p.m. PUBLIC HEARINGS: City Attorney Garganese provided an overview for the following Ordinances. 6. Ordinance No. 23-2021; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located along the North and South Side of Oak Lane, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, second reading: City Attorney Garganese read both titles into the record and confirmed property owned by Don Haynes was removed as requested. Community and Economic Development Director Dickey advised Council regarding an additional request for removal of 126 Oak Lane, Bernard Lennon, owner. Discussion ensued and included properties being removed from the Ordinance will remain non -conforming, notification process and additional efforts by the City to inform residents of proposed actions on Oak Lane with a courtesy letter and personal visit by Mayor Pro Tem Kellum, procedure to make another amendment to the Ordinance and whether properties on Anchorage Lane and others that fall within the 500 foot radius should be given additional notices. Community and Economic Development Director Dickey reminded Council of the Noticing requirements and potential negative impacts of deviating from the process. City Manager Morley clarified how all properties were noticed in accordance with the Code and, as a result of Council's direction at the January City Council Meeting, residents of Oak Lane received additional notifications not required by Code. City Attorney Garganese advised effective dates for each Ordinance is 31 days after adoption unless challenged, Council may not make arbitrary amendments once approved, and property owners should attend public hearings if they desire to address Council. Discussion ensued and included the impacts of stopping the process now to allow others to respond, respecting Staff's efforts and the need to move forward. A motion was made by Council Member Raymond, seconded by Council Member Davis, to adopt Ordinance No. 23-2021, with removal of 126 Oak Lane, at second reading. The Public Hearing was opened. Don Haynes, resident and owner of 146 Oak Lane, thanked Council for granting the request to remain C-1 Commercial. Mark James, resident of 135 Oak Lane, discussed receiving the Notice, courtesy letter, and objection to allowing 126 Oak Lane to remain C1 Commercial. The Public Hearing was closed. The motion carried 5-0. Ordinance No. 24-2021; adopting a City -initiated rezoning of Several Parcels of Property located along the North and South Side of Oak Lane from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 15, 2022 Minutes • Page 4 of 7 effective date, second reading: The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 24-2021, with removal of 126 Oak Lane, at second reading. The motion carried 5-0. 7. Ordinance No. 13-2021; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property generally known as Ocean Gardens located on Ocean Garden Lane, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, second reading: City Attorney Garganese read both titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 13-2021, at second reading. The motion carried 5-0. Ordinance No. 14-2021; adopting a City -initiated rezoning of multiple parcels of real property generally known as Ocean Gardens located at Ocean Garden Lane from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are 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: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 14-2021, at second reading. The motion carried 5-0. 8. Ordinance No. 15-2021; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property generally known as Sea Spray Townhomes located on Anchorage Avenue, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, second reading: City Attorney Garganese read both titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Raymond, to adopt Ordinance No. 15-2021, at second reading. The motion carried 5-0. Ordinance No.16-2021; adopting a City -initiated rezoning of Several Parcels of Property Generally located on Anchorage Avenue and commonly referred to as the Sea Spray Townhomes from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are 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: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis to adopt Ordinance No. 16-2021, second reading. The motion carried 5-0. 9. Ordinance No. 17-2021; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located on Clara Elizabeth Lane and generally known as the Canaveral Woods Condominium, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 15, 2022 Minutes • Page 5 of 7 second reading: City Attorney Garganese read both titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 17- 2021, second reading. The motion carried 5-0. Ordinance No. 18-2021; adopting a City - initiated rezoning of Several Parcels of Property Generally located on Clara Elizabeth Lane and commonly referred to as the Canaveral Woods Condominium from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are 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: A motion was made by Council Member Raymond, seconded by Council Member Willis, to adopt Ordinance No. 18-2021, second reading. The motion carried 5-0. 10. Ordinance No. 19-2021; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located on Portside Avenue generally known as the Portside Villas Condominium, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, second reading: City Attorney Garganese read both titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 19-2021, second reading. The motion carried 5-0. Ordinance No. 20-2021; adopting a City -initiated rezoning of Several Parcels of Property Generally located on Portside Avenue and commonly referred to as the Portside Villas Condominium from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are 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: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to adopt Ordinance No. 20-2021, second reading. The motion carried 5-0. 11. Ordinance No. 21-2021; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located on Joe Place, Maria Court and Manny Lane and generally known as the Perlas Del Mar Condominium, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, second reading: City Attorney Garganese read both titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Raymond, seconded by Council Member Davis, to adopt Ordinance No. 21-2021, second reading. The motion carried 5-0. Ordinance No. 22- 2021; adopting a City -initiated rezoning of Several Parcels of Property located on Joe Place, Maria Court and Manny Lane and generally known as the Perlas Del Mar Condominiums from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are 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: A motion was made by Mayor Pro Tem City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 15, 2022 Minutes • Page 6 of 7 Kellum, seconded by Council Member Willis, to adopt Ordinance No. 22-2021, at second reading. The motion carried 5-0 12. Ordinance No. 42-2021; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of a Parcel of real property approximately 0.30 acres more or less with a Parcel ID of 24-37-14-28-*-A and an address of 8810 N. Atlantic Avenue, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Medium -Density Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, second reading: City Attorney Garganese read both titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Raymond, seconded by Council Member Willis, to adopt Ordinance No. 42-2021, second reading. The motion carried 5-0. Ordinance No. 41- 2021; adopting a City -initiated rezoning of a Parcel of real property approximately 0.30 acres more or less with a Parcel ID of 24-37-14-28-*-A and an address of 8810 N. Atlantic Avenue, and more particularly depicted and legally described on Exhibit "A" attached hereto from City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are 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: A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 41-2021, second reading. The motion carried 5-0. ITEMS FOR DISCUSSION: 13. City of Cape Canaveral Community Center (MGF) (Submitted by Council Member Willis): Council Member Willis explained the Item regarding ways to offset future Cape Canaveral user fees of the facility. Leisure Services Director Vergara discussed Staff research, current talks with third -party companies to include gym memberships with health insurance for residents, the Silver Sneakers Program, attracting participants to use the Community Center for free with reimbursement to the City, and the administrative process. Discussion ensued and included third - party sub -contractors representing insurance companies, how most residents will know if this is something their insurance company offers, how insurance companies will advertise the offer to clients, and how certain Leisure Services classes are not included in the membership. Council reached consensus to move forward with implementation of the plan program. 14. Electric Vehicle Charging Stations (Submitted by Council Member Willis): Council Member Willis explained the Item, complimented the previous Council and Staff on implementation of the plan and discussed why it is now time for the City to be removed from the responsibility of maintaining the program. Discussion ensued and included the expectation of a draft agreement between the City of Cape Canaveral and Rivian for Council to consider, charging units will pay for themselves and be installed at no cost to the City, the Rivian would own and operate, electric costs would be reimbursed to the City, any electric vehicle can use them, would be replacing the current Clipper Creek charging stations, plan to negotiate favorably with regard to the City fleet, keeping the current charge stations for the City fleet or another purpose, and agreement on a rate based on KWH. Andrea Shea -King, resident, inquired what the rationale was for handing out free electrical charges. City Manager Morley explained it was to encourage and support development at that time. Council reached consensus to support the proposed initiative. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 15, 2022 Minutes • Page 7 of 7 15. Sidewalk Needs and Assessment Plan and Evaluation Tool (Submitted by Council Member Willis): Council Member Willis explained the Item as an effort to have residents have complete streets. Discussion ensued and included how the Plan can be translated into GIS, this effort assesses the problem, quantifies costs and metrics, making it accessible to the public, another ancillary tool could include stormwater assessment, goal to have the data ready for the Strategic Planning Retreat in March, the Presidential Streets Plan being vastly different from this initiative and the need for the community to know the Council cares about the whole program not just the Presidential Streets Plan. Council reached consensus to support the proposed initiative. 16. Discussion regarding the City's off-street parking requirements as contained in Sec. 110 491 of the City Code. (Submitted by Council Member Kellum): Mayor Pro Tem Kellum discussed problems due to small parking spaces, lowering minimum parking space requirements, desire to bring more small businesses to the City and whether the City is losing small and medium-sized businesses due to the City Code. Discussion ensued and included photographs presented by Mayor Pro Tem Kellum of large parking lots, ensuring proper motorcycle and compact car parking, bicycle racks, desire for more people walking and biking, business owners renting out and sharing spaces with other business owners, the amount of work to accomplish the task of lowering parking requirements and comparisons to other municipalities such as the City of Punta Gorda. City Manager Morley explained the current Code for restaurants as one parking space for every three seats or barstools, the challenge to businesses of obtaining alcohol licenses and options such as a Shared Parking Easement. Council reached consensus for Staff to research and bring back options regarding off-street parking. INFORMATIONAL: Items presented for informational purposes only and no action was taken. 17. Monthly Financial Report — December 2021 18. ProChamps Update REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 10:01 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2022-03; adopting amendments to the Annual General Fund and Capital Construction Funds, to reconcile the fund balance in the 302 Capital Construction Fund which was previously used to manage/collect costs during the construction of the new Cape Canaveral Fire Station and the new City Hall for the budgets for the fiscal year beginning October 1, 2021, and ending September 30, 2022; providing for the repeal of prior inconsistent resolutions and an effective date. Department: Administrative and Financial Services Summary: Per Sec. 5.06, City Charter, any time or before the fiscal year, the city council may by resolution transfer in part or all of the unencumbered appropriation from one department, fund, service, strategy or organizational unit to the appropriation for other departments or organizational units or new appropriation. The purpose of this amendment has been recommended by James Moore and Associates. It is simply a "house cleaning" reconciliation of the fund balance in the 302 Capital Construction Fund (Attachment 2) which was previously used to manage/collect cost during the construction of the new Cape Canaveral Fire Station and the new City Hall. This amendment will allow Staff to transfer $853,452 from 001 (General Fund) to 302 (Capital Construction Fund) to clear the negative fund balance in the 302 Fund. This action consolidates the two funds. Submitting Department Director: John DeLeo Date: 3/2/22 Attachments: 1 - Resolution No. 2022-03. 2 - Trial Balance 302-Captial Construction Fund - dated 9/30/2021 Financial Impact: No additional impact to Fund Balance is experienced through the formal adoption of the Budget Adjustments and Amendments; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/1/22 The City Manager recommends the City Council take the following actions: Adopt Resolution No. 2022-03. Approved by City Manager: Todd Morley Date: 3/2/22 Attachment 1 RESOLUTION NO. 2022-03 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND AND CAPITAL CONSTRUCTION FUNDS, TO RECONCILE THE FUND BALANCE IN THE 302 CAPTIAL CONSTRUCTION FUND WHICH WAS PREVIOUSLY USED TO MANAGE/COLLECT COSTS DURING THE CONSTRUCTION OF THE NEW CAPE CANAVERAL FIRE STATION AND THE NEW CITY HALL FOR THE BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 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. The City Council hereby approves the amendments to the Annual General Fund and Capital Construction Funds for the fiscal year beginning October 1, 2021, and ending September 30, 2022, which are described in Attachment 2, which is attached hereto and fully incorporated herein by this reference. SECTION 2. All prior inconsistent resolutions adopted by the City Council are hereby repealed to the extent of the inconsistency. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of March, 2022. ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Wes Morrison, Mayor Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis FOR AGAINST Client: 202055-City of Cape Canaveral,Florida Engagement: 2021 Audit-City of Cape Canaveral,Florida Attachment 2 Period Ending: 9/30/2021 Trial Balance: TB-01-GASB Fund Trial Balance Workpaper: 302-Capital Construction Fund Fund Level: Fund Index: 302 Account Description UNADJ JE Ref# AJE JE Ref# RJE FINAL 1st PP-FINAL OBUDGET FBUDGET 9/30/2021 9/30/2021 9/30/2021 9/30/2021 9/30/2020 9/30/2021 9/30/2021 Group:[A-01] Cash and Cash Equiv Subgroup:[A-01-01] Pooled Cash Fund:302 Capital Construction 302-000-000-101101 CASH IN BANK-CHECKING (234,410.00) 232,106.00 0.00 (2,304.00) (2,305.00) 0.00 0.00 Subtotal Fund:302 Subgroup:[A-01-01]Pooled Cash (234,410.00) 232,106.00 0.00 (2,304.00) (2,305.00) 0.00 0.00 Subtotal All Funds Pr Subtotal[A-01-01]Pooled Cash (234,410.00) 232,106.00 0.00 (2,304.00) (2,305.00) 0.00 0.00 Subgroup:[A-01-99] Petty Cash Fund:302 Capital Construction 302-000-000-102400 CASH OVER/SHORT 2,304.00 0.00 0.00 2,304.00 2,305.00 0.00 0.00 Subtotal Fund:302 Subgroup:[A-01-99]Petty Cash 2,304.00 0.00 0.00 2,304.00 2,305.00 0.00 0.00 Subtotal All Funds Pr Subtotal[A-01-99]Petty Cash 2,304.00 0.00 0.00 2,304.00 2,305.00 0.00 0.00 All Funds Presented Group Total[A-01]Cash and Cash Eqi (232,106.00) 232,106.00 0.00 0.00 0.00 0.00 0.00 Group:[BB-01] Accounts Payable Subgroup:[BB-01-01 Unrestricted Fund:302 Capital Construction 302-000-000-202100 ACCOUNTS PAYABLE-AP (2,304.00) 0.00 0.00 (2,304.00) (2,304.00) 0.00 0.00 Subtotal Fund:302 Subgroup:[BB-01-01]Unrestricted (2,304.00) 0.00 0.00 (2,304.00) (2,304.00) 0.00 0.00 Subtotal All Funds Pr Subtotal[BB-01-01]Unrestricted (2,304.00) 0.00 0.00 (2,304.00) (2,304.00) 0.00 0.00 Subgroup:[BB-01-02 Payable from Restricted Fund:302 Capital Construction 302-000-000-206000 RETAINAGE PAYABLE (3,718.00) 0.00 0.00 (3,718.00) (8,952.00) 0.00 0.00 Subtotal Fund:302 Subgroup:[BB-01-02]Payable from R (3,718.00) 0.00 0.00 (3,718.00) (8,952.00) 0.00 0.00 Subtotal All Funds Pr Subtotal[BB-01-02]Payable from Res (3,718.00) 0.00 0.00 (3,718.00) (8,952.00) 0.00 0.00 All Funds Presented Group Total[BB-01]Accounts Payabh (6,022.00) 0.00 0.00 (6,022.00) (11,256.00) 0.00 0.00 Group:[RR-01] Due to/from Funds Subgroup:[RR-01-02 Due to Other Funds Fund:302 Capital Construction 302-000-000-207001 DUE TO GENERAL FUND (615,324.00) 615,324.00 0.00 0.00 (842,196.00) 0.00 0.00 Subtotal Fund:302 Subgroup:[RR-01-02]Due to Other Fi (615,324.00) 615,324.00 0.00 0.00 (842,196.00) 0.00 0.00 Subtotal All Funds Pr Subtotal[RR-01-02]Due to Other Fun( (615,324.00) 615,324.00 0.00 0.00 (842,196.00) 0.00 0.00 All Funds Presented Group Total[RR-01]Due to/from Fund (615,324.00) 615,324.00 0.00 0.00 (842,196.00) 0.00 0.00 Group:[RR-02] Advances Subgroup:[RR-02-02 Advances From Other Funds Fund:302 Capital Construction 302-000-000-208001 ADVANCE FROM GENERAL FUND 0.00 (847,430.00) 0.00 (847,430.00) 0.00 0.00 0.00 Subtotal Fund:302 Subgroup:[RR-02-02]Advances Fron 0.00 (847,430.00) 0.00 (847,430.00) 0.00 0.00 0.00 Subtotal All Funds Pr Subtotal[RR-02-02]Advances From 0 0.00 (847,430.00) 0.00 (847,430.00) 0.00 0.00 0.00 All Funds Presented Group Total[RR-02]Advances 0.00 (847,430.00) 0.00 (847,430.00) 0.00 0.00 0.00 Group:[SS-01] Fund Balance Subgroup:[SS-01-0'yFund Balance Fund:302 Capital Construction 302-000-000-271100 FUND BALANCE 853,452.00 0.00 0.00 853,452.00 853,452.00 0.00 0.00 Subtotal Fund:302 Subgroup:[SS-01-01]Fund Balance 853,452.00 0.00 0.00 853,452.00 853,452.00 0.00 0.00 Subtotal All Funds Pr Subtotal[SS-01-01]Fund Balance 853,452.00 0.00 0.00 853,452.00 853,452.00 0.00 0.00 All Funds Presented Group Total[SS-01]Fund Balance 853,452.00 0.00 0.00 853,452.00 853,452.00 0.00 0.00 NET(INCOME)LOSS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Sum of Account Groups 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Resolution No. 2022-04; appointing Members to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Stephen Slaton and George Weber) Department: City Clerk's Office Summary: On February 8, 2022, Community and Economic Development Staff met with Board applicants Stephen Slaton and George Weber regarding their interest in serving on the Board of Adjustment (BOA). The BOA currently does not have enough members to establish a quorum and therefore cannot officially interview nor recommend new Members for Council consideration. Mr. Slaton and Mr. Weber would be filling the remainder of two existing, unexpired terms that will end October 1, 2024. These existing, unexpired terms are rollover vacancies that have existed since October 1, 2018, due to two prior members having reached the two -consecutive term limit. Following the completion of their terms, Mr. Slaton and Mr. Weber shall be eligible for reappointment to the BOA, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon Council to appoint Members to the BOA. Submitting Department Director: Mia Goforth Date: 3/7/22 Attachment: Resolution No. 2022-04 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/4/22 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2022-04. Approved by City Manager: Todd Morley Date: 3/7/22 RESOLUTION NO. 2022-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 110-26 established a Board known as the Board of Adjustment; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint members to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to City Advisory Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals to Board of Adjustment: Stephen Slaton and George Weber shall be appointed to existing, unexpired terms, to serve until October 1, 2024. Following completion of this term, these appointee shall be eligible for reappointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 15th day of March, 2022. City of Cape Canaveral Resolution No. 2022-04 Page 1 of 2 [Signature page follows] ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2022-04 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Resolution No. 2022-05; reappointing an honorary Poet Laureate of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Timothy Bass) Department: Cultural + Community Affairs Summary: In April 2019, City Council appointed resident Timothy Bass to serve a three-year term as the City's first Poet Laureate. The duties of this appointment include making appearances at public events, mentoring local students in creative writing and developing educational outreach initiatives in cooperation with Cape View Elementary and/or the Cape Canaveral Public Library. Unfortunately, with the emergence of the COVID-19 Pandemic and the CDC's public safety recommendations just 11 months later, public events and all other in -person outreach initiatives were suspended, to include those associated with the Poet Laureate. With nearly two years of a three-year term spent on hiatus as a result of the persisting public health threat, this engaging and emergent community arts program has been denied a true opportunity to take root. After speaking with Mr. Bass to confirm his continued interest and availability to serve, it is Staff's recommendation to re -appoint our current Poet Laureate to a second three-year term, in an effort to firmly establish the City's Poet Laureate Program, before attempting to seek another applicant. The completion of the CAPE Center will allow for expanded engagement and outreach opportunities that will bring a broader awareness to the City's Poet Laureate Program and give it a solid foundation in the community. Moreover, we hope that in the coming year, the dangers posed by COVID-19 will subside and in -person community arts experiences will soon be safe for all. As written, the City's Poet Laureate Program allows an appointee to serve two consecutive terms. Considering the circumstances, reappointing the current appointee would be the most efficient course of action. It is now incumbent upon City Council to reappoint Timothy Bass to the honorary position of City Poet Laureate. Submitting Department Director: Molly Thomas Date: 3/7/22 Attachment: Resolution No. 2022-05 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/4/22 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2022-05. Approved by City Manager: Todd Morley Date: 3/7/22 RESOLUTION 2022-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING AN HONORARY POET LAUREATE OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, throughout history, poet laureates have been appointed by governments of all sizes; and WHEREAS, an increasing number of Poet Laureate programs have been successfully implemented in communities across the U.S., and WHEREAS, reinstituting a Poet Laureate Program in the City of Cape Canaveral embodies the City Vision by supporting and promoting culture and education within the community; and WHEREAS, the objectives of the Poet Laureate Program are to enhance the presence of literary arts in Cape Canaveral, encourage the reading and writing of poetry, raise awareness of poetry and the spoken word, provide a forum for arts collaboration, promote the City's Visioning and cultural identity and use poetry to bridge cultural and generational divides; and WHEREAS, the City of Cape Canaveral requests the 2022-2025 appointment term scheduled to begin on April 1, 2022, coinciding with the start of National Poetry Month; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment. The position of Poet Laureate of the City of Cape Canaveral is honorary and awarded to a person who has established a presence in the world of poetry, demonstrated a commitment to and passion for poetry and embraces the opportunity to engage the community through poetry and the Poet Laureate is not a political appointment, nor is it a paid position: Timothy Bass shall be reappointed the honorary position of Poet Laureate of the City of Cape Canaveral, to serve one (1) three-year term, beginning April 1, 2022 and ending March 31, 2025. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveral Resolution No. 2022-05 Page 1 of 2 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective April 1, 2022. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 15th day of March, 2022. ATTEST: Mia Goforth, CMC City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2022-05 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve the Interlocal Agreement with respect to voting representation on the Space Coast Transportation Planning Organization (SCTPO) between the City of Cocoa Beach and the City of Cape Canaveral and authorize the Mayor to execute same. Department: City Clerk's Office Summary: The SCTPO (fka Brevard County Metropolitan Planning Organization) is an organization established under Section 339.175, Florida Statutes, to coordinate transportation planning and finance throughout Brevard County. In 2006, the City of Cape Canaveral and the City of Cocoa Beach entered into an Interlocal Agreement to form the "North Beaches Coalition", which allows the sharing of a voting delegate seat to the SCTPO Governing Board. In 2012, Cocoa Beach and Cape Canaveral adopted a new Interlocal Agreement, continuing the North Beaches Coalition to share the voting delegate seat, which also provided for a shared voting delegate seat on the SCTPO's Citizens' Advisory Committee, the sharing method of which mirrors the Governing Board voting delegate. The 2012 Interlocal terminates December 31, 2022. SCTPO General Counsel Paul R. Gougelman, III has prepared the attached Interlocal Agreement to continue the North Beaches Coalition between Cocoa Beach and Cape Canaveral through the year 2032, which will be effective upon execution by both Cities and recordation with the Brevard County Clerk of Courts. Sharing of the delegate seat is detailed in the following excerpt from the proposed Agreement: 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 Calendar Years for Designation Cocoa Beach 2024, 2025, 2028, 2029, & 2032 Cape Canaveral 2022, 2023, 2026, 2027, 2030 & 2031 As a matter of information, "North Beaches Coalition" Voting Delegate for 2022 is Cape Canaveral Council Member Don Willis and the Alternate is Cocoa Beach Vice -Mayor Skip Williams. The City of Cocoa Beach approved the Interlocal Agreement at its March 3, 2022 Commission Meeting. Submitting Department Director: Mia Goforth Date: 2/28/22 Attachment: Interlocal Agreement Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 2/25/22 The City Manager recommends the City Council take the following action: Approve the Interlocal Agreement and authorize the Mayor to execute same. Approved by City Manager: Todd Morley Date: 2/28/22 THIS INSTRUMENT RETURN TO: Loredana Kalaghchy, CMC, City Clerk City of Cocoa Beach City Hall - First Floor 2 S. Orlando Ave. Cocoa Beach, FL 32932 THIS INSTRUMENT PREPARED BY: Paul R. Gougelman, III, General Counsel Space Coast Transportation Planning Organization Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd. — 19th Floor Ft. Lauderdale, FL 33301 INTERLOCAL AGREEMENT WITH RESPECT TO VOTING REPRESENTATION ON SPACE COAST TRANSPORTATION PLANNING ORGANIZATION THIS AGREEMENT is made and entered into as of the day of 202_, by and between the CITY OF COCOA BEACH, Florida, a Florida Municipal Corporation (herein: "Cocoa Beach"), and the CITY OF CAPE CANAVERAL, Florida, a Florida Municipal Corporation (herein: "Cape Canaveral"). WITNESSETH: WHEREAS, the Space Coast Transportation Planning Organization, f/k/a the Brevard County Metropolitan Planning Organization (herein: the "TPO") is a metropolitan planning organization established under Section 339.175, Florida Statutes, to coordinate transportation planning and finance throughout Brevard County; WHEREAS, during the 1990s and the first decade in the 21st Century, Cocoa Beach was accorded a single voting delegate seat on the TPO Governing Board; WHEREAS, Cocoa Beach and Cape Canaveral have previously agreed to provide a methodology by which the two municipalities may share the aforesaid single voting delegate seat on the TPO Governing Board; WHEREAS, the first such Interlocal Agreement to share a voting delegate seat was recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public Records of Brevard County, Florida; WHEREAS, the second such Interlocal Agreement to share a voting delegate seat was recorded on March 7, 2013, in Official Records Book 6819, Page 912, Public Records of Brevard County, Florida; Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 1 WHEREAS, it is the desire of Cocoa Beach and Cape Canaveral to continue such previous arrangement to provide a methodology by which the two municipalities may share the aforesaid single voting delegate seat on the TPO Governing Board; WHEREAS, the authority to undertake sharing of a delegate seat on the TPO Governing Board is provided in Section 339.175(3)(a), Florida Statutes (2021), which states in pertinent part: (a) The voting membership of an M.P.O. shall consist of at least 5 but not more than 25 apportioned members, with the exact number determined on an equitable geographic -population ratio basis, based on an agreement among the affected units of general- purpose local government and the Governor, as required by federal regulations. In accordance with 23 U.S.C. s. 134, the Governor may also allow M.P.O. members who represent municipalities to alternate with representatives from other municipalities within the metropolitan planning area which do not have members on the M.P.O. ... Voting members shall be elected officials of general- purpose local governments, one of whom may represent a group of general-purpose local governments through an entity created by an M.P.O. for that purpose WHEREAS, the Governor has authorized the sharing of a representative on the Space Coast TPO pursuant to a letter dated , 20_, executed through the Florida Department of Transportation; WHEREAS, the undersigned parties for the purposes of this Agreement, and for the purpose of reference by the TPO, have designated the arrangement provided for herein to be informally and colloquially referred to as the "North Beaches Coalition"; WHEREAS, this Agreement is entered as an interlocal agreement pursuant to Section 163.01, Florida Statutes (2021), and is also entered into pursuant to the home rule power of each of the municipalities as provided in Section 166.021, Florida Statutes, and Article VIII, Section 2, Florida Constitution of 1968; WHEREAS, pursuant to this Agreement, the parties have provided for an arrangement by which the voting delegate on the TPO Governing Board will be rotated between Cocoa Beach and Cape Canaveral on a scheduled basis; WHEREAS, the parties have further agreed to establish an organized method to provide joint instructions to their single voting delegate to the TPO; Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 2 WHEREAS, by its language, this Agreement will expire on December 31, 2032, but may be extended from time to time; WHEREAS, this Agreement was approved on , 2022, by the Cocoa Beach City Commission; and WHEREAS, this Agreement was approved on , 2022, 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 ("WHEREAS clauses") 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 2024, 2025, 2028, 2029, & 2032 2022, 2023, 2026, 2027, 2030 & 2031 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 municipality, but must be an elected official of either Cape Canaveral or Cocoa Beach. (b) The party municipality that is a party to this Agreement who has the power to designate a voting representative during any two -calendar year period also may designate an alternate voting representative. The person designated as the alternate voting Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 3 delegate for the North Beaches Coalition seat on the TPO in accordance with the terms of this Agreement need not reside within the corporate limits of the designating municipality, but must be an elected official of either Cape Canaveral or Cocoa Beach. (c) During each two-year term set forth in herein, the voting delegate and the alternate voting delegate will serve at the pleasure of the designating municipality, which municipality has the power to rescind any such designation and to name any other elected official of one of the two municipalities as the voting delegate or alternate voting delegate for the North Beaches Coalition. 4. TAC and CAC Members. In the event that the TPO seats only one Technical Advisory Committee ("TAC") member or one Citizens Advisory Committee ("CAC") member to represent both Cocoa Beach and Cape Canaveral, the party to this Agreement designating the TPO voting delegate will also have the authority to designate the sole TAC or CAC member(s) to represent the parties to this Agreement. In the event that the TPO will permit a TAC or a CAC member to represent each municipality, the governing body of each municipality will appoint the TAC and CAC member to represent that particular individual municipality. To the extent permitted by law and pursuant to Section 339.175(6), Florida Statutes, TAC and CAC members will serve at the pleasure of the appointing authority. 5. Expiration. This Agreement will expire on December 31, 2032; provided, that the respective governing bodies of Cape Canaveral and Cocoa Beach may agree from time to time to extend, amend, or terminate this Agreement by written instrument. No such written instrument will be effective until the amendatory instrument is: approved by the governing bodies of each of the two municipalities, executed by appropriate officials of each governing body, and recorded with the Brevard County Clerk of the Court as provided in Section 163.01(11), Florida Statutes (2021). Upon recordation in the Public Records of Brevard County, Florida, a recorded copy must promptly be furnished to the Executive Director of the TPO by either Cocoa Beach or Cape Canaveral. 6. Agreement Termination. The Interlocal Agreement to share a voting delegate seat recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public Records of Brevard County, Florida, is hereby declared to be terminated. The Interlocal Agreement to share a voting delegate seat recorded on March 7, 2013, in Official Records Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 4 Book 6819, Page 912, Public Records of Brevard County, Florida, shall terminate according to its terms. This Agreement shall terminate if at any time during the term hereof, both Cocoa Beach and Cape Canaveral shall be accorded no voting representative on the Space Coast TPO Governing Board pursuant to Florida Statutes. 7. Interpretation. This Agreement and the terms herein were negotiated jointly by Cocoa Beach and Cape Canaveral, and the two municipalities had the full choice of wording thereof. Consequently, no term, provision, or section hereof will be more harshly construed against either party hereto as the drafter of this Agreement. 8. Effective Date. This Agreement will become effective upon recordation in the Public Records of Brevard County, Florida, as maintained by the Brevard County Clerk of Court pursuant to Section 163.01(11), Florida Statutes (2021). IN WITNESS WHEREOF, the City of Cape Canaveral, Florida, and the City of Cocoa Beach, Florida, caused this agreement to be adopted the day and year set forth below. ATTEST: Loredana Kalaghchy, CMC, its City Clerk ATTEST: CITY OF COCOA BEACH, FLORIDA, a Florida Municipal Corporation By: , its Dated: , 202_ (CITY SEAL) CITY OF CAPE CANVERAL, FLORIDA, a Florida Municipal Corporation By: , its Dated: , 202_ (CITY SEAL) Mia Goforth, CMC, its City Clerk Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 5 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Approve Proposal from Tetra Tech in the amount of $65,689 to complete a Canaveral Drainage Basin Stormwater System Study and authorize City Manager to execute same. Department: Capital Projects Summary: The Canaveral Drainage Basin is the largest drainage basin in the City (527 acres), includes the Central Ditch (the primary stormwater feature in the northern portion of the City) and drains the area approximately delineated as follows: • Port Canaveral to the north; • Atlantic Ocean to the east; • Caroline Street/Long Point Road to the south; and • Banana River to the west. A map showing the Canaveral Drainage Basin is included as Attachment #1. The Canaveral Drainage Basin has experienced significant flooding in the past, which resulted in damage to private properties, including the apartment buildings at the western end of Anchorage Avenue. The stormwater system in this drainage basin was constructed in the 1960s and consists of various sizes of concrete reinforced pipe and over 100 inlets. Many of these pipes discharge stormwater directly to the Central Ditch at the outfall located along West Central Boulevard. Only a few additions or improvements to the stormwater infrastructure have been made over the past 60 years. Investigative Activities. As a result of historical flooding in the drainage basin, several activities have been performed to further investigate and/or improve drainage conditions including: • Conducted a muck thickness investigation in the Central Ditch from Port Canaveral to SR A1A; • Performed monitoring of inlets during heavy storm events; • Inspected drainage system pipes and baffle boxes for blockages; • Replaced aging stormwater pipes in Harbor Heights; • Trimmed mangroves in the ditch channel; • Removed sediment in the ditch channel immediately south of West Central Boulevard; • Culverted over 400 feet of the ditch north of West Central Boulevard; • Installed three baffle boxes in the ditch at West Central Boulevard; • Converted the baffle box along West Central Boulevard to a second generation box; and • Dredged the ditch channel of organic muck and debris. Staff recommends the completion of a comprehensive study of the stormwater system in the Canaveral Drainage Basin with an emphasis on the area east of the Central Ditch. Completion of the study will assist in the development of a plan to permanently fix flooding issues in the drainage basin, especially in the Central Ditch area. The proposed stormwater study will include the following tasks: (1) collection of infrastructure data, (2) preparation of hydrologic and hydraulic models of the existing Canaveral Drainage Basin, (3) development of conceptual designs for stormwater City of Cape Canaveral City Council Meeting • March 15, 2022 Agenda Item # 6 Page 2 of 2 improvements and (4) preparation of draft and final reports. This study is similar in scope to the recent investigation of the Center Street Drainage Basin conducted by Mead and Hunt. Selected Firm: After review of engineering firm qualifications for similar -type projects completed in other municipalities, Staff selected Tetra Tech of Orlando, Florida to perform the recommended stormwater study. Tetra Tech is one of the engineering firms selected by the City for Continuing Professional Engineering/Surveying, Planning, Consulting and Architectural Services through the Consultants' Competitive Negotiation Act (CCNA). A Master Services Agreement for these services was signed in July 2018 between the City and Tetra Tech. The proposed scope of work and costs for completion of the Canaveral Drainage Basin Stormwater System Study are included as Attachment #2. Although a budgeted project, funding from the American Rescue Plan Act (ARPA) is appropriate for this type of stormwater investigation. Submitting Department Director: Jeff Ratliff Date: 3/7/22 Attachments: #1 - Canaveral Drainage Basin #2 - Canaveral Basin Stormwater System Study Proposal Financial Impact: $65,689 to Tetra Tech to complete a Canaveral Drainage Basin Stormwater System Study funded by the Stormwater Fund and/or the ARPA funding. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/4/22 The City Manager recommends the City Council take the following action: Approve Proposal from Tetra Tech in the amount of $65,689 to complete a Canaveral Drainage Basin Stormwater System Study and authorize City Manager to execute same. Approved by City Manager: Todd Morley Date: 3/7/22 Attachment #1 - Canaveral Drainage Basin Central Ditch Banana River Manatee Sanctuary Park Long Point Atlantic Ocean Attachment #2 CITY OF CAPE CANAVERAL CENTRAL DITCH FLOOD MANAGEMENT IMPROVEMENTS SCOPE OF SERVICES I. PROJECT DESCRIPTION The City of Cape Canaveral (hereafter referred to as City) has an ongoing flooding problem in the Central Ditch which is a tidally influenced primary flow -way in the northwest side of the City. It outfalls into the Banana River Lagoon (BRL) with a drainage area of approximately 450 acres. The section of the canal subject to overbank flooding starts approximately 500 feet north of West Central Blvd and continues north for about 1,700 feet. The flooding impacts the adjacent residential areas which have some lots experiencing flooding above finish floor elevations. This proposal is for professional surveying and engineering services to analyze and make recommendations to help reduce flooding in the Central Ditch north of Central Boulevard. The scope includes limited field surveying, miscellaneous data gathering, hydrologic and hydraulic modeling, an alternatives analysis, and recommendations. The results of this study will provide the City with the tools necessary to move forward with engineering design, permitting and construction of improvements to improve the flood condition in this area. The professional services under this agreement will be provided by Tetra Tech, Inc. (hereafter referred to as ENGINEER) in accordance with the continuing engineering services agreement with the City with the title Agreement for Engineering/Surveying Services dated July 17, 2021. Below is ENGINEER's proposed detailed scope of services. SCOPE OF SERVICES The services include the following: • Limited Field surveying • Hydrologic analysis • Hydraulic modeling • Meetings with City Staff • Alternatives Analysis • Technical Memorandum This scope will be completed with the following assumptions: Work Authorization — Central Ditch Flood Management Improvement Page 1 of 6 Tetra Tech 021822 • Surveying services are limited to cross sections along the Central Ditch. The City provided a pdf of asbuilt construction drawings for the stormwater pipe in the upper reaches of the basin east of US 1 and along Central Boulevard west of US 1. • The City's existing one -foot LiDar data will be used as the topographic data for the upper regions of the drainage basin for flow paths and the DEM (digital elevation model) required for the 2D ICPR 4.0 model. • The H&H model will be based on boundary conditions using the best available information for this that may be available including such sources as USGS stage gauges, City stage (elevation) data, flooding records that may be available from homes that may have flooded above FFE's. We anticipate that calibration of the H&H model will be conducted during the future final -engineering phase of this project. • The City will provide ENGINEER with existing geotechnical data they have obtained in the ditch. • The City will provide copies of any other asbuilt construction drawings they may have for infrastructure located within the limits of the drainage basin. ENGINEER is aware of the presence of existing triple 48-inch pipes just north of Central Blvd and the gravity sewer line along the east bank of the Central Ditch. The following is a detailed summary of the services to be provided: A. KICK OFF MEETING ENGINEER will prepare for and attend a kick-off meeting with City staff prior to the initiation of services on this project. Meeting minutes will be prepared and distributed to all attendees within one week following the meeting. B. DATA GATHERING Data collection includes existing topographic information that may be available from the City; as -built drawings and surveys of the existing conveyance system that discharges into the Central Ditch; existing geotechnical reports; field notes and work orders of flooding impacts to any of the residential areas along the banks of the Central Ditch; water quality data; existing studies, permits, and other related data that may be available from the City. C. FIELD RECONNAISSANCE ENGINEER will perform preliminary field reconnaissance within watershed areas to assess the flow patterns from the drainage basin. The information gathered during this task will be vital to setting up the 2D ICPR Hydrologic and Hydraulic model (H&H). We will refine Work Authorization — Central Ditch Flood Management Improvement Page 2 of 6 Tetra Tech 021822 the sub -basins within the 450 acre basin to establish how the inflows are distributed along the Central Ditch. D. SURVEYING This task includes a field survey to obtain cross sections in the Central Ditch north and south of Central Boulevard. a. The survey data will be presented on aerials. b. Illustrate the boundary of the existing drainage/utility easement from plat information obtained from the County. c. Vertical control data will be based on the North American Vertical Datum 1988. Benchmarks will be provided in the project site as needed for the various areas provided above. d. Horizontal control data shall be relative to the Florida State Plane Coordinate System, North American Datum of 1983/1990 adjustment. We will set horizontal control points at the project site as needed for the provided above. The control points will consist of iron rebar/nail disks with caps. e. Survey work will comply with the "Minimum Technical Standards" established by the State of Florida. E. MEETINGS 1. Kick off meeting with City staff (Task I.A. above). 2. Onsite meeting with City staff has already been conducted to observe the conditions along the Central Ditch (April 24, 2021), 3. A meeting following submittal of the draft Technical Memorandum (TM) to discuss the City's comments. F. 2-D HYDROLOGIC AND HYDRAULIC MODELING This task will include preliminary 2-D hydrologic and hydraulic (H&H) modeling to facilitate identifying potential flooding problems in the project areas based on the 10-, 25- and 100- year storm events. A 2-D model will express the flow of stormwater as determined by the one -foot LiDar data. The following will be conducted to complete the modeling: 1. During the field reconnaissance in task I.C. above, boundary conditions for the H&H model will be visually observed to preliminarily determine how to establish initial Work Authorization — Central Ditch Flood Management Improvement Page 3 of 6 Tetra Tech 021822 starting conditions for the model. This analysis will also be correlated with the staff gauge data downstream in the Banana River. 2. GIS, with the use of the Arc Hydro module, will be used to determine the hydrologic parameters including curve numbers and time of concentrations. 3. ENGINEER will import the one -foot LiDar data into GIS. 4. There will be areas in the LiDar topographic data that will have to be adjusted to simulate connectivity of swales and other open drainage systems to catch basins in the network of pipes that ultimately flow along the south side of West Central Blvd. The purpose of this step is to allow stormwater to reach the primary conveyance systems. This model will serve as the platform for the final engineering design that will be conducted by the City in the next phase of this process to reduce flooding. 5. The Digital Elevation Model (DEM) from the LiDar data in task 2 above will then be imported into ICPR4 which will enable the 2-D model to be executed. 6. ENGINEER will consider the potential impacts of sea level rise (SLR) on the project area and recommendations on potential improvements that could be made to make the area more resilient to the future impacts. ENGINEER will do the following: a. Compile regional sea level rise projects applicable to the Banana River Lagoon (BRL) for four representative concentration pathway (RCP) scenarios at times between the present through 2100 using the latest available data from NOAA. b. Evaluate records from tide stations in the vicinity of the project area outfall locations to provide representative tidal datum levels for the outfall locations and convert the tidal datum levels to a geodetic datum level (NAVD 88). c. Adjust the local tidal datum levels to account for the sea level rise contribution for the four RCP scenarios and the time intervals through 2100. 7. ENGINEER will proceed with establishing alternative solutions to reducing flooding in the Central Ditch system. Two (2) alternative solutions will be analyzed for the Central Ditch system. One will focus on the capacity of the ditch by widening the cross section as allowed by the existing constraints such as the gravity sewer line along the east bank and the width of the easement. We anticipate that the other alternative will involve the creation of a pond in one of the parcels of land identified by the City in our April 24, 2021 meeting at the Central Ditch. G. TECHNICAL MEMORANDUM ENGINEER will summarize the findings of this work effort into a Technical Memorandum (TM) which will include the following: Work Authorization — Central Ditch Flood Management Improvement Page 4 of 6 Tetra Tech 021822 1. Summary of the field activities. 2. Description of the hydrologic analysis and modeling approach. 3. Tables and figures illustrating the modeling results. 4. 11" x 17" figures illustrating the alternative solutions analyzed in Task G.7. 5. Summary of permitting requirements. 6. Discussion of funding opportunities. 7. Preliminary Engineer's opinions of probable construction costs will be prepared for each alternative solution. 8. ENGINEER will provide recommendations to the City regarding the alternative solutions analyzed above. II. REIMBURSABLE EXPENSES 1. Production expenses for the following: i. Reproduction of up to three (3) copies of the TM and preliminary design exhibits. 2. Other direct costs anticipated for surveying services and travel mileage. 3. Mailings and overnight deliveries. III. COMPENSATION ENGINEER will provide the above described services on a Time and Material basis for a fee of up to $65,689. A breakdown of the fee is included below. Services will be invoiced to the City monthly. Task Fee Data Gathering & Field Services $3,920 Field Surveying $6,560 Meetings $2,316 Hydrologic and Hydraulic Modeling $39,174 Technical Memorandum $12,462 Reimbursables & ODC's $1,257 TOTAL $65,689 Work Authorization — Central Ditch Flood Management Improvement Page 5 of 6 Tetra Tech 021822 IV. SCHEDULE AND COMPLETION Below is a summary of the anticipated schedule per task for this project. Accumulative Activity Duration (days) Total (Days) Notice to Proceed - Data Gathering & Field Services 30 45 Meetings TBD (1) Hydrologic, Hydraulic Modeling 90 Days 135(1)Days Technical Memorandum 45 Days 180(1) Note: (1)Total number of days will depend on the timing of the meetings. V. AUTHORIZATION IN WITNESS WHEREOF, the City of Cape Canaveral, represented by the authorized signature below, has executed this Work Authorization on the day and year below: CITY OF CAPE CANAVERAL TETRA TECH By: By: (Signature) Authorized Signature Roderick Cashe, PE, CDT Sr. Project Manager Name: Date: Date: 2/18/2022 ATTEST APPROVED as to CORRECTNESS & FORM By: By: , City Clerk , City Attorney Date: Date: Work Authorization—Central Ditch Flood Management Improvement Page 6 of 6 Tetra Tech 021822 Tt Price Proposal Revision Date: Labor Plan Price Summary/ Totals Dec 31, 2020 16 Resource Task Pricing Totals 65,690 Central Ditch Flood Improvement Analysis Bill Rate> 261.39 149.05 120.90 124.00 151.90 105.40 105.40 124.00 68.20 111.79 107.76 174.96 78.28 115.51 96.44 66.25 Specify Add'I Fees on Setup 0 Technology Use Fee Hydrologic and Hydraulic Modeling Services to Reduce Flooding in the Upper Reaches of the Central Ditch Proj Area> Total Price 65,690 Submitted to: Cape Canaveral, FL (Attn: Mr. Jeff Ratliff, P.E.) Unit Rate Qty's Items > Fleet Vehicles Pricing by Resource v Unit Rate> $0.72 Contract Type: T&M _ _ _ ` a = U TotalLU v a " _ a Task Pricing N en a a) a) a) a) To a) a) a) u l7 a > -6 > >• vi c u Unit> mile T T a 'u ,c ,c ,c ,c , ,c ,c ,c a ,w ¢ v) > m a) a) ai Labor f0 f0 c bA bA bA bA fa bA hp bA N O U v) J c O I Schedule Labor Hrs c _ _ _ _ _ a _ _ Charged to> M&E Rate Esc. Labor Subs Travel Mat IS& Equip ODCs Totals d W W W W l..) W W W L9 d U V) 0 V) V) N N J Q CL O q p Project Phases/Tasks From Thru Months 490 24 51 - 229 4 8 2 3 3 - 96 12 - 20 20 18 Quantities> 600 3.38% 64,433 - 275 682 300 65,690 1 Task 1-Data Gathering and Field Services 04/10/66 04/26/66 0.5 2 10 80 1 11 - 10 - - - - - - 6 12 - 20 20 - - 17.50% 10,480 - - - - 10,480 Task 2. Meetings 02/08/89 02/10/89 0.1 1 1 12 4 8 - 14.00% 2,316 - - - - 2,316 Task 3. Hydrologic&Hydraulic Modeling 01/20/77 01/05/80 34.8 80 696 301 12 18 - 177 4 8 2 3 3 - 74 - - - - - - 28.00% 39,174 - - - - 39,174 Task 4.Technical Memorandum 10/16/32 01/04/35 26.1 60 522 97 7 14 - 42 - - - - - - 16 - - - - 18 - 21.00% 12,462 - - - - 12,462 Task 5.Reim.Expenses 05/24/66 07/03/67 13.1 30 261 600 10.50% - - 275 682 300 1,257 Totals 04/10/66 01/05/80 7231.1 490 24 51 - 229 4 8 2 3 3 - 96 12 - 20 20 18 Quantities> 600 3.38% 64,433 - 275 682 300 65,690 Tetra Tech Page 1 of 1 Printed 2/18/2022 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Approve the City of Cape Canaveral Community Center (COCCCC) Fee Schedule. Department: Leisure Services Summary: With the future completion of the City of Cape Canaveral Community Center (COCC), it is incumbent upon the City to establish a schedule of fees for use. Per the City Manager with City Council's direction, the proposed Fee Schedule will not be implemented for residents of Cape Canaveral until October 1, 2022. This will provide the opportunity to track activities and develop trends. However, all non-residents will be required to pay upon opening of the facility. Staff researched over 20 facilities throughout Florida to gauge what other government owned/operated facilities offering similar amenities charge. Location of these facilities ranged from Jacksonville to Vero Beach. A comprehensive spreadsheet was created (Attachment #1) delineating items such as operating hours, daily/weekly/monthly/yearly drop -ins, membership fees, and room rental fees to assess how our proposed fees fare in comparison to other municipalities. The research concluded that each entity sets fees according to their demographics, demand on each facility and direction from their Staff and elected officials. The proposed daily fees (Attachment #2) are consistent with existing hourly fees currently used by the Department (Attachment #3). New monthly/yearly membership rates were created to further reduce the cost of use for customers that want to frequent the facility on a regular basis. The Culture and Leisure Services Board (CLSB) reviewed and discussed the fees during their January 27, 2022 meeting. The consensus of the Board was that the fees were fair and the Board supported the proposed fees (Attachment #4). Submitted by: Gustavo Vergara Date: 3/8/22 Attachments: #1 Municipal Fee Comparison #2 Proposed fees for COCCCC #3 Existing Fee Schedule #4 Draft January 27, 2022 CLSB Minutes Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/8/22 The City Manager recommends the City Council take the following action: Approve the City of Cape Canaveral Community Center (COCCCC) Fee Schedule. Approved by City Manager: Todd Morley Date: 3/8/22 Municipal Facility Fee Comparison Attachment#1 Hours Cost City/County Name of Facility Annual Non- M-F Sat Sun Daily Weekly Monthly 3 Month Annual Resident resident Lakeland, FL Kelly Recreation Complex 5:30AM-9:30PM 8:OOAM-5:OOPM 11:OOAM-5:OOPM $ 4.00 N/A N/A N/A Ages 14-59: $200 Ages 14-59: $360 Vero Beach, FL IRC Intergenerational Center 9:OOAM-9:OOPM 9:OOAM-5:OOPM 12:OOPM-5:OOPM N/A N/A N/A N/A N/A N/A Pinecrest, FL Pinecrest Community Center 5:30AM-9:OOPM 6:OOAM-6:OOPM 8:OOAM-4:OOPM $ 10.70 $ 21.40 $ 37.45 $ 107.00 Ages 18-64: $428 Ages 18-64: $492.20 Palm Bay, FL Tony Rosa Community Center 9:OOAM-9:OOPM 9:OOAM-5:OOPM Closed $ 2.00 N/A $ 10.00 $ 25.00 $ 45.00 $ 75.00 St.Johns County W.E. Harris Community Center 7:OOAM-8:OOPM Hours Vary Hours Vary N/A $45 Non N/A $50 - $120 $75 - $170 $ 5.00 Resident .zu rtesiaent Orlando, FL College Park Neighborhood Center 8:OOAM-9:OOPM 9:OOAM-9:OOPM 1:OOPM-6:OOPM $ 5.00 N/A $45 Non N/A $50 - $120 $75 - $170 $45 Non Orlando, FL Dover Shores Neighborhood Center 9:OOAM-9:OOPM 9:OOAM-9:OOPM 1:OOPM-6:OOPM N/A N/A $50 - $120 $75 - $170 $ 5.00 Resident Orlando Downtown Recreation M-Th: 7:00-9:00PM Fri: $20 Resident Orlando, FL 9:OOAM-9:OOPM Closed N/A N/A $50 - $120 $75 - $170 Complex 7:00AM-Midnight $ 5.00 $45 Non Orlando, FL Englewood Neighborhood Center 8:OOAM-9:OOPM 9:OOAM-9:OOPM 1:OOPM-6:OOPM N/A $20 Resident N/A $50 - $120 $75 - $170 $45 Non $ 5.00 Resident Municipal Facility Fee Comparison John H.Jackson Neighborhood Orlando, FL 8:00AM-8:00PM 10:00AM-6:00PM Closed N/A $20 Resident N/A $50 - $120 $75 - $170 Center $45 Non $ 5.00 Resident Orlando, FL Northwest Neighborhood Center 8:OOAM-9:OOPM 9:OOAM-9:OOPM 1:OOPM-6:OOPM N/A $20 Resident N/A $50 - $120 $75 - $170 $45 Non $ 5.00 Resident Orlando, FL Rosemont Neighborhood Center 8:OOAM-9:OOPM 9:OOAM-9:OOPM 1:OOPM-6:OOPM N/A N/A $50 - $120 $75 - $170 $20 Resident $45 Non $ 5.00 Resident Dr James R. Smith Neighborhood $20 Resident Orlando, FL 9:OOAM-9:OOPM 9:OOAM-9:OOPM 1:OOPM-6:OOPM N/A N/A $50 - $120 $75 - $170 Center $45 Non $ 5.00 Resident $20 Resident Orlando, FL Wadeview Neighborhood Center 9:OOAM-8:OOPM Closed Closed N/A $45 Non N/A $50 - $120 $75 - $170 $ 5.00 Resident Jacksonville, FL Legends Center 8:OOAM-9:OOPM 9:OOAM-6:OOPM Closed $ 2.00 N/A $ 10.00 $ 120.00 N/A Viera Regional Community Center& Viera, FL 10:OOAM-9:OOPM 9:OOAM-3:OOPM Closed $ 2.00 N/A N/A N/A N/A N/A Park Melbourne Beach, South Beach Community Park 9:OOAM-6:OOPM Closed Closed N/A N/A N/A N/A N/A FL Merritt Island, FL Kiwanis Island Park 10:OOAM-8:OOPM 10:OOAM-2:OOPM Closed Open gym is N/A N/A N/A N/A N/A free PB - $4 hr Cocoa, FL Joe Lee Smith Park MTh: 3:OOPM 8:OOPM 10:OOAM-2:OOPM Closed N/A N/A N/A N/A N/A Fri: 1:OOPM-6:OOPM West Melbourne, M-Th: 12:OOPM-9:OOPM Max K. Rode's Park 10:OOAM-3:OOPM Closed $ 2.00 N/A N/A N/A N/A N/A FL Fri: 12:00PM -8:00PM Municipal Facility Fee Comparison Weight Room Rec Room Rental Weight Room Family Pass Other Minimum Age 12-14 with Large Room: 200 + guests Rental Fees: $427 venue fee + $150 set-up fee + $50 per hour labor fee $450/$800 $40/20 Visits Y $500 refundable damage/rule enforcement fee adult *Total rental fee = venue fee + set-un fee + hourly lahnr fpp + riamarlp/rl Ilp Pnfn rip mpnt fpp A-B Multi-purpse Room - 176 ppl - $150 per hr Room A - 88 ppl - $75 per hr Room B - 88 ppl - $75 per hr Activity N/A N/A N N/A Room -45 ppl - $45 per hr/82 ppl - $85 per hr A-C Multi-purp - 217 -$165 per hr A - C /77PP1 - $ 5nprhr $300 plus tax for 3 hours/$75 plus tax for each additional hour $300 security deposit 12-14 with $50 alcohol permit Resident: $781.10 N/A Y adult $200 for terrace 70 Person Capacity $450 plus tax for 3 hours $100 plus tax for each additional hour $300 security deposit Banquet Room requires a $100 deposit at the time of contract.The rental fee is a flat rate of$325 plus tax for up to 8 hours (Friday-Sunday). Additional hours are $45 plus tax each. A Half Day rental of 4 hours is also available for$200 plus tax (Friday-Sunday). Gymnasium requires a $300 deposit at time of contract. Full court rentals on Saturdays &Sundays are $70 per hour(four hour minimum) plus tax each. Saturday& Sunday half court rentals are $45 per hour(four hour minimum) plus tax each. Full court rentals Monday through Friday, between the hours of 8:30 am and 5 pm, are $60 per hour plus tax. Half court rentals Monday through Friday, between the hours of 8:30 am and 5 pm, are $35 per hour plus tax. Hourly gym rentals after 5 pm are granted only on a case by case basis. Additional floor covering fee of$300 may be required. Rentals outside normal business hours require additional staffing fees.The TRCC Gymnasium is available: Monday- Thursday 9 am - 9 pm, Friday 9 City Employee: $5 am - 12 am, Saturday/Sunday 9 am - 12 am The TWCC Large and Small Meeting Rooms require a $100 deposit at the time of contract. The rental fees $ 160.00 annuallyY 9-13 with adult are $30/hour + tax for the large room and $20/hour + tax for the small room.Any rentals outside normal business hours require additional staffing fees. Gymnasium also requires a $300 deposit at time of contract. Full court rentals on Saturdays & Sundays are $70 per hour(four hour minimum) plus tax each. Saturday& Sunday half court rentals are $45 per hour(four hour minimum) plus tax each. Full court rentals Monday through Friday, between the hours of 9 am and 5 pm, are $60 per hour plus tax. Half court rentals Monday through Friday, between the hours of 9 am and 5 pm, are $35 per hour plus tax. Hourly gym rentals after 5 pm are granted only on a case by case basis. Additional floor covering fee of$300 may be required. Rentals No specified Rec Room. Gymnasium with Cafteria: $249 for 4 hr N/A N/A Y N/A N/A Y Multi-purpose room: 60 ppl $50 hr plus kitchenette $15 hr/$100 securcity deposit/ $31 insurance N/A N/A Y 50 ppl $50 hr&75 ppl $50 hr both have $100 security deposit N/A N/A Y Grymnasium - $65 hr/$100 security deposit/$31 insurance Multi-purpose room: 150 ppl $50 hr N/A N/A Y Community Room: 100 ppl $50 hr Plus kitchen: $15 Gymnasium (only for athletics, 300 ppl) $65 hr Municipal Facility Fee Comparison Large multi-purpose room- $50 per hour—capacity 105 persons/Small multi-purpose rooms— $30 per hour—capacity 20 persons Kitchen— $15 per hour/Outside basketball courts—$30 per hour/Softball Field —$25/$40 per hour N/A N/A Y Small Park Pavilion—$30 daily fee/Tennis Court- $2.00 per hour $100 refundable damage/cleanup deposit Large multi-purpose room — $50 per hour—capacity 150 persons Small multi-purpose room —$30 per hour—capacity 60 persons N/A N/A Y Kitchen— $15 per hour Gymnasium —$65 per hour— (sporting events only) capacity 660 persons (tInn rnfiInrrokin rramono/nln,niin rinr.r.ri+ Large multi-purpose room — $50 per hour—capacity 141 persons Small multi-purpose room —$30 per hour—capacity 40 persons Kitchen— $15 per hour Outdoor basketball courts—$30 per hour N/A N/A Y Outdoor tennis court—$2 per hour Soccer field —$25 per hour(9 a.m.—5 p.m.) $40 per hour(5—9 p.m.) Pavilion—$50 day Gymnasium - $65 per hour(sporting events only) Small multi-purpose rooms— $30 per hour—capacity 50 persons Large multi-purpose room- $50 per hour—capacity 160 persons N/A N/A Y Kitchen— $15 per hour Gymnasium (sporting events only)—$65 per hour—capacity 660 persons Q'I(1(1 rnfiinrinhln rr,monn/rIn-,niin rinr,rri* Small multi-purpose room —$50 per hour—capacity 75 persons N/A N/A Y Large multi-purpose room — $50 per hour—capacity 103 persons Kitchen— $15 per hour Q1nn rafi!tidahla rlamana/rlaaniin rlanncit $ 150.00 N/A 500 ppl $322 for 4 hr/extra hr$53.75 (15 hr max) 70 ppl $161.25 for 4 hr/extra hr$26.88 (15 hr max) N/A N/A N $20-$30 hr N/A N/A N $30 hr N/A N/A N Rooms range from $20 - $45 hr N/A N/A N $45-$60 hr N/A N/A N $20-$60 hr Attachment#2 CITY OF CAPE CANAVERAL COMMUNITY CENTER DRAFT FEE SCHEDULE FEES INCLUDE OPEN GYM + UPSTAIRS EXERCISE AREA(ADULTS ONLY) +ACTIVITY ROOM RESIDENT: (60+ DAYS IN RESIDENCE IN CITY OF CAPE CANAVERAL) - SENIOR: 62+YEARS OF AGE CHILD: 17 & UNDER AGE & RESIDENCY STATUS (Daily Fee (Monthly Fee (Yearly Fee I NON-RESIDENT SENIOR $3 $25 $250 RESIDENT SENIOR $1 $10 $110 NON-RESIDENT ADULT $4 $30 $330 RESIDENT ADULT $2 $20 $220 NON-RESIDENT CHILD $1 $10 $110 RESIDENT CHILD Free PROGRAMS I LEAGUES/CAMPS/ EVENTS TBD - PRICE CONTINGENT ON COSTS OF OPERATING PROGRAM CONFERENCE ROOM RENTALS $50/ HOUR- $150 REFUNDABLE CLEANING DEPOSIT GYM RENTAL(ONLY ATHLETICS) $65/ HR- $150 REFUNDABLE CLEANING DEPOSIT GYM RENTAL(EVENTS) $65/ HR- $200 FLOOR COVERING CHARGE + DEPOSIT LEISURE SERVICES Attachment#3 FEE SCHEDULE 7300 N. ATLANTIC AVE • 321-868-1226 • WWW.CITYOFCAPECANAVERAL.ORG COURT FEES —ALL FEES PER PERSON PER HOUR TENNIS• RACQUETBALL•WALLY BALL• PICKLE BALL• SHUFFLEBOARD RESIDENT: 60+ DAYS IN CAPE CANAVERAL• MUST SHOW PROOF SENIOR: 62+ • CHILD: 17 & UNDER AGE & RESIDENCY STATUS NON-PRIME 8A-6P PRIME AFTER 6P NON-RESIDENT SENIOR $2.00 $3.00 RESIDENT SENIOR $1.00 $2.00 NON-RESIDENT ADULT $3.00 $4.00 RESIDENT ADULT $2.00 $3.00 NON-RESIDENT CHILD $1.00 $2.00 RESIDENT CHILD FREE $1.00 WITH PAID ADULT FRIDAY FEST BOOTH FEES ALL PRICES INCLUDE TAX• DAY OF EVENT ADD$10 LATE FEE :!o!NIzATION $!oo VOR $ .10 VER $ .50 ATHLETIC LEAGUE FEES MUST SUBMIT TEAM REGISTRATION WITH PAYMENT• NO PARTIAL PAYMENTS KICKBALL LEAGUE $200.00 PICKLEBALL $15 PER PLAYER TENNIS/RACQUETBALL $3.00 PER MATCH FACILITY RENTAL FEES MUST SUBMIT RENTAL APPLICATION WITH PAYMENT• PRICES INCLUDE TAX * INDICATES $150.00 REFUNDABLE DEPOSIT REQUIRED FACILITY COST DURATION ACTIVITY ROOM PRIVATE' $21.40 PER HOUR ACTIVITY ROOM NON-PROFIT* $15.00 PER HOUR BANANA RIVER PARK PAVILION' $160.50 PER DAY MANATEE SANCTUARY PARK PAVILION- $267.50 PER DAY REGISTER FOR LEAGUES AND PROGRAMS ONLINE! HTTPS://CAPECANAVERAL.RECDESK.COM Attachment #4 DRAFT CULTURE AND LEISURE SERVICES BOARD MEETING MINUTES JANUARY 27, 2022 A meeting of the Culture and Leisure Services Board was held on January 27, 2022, at Cape Canaveral City Hall, 100 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:31 p.m. by Chairperson, Joel Fair. The Secretary called the roll. MEMBERS PRESENT Joel Fair Kathy Parks Mike Truitt Angela Trulock OTHERS PRESENT Gustavo Vergara Molly Thomas Marci Lefkoff Chairperson Leisure Services Director Cultural + Community Affairs Director Board Secretary MEMBERS ABSENT Larry Holmes ACTION ITEMS: A motion was made by Kathy Parks, to approve meeting minutes of September 30, 2021 as written, seconded by Mike Truitt, the motion was carried unanimously. A motion was made by Mike Truitt to recommend that Betsy Ronk and Mary Mosquera be considered by City Council for appointment to the Culture and Leisure Services Advisory Board, seconded by Kathy Parks, the motion was carried unanimously. A motion was made by Kathy Parks, to select the sculpture "Awakening" for installation at the Cape Canaveral Public Library, seconded by Joel Fair, the motion carried 3 to 1. DISCUSSION ITEMS: • Mr. Vergara presented the proposed Fee Schedule for the City of Cape Canaveral Community Center. Mr. Vergara provided background on the existing fees and described the fees being proposed. Discussion ensued about operating hours, the many programs that could be operated out of the building and the new opportunities having this facility will open to the community. Although no motion was necessary, there was consensus and support from the Board for the new fee structure. DRAFT STAFF REPORTS: • Mr. Vergara gave an update on the progress of The City of Cape Canaveral Community Center and stated that hopefully by March the building will be done. Mr. Vergara stated that a prefabricated restroom will go on the East side of the dug out for the installation of the splash pad. • Mr. Vergara presented upcoming City events for the month of January. To include Friday Fest and the 3rd Annual Space Coast Paddle Battle. • Ms. Thomas discussed the progress for the CAPE Center, stating they are on schedule despite the delays on some materials. Ms. Thomas stated they are looking at May for completion. ADJORN M ENT: There being no further business, Kathy Parks made a motion to adjourn —seconded by Mike Truitt. The motion carried unanimously and the meeting adjourned at 7:23 p.m. Approved on this, the 31' day of March, 2022. Joel Fair, Chairperson Marci Lefkoff, Board Secretary CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Ordinance No. 02-2022; establishing an Election procedure under Chapter 26 of the City Code to be utilized to conduct Special Elections of the electors of the City to fill City Council vacancies that may occur in the future as a result of one or more Council Members filing a Notice of Resignation with a prospective effective date to run for a different office in accordance with Florida's Resign -to -Run Law in instances when there is an intervening general City election; providing that any such Special Election shall occur at the same time as the regularly scheduled intervening General Election in accordance with the City Charter and City Code; providing for conflicts, severability, incorporation into the Code, and an effective date, first reading. Department: City Clerk's Office Summary: During two recent mayoral elections in 2015 and 2021, two sitting Council Members, with remaining terms of one and two years, resigned to run for Mayor pursuant to Florida's Resign - to -Run law, sec. 99.012, Fla. Statute (Attachment 1). In both elections, the resignations submitted by the Council Members were filed with the City Clerk at least one week prior to the commencement of the Qualifying Period for the office of Mayor, and with a prospective effective date closely corresponding to the date of when the newly elected mayor was scheduled to take office as allowed by Florida's Resign -to -Run law. In both instances, due to these resignations, the City Council was required to fill the vacancies created on Council for the remainder of the unexpired terms of the two resigning elected officials as provided by Section 2.06 of the City Charter (Attachment 2). Additionally, in 2015 and 2021, Council adopted Emergency Ordinance Nos. 08-2015 and 34-2021 (Attachment 3) in favor of scheduling special elections to allow the citizens to fill the prospective vacancies in conjunction with the mayoral elections. The special elections were in lieu of filling the vacancies in the future, by appointment, when the resignations became effective and the Council Members left office. This brought to light the issue that when an incumbent Council Member invokes the provisions of the Florida Resign -to -Run Law, in certain situations, an intervening general election may exist that will permit the City Council to fill the future prospective vacancy by special election versus waiting for the vacancy to become effective and then filling it by appointment. As a matter of policy, the City Council has previously declared and favored allowing the electors of the City of Cape Canaveral to fill prospective vacancies if there were an intervening City general election that would allow the City to timely qualify candidates for vacant Council seats. In furtherance of this policy, and to avoid a similar need to consider and adopt emergency ordinances in the future related to vacancies on Council caused by resignations under the Resign -to -Run Law, the City Council is being asked to consider whether it desires to adopt and incorporate in the City's Election Code, the election procedure successfully utilized by the City to fill Council Member vacancies caused by Florida's Resign -to -Run Law during the 2015 and 2021 mayoral general elections as detailed in Ordinance No. 00-2022 (Attachment 4). The proposed election procedure would apply for any resignations caused by the Florida Resign -to -Run Law regardless of which office the resigning Council Member is seeking. City of Cape Canaveral City Council Meeting • March 15, 2022 Agenda Item # 8 Page 2 of 2 In conclusion, the intent and purpose of exercising this local authority is to conduct an orderly City Election when necessary whereby the electors of the City are afforded a reasonable opportunity to participate in the qualifying and selection of candidates to fill vacancies occurring under circumstances previously experienced during the 2015 and 2021 Mayoral General Election as a result of Florida's Resign -to -Run Law when there is a City intervening General Election. The recitals contained in the attached Ordinance and Ordinances 08-2015 and 34-2021 explain the legal basis for conducting a special election to fill City Council vacancies caused by the Florida Resign -to -Run Law in situations when there is an intervening general City election. Submitting Department Director: Mia Goforth Date: 3/8/22 Attachments: 1. Sec. 99.012, Fla. Statute 2. City Charter Section 2.06 3. Emergency Ordinances 08-2015 and 34-2021 4. Ordinance No. 02-2022 Financial Impact: Potential cost savings to the City, depending on the circumstances involved, and the fees imposed by the Brevard County Supervisor of Elections Office for running a Special Election in conjunction with an intervening General Election of the City; and cost of advertisement. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/7/22 The City Manager recommends the City Council take the following action: Approve Ordinance No. 02-2022, first reading. Approved by City Manager: Todd Morley Date: 3/8/22 3/1/22, 11:34 AM Statutes & Constitution :View Statutes : Online Sunshine Attachment 1 Select Year: 2021 v Go The 2021 Florida Statutes Title IX ELECTORS AND ELECTIONS Chapter 99 CANDIDATES View Entire Chapter 99.012 Restrictions on individuals qualifying for public office.— (1) As used in this section: (a) "Officer" means a person, whether elected or appointed, who has the authority to exercise the sovereign power of the state pertaining to an office recognized under the State Constitution or laws of the state. With respect to a municipality, the term "officer" means a person, whether elected or appointed, who has the authority to exercise municipal power as provided by the State Constitution, state laws, or municipal charter. (b) "Subordinate officer" means a person who has been delegated the authority to exercise the sovereign power of the state by an officer. With respect to a municipality, subordinate officer means a person who has been delegated the authority to exercise municipal power by an officer. (2) No person may qualify as a candidate for more than one public office, whether federal, state, district, county, or municipal, if the terms or any part thereof run concurrently with each other. (3)(a) No officer may qualify as a candidate for another state, district, county, or municipal public office if the terms or any part thereof run concurrently with each other without resigning from the office he or she presently holds. (b) The resignation is irrevocable. (c) The written resignation must be submitted at least 10 days prior to the first day of qualifying for the office he or she intends to seek. (d) The resignation must be effective no later than the earlier of the following dates: 1. The date the officer would take office, if elected; or 2. The date the officer's successor is required to take office. (e)1. An elected district, county, or municipal officer must submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State. 2. An appointed district, county, or municipal officer must submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State. 3. All other officers must submit their resignations to the Governor with a copy to the Department of State. (f) The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation. (g) Any officer who submits his or her resignation, effective immediately or effective on a date prior to the date of his or her qualifying for office, may then qualify for office as a nonofficeholder, and the provisions of this subsection do not apply. (4)(a) Any officer who qualifies for federal public office must resign from the office he or she presently holds if the terms, or any part thereof, run concurrently with each other. (b) The resignation is irrevocable. (c) The resignation must be submitted at least 10 days before the first day of qualifying for the office he or she intends to seek. (d) The written resignation must be effective no later than the earlier of the following dates: 1. The date the officer would take office, if elected; or www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0099/Sections/0099.012.html 1/2 3/1/22, 11:34 AM Statutes & Constitution :View Statutes : Online Sunshine 2. The date the officer's successor is required to take office. (e)1. An elected district, county, or municipal officer shall submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State. 2. An appointed district, county, or municipal officer shall submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State. 3. All other officers shall submit their resignations to the Governor with a copy to the Department of State. (f)1. The failure of an officer who qualifies for federal public office to submit a resignation pursuant to this subsection constitutes an automatic irrevocable resignation, effective immediately, from the office he or she presently holds. 2. The Department of State shall send a notice of the automatic resignation to the Governor, and in the case of a district, county, or municipal officer, a copy to: a. The officer before whom he or she qualified if the officer held an elective office; or b. The officer or authority who appointed him or her if the officer held an appointive office. (g) The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation. (5) A person who is a subordinate officer, deputy sheriff, or police officer must resign effective upon qualifying pursuant to this chapter if the person is seeking to qualify for a public office that is currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise that person and who has qualified as a candidate for reelection to that office. (6) If an order of a court that has become final determines that a person did not comply with this section, the person shall not be qualified as a candidate for election and his or her name may not appear on the ballot. (7) This section does not apply to: (a) Political party offices. (b) Persons serving without salary as members of an appointive board or authority. (8) Subsections (3) and (4) do not apply to persons holding any federal office. Subsection (4) does not apply to an elected officer if the term of the office that he or she presently holds is scheduled to expire and be filled by election in the same primary and general election period as the federal office he or she is seeking. History.—s. 1, ch. 63-269; s. 2, ch. 65-378; s. 1, ch. 70-80; s. 10, ch. 71-373; s. 1, ch. 74-76; s. 3, ch. 75-196; s. 1, ch. 79-391; s. 47, ch. 81-259; s. 1, ch. 83-15; s. 28, ch. 84-302; s. 31, ch. 91-107; s. 534, ch. 95-147; s. 1, ch. 99-146; s. 1, ch. 2000-274; s. 14, ch. 2007-30; s. 14, ch. 2008-4; s. 9, ch. 2008-95; s. 12, ch. 2011-40; s. 1, ch. 2018-126; s. 11, ch. 2021-11. Copyright © 1995-2022 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0099/Sections/0099.012.html 2/2 Attachment 2 Cape Canaveral, FL Code of Ordinances Sec. 2.06 Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a council member shall become vacant upon the member's death, resignation, or removal from office or forfeiture of office in any manner authorized by law. (b) Forfeiture of office. A council member shall forfeit that office if the council member: (1) Fails to meet the residency requirements or fails to possess the qualifications of registered voters, (2) Violates any express prohibition of this Charter, (3) Is convicted of a crime involving moral turpitude, or (4) Fails to attend three consecutive regular meetings of the city council or more than 30 percent of all meetings of the city council held annually, without being excused by resolution duly adopted by the city council. (c) Filling of vacancies. Upon occurrence of a vacancy on the city council, the city council, by a majority vote of all its remaining members, shall appoint a qualified person to fill the vacancy until the vacancy is filled at the next general election. Said appointment shall occur within 90 days of the vacancy. At the next general election, the vacant position shall be filled by a vote of the electors for the remainder of the original term. Any councilmember so elected shall take office immediately upon election at the next scheduled city council meeting. Notwithstanding the requirements in section 2.11(c), if at any time the membership of the city council is reduced to less than four, the remaining members may, by majority action, appoint additional members to raise the membership to five. (Ord. No. 11-2011, § 1, 10-18-11; approved at referendum, 1-31-12) Attachment 3 ORDINANCE NO. 08-2015 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REGARDING THE NOVEMBER 3, 2015 GENERAL ELECTION; DECLARING A SPECIAL ELECTION OF THE ELECTORS OF THE CITY TO FILL TWO PROSPECTIVE CITY COUNCIL VACANCIES DUE TO TWO RESIGN -TO -RUN RESIGNATIONS RECENTLY FILED WITH THE CITY CLERK BY TWO MEMBERS OF THE CURRENT CITY COUNCIL; PROVIDING THAT SUCH ELECTION SHALL OCCUR DURING THE REGULARLY SCHEDULED ELECTION FOR THE OFFICE OF MAYOR ON NOVEMBER 3, 2015 IN ACCORDANCE WITH THE CITY CHARTER AND CITY CODE; PROVIDING PROCEDURES FOR GOVERNING THE CONDUCT OF SAID GENERAL ELECTION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council is authorized by Section 166.041 (3)(b), Florida Statutes, and Section 2.14 of the City Charter, to adopt emergency ordinances by 2/3 vote of the City Council in cases when City Council action is expeditiously required to address an emergency situation; and WHEREAS, pursuant to Sections 6.01 and 6.03 of the City Charter and Section 2-26 of the City Code, the City is scheduled to conduct a general election to elect a Mayor on November 3, 2015; and WHEREAS, the qualifying period for the election of Mayor is currently scheduled to commence on Friday, August 7, 2015, and shall continue for a two week period in accordance with Section 26-3 of the City Code; and WHEREAS, the Supervisor of Elections has advised the City that the deadline for submitting candidate names for municipal elections held on the November 3, 2015 is August 28, 2015; and WHEREAS, at least 10 days prior to the commencement of the qualifying period, two sitting councilmembers submitted letters of resignation with a prospective effective date of November 17, 2015 pursuant to the requirements of Section 99.012, Florida Statutes ("resign -to - run law"); and WHEREAS, in accordance with Section 99.012(3)(f)2., Florida Statutes, the subject offices of the two resigning councilmembers shall be deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation, which in this case will be City of Cape Canaveral Ordinance No. 08 - 2015 Page 1 of 7 November 17, 2015; the day that the newly elected Mayor is required to take office as required by the City Charter; and WHEREAS, due to the resignations, the City will be required to fill the vacancies created on the City Council for the remainder of the unexpired terms of the two resigning city councilmembers as provided by Section 2.06 of the City Charter; and WHEREAS, Section 2.06 of the City Charter generally provides that once the office of a councilmember becomes vacant, the City Council, by majority vote, shall be required to fill the vacancy by appointment until the next general election, at which time the electors of the City shall be required to elect a candidate to fill the vacancies for the remainder of the term or elect a candidate to serve a new three year term based on the City's regular election cycle; and WHEREAS, the City Council hereby finds that the appointment powers bestowed upon the City Council by City Charter to fill councilmember vacancies are intended to allow the City Council to fill a vacancy on a temporary basis because the electors have reserved the right to elect a person to fill the same vacancies at the "next general election. See State v. Gamble, 13 Fla. 9 (1869) (construing the power of the Governor to fill a vacancy until "the next election" to mean that the appointment power to fill the office is not for the remainder of the unexpired term and that the power remains with the people); See also, Model City Charter 8th Edition, Section 2.06 Commentary (interpreting similar language to mean "the council shall temporarily fill vacancies until the next general election, when the voters will fill such vacancies for the remainder of the term); and WHEREAS, due to the fact that the two letters of resignation were filed with the City prior to the upcoming qualifying period and the November 3, 2015 general election, the City Council finds that there is an "intervening general election" scheduled to occur before the statutorily imposed effective date of the resignations on November 17, 2015, and before the City Council would be authorized by City Charter to temporarily fill the vacancies; and WHEREAS, the City Council hereby takes legislative notice of the detailed memorandum of law provided to the City by the City Attorney, dated August 5, 2015, and the Florida cases and other legal authority cited therein, for purposes of providing the City Council guidance relevant to interpreting Section 2.06 of the City Charter under these particular circumstances when there is an "intervening general election" which may be appropriate to allow the City electors to fill any vacancies on the City Council prior to the effective date of prospective effective dates of the councilmember resignations which will be the cause of the vacancy; and WHEREAS, specifically, the City Council takes notice of Spector v. Glisson, 305 So. 2d 777, 782 (Fla. 1974), wherein the Florida Supreme Court held that if a judicial vacancy is known reasonably in advance of an intervening primary and general election, the vacancy must be filled by election. The Court further stated that "We have historically since the earliest days of our statehood resolved as the public policy of this State that interpretations of the constitution, absent clear provision otherwise, should always be resolved in favor of retention in the people of the power and opportunity to select officials of the people's choice, and that vacancies in elective office should be filled by the people at the earliest practical date." In other words, the Florida Supreme Court has emphasized that there is a strong preference for elections in Florida: City of Cape Canaveral Ordinance No. 08 - 2015 Page 2 of 7 We feel that it necessarily follows from this consistent view and steadfast public policy of this State as expressed above, that if the elective process is available, and if it is not expressly precluded by the applicable language, it should be utilized to fill any available office by vote of the people at the earliest possible date. Thus the elective process retains that primacy which has historically been accorded to it consistent with the retention of all powers in the people, either directly or through their elected representatives in their Legislature, which are not delegated, and also consistent with the priority of the elective process over appointive powers except where explicitly otherwise provided. We thereby continue the basic premise of our democratic form of government, that it is a `government of the people, by the people and for the people. Spector v. Glisson, 305 So. 2d 777, 782 (Fla. 1974). WHEREAS, in addition, in Judicial Nominating Com'm, Ninth Cir. v. Graham, 424 So. 2d 10 (Fla. 1982), the Florida Supreme Court concluded that "the constitution mandates an election when there is sufficient time to afford the electorate an opportunity to fill a judicial vacancy." Id. The Court also summarized its conclusion as follows: In summary, if the vacancy is known in sufficient time to schedule a special election during the already scheduled primary and general election dates, then a special election should be held. On the other hand, if an irrevocable communication of an impending vacancy is presented to the governor at the time of or after the first primary, then we have held there is insufficient time to use the primary and general election process during that year and the governor is authorized to use the merit selection process for a term ending in January following the general election two years later. Graham, 424 So. 2d 10, 12 (Fla. 1982) (bold emphasis added); See also, Padovano, J., dissenting, Trotti v. Detzner, 147 So. 3d 641, 645 (Fla. 1st DCA 2014) (concluding that the rationale of the Spector decision is as compelling today as it was over 40 years ago in that elective offices should be filled by elections whenever possible); and WHEREAS, based on the aforesaid, the City Council hereby finds that the November 3, 2015 regularly scheduled general election on November 3, 2015 is an "intervening general election" because the effective date of the prospective resignations of November 17, 2015 is known by the City in sufficient time to schedule a special election to fill the two vacancies during the already scheduled general election date, and therefore, the City should conduct an election to fill the vacancies and allow the electors of Cape Canaveral an opportunity to elect candidates of their choice to fill the unexpired terms of the councilmembers pursuant to Section 2.06 of the City Charter; and WHEREAS, the City Council also takes legislative notice of Section 100.3605, Florida Statutes, and Sarasota Alliance For Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886-87 (Fla. 2010), and recognizes that the Legislature has granted local governments extensive power to control many aspects of the local election process and that while the Florida Election Code is a detailed and extensive statutory scheme, the Florida Supreme Court has held that the Legislature has not evinced an intent to preempt the field of election laws; and City of Cape Canaveral Ordinance No. 08 - 2015 Page 3 of 7 WHEREAS, in furtherance of the City Council's desire to conduct an election to fill the two prospective vacancies, the City Council desires to also exercise its authority to adopt procedures for the conduct of municipal elections within the City of Cape Canaveral to the extent not preempted or in conflict with the specific provisions of the Florida Election Code that are expressly applicable to municipalities, and to the extent not preempted or in conflict, it is the intent and purpose of this Ordinance that the election procedures adopted by the City Council shall prevail; and WHEREAS, the intent and purpose of exercising this local authority is to conduct an orderly City election whereby the electors of the City of Cape Canaveral are afforded a reasonable opportunity to participate in the qualifying and selection of candidates at the November 3, 2015 general election for purposes of not only electing a new Mayor, but also to fill the two councilmember vacancies that will become effective on November 17, 2015; and WHEREAS, the City Council finds that it is imperative to adopt this Ordinance so that eligible candidates and the public are aware of the City Council's decision to conduct an election on November 3, 2015 to fill the two prospective vacancies in accordance with Section 2.06 of the City Charter and other applicable provisions of the City Charter, City Code and law; and WHEREAS, the City Council fmds that an emergency situation exists requiring the City Council to enact this Ordinance by emergency procedures without the regular requirement of publishing a public advertisement in a newspaper of general circulation 10 days prior to adoption because time is of the essence to publicly announce the election to fill the two vacancies, qualify eligible candidates, and to modify local procedures and requirements set forth in the City's election code in order to facilitate said election; and WHEREAS, the City Council also fmds that an emergency situation exists because time is of the essence for the City Council to take necessary and immediate action to promote and protect the electors' right to elect qualified candidates to serve on the City Council before critical election qualifying and ballot deadlines for the November 3, 2015 election expire; and WHEREAS, the City Council fmds that absent the ability of the City Council to adopt this Ordinance by emergency procedures, the City Council would not have the ability to adopt necessary election procedures to preserve the elector's right to choose councilmembers of their choice before the critical qualifying and ballot deadline for the November 3, 2015 election expire; and WHEREAS, the City Council of the City of Cape Canaveral, hereby fmds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. 08 - 2015 Page 4 of 7 Section 2. Call for a Special Election on November 3, 2015 to Fill Vacancies. Due to the letters of resignation from the City Council submitted to the City Clerk by Mayor Pro Tem Bob Hoog, dated July 22, 2015, and councilmember Buzz Petsos, dated July 28, 2015, the City Council hereby fmds that said resignations shall take effect on November 17, 2015 by operation of law. Further, upon the effective date, two vacancies on the City Council will occur. Therefore, pursuant to Section 2.06 of the City Charter, the City Council hereby fmds and declares that said prospective vacancies shall be filled by the electors of the City at the November 3, 2015 general election. Section 3. Election Procedures. The following procedures shall govern the conduct of the City's general election to be held on November 3, 2015: 1. The election to fill the two vacant councilmember seats shall be conducted on a single ballot in accordance with the procedures and requirements set forth herein. The provisions of section Section 2-26 of the City Code shall not apply. The election of the mayor shall be a separate ballot as originally scheduled. The candidate receiving the greatest number of votes on the ballot to fill the two vacancies shall be elected to the office of a councilmember to serve the unexpired two (2) year term of Mayor Pro Tem Hoog's current seat. The candidate receiving the second -greatest number of votes on the ballot to fill the two vacancies shall be elected to the office of a councilmember to serve the unexpired one (1) year term of councilmember Petsos' current seat. In the event that two or more persons receive an equal and highest number of votes for the same office, such persons shall draw lots to determine who shall be elected to the office in question per Section 100.181, Florida Statutes. Further, in the event that only two persons qualify for the election to fill the two vacancies, the two candidates shall draw lots on November 17, 2015 to determine which candidate will serve the unexpired two year term and the loser serving the unexpired one year term. After candidates have been elected as provided above by the greatest number of votes, and one or more offices remains open due to an insufficient number of candidate(s) qualifying for the election, said office(s) shall be deemed vacant on November 17, 2015, and the City Council shall appoint a duly qualified person(s) to fill any such vacancy on or within 90 days of November 17, 2015 pursuant to section 2.06 of the City Charter. 2. The City Clerk shall immediately notify the Brevard County Supervisor of Elections of the City Council's decision to conduct an election to fill the two vacancies on the City Council at the November 3, 2015 general election, and ensure that the Supervisor of Elections consents to the date of the election pursuant to Section 100.151, Florida Statutes. If consent is not given, the City Clerk shall immediately notify the City Council, City Manager, and City Attorney by email communication. 3. The qualifying period for the election of Mayor commencing on August 7, 2015 shall remain the same. However, the qualifying period for the election to fill the two vacant councilmember seats shall commence on Monday, August 10, 2015 at 9:30 a.m. and end at 5 p.m. on Thursday, August 27, 2015. 4. As soon as possible, the City Clerk shall provide public notice of the election and the qualifying period set forth in paragraphs 1 and 2. Such notice shall be by publication in a City of Cape Canaveral Ordinance No. 08 - 2015 Page 5 of 7 newspaper of general circulation within the City, posting on bulletin boards located at the City library, City Hall, appropriate Parks and Recreation facilities, the City website, and any other places located within the territorial limits of the City expressly required by law for municipal elections or deemed reasonable by the City Clerk. This notice shall be in addition to the general election notice required by section 100.342, Florida Statutes. 5. The following ballot instructions shall apply: (a) To the extent permitted by law, the ballot used for the election shall be in a form substantially as follows: CITY OF CAPE CANAVERAL TWO CITY COUNCIL VACANCIES (Vote for Two) Candidate Name Candidate Name Candidate Name Candidate Name (b) In the event the proposed ballot must be amended, the City Manager, in consultation with the City Attorney and the Supervisor of Elections, shall be allowed to modify the ballot as required by law. The City Council shall be advised of any such amendments as soon as practicable. Section 4. Conflicts with Prior Inconsistent Ordinances and Resolutions; Florida Election Code. This Ordinance shall prevail to the extent that the provisions of this Ordinance conflict with any prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith. Specifically, and without limitation, the provisions set forth in Section 2-26 of the City Code shall not apply regarding rolling the mayor and two vacancy elections onto one single ballot. The Florida Election Code shall apply to the November 3, 2015 City election only to the extent the Florida Election Code preempts municipal ordinances or expressly applies to municipalities. However, this Ordinance shall prevail to the extent of any conflicts with the applicable provisions of the Florida Election Code to the extent allowed under Section 100.3605, Florida Statutes. Section 5. No Incorporation Into Code. This Ordinance shall not be incorporated into the Cape Canaveral City Code. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, City of Cape Canaveral Ordinance No. 08 - 2015 Page 6 of 7 distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and shall be effective until the 61 st day following the date on which it was adopted pursuant to section 2.14 of the City Charter. However, upon the occurrence of the 61st day, this Ordinance shall be deemed automatically reenacted for a period of time to certify the results of the general election on November 3, 2015, not to exceed 60 days after the automatic reenactment, unless this Ordinance is expressly repealed by the City Council before said date. ADOPTED; by at least a two- thirds vote of the City Council of the City of Cape Canaveral, Florida, this 7th day of August, 2015. Rocky Randels, Mayor ATTEST: (Signature) ANGELA APPERSON, City Clerk, MMC For Against John Bond X Bob Hoog X Buzz Petsos X (Motion) Rocky Randels X Betty Walsh X (Second) Approvlegal form and sufficiency for the City of Cape Canaveral only by: (Signature) ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 08 - 2015 Page 7 of 7 1 ORDINANCE NO. 34-2021 2 3 4 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 5 CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REGARDING 6 THE NOVEMBER 2, 2021 GENERAL ELECTION; DECLARING A 7 SPECIAL ELECTION OF THE ELECTORS OF THE CITY TO FILL TWO 8 PROSPECTIVE CITY COUNCIL VACANCIES DUE TO TWO 9 RESIGN -TO -RUN RESIGNATIONS RECENTLY FILED WITH THE CITY 10 CLERK BY TWO MEMBERS OF THE CURRENT CITY COUNCIL; 11 PROVIDING THAT SUCH ELECTION SHALL OCCUR DURING THE 12 REGULARLY SCHEDULED ELECTION FOR THE OFFICE OF MAYOR 13 ON NOVEMBER 2, 2021 IN ACCORDANCE WITH THE CITY CHARTER 14 ' AND CITY CODE; PROVIDING PROCEDURES FOR GOVERNING THE 15 CONDUCT OF SAID GENERAL ELECTION; PROVIDING FOR 16 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 17 18 19 WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article 20 VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly 21 prohibited by law; and 22 23 WHEREAS, the City Council is authorized by Section 166.041 (3)(b), Florida Statutes, and 24 Section 2.14 of the City Charter, to adopt emergency ordinances by 2/3 vote of the City Council in 25 cases when City Council action is expeditiously required to address an emergency situation; and 26 27 WHEREAS, pursuant to Sections 6.01 and 6.03 of the City Charter and Section 2-26 of the 28 City. Code, the City is scheduled to conduct a general election to elect a Mayor on November 2, 29 2021;and 30 31 WHEREAS, the qualifying period for the election of Mayor is currently scheduled to 32 commence on Monday, August 2, 2021, and end on Friday, August 13, 2021 in accordance with 33 Section 26-3 of the City Code; and 34 35 WHEREAS, the Supervisor of Elections has advised the City that the deadline for submitting 36 candidate names for municipal elections held on November 2, 2021 is August 16, 2021; and 37 38 WHEREAS, at least 10 days prior to the commencement of the qualifying period, two sitting 39 councilmembers submitted letters of resignation with a prospective effective date of November 16, 40 2021 pursuant to the requirements of Section 99.012, Florida Statutes ("resign -to -run law"); and 41 42 WHEREAS, in accordance with Section 99.012(3)(f)2., Florida Statutes, the subject offices of 43 the two resigning councilmembers shall be deemed vacant upon the effective date of the 44 resignation submitted by the official in his or her letter of resignation, which in this case will be 45 November 16, 2021; the day that the newly elected Mayor is required to take office as required by 46 the City Charter; and City of Cape Canaveral Ordinance No. 34-2021 Page 1 of 7 1 2 WHEREAS, due to the resignations, the City will be required to fill the vacancies created on 3 the City Council for the remainder of the unexpired terms of the two resigning city councilmembers 4 as provided by Section 2.06 of the City Charter; and 5 6 WHEREAS, Section 2.06 of the City Charter generally provides that once the office of a 7 councilmember becomes vacant, the City Council, by majority vote, shall be required to fill the 8 vacancy by appointment until the next general election, at which time the electors of the City shall 9 be required to elect a candidate to fill the vacancies for the remainder of the term or elect a 10 candidate to serve a new three year term based on the City's regular election cycle; and 11 12 WHEREAS, the City Council hereby finds that the appointment powers bestowed upon the 13 City Council by City Charter to fill councilmember vacancies are intended to allow the City Council 14 to fill a vacancy on a temporary basis because the electors have reserved the right to elect a person 15 to fill the same vacancies at the "next general election". See State v. Gamble, 13 Fla. 9 (1869) 16 (construing the power of the Governor to fill a vacancy until "the next election" to mean that the 17 appointment power to fill the office is not for the remainder of the unexpired term and that the 18 power remains with the people); See also, Model City Charter 8th Edition, Section 2.06 Commentary 19 (interpreting similar language to mean "the council shall temporarily fill vacancies until the next 20 general election, when the voters will fill such vacancies for the remainder of the term); and 21 22 WHEREAS, due to the fact that the two letters of resignation were filed with the City prior to 23 the upcoming qualifying period and the November 2, 2021 general election, the City Council 24 finds that there is an "intervening general election" scheduled to occur before the statutorily 25 imposed effective date of the resignations on November 16, 2021, and before the City Council 26 would be authorized by City Charter to temporarily fill the vacancies; and 27 28 WHEREAS, the City Council hereby takes legislative notice of the detailed memorandum of 29 law provided to the City by the City Attorney, dated August 5, 2015 (which the City Attorney has 30 opined for purposes of this Ordinance is still applicable today), and the Florida cases and other legal 31 authority cited therein, for purposes of providing the City Council guidance relevant to interpreting 32 Section 2.06 of the City Charter under these particular circumstances when there is an "intervening 33 general election" which may be appropriate to allow the City electors to fill any vacancies on the 34 City Council prior to the effective date of prospective effective dates of the councilmember 35 resignations which will be the cause of the vacancy; and 36 37 WHEREAS, specifically, the City Council takes notice of Spector v. Glisson, 305 So. 2d 777, 38 782 (Fla. 1974), wherein the Florida Supreme Court held that if a judicial vacancy is known reasonably 39 in advance of an intervening primary and general election, the vacancy must be filled by election. 40 The Court further stated that "We have historically since the earliest days of our statehood resolved 41 as the public policy of this State that interpretations of the constitution, absent clear provision 42 otherwise, should always be resolved in favor of retention in .the people of the power and 43 opportunity to select officials of the people's choice, and that vacancies in elective office should be 44 filled by the people at the earliest practical date." In other words, the Florida Supreme Court has 45 emphasized that there is a strong preference for elections in Florida: City of Cape Canaveral Ordinance No. 34-2021 Page 2 of 7 1 2 We feel that it necessarily follows from this consistent view and steadfast public 3 policy of this State as expressed above, that if the elective process is available, and 4 if it is not expressly precluded by the applicable language, it should be utilized to 5 fill any available office by vote of the people at the earliest possible date. Thus the 6 elective process retains that primacy which has historically been accorded to it 7 consistent with the retention of all powers in the people, either directly or through 8 their elected representatives in their Legislature, which are not delegated, and also 9 consistent with the priority of the elective process over appointive powers except 10 where explicitly otherwise provided. We thereby continue the basic premise of our 11 democratic form of government, that it is a 'government of the people, by the 12 people and for the people. 13 14 Spector v. Glisson, 305 So. 2d 777, 782 (Fla. 1974). 15 16 WHEREAS, in addition, in Judicial Nominating Com'm, Ninth Cir. v. Graham, 424 So. 2d 10 17 (Fla. 1982), the Florida Supreme Court concluded that "the constitution mandates an election when 18 there is sufficient time to afford the electorate an opportunity to fill a judicial vacancy." Id.. The 19 Court also summarized its conclusion as follows: 20 21 In summary, if the vacancy is known in sufficient time to schedule a special 22 election during the already scheduled primary and general election dates, then 23 a special election should be held. On the other hand, if an irrevocable 24 communication of an impending vacancy is presented to the governor at the time 25 of or after the first primary, then we have held there is insufficient time to use the 26 primary and general election process during that year and the governor is 27 authorized to use the merit selection process for a term ending in January following 28 the general election two years later. 29 30 Graham, 424 So. 2d 10, 12 (Fla. 1982) (bold emphasis added); See also, Padovano, J., dissenting, 31 Trotti v. Detzner, 147 So. 3d 641, 645 (Fla. 1st DCA 2014) (concluding that the rationale of the 32 Spector decision is as compelling today as it was over 40 years ago in that elective offices should 33 be filled by elections whenever possible); and 34 35 WHEREAS, based on the aforesaid, the City Council hereby finds that the November 2, 36 2021 regularly scheduled general election on November 2, 2021 is an "intervening general election" 37 because the effective date of the prospective resignations of November 16, 2021 is known by the 38 City in sufficient time to schedule a special election to fill the two vacancies during the already 39 scheduled general election date, and therefore, the City should conduct an election to fill the 40 vacancies and allow the electors of Cape Canaveral an opportunity to elect candidates of their 41 choice to fill the unexpired terms of`the councilmembers pursuant to Section 2.06 of the City 42 Charter; and 43 44 WHEREAS, the City Council also takes legislative notice of Section 100.3605, Florida 45 Statutes, and Sarasota Alliance For Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886-87 (Fla. 2010), City of Cape Canaveral Ordinance No. 34-2021 Page 3 of 7 1 and recognizes that the Legislature has granted local governments extensive power to control many 2 aspects of the local election process and that while the Florida Election Code. is a detailed and 3 extensive statutory scheme, the Florida Supreme Court has held that the Legislature has not evinced 4 an intent to preempt the field of election laws; and 5 6 WHEREAS, in furtherance of the City Council's desire to conduct an election to fill the two 7 prospective vacancies, the City Council desires to also exercise its authority to adopt procedures for 8 the conduct of municipal elections within the City of Cape Canaveral to the extent not preempted 9 or in conflict with the specific provisions of the Florida Election Code that are expressly applicable 10 to municipalities, and to the extent not preempted or in conflict, it is the intent and purposes of this 11 Ordinance that the election procedures adopted by the City Council shall prevail; and 12 13 WHEREAS, the intent and purpose of exercising this local authority is to conduct an orderly 14 City election whereby the electors of the City of Cape Canaveral are afforded a reasonable, 15 opportunity to participate in the qualifying and selection of candidates at the November 2, 2021 16 general election for purposes of not only electing a new Mayor, but also to fill the two 17 councilmember vacancies that will become effective on November 16, 2021; and 18 19 WHEREAS, the City Council finds that it is imperative to adopt this Ordinance so that eligible 20 candidates and the public are aware of the City Council's decision to conduct an election on 21 November 2, 2021 to fill the two prospective vacancies in accordance with Section 2.06 of the City 22 Charter and other applicable provisions of the City Charter, City Code and law; and -23 24 WHEREAS, the City Council finds that an emergency situation exists requiring the City 25 Council to enact this Ordinance by emergency procedures without the regular requirement of 26 publishing a public advertisement in a newspaper of general circulation 10 days prior to adoption 27 because time is of the essence to publicly announce the election to fill the two vacancies, qualify 28 eligible candidates, and to modify local procedures and requirements set forth in the City's 29 election code in order to facilitate said election; and 30 31 WHEREAS, the City Council also finds that an emergency situation exists because time is of 32 the essence for the City Council to take necessary and immediate action to promote and protect 33 the electors' right to elect qualified candidates to serve on the City Council before critical election 34 qualifying and ballot deadlines for the November 2, 2021 election expire; and 35 36 WHEREAS, the City Council finds that absent the ability of the City Council to adopt this 37 Ordinance by emergency procedures, the City Council would not have the ability to adopt necessary 38 election procedures to preserve the elector's right to choose councilmembers of their choice before 39 the critical qualifying and ballot deadline for the November 2, 2021 election expire; and 40 41 WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance to be 42 in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 43 44 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: 45 City of Cape Canaveral Ordinance No. 34-2021 Page 4 of 7 1 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 2 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 3 Canaveral. 4 5 Section 2. Call for a Special Election on November 2, 2021 to Fill Vacancies. Due to the 6 letters of resignation from the City Council submitted to the City Clerk by councilmember Mike 7 Brown, dated July 23, 2021, and councilmember Wes Morrison, dated July 23, 2021, the City Council 8 hereby finds that said resignations shall take effect on November 16, 2021 by operation of law. 9 Further, upon the effective date, two vacancies on the City Council will occur. Therefore, pursuant 10 to Section 2.06 of the City Charter, the City Council hereby finds and declares that said prospective 11 vacancies shall be filled by the electors of the City at the November 2, 2021 general election. 12 13 Section 3. Election Procedures. The following procedures shall govern the conduct of the 14 City's general election to be held on November 2, 2021: 15 16 1. The election to fill the two vacant councilmember seats shall be by separate ballot 17 from the mayoral race pursuant to Section 2-26 of the City Code. Further, the election of the two 18 vacant councilmember seats shall be conducted on a single ballot in accordance with the 19 procedures and requirements set forth herein. The election of the mayor shall be a separate ballot 20 as originally scheduled. The candidate receiving the greatest number of votes on the ballot to fill 21 the two vacancies shall be elected to the office of a councilmember to serve the unexpired two (2) 22 year term of councilmember Morrison's current seat. The candidate receiving the second -greatest 23 number of votes on the ballot to fill the two vacancies shall be elected to the office of a 24 councilmember to serve the unexpired one (1) year term of councilmember Brown's current seat. 25 In the event that two or more persons receive an equal and highest number of votes for the 26 same office, such persons shall draw lots to determine who shall be elected to the office in 27 question per Section 100.181, Florida Statutes. Further, in the event that only two persons qualify 28 for the election to fill the two vacancies, the two candidates shall draw Tots on November 16, 29 2021 to determine which candidate will serve the unexpired two year term and the loser serving 30 the unexpired one year term. 31 32 After candidates have been elected as provided above by the greatest number of votes, and 33 one or more offices remains open due to an insufficient number of candidate(s) qualifying for the 34 election, said office(s) shall be deemed vacant on November 16, 2021, and the City Council shall 35 appoint a duly qualified person(s) to fill any such vacancy on or within 90 days of November 16, 36 2021 pursuant to section 2.06 of the City Charter. 37 38 . 2. The City Clerk shall immediately. notify the Brevard County Supervisor of Elections of 39 the City Council's decision to conduct an election to fill the two vacancies on the City Council at the 40 November 2, 2021 general election, and ensure that the Supervisor of Elections consents to the date 41 of the election pursuant to Section 100.151, Florida Statutes. If consent is not given, the City Clerk 42 shall immediately notify the City Council, City Manager, and City Attorney by email communication. 43 City of Cape Canaveral Ordinance No. 34-2021 Page 5 of 7 1 3. The qualifying period for the two vacant seats shall be the same as the election of 2 Mayor commencing on August 2, 2021 at 12:00 noon and ending on August 13, 2021 at 12:00 3 noon. 4 5 4. As soon as possible, the City Clerk shall provide public notice of the election and the 6 qualifying period set forth in paragraphs 1 and 2. Such notice shall be by publication in a newspaper 7 of general circulation within the City, posting on bulletin boards located at the City library, City Hall, 8 appropriate Parks and Recreation facilities, the City website and any other City social media 9 platforms deemed appropriate, and any other places located within the territorial limits of the City 10 expressly required by law for municipal elections or deemed reasonable by the City Clerk. This 11 notice shall be in addition to the general election notice required by section 100.342, Florida 12 Statutes. 13 14 5. The following ballot instructions shall apply: 15 16 (a) To the extent permitted by law, the ballot used for the election shall be in a form 17 substantially as follows: 18 19 CITY OF CAPE CANAVERAL 20 TWO CITY COUNCIL VACANCIES 21 (Vote for Two) 22 23 Candidate Name 24 25 Candidate Name 26 27 Candidate Name 28 29 Candidate Name 30 31 32 (b) In the event the proposed ballot must be amended, the City Manager, in consultation 33 with the City Attorney and the Supervisor of Elections, shall be allowed to modify the ballot as 34 required by law. The City Council shall be advised of any such amendments as soon as practicable. 35 36 Section 4. Conflicts with Prior Inconsistent Ordinances and Resolutions; Florida Election Code. 37 This Ordinance shall prevail to the extent that the provisions of this Ordinance conflict with any prior 38 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and 39 resolutions in conflict herewith. The Florida Election Code shall apply to the November 2, 2021 City 40 election only to the extent the Florida Election Code preempts municipal ordinances or expressly 41 applies to municipalities. However, this Ordinance shall prevail to the extent of any conflicts with the 42 applicable provisions of the Florida Election Code to the extent allowed under Section 100.3605, Florida 43 Statutes. 44 City of Cape Canaveral Ordinance No. 34-2021 Page 6 of 7 1 Section 5. No Incorporation Into Code. This Ordinance shall not be incorporated into the Cape 2 Canaveral City Code. 3 4 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision 5 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 6 jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a 7 separate, distinct and independent provision, and such holding shall not affect the validity of the 8 remaining portions of this Ordinance. 9 10 Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption 11 by the City Council of the City of Cape Canaveral, Florida, and shall be effective until the 61st day 12 following the date on which it was adopted pursuant to section 2.14 of the City Charter. However, 13 upon the occurrence of the 61st day, this Ordinance shall be deemed automatically reenacted for a 14 period of time to certify 'the results of the general election on November 2, 2021, not to exceed 60 15 days after the automatic reenactment, unless this Ordinance is expressly repealed by the City Council 16 before said date. 17 18 ADOPTED, by at least a two-thirds vote of the City 'o cil of the ity of Cape Canaveral, Florida, 19 this 27th day of July, 2021. 20 21 (Signature) 22 Bob Hoog,, Mayor 23 24 25 26 27 ATTEST: For Against 28 29 Mike Brown X 30 31 Robert Hoog X 32 33 Mickie Kellum Second 34 35 Wes Morrison X 36 37 Angela Raymond Motion 38 (Signature) 39 Mia Goforth, CMC 40 City Clerk 41 Approved as to legal form and sufficiency 42 for the City of Cape Canaveral only by: 43 (Signature) 44 Anthony A. Garganese, City Attorney 45 City of Cape Canaveral Ordinance No. 34-2021 Page 7 of 7 1 ORDINNACE NO. 02-2022 Attachment 4 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING AN 5 ELECTION PROCEDURE UNDER CHAPTER 26 OF THE CITY CODE TO BE 6 UTILIZED TO CONDUCT SPECIAL ELECTIONS OF THE ELECTORS OF 7 THE CITY TO FILL CITY COUNCIL VACANCIES THAT MAY OCCUR IN 8 THE FUTURE AS A RESULT OF ONE OR MORE COUNCILMEMBERS 9 FILING A NOTICE OF RESIGNATION WITH A PROSPECTIVE EFFECTIVE 10 DATE TO RUN FOR A DIFFERENT OFFICE IN ACCORDANCE WITH 11 FLORIDA'S RESIGN -TO -RUN LAW IN INSTANCES WHEN THERE IS AN 12 INTERVENING GENERAL CITY ELECTION; PROVIDING THAT ANY 13 SUCH SPECIAL ELECTION SHALL OCCUR AT THE SAME TIME AS THE 14 REGULARLY SCHEDULED INTERVENING GENERAL ELECTION IN 15 ACCORDANCE WITH THE CITY CHARTER AND CITY CODE; PROVIDING 16 FOR CONFLICTS, SEVERABILITY, INCORPORATION INTO THE CODE, 17 AND AN EFFECTIVE DATE. 18 19 WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article 20 VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly 21 prohibited by law; and 22 23 WHEREAS, during two recent mayoral elections in 2015 and 2021, two sitting 24 councilmembers, with remaining terms of one and two years, resigned to run for mayor pursuant 25 to Florida's Resign -to -Run law (sec. 99.012, Fla. Stat.); and 26 27 WHEREAS, in both elections, the resignations submitted by the councilmembers were filed 28 with the City Clerk at least one week prior to the commencement of the qualifying period for the 29 office of mayor, and with a prospective effective date closely corresponding to the date of when the 30 newly elected mayor was scheduled to take office as allowed by Florida's Resign -to -Run law; and 31 32 WHEREAS, due to the resignations, the City Council, in both instances, was required to fill 33 the vacancies created on the City Council for the remainder of the unexpired terms of the two 34 resigning city councilmembers as provided by Section 2.06 of the City Charter; and 35 36 WHEREAS, in 2015 and 2021, the City Council, after seeking and being given advice from 37 the City Attorney in a detailed memorandum of law dated August 5, 2015, adopted an emergency 38 ordinance in favor of scheduling a special election to allow the citizens of Cape Canaveral the 39 opportunity to fill the prospective vacancies in conjunction with the mayoral election, in lieu of the 40 City Council filling the vacancies in the future by appointment when the resignations became 41 effective and the councilmembers left office; and 42 43 WHEREAS, the two elections in 2015 and 2021 brought to light the issue that when an 44 incumbent councilmember invokes the provisions of the Florida Resign -to -Run Law in certain 45 situations, an intervening general election may exist that will permit the City Council to fill the future City of Cape Canaveral Ordinance No. 02-2022 Page 1 of 7 1 prospective vacancy by special election versus waiting for the vacancy to become effective and then 2 filling it by appointment; and 3 4 WHEREAS, the City Council has previously declared that in such situations, the City Council 5 favors, as a matter of policy, allowing the electors of the City of Cape Canaveral to fill the prospective 6 vacancy if there were an intervening City general election that would allow the City to timely 7 qualify candidates for the vacant councilmember seat; and 8 9 WHERAEAS, in furtherance of this policy and to avoid a similar need to consider and adopt 10 emergency ordinances in the future related to councilmember vacancies caused by resignations to 11 run for a different office, the City Council now desires to adopt and incorporate into the City's 12 Election Code the election procedure successfully utilized by the City to fill councilmember 13 vacancies caused by Florida's Resign -to -Run Law during the 2015 and 2021 mayoral general 14 elections; and 15 16 WHEREAS, in furtherance of preserving the right of citizens to elect councilmembers of their 17 choice, the City Council also desires to restate the findings and case law relied upon by prior City 18 Councils to interpret the City Charter and successfully conduct special elections when vacancies 19 occur by resignations of councilmembers under Florida's Resign -to -Run Law; and 20 21 WHEREAS, the City Council declares that there is a sound legal basis for this policy decision 22 to supplement the City Council election and appointment procedures set forth in the City Charter; 23 and 24 25 WHEREAS, Section 2.06 of the City Charter generally provides that once the office of a 26 councilmember becomes vacant, the City Council, by majority vote, shall be required to fill the 27 vacancy by appointment until the next general election, at which time the electors of the City shall 28 be required to elect a candidate to fill the vacancies for the remainder of the term or elect a 29 candidate to serve a new three year term based on the City's regular election cycle; and 30 31 WHEREAS, the City Council, however, has historically interpreted Section 2.06 to mean that 32 the appointment powers bestowed upon the City Council by City Charter to fill councilmember 33 vacancies are intended to allow the City Council to fill a vacancy on a temporary basis because the 34 electors have reserved the right to elect a person to fill the same vacancies at the "next general 35 election." See State v. Gamble, 13 Fla. 9 (1869) (construing the power of the Governor to fill a 36 vacancy until "the next election" to mean that the appointment power to fill the office is not for the 37 remainder of the unexpired term and that the power remains with the people); See also, Model City 38 Charter 8th Edition, Section 2.06 Commentary (interpreting similar language to mean "the council 39 shall temporarily fill vacancies until the next general election, when the voters will fill such vacancies 40 for the remainder of the term); and 41 42 WHEREAS, relevant to interpreting Section 2.06 of the City Charter consistent with 43 prevailing legal authority, and under the circumstances presented in 2015 and 2021, the City Council 44 found that given the timing of the irrevocable notices of resignation in accordance with Florida's 45 Resign -to -Run Law, which were filed prior to qualifying and election of the mayor, an "intervening City of Cape Canaveral Ordinance No. 02-2022 Page 2 of 7 1 general election" existed which made it appropriate to call a special election before the vacancies 2 occurred for purposes of allowing the City electors to fill any vacancies on the City Council prior to 3 the effective date of the vacancies, rather than by City Council appointment; and 4 5 WHEREAS, in support of its reasoning that an "Intervening general election" existed, the 6 City Council took legislative notice of Spector v. Glisson, 305 So. 2d 777, 782 (Fla. 1974), wherein the 7 Florida Supreme Court held that if a judicial vacancy is known reasonably in advance of an 8 intervening primary and general election, the vacancy must be filled by election. The Court further 9 stated that "We have historically since the earliest days of our statehood resolved as the public 10 policy of this State that interpretations of the constitution, absent clear provision otherwise, should 11 always be resolved in favor of retention in the people of the power and opportunity to select officials 12 of the people's choice, and that vacancies in elective office should be filled by the people at the 13 earliest practical date." In other words, the Florida Supreme Court has emphasized that there is a 14 strong preference for elections in Florida: 15 16 We feel that it necessarily follows from this consistent view and steadfast public 17 policy of this State as expressed above, that if the elective process is available, and 18 if it is not expressly precluded by the applicable language, it should be utilized to 19 fill any available office by vote of the people at the earliest possible date. Thus the 20 elective process retains that primacy which has historically been accorded to it 21 consistent with the retention of all powers in the people, either directly or through 22 their elected representatives in their Legislature, which are not delegated, and also 23 consistent with the priority of the elective process over appointive powers except 24 where explicitly otherwise provided. We thereby continue the basic premise of our 25 democratic form of government, that it is a 'government of the people, by the 26 people and for the people. 27 28 Spector v. Glisson, 305 So. 2d 777, 782 (Fla. 1974); and 29 30 WHEREAS, the City Council also relied upon Judicial Nominating Com'm, Ninth Cir. v. 31 Graham, 424 So. 2d 10 (Fla. 1982), concluding that "the constitution mandates an election when 32 there is sufficient time to afford the electorate an opportunity to fill a judicial vacancy." Id. The 33 Court also summarized its conclusion as follows: 34 35 In summary, if the vacancy is known in sufficient time to schedule a special 36 election during the already scheduled primary and general election dates, then 37 a special election should be held. On the other hand, if an irrevocable 38 communication of an impending vacancy is presented to the governor at the time 39 of or after the first primary, then we have held there is insufficient time to use the 40 primary and general election process during that year and the governor is 41 authorized to use the merit selection process for a term ending in January following 42 the general election two years later. 43 44 Graham, 424 So. 2d 10, 12 (Fla. 1982) (bold emphasis added); See also, Padovano, J., dissenting, 45 Trotti v. Detzner, 147 So. 3d 641, 645 (Fla. 1st DCA 2014) (concluding that the rationale of the City of Cape Canaveral Ordinance No. 02-2022 Page 3 of 7 1 Spector decision is as compelling today as it was over 40 years ago in that elective offices should 2 be filled by elections whenever possible); and 3 4 WHEREAS, based on the aforesaid, the City Council previously declared in 2015 and 2021 5 that an "intervening general election" existed supporting a special election to fill the councilmember 6 vacancies because the effective date of the prospective resignations was known by the City in 7 sufficient time to schedule a special election to fill the two vacancies during the already scheduled 8 mayoral general election date, and therefore, the City Council determined that the City should 9 conduct a special election to fill the vacancies and allow the electors of Cape Canaveral an 10 opportunity to elect candidates of their choice to fill the unexpired terms of the councilmembers 11 pursuant to Section 2.06 of the City Charter; and 12 13 WHEREAS, the City Council also took legislative notice of Section 100.3605, Florida Statutes, 14 and Sarasota Alliance For Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886-87 (Fla. 2010), and 15 recognized that the Legislature has granted local governments extensive power to control many 16 aspects of the local election process and that while the Florida Election Code is a detailed and 17 extensive statutory scheme, the Florida Supreme Court has held that the Legislature has not evinced 18 an intent to preempt the field of election laws; and 19 20 WHEREAS, the intent and purpose of exercising this local authority is to conduct an orderly 21 City election when necessary whereby the electors of the City of Cape Canaveral are afforded a 22 reasonable opportunity to participate in the qualifying and selection of candidates to fill 23 councilmember vacancies occurring under circumstances previously experienced during the 2015 24 and 2021 mayoral general election as a result of Florida's Resign -to -Run Law when there is a City 25 intervening general election; and 26 27 WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance to be 28 in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 29 30 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: 31 32 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 33 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 34 Canaveral. 35 36 Section 2. Code Amendment to Chapter 26 — Elections. The City of Cape Canaveral 37 Code of Ordinances, Chapter 26 — Elections is hereby amended as set forth below (underlined type 38 indicates additions and strikeout type indicates deletions, while *** indicate deletions from this 39 Ordinance of said Chapter that shall remain unchanged in the City Code): 40 41 CHAPTER 26 - ELECTIONS 42 43 *** 44 Sec. 26-6 Council Vacancies - Resign -to -Run Law and Intervening City General Election City of Cape Canaveral Ordinance No. 02-2022 Page 4 of 7 1 2 (a) Whenever a vacancy on the city council is caused by one or more councilmember(s) 3 resigning from their councilmember seat(s), pursuant to the requirements of Florida's Resign-to- 4 Run Law, in order to run for a different office, and the vacancy or vacancies will take effect 5 prospectively and said notice of resignation is filed with sufficient time to allow the City to qualify 6 candidates to fill the vacancy or vacancies by election at the same time as the next regularly 7 scheduled general City election (aka an "Intervening General City Election"), the city clerk shall 8 conduct a special election to fill the vacancy or vacancies on the same election day as the general 9 City election in accordance with the requirements of this section and other applicable law. 10 11 (b) The special election to fill the vacant councilmember seat(s) shall be by separate ballot from 12 the ballot regularly scheduled to be conducted at the general City election. 13 14 (c) If the special election requires the filling of more than one councilmember vacancy, the 15 election to fill the vacancies shall be conducted on a single ballot in accordance with the procedures 16 and requirements set forth herein. The candidate receiving the greatest number of votes on the 17 ballot to fill the vacancies shall be elected to the office of a councilmember to serve the seat with 18 the greatest remaining term. The candidate receiving the next -greatest number of votes on the 19 ballot to fill the vacancies shall be elected to the seat with the next greatest remaining term, and so 20 on until each of the vacancies are filled. If two or more persons receive an equal and highest number 21 of votes for the same vacant seat, such persons shall draw lots to determine who shall be elected 22 to the seat in question per Section 100.181, Florida Statutes. Further, if the number of qualified 23 candidates equals the number of vacant seats to be filled by special election, both candidates will 24 be deemed elected, but shall, if necessary, draw lots on the day that they are required to take office 25 to determine which candidate will serve the seat with the greatest remaining term. 26 27 (d) After candidates have been elected as provided in this section by the greatest number of 28 votes, and one or more vacancies remain open due to an insufficient number of candidate(s) 29 qualifying for the special election, any unfilled councilmember seats shall be deemed vacant on the 30 date that the newly elected councilmember(s) are scheduled to take office, and the City Council 31 shall appoint a duly qualified person(s) to fill any such vacancy on or within 90 days of said date 32 pursuant to section 2.06 of the City Charter. 33 34 (e) The City Clerk is authorized to notify the Brevard County Supervisor of Elections of any 35 special election required by this section, and the City Clerk shall verify that the Supervisor of 36 Elections consents to the date of the special election pursuant to Section 100.151, Florida Statutes. 37 If consent is not given, the City Clerk shall immediately notify the City Council, City Manager, and 38 City Attorney by email communication, and the City Council may take whatever action is necessary 39 to fill any vacancy consistent with the requirements of the City Charter. 40 41 (f) The qualifying period for any special election required by this section shall be the same as 42 the City general election unless otherwise required by the City Council to provide a reasonable 43 qualifying period to conduct the special election. 44 City of Cape Canaveral Ordinance No. 02-2022 Page 5 of 7 1 As soon as possible, the City Clerk shall provide public notice of any special election and the 2 qualifying period required by this section. Such notice shall be by publication in a newspaper of 3 general circulation within the City, posting on bulletin boards located at the City library, City Hall, 4 appropriate Parks and Recreation facilities, the City website and any other City social media 5 platforms deemed appropriate, and any other places located within the territorial limits of the City 6 expressly required by law for municipal elections or deemed reasonable by the City Clerk. This 7 notice shall be in addition to the general election notice required by section 100.342, Florida 8 Statutes. 9 10 (10) The following ballot shall be used for the special election substantially as follows: 11 12 CITY OF CAPE CANAVERAL 13 [Insert # of] CITY COUNCIL VACANCIES 14 (Vote for [Insert # of vacancies]) 15 16 Candidate Name 17 18 Candidate Name 19 20 Candidate Name 21 22 Candidate Name 23 24 25 The City Manager, in consultation with the City Clerk, City Attorney and the Supervisor of 26 Elections, shall be allowed to modify the ballot as required by law. The City Council shall be advised 27 of any such amendments as soon as practicable. 28 29 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent 30 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and 31 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 32 33 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 34 Canaveral City Code and any section or paragraph, number or letter, and any heading may be 35 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and 36 like errors may be corrected and additions, alterations, and omissions, not affecting the 37 construction or meaning of this ordinance and the City Code may be freely made. 38 39 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision 40 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 41 jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed 42 a separate, distinct and independent provision, and such holding shall not affect the validity of the 43 remaining portions of this Ordinance. 44 City of Cape Canaveral Ordinance No. 02-2022 Page 6 of 7 1 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption 2 by the City Council of the City of Cape Canaveral, Florida. 3 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 5 of , 2022. 6 7 8 Wes Morrison, Mayor 9 10 ATTEST: 11 12 For Against 13 14 Mia Goforth, CMC Kim Davis 15 City Clerk 16 Mickie Kellum 17 18 Wes Morrison 19 20 Angela Raymond 21 22 Don Willis 23 24 First Reading: March 15, 2022 25 Advertisement: 26 Second Reading: 27 28 Approved as to legal form and sufficiency 29 for the City of Cape Canaveral only by: 30 31 32 Anthony A. Garganese, City Attorney 33 34 City of Cape Canaveral Ordinance No. 02-2022 Page 7 of 7 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Establishing a residency requirement for candidates seeking to qualify to run in City Council elections. Department: City Clerk's Office Summary: Per Sec. 2.02 (b) of the City Charter: The members of the city council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of registered voters of the City of Cape Canaveral. Any member of the city council who shall cease to have and possess the qualifications imposed on such office shall forfeit his or her office and said office shall immediately become vacant. The current Charter language only requires members of the City Council to be residents and registered voters in the City during a Council Member's term in office. The City Charter does not require candidates running in City Council elections to be either a resident or registered voter of the City. However, if a non-resident were to be elected to the City Council, the non-resident would be required to establish residency within the City of Cape Canaveral no later than the date that they assume office and remain a resident for the duration of their term in office. The lack of a residency qualification requirement for City Council elections dates back to the adoption of Ordinance No. 14-1989 on October 17, 1989 (Attachment 1). Prior to the adoption of that Ordinance, the City required candidates to be freeholders and a minimum of two years of residency as a registered voter in the City of Cape Canaveral prior to qualifying to run as a candidate for a City Council election. However, in 1989, the City Council repealed the freeholder and two-year residency requirement because the Council determined those requirements had been judicially determined to be in violation of the State and/or Federal Constitutional law. Most cities in Brevard County have a residency requirement for candidates seeking to qualify to run for elected office. The City of Cape Canaveral, on the other hand, is an outlier when it comes to imposing such a qualification (Attachment 2). Residency requirements have been found by the courts to serve a legitimate purpose, including assuring that a candidate is a bona fide resident of the city he or she seeks to represent, has lived there long enough to know the issues confronting the city, and is known by the voters. As seen in the attached comparison table of other Brevard County municipalities, over half require residency as a registered voter for one-year prior to qualifying. The City Attorney has advised that one-year requirements have found favor in the courts as a "reasonable residency requirement." For example, in Nichols v. State, 177 So. 2d 467 (Fla. 1965), the Florida Supreme Court held that a one-year durational residency requirement for city commission was not unreasonable and valid. Additionally, in Daves v. City of Longwood, 423 F.Supp. 503 (M.D. Fla., 1976), the United States District Court, Middle District of Florida, upheld a special act imposing one-year residency requirement to run for city council in the City of Longwood. City of Cape Canaveral City Council Meeting • March 15, 2022 Agenda Item # 9 Page 2 of 2 However, the City Attorney also advised that residency requirements beyond one-year, as the City formerly had in its Charter language, are constitutionally suspect. In fact, there are several cases around the country and in Florida that have examined that requirement and upon examination, invalidated two-year residency requirements as being unreasonable because the records presented in those cases did not demonstrate a compelling governmental interest to justify such a long duration in light of the scrutiny required by the Equal Protection Clause. See, e.g., Sarasota County v. Gustafson, 616 So. 2d 1165 (Fla. 2nd DCA 1993) (2-year residency requirement prior to qualifying for county elected office deemed unreasonable under Equal Protection Clause). Staff requests that Council discuss and provide direction on this matter. Per the City Attorney, if the City Council desires to impose a residency requirement, the residency requirement should be no longer than one year and will require the City Council to propose a referendum to the voters asking their approval to incorporate the residency requirement in the City Charter. To ensure enforceability, the residency requirement must be approved by the voters and incorporated into the Charter. Submitting Department Director: Mia Goforth Date: 3/7/22 Attachments: 1. Ordinance No. 14-1989 2. Residency requirements for elections qualifying of Brevard County municipalities Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/7/22 The City Manager recommends the City Council take the following action: Discuss and provide direction to Staff regarding establishing a residency requirement for candidates seeking to qualify to run in City Council elections. Approved by City Manager: Todd Morley Date: 3/7/22 Attachment 1 ORDINANCE NO. 14-89 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, DELETING FROM ARTICLE III, SECTION 1, OF THE CAPE CANAVERAL CHARTER, THE REQUIREMENTS THAT THE MAYOR AND MEMBERS OF THE CITY COUNCIL BE FREEHOLDERS WITHIN THE CITY AND REQUIRING THEM TO BE RESIDENTS OF THE CITY FOR A PERIOD OF TWO YEARS IMMEDIATELY PRECEDING THE ELECTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Article III, Section 1, of the Cape Canaveral Charter is hereby amended pursuant to the express authority. granted under Section 166.031(5), Florida Statutes, by deleting the requirement that the Mayor and City Council members be freeholders within the City and that they must be residents of the City for a period of two years immediately preceding their election, which said language has been judicially construed to be contrary to either state or federal constitutional law. Section 1 of Article III is hereby amended as follows: Section 1. Qualifications of Mayor and Councilmen. The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess qualifications of electors therein. Any member of the Council or any Mayor who shall cease to have and possess the qualifications imposed on such office or who shall, while in office, be convicted of a crime involving moral turpitude, shall forfeit his office and his seat shall immediately become vacant. Absence from four consecutive regular meetings of the City Council, or from thirty percent of the meetings held annually, shall operate to vacate the seat of a member of the City Council or the office of Mayor unless such absence shall be excused by a resolution duly adopted by the City Council. SECTION 2. All portions of the Code in conflict herewith are hereby repealed. ORDINANCE NO. 14-89 PAGE 1 OF 2 SECTION 3. This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of October , 1989. (Signature) Mayor Attest: (Signature) Deputy City Clerk Approved As to Form: (Signature) City Attorney First Reading 10-3-89 Posted: 10-4-89 Ad'vertised:10 10-5-89 Second Reading:10-17-89 NAME YES NO HOOG X KIDD X ___ X RANDELS Absent SALAMONE X Thurm X ORDINANCE NO. 14-89 PAGE 2 OF 2 Attachment 2 MUNICIPALITY POPULATION (EST.) (UF BEBR 2021) LENGTH OF RESIDENCY REQUIRED PRIOR TO QUALIFYING Cape Canaveral 9,959 None Cocoa 19,653 One (1) Year Cocoa Beach 11,346 One (1) Year Grant-Valkaria 4,612 Two (2) Years Indialantic 3,003 One (1) Year Indian Harbour Beach 9,017 One (1) Year Malabar 2,993 Half (1/2) Year Melbourne 84,800 One (1) Year Melbourne Beach 3,236 Half (1/2) Year Melbourne Village 695 One (1) Year Palm Bay 122,765 Two (2) Years Palm Shores 1,203 One (1) Year Rockledge 27,824 None Satellite Beach 11,332 One (1) Year Titusville 49,085 One (1) Year West Melbourne 28,127 One (1) Year CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Short -Term Rentals (STR) policy and execution along with the City of Cape Canaveral Contract Administration for with the service provider Pro Champs. Department: City Council (Legislative) Summary: The City Council adopted the new short term rental policy and approved the executed contract to help reduce the problems around some of the bigger complaints such as but not limited to noise, parking, litter and or not adhering to the existing 7 day minimum which have all been a violation of our city code for several years. When reviewing the City of Cape Canaveral webpage "How Do I Register My Vacation Rental" - it states: (Link) www.cityofcapecanaveral.org/vacationrentals All vacation rentals in the City of Cape Canaveral must have: • City of Cape Canaveral Business Tax Receipt (BTR) • Brevard County Business Tax Receipt (BTR) • Vacation rental property owners may complete a registration with PROCHAMPS. Under the ProChamps Registration Process it also states: Additional Registration Materials Required: • A copy of the vacation rental's current and active license as a transient public lodging establishment, as issued by Florida DBPR, if the registrant is required to have such license. Copy of the current City Business Tax Receipt. • Evidence of the vacation rental's current and active account with the Brevard County Tax Collector for the purposes of collecting and remitting tourist development taxes and any other taxes required by law. Knowing this, the attached report is a ProChamps Registration list that was provided by the City Staff. Three columns have been added to the report to include whether the each listed STR has a Brevard County Business Tax Receipt (BTR), City of Cape Canaveral BTR, and FL Department of Business and Professional Regulation (DBPR) license. When reviewing the attached report, it appears the above is not happening from those who have already completed the registration process with ProChamps and the City of Cape Canaveral. As of 02/24/2022, the attached report summary shows the following: • 304 STR's have been identified. 0 162 of the 304 have been registered ■ 10 of the 162 have DBPR, County & City Business Tax Receipts (BTR) City of Cape Canaveral City Council Meeting • March 15, 2022 Agenda Item # 10 Page 2 of 2 ■ 52 of the 162 have DBPR ■ 100 of the 162 have a BTR • This means that roughly 142 Registrations are still needed with an unknown status of their DBPR, County and or City Business Tax Receipts. It would be helpful for the City Council to understand collectively who is administering this process and how property owners were able to register with the City without all these required documents As a way to determine the effectiveness of our policy and execution I propose the City of Cape Canaveral provide an ongoing monthly report for information only at the Regular City Council Meetings that includes the following compliance items defined in the Agreement between the City and ProChamps. • ProChamps Registrations • City BTR, County BTR, and Department of Business and Professional Regulation • Remaining properties to be registered — enforcement and penalties • STRs not complying with 7 day rentals — enforcement and penalties • Posting of safety and Information Notice — Status • Inspections done • Notice of Violations Issued with the Type (Warnings) • Violation Citations Written with the Type • Upcoming Hearings Scheduled • Hearings Completed and Outcome • Monthly complaints which include both those complaints about STRs and also complaints from short term rental owners. Submitting Council Member: Mayor Wes Morrison Date: CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Discussion on Workshop prior to demolishing the building for the Promenade also known as the "Civic Hub." Summary: Discussion on Workshop prior to demolishing the building on the property just purchased by the city located south of City Hall to explore alternative uses and consider proposals made from citizens. Submitting Council Member: Council Member Wes Morrison Date: 3/2/2022 Attachment(s): CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 15, 2022 AGENDA ITEM SUMMARY • ITEM # 12 Subject: ProChamps Update — receive Report and no action to be taken. Item is presented for informational purposes only and no action will be taken. Department: Community and Economic Development Summary: At its December 21, 2021 Special Meeting, the Council requested that Staff prepare additional updates on the implementation of the ProChamps vacation rental platform. The following is provided: Latest available monthly metrics (1/1/2022 thru on 1/31/2022. This information, which is provided by ProChamps, runs 30-45 days behind current date): • Remittance to City - $4,500 • Number of properties sent a compliance letter for operating without a City BTR — 3 • Number of BTRs issued - 14 • Code Enforcement Actions — Code Enforcement is currently investigating a possible violation of the seven-day rental requirement. The necessary actionable data/documentation was received from ProChamps. Cumulative implementation metrics (10/1/2021 thru on 3/1/2022): • Number of vacation rental properties identified - 361 • Number of registered properties — 167 • Number of complaints — 3 Submitting Department Director: David Dickey Date: 3/8/22 F-' Attachment: n/a Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/8/22 The City Manager recommends the City Council take the following action: Receive Report and no action to be taken. Approved by City Manager: Todd Morley Date: 3/8/22 ITEM # 13 City of Cape Canaveral John DeLeo, Administrative/Financial Director P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1230 (321) 868-1248 fax j.deleo@cityofcapecanaveral.org Memo TO: The Honorable Mayor and Members of the City Council VIA: Todd Morley, City Manager FROM: John DeLeo, Administrative/Financial Services Director DATE: February 17, 2022 RE: Monthly Financial Report — January 2022 Staff is pleased to present the Monthly Financial Report for the period ending January 31, 2022. At this point in the Fiscal Year, the Year to Date Actuals should be 33.3% of the total annual budget. Total General Fund Departmental costs are under target at 33.3%. Administrative Services is running under target at 31%. Fire Rescue and Protective Services combined costs are over target by 7.9%. Community/Economic Development and Building/Code Enforcement are under cost by 16.7%. Leisure Services is 20.9% below target. Non -Departmental expenditures are over budgetary projections at 45.6%. The Community Redevelopment Agency (CRA) has incurred $2,198,282 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target by 3.8%. The Stormwater Fund is under target cost at 22.7%. The City's General Fund investments total $8,198,203.98; Special Revenue investments total $396,403.06; and Enterprise Fund investments total $560,845.37. The Grand total of all investments is $9,155,452.40. The Annual Rate of Return for each Investment is attached. If you have questions or wish anything additional, please contact me. City of Cape Canaveral Fund Narrative Period Ended January 31, 2022 Revenue Ad Valorem Tax To date, the City has received 83.6% of Ad Valorem revenue. The City should have seen the highest income in December and less income as the fiscal year continues. Local Option Gas Tax This amount represents actuals for October and November and accruals for December and January. It is slightly below target at 29.6%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents actuals for October and November and accruals for December and January. These are right on target at 33.3%. Permits and Licenses Permits and Licenses are below target at 22.3%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues This amount represents actuals for October and November and accruals for December and January. This revenue source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax. These are slightly above target at 34.6%. Garbage and Recycling Revenues This amount represents actual collections for October through December and an accrual for January. These are right on target at 33.2%. Recreation Fees (Leisure Services) Recreation Fees are right on target at 34.0%. This revenue source continues to have unknown ramifications of COVID-19. Investment Income Investment Income is below target at 18.9%. This is a direct result of a fluctuating market in the rate of return. Future events may affect current rate of return. Utility Operating Income (Wastewater Fund) This amount represents actual collections for October through December and an accrual for January. It is right on target at 33.8%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October through December and an accrual for January. It is slightly below target at 31.3%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31,2022 GENERAL FUND FY 2021-2022 JAN 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,401,200 0.0% 467,067 Cash Forward - R&R 595,500 0.0% 198,500 Ad Valorem Taxes 5,138,467 4,297,438 83.6% 1,712,822 Local Option Gas Tax 320,000 94,589 29.6% 106,667 Franchise Fees 844,168 286,192 33.9% 281,389 Utility Taxes 1,237,596 403,249 32.6% 412,532 Communications Service Tax 392,450 130,700 33.3% 130,817 Permits & Licenses 666,800 148,730 22.3% 222,267 Impact Fees 701,250 920 0.1% 233,750 State Grants 253,600 0.0% 84,533 State Shared Revenue 946,795 327,817 34.6% 315,598 Local Shared Revenue 138,918 0.0% 46,306 Charges for Services 24,250 10,397 42.9% 8,083 Garbage & Recycling Revenue 1,216,484 403,710 33.2% 405,495 Recreation Fees 75,375 25,592 34.0% 25,125 Fines & Forfeitures 14,325 2,898 20.2% 4,775 Interest Income 57,270 10,844 18.9% 19,090 Fire Hydrant Rental Fee 81,800 20,543 25.1% 27,267 Miscellaneous Revenue 95,300 7,927 8.3% 31,767 PAL Program Revenue 41,000 38,869 94.8% 13,667 Transfer from School Guard Crossing Fund 2,050 0.0% 683 Transfer from CC Redevelopment Fund 686,093 0.0% 228,698 Contribution from Wastewater Fund 707,506 235,835 33.3% 235,835 Contribution from Stormwater Fund 19,566 6,522 33.3% 6,522 Loan Proceeds 3,950,000 1,450,000 36.7% 1,316,667 TOTAL REVENUES $ 19,607,763 $ 7,902,772 40.3% $ 6,535,921 EXPENDITURE Legislative 74,948 40,591 54.2% 24,983 Administrative Services 575,650 178,302 31.0% 191,883 Comm Dev/Code Enf/Econ Development 791,259 213,825 27.0% 263,753 Protective Services 3,309,761 1,319,337 39.9% 1,103,254 Fire/Rescue Services 2,647,475 915,735 34.6% 882,492 Building 330,190 75,597 22.9% 110,063 Infrastructure Maintenance 1,405,460 513,667 36.5% 468,487 Community and Cultural Affairs 295,128 62,824 21.3% 98,376 Leisure Services 1,348,753 220,934 16.4% 449,584 Legal Services 297,432 36,870 12.4% 99,144 Solid Waste 1,211,916 302,606 25.0% 403,972 Debt Service 1,292,475 0.0% 430,825 Non-Departmental 5,792,823 2,644,138 45.6% 1,930,941 Contingency 234,493 0.0% 78,164 TOTAL EXPENDITURES $ 19,607,763 $ 6,524,426 33.3% $ 6,535,921 Excess of Revenues Over/(Under) Expenditures $ 1,378,345 Page 1 of 6 City of Cape Canavera Statement of Revenues & Expenditures Period Ended January 31,2022 POLICE EDUCATION FUND FY 2021-2022 JAN 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,380 228 16.5% 460 Interest Income 230 40 17.3% 77 TOTAL REVENUES $ 1,610 $ 268 16.6% $ 537 EXPENDITURE Education & Training - 0.0% - Contingency 1,610 0.0% 537 TOTAL EXPENDITURES $ 1,610 $ - 0.0% $ 537 Excess of Revenues Over / (Under) Expenditures $ 268 FIRE PROTECTION FUND FY 2021-2022 JAN 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - 0.0% - Interest Income 504 102 20.3% 168 Impact Fees 9,500 0.0% 3,167 TOTAL REVENUES $ 10,004 $ 102 1.0% $ 3,335 EXPENDITURE Transfer to General Fund - 0.0% - Contingency 10,004 0.0% 3,335 TOTAL EXPENDITURES $ 10,004 $ - 0.0% $ 3,335 Excess of Revenues Over / (Under) Expenditures $ 102 Page 2 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31,2022 SCHOOL CROSSING GUARD FUND FY 2021-2022 JAN 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 400 Parking Fine Surcharge 850 110 12.9% 283 Interest Income - 0.0% - TOTAL REVENUES $ 2,050 $ 110 5.4% $ 683 EXPENDITURE Transfer to General Fund 2,050 0.0% 683 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,050 $ - 0.0% $ 683 Excess of Revenues Over / (Under) Expenditures $ 110 LIBRARY FUND FY 2021-2022 JAN 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward - 0.0% - Ad Valorem Taxes 67,481 56,499 83.7% 22,494 Ad Valorem Tax Delinquent 50 0.0% 17 Tax Penalty Income 60 4 7.4% 20 Interest Income 6,180 1,118 18.1% 2,060 Interest- Library Impact Fees - 0.0% - Interest-Tax Collections 42 2 4.2% 14 Impact Fees-Library 12,100 160 1.3% 4,033 Miscellaneous Revenue - 0.0% - TOTAL REVENUES $ 85,913 $ 57,783 67.3% $ 28,638 EXPENDITURE Operating Expenses 40,100 13,289 33.1% 13,367 Capital Purchases 30,000 6,092 20.3% 10,000 Contingency 15,813 0.0% 5,271 TOTAL EXPENDITURES $ 85,913 $ 19,381 22.6% $ 28,638 Excess of Revenues Over/(Under) Expenditures $ 38,403 Page 3 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31,2022 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2021-2022 JAN 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward - 0.0% Shared Revenue from Cape Canaveral 943,062 943,062 100.0% - Shared Revenue from Brevard County 943,062 943,062 100.0% 314,354 Interest Income 288 0.0% 96 Transfer from General Fund 3,793,193 1,450,000 38.2% 1,264,398 Transfer from Stormwater 65,000 65,000 100.0% 21,667 TOTAL REVENUES $ 5,744,605 $ 3,401,124 59.2% $ 1,600,514 EXPENDITURE Operating Expenses 11,559 565 4.9% 3,853 Capital Purchases 4,783,693 2,145,393 44.8% 1,594,564 Debt Service 938,417 52,324 5.6% 312,806 Contingency 10,936 0.0% 3,645 TOTAL EXPENDITURES $ 5,744,605 $ 2,198,282 38.3% $ 1,914,868 Excess of Revenues Over/(Under) Expenditures $ 1,202,842 LAW ENFORCEMENT TRUST FUND FY 2021-2022 JAN 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 7,526 0.0% 2,509 Contraband Income 1,000 363 36.3% 333 Interest-State 45 6 12.7% 15 TOTAL REVENUES $ 8,571 $ 368 4.3% $ 2,857 EXPENDITURE School Resource Officer 6,203 0.0% 2,068 Contingency 2,368 0.0% 789 TOTAL EXPENDITURES $ 8,571 $ - 0.0% $ 2,857 Excess of Revenues Over / (Under) Expenditures $ 368 Page 4 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31,2022 WASTEWATER ENTERPRISE FUND FY 2021-2022 JAN 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 434,000 0.0% 144,667 Utility Operating Income 4,056,805 1,372,150 33.8% 1,352,268 Utility Penalty Income 62,015 13,758 22.2% 20,672 Sewer Assessment Fees 84,000 2,698 3.2% 28,000 Reuse Hook-Up Fees 2,925 0.0% 975 Reclaimed Water Revenue 91,650 22,909 25.0% 30,550 Investment Income 6,240 989 15.8% 2,080 Sale of Fixed Assets 2,000 0.0% 667 Interfund Transfer - 0.0% - Transfer from CC CRA Fund 52,324 52,324 100.0% 17,441 SRF Loan Proceeds 2,096,500 581,330 27.7% 698,833 State Grants - 128,400 0.0% - Miscellaneous Income 2,000 76,919 3845.9% 667 TOTAL REVENUES $ 6,890,459 $ 2,251,477 32.7% $ 2,296,820 EXPENDITURE Personal Services 1,683,277 550,102 32.7% 561,092 Operating Expenses 1,338,021 392,183 29.3% 446,007 Debt Service 551,629 182,496 33.1% 183,876 Capital Purchases 2,530,500 674,477 26.7% 843,500 Contribution to General Fund 707,506 235,835 33.3% 235,835 Contingency 79,526 0.0% 26,509 TOTAL EXPENSES $ 6,890,459 $ 2,035,094 29.5% $ 2,296,820 Excess of Revenues Over / (Under) Expenses $ 216,382 Page 5 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31,2022 STORMWATER ENTERPRISE FUND FY 2021-2022 JAN 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 205,100 0.0% 68,367 Stormwater Utility Fees 1,159,200 363,330 31.3% 386,400 Investment Income 2,376 725 30.5% 792 Grant-FIND 131,400 0.0% 43,800 TOTAL REVENUES $ 1,498,076 $ 364,055 24.3% $ 499,359 EXPENDITURE Personal Services 323,291 109,854 34.0% 107,764 Operating Expenses 295,590 43,871 14.8% 98,530 Capital Purchases 336,500 114,764 34.1% 112,167 Contribution to General Fund 19,566 6,522 33.3% 6,522 Transfer to CRA 65,000 65,000 100.0% 21,667 Contingency 458,129 0.0% 152,710 TOTAL EXPENSES $ 1,498,076 $ 340,011 22.7% $ 499,359 Excess of Revenues Over/(Under) Expenses $ 24,044 Page 6 of 6 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of January 31,2022 the following funds were invested with the State of Florida Division of Treasury,with a rate of return 0.91% Interest earned for the month: $ 3,255.11 General Fund Restricted(by outside party) Total Restricted $ - Committed(Constrained by Council) Expansion Recreation 44,174.44 Expansion Police 33,444.51 Capital Equipment Renewal&Replacement 640,829.33 Total Committed $ 718,448.28 Assigned-General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 708,782.56 Total General Fund SPIA Investments: $ 2,922,579.85 Florida Safe General Fund Emergency Reserve-0.06%(average monthly) 1,253,024.52 Florida Safe Combined - Note 2017-0.06% (average monthly) 1,149,773.81 Florida Safe Note 2021 -0.06% (average monthly) 250,208.05 Florida Safe ARPA Reserve-0.06% (average monthly) 2,622,617.75 $ 5,275,624.13 Total General Fund Florida Safe Investments: $ 5,275,624.13 Total General Fund Investments: $ 8,198,203.98 Special Revenue Funds Restricted(by outside party) Police Education Fund 12,484.74 Aerial Fund 32,069.46 School Crossing Guard Fund - Library Fund 164,812.92 Library Fund Restricted 185,249.35 Law Enforcement Trust Fund 1,786.60 Capital Expansion Funds: Fire Rescue Capital Expansion - General Government Capital Expansion Total Restricted $ 396,403.07 Total Special Revenue Fund SPIA Investments: $ 396,403.06 Enterprise Funds Wastewater Fund: Wastewater General-Unrestricted - Wastewater Fund Renewal&Replacement 317,671.39 $ 317,671.39 Stormwater Fund: Stormwater Fund-Unrestricted - Stormwater Fund Renewal&Replacement 243,173.98 $ 243,173.98 Total Enterprise Fund SPIA Investments: $ 560,845.37 TOTAL SPIA&FLSAFE INVESTMENTS $ 9,155,452.40