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HomeMy WebLinkAboutcocc_council_mtg_packet_20220419CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA April 19, 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/1542779063348081165 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. - 6:45 p.m. Presentation by Brevard Zoo Executive Director Keith Winsten, regarding the proposed Aquarium Project to be built at Port Canaveral. Presentation by Dr. Troy Nguyen et al., showcasing real -world application of Battery Storage Technology at the Florida Tech Alumni Center and future University Energy Efficiency Project Collaboration. Presentation by Mead and Hunt of the Results of the Center Street Drainage Basin Study. Interview Applicant for appointment to the Community Appearance Board. (Pamela Paisley) CONSENT AGENDA I 6:45 p.m. - 6:50 p.m. 1. Approve Minutes for the March 15, 2022 Regular City Council Regular Meeting. 2. Resolution No. 2022-06; posthumously recognizing the Testamentary Donation of $5,000 made by Frederic Robert Randell to the City of Cape Canaveral to be used for the benefit of Cape Canaveral Library; providing for an effective date. 3. Resolution No. 2022-07; recognizing the 50th Anniversary of the Florida Association of City Clerks (FACC) and honoring this achievement; providing for an effective date. 4. Resolution No. 2022-08; appointing a Member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Pamela Paisley) City of Cape Canaveral, Florida City Council Regular Meeting • April 19, 2022 Agenda • Page 2 of 2 5. Resolution No. 2022-09; reappointing a member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Jalinda Coudriet) 6. Approve the temporary fee schedule for the City of Cape Canaveral Community Center (C5) effective from the facility's opening date through September 30, 2022. PUBLIC HEARINGS 1 6:50 p.m. - 7:10 p.m. 7. 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 Councilmembers 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, second reading. 8. Ordinance No. 03-2022; amending the City Code to modify the compensation of the Mayor and Council Members effective December 1, 2024; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. INFORMATIONAL Items are presented for informational purposes only and no action will be taken. 9. Monthly Financial Report — February 2022. 10. ProChamps Update. REPORTS I 7:10 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 • APRIL 19, 2022 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation by Brevard Zoo Executive Director Keith Winsten, regarding the proposed Aquarium Project to be built at Port Canaveral. Department: City Clerk's Office Summary: The possibility of constructing an aquarium at Port Canaveral has been planned and discussed for quite some time, with mentions of such a potential project being noted at prior City Council Meetings dating back almost a decade. On November 19, 2019, the City presented a Proclamation (Attached) declaring support for such a project to representatives from the Brevard Zoo. Earlier this year, Staff fielded a request from Brevard Zoo staff and executives to make an official Presentation to Council regarding the updated status of the Aquarium Project. Scheduled to give the Presentation at tonight's Meeting is Keith Winsten, Executive Director of the Brevard Zoo, representing the East Coast Zoological Society of Florida. Submitting Department Director: Mia Goforth Date: 4/8/22 Attachments: November 19, 2019 Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/6/22 The City Manager recommends the City Council take the following action(s): Receive Presentation. Approved by City Manager: Todd Morley Date: 4/7/22 Official Proclamation City Of Cape Canaveral, Florida WHEREAS, Community involvement was the genesis of the Brevard Zoo and continues to be its heart more than twenty-five years later; and WHEREAS, more than 16,000 Brevard residents from various industries, including aerospace and the military, designed and built the Brevard Zoo; and WHEREAS, the Brevard Zoo opened its doors in 1994 and today serves more than 450,000 visitors each year with a vital and necessary mission of Wildlife Conservation through education and participation; and WHEREAS, the Brevard Zoo has consistently been rated in top -ten lists of zoos across the nation and is recognized as a hub for sciences, education and conservation in our region; and WHEREAS, the Brevard Zoo is in the process of planning and funding the development of a world -class Aquarium in Port Canaveral that will serve as a center for Indian River Lagoon restoration; and WHEREAS, nearly 80% of Brevard County residents support an aquarium near Port Canaveral as part of a conservation campus that supports marine restoration, education and recreation; and WHEREAS, the City of Cape Canaveral endorses the goals of environmental preservation and economic vitality through its unwavering support of the Brevard Zoo's Aquarium Project; and WHEREAS, the City of Cape Canaveral encourages all residents of the City to support the Brevard Zoo's Aquarium Project and take the time to visit and become educated on the importance of environmental restoration and preservation. NOW, THEREFORE, I, Robert E. Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim SUPPORT OF THE BREVARD ZOO'S EFFORTS TO BRING A WORLD -CLASS AQUARIUM TO BREVARD COUNTY. Signs and Seealed this 15th Day of November, 2019 Robert Hoog, Mayor [Embossed City Seal] CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 19, 2022 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation by Dr. Troy Nguyen et al., showcasing real -world application of Battery Storage Technology at the Florida Tech Alumni Center and future University Energy Efficiency Project Collaboration. Department: Community and Economic Development Summary: The Florida Tech Alumni Center — located on the main campus of the Florida Institute of Technology in Melbourne, Florida — was designed and built to showcase the latest in renewable energy, energy efficiency, and battery storage technologies. This "smart building", which opened for use in June 2020, was developed through a collaborative process involving numerous engineers, university professors, students, government officials, and contractors. Of primary interest to the City of Cape Canaveral is emulating the Florida Tech Alumni Center's integrated battery storage system, which can act as an emergency power backup should the utility grid fail. These systems are noiseless, odorless, require no traditional refueling as a diesel backup generator would, and have a minimal footprint. Dr. Troy Nguyen and his team of engineers, professors, and students will discuss the benefits of this technology, their firsthand experience with the technology, its ease of implementation at City facilities, and opportunities for future collaboration between the City and the Florida Institute of Technology. Submitting Department Director: David Dickey Date: 4/8/22 Attachments: Zero Energy Building at Florida Tech: An Overview Presentation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/6/22 The City Manager recommends the City Council take the following action: Receive presentation. Approved by City Manager: Todd Morley Date: 4/7/22 Applied Research in Energy Systems (ARES) Group Presents: Zero Energy Building at Florida Tech: An Overview Troy Nguyen, PhD, PE, ESEP Principal Investigator Department of Mechanical and Civil Engineering tnguyen@fit.edu Sustainabilitv Advisor: Ken Lindeman, Ph.D. Graduate Research Assistants: Mariana Migliori Kuron Michael Ato Seabrun Miles Medearis Hamidreza Najafi, PhD Co -Principal Investigator Department of Mechanical and Civil Engineering hnajafi@fit.edu Introduction Florida Tech • Founded at the dawn of the Space Race in 1958 • Research intensive, doctoral -granting university • Located on the "Space Coast" in Melbourne, FL, the heart of Florida's High -Tech Corridor • 200+ bachelor's, master's and doctorate programs • 20 learning sites in FL, AL, MD, NJ, VA • Nearly 8,000 students and 400 faculty Aldo Fabregas, PhD Co -Principal Investigator Department of Computer Engineering and Sciences afabregas@fit.edu Presentation for: City Council, City of Cape Canaveral — March 15 ,2022 FLORIDA TECH Applied Research in Energy Systems (ARES) Group: • Energy Audit & Energy Efficiency Studies for buildings and industrial plants • Renewable Energy & Solar Feasibility Studies • Energy Resiliency • Innovative Energy Solutions • STEM Energy Education • Workforce Development Building Energy Audit for Florida Tech ZEB Brevard Public Schools Seminars & Workshops FLORIDA TECH Project Overview Project Goal: • Increase energy efficiency of commercial buildings Sponsoring Agency • FL Dept. of Agriculture & Consumer Affairs, Office of Energy Project Period • 2017-2021 Research Project Funding Profile • Total award amount: $282,008 • Matching contribution (cash & in -kind) from Industry Partners: $284,036 Total project budget: $566,044 Note: Total Construction cost close to $800K (remainder contributed by the university) Project Focus • Demonstration, commercialization, research, and development of energy efficiency and renewable energy technologies that significantly reduce building energy consumption and carbon footprint. Project Demonstration Platform • Florida Tech Alumni Center Building Project Team Members ■ BRPHMHwiiIliams Construction Group, Inc. MORGAN & ASSOCIATES Consulting Engineers, Inc. MK STRUCTURAL ENGINEERING MC2 TAG ENGINEERING SOLAR ENERGY SYSTEMS BOYS ELECTRICAL CONTRACTORS ORLANDO MELBOURNE INTERNATIONAL AIRPORT MLB Panasonic FLORIDA TECH Background: Why it Matters? • People spend about 90% of their time in indoor environments COMMERCIAL 5.6 Million in US RESIDENTIAL 134.7 Million in US INDUSTRIAL 346.000 in US • Indoor Environmental Quality (IEQ) has a significant impact on health and quality of life • Poor indoor air quality can be harmful to vulnerable groups such as children, and elderly, or those suffering chronic respiratory and/or cardiovascular diseases • Enormous amount of energy is used to provide health and comfort conditions in indoor environments FLORIDA TECH https://www.energystar.gov/buildings/about-us/facts-and-stats Background: Why it Matters? Energy End -Use Sectors United States (2020) 92,943 Trillion BTU/yr Transportation 26% Residential 22% Industrial 34% Commercial 18% Building's Total Share: 40% Source: Energy information Administration,State Energy Data System Energy End -Use Sectors Florida (2020) 4,376 Trillion BTU/yr Transportation 40% Residential 27% Industrial 11% Commercial 22% Building's Total Share: 49% FLORIDA TECH Background: What is a ZEB? • A Zero Energy Building (ZEB) is a highly energy efficient building that produces it's own annual energy needs through use of renewable sources of energy. Energy Use Per Year Energy Generation Per Year ZEBs offer: • Minimum energy consumption without sacrificing health and comfort • Use of renewable energy sources • Reducing carbon foot -print • Reducing cost of energy FLORIDA TECH Project Implementation ✓ Concept Design (2017-2018) ✓ Modeling & Optimization (2018-2019) ✓ Construction (2019-2020) ✓ Operation, Maintenance, Research & Data Analysis (2020-Present) Florida Tech team of faculty and students worked closely with the Alumni Office, facility team and industry partners Used REVIT, EnergyPlus and eQUEST for Building modeling and energy simulation Completed in June 2020 Project Implementation Original Building CMU Wall with High R-Value Insulation Dynamic Window Shading White Color Roof with Reflective Coating to Minimize Heat Absorption Exterior Window overhangs • Year Built: 1961 Floor area: 2,350 ft2 • Building Use: Office • Number of occupants: 4 — 6 • Energy Used in 2017: 16,688 kWh • Electricity -related Carbon Footprint: 14,151 Ib/yr • Energy Use Intensity: 24.2 kBtu/ ft2/year New ZEB • Year Built: 2020 Floor area: 3,583 ft2 • Building Use: Office + conference room/classroom • Number of occupants: 4 -6 (office) + 25 (classroom) • Additional Features: 10 kW Solar PV, 10.08 kWh Battery Storage & EV charging Station • Energy Use Intensity During Covid: 7.47 kBTU/ft2.yr • Expected EUI post-COVID: < 2 kBTU/ft2.yr CO2 • Exp. reduction in electricity -related Carbon Footprint: -12,736 Ib/yr • Exp. reduction in Carbon Footprint from EV charging stations: -17,000 Ib/yr FLORIDA TECH ZEB Features Energy Efficient Envelope • CMU Block Wall with 1.5" rigid board insulation (R-8.25) • Thermoplastic polyolefin (TPO) Roofing System (R-30) • White roof color • Shading overhangs • Low-E double glazing windows Control & Automation • Building Automation System (BAS) • Weather station • Energy metering Energy Efficient Lighting • Efficient LED lights with individual control • Dimmable lights • Occupancy sensors • Photo sensors • Dynamic Shading Dynamic Shades Energy Efficient HVAC System • Energy efficient heat pump units (SEER) 17-17.5 abd HSPF 9.6) • Programmable Control • CO2 and humidity sensors FLORIDA TECH ZEB Features On -site Solar Power Generation • Solar PV system (30 PV panels-total nominal capacity-10 kW) Battery back-up system (10.08 kWh) • Electric vehicle (EV) charging station Other Green Features • Eco friendly landscaping 30-Panel PV Solar Array (330-W High -Efficiency Panasonic Modules) Building Automation System (BAS) Dual- EV Charging Station (ChargePoint) ONSET weather station and data logger Li -Ion Batter Energy Storage and Power Backup System (Enphase) Native species and hardscape to minimize water usage FLORIDA TECH Project Impacts : Students Participation • We are proud that an exceptionally diverse group of students has participated in the project Peter Zappala (2017-2018) Assistant Director of Student Projects at Florida Institute of Technology Alexis Miller (2017-2018) Project Manager at City of Cape Canaveral Kwame Amoah (2018- 2019) Assistant Professor at University of Cincinnati Obinna Uyanna (2019) Engineer, Building Research and Energy Consulting (BREC) at Frontier Energy, Inc. Benjamin Kubwimana (2021) Mechanical Engineer at Facebook Avinash Persaud (2021) Graduate Research Assistant at Florida Institute of Technology Mariana Migliori (2020- Present) Graduate Research Assistant Florida Institute of Technology Kuron Seabrun (2021- Present) Graduate Research Assistant Florida Institute of Technology Miles Medearis (2022- Present) Graduate Research Assistant Florida Institute of Technology Project Impacts: Project Website and Public Education • The project website provides public access to the building's energy data as well as educational content for the general audience. • A web -based course is now being finalized to be shared on the project website: Building Energy Sustainability Training (BEST): ✓ Module 1: Building Energy: Why it matters? ✓ Module 2: Building Energy: Usage & Efficiency ✓ Module 3: Zero Energy Buildings ✓ Module 4: A virtual tour to the Alumni Center BEST: Building EnergySustainability Training The following videos will aid in getting acquainted with building energy managment Module 1: BuiIdiag Energy FLORIDA TECH Project Impacts : Tours and Events • Hosted multiple groups of students as well as visitors, providing them with an opportunity to tour the building while learning about building energy efficiency and zero energy buildings Tour for the City of Melbourne Beautification & Energy Efficiency Board (BEEB) Members Tour for the City of Cape Canaveral, Zachary Eichholz Tour for the Melbourne City Manager, Shannon Lewis, and Her Staff FLORIDA TECH Project Impacts: Research ➢ Two internal research grants (funded by Florida Tech COES): ✓ Towards a Digital Engineering Future in Building Energy Systems Research and Education at Florida Tech (2021-2022) ✓ Calibration and Validation of Building Energy Models to Improve Modeling Practices and Predictive Accuracy of Building Energy Usage and Response (2020-2021) ➢ We are actively seeking more funding opportunities to further use the Alumni Center building's capabilities in advancing the knowledge in the areas of Building Energy Science & Engineering ➢ We are publishing the results of our research in reputable journals and major national conferences FLORIDA TECH Energy Sustainability for Local Governments ➢ Buildings: Energy Audit ✓ Generating an efficiency score for each building compared with similar type of buildings in the same climate zone ✓ Identifying and evaluating energy efficiency measures: energy savings, cost savings, CO2 reduction potential, implementation cost and payback period ✓ Prioritize energy saving projects to achieve highest impact at an optimal cost ➢ Buildings: ASHRAE Building Energy Quotient (EQ) ✓ Developing Building EQ entry for each building and document the annual performance to track the building energy efficiency with time ➢ Buildings: Solar + Storage Feasibility Assessment ✓ Detailed energy and cost assessment of using solar power for each building ✓ Analysis of the use of battery storage as backup source of energy during power outage conditions FLORIDA TECH Energy Sustainability for Local Governments ➢ Transportation ✓ Analyze the City's transportation network with different types of data (e.g. Census data, building permits, vehicle counts, cell phone data) to understand travel patterns and support decision -making. For example, pass -by trips, internal trips, net trips, vehicle miles traveled, truck trips, carbon footprint, among others. ✓ Deploy Intelligent Transportation Systems (ITS) devices to prototype connected vehicles to everything (CV2X) initiatives (e.g. vehicle to infrastructure, vehicle to pedestrian, vehicle to signal etc.). ➢ Towards Smart Communities and Cities ✓ Florida Tech and the City of Cape Canaveral can collaborate to establish a Smart City initiative. For example: Install loT - Smart City sensors to detect flooding, pollution, pollen, landscaping growth, special events, pedestrian traffic, etc. ✓ Collect, maintain, and analyze city-wide metrics for data -drive government. Data on water, energy , transportation, freight movements, electric vehicle stations, traffic, special events, weather , among others can be merged to gain insights to better inform government on the City's performance metrics. ✓ Develop a Smart Resilience City Lab @ Cape Canaveral where all the City's data is monitored an analyzed with the support of Florida Tech. The SRCL will publish annual reports on resiliency performance metrics, support local community goals, and enhance the visibility of the City of Cape Canaveral as a high tech sustainability hub. FLORIDA TECH Questions or Comments Troy Nguyen, PhD, PE, ESEP Department of Mechanical and Civil Engineering tnguyen@fit.edu Hamidreza Najafi, PhD Department of Mechanical and Civil Engineering hnajafi@fit.edu Aldo Fabregas, PhD Department of Computer Engineering and Sciences afabregas@fit.edu FLORIDA TECH CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 19, 2022 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation by Mead and Hunt of the Results of the Center Street Drainage Basin Study. Department: Capital Projects Summary: In Summer 2021, the City experienced several significant weather events, some of which included peak rainfall rates of up to 19.2 inches per hour. This is indicative of an extreme rainfall event. The observed rainfall that occurred within the City was 2.75 inches within the span of 45 minutes between 3:00 and 3:45 pm on July 7, 2021. These weather events resulted in significant flooding of streets and private properties, especially in the Center Street Drainage Basin. This drainage basin is located primarily in the Presidential Streets area, in the southern portion of the City, delineated as follows: • Polk Avenue to the north; • Atlantic Ocean to the east; • Johnson Avenue to the south; and • Banana River to the west. The stormwater system in this drainage basin was constructed in the 1960s and consists of various sizes of concrete reinforced pipe and over 75 inlets. Very few additions or improvements to the stormwater infrastructure have been made over the past 50+ years and residences with concrete/ asphalt driveways, patios, etc. have continued to be constructed. Stormwater from the drainage basin discharges to the Banana River through a nutrient separating baffle box located at the western end of Center Street. Investigative Activities: To better understand the hydraulics of the basin, five scenarios that could provide relief from the flooding were investigated by the City's consultant, Mead and Hunt, using computer modeling techniques. The five scenarios are as follows: • #1 — Increase pipe capacity of the primary trunkline from the intersection of Buchanan/Ridgewood Avenues to the Banana River outfall. • #2 — Increase pipe capacities of the (1) primary trunkline from the intersection of Buchanan/Ridgewood Avenues to the Banana River outfall and (2) secondary feeder lines. • #3 — Increase pipe capacities of the (1) primary trunkline from the intersection of Buchanan/Ridgewood Avenues to the Banana River outfall and (2) secondary feeder lines; installation of a discharge pump near the Banana River outfall. • #4 — Increase pipe capacities of the (1) primary trunkline from the intersection of Buchanan/Ridgewood Avenues and (2) secondary feeder lines; installation of a discharge pump near the Banana River outfall and construction of a stormwater pond for pre- treatment prior to discharge. • #5 — Reduce City roadways in the Center Street Drainage Basin to single lane traffic. City Staff initially will be proposing a hybrid scenario to include a pump station along Center Street and a tidal valve at the Banana River outfall. If this scenario does not alleviate flooding, additional improvements (e.g. upsizing of pipes) will be performed as detailed in the Study report. Andrew City of Cape Canaveral City Council Meeting • April 19, 2022 Presentations/Interviews Page 2 of 2 Giannini of Mead and Hunt will be presenting the results of their Study with recommendations for corrective actions. Submitting Department Director: Jeff Ratliff Date: 4/11/22 Attachment: None. Financial Impact: Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/8/22 The City Manager recommends the City Council take the following actions: Receive presentation by Mead and Hunt regarding results of the Center Street Drainage Basin Study. Approved by City Manager: Todd Morley Date: 4/11/22 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 19, 2022 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Community Appearance Board. (Pamela Paisley). Department: Community and Economic Development Summary: The Community Appearance Board (CAB) is an advisory board to the City Council and consists of seven members. Currently, there are two vacancies. Ms. Paisley is a resident of Cape Canaveral and meets the minimum qualification requirements for CAB membership. It is proposed that Ms. Paisley be appointed to fill one of the current vacancies. Should the Council approve this appointment, one vacancy 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. Staff met with Ms. Paisley on February 8, 2022 and the CAB Board interviewed her at its March 16, 2022 meeting. Based on the Applicant's interest and willingness to volunteer, it is recommended that Council interview and appoint Ms. Paisley to the CAB. Submitting Department Director: David Dickey Date: 4/8/22 Attachments: 1. Board Application (Pamela Paisley) 2. CAB Recommendation Memo Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/6/22 The City Manager recommends the City Council take the following action: Interview Applicant (Pamela Paisley). Approved by City Manager: Todd Morley Date: 4/7/22 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: Pamela Paisley Home Address: 425 Pierce Ave #501 Phone Number: 407-854-0920 Occupation: Retired Business Phone: Business Address: pppaisley10@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 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? t Yes 0 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? 0 Yes 0 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: PPP 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 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: Always eager to make A contribution to my community. 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. X Community Appearance Board d. Culture and Leisure Services Board e. 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: Asbury Park NJ Shade Tree 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. MURP, Orange County Master Gardener 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 Gender: ❑ Male ❑ Asian American ❑ Female ❑ Hispanic American ❑ Other ■ Caucasian ❑ 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. 02/11/2022 Signature: Date: Pamela P. Paisley 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 17 2022 CCO DL Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 2 Memo Community + Economic Development TO: Cape Canaveral City Council VIA: David Dickey, Community and Economic Development Director FROM: Brenda Defoe-Surprenant, Senior Planner . DATE: March 21, 2022 RE: Recommendation to the City Council — Community Appearance Board Applicant Pamela Paisley At its March 16, 2022 meeting, the CAB interviewed Ms. Paisley. Based on the interview and willingness to be an active participant in the City of Cape Canaveral, staff recommends the vacancy be filled by Ms. Paisley. 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 March 15, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Mayor Pro Tem Kellum 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 Leisure Services/Community Affairs Director Public Works Services Director Deputy City Clerk Deputy Community and Economic Dev. Director Projects and Parks Administrator Brevard County Sheriff's Office Commander Brevard County Sheriffs Office Sergeant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Molly Thomas James Moore Daniel LeFever Zachary Eichholz Gustavo Vergara Byron Keck Jason Knepp PUBLIC PARTICIPATION: Peggy Eamer, resident, discussed opposition to the Florida Department of Transportation State Road A1A Roundabout Project, and urged for another way to handle the intersection. PRESENTATIONS/INTERVIEWS: Presentation by Florida Department of Transportation (FDOT) regarding State Road (SR) A1A improvements: FDOT District 5 Roadway Design Supervisor Lori Trebitz made introductions including District 5 Secretary Jared Perdue, Design Engineer Jeff Cicerello, Consultant Project Management Engineer Ed Kestory, Traffic Studies Engineer Zach Zalneraitis and Government Liaison Anna Taylor; and led the Presentation to Council. Discussion ensued and included the amount of pushback from the community against the Roundabout Project, the need for feedback from citizens for and against the Projects, a request for comparative statistics related to the cities included in the Presentation, FDOT's explanation as to why traffic signals and lowered speeds alone do not change driver behavior, and purpose for both Projects in the north and south ends of SR A1A. City Manager Morley stated his office will coordinate FDOT presentations for City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • March 15, 2022 Minutes • Page 2 of 5 homeowners associations and other groups interested in the opportunity. Council thanked the FDOT District 5 group. Bill Hodge, property owner, discussed opposition to the Project. Peggy Eamer, resident, called for more law enforcement. Interview Applicants for appointment to the Board of Adjustment. (Stephen Slaton and George Weber): City Attorney Garganese confirmed information contained in Mr. Slaton's application to be true and correct. Mr. Slaton discussed interest in serving on the Board. Council thanked Mr. Slaton. City Attorney Garganese confirmed information contained in Mr. Weber's application to be true and correct. Mr. Weber discussed interest in serving on the Board. Council thanked Mr. Weber. Mayor Morrison discussed and requested to add an Item to the Agenda at the beginning of discussion: Consider becoming the first City in the State of Florida to be a member of the "Friends of the Indian River Lagoon" which is a partnership with the Marine Resources Council. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to add the Item to the Agenda. The motion carried 5-0. CONSENT AGENDA: Mayor Morrison inquired if any Items needed removal. Council Member Willis removed Item 6. Mayor Pro Tem Kellum removed Item 7. 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) 5. 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. 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. A motion was made by Council Member Willis, seconded by Council Member Raymond, to approve Consent Agenda Items 1 through 5. The motion carried 5-0. #6 Council Member Willis explained the reason for removing the Item. City Manager Morley provided an update regarding recent stormwater backups due to fallen Oak leaves in the City storm drains as a result of heavy rainstorms, explained the emergency, short-term, mid-term and long-term solutions to address stormwater flooding to include the emergency trailer -mounted pump at Center Street, the short-term solution to move forward with a bid project for a permanent, automatic pump with a back -flow prevention tidal valve for Center Street, mid-term solution to purchase properties to be used for stormwater collection and run-off, and the long- City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • March 15, 2022 Minutes • Page 3 of 5 term solution to include a stormwater outfall reduction target in the Presidential Streets Master Plan. Council Member Willis proposed creating an exfiltration project with vaulted chambers beneath property the City currently owns at 7404 North Atlantic Avenue to include the racquetball and shuffle board courts area. Discussion ensued and included favor for the ideas, presenting the Presidential Streets stormwater outfall reduction plan at the Strategic Planning Retreat and desire to see engineering studies prior to moving forward with a bid. Capital Project Director Ratliff indicated he would share the final Engineer Report from Mead and Hunt as soon as he receives it. City Manager Morley discussed upcoming community workshops planned by Staff to educate about fertilizers, yard waste and stormwater runoff issues. Administrative/Financial Services Director DeLeo explained all of the projects discussed are American Rescue Plan Act eligible for Council to identify and approve in the amount of 5.2 million dollars. Discussion continued regarding the importance of the stormwater issues and projects, the Civic Hub Project, and the Strategic Planning Retreat on March 30, 2022. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve Agenda Item 6. The motion carried 5-0. #7 Discussion ensued and included the proposed COCCCC Fee Schedule, facility rental fees, non -rental fees, City fees related to recreation not been raised in the past nine years, Mayor Pro Tem Kellum's proposal to provide a discount for residents, slight differences in other municipalities fees, recreation fee schedule does not currently appear in the City Code, COCCCC opening delayed due to construction supply chain issues, COCCCC is going to be state-of-the-art compared to other facilities in Brevard County, establishing fees by resolution, Cherie Down Park, hours of operation at the new facility and operation and maintenance costs. Betsy Ronk, resident and property owner, discussed concerns regarding the proposed fees including whether they will cover operating costs, proposed a resident be defined as anyone who lives within the City, how to verify that information, and doubling non-resident rates. Mayor Morrison stated he would forward an email received from Ms. Ronk to City Clerk Goforth. Parks, Recreation and Community Affairs Department Staff discussed researching, setting fees and how Staff manages and monitors activities at the Nancy Hanson Recreation Center. Council reached consensus to move forward with a draft resolution adopting a COCCCC Fee Schedule. Mayor Morrison recessed the Meeting at 8:13 p.m., the Meeting was reconvened at 8:25 p.m. PUBLIC HEARING: 8. 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: City Manager Morley read the title into the record and explained the Item. Discussion ensued and included the statutory time requirement incumbents would have to resign, incumbents must resign to run for another office no later than ten days prior to the qualifying period for an election, adoption of the Ordinance will allow the City Clerk's Office time to qualify candidates to fill the vacancies for a special election to run concurrently with a general election, and the measure would codify the procedures Council used in two previous mayoral elections. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • March 15, 2022 Minutes • Page 4 of 5 motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Ordinance No. 02-2022, at first reading. The motion carried 5-0. ITEMS FOR DISCUSSION: ADD -ON ITEM: Consider becoming the first City in the State of Florida to be a member of the "Friends of the Indian River Lagoon" which is a partnership with the Marine Resources Council: Mayor Morrison explained the Item and Marine Resources Council (MRC) Indian River Lagoon Report Card Unveiling Event scheduled for Monday, March 21, 2022 in Council Chambers. MRC Marketing Director Stephen Sharkey discussed the Indian River Lagoon Report Card's impacts within five counties including Brevard, building communication and funding partnerships, opportunity for the City to become a "Friend of the Indian River Lagoon", and helping in the goal to expand the data set to see a full picture of how to repair the water body. Discussion ensued and included MRC efforts to seek additional partners, contacting State representatives, the City of Cape Canaveral could be the first City to be a Friend of the Lagoon, Council unification regarding importance of the Lagoon, state of the Indian River Lagoon and focus on a seagrass assembly to identify what prevents it from growing and what kills seagrass, targeting low -impact building codes and ordinances, and support for a donation from the City. City Manager Morley discussed Staff coordination of the donation. A motion was made by Council Member Raymond, seconded by Council Member Davis, that the City of Cape Canaveral should be the first to be Friends of the Indian River Lagoon by donating $1,000. Discussion ensued regarding the $1,000 donation being good for the City's first time and possible desire to continue donating. The motion carried 5-0. 9. Establishing a residency requirement for candidates seeking to qualify to run in City Council elections: City Attorney Garganese explained the Item, recommended Council impose no more than a one-year residency requirement, and discussed how such action will require Council to propose a referendum to the voters for approval. Discussion ensued and included concerns over the process of having to determine City Council candidate residency in the City, examination of the qualifications of Council Members per City Code, affidavit of residency, ministerial duty of the City Clerk to accept candidates qualifying to run for Council, courts decide such cases, candidates could challenge each other, residency vs. domicile requirements and ballot language. City Attorney Garganese explained the next steps involve two readings of an ordinance, proposed Charter amendment text, preparation of ballot language with consistency between text and ballot language to avoid misleading the public or ending up in court, the effective date would be in 2023 at the earliest, and providing a legal memorandum to explain case law. Council reached consensus to bring back an ordinance for first reading. Council reached consensus to discuss Item 11 before Item 10. 11. Discussion on Workshop prior to demolishing the building for the Promenade also known as the "Civic Hub." (Submitted by Mayor Morrison): Mayor Morrison explained the Item. A motion was made by Council Member Raymond, seconded by Council Member Davis, to dispense with the Discussion Item as it is a moot point. Discussion ensued and included the the motion on the floor, desire not to dismiss the Item, desire to move forward with demolition and the proposed exfiltration system installation beneath the property discussed earlier, agreement to have a workshop after the demolition, concern over possible risk exposure of the building, acceptance of the 3-2 vote, getting citizens involved in the planning of the Civic Hub Project, desire to hear from the community, and requests to call the question which were disregarded. City Attorney Garganese discussed restrictions in the Loan from leasing to other City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • March 15, 2022 Minutes • Page 5 of 5 entities which could result in loss of the tax exempt status of the Loan. Discussion continued regarding desire to receive input from the community and the multiple opportunities for community input in the past. Stuart Smith, resident and CEO of Florida Association of Veteran - Owned Businesses, discussed launching businesses from the 7404 North Atlantic Avenue building for economic development, business incubation and renting office space. Council Member Raymond suggested Mr. Smith look into purchasing the Union Hall property for sale across the street from Veterans Memorial Park. Council thanked Mr. Smith. Discussion and debate continued. City Manager Morley stated there is currently no date set for demolition. A motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to have a City Council meeting two weeks from this date or as soon as possible we go to two meetings a month. Discussion ensued regarding not adding to the Agenda at this point in the meeting and bringing the Item back up under Reports. 10. Short -Term Rentals policy and execution along with the City of Cape Canaveral Contract Administration for the service provider ProChamps (Submitted by Mayor Morrison): Mayor Morrison explained the Item and discussed status of the City's short-term rental policy. City Manager Morley discussed a registration issue related to the inputting of Business Tax Receipts (BTR). A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to extend the Meeting to 10:15 p.m. The motion carried 4-1, with Council Member Raymond voting against. Community and Economic Development Director Dickey discussed ProChamps, the City's and Brevard County BTR requirements. Discussion ensued and included the City's registration program including City BTR process, the Florida Department of Business and Professional Regulation requirements, Brevard County BTR and tourism tax, and how Staff is working with Brevard County and BS&A to close loops in the process to gather required information. INFORMATIONAL: Items presented for informational purposes only and no action was taken. 12. ProChamps Update 13. Monthly Financial Report — January 2022 REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 10:16 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 19, 2022 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2022-06; posthumously recognizing the Testamentary Donation of $5,000 made by Frederic Robert Randell to the City of Cape Canaveral to be used for the benefit of Cape Canaveral Library; providing for an effective date. Department: Leisure Services/Community Affairs Summary: Frederic Robert Randell of Wyman Township, Maine away on May 8, 2021. In his Last Will and Testament, the City beneficiary, as Mr. Randell wished to donate $5,000 to be used Public Library. City Attorney Anthony Garganese worked with donation (Attachment 1). At this time, Library staff have expressed a need for new audio/visual equipment and have agreed to use the donation for said equipment to benefit patrons of the Library. The City Attorney's Office staff have prepared Resolution No. 2022-06 (Attachment 2) to formally recognize the late Mr. Randell's generous contribution and its intended use. Submitting Department Director: Molly Thomas Date: 4/11/22 Attachments: 1) Correspondence and copy of check in the amount of $5,000. 2) Resolution No. 2022-06. Financial Impact: $5,000 added to the Cape Canaveral Public Library Special District Fund for new audio/visual equipment; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/8/22 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2022-06. Approved by City Manager: Todd Morley Date: 4/11/22 Attachment 1 GARGANESE, WEISS, D'AGRESTA & SALZMAN, P.A. Attorneys at Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 April 5, 2022 VIA EMAIL AND REGULAR U.S. MAIL Todd Morley, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Anthony A. Garganese Board Certified City, County & Local Government Law agarganese@orlandolaw.net Re: City of Cape Canaveral / Donation from the Estate of Frederic R. Randell Dear Todd: Enclosed is the $5,000 check payable to the Town of Cape Canaveral from the Estate of Frederic Robert Randell. Per the memorandum of understanding with Brevard County, the City should remit $5,000 to the Cape Canaveral Library to be used solely for the purchase of new AV equipment. I have also prepared a proposed resolution recognizing the donation which I thought would be appropriate in this situation. Sincerely, Anthony A. Garganese City Attorney AAG/nh Enclosures Ft. Lauderdale (954) 670-1979 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net FREDERIC ROBERT RANDELL ESTATE 03-215/631 132 JOHN QUINN,PERSONAL REP 1001 FOXFIRE LANE UNIT 207 Date 3/22/22 NAPLES,FL 34104 Pay to the order of Town of Cape Canaveral $5,000.00 Five Thousand 00/100 Dottars SunTrust Memo Will [Signature] Attachment 2 RESOLUTION NO. 2022-06 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; POSTHUMOUSLY RECOGNIZING THE TESTAMENTARY DONATION OF $5,000 MADE BY FREDERIC ROBERT RAN DELL TO THE CITY OF CAPE CANAVERAL TO BE USED FOR THE BENEFIT OF THE CAPE CANAVERAL LIBRARY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council wishes to officially recognize the generous donation made by Frederic Robert Randell in his Last Will and Testament to the City of Cape Canaveral to be used for the benefit of the Cape Canaveral Library in the amount of $5,000; and WHEREAS, the Cape Canaveral Library has expressed a need for new AV equipment and has agreed to use the donation for said purpose for benefit of patrons of the Cape Canaveral Library; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. The City Council hereby recognizes the generous testamentary donation of $5,000 made by Frederic Robert Randell in his Last Will and Testament to be used to benefit the Cape Canaveral Library and its patrons. Section 3. Effective Date. This Resolution shall become effective immediately. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 19th day of April, 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 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 19, 2022 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Resolution No. 2022-07; recognizing the 50th Anniversary of the Florida Association of City Clerks (FACC) and honoring this achievement; providing for an effective date. Department: City Clerk's Office Summary: In 1972, The Florida Association of City Clerks (FACC) was established with the intent of promoting/developing educational and professional standards for municipal clerks in Florida. FACC works closely with the International Institute of Municipal Clerks (IIMC), focusing on the objectives of educating clerks, increasing efficiency of clerical functions within municipal governments, improving cooperation with municipal administrators and providing certification titles of Certified Municipal Clerk (CMC) and Master Municipal Clerk (MMC). FACC is comprised of more than 650 members statewide and hosts seminars, webinars, conferences and academies that provide members the education and training necessary to acquire certification through IIMC. As FACC is celebrating its 50th anniversary in 2022, they have requested each municipality to adopt a Resolution (attached) acknowledging this milestone. Submitting Department Director: Mia Goforth A Date: 4/6/22 Attachment: Resolution No. 2022-07 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/6/22 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2022-07. Approved by City Manager: Todd Morley Date: 4/6/22 RESOLUTION NO. 2022-07 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; RECOGNIZING THE 50TH ANNIVERSARY OF THE FLORIDA ASSOCIATION OF CITY CLERKS (FACC) AND HONORING THIS ACHIEVEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Office of the Municipal Clerk is a time-honored and vital part of local government and is one of the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides a professional and essential link between the citizens, the local governing bodies and intergovernmental agencies at the local, state and federal levels along with other essential services; and WHEREAS, the Florida Association of City Clerks (FACC) is the professional membership organization for Florida's municipal clerks and others who work within the clerk's office; and WHEREAS, FACC began in 1972 when its founder, the late Robert N. Clark, CMC, City Clerk of Sunrise, saw the need for an organization to bring together like-minded people to unite the voice of all municipal clerks, to share ideas and to assist one another in the work of municipal government; and WHEREAS, FACC celebrates its 50th anniversary in 2022, and a golden anniversary is a momentous occasion worthy of commendation and Florida's cities, towns and villages will all join in observation of this celebratory event; and WHEREAS, municipal clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in educational programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations; and WHEREAS, FACC is a primary source for the educational programs, seminars, workshops and webinars for educating Florida's municipal clerks and those who serve in the clerk's office, and municipal clerks look to FACC to provide the training needed to obtain their Certified Municipal Clerk (CMC) and Master Municipal Clerk (MMC) certifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. City of Cape Canaveral Resolution No. 2022-07 Page 1 of 2 Section 2. The City Council hereby recognizes and celebrates the 50th anniversary of the Florida Association of City Clerks, and that FACC is commended for 50 years of excellent service provided to the municipal clerks in the State of Florida. Section 3. Effective Date. This Resolution shall become effective immediately. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 19th day of April, 2022. Wes Morrison, Mayor ATTEST: Mia Goforth, CMC, City Clerk 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. 2022-07 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 19, 2022 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Resolution No. 2022-08; appointing a Member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Pamela Paisley) Department: City Clerk's Office Summary: At its March 16, 2022 Meeting, the Community Appearance Board (CAB) interviewed Pamela Paisley to fill a vacancy and voted to recommend her for appointment. Ms. Paisley will be filling a vacancy with a brand-new term that will begin May 1, 2022 and expire May 1, 2025. Following the completion of this term, Ms. Paisley will be eligible for reappointment to the CAB, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon City Council to appoint a member to the CAB. Submitting Department Director: Mia Goforth Date: 4/7/22 Attachment: Resolution No. 2022-08 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/6/22 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2022-08. Approved by City Manager: Todd Morley Date: 4/7/22 RESOLUTION NO. 2022-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING A MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §22-36 established a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a member to the Community Appearance 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 of a Regular Member to the Community Appearance Board. Pursuant to City Code §2-171(e), the City Council of the City of Cape Canaveral hereby appoints the following individual to the Community Appearance Board: Pamela Paisley shall be appointed to serve a three-year until May 1, 2025. Following completion of this terms, this appointee may be eligible for reappointment for an additional three-year term, consistent with the limitations set forth in section 2-171(f), City Code. Section 5. 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 6. 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 7. Effective Date. This Resolution shall become effective May 1, 2022. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of April, 2022. [Signature Page Follows] City of Cape Canaveral Resolution No. 2022-08 Page 1 of 2 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. 2022-08 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 19, 2022 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Resolution No. 2022-09; reappointing a member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Jalinda Coudriet) Department: City Clerk's Office Summary: The term for Community Appearance Board Member Jalinda Coudriet will expire May 1, 2022. Ms. Coudriet has served on the Board since September 20, 2016 and has expressed a desire to continue serving for an additional three-year term. Consistent with §2-171(f), City Code, Ms. Coudriet is eligible for reappointment as she has only served one complete three-year term up to this point; her first term having only been partial, filling the remainder of a vacant term. Following completion of this term, Ms. Coudriet may be eligible for reappointment to the CAB for an additional term, provided no other qualified applicant(s) submit application(s) seeking appointment, consistent with §2-171(f), City Code. It is now incumbent upon the City Council to reappoint a member to the CAB. Submitting Department Director: Mia Goforth Date: 4/12/22 Attachment: Resolution No. 2022-09 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/12/22 The City Manager recommends the City Council take the following action: Adopt Resolution No. 202x-09. Approved by City Manager: Todd Morley Date: 4/12/22 RESOLUTION NO. 2022-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; REAPPOINTING A MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-36 established a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a Member to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment to City Advisory Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Community Appearance Board: Jalinda Coudriet shall be reappointed to serve until May 1, 2025. Following completion of this term, this appointee may be eligible for reappointment if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of April, 2022. [Signature page follows] City of Cape Canaveral Resolution No. 2022-09 Page 1 of 2 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. 2022-09 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 19, 2022 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Approve the temporary fee schedule for the City of Cape Canaveral Community Center (C5) effective from the facility's opening date through September 30, 2022. Department: Leisure Services Summary: At the City Council Meeting on March 15, 2022, Council tasked Staff to conduct a department -wide review of the fee schedule currently employed by the Leisure Services Department. City Council adopted the current fee schedule for use of the City's recreational facilities on November 4, 2010 (Attachment 1). Since then, the Department has witnessed numerous changes, to include the addition of multiple new facilities and expansion of services. Considering the gravity of those changes, it is important for Staff to review and propose modifications to the fee schedule, mindfully — and with the public input and informed recommendations of the Culture and Leisure Services Board (CLSB). To initiate this review, Staff engaged the CLSB in a preliminary discussion about this fee review and provided draft examples of what a revised fee schedule could look like, at its meeting on March 31, 2022. Using this feedback, Staff will present the revised schedules to the CLSB at its next meeting, May 26, 2022. In the meantime, to ensure compliance with Chapter 54-24(f) of the City Code, there is an immediate need to establish a temporary fee schedule for the C5. At the March 31, 2022 CLSB meeting, the Board acknowledged this need and moved to recommend that Council approve a temporary fee schedule for the C5. (Attachment 2) The proposed temporary fee schedule, as recommended by the CLSB, addresses daily and monthly rates for general use of the facility, as well as facility rentals with distinguishing rates for residents and non-residents. (Attachment 3). Under this temporary schedule, general admission to the facility will be free for residents. Residents will also enjoy a reduced rate for rentals of the Gymnasium and Conference Room. This fee schedule will remain in place through September 30, 2022. This will allow time for staff to not only gauge facility's use/demand and, with the input of the CLSB, draft a comprehensive, department -wide fee schedule, that can be affirmed by Resolution and implemented by October 1, the start of the new Fiscal Year. Submitting Department Director: Molly A. Thomas Date: 4/11/22 Attachments: 1. City Council Meeting Minutes from November 4, 2010 2. CLSB Meeting Minutes from March 31, 2022 3. Recommended Temporary Fee Schedule for C5 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/8/22 City of Cape Canaveral City Council Meeting • April 19, 2022 Agenda Item # 6 Page 2 of 2 The City Manager recommends the City Council take the following action: Approve the temporary fee schedule for the City of Cape Canaveral Community Center effective from the facility's opening date through September 30, 2022. Approved by City Manager: Todd Morley Date: 4/11/22 Attachment 1 City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 3 of 6 3. Approve non-resident court fees and revised rental rates for Manatee Park, due to state grant funding guidelines. The non-resident rates for court usage were approved by the Recreation Board at its May 25, 2010 meeting: 4. Change Order #3: Approve Funds in the Amount of $59,215.05 to Brewer Paving and Development to Extend the Ridgewood Avenue Improvements Project Northward to Ocean Oaks Condominium and Approve Funds to Stonier Stag & Associates (SSA) in the Amount of $1,699.00 to Prepare Engineering/Construction Drawings: 5. Ratify City Manager Performance Evaluation: A motion was made by Ms. Roberts, seconded by Mr. Petsos, to approve Consent Agenda. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 15-2010, adopting the amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets for the Fiscal Year beginning October 1, 2009, and ending September 30, 2010; providing for an Effective Date: Attorney Garganese read the title of the Ordinance into the record. Mayor Randels explained the Ordinance updates the final changes to the Prior Fiscal Year Budget. A motion was made by Mr. Petsos, seconded by Mr. Hoog, for approval at second reading. The public hearing was opened. No comments were made and the public hearing was closed. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 7. Motion to Adopt: Ordinance No. 16-1010, amending Chapter 74, Traffic and Vehicles, of the Cape Canaveral Code of Ordinances to expressly prohibit the stopping, standing or parking of vehicles on any portion of a right-of-way, whether improved or unimproved; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; Severability; and an Effective Date: Attorney Garganese read the title of the Ordinance into the record. He explained its intent and the areas that are exempt from it. The public hearing and discussion ensued and included whether the Ordinance applies to service vehicles that are visiting to complete some type of maintenance at the property and whether it needs to be amended to clarify this; that some individuals are placing their garbage cans and recycling containers on the sidewalks and the pedestrian facility and the suggestion this needs to be addressed also, possibly with education of residents; what will be done for visitors to the residences where there is no room to park in the driveway; the need to send a new letter to Mr. Petre to withdraw the prior letter which indicated he was allowed to park in the right-of-way between the curb and the pedestrian facility; whether a study was done of the areas outside of Ridgewood Avenue; and that this Ordinance is meant to address City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/04/10 Item No. 3 Subject: Approve non-resident court fees and revised rental rates for Manatee Park, due to state grant funding guidelines. The non-resident rates for court usage were approved by the Recreation Board at its May 25, 2010 meeting. Department: Parks & Recreation Summary: A fee increase was imposed in October 2008. It did not address non- resident rates for tennis, racquetball and shuffleboard. Current Hourly Rates: Before 4:00 pm After 4:00 pm Tennis, Racquetball and Shuffleboard: $2.00 $3.00 Proposed Hourly Rates: Resident Non-Resident Tennis, Racquetball and Shuffleboard: $2.00 $3.00 There will no longer be a difference before or after 4:00 pm. The fees will be determined by resident or non-resident status. Manatee Park Current Rates: ½ Day /1 Day 1 ½ with Kitchen / 1 with Kitchen Private $100 $150 $150 $225 Canaveral Non-Profit $ 0 $ 0 $ 0 $ 0 Outside Non-Profit $50 $100 $75 $100 Manatee Park Proposed Rates: $265 — Price includes full day rental with kitchen & sales tax State grant funding guidelines, regarding fees being charged for the use of grant funded amenities, clearly state that the charges be the same for all users regardless of their category status, i.e. resident, non-resident, non-profit, etc. Requested Council Action: Approve non-resident fee for court usage and revised rental rates for Manatee Park. Financial Impact: Annual Revenue Increases: Tennis $2,500 Racquetball $1,500 Manatee Park $500 Attachments: Xo Supporting Documents Reviewed Comparable rental rates and Recreation Board Meeting minutes date May 25, 2010. Submitting Department Head: Robert Lefever RL Date: 10/12/10 Approved by City Manager: DLG Date: 10-10-10 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment 2 CULTURE AND LEISURE SERVICES BOARD MEETING MINUTES MARCH 31, 2022 A meeting of the Culture and Leisure Services Board was held on March 31, 2022, at Cape Canaveral City Hall, 100 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:30 p.m. by Chairperson, Joel Fair. The Secretary called the roll. MEMBERS PRESENT Joel Fair Chairperson Kathy Parks Vice Chairperson Mary Mosquera Betsy Ronk Angela Trulock OTHERS PRESENT Molly Thomas Leisure Services Director/Cultural + Community Affairs: Dlirector Gustavo Vergara Project and Parks Administrator Paula Ness Board Secretary MEMBERS ABSENT Larry Holmes ACTION ITEMS: A motion was made by Kathy Parks, to approve meeting minutes of January 27, 2022 as written, seconded by Mary Mosquera. The motion carried unanimously. A motion was made by Kathy Parks, to nominate Joel Fair as Chairperson, seconded by Angela Trulock. The motion carried unanimously. A motion was made by Joel Fair, to nominate Kathy Parks as Vice Chairperson, seconded by Mary Mosquera. The motion carried unanimously. A motion was made by Joel Fair, to approve the proposed CLS Board Meeting Schedule for the remainder of 2022, seconded by Kathy Parks. The motion carried unanimously. A motion was made by Joel Fair, for the proposed residency and age policies for the City rec facilities to as written, with an addendum to include 32920 address on the copy of lease/tax/utility bill. Mary Mosquera seconded motion. The motion carried unanimously. A motion was made by Joel Fair to recommend Option C as the temporary fee schedule, applicable May - September 30, 2022, for the Community Center with revisions as follows: • Proposed "All Access Day Pass" fees will reflect "Drop In" fees. • Residents will not be charged general admittance fees for the Community Center until October 1, 2022. • NHRC fees remain the same at this time. • No yearly option will be applicable for the temporary fee schedule. Kathy Parks seconded the motion. The motion carried unanimously. A motion was made by Betsy Ronk to recommend Option B of the proposed hours of operation for the Community Center during the interim period. Seconded by Kathy Parks, the motion carried unanimously. STAFF REPORTS: • Ms. Thomas notified the Board members of the Leisure Services / Cultural + Community Affairs Departmental reorganization. • Mr. Vergara gave an update on the projected opening of the Community Center. Opening is now scheduled for mid to late May. • Mr. Vergara stated the Community Development Director would be requesting bids to demolish the building at the Civic Hub. • Mr. Vergara informed the Board that the City is looking to incorporate storm water collection into the redevelopment of Veterans Memorial Park, and has contacted the City Engineer to review options before moving forward. ADJORNMENT: There being no further business, Joel Fair made a motion to adjourn. The motion carried unanimously and the meeting adjourned at 7:04 p.m. Approved on this, the 26th day of May 2022. Joel Fair, Chairperson Paula Ness, Board Secretary Attachment 3 TEMPORARY FEE SCHEDULE PROPOSED FOR THE CITY OF CAPE CANAVERAL COMMUNITY CENTER C5 AGE & RESIDENCY STATUS Day Pass Monthly Fee Yearly NON-RESIDENT SENIOR $6 $33 n/a RESIDENT SENIOR $0 $0 n/a NON-RESIDENT ADULT $7 $39 n/a RESIDENT ADULT $0 $0 n/a NON-RESIDENT CHILD $3 $13 n/a RESIDENT CHILD $0 $0 n/a RESIDENT RATES CONFERENCE ROOM RENTALS $78/ HR - $150 REFUNDABLE CLEANING DEPOSIT GYM RENTAL (ONLY ATHLETICS) $85 / HR - $150 REFUNDABLE CLEANING DEPOSIT GYM RENTAL (EVENTS) $85 / HR - $200 FLOOR COVERING CHARGE + DEPOSIT NON-RESIDENT RATES CONFERENCE ROOM RENTALS $82 / HR - $150 REFUNDABLE CLEANING DEPOSIT GYM RENTAL (ONLY ATHLETICS) $104 / HR - $150 REFUNDABLE CLEANING DEPOSIT GYM RENTAL (EVENTS) $104 / HR - $200 FLOOR COVERING CHARGE + DEPOSIT CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 19, 2022 AGENDA ITEM SUMMARY • ITEM # 7 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 Councilmembers 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, second 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 • April 19, 2022 Agenda Item # 7 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. At its March 15, 2022 Regular Meeting, City Council approved Ordinance No. 02-2022 at first reading. The Notice of Hearing was placed for advertisement in Florida Today on April 7, 2022 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: Mia Goforth Date: 4/6/22 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: 4/5/22 The City Manager recommends the City Council take the following action: Adopt Ordinance No. 02-2022, second reading. Approved by City Manager: Todd Morley Date: 4/6/22 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 61th 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 leag. thirds vote of the City Council of the City of Cape Canaveral, Florida, this 7th day of August, 2015. Rocky Randels, Mayor ATTEST: 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: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 08 - 2015 Page 7 of 7 SEAL of Cape Canaveral, Florida 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 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 Mia Goforth, CMC 39 City Clerk 40 Approved as to legal form and sufficiency 41 for the City of Cape Canaveral only by: 42 43 44 Anthony A. Garganese, City Attorney 45 City of Cape Canaveral Ordinance No. 34-2021 Page 7 of 7 SEAL of Cape Canaveral, Florida 1 ORDINANCE NO. 02-2022 Attachement 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 ORDINANCE NO. 02-2022 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 (g) 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 (h) 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 19th day of 5 April, 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: April 7, 2022 26 Second Reading: April 19, 2022 27 28 Approved as to legal form and sufficiency 29 for the City of Cape Canaveral only by: 30 31 32 33 34 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 02-2022 Page 7 of 7 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 19, 2022 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Ordinance No. 03-2022; amending the City Code to modify the compensation of the Mayor and Councilmembers effective December 1, 2024; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: City Manager's Office Summary: Section 2.04 of the City Charter provides that the City Council may, by ordinance, provide for the compensation of the Mayor and its Members and the method of payment of the same. The City Council last updated the compensation paid to the Mayor and members of the City Council over twenty-five years ago pursuant to Ordinance No. 30-94 (Attachment 1), which was adopted on August 2, 1994. Late last year, resident Patrick Campbell submitted a request to the City Manager that City Council consider updating compensation for City Council Members. The item was presented at the City Council Regular Meeting of February 15, 2022 at which City Council reached consensus to direct Staff to prepare an Ordinance to increase pay for the City's elected officials beginning Fiscal Year 2024/2025, based on the 2024 Consumer Price Index (CPI) published in the U.S. Bureau of Labor Statistics. The increase is to be based on Bureau's yet -to -be published rate in 2024 and shall be applied to the City Council's pay rate established in August, 1994. The Council's stated desire was to update the compensation only after the current terms of the Mayor and Council have been completed (Attachment 2). An example calculation for the period of November 1994 — November 2021 is included (Attachment 3). Ordinance No. 03-2022 (Attachment 4) establishes a method to calculate and create a new pay rate for elected officials, effective December 1, 2024. Submitted by City Manager: Todd Morley Date: 4/12/22 Attachments: 1. Ordinance No. 30-1994 2. February 15, 2022 City Council Minutes 3. CPI Calculation example 4. Draft Ordinance No. 03-2022 Financial Impact: The impact on the Fiscal Year 2024/25 Budget will be contingent on the actual CPI effective January 1, 2025; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/12/22 The City Manager recommends the City Council take the following action: Approve Ordinance No. 03-2022, first reading. Approved by City Manager: Todd Morley Date: 4/12/22: Attachment 1 ORDINANCE NO. 30-94 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SEC. 3, COMPENSATION OF OFFICERS OF THE CITY OF THE CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, that: SECTION 1. Article III, Sec. 3, Compensation of Officers, of the City of Cape Canaveral Charter is hereby repealed and re- enacted to read as follows: ARTICLE III SEC. 3, COMPENSATION OF OFFICERS The City Council may, by Ordinance, provide for the compensation of the Mayor, its members and its appointed officers, and the method of payment of the same. SECTION 2. The Code of Ordinances, City of Cape Canaveral, Article II, City Council, of Chapter 2, Administration, Division 2, Compensation, including Sections 2-41 and 2-42 is hereby amended to read as follows: ARTICLE II DIVISION 2. COMPENSATION Sec. 2-41. Established for councilmembers other than mayor. The compensation for the members of the city council other than the mayor shall be $2,400.00 per year. Sec. 2-42. Established for mayor. The compensation for the mayor shall be $3,200.00 per year. SECTION 3: Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or City of Cape Canaveral, Florida Ordinance No. 30-94 Page 2 invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 4. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith is repealed. SECTION 5. Effective Date. Section 2 of this ordinance shall take effect September 1, 1994. The remaining portions of the ordinance shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Brevard County, Florida, this 2nd day of August, 1994. Joy Salamone, MAYOR ATTEST: Faith G. Miller, CITY CLERK APPROVED AS TO FORM: John R. Kancilia, CITY ATTORNEY NAME YES NO BERGER X NICHOLAS X PORTER X RANDELS X SALAMONE X First Reading 7 / 19 / 9 4 Posted: 7/20/94 Advertised: 7/22/94 Second Reading: 8/2/94 Attachment 2 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, Attachment 3 US Inflation Calculator Easily calculate haw the buying power of the US dollar has changed from 1913-present;get inflation rates and inflation news US INFLATION NOM€ INFLATION AND PRICES- ENERGY,FOOD&HEALTH CARE INFLATION-, ITEMSADJUSTED FOR INFLATION INFLATION FAQ'S A&IXTT Q. Consumer Price Index Data from 1913 to 2022 Consumer Price Index(CPI-U)data is provided by the U.S.Department of Labor Bureau of Labor Statistic.This monthly pipeline of data is the gas powering this site's always-current Inflation Calculator.The following CPI data was updated by the government agency on April 11 and covers up to March 2022. Inflation data forApri I will be released on May 11,2022. What is the CPI?Before jumping into the data,if you want to learn about the Consumer Price Index and how it is used to calculate inflation,read this CPI article. All Urban Consumers-(CPI-U) 1913-2022* Annual Percent Change Year Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Avg Dec-Dec Avg-Avg 1993 142 6 143 1 143 6 144.0 1442 144.4 144.4 144 8 1451 145 7 1453 145 8 144.5 2 7 3 0 1994 1462 146.7 1472 147.4 1475 148.0 148.4 149.0 1491 1495 1497 149.7 1482 27 26 1995 150 3 150_9 1514 151.9 1522 1525 1525 152 9 153 2 153 7 153 6 1535 152 4 2 5 28 1996 154.4 154.9 155.7 1563 156.6 156.7 157.0 157.3 157.8 158.3 158.6 158.6 156.9 3.3 3.0 1997 159.1 159.6 160.0 160.2 160.1 160.3 160.5 160.8 161.2 161.6 161.5 1613 1605 1.7 23 1998 161.6 161.9 1622 1625 162.8 163.0 1632 163.4 163.6 164.0 164.0 163.9 163.0 16 16 1999 1643 1645 165 0 1662 1662 1662 166 7 167.1 167 9 168_2 1683 1683 166.6 27 22 2000 168.8 169.8 1712 1713 1715 172.4 172.8 172.8 173.7 174.0 174.1 174.0 1722 31 3.4 2001 1751 175.8 176-2 176.9 177.7 178.0 1775 1775 178.3 177.7 177.4 176.7 177.1 1.6 28 2002 177 1 177 8 178 8 1798 1793 179 9 180_1 180 7 1810 1813 1813 180_9 179 9 2 4 16 2003 181.7 183.1 1842 183.8 1835 183.7 183.9 184.6 185.2 185.0 1845 1843 184.0 1.9 23 2004 1852 1862 187.4 1880 189.1 189.7 189.4 1895 189.9 190.9 191.0 1903 188.9 3.3 27 2005 190.7 191.8 193.3 194.6 194.4 1945 195.4 196.4 198.8 1992 197.6 196.8 1953 3.4 3.4 2006 198 3 198 7 1998 2015 2025 202 9 2035 203 9 202 9 2018 2015 2018 201.6 2 5 32 2007 202.4 2035 205.4 206.7 207.9 208.4 208.3 207.9 208.5 208.9 2102 210.0 2073 4.1 28 2008 2111 211.7 2135 214.8 216.6 218.8 219.964 219.086 218.783 216573 212.425 210228 215.303 0.1 3.8 2009 211.143 212.143 212.709 213240 213.856 215.693 215351 215.834 215.969 216.177 216.330 215.944 214537 27 -0.4 2010 216.687 216.741 217.631 218.009 218.178 217.965 218.011 218312 218.439 218.711 218.803 219.179 218.056 1.5 16 2011 220223 221.309 223.467 224.906 225.964 225.722 225.922 226545 226.889 226.421 226230 225.672 224.939 3.0 3.2 2012 226.655 227.663 229392 230.085 229.815 229.478 229.104 230379 231.407 231317 230221 229.601 229594 17 21 2013 230280 232166 232.773 232.5531 232.445 233504 233546 233.877 234.149 233546 233.069 233.044 232.957 1.5 1.5 2014 233.916 234.781 236293 237072 237.900 238.41 238250 237.852 23,9.031 237.433 236.151 234.812 236.736 0.8 16 2015 233.707 234.722 236.119 236599 237.805 238.638 238.654 238316 237.945 237.838 237336 236525 237.017 0.7 0.1 2016 236.916 237.111 238.132 239261 240236 241.03,3 240.6,47 240.853 241.428 241.729 241.353 241.432 240.007 21 13 2017 242.834 243.603 243.801 244.524 244.733 244.455 244785 245514 246.819 246.663 246.669 246524 245.120 2.1 21 2018 247.867 248.991 249554 250546 251588 251.989 252.006 252.146 252.439 252.885 252.038 251233 251.107 1.9 24 2019 251.712 252.776 254202 255548 256.092 256.143 256571 256558 256.759 257.346 257208 256.974 255.657 23 18 2020 257.971. 258.678 258.115 256.389 256.394 257.797 259.101 259.918 260.280 260.388 260229 260.474 258811 14 12 2021 261582 263.014 264.877 267,054 269.195 271.696 273.003 273567 274.310 276.589 277.948 278.802 270.970 7.0 4.7 https://www.usinflationcalculator.com/inflation/consumer-price-index-and-annual-percent-chanees-from-1913-to-2008/ Formula and Example Formula: CPI November 2024-CPI November 1994 x $2,400 Example: CPI November 2021-CPI November 1994 x $2,400 Inputting chart data: 277.948 - 149.7 x $2,400 = $4,456.08 Cross-checking with CPI Calculator Tool: U.S.BUREAU OF LABOR STATISTICS HOME v SUBJECTS v DATA TOOLS' PUBLICATIONS v ECONOMIC RELEASES v CLASSROOM v BETA v Bureau of Labor Statistics>Data Tools 7 Charts and Applications Inflation Calculator CPI Inflation Calculator TOP PICKS SERIES REPORT $ 2,400.00 PUBLIC DATA API in November 1991 DISCONTINUED DATABASES has the same buying power as FAQ'S $4,456.O8 SPECIAL NOTICES in November 2021 MORE SOURCES OF DATA calculate https://www.bls.gov/data/inflation calculator.htm Attachment 4 ORDINANCE NO. 03-2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY CODE TO MODIFY THE COMPENSATION OF THE MAYOR AND COUNCILMEMBERS EFFECTIVE DECEMBER 1, 2024; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City 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, Section 2.04 of the City Charter provides that City Council may, by ordinance, provide for the compensation of the mayor and its members and the method of payment of the same; and WHEREAS, the City Council last updated the compensation paid to the Mayor and members of the City Council over twenty-five years ago pursuant to Ordinance No. 30-94, which was adopted on August 2, 1994; and WHEREAS, after the current terms of the Mayor and members of the City Council have been completed, the City Council desires to update the compensation paid to the Mayor and members of the City Council based on utilizing the then current Consumer Price Index as more specifically set forth in this Ordinance; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds 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 COUNCIL OF 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. Section 2. Amending Chapter 2 - Administration. The City of Cape Canaveral Code of Ordinances, Chapter 2 —Administration is hereby amended as set forth below (underlined type indicates additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance of said Chapter 2 that shall remain unchanged in the City Code): CHAPTER 2 - ADMINISTRATION City of Cape Canaveral Ordinance No. 03-2022 Page 1 of 3 ARTICLE II. — CITY COUNCIL *** DIVISION 2. COMPENSATION Sec. 2-41. Established for councilmembers other than mayor. The compensation for the members of the city council other than the mayor shall be $2,400.00 per year until December 1, 2024 at which time the compensation amount shall be adjusted one time utilizing the then most current U.S. Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (inflation calculator) based on 1994 equivalent dollars. (CPI November 2024 - CPI November 1994 x $2,400 = New Compensation Amount). Sec. 2-42. Established for mayor. The compensation for the mayor shall be $3,200.00 per year until December 1, 2024 at which time the compensation amount shall be adjusted one time utilizing the then most current U.S. Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (inflation calculator) based on 1994 equivalent dollars. (CPI November 2024 - CPI November 1994 x $3,200 = New Compensation Amount). 1 Secs. 2-43-2-55. Reserved. 2 3 *** 4 5 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 6 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 7 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 8 9 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 10 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 11 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 12 and like errors may be corrected and additions, alterations, and omissions, not affecting the 13 construction or meaning of this ordinance and the City Code may be freely made. 14 15 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 16 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 17 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 18 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 19 the validity of the remaining portions of this Ordinance. 20 21 Section 6. Effective Date. This Ordinance shall become effective immediately upon 22 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 23 Charter. City of Cape Canaveral Ordinance No. 03-2022 Page 2 of 3 1 2 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 3 of , 2022. 4 5 6 Wes Morrison, Mayor 7 8 ATTEST: 9 10 For Against 11 12 Mia Goforth, CMC Kim Davis 13 City Clerk 14 Mickie Kellum 15 16 Wes Morrison 17 18 Angela Raymond 19 20 Don Willis 21 22 First Reading: April 19, 2022 23 Advertisement: 24 Second Reading: 25 26 Approved as to legal form and sufficiency 27 for the City of Cape Canaveral only by: 28 29 30 Anthony A. Garganese, City Attorney 31 City of Cape Canaveral Ordinance No. 03-2022 Page 3 of 3 ITEM # 9 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: March 18, 2022 RE: Monthly Financial Report — February 2022 Staff is pleased to present the Monthly Financial Report for the period ending February 28, 2022. At this point in the Fiscal Year, the Year to Date Actuals should be 41.7% of the total annual budget. Total General Fund Departmental costs are above target at 48.3%. Administrative Services is running above target at 56%. Fire Rescue and Protective Services combined costs are over target by 5.2%. Community/Economic Development and Building/Code Enforcement are under cost by 21.2%. Leisure Services is 12.8% below target. Non -Departmental expenditures are over budgetary projections at 53.7%. The Community Redevelopment Agency (CRA) has incurred $3,294,827 of expenses for the current Fiscal Year. Wastewater Fund overall costs are on target at 42.2%. The Stormwater Fund is under target cost at 32.2%. The City's General Fund investments total $7,820,214.17; Special Revenue investments total $396,585.74; and Enterprise Fund investments total $552,502.88. The Grand total of all investments is $8,769,302.79. 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 February 28, 2022 Revenue Ad Valorem Tax To date, the City has received 91.2% 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 through December and accruals for January and February. It is right on target at 42.8%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents actuals for October through December and accruals for January and February. These are close to target at 41.0%. Permits and Licenses Permits and Licenses are below target at 28.0%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues This amount represents actuals for October through December and accruals for January and February. 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 44.4%. Garbage and Recycling Revenues This amount represents actual collections for October through January and an accrual for February. These are right on target at 41.9%. Recreation Fees (Leisure Services) Recreation Fees are slightly above target at 43.7%. This revenue source continues to have unknown ramifications of COVID-19. Investment Income Investment Income is below target at 22.2%. 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 January and an accrual for February. It is right on target at 42.1%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October through January and an accrual for February. It is slightly below target at 39.2%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended February 28,2022 GENERAL FUND FY 2021-2022 FEB 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,401,200 0.0% 583,833 Cash Forward - R&R 595,500 0.0% 248,125 Ad Valorem Taxes 5,138,467 4,685,837 91.2% 2,141,028 Local Option Gas Tax 320,000 137,059 42.8% 133,333 Franchise Fees 844,168 345,240 40.9% 351,737 Utility Taxes 1,237,596 502,290 40.6% 515,665 Communications Service Tax 392,450 160,989 41.0% 163,521 Permits & Licenses 666,800 186,679 28.0% 277,833 Impact Fees 701,250 1,380 0.2% 292,188 State Grants 253,600 0.0% 105,667 State Shared Revenue 946,795 420,066 44.4% 394,498 Local Shared Revenue 138,918 0.0% 57,883 Charges for Services 24,250 10,397 42.9% 10,104 Garbage & Recycling Revenue 1,216,484 509,814 41.9% 506,868 Recreation Fees 75,375 32,948 43.7% 31,406 Fines & Forfeitures 14,325 4,050 28.3% 5,969 Interest Income 57,270 12,686 22.2% 23,863 Fire Hydrant Rental Fee 81,800 27,352 33.4% 34,083 Miscellaneous Revenue 95,300 14,051 14.7% 39,708 PAL Program Revenue 41,000 38,869 94.8% 17,083 Transfer from School Guard Crossing Fund 2,050 0.0% 854 Transfer from CRA Fund 686,093 774,055 112.8% 285,872 Contribution from Wastewater Fund 707,506 294,794 41.7% 294,794 Contribution from Stormwater Fund 19,566 8,153 41.7% 8,153 Loan Proceeds 3,950,000 1,850,000 46.8% 1,645,833 TOTAL REVENUES $ 19,607,763 $ 10,016,708 51.1% $ 8,169,901 EXPENDITURE Legislative 74,948 41,951 56.0% 31,228 Administrative Services 575,650 222,275 38.6% 239,854 Comm Dev/Code Enf/Econ Development 791,259 269,428 34.1% 329,691 Protective Services 3,309,761 1,583,193 47.8% 1,379,067 Fire/Rescue Services 2,647,475 1,080,608 40.8% 1,103,115 Building 330,190 92,701 28.1% 137,579 Infrastructure Maintenance 1,405,460 772,174 54.9% 585,608 Community and Cultural Affairs 295,128 81,620 27.7% 122,970 Leisure Services 1,348,753 389,594 28.9% 561,980 Legal Services 297,432 58,626 19.7% 123,930 Solid Waste 1,211,916 408,469 33.7% 504,965 Debt Service 1,292,475 1,368,616 105.9% 538,531 Non-Departmental 5,792,823 3,109,569 53.7% 2,413,676 Contingency 234,493 0.0% 97,705 TOTAL EXPENDITURES $ 19,607,763 $ 9,478,825 48.3% $ 8,169,901 Excess of Revenues Over / (Under) Expenditures $ 537,883 Page 1 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended February 28,2022 POLICE EDUCATION FUND FY 2021-2022 FEB 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,380 350 25.4% 575 Interest Income 230 46 19.8% 96 TOTAL REVENUES $ 1,610 $ 396 24.6% $ 671 EXPENDITURE Education &Training - 0.0% - Contingency 1,610 0.0% 671 TOTAL EXPENDITURES $ 1,610 $ - 0.0% $ 671 Excess of Revenues Over / (Under) Expenditures $ 396 FIRE PROTECTION FUND FY 2021-2022 FEB 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - 0.0% - Interest Income 504 117 23.3% 210 Impact Fees 9,500 0.0% 3,958 TOTAL REVENUES $ 10,004 $ 117 1.2% $ 4,168 EXPENDITURE Transfer to General Fund - 0.0% - Contingency 10,004 0.0% 4,168 TOTAL EXPENDITURES $ 10,004 $ - 0.0% $ 4,168 Excess of Revenues Over / (Under) Expenditures $ 117 Page 2 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended February 28, 2022 SCHOOL CROSSING GUARD FUND FY 2021-2022 FEB 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 500 Parking Fine Surcharge 850 160 18.8% 354 Interest Income - 0.0% - TOTAL REVENUES $ 2,050 $ 160 5.4% $ 854 EXPENDITURE Transfer to General Fund 2,050 0.0% 854 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,050 $ - 0.0% $ 854 Excess of Revenues Over / (Under) Expenditures $ 160 LIBRARY FUND FY 2021-2022 FEB 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward - 0.0% - Ad Valorem Taxes 67,481 61,600 91.3% 28,117 Ad Valorem Tax Delinquent 50 0.0% 21 Tax Penalty Income 60 11 18.5% 25 Interest Income 6,180 1,280 20.7% 2,575 Interest- Library Impact Fees - 0.0% - Interest-Tax Collections 42 3 8.0% 18 Impact Fees-Library 12,100 240 2.0% 5,042 Miscellaneous Revenue - 0.0% - TOTAL REVENUES $ 85,913 $ 63,134 73.5% $ 35,797 EXPENDITURE Operating Expenses 40,100 17,567 43.8% 16,708 Capital Purchases 30,000 7,275 24.2% 12,500 Contingency 15,813 0.0% 6,589 TOTAL EXPENDITURES $ 85,913 $ 24,842 28.9% $ 35,797 Excess of Revenues Over / (Under) Expenditures $ 38,292 Page 3 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended February 28,2022 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2021-2022 FEB 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% 392,943 Interest Income 288 0.0% 392,943 Transfer from General Fund 3,793,193 1,850,000 48.8% 120 Transfer from Stormwater 65,000 65,000 100.0% 1,580,497 TOTAL REVENUES $ 5,744,605 $ 3,801,124 66.2% $ 2,366,502 EXPENDITURE Operating Expenses 11,559 565 4.9% 4,816 Capital Purchases 4,783,693 2,467,883 51.6% 1,993,205 Debt Service 938,417 826,379 88.1% 391,007 Contingency 10,936 0.0% 4,557 TOTAL EXPENDITURES $ 5,744,605 $ 3,294,827 57.4% $ 2,393,585 Excess of Revenues Over / (Under) Expenditures $ 506,297 LAW ENFORCEMENT TRUST FUND FY 2021-2022 FEB 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 7,526 3,161 42.0% 3,136 Contraband Income 1,000 363 36.3% 417 Interest-State 45 7 14.5% 19 TOTAL REVENUES $ 8,571 $ 3,530 41.2% $ 3,571 EXPENDITURE School Resource Officer 6,203 3,102 50.0% 2,585 Contingency 2,368 0.0% 987 TOTAL EXPENDITURES $ 8,571 $ 3,102 36.2% $ 3,571 Excess of Revenues Over / (Under) Expenditures $ 429 Page 4 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended February 28,2022 WASTEWATER ENTERPRISE FUND FY 2021-2022 FEB 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 434,000 330,000 76.0% 180,833 Utility Operating Income 4,056,805 1,707,176 42.1% 1,690,335 Utility Penalty Income 62,015 16,628 26.8% 25,840 Sewer Assessment Fees 84,000 4,046 4.8% 35,000 Reuse Hook-Up Fees 2,925 0.0% 1,219 Reclaimed Water Revenue 91,650 30,727 33.5% 38,188 Investment Income 6,240 1,129 18.1% 2,600 Sale of Fixed Assets 2,000 0.0% 833 Interfund Transfer - 0.0% - Transfer from CC CRA Fund 52,324 52,324 100.0% 21,802 SRF Loan Proceeds 2,096,500 581,330 27.7% 873,542 State Grants - 128,400 0.0% - Miscellaneous Income 2,000 81,671 4083.5% 833 TOTAL REVENUES $ 6,890,459 $ 2,933,432 42.6% $ 2,871,025 EXPENDITURE Personal Services 1,683,277 678,450 40.3% 701,365 Operating Expenses 1,338,021 473,755 35.4% 557,509 Debt Service 551,629 268,450 48.7% 229,845 Capital Purchases 2,530,500 1,194,154 47.2% 1,054,375 Contribution to General Fund 707,506 294,794 41.7% 294,794 Contingency 79,526 0.0% 33,136 TOTAL EXPENSES $ 6,890,459 $ 2,909,603 42.2% $ 2,871,025 Excess of Revenues Over / (Under) Expenses $ 23,828 Page 5 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended February 28,2022 STORMWATER ENTERPRISE FUND FY 2021-2022 FEB 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 205,100 86,142 42.0% 85,458 Stormwater Utility Fees 1,159,200 453,950 39.2% 483,000 Investment Income 2,376 843 35.5% 990 Miscellaneous Income 11,752 0.0% - Grant-FIND 131,400 0.0% 54,750 TOTAL REVENUES $ 1,498,076 $ 552,687 36.9% $ 624,198 EXPENDITURE Personal Services 323,291 135,227 41.8% 134,705 Operating Expenses 295,590 49,694 16.8% 123,163 Capital Purchases 336,500 225,000 66.9% 140,208 Contribution to General Fund 19,566 8,153 41.7% 8,153 Transfer to CRA 65,000 65,000 100.0% 27,083 Contingency 458,129 0.0% 190,887 TOTAL EXPENSES $ 1,498,076 $ 483,073 32.2% $ 624,198 Excess of Revenues Over / (Under) Expenses $ 69,614 Page 6 of 6 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of February 28,2022 the following funds were invested with the State of Florida Division of Treasury,with a rate of return 0.55% Interest earned for the month: $ 2,140.33 General Fund Restricted(by outside party) Total Restricted $ - Committed(Constrained by Council) Expansion Recreation 44,194.80 Expansion Police 33,459.92 Capital Equipment Renewal&Replacement 661,453.33 Total Committed $ 739,108.05 Assigned-General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 709,772.38 Total General Fund SPIA Investments: $ 2,944,229.44 Florida Safe General Fund Emergency Reserve-0.06%(average monthly) 1,253,111.04 Florida Safe Combined-Note 2017-0.06%(average monthly) 749,849.37 Florida Safe Note 2021 -0.06%(average monthly) 250,225.41 Florida Safe ARPA Reserve-0.06%(average monthly) 2,622,798.91 $4,875,984.73 Total General Fund Florida Safe Investments: $ 4,875,984.73 Total General Fund Investments: $ 7,820,214.17 Special Revenue Funds Restricted(by outside party) Police Education Fund 12,490.49 Aerial Fund 32,084.24 School Crossing Guard Fund - Library Fund 164,974.25 Library Fund Restricted 185,249.35 Law Enforcement Trust Fund 1,787.42 Capital Expansion Funds: Fire Rescue Capital Expansion - General Government Capital Expansion Total Restricted $ 396,585.75 Total Special Revenue Fund SPIA Investments: $ 396,585.74 Enterprise Funds Wastewater Fund: Wastewater General-Unrestricted - Wastewater Fund Renewal&Replacement 300,783.94 $ 300,783.94 Stormwater Fund: Stormwater Fund-Unrestricted - Stormwater Fund Renewal&Replacement 251,718.94 $ 251,718.94 Total Enterprise Fund SPIA Investments: $ 552,502.88 TOTAL SPIA & FLSAFE INVESTMENTS $ 8,769,302.79 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 19, 2022 AGENDA ITEM SUMMARY • ITEM # 10 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: Monthly metrics (2/1/2022 thru on 3/1/2022): • Remittance to City - $2,700 • Properties sent a compliance letter for operating without a City BTR— 1 • BTRs issued - 10 • Code Enforcement investigations of violations of the seven-day minimum rental requirement as reported by ProChamps: 109 • Courtesy Notices Sent - 0 • Notice of Violations Issued —0 • Upcoming Hearings Scheduled —tbd • Hearing Outcome - tbd Cumulative implementation metrics (10/1/2021 thru on 4/1/2022): • Number of vacation rental properties identified - 279 • Courtesy Notices Sent: 0 • Number of registered properties — 168 • Notice of Violations Issued: 0 • Number of complaints — 1 Submitting Department Director: David Dickey Date: 4/12/22 Attachment: n/a Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/12/22 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: 4/12/22