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CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA January 17, 2023 6:00 P.M. Please email public comments before noon to: cityclerk@cityofcapecanaveral.org For remote viewing/participation, please visit: www.cityofcapecanaveral.org/city_meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS All Agenda Section times are estimates and subject to change. PRESENTATIONS/INTERVIEWS 1 6:00 p.m. - 6:30 p.m. Presentation to the Financial Services Department of the Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2021. Interview Applicants for appointment to the Business and Economic Development Board. (Stuart Smith, Shawna Taylor, Chelsea Partridge, Dawn C. Mays, Tom Hermansen, Robert Baugher, Jayne Saydah) PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA 1 6:45 p.m. — 6:50 p.m. 1. Approve the Minutes of the City Council December 6, 2022 and December 20, 2022 Regular Meetings. 2. Endorse the Adopt -A -Rain Barrel Program. 3. Schedule a City Council Workshop Meeting on the Civic Hub Project, hosted by Kimley-Horn and Associates, Inc. for Tuesday, February 7, 2023 at 4:00 p.m. ITEMS FOR ACTION 1 6:50 p.m. — 7:20 p.m. 4. Resolution No. 2023-01; appointing Members to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Consider the Proposal from Kimley-Horn and Associates, Inc. (KH) in the amount of $25,000 for the completion of the Presidential Streets Phase 2 One -Way Roadway Study. 6. Approve an option for Audio and Video Production/Services Upgrade in the amount of up to $62,844.56 and to include the rate of $110 per hour for technical support. City of Cape Canaveral, Florida City Council Regular Meeting January 17, 2023 Agenda • Page 2 of 2 PUBLIC HEARINGS 1 7:20 p.m. — 7:40 p.m. 7. Ordinance No. 02-2023; amending the Solid Waste Agreement between the City and Waste Pro of Florida, Inc., pursuant to Section 2.12 of the City Charter, to adopt a new residential and commercial rate and extend the term of the franchise until September 30, 2027; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. 8. Ordinance No. 03-2023; amending Chapter 22 — Community Development to modify the duties of the Business and Economic Development Board to include serving in the role of the City of Cape Canaveral Community Redevelopment Agency Advisory Board; providing for the purpose and duties of the City of Cape Canaveral Community Redevelopment Advisory Board; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. ITEMS FOR DISCUSSION 1 7:40 p.m. — 8:00 p.m. 9. Discuss the dangers of electric bikes on City sidewalks. (Submitted by Mayor Pro Tem Raymond/Postponed on December 20, 2022) 10. Discuss the removal of the playground feature from Veterans Memorial Park redevelopment plans and re -appropriate the feature for consideration as part of the Civic Hub project. (Submitted by Council Member Kellum/Postponed on December 20, 2022) REPORTS 1 8:00 p.m. — 8:10 p.m. INFORMATIONAL I Items are presented for informational purposes only; no action to be taken. 11. Monthly Financial Report — November 2022. 12. ProChamps Update. 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 • JANUARY 17, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2021. Department: Legislative Summary: The Government Finance Officers Association (GFOA) has recognized the Financial Services Department for excellence in Financial Reporting by awarding "The Certificate of Achievement for Excellence in Financial Reporting" for its Annual Comprehensive Financial Report (ACFR). The Certificate of Achievement (Attached) is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The ACFR was judged by an impartial panel to meet the highest standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the ACFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals. This is the 27th consecutive year that the City of Cape Canaveral's Financial Services Department has received this prestigious award for excellence in financial reporting. The award exemplifies the dedication, knowledge and professionalism of the Financial Services Department Staff. Submitting Council Member: Mayor Morrison Attachment: Certificate Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Recognize the Financial Services Department with The Certificate of Achievement for Excellence in Financial Reporting. Approved by City Manager: Todd Morley GD Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Cape Canaveral Florida For its Annual Comprehensive Financial Report For the Fiscal Year Ended September 30, 2021 04 44424yG P 7,i:u Executive Director/CEO CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 17, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Interview Applicants for appointment to the Business and Economic Development Board. (Stuart Smith, Shawna Taylor, Chelsea Partridge, Dawn C. Mays, Tom Hermansen, Robert Baugher, Jayne Saydah) Department: Community and Economic Development Summary: The Business and Economic Development Board (Board) is an advisory board to the City Council and consists of seven members. Currently, there are six (6) vacancies. Ron Foleno, the owner of Oceanside Distillery is the only current member. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. However, since there are currently six (6) vacancies on the BED Board, a quorum could not be convened to interview applicants. Per City Code of Ordinances Sec. 2-171, the BED Board is unique among City boards in that only two members are required to be residents. Individuals that have submitted an application (in chronological order of receipt of application) for the BED Board include: 1. Stuart Smith (May 2, 2022) — per the submitted application, the applicant resides in Cape Canaveral, and is the Chief Executive Officer of the Florida Association of Veteran Owned Businesses. The applicant has experience in strategic planning, business/community involvement, and veteran issues. 2. Shawna Taylor (October 31, 2022) - per the submitted application, the applicant resides in Cape Canaveral, and owns an online weight loss business. The applicant has experience serving on a nonprofit board, and consulting for other businesses. 3. Chelsea Partridge (November 20, 2022) — per the submitted application, the applicant resides in Brevard County, and is a past member of the Brevard Soil and Water Conversation District, the Brevard County Board of Adjustments, and the Brevard County Economic Development Council. The applicant has experience on several non-profit advisory boards. 4. Dawn C. Mays (December 13, 2022/Updated January 6, 2023) — per the submitted application, the applicant resides in Satellite Beach and owns a significant amount of property in the City, to include office and industrial properties adjacent to Imperial Boulevard. The applicant has served on several non-profit advisory boards. 5. Tom Hermansen (December 16, 2022) — per the submitted application, the applicant resides on Merritt Island and owns a significant amount of property in the City, to include several hotels and the 8550 Astronaut Boulevard property where Life Storage is located. The applicant was the past Chair of the Brevard County Tourist Development Council. 6. Robert Baugher (December 20, 2022) — per the submitted application, the applicant resides in Cocoa Beach, and owns a significant amount of property, including several hotels in the City of Cape Canaveral City Council Meeting • January 17, 2023 Presentations/Interviews Page 2 of 2 City. The applicant has served on the Brevard County Transportation Planning Organization and the Brevard County Tourist Development Council. 7. Jayne Saydah (January 3, 2023) — per the submitted application, the applicant has lived in the City limits of Cape Canaveral for a period of less than 12 months, and therefore, cannot be considered a resident of the City for board appointment purposes. The applicant is an environmental engineer and attorney; owns her own firm that specializes in patent law, and served on a civil court arbitration board. Based on the Applicants' interest and willingness to volunteer, it is recommended that Council interview the aforementioned individuals for membership on the Board. Board appointments are typically for three-year terms; however, a member may be appointed for less than three years in order to stagger the terms of the entire board. Therefore, Staff is recommending, via the Resolution item scheduled for consideration later in this meeting, Council appoint two members each for terms ending in 2023, 2024, and 2025. Submitting Department Director: David Dickey Date: Attachments: 1. Board Application (Stuart Smith) 2. Board Application (Shawna Taylor) 3. Board Application (Chelsea Partridge) 4. Board Application (Dawn C. Mays) 5. Board Application (Tom Hermansen) 6. Board Application (Robert Baugher) 7. Board Application (Jayne Saydah) Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following action: Interview Applicants (Stuart Smith, Shawna Taylor, Chelsea Partridge, Dawn C. Mays, Tom Hermansen, Robert Baugher, Jayne Saydah). Approved by City Manager: Todd Morley Date: 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: Stuart Smith Home Address: 215 Coral Drive Cape Canaveral, FL Phone Number. 321-313-5325 Occupation: CEO Florida Association of Veteran Owned Businesses Business Phone: 321-313-5325 Business Address: 835 Bennett Rd. Orlando, FL 32803 Email: ceo@favob.org 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? II Yes ❑ No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? Ills Yes 0 No 3. Are you a Business owner? ■ Yes 0 No a. If yes, please list the name: FacilitationWerks! 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 I■-1 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 0 No Initials: SS 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: Economic development 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. Board of Adjustment* b. 1 Business and Economic Development Board c. 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 7 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: None 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. Significant experience in strategic planning, business community involvement and veterans issues 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 0 Female ❑ Hispanic American 0 Other El Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN 1S 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. Signat Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 Date: HH1212-2 OFFICE USE ONLY TCEOVE HAY 0'l 2022 HAY 2 2022 Enter Date & Time Received 2/ O2 - ‘,75/02-7 City of Cape Canaveral Advisory Board Application Pg. 3 STUART SMITH, CEO FLORIDA ASSOCIATION OF VETERAN OWNED BUSINESSES Community and Veteran Leader Stuart is the Chief Executive Officer of the Florida Association of Veteran Owned Businesses. As CEO, he is responsible to grow the state-wide organization to be the recognized voice for veteran - owned businesses that positions Florida as the "Veteran State of Choice" to own and operate a business. Stuart entered Army active duty from Brevard County, Florida. He now resides in Cape Canaveral. He served with distinction during two enlistments as an infantry soldier. He was regularly promoted above his peers, held positions of increasing responsibility and above his grade, culminating as the Chief of Instructor Development in the Non-commissioned Officers Education System. He was recognized in 1987 as the 9th Infantry Division, I Corps and US Forces Command (FORSCOM) Soldier of the Year. He is the son of an Airforce retired veteran. He was married on active duty to his wife and fellow soldier. His brother is a Navy veteran. Stuart and Janice's son currently serves in the US Army as a Blackhawk helicopter Crew Chief. Stuart is a 100% service -connected disabled veteran. He now focuses his volunteer efforts on Veterans' advocacy in employment and entrepreneurship. He is a founding board member of the Florida Association of Veteran Owned Businesses (FAVOB), Space Coast Chapter. He has led the Military Affairs Council of the Cocoa Beach Regional Chamber of Commerce. He is a member of the Disabled American Veterans, American Legion, and life member of the Brevard County Veterans Center. He is a past Board Member of the Atlanta Society for Human Resource Management (SHRM) and SHRM National; previous member of the International Association of Facilitators and the Association of Strategic Planners (ASP) and the American Society for Quality. He is a former Rotarian and lives by the Rotary Motto "Service Above Self." Awards and honors • 2022 Small Business Association (SBA) South Florida Veterans Advocate of the Year • 2018 inductee into the Space Coast Public Service Hall of Fame, Outstanding Military Service Award, Brevard County, FL, Sheriff Wayne Ivey • 2017-2020 Small Business of the Month winner and Small Business of the Year finalist, Cocoa Beach Area Chamber of Commerce • 2012 Awarded the SHRM Atlanta Presidential Volunteer Leadership Award for leading SHRM Atlanta's Veteran Hiring Initiative • 2010 Named Paul Harris Fellow, the Rotary Foundation of Rotary International and awarded the Pat Adkins "Rotarian of the Year" award 2010 for his veteran advocacy work • 1995 Governor Executive Fellow, State of Washington Mike Lowry, Governor • 1987 9th Infantry, I CORPS and US Forces Command (FORSCOM) Soldier of the Year Experience As an employee of organizations and since 2008, as an independent consultant and owner of FacilitationWerks!, Stuart has led and supported large-scale strategic initiatives, helping organizations both install and realize the benefits of quality systems management, customer relationship management, enterprise technology systems, organization design efforts and leadership development. 1 STUART SMITH, CEO FLORIDA ASSOCIATION OF VETERAN OWNED BUSINESSES He has studied strategy execution over the past twenty-five years. He is a past national member of the Association of Strategic Planning and has facilitated or co -facilitated thirty comprehensive and specific -focus strategic planning sessions for business, govemment, and not -for -profit clients. He brings the best in recognized planning processes to bear, while developing organizational capacity. He has over thirty years' experience with thousands of hours delivering in -person training sessions in leadership, communication, decision -making, resource and project management, quality program management. He has designed and facilitated +500 in -person and virtual meetings, work sessions, off -sites, and retreats to develop plans, solve problems address conflict, build teams, and lead change. He began facilitating small -group leadership programs in US Army leadership schools. Education Stuart eamed his Bachelor of Science in Workforce Education from Southem Illinois University (Carbondale) and a Master of Education, HR Concentration from Seattle Universfy. Certifications He has developed his facilitation skills eaming recognition in the field and has held the following professional facilitation certifications: > Certified Master Facilitator (CMF), International Institute for Facilitation > Certified Professional Facilitator (CPF), International Association of Facilitators Stuart is also a well-rounded business leader and has mastered the body of knowledge and held the following professional certifications: > Baldrige Examiner Training Experience, Baldrige Performance Excellence Program, National Institute of Science and Technology, 2020 > Senior Professional of Human Resources (SPHR), Society for Human Resource Management, 2008-2012 > Certified Manager of Quality and Organizational Excellence (CMQOE) and Senior Manager, American Society for Quality, 2004-2012 > Trained Six Sigma Black and Green Belt. Georaia Tech 2002 > Trained Change Management Practitioner, 2000 Conner and Associates Stuart J. Smith 321-313-5325 ceo©favob.org http:I/www.linkedin.com/Dub/stuart-smith/0/a06/634 2 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 — Fax (321) 868-1248 Attachment 2 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: Shawna Taylor Home Address: 7008 Sevilla Ct #504 Cape Canaveral FL 32920 Phone Number: 3212988253 Occupation: Business Owner/Consultant Business Phone: 3212988253 Business Address: Online Email: Pslweightloss@yahoo.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? II Yes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? ® Yes 0 No 3. Are you a Business owner? 0 Yes 0 No a. If yes, please list the name: Metabolic Weight Loss 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 M 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? M Yes ❑ No Initials: st 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑Yes lliNo 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: I believe that the growth and development of every city relies on the engagement of the cities residents. In addition I think my experience would help with Cape Canaverals growth and development 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. 4 Board of Adjustment* b. 1 Business and Economic Development Board c. 3 Community Appearance Board d. 2 Culture and Leisure Services Board e. 5 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: N/A I served on a non for profit board 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Ive worked as a consultant for many business as well as an executive coach 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 0 Female ❑ Hispanic American 0 Other ❑ Caucasian E Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: xShawna Taylor Date: 1 0-31-22 Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED NOV 0 2 2022 Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 3 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: Chelsea Partridge Home Address: 6731 Opal Ave, Cocoa FL 32927 Phone Number: 904-412-8441 Occupation: Engineer, Lockheed Martin Business Phone: Business Address: Kennedy Space Center, FL 32899 Email: supervisor.chelsea@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? M Yes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 0 Yes NI No 3. Are you a Business owner? 0 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 MINo 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? MI Yes 0 No Initials: CP 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes MINo 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: I am interested in serving the vision of Cape Canaveral and making the city more economically diverse, sustainable, and resilient while helping the residents achieve more economic opportunity. 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. 5 Board of Adjustment* b. 1 Business and Economic Development Board c. 4 Community Appearance Board d. 3 Culture and Leisure Services Board e. 2 Planning and Zoning Board* * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: I have been previously elected to the Brevard Soil & Water Conservation District, have served on the Brevard County Board of Adjustments, and on the board of the Economic Development Council of the Space Coast 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. I work as an engineer for Lockheed Martin. I have served m the Economic Development Council of the Space Coast as a board member, have served on Brevard Soil & Water Conervation District and on the UF/IFAS Brevard Extension Council. 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: 0 African American Gender. 0 Male ❑ Asian American 0 Female ❑ Hispanic American 0 Other O Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Please return to: City of Cape Canaveral Office of the Clerk P.O. Box 326 Cape Canaveral Florida 32920 Date: 11/27/22 City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 4 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: Dawn C Mays Home Address: 400 Imperial Blvd Phone Number: 321-783-2400 Occupation: Business Owner Business Phone: 321-783-2400 Business Address: 400 Imperial Blvd, Cape Canaveral Email: dmays@calloneonline.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? 0 Yes • No 3. Are you a Business owner? • Yes 0 No a. If yes, please list the name: Call One, Sheldon Cove, Hello Direct 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 II 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 0 No Initials: 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes MI 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: I would like to contribute to the smart growth and development of the city. 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. Board of Adjustment* b. x Business and Economic Development Board c. 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: I have not served on a government board or committee, but have served on several non profit boards. 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. MBA 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: 0 Male ❑ Asian American 0 Female ❑ Hispanic American 0 Other O Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Dawn C Mays Date: 12/13/2022 Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEVIED CCO DL Date: Dec 16 2022 Enter Date & Time Recevied City of Cape Canaveral Advisory Board Application Pg. 3 Updated First Page Rec'd 01/06/2023 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: Dawn C Mays Home Address: 281 Lansing Island Dr., Satellite Beach, FL 32937 Phone Number: 321-783-2400 Occupation: Business Owner Business Phone: 321-783-2400 Business Address: 400 Imperial Blvd, Cape Canaveral Email: dmays©calloneonline.com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? • Yes ❑ No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 0 Yes • No 3. Are you a Business owner? 111 Yes 0 No a. If yes, please list the name: Call One, Sheldon Cove, Hello Direct 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 E. 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 6 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 0 No Initials: 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ YesNo a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 Attachment 5 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: Tom Hermansen Home Address: 400 Serendipity Ln, Merritt Island, FL 32952 Phone Number: 941.587.2808 Occupation: Hotels and real estate developer Business Phone: same as cell Business Address: 5500 N Atlantic Ave, Cocoa Beach, FL 32931 Email: tomh@oceanpartnerscb.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? 0 Yes • No 3. Are you a Business owner? • Yes 0 No a. If yes, please list the name: Springhill & Townplace /8550 Astronaut/BRB/Maysen/8 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 0 No Initials: TCH 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: I have varied businell interests in Cape Canaveral and am one of its largest land owners through various r 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. Board of Adjustment* b. 1 ___ Business and Economic Development Board c. 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: Brevard Tourist Development Councul (past chair) 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. Real estate developer and business owner / operator 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: 0 African American Gender: 0 Male ❑ Asian American 0 Female ❑ Hispanic American 0 Other • Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 12/15/22 Date: OFFICE USE ONLY RECEIVED By Daniel LeFever at 3:51 pm, Dec 16, 2022 Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 6 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: Robert A. Baugher Home Address: 1640 Sunset Dr. Cocoa Beach, FL 32931 Phone Number: 321-693-0095 Occupation: Self-employed, Real Estate, Retail Business Phone: 321 784-2318 Business Address: 2210 S. Atlantic Ave., CB FL (Office) Email: bbaugher@CocoaBeachSurf.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? iD Yes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 0 Yes .t No 3. Are you a Business owner? 0 Yes. 0 No a. If yes, please list the name: Radisson @ The Port, Springhill Suites, 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. O Yes , 1 No O Yes 0 No a. If yes, have your civil rights been restored? 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes I3,,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 voluntriilly consent to having a standard background check performed on you by,4) City)of Cape Canaveral? I Yes ❑ No (/ i Initial 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes LI,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: To see City Improve with citizens help 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. Board of Adjustment* b. x Business and Economic Development Board c. 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: TDC, TPO 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) tha you feel help to qualify you for membe ,ship op the desired board or committee. Built multiple successful business 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. i ' Male ❑ Asian American 0 Female ❑ Hispanic American ❑ Other -EJ,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. Signature: Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED DEC 20 2022 CCO DL Enter Date & Time Received 12-19-2022 Date: City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 7 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: Jayne Saydah Home Address: 609 Shorewood Drive Unit 203 Phone Number: 6102569985 Occupation: Patent Attorney Business Phone: 6102569985 Business Address: Email: JayneSaydah@Outlook.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? M Yes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 0 Yes M No 3. Are you a Business owner? M Yes 0 No a. If yes, please list the name: Jayne Saydah Law Firm 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 I■ —I 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 I■l 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? M Yes 0 No Initials: JS 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes I■l 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: I am very interested in helping ensure that Cape Canaveral continues to be a place that everyone wants to live, vacation, work and prosper. 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. 3 Board of Adjustment* b. 1 Business and Economic Development Board c. 5 Community Appearance Board d. 4 Culture and Leisure Services Board e. 2 Planning and Zoning Board* * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: In Montgomery County, Pennsylvania, I served on both the civil court arbitration board and as the treasurer of the Monroe Court Home Owners Association. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. I am both a patent attorney and environmental engineer. Asa patent attorney, I routinely assist start-ups and growing companies and understand business needs. Also, as an environmental engineer, I am experienced in addressing environmental concer 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: 0 African American Gender: 0 Male ❑ Asian American 0 Female ❑ Hispanic American 0 Other Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: /Jayne Saydah/ Date: 1/3/23 Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED By Daniel LeFever at 12:29 pm, Jan 03, 2023 Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 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 December 6, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Kim Davis Mickie Kellum (left at 8:22 p.m.) Wes Morrison Angela Raymond Don Willis (Virtual) Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Resilience Engineering Services Manager Executive Assistant to the City Manager/Office Manager Parks and Recreation/Community Affairs Director Public Works Services Director Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Lexi Miller Lisa Day Molly Thomas June Clark Scott Molyneaux COUNCIL MEMBERS OATH OF OFFICE: City Attorney Garganese administered Oaths of Office to Kim Davis and Mickie Kellum. Each made statements related to future objectives and gave thanks to the voters for their respective re -elections. Mayor and Council Members each made statements related to their objectives for the coming year serving the City. SELECTION OF A MAYOR PRO TEM: City Manager Morley explained the process. Mayor Morrison discussed desire for Mickie Kellum to continue serving as the Mayor Pro Tem. Discussion ensued, City Attorney Garganese collected ballots for one round of nominations, and Council Member Willis verbally relayed his nomination. City Attorney Garganese announced Angela Raymond received three votes (attached) to which she responded/accepted the honor. A motion was made by Council Member Davis, seconded by Council Member Raymond, to appoint Council Member Raymond as Mayor Pro Tem. The motion carried 5-0. Mayor Morrison congratulated Mayor Pro Tem Raymond. APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Mayor Morrison, seconded by Council Member Kellum, to move Item 11 up to just before the Consent Agenda. The motion carried 5-0. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 6, 2022 Minutes • Page 2 of 5 PRESENTATIONS/INTERVIEWS: Presentation in honor of Brevard County Sheriffs Office Sargeant Jason McMillin, commending him for his life-saving actions and dedication to keeping the community safe: City Manager Morley read the Agenda Summary. Mayor Morrison presented the Certificate to Sgt. McMillin, who thanked Council. Receive presentation and provide direction to City Manager regarding Waste Pro Early Renewal Option: Waste Pro Government Affairs Representative Platt Loftis and Division Manager Dean Ulrich introduced themselves, made a presentation to Council, and responded to questions regarding the Early Renewal Option. Discussion ensued and included implementation timeline based on Council approval of a contract addendum, better rate if plan is adopted early, and inquiry into a percentage and franchise fee increase. Mr. Loftis indicated the franchise fee was not discussed. Mr. Ulrich discussed franchise fee increases run with the Consumer Price Index increase. Discussion continued regarding allowing Council more time to consider the issue, and concern for residents. Council thanked Waste Pro for their presentation. Scott Holmes, resident and property owner, discussed satisfaction with Waste Pro services and concerns over roll -off dumpster rentals for residents. Discussion ensued and included desire for Council to receive additional information related to franchise fees and roll -off dumpsters, going out for bid again in two years should Council decide against the Option, other cities rates will double by 2027, and the need to make a decision by December. Council reached consensus to bring the Item back for discussion at the December 20, 2022 Regular City Council Meeting. PUBLIC PARTICIPATION: Steven Stroud, resident, discussed concerns regarding the Florida Department of Transportation State Road (SR) A1A Improvement Project, opposition to the Project median and negative impacts to drivers making left-hand turns from King Neptune Lane and other similar roadways onto SR A1A. Mayor recessed the meeting at 7:03 p.m. The meeting was reconvened at 7:17 p.m. 11. Discuss and provide direction to Florida Department of Transportation (FDOT) regarding design considerations for State Road (SR) A1A in Cape Canaveral: City Manager Morley explained the Item. FDOT District 5 Representatives introduced themselves to the Council: Roadway Design Engineer Lori B. Trebitz, In-house Consultant Engineer Anthony Miller, and Traffic Services Manager Chad Lingenfelter. Resilience Engineering Services Manager Lexi Miller discussed the Project. Discussion ensued and included feedback from the public comparing the Conceptual Roadway Options, Alternatives 1 and 2, desire for low-cost, low -maintenance landscaping with native plants, desire to obtain the 35mph speed limit, making a decision for the overall best interest of the City, difficulties regarding access to signalized SR A1A intersections for Long Point Road, King Neptune Lane, Evelyn Court and Columbia Road, and the need to specify the goals discussed in an amended resolution. Arlyn DeBlauw, resident, property owner and City representative on the Space Coast Transportation Organization's Citizens Advisory Committee, discussed concerns over electric bikes and support for Alternative 2. Discussion ensued regarding making a motion to bring a new resolution to a subsequent City Council Meeting, amending the most recent SR A1A Resolution to include the following changes: revisions to the December 2022 roll -plot conceptual design to provide access to SR A1A intersections for Long Point Road, King Neptune Lane, Evelyn Court and Columbia Road; traffic signal and visual/audio crosswalks at Columbia Drive; striped delineation between bike/pedway; and creative low-cost, low - maintenance attractive, native landscaping. City Manager Morley discussed possible access via International Drive. Council reached consensus on Alternative 2. A motion was made by Mayor City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 6, 2022 Minutes • Page 3 of 5 Pro Tem Raymond, seconded by Council Member Davis, to accept Alternative 2. The motion carried 5-0. City Council and City Manager Morley thanked the FDOT Representatives. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to create a resolution amending the most recent SR A1A Resolution to keep 35mph, add accommodating Cape Gardens and Long Point Road, request a signal at Columbia, add striped delineation between bike and pedway, and add creative, low-cost, low - maintenance, native landscaping. The motion carried 5-0. CONSENT AGENDA: Mayor Morrison removed Item 2. 1. Approve the Minutes of the City Council October 18, 2022 Regular, November 1, 2022 Regular and November 8, 2022 Emergency Meetings. 2. Resolution No. 2022-30; adopting a Fee Schedule for the Nancy Hanson Recreation Complex (NHRC); providing for the repeal of prior inconsistent resolutions, severability and an effective date. 3. Approve the proposed 2023 City Council Regular and Budget Meeting Schedule. 4. Approve Purchase and Installation of Municipal Complex Lightning Protection System Upgrade by EMP Solutions, Inc. of Fishers, IN in the amount of $29,300. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to approve the Consent Agenda Items 1, 3 and 4. The motion carried 5-0. #2. Discussion ensued regarding a desire to postpone the Item, the importance of the Culture and Leisure Services Board's work on the issue, similar and previous situations in which Council did not take Advisory Board recommendations, how City Advisory Boards are composed of volunteers dedicated to service, the Board's 3-2 vote being Mayor Morrison's reason for not supporting the Resolution, potential impact of delaying the Item, the rates for the Nancy Hanson Recreation Complex not being part of the Community Center, reasons for the Board's 3-2 vote, the City's inability to rely on the honor system for residency status and timed use, arguments on the courts, and some non-residents thinking they can pay the resident rate, a desire to watch the recording of the meeting to understand more about the 3-2 vote, whether or not Council will now question every 3-2 vote situation, how this is one of the reasons City Council Meetings are too long, the desire to accept the Resolution as written, wishes to table the item, and the need to move forward with the Item. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to approve of Resolution No. 2022-30 as written. The motion carried 3-2, with Mayor Morrison and Council Member Kellum voting against. PUBLIC HEARING: 5. Ordinance No. 20-2022; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2021, and ending September 30, 2022; providing for an effective date, second reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no discussion, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 20-2022, at second reading. The motion carried 5-0. ITEMS FOR ACTION: 6. Appoint a Voting Delegate/Director and Alternate to the Space Coast League of Cities: Council Member Davis suggested Mayor Pro Tem Raymond continue serving as the City's Voting City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 6, 2022 Minutes • Page 4 of 5 Delegate/Director and indicated desire to be the Alternate. Council Member Kellum discussed agreement and support for Mayor Pro Tem Raymond to continue serving as Delegate/Director and Council Member Davis as the Alternate. Mayor Pro Tem Raymond discussed the need to fill a position on the League's Advocacy Committee. A motion was made by Council Member Davis, seconded by Council Member Willis, to appoint Mayor Pro Tem Raymond as the Voting Delegate/Director and Council Member Davis as the Alternate. The motion carried 5-0. Mayor Pro Tem Raymond thanked the Council. 7. Appoint a Council Member as the 2023 Voting Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition: Council Member Davis recommended Council Member Willis continue serving as the City's Voting Delegate on the Board. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to appoint Council Member Willis as the 2023 Voting Delegate. Council Member Willis stated it would be an honor to continue serving for the City. The motion carried 5-0. 8. Reappoint Resilience Engineering Services Manager Alexis Miller as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and City resident Arlyn DeBlauw as the North Beaches Coalition Delegate on the SCTPO Citizens' Advisory Committee: City Manager Morley explained both Ms. Miller and Mr. DeBlauw are willing to continue serving the Committees. Mayor recessed the meeting at 8:22 p.m. The meeting was reconvened at 8:31 p.m. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to reappoint Alexis Miller as the City's Representative on the SCTPO Technical Advisory Committee and Arlyn DeBlauw as the North Beaches Coalition Delegate on the SCTPO Citizens' Advisory Committee. The motion carried 4-0, with Council Member Kellum absent. 9. Consider the Proposal from Kimley-Horn and Associates, Inc. (KH) in the amount of $15,000 for the completion of an engineering parking analysis, and authorize the City Manager to execute same: City Manager Morley explained the Item. Discussion ensued and included support for a Study ensuring considerations for neighborhood bars, opposition to removing all parking restriction within the City, concern over fairness to what other businesses already had to do to remain compliant with the City Code, concern over costs of doing a study every time Council needs to makes a decision, and support for current parking regulations. Planning and Zoning Board Chair Lamar Russell discussed the history of parking laws in the City, work the Planning and Zoning Board did to help amend the City Code related to bars after NASA's Apollo Program ended, and how the use of professional consulting engineers will allow the Board to make better recommendations to Council. Discussion continued regarding the kind of parameters the City is asking for in the Study related to high density parking, how there has never been enough parking in the City, Kimley Horn and Associates, Inc. is included as one of the City's Continuing Consultants, reducing the cost estimate by specifically limiting the scope to bars and restaurants, parking at and adjacent to establishments located near the Circle K on SR A1A, and studying other municipalities for comparison. Kimley Horn Vice President Kelley Klepper referenced an updated version of the Proposal, not distributed to Council, showing fees should have come down from the $15,000 based on the limited scope. Discussion continued regarding postponing the Item, the use of consultants versus Council relying on Board action alone, and the experience of professional consultants keep Council better informed. City Manager Morley explained how the Fire Departments' role is related to occupancy and not driven City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 6, 2022 Minutes • Page 5 of 5 by business parking spaces. Council reached consensus to postpone the Item until the next City Council Meeting in December. 10. Award Bid for construction of Structural Buildings at the Water Reclamation Facility to C&D Construction, Inc. of Cocoa, Florida in the amount of $1,443,700 and authorize City Manager to execute Construction Agreement for same: City Manager Morley explained the Item. Capital Projects Director Ratliff confirmed that this is the last of the projects funded by the City's SRF loan. The Center Street Stormwater Pond Project was originally included in the SRF loan package but was removed due to the City planning a different funding route. Discussion ensued and included how much money the Structural Buildings Project would save due to the protection of equipment at the WRF. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to award the Bid. The motion carried 4-0, with Council Member Kellum absent. REPORTS: Mayor Morrison encouraged participation in the City Christmas Giving Tree Program at City Hall. Mayor Pro Tem Raymond discussed attendance at the Transportation and Intergovernmental Affairs Policy Meeting for the Florida League of Cities, and completion of the Florida League of Cities' Certificate Program for which she will receive a Level Three Gold Certificate of Excellence to be awarded to her at the FLC Annual Conference in August 2023. City Manager Morley discussed Coffee with the City Manager scheduled for Friday, December 9, 2022 at Manatee Sanctuary Park, 10:00 a.m. ADJOURNMENT: The Meeting was adjourned at 9:30 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk City Council Regular Meeting Minutes - December 6, 2022 - Attachment COUNCIL MEMBER KIM DAVIS Vote once for Mayo.r__P_ro=Tem nomination ❑Kim Davis DMickie Kellum Angela Raymond ❑Don Willis COUNCIL MEMBER MICKIE KELLUM Vote once foreMayor--Pro Temr nomination ❑Kim Davis EMickie Kellum ,Angela Raymond • Don Willis MAYOR WES MORRISON Vote once for iMayor Pr_o=Td i nomination ❑Kim Davis Mickie Kellum •Angela Raymond ■ Don Willis COUNCIL MEMBER ANGELA RAYMOND Vote once for LMaYorPro ZemVnomination ❑Kim Davis DMickie Kellum ,Angela Raymond ■ Don Willis COUNCIL MEMBERcD_ON-WJJL-LIS Vote once forblayor-Projen3 nomination ■ Kim Davis ■ Mickie Kellum •Angela Raymond / ®Don Willis DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday December 20, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Mayor Pro Tem Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Mayor Pro Tem 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 Resilience Engineering Services Manager Executive Assistant to the City Manager/Office Manager Parks, Recreation & Community Affairs Director Public Works Services Director Senior Planner Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Lexi Miller Lisa Day Molly Thomas June Clark Kyle Harris Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. The motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation of Institute for Elected Municipal Officials (IEMO) II Certificate of Completion to Council Member Don Willis: City Manager Morley read the Florida League of Cities University letter aloud while Mayor Morrison presented the Certificate to Council Member Willis. Council Member Willis thanked the City and expressed hope for all elected officials to avail themselves of education. PUBLIC PARTICIPATION: John Benton discussed a request for a code reduction hearing. CONSENT AGENDA: Council Member Kellum removed Item 1. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 20, 2022 Minutes • Page 2 of 6 1. Resolution No. 2022-28; supplementing the City Council Rules of Procedure to provide methods to assist the City Council with conducting shorter and more efficient/effective meetings; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 2. Approve proposal for construction of sidewalks and driveway aprons in the amount of $95,293 with Garcia Civil Contractors. A motion was made by Council Member Kellum, seconded by Council Member Willis, to approve the Consent Agenda Item 2. The motion carried 5-0. #1. Discussion ensued regarding desire for Council to be more open-minded to conducting special meetings, concern over Council Members making up their minds after meeting with the City Manager prior to Council Meetings, concerns regarding Agenda items over a certain dollar threshold on the Consent Agenda, and suggestion to include a legal review section on Agenda summaries for certain items. City Attorney Garganese discussed how the inclusion of the additional methods discussed may result in longer meetings, the guidelines for how meetings are called is in the City Code and better suited to stay there. City Manager Morley discussed the format used to create Agenda Items can always be changed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Kellum, to approve Resolution No. 2022-28. The motion carried 5-0. ITEMS FOR ACTION: 3. Review, revise as needed, and move to adopt the updated Community Vision Statement: City Manager Morley explained the Item, noting Council may either adopt the updated Statement or modify and approve it. Discussion ensued and included replacement of the word "sustainable" with "resilience", adopting the Statement now would result in updating the content in all of the areas where it is currently printed and visible, and postponing the Item for further Council review. City Manager Morley suggested discussing the Statement in Council one-on-one meetings. Parks, Recreation & Community Affairs Director Thomas discussed examples of utilizing the Community Vision Statement in everything from day-to-day communications to pitching programs for the department, the Statement is connected to the City Budget, functions as a way to explain City -specific information to outside stakeholders, used in promotion and becomes part of the City Brand. Discussion continued regarding pros and cons of certain terms and phrases including "bikeable, walkable" versus "multi -modal", "small-town feel", the desire to make the Statement sound more "neighborly", and how the purpose of the Statement is futuristic in nature. Council reached consensus to bring the Draft Community Vision Statement back with revisions at a future meeting. 4. Approve proposal from Odyssey Manufacturing Company in the amount of $100,430 to replace the Public Works Services Facility Dechlorination System with a Sodium Bisulfite System: City Manager Morley explained the Item. Public Works Director Clark confirmed it takes the same amount of Staff for system operation. Discussion ensued regarding this Item being an example that could have been placed under Consent Agenda in reference to previous discussion regarding Item 1. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Willis, to approve the proposal as written. The motion carried 5-0. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 20, 2022 Minutes • Page 3 of 6 5. Accept the Presidential Streets Master Plan and authorize Staff to obtain a proposal for a Phase II Study for one-way, street -specific recommendations: City Manager Morley explained the Item. Community and Economic Development Deputy Director Eichholz discussed the purpose and challenges of the proposed long-range Plan to enhance the overall sustainability and resilience of the City's infrastructure. Senior Planner Kyle Harris introduced himself, acknowledged the foundation of the proposed Plan created by former Senior Planner Defoe-Surprenant, and further discussed the intention of the proposed multi -generational Plan which will extend into the middle of the century. Kimley-Horn Vice -President Kelley Klepper and Senior Planner Colleen McGue presented the Plan to Council. Council thanked the Kimley-Horn Team and Staff. Discussion ensued and included the importance of the Plan, aligning with the Community Vision, working toward green infrastructure and low -impact development, support for and how Council agreed to go forward with the Plan at the March 2022 Strategic Planning Retreat, results of the Survey and community outreach meetings, attendees at outreach meetings expressed preference for a one-way street design versus more mixed results from the Survey, and concerns of residents regarding first responders on one-way streets. Deputy Director Eichholz discussed how considering a Phase II Study for one-way streets could be a powerful tool, and displays that the City is performing its due diligence in terms of stormwater mitigation and reducing flooding. City Manager Morley discussed how the action recommended to Council is an acknowledgement with no costs at this point. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to accept the Presidential Streets Master Plan and authorize Staff to obtain a proposal for a Phase II Study for one-way, street -specific recommendations. The motion carried 5-0. Mayor recessed the meeting at 7:34 p.m. The meeting was reconvened at 7:46 p.m. 6. Consider Proposal from Kimley-Horn and Associates, Inc. in the amount of $10,000 for the completion of an engineering parking analysis for bars and restaurants, and authorize the City Manager to execute same: City Manager Morley explained the Item. Peg Schaller, resident and business owner, discussed other cities lifting parking restrictions nationwide, suggested the City need not spend money for an analysis, and cautioned against the idea of shared parking with an adjacent business due to safety concerns. Discussion ensued and included the impact of large parking spaces in regard to tax revenues, support for holding off on a parking study, the need for sufficient parking, the Planning and Zoning Board and Staff could provide similar levels of analysis without the consultant, the need to respect recommendations from advisory boards, alternatives such as parking garages and small parking lots, and support for the parking analysis. Kimley-Horn Vice -President Kelley Klepper discussed the long-standing relationship between Kimley-Horn and the City and suggested a compromise to Council by providing City Staff with impartial, third -party peer -reviewed research and data gathered from similar, beach -side municipalities such as the Cities of Venice and Sebastian, and to help facilitate/work with the City on its own parking analysis. City Manager Morley stated the Code Enforcement Stay on parking restrictions would continue as the City completes that analysis. Discussion ensued and included analyzing zoning and classifications related to neighborhoods versus areas along Al A, differences between businesses and other drinking establishments, parking issues along North Atlantic Avenue, and competition between businesses. City Manager Morley discussed the idea of purchasing properties adjacent to Ellie Mae's Tiki Bar Restaurant that could be CRA funded and include public safety improvements to alleviate parking problems and suggested Staff could research and report back to Council about those opportunities and findings. Discussion continued regarding Council options should the efforts of Staff and the Planning and Zoning Board end up being unsuccessful, desire to study and discuss purchasing procedures of public City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 20, 2022 Minutes • Page 4 of 6 properties in January with the Council and City Attorney before pursuing the opportunities for the sake of transparency and accountability. Council reached consensus to take no action on the Agenda Item, to accept Kimley-Horn's offer to share informal peer -reviewed research data and provide assistance to the City in order for Staff and the Planning and Zoning Board to come up with a regulatory change to address parking regulations in the City, and to wait for Council direction in January for pursuing public properties adjacent to Ellie Mae's. Online attendee David Ziemlak, Fillmore Avenue, discussed support for removing parking minimums, and concerns over public parking. 7. Consideration of a Development Order related to a Lot Split Application submitted by Mike DiChristopher (Applicant) for the division of vacant land located at the eastern terminus of E. Central Boulevard at Ridgewood Avenue (Tax Parcels #24-37-14-51-9-21.01 and 24-37- 14-51-9-21.02) into two (2) lots of record for development purposes: City Attorney Garganese explained the Item and provided instruction to proceed. Community and Economic Development Department (CED) Director Dickey discussed the status of the Lot Split Application since the last City Council Meeting of October 18, 2022, the Applicants' submittal of a supplemental lot split application which was withdrawn during the Planning and Zoning Board Meeting of December 7, 2022, after which Staff continued analysis with the result and finding located in the draft Development Order requested by Council and prepared by the City Attorney. CED Director Dickey discussed Staff's opinion for denial of the Lot Split Application. City Attorney Garganese stated Council was provided with an advance copy of the draft Development Order. Michael Allen, Allen Engineering Inc., was sworn in by the City Attorney, confirmed he reviewed and agrees with the Order, and stated the Lot Split is not consistent with City Code and therefore should be developed as a single lot. Applicants' Attorney Kim Rezanka representing Mr. and Mrs. DiChristopher requested the City Council reject the draft Order and approve a variance, submitted/distributed a Packet into the record, discussed City Code Chapter 98-4 — Variance and how the DiChristophers meet those requirements, therefore suggesting a way to rectify the issues. Attorney Rezanka indicated that to deny the request would be unreasonable, unfair and would result in de -valuing the property. City Attorney Garganese described the seventeen -page, document submitted into the record by Attorney Rezanka on behalf of Michael A. DiChristopher. Patrick Campbell, 307 Surf Drive, discussed history related to the Item, the City Code and expressed support for denying the Lot Split Application. City Attorney Garganese advised Council regarding the history of the property related to actions taken by the previous owner, the City Council in 1962 and 1984, City Code Chapter 98 Subdivisions which regulates the division of land locally, how Mr. DiChristopher is requesting that Lot 21 be divided in a manner consistent with the two tax parcel identification numbers, and advised how the Code's Lot Split criteria are applicable to determine whether or not the remainder of Mr. DiChristopher's Lot 21 should be divided into two developable lots. City Attorney Garganese further explained the draft Development Order recognizes the western 25 feet of the subject property is still owned by Mr. Pindziak, and the draft Order recognizes the remainder of Lot 21 for development purposes is consistent with the R1 Zoning District if the Council were to deny this Application. Mr. Allen explained his reversal of opinion to agree with denial of the Application for Lot Spit. Mayor recessed the meeting at 9:16 p.m. The meeting was reconvened at 9:20 p.m. Discussion ensued and included use of the Lot Split Application as the appropriate method to divide the remainder of the property into a developable lot representing the two tax parcels. City Attorney Garganese discussed the Applicant Counsel's alternative of a variance not being at issue, explained setback requirements that apply to the Lot and not the tax parcel, and the need to City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 20, 2022 Minutes • Page 5 of 6 review whether building over parcel lines would require a Unity of Title or not. Discussion continued regarding the purpose and function of the Development Order. Mr. DiChristopher discussed his original intent to apply for a permit to build a home on each of the parcels, meeting with Staff regarding his options, choosing the Lot Split Application as being the easiest route, and the reason for withdrawing the Supplemental Lot Split Application from the Planning and Zoning Board Meeting. A motion was made by Council Member Kellum, seconded by Council Member Willis, to extend the meeting to 10:30 p.m. Council Member Willis proposed delaying Agenda Items 8 and 10 until the next Council Meeting. The motion carried 5-0. A motion was made by Council Member Willis, seconded by Council Member Kellum, to postpone Discussion Items 8 and 10 to the next City Council Meeting. Parks, Recreation & Community Affairs Director Thomas confirmed postponing Item 10 would not delay any project plan. The motion carried 5-0. Discussion ensued regarding the importance of following City law and making the property compliant with the City Code. City Attorney Garganese produced and discussed a proposed Resolution No. 2022-32 which contains the Development Order denying the Lot Split Application, advised Council how to make a motion, read the title of Resolution into the record, explained the purpose of using the Resolution as the legal document to adopt the Development Order, and confirmed no changes were made. A motion was made by Council Member Kellum, seconded by Council Member Davis, to adopt Resolution No. 2022-32. Discussion ensued regarding the purpose of the Resolution in relation to the Development Order. City Manager Morley called point of order related to the time. Mayor Pro Tem Raymond stated call the question. A motion was made by Council Member Willis, seconded by Council Member Davis, to extend the meeting by ten minutes to 10:40 p.m. The motion carried 5- 0. Discussion ensued regarding the purpose of the Resolution in relation to the Development Order. Council Member Davis stated call the question. A motion was made by Council Member Davis to call the question, seconded by Mayor Pro Tem Raymond, to call the question. City Attorney Garganese explained the rules of procedure regarding the two motions on the floor. The motion carried 4-1, with Mayor Morrison voting against. City Attorney Garganese advised Council that the main motion is to approve Resolution No. 2022-32, incorporating the proposed Development Order, and a roll -call vote is required under the City Council Rules of Procedure. The main motion carried 4-1, with Mayor Morrison voting against. Discussion ensued regarding the need to inform the property owners of the remaining lots. City Manager Morley confirmed facilitation of the request. ITEMS FOR DISCUSSION: 8. Discuss the dangers of electric bikes on City sidewalks. (Submitted by Mayor Pro Tem Raymond): Item postponed by Council to the January 17, 2023 City Council Regular Meeting. 9. Discuss Waste Pro Early Renewal Option and provide direction to City Manager: City Manager Morley explained the Item. Waste Pro Government Affairs Representative Platt Loftis and Division Manager Dean Ulrich addressed Council with responses to information as requested by the City Council during the December 6, 2022 Regular City Council Meeting regarding information on how other municipal franchise fees are calculated and the impact to the City's rates if it were to remove the Construction and Demolition Debris Dumpster Exclusion. Mr. Loftis discussed the ten percent franchise fees of competitive contractors that provide solid waste services to four municipalities south of State Road A1A, and the City of Cocoa being one exception paying a flat -rate, one-time fee of $2,500. Mr. Ulrich explained the City of Cape Canaveral's franchise fee grows with the Consumer Price Index each year and discussed other Waste Pro client municipalities franchise fees, including the Town of Palm Shores at fifteen City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 20, 2022 Minutes • Page 6 of 6 percent, Melbourne Village ten percent, Town of Melbourne Beach fifteen percent, City of Malabar five percent, and the Town of Grant-Valkaria does not have a franchise fee, and how the numbers fluctuate monthly. Mr. Ulrich discussed the roll -off dumpster exclusion is estimated at an additional dollar per home and another dollar per container yard for commercial businesses, the previous shortage of containers, and Waste Pro shipped in additional containers of various sizes to meet the needs of Brevard County. Council thanked Mr. Loftis and Mr. Ulrich. Discussion ensued and included tasking Staff and the City Attorney to work with Waste Pro to create an extending document for agreement to the proposed terms for Council in January. City Attorney Garganese discussed the City Charter requirement for a new City ordinance for Franchise Fee Renewal. A motion was made by Council Member Willis, seconded by Council Member Davis, to move forward with the contract with Waste Pro, creating an ordinance to renew. The motion carried 5-0. 10. Discuss the removal of the playground feature from Veterans Memorial Park redevelopment plans and re -appropriate the feature for consideration as part of the Civic Hub project. (Submitted by Council Member Kellum): Item postponed by Council to the January 17, 2023 City Council Regular Meeting. ADJOURNMENT: The Meeting was adjourned at 10:44 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 17, 2023 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Endorse the Adopt -A -Rain Barrel Program. Department: Community and Economic Development — Resilience Division Summary: The proposed "Adopt -A -Rain Barrel" program is a voluntary program provided by the City of Cape Canaveral to provide interested residents and property owners with the opportunity to "adopt" 55-gallon rain barrels at no -cost in order to lower municipal water consumption and decrease stormwater runoff into local waterways. Participating "adopters" must complete an application in order to be eligible to receive a rain barrel. Staff will host twice -yearly workshops for residents to learn about the program and the benefits of rain barrels. Rain barrels are simple, cost effective ways to capture roof runoff and repurpose stormwater for uses like irrigating raised flower beds, vegetable gardens and potted plants, washing cars, filling a birdbath, and other small non -potable uses. One of the greatest benefits of installing a rain barrel is reduced municipal water usage, which equates to dollars saved. According to the EPA, a rain barrel system can save the average homeowner 1,300 gallons of water during peak summer months. Staff created this program to raise awareness and improve community access to the benefits of rain barrels, including environmental protection, utility usage reduction, and cost savings. Each quarter, the City will purchase up to ten 55-gallon rain barrels from a local provider to distribute to eligible Adopt -A -Rain Barrel applicants. The program was designed to exist in parallel with the City of Cocoa Rain Barrel Rebate Program, to ensure both programs could operate independently. Eligible residents will have the ability to both "adopt" a rain barrel from Cape Canaveral and apply for a $50 rebate through Cocoa Water Utility. The City Attorney has reviewed and approved the program liability and waiver documents. Staff has prepared this item for community awareness as the City prepares to launch the Adopt -A - Rain Barrel program early in Calendar Year 2023. The City will promote the Adopt -A -Rain Barrel program via its various social media channels through semi -regular posting (i.e. Facebook, Instagram, Nextdoor, etc.), on the City's Cape Canaveral 2063 Program webpage, within the Weekly Update, a Canaveral Explorer magazine article, and with a news alert on the City website's homepage. One page infographics will also be made to promote the Adopt -A -Rain Barrel program that can be posted on information boards at various City facilities and handed out at events such as Friday Fest. Submitting Department Director: David Dickey Attachments: 1) Adopt -A -Rain Barrel Program Information + Guidelines 2) Adopt -A -Rain Barrel Program Webpage + Application Financial Impact: Up to $1,000 per year for purchase of rain barrels funded by the Stormwater Fund. Staff time to provide program management and Staff time to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo City of Cape Canaveral City Council Meeting • January 17, 2023 Agenda Item # 2 Page 2 of 2 The City Manager recommends the City Council take the following action: Endorse the Adopt -a -Rain Barrel program. Approved by City Manager: Todd Morley CITY OF Attachment 1 P.O. Box 326 • 100 Polk Avenue • Cape Canaveral, FL 32920-0326 (321) 868-1220 www.cityofcapecanaveral.org CITY OF CAPE CANAVERAL Adopt -A -Rain Barrel Program Information + Guidelines City of Cape Canaveral Community and Economic Development Department: Resilience Division Overview The City of Cape Canaveral (City) Adopt -A -Rain Barrel Program provides interested residents with the opportunity to "adopt" rain barrels. This is a voluntary and no -cost program for residents and business owners of Cape Canaveral to use rain barrels on their property to lower municipal water consumption as well as capture and reuse stormwater runoff. The Cape Canaveral Adopt -A -Rain Barrel Program runs in conjunction with the City of Cocoa Rain Barrel Rebate Program. As such, participants who wish to receive a rain barrel from the City of Cape Canaveral AND receive a rebate from the City of Cocoa must follow the guidelines in both programs. These guidelines ensure and maintain resident safety, City Code, State compliance, and local environmental wellbeing. Additional information presented in this guide comes from the United States Environmental Protection Agency (EPA), The National Service Center for Environmental Publications (NSCEP), The Conservation Foundation, and The World Wildlife Foundation. Questions about the City of Cape Canaveral Adopt - A -Rain Barrel Program can be directed to the City's Resilience Division Email resiliencedivision@cityofcapecanaveral.org. Phone (321) 868-1220, ext. 219 Figure 1. Painted rain barrels. 1 Contents Overview 1 Program Outline 3 Eligibility Requirements 5 City of Cocoa Rain Barrel Rebate Program 6 Rebate Eligibility Requirements 6 What are Rain Barrels? 7 How do Rain Barrels Help? 8 Installing Your Rain Barrel 9 Using and Maintaining Your Rain Barrel 11 2 Program Outline • Each quarter, the City will purchase up to ten 55-gallon rain barrels from a local provider to distribute to eligible Adopt -A -Rain Barrel applicants. • The City will maintain an online application page for rain barrels on a first -come, first -serve basis, shared on all official City mediums. The application includes a usage and maintenance agreement with electronic signature to submit the form. • After 10 applications, the portal will close until the next quarter. A Staff member will reach out to program participants within five business days to approve an application and coordinate a time for rain barrel pickup at the City's Water Reclamation Facility at 601 Thurm Boulevard. • Only City of Cape Canaveral residents, property owners, and/or renters are eligible for program participation. Proof of residence will be required via the application (preferred) or upon pickup of each rain barrel. o Renters need written permission from the rental property owner to install and operate a rain barrel (via email or mailed letter, sent to City Staff or included in the application). o Condominium and apartment residents need written permission by a condominium association board or president, or by renter organization (via email or mailed letter, sent to City Staff or included in the application). • A property or participant may only receive one rain barrel per year and a maximum of two barrels during the lifetime of the program. • Cape Canaveral Adopt -A -Rain Barrel participants who wish to take advantage of the City of Cocoa Rain Barrel Rebate Program must receive their rain barrel and approval from the City of Cape Canaveral Staff PRIOR to applying for the Cocoa rebate. 3 o City of Cape Canaveral Staff will share with the Cocoa Conservation Office which Cape Canaveral residents have adopted rain barrels, as Cocoa's program requires receipts for proof of purchase. • City Staff will host bi-annual (twice -yearly) workshops highlighting residential - based best stormwater management practices, green infrastructure, and rain barrel design. Times, dates, and locations for these events will be shared on the City's website, the Weekly Update, and its official social media channels. Storm water Runoff • • • • Let's see how much water could be collected during a typical storm from a Philadelphia row home: Row home roof is approx. 8OO sq. feet = 225 gallons stored or 3.5 rain barrels. Although one rain barrel is not going to capture all the water collected from your rooftop every time it rains, every gallon stored helps. If every house installed a rain barrel, imagine how much water we could save. Figure 2. Rain barrel diagram from the Philadelphia Water Department. 4 Eligibility Requirements The eligibility requirements for the City's Adopt -A -Rain Barrel Program are as follows: 1. Applicant must fill out form on the Adopt -A -Rain Barrel Program Page in completion, including the installation and maintenance agreement and hold - harmless agreement. 2. Applicant must be 18 years of age or older. 3. Applicant must reside or own property within Cape Canaveral City limits and be able to show proof of residence/ownership. Applicants can include written permission and proof of residence in their application or provide it after the fact. a. Renters need written permission from rental property owner to receive a rain barrel. b. Condominium and apartment owners need written permission by a condominium association board or president. Addressed to: Attn: Adopt -A -Rain Barrel 100 Polk Ave Cape Canaveral, FL 32920 Emailed to: resiliencedivision@cityofcapecanaveral.org Subject Line: Adopt -A -Rain Barrel + Street Address 4. Applicant must be able to meet City Staff at the pickup location and have a way to transport the rain barrel. 5. Applicant must be able to properly install the provided rain barrel on their property and not within the City's Right -of -Way (ROW). 6. Applicant must be in good standing in regards to City ordinances prior to applying. 7. Applicant must agree to a brief inspection by City Staff to ensure proper installation up to 30 days after receiving their barrel. 5 City of Cocoa Rain Barrel Rebate Program Cape Canaveral residents who "adopt" a rain barrel from the City may be eligible for the City of Cocoa Rain Barrel Rebate program. Review the eligibility requirements from the City of Cocoa's Rain Barrel Rebate program page below to see if you qualify.* *Please note: it is each individual's responsibility to apply for the City of Cocoa Rain Barrel Rebate. Rebate Eligibility Requirements COCOA FLORIDA 1. Rebates are available on a first -come, first -served basis and are given as a credit on your water bill. The Rain Barrel Rebate Program runs each fiscal year from October 7 through September 29 or until funds are depleted. You must purchase the rain barrel after October 1 and during the same fiscal year that the rebate is available. All paperwork must be submitted prior to the close of the program. 2. Applicant must have a water account in his/her name and must be a Cocoa Utilities Department customer. 3. The rain barrel must be installed at the property that receives a water bill from Cocoa Utilities Dept. 4. A maximum of two rebates per address is allowed during the lifetime of the program. A $50.00 credit will be applied to the water account for each rain barrel installed for a maximum of two. 5. You must provide receipts and UPC bar codes for all items 6. It is the customer's responsibility to ensure proper installation. Cocoa does not recommend any brand or manufacture of rain barrel. 7. Upon inspection, and receipt and review of the completed rebate form, original receipt and UPC bar code for each rebate, if approved, a credit will be applied to the water account that is on the application. Applications will not be processed if they are incomplete or inspections are not completed. 8. Customers are responsible for calling and setting up an appointment so that the rain barrel can be inspected by the Water Conservation Officer, Monday - Friday, 10:00 am — 4:00 pm. 6 What are Rain Barrels? A rain barrel is any vessel meant to collect and store rainwater for later use, including a bucket or a tub. This diverts water away from hard surfaces that lead to municipal stormwater pipes, and reduces the demand on local aquifers and water systems like lakes and rivers. Water harvested in barrels is best used for watering raised garden beds, vegetables, and potted plants, car -washing, foot -rinsing, and other non -broad application irrigation. A rain barrel usually consists of four main components: a downspout, a barrel, an overflow "valve", and a spigot. Runoff from a roof enters a downspout, typically connected to a building's gutter system. The downspout collects water into a barrel, which can hold many gallons of water depending on its size. Barrels typically have an overflow "valve", usually a hole, pipe, or opening a few inches below the top of the barrel. The valve is in place to allow an over -filled barrel to release excess water away from your property. Finally, a spigot is installed close to the bottom of the barrel to access the stored water. Using gravity to help the water flow, it is easily accessible to fill water cans, or to connect to a hose. Downspout Overflow Valve (Pipe) Figure 3. Rain barrels with labeled components. Barrel(s) Spigot 7 How do Rain Barrels Help? One of the biggest benefits of installing a rain barrel is reduced municipal water usage, which equates to dollars saved. According to the EPA, a rain barrel system can save the average homeowner 1,300 gallons of water during peak summer months. Collecting stormwater runoff from building rooves also reduces runoff entering the local stormwater system, which can become inundated and/or flood in heavy rain events. Rain barrels can reduce environmental damages, especially to bodies of water. During a rain event, once the ground becomes saturated, any excess water flows as runoff over hard surfaces towards storm drains and water bodies, picking up pollutants and excess nutrients along the way. Rain barrels capture a portion of roof runoff before it reaches the saturated ground, hard surface, or nearby storm drains, ultimately protecting water bodies like the Indian River Lagoon. If unused, the water inside a rain barrel can be let out slowly on a dry day, allowing the unsaturated grass to filter pollutants and nutrients as it percolates. Figure 4. Example of a toxic algae bloom in the Indian River Lagoon. 8 Installing Your Rain Barrel Although rain barrels can come in different size and shapes, the basic steps for installation are as follows (graphic on next page): 1. Ensure that the rain barrel has an overflow valve (or something equivalent) near the top of the barrel and a spigot hole close to the bottom. Most store-bought barrels have these pre -drilled. At-home projects can easily install holes with a power drill and proper -sized bit. 2. Level the area you would like to install or place the rain barrel. The rain barrel should sit directly in front of the house's downspout from any gutters. 3. Place bricks or cinder blocks at the base of the downspout to elevate the surface, and set the rain barrel on top. The bricks ensure that the barrel is stable, while elevating it allows gravity to assist with water pressure. 4. Mark on the downspout just above the top of the rain barrel and cut with a hacksaw. Save the detached downspout piece to reconnect in winter months with low precipitation or for future runoff projects. * 5. Attach an elbow or flexible extension to the new end of the downspout to direct water from your gutter into the barrel. * 6. Attach a standard hose or pipe to the overflow valve and direct it away from the foundation of your house. Attach a spigot to the bottom hole. You can either leave the spigot to fill watering cans, or attach a soaker hose for irrigation. 7. Cover any opening with screen or netting to keep things like debris and bugs out of your barrel. * Individuals who do not have gutters on their building can install a rain barrel following steps 1-3 and steps 6-7. Locate your rain barrel under a roof, awning, or other surface that experiences a lot of runoff, and open the entire top of the barrel. Store-bought barrels may have a removable lid; at-home projects can saw the top off and replace with netting to keep debris and bugs out. 9 HowTo Install Your Rain Barrel Existing gutter and downspout. Find or make a level area beneath the downspout 3. Cut the downspout with a hacksaw where you marked it. Save the piece you cut for reattachment in the winter. 1 1. Place bricks at base of downspout to elevate the barrel. 2.Place the barrel on the bricks next to the downspout to measure and mark on the downspout where you need to cut. Elevating the barrel helps stabilize the barrel and assists with water pressure. 4. Attach a flexible elbow to the end of the spout to direct water into the barrel. 5. Attach a standard hose to the overflow valve to direct water to another barrel or your existing detention area once barrel is full. Attach a soaker hose to spigot or leave for watering cans. What You'll Need... -Hacksaw -Flexible Elbow -Bricks or cinder blocks for the stand -Hose for overflow -Hose or bucket for spigot Parts on the Rain Barrel... Overflow Valve Screen to block mosquitoes and debris Spigot 6.In the winter, reattach downspout with flexible elbow and either turn barrel upside down or store in a shed or garage. DuPage County Stormwater Management 1/2010 Using and Maintaining Your Rain Barrel Runoff collected in rain barrels has a number of uses, such as indoor and outdoor potted plants, raised and/or vegetable gardens, car -washing, foot -rinsing, or small -application irrigation. Since the first precipitation that runs off roofs often contains high levels of pollutants and materials, it is important to follow a few tips to ensure you are using your rain barrel safely. . If irrigating a food garden, do not water directly onto the plants. Instead, direct the water towards the soil, or utilize a method such as drip irrigation. • Treat your water with a low concentration bleach solution. A 3% household bleach solution with a 5-6% chlorine content can be added at a rate of 8 drops per gallon of water. Treat your barrel no more than once per month, and wait 24 hours before utilizing the water. A typical 55-gallon barrel would need approximately one ounce (1 oz.) of bleach added on a monthly basis. This will help prevent E.coli bacteria, mosquito infestations, and algae growth. (Rutgers University FS1218) . If your rain barrel is full and needs to be emptied, open the spigot on a clear sunny day, and release the water slowly onto stable, non -eroding soil, such as a lawn. Make sure to do this before a rain event if the barrel is full, as overflow can cause erosion to nearby soil, or can leak towards the foundation of structure. . In the winter or dry season, reattach the downspout to the elbow and either store the barrel in a shed or garage, or turn it upside down. 11 Figure 5. Examples of rain barrels in various styles, sizes, and configurations. Attachment 2 Webpage Content "Adopt -A -Rain Barrel" is a no -cost and voluntary program in the City of Cape Canaveral that provides interested residents and property owners with the opportunity to "adopt" 55-gallon rain barrels in order to lower municipal water consumption and decrease stormwater runoff into local waterways. "Adopters" who wish to partake in this program must complete the following registration form in order to be eligible to receive a rain barrel. Visit the Adopt -A -Rain Barrel Information and Guidelines for more detailed information on the City's program, the benefits of a rain barrel, and how to install one. Rain barrels are a low-cost and effective way to collect and store rainwater from your roof/gutters to use for: • Watering raised bed and/or vegetable gardens • Watering indoor and potted plants • Filling your birdbath • Washing your car and outdoor furniture • General rinsing of things like furniture, beach toys, sandy feet, etc. For more information about harvesting and using runoff, visit the University of Florida's Institute for Food and Agricultural Sciences (UF/IFAS) rain barrel webpage. Program at a Glance • WHAT: A voluntary, no -additional -cost program for community members to "adopt" 55- gal rain barrels to collect stormwater runoff. • WHO: City of Cape Canaveral residents, business owners, and property owners. O Condominium owners must provide written permission from a condominium board or association president to receive a barrel. O Renters must provide written permission from the property owner and if applicable, a condominium board or association president to receive a barrel. • WHEN: First -come, first serve basis. Application opens each quarter and closes when supplies run out. • WHERE: Public Works Services at 601 Thurm Blvd. O Staff will schedule and assist with pickup. All applicants must be able to transport their barrel. Details provided after application and approval. • HOW: Review the provided materials and ensure eligibility. Fill out the online application, and a City staff member will contact you with approval and details on how to receive your barrel. • WHY: Collecting runoff in barrels on your property reduces water consumption and keeps stormwater from entering our pipes, protecting the Indian River Lagoon and saving dollars. Page 1 of 6 The City of Cocoa water customers are eligible for a rebate on their water bill if they install a rain barrel on their property. The City of Cape Canaveral receives its water services from the City of Cocoa, meaning most residents are eligible for this rebate. Cape Canaveral Adopt -A -Rain Barrel participants who wish to take advantage of the City of Cocoa Rain Barrel Rebate Program must receive their rain barrel and pass inspection from the City of Cape Canaveral PRIOR to applying for the Cocoa rebate. Rebates are not issued by the City of Cape Canaveral and are issued at the discretion of the City of Cocoa. Page 2 of 6 Application/Form Questions Ensure you review all content on this page as well as the Adopt -A -Rain Barrel Program Information and Guidelines before starting this application. Please fill out the questions below to register. A staff person will be in contact in 5-7 business days regarding your application status. Should you have any questions in the meantime, email resiliencedivision@cityofcapecanaveral.org or call Community + Economic Development at 321- 868-1220, ext. 113 or ext. 219. Thank you! 1. First and Last Name. 2. Email Address. 3. Phone Number. 4. I am over the age of 18. a. Yes 5. I am a City of Cape Canaveral resident. a. Yes, as a home or condominium owner (residential). b. Yes, as a renter or tenant (residential or commercial). c. Yes, as a property owner (commercial or otherwise non-residential). 6. Physical Address. 7. If I am a condominium owner, I will provide written permission from my condominium board or association president to receive a rain barrel. (If written permission is not provided, you will not receive a rain barrel). a. Yes, my board or association has emailed resiliencedivision@cityofcapecanaveral.org written permission on letterhead. b. Yes, I will provide written permission on letterhead from my board or association upon scheduled pickup. c. I am not a condominium owner. 8. If I am a renter or tenant, I will provide written permission from the property owner to receive a rain barrel. (If written permission is not provided, you will not receive a rain barrel). a. Yes, the property owner has emailed resiliencedivision@cityofcapecanaveral.org written permission on letterhead or with formal signature. b. Yes, I will provide written permission from the property owner on letterhead or with formal signature upon scheduled pickup. c. I am not a renter. 9. What is your intended use for your rain barrel? Check all that apply. a. Raised bed or vegetable garden watering b. Car -washing Page 3 of 6 c. Furniture rinsing d. Minor irrigation for landscaping e. Watering indoor and/or outdoor potted plants f. Other (please describe) 10. Optional: Upload a photo of the spot on your property you would like to install your rain barrel. Try to show the location in reference to the nearest structure (buildings, doors, and windows), gutters, driveway or other hard surfaces, and proximity to neighbors. You can also take a screen shot using Google Maps and mark your potential spot. 11. I understand that I am solely responsible for the maintenance and upkeep of my rain barrel after acquisition from the City. a. Yes. 12. I will not place my rain barrel in any City right-of-way (ROW). a. Yes. 13. I am interested in conversing with staff about proper installation on my property PRIOR to receiving my rain barrel. This is not a guaranteed service. City Staff can provide if/when available. (Optional) a. Yes, please contact me if available. b. No, thank you. 14. I agree to an inspection of my rain barrel installation by City Staff up to 30 days after I receive my rain barrel. a. Yes. 15. I agree to the below participation agreement at this time. a. Yes, and will sign it upon pickup of my rain barrel barring application approval. 16. Do you have any additional questions or concerns at this time? (Optional) a. Open field Page 4 of 6 Adopt -A -Rain Barrel Program Participation Agreement I, knowingly and voluntarily agree to participate in the Adopt - A -Rain Barrel Program at the City of Cape Canaveral ("Program"). I acknowledge that I have received the Adopt -A -Barrel Program Information and Guidelines provided by the City and that I agree to abide by all of the Program rules and requirements. I expressly agree that any water collected in the rain barrel, at any time, is not intended to be used as drinking water and that I further agree that the use of such water for drinking purposes by humans or animals may cause serious illness and/or death, which I am solely and fully responsible and liable. I expressly agree to assume the entire risk of accidents, illness, personal injury, property damage or death which is suffered by me or any other person as a result of collecting, storing, treating, or using the water collected in the rain barrel and participation in the Program, whether or not such injury, death or damage results from product liability or negligence or gross negligence (except intentional misconduct) on the part of the City. I understand that the City is not providing any tools and safety measures of any kind for the Program. I acknowledge and agree that I am solely responsible for the transportation, installation, use, security, water treatment, and maintenance of the Rain Barrel provided to me by the City, and that I am solely responsible for me and my invitees, guests, designee's, assign's and helper's safety including, but not limited to, when I or any of my invitees, guests, designees, assigns or helpers are participating in the Program. The City assumes no responsibility for the actions and omissions of any participant in the Program. I (individually and on the behalf of any designee, assigns, helpers and all persons or entities which may derive a claim through me), for and in consideration of the opportunity to participate in the Program, hereby enter into this Release with the City, and agree to the fullest extent permitted by law and without limitation, to indemnify and hold harmless the City, from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), which directly or indirectly arises out of, or results from, my or my invitees, guests, designee's, assigns or helper's participation in the Program. I hereby remise, release and forever discharge the City from any all claims, accidents, damages, demands, rights, actions and causes of action of any kind whatsoever, in law or in equity, resulting from my participation in the Program, which includes and extends to any and all claims I have or may have against the City with respect to the Program and the conditions, qualifications, instructions, rules or procedures thereof, and, from any other cause whatsoever relating to the Program or occurring during or after or as a result of the Program. I further agree to accept full responsibility, financial or otherwise, for any injury that I and/or my invitee, guest, designee, assignee or helper may cause either to ourselves or to any other participants due to my/our acts or omissions while participating in the Program. It is my intention hereby, fully and finally and forever, to settle and to release any and all matters, disputes and differences, known or unknown, suspected or unsuspected, that do now exist, may exist or heretofore have existed with respect to those matters described herein. I further agree that this Release is to be broadly construed, and that if any portion of same is held invalid, that the balance of the Release shall continue in full legal force and effect. It shall have no legal effect on interpretation of this Release that the City has prepared this Release. I have read, understand, and voluntarily sign this Release and further agree that no oral representations, statements or inducements apart from the contents of this Release have been made which in anyway alters, amends, or changes this Release. Florida law applies to this Release. I certify that I am eighteen Page 5 of 6 years or older. I KNOWINGLY, WILLFULLY, FULLY AND COMPLETELY ASSUME ANY AND ALL RISKS AND LIABILITY ASSOCIATED WITH MY OR MY INVITEE'S, GUEST'S, DESIGNEE'S, ASSIGNEE'S OR HELPER'S PARTICIPATION IN THE PROGRAM WHETHER OR NOT SAID RISKS ARE EXPRESSLY OR IMPLIEDLY STATED HEREIN. THE CITY OF CAPE CANAVERAL AND ITS EMPLOYEES, PROGRAM INSTRUCTORS AND AGENTS ARE NOT RESPONSIBLE FOR ANY INJURIES OR DEATH WHICH MAY OCCUR TO ME OR MY INVITEES, GUESTS, DESIGNEES OR HELPERS BEFORE, DURING, OR AFTER MY PARTICIPATION IN THE PROGRAM. I EXPRESSLY REITERATE MY AGREEMENT THAT ANY WATER COLLECTED IN THE RAIN BARREL, AT ANY TIME, IS NOT INTENDED TO BE USED AS DRINKING WATER AND THAT I FURTHER AGREE THAT THE USE OF SUCH WATER FOR DRINKING PURPOSES BY HUMANS OR ANIMALS MAY CAUSE SERIOUS ILLNESS AND/OR DEATH, WHICH I AM SOLELY AND FULLY RESPONSIBLE AND LIABLE. I have fully read and fully understand the foregoing and in consideration of being allowed to participate in the Program, I fully agree to the foregoing terms and conditions set forth herein. If the Participant is an Association, the below mentioned signatory is the of the Association, and I am authorized to and hereby execute this Agreement on behalf of the Association. Any above reference to the word "I," "Me," or "My" shall also mean the Association. Participant's Name (Please Print): If Association, Please Print Title: Participant's Signature: Date: Page 6 of 6 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 17, 2023 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Schedule a City Council Workshop Meeting on the Civic Hub Project, hosted by Kimley-Horn and Associates, Inc. for Tuesday, February 7, 2023 at 4:00 p.m. Department: Parks, Recreation and Community Affairs Summary: As part of the FY 2022-23 Budget, as approved by City Council on September 21, 2022, the Civic Hub Capital Improvement Program Detail recommends three public workshops/input sessions to identify the design elements, features and amenities that would best meet community needs for that space. The first of these will be with the City Council. This initial City Council Workshop Meeting will be high-level/big picture in nature, and will provide both Council and Kimley-Horn with a better understanding of the Project scope and the City's needs/wishes for this Project. The information exchanged at this Workshop Meeting will allow Kimley-Horn to prepare a comprehensive proposal outlining the outreach activities, desired conceptual elements and costs for the design phase of the Project. In preparation for this Workshop, Council Members are encouraged to reach out to their constituents in advance about desired amenities and features to be included in the Civic Hub Project. Submitting Department Director: Molly A. Thomas Attachment: None. Financial Impact: FY 2022-23 Budget allocation for the design and outreach associated with the Civic Hub Project is $150,000 funded by the Community Redevelopment Agency (CRA); Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Schedule a City Council Workshop Meeting on the Civic Hub Project, hosted by Kimley-Horn and Associates, Inc. for Tuesday, February 7, 2023 at 4:00 p.m. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 17, 2023 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Resolution No. 2023-01; appointing Members to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: City Clerk's Office Summary: The Business and Economic Development Board (Board) currently has six vacancies. These vacancies are all partial terms with staggered ending dates, with two ending November 1, 2023, two ending November 1, 2024, and two ending November 1, 2025. Earlier in this Meeting, seven applicants will have been given a chance to be interviewed, confirm the information in their applications and respond to any questions and/or concerns of City Council. It is now incumbent upon City Council to determine who they wish to appoint to the Board. Of those chosen for appointment to the Board, Staff is recommending term lengths be determined based upon earliest receipt of application (e.g. the earliest received applications would be appointed to the longest terms [ending November 1, 2025], and the most recently received would be appointed to the shortest terms [ending November 1, 2023]) However, Council has full authority to determine who will serve longer and shorter terms. The results will be inserted into Section 2 of Resolution No. 2023-01 (Attached). As filling these vacancies would not result in any appointee serving a full -term on the Board, all would be eligible for two additional reappointments, consistent with the limitations set forth in Section 2-171(f), City Code. Submitting Department Director: Mia Goforth Attachment: Resolution No. 2023-01 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Select six applicants' names to be inserted into Resolution No. 2023-01 and adopt said Resolution. Approved by City Manager: Todd Morley RESOLUTION NO. 2023-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING MEMBERS TO THE BUSINESS AND ECONOMIC DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-33 established a Board known as the Business and Economic Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint members to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to City Advisory Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals to the Business and Economic Development Board: and shall be appointed to serve until November 1, 2023; and and shall be appointed to serve until November 1, 2024; and and shall be appointed to serve until November 1, 2025; and Following completion of their respective terms, these appointees may be eligible for reappointment consistent with the limitations set forth in Section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. City of Cape Canaveral Resolution No. 2023-01 Page 1 of 2 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 17th day of January, 2023. 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. 2023-01 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 17, 2023 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Consider the Proposal from Kimley-Horn and Associates, Inc. (KH) in the amount of $25,000 for the completion of the Presidential Streets Phase 2 One -Way Roadway Study. Department: Community and Economic Development Summary: At the December 20, 2022, Regular City Council Meeting, Council unanimously accepted the Presidential Streets Master Plan (Plan) and authorized Staff to obtain a proposal for a Phase 2 Study for one-way, street -specific recommendations. The Plan notes the potential advantages associated with modifying certain existing two-way streets to one-way streets, particularly the improved ability of one-way streets to better capture and infiltrate stormwater runoff based on the amount of space made available for capture and treatment via concepts like permeable pavement, tree boxes, and rain gardens, thereby decreasing the likelihood of urban flooding. Staff has secured the proposal from Kimley-Horn (Attached) for completion of a One -Way Roadway Analysis (Analysis) within the Presidential Streets Study Area. Specifically, the Analysis will identify impacts of a proposed reconfiguration of traffic flow for recommended one-way streets, as well as identify potential modifications needed to turn lanes, signage, and traffic signalization. Additionally, the Analysis will include development of a methodology for determining prioritization order of one-way pairs based on traffic circulation impacts. Graphics identifying typical intersection signage modifications and potential modifications to specific turn lanes and traffic signals will be developed. Diagrams for specific locations where substantial changes in traffic circulation are recommended — such as business entrances and entrances to multifamily complexes — will also be provided to show potential impacts to traffic circulation. It is estimated that the Phase II Study will take three to four months to complete upon proposal approval. Funding for the Phase 2 Study is available in the Fiscal Year 2022-2023 Community Redevelopment Agency (CRA) budget. Note that the Phase 2 Study Area is within the boundary of the CRA and is an eligible expenditure. Submitting Department Director: David Dickey Attachment: Kimley Horn Proposal - Presidential Streets Phase II One -Way Roadway Study Financial Impact: $25,000 Presidential Streets Phase II One -Way Study conducted by Kimley-Horn funded by the CRA. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Consider the Proposal from Kimley-Horn and Associates, Inc. in the amount of $25,000 for the completion of the Presidential Streets Phase II One -Way Roadway Study, and authorize the City Manager to execute same. Approved by City Manager: Todd Morley Kimley»>Horn December 22, 2022 Mr. Todd Morley City of Cape Canaveral City Manager P.O. Box 326 Cape Canaveral, FL 32920 Re: Proposal for Professional Services for City of Cape Canaveral — Presidential Streets Phase 2 — One -Way Roadway Analysis Dear Mr. Morley: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "the Consultant") is pleased to submit this Agreement (the "Agreement") to the City of Cape Canaveral (the "Client" or the "City") for providing professional services for the City of Cape Canaveral One -Way Roadway Analysis, specifically with regards to those items identified in the following tasks. Our project understanding, scope of services, and fees are described below. Project Understanding 1. The City is requesting preliminary analysis for potential one-way traffic patterns within the Presidential Streets, generally referred to as Phase 2. 2. It is understood that recent traffic counts are available for Ridgewood Ave, North Atlantic Ave, Highway A1A, Central Ave, and several streets in the Presidential Streets; if additional traffic counts are requested by the City, they will be provided consistent with Task 3 below Specific tasks are provided below following the understood, broad -based Project Goals. Project Goals: • Build upon the Presidential Streets Master Plan, utilizing it as the basis for the existing conditions for this area of the City as it relates to the Study. • Provide limited implementation and phasing strategies for proposed policies and projects related to potential one-way traffic patterns. • Identify key strategies and recommendations including best management practices. Scope of Services Kimley-Horn will perform the following specific scope of services related to each Task. TASK 1 — ONE-WAY TRAFFIC IMPACT EVALUATION Kimley-Horn will prepare a traffic study identifying the impacts of proposed reconfiguration of traffic flow within the Presidential Streets neighborhoods. The study area is defined as the area bounded on the north by Washington Avenue, the south by Johnson Avenue, the west by North Atlantic Avenue and the east by the Atlantic Ocean — generally referred to as the Presidential Streets. Currently, all of the streets kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn City of Cape Canaveral December 22, 2022 Page 2 within the study area operate as two-way streets. It is proposed to identify the impacts associated with converting some or all of the streets to one-way pairs. Kimley-Horn will utilize traffic volumes available from the Florida Department of Transportation (FDOT), the Space Coast Transportation Planning Organization (TPO), Brevard County, and the City of Cape Canaveral. No new traffic counts are proposed as part of this study. If counts are not readily available for streets within the study area, reasonable engineering assumptions will be made regarding traffic volumes and flow. Two site visits will be performed to qualitatively observe traffic patterns within the study area. Representative measurements (such as pavement width and radii at intersections) will be made of street pavement width to determine if one-way circulation is feasible. Kimley-Horn prepare a One -Way circulation study limited to the study area as defined. This study will identify up to two potential circulation patterns within the study area, as discussed with City Staff, and presented on a map. The scenarios will be based on optimizing traffic flow within the study area, and will identify potential modifications needed to turn lanes, signage and traffic signalization. Graphics identifying typical intersection signage modifications and potential modifications to specific turn lanes and traffic signals will be included. These graphics are intended to be conceptual in nature and will not be suitable for engineering design. Graphic at specific locations in the study area where substantial changes in circulation will be recommended, such as business entrances and entrances to multifamily complexes, will also be provided to show potential impacts to circulation. Based on this information, Kimley-Horn will provide a recommended scenario. TASK 2 — DEVELOPMENT OF PRIORITIZATION METHODOLOGY It is assumed that the City will not implement all of the one-way street conversions at once. Accordingly, Kimley-Horn will develop a methodology for determining the prioritization order of one-way pairs based on traffic circulation and impact. Kimley-Horn will meet with City Staff to help determine prioritization goals. It is expected that two in -person meetings will be required with City Staff. Kimley-Horn will then work with City Staff to prioritize the one-way pair implementation schedule. As part of this process, Kimley-Horn will develop a methodology for processing stakeholder requests to implement the one-way pairs. TASK 3 — TRAFFIC COUNTS If requested, Kimley-Horn will collect 24-hour traffic count data on roads within the study area. These counts will be performed for $500/roadway link count and $500 per 4-hour (two hour AM peak/2 hours PM peak) intersection counts. TASK 4 - ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be billed as additional services and performed at our then -current hourly rates. Additional services we can provide include, but are not limited to, the following: (1) Additional data collection (2) Attendance at meetings not included in Task 2 (3) Additional site visits not included in Task 1 (4) General civil engineering kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn (5) Further detailed traffic operational analyses / mobility analyses (6) Design of off -site improvements (7) Environmental analysis and engineering (8) Permitting and regulatory assistance (9) Forensic (expert witness) services (10) Construction administration (11) Landscape Architecture (12) Parking analysis and design (13) Construction Phase Services City of Cape Canaveral December 22, 2022 Page 3 Information Provided by Client 1. We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following: All information necessary to perform our services to support this effort. 2. City GIS Data and Mapping necessary to support this effort. Project Schedule The schedule for the project tasks will be defined by mutual agreement with approval by the City's project manager. Project Budget Kimley-Horn will perform the services in Tasks 1.0-2.0 for the total lump sum fee of $25,000; Task 3 will be performed only upon request by the City for the fee (rate) provided for in Task 3 above. Any permitting, application, and similar project fees will be paid directly by the Client. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City of Cape Canaveral. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: Please email all invoices to invoices@citvofcapecanaveral.ora Please copy t.morlevacityofcapecanaveral.orq kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn City of Cape Canaveral December 22, 2022 Page 4 If you want us to proceed with the services, please have an authorized person sign this Agreement below and return to us. We will commence services only after we have received a fully -executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, M. Colleen McGue, AICP Senior Planner B. Kelley Klepper, AICP Vice President MCM/BKK/ba/jk (G:\Marketing\Propose\City of Cape Canaveral\ Presidential StreetsV\GR_12222022_Dickey_CapeCanaveral_Presidential Streets Phase 2.docx Attachment(s): Standard Provisions, Request for Information Agreed this of , 2022. CITY OF CAPE CANAVERAL SIGNED: PRINTED NAME: TITLE: Client's Federal Tax ID: Client's Business License No.: Client's Street Address: kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn City of Cape Canaveral December 22, 2022 Page 5 Request for Information Please return this information with your signed contract; failure to provide this information could result in delay in starting your project Client Identification Full, Legal Name of Client Mailing Address for Invoices Contact for Billing Inquiries Contact's Phone and e-mail Client is (check one) Owner Agent for Owner Unrelated to Owner Property Identification Parcel 1 Parcel 2 Parcel 3 Parcel 4 Street Address County in which Property is Located Tax Assessor's Number(s) Property Owner Identification Owner 1 Owner 2 Owner 3 Owner 4 Owner(s) Name Owner(s) Mailing Address Owner's Phone No. Owner of Which Parcel #? Project Funding Identification — List Funding Sources for the Project Attach additional sheets if there are more than 4 parcels or more than 4 owners. kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 1 Kimley»>Horn KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS City of Cape Canaveral December 22, 2022 Page 6 (1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then -current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. 2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall: a. Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. b. Provide all information and criteria as to the Clients requirements, objectives, and expectations for the project and all standards of development, design, or construction. c. Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon. d. Arrange for access to the site and other property as required for the Consultant to provide its services. e. Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a reasonable time so as not to delay the Consultant. f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client. h. Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the Consultants services or any defect or noncompliance in any aspect of the project. 3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months, Consultant's compensation shall be renegotiated. 4) Method of Payment. Client shall pay Consultant as follows: a. Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement within 30 days after the Consultants transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid. b. If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment. c. If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due. d. If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. e. The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. 5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in this Agreement and may be used only if the Client has satisfied all of its obligations under this kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn City of Cape Canaveral December 22, 2022 Page 7 Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of the Consultant's documents, or any reuse of the documents without written authorization by the Consultant will be at the Clients sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant's electronic files and source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. 6) Intellectual Property. Consultant may use or develop its proprietary software, patents, copyrights, trademarks, trade secrets, and other intellectual property owned by Consultant or its affiliates ("Intellectual Property") in the performance of this Agreement. Unless explicitly agreed to in writing by both parties to the contrary, Consultant maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Consultant and its affiliates. 7) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. 8) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. 9) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. 10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultants officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section shall require the Client to indemnify the Consultant. 11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. 12) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client's decision to obtain bids or proceed with construction before the Consultant has issued final, fully approved plans and kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn City of Cape Canaveral December 22, 2022 Page 8 specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. 13) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third -party reliance letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant shall not be required to execute certificates, consents, or third -party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility. 14) Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. 15) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. 16) Construction Phase Services. a. If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. b. The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. c. The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. 17) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. 18) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. 19) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements, or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. If Client requires Consultant to register with or use an online kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn City of Cape Canaveral December 22, 2022 Page 9 vendor portal for payment or any other purpose, any terms included in the registration or use of the online vendor portal that are inconsistent or in addition to these terms shall be void and shall have no effect on Consultant or this Agreement. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. (20) PURSUANT TO FS 558.0035, EMPLOYEES OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT. kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 17, 2023 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Approve an option for Audio and Video Production/Services Upgrade in the amount of up to $62,844.56 and to include the rate of $110 per hour for technical support. Department: Capital Projects Summary: During the Production/Virtual Meeting Room (VMR) discussion item at the September 21, 2022 Council Meeting, Council reached a consensus to have Staff go out to bid for new production equipment in the Council Chambers as well as outsourcing VMR management, (Attachment 1). City Council expressed a desire to outsource VMR management (GoToWebinar, Zoom style meetings, etc.) and improve meeting production toward producing better, more polished/professional style live and recorded productions of its public meetings. It should be noted that in the months since, Mayor Morrison volunteered to assume the duties of controlling GoToWebinar during Council meetings, to moderate/chair the whole meeting not just the in -person side of it. Interested bidders were informed via the Bid Packet Instructions that the existing A/V equipment, originally installed by IM Solutions, Inc. (IMS), was to be utilized within their scope of work. However, the City only received one qualified Bid on December 8, 2022. (Attachments 2 and 3) IMS provided three (3) Options for equipment and three (3) Options for technical support as follows: Equipment: • Good -Option 1 in the amount of $36,288.28. This includes additional cameras and a Tri- caster control hub. This system would be capable of patching -in our GoToWebinar as a remote source. • Better -Option 2 in the amount of $61,365.36. This includes the same additional cameras as Option 1 and an upgraded Tri-caster control hub which would allow remote participation from up to 4 remote sources. • Best -Option 3 in the amount of $62,844.56. This includes the same additional cameras and an upgraded Tri-caster control hub which would allow remote participation from up to 4 remote sources, plus the ability to remotely control one of the four sources from anywhere. Technical Support: • Good -Option 1: All camera and audio production and web call operation provided by City Staff. No cost. • Better -Option 2: IMS provides single technician to operate camera and audio production at a prepaid rate of $110/man hour. City provides operator to initiate and manage (moderate) web meetings (GoToWebinar). • Best —Option 3: IMS provides two (2) technicians; one (1) to operate camera and audio production and one (1) to initiate and manage (moderate) web meetings at a prepaid rate of $110/man hour. Total: $220/man hour. Note 1: The web meetings platform would continue to be provided by the City. Accordingly, the City will be required to maintain a subscription to that web -meeting platform, which is currently City of Cape Canaveral City Council Meeting • January 17, 2023 Agenda Item # 6_ Page 2 of 2 GoToWebinar. The equipment provided in the IMS bid integrates with any web -meeting platform the City may choose, including GoToWebinar and others, as a single source to the Tri-Caster. Note 2: Should Technical Support Option 2 or 3 be chosen, IMS will require the pre -payment of a block of a minimum of 20 hours for technical support; this can be used for any technical need/service provided by IMS. IMS informed Staff that Newtek (the brand of electronics used by IMS) would be increasing rates across the board by 10% on January 1, 2023; however, they will honor their original quote until January 18, 2023. Submitting Department Director: Jeff Ratliff Attachments: 1. September 21, 2022 Meeting Minutes 2. December 8, 2022 Bid Opening Minutes 3. IMS Executive Bid Summary Financial Impact: Up to $62,844.56 for Audio and Video Production/Services Upgrade by IMS funded by the General Fund. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Provide direction to Staff regarding Audio and Video Production/Services Upgrades. If Council desires an upgrade, the City Manager recommends Equipment Option 1 ($36,288.28) and Technical Support Option 2 (a single technician at $110/man hour) to operate camera and audio production. Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral, Florida City Council Regular Meeting • September 21, 2022 Minutes • Page 5 of 6 Code. Assistant City Attorney Eick clarified Section 102-41 (c), Criteria No. 5 of the City Code for removal of the Tree. Discussion continued regarding how Council should proceed. A motion was made by Council Member Raymond, seconded by Council Member Willis, to grant the Request for removal of one (1) Live Oak Specimen Tree at 111 Lincoln Avenue, subject to the mitigation requirements being met, including four (4) trees planted per City Code, as amended. City Manager Morley commented on the Motion being subject to meeting the City's tree mitigation requirements. Discussion ensued on whether the Motion requires an amendment, options of the Property Owner to decide between planting trees or contributing funds to the City Tree Bank, where the Property Owner intends to place solar panels, and placement of the new trees. Assistant City Attorney Eick read the mitigation requirements of the Code. Discussion ensued regarding there being no time limit, the Property Owner having met Criteria No. 2, setting a precedent for similar issues and amending the Motion on the floor. Council reached consensus to require the Property Owner to plant four (4) trees on the property. Discussion ensued regarding how to proceed with an amended motion. The motion carried 4-1, with Mayor Pro Tem Kellum voting against. Discussion ensued regarding the types of trees the Property Owner may plant allowing the Property Owner thirty (30) days to research and return to the City. A motion was made by Council Member Raymond, seconded by Council Member Willis, to amend the main motion. The motion carried 4-1, with Mayor Pro Tem Kellum voting against. Mr. Levine thanked the Council. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to extend the Meeting to 10:30 p.m. The motion carried 5-0. ITEMS FOR DISCUSSION: 12. Discuss and provide direction to Florida Department of Transportation (FDOT) regarding design considerations for State Road (SR) A1A in Cape Canaveral. (Submitted by Mayor Morrison): City Manager Morley discussed status of the FDOT SR A1A Improvements based upon the City Council decision against a modern roundabout, proceeding to the original request to realign International Drive and N. Atlantic Avenue for a traditional signalized intersection, the meeting between Mayor Morrison, the City Manager and FDOT regarding East/West-side curbs and gutters, and Council being asked to choose between two (2) roadway design options. Discussion ensued and included calling a workshop to include citizen input. Council reached consensus for Staff to schedule a City Council Workshop Meeting regarding the options. Jay Airs, resident, stated FDOT has the final say, requested clarification of the overall FDOT SR A1A Improvements, and discussed concern over being able to get to Port Canaveral by bicycle on SR A1A. 13. Discuss City Council Meeting production enhancements/upgrades; discontinuing Virtual Meeting Room (VMR) participation at City Meetings, except for emergencies; provide direction to Staff regarding: 1. Whether there is interest to pursue all, some or none of the products and services available, 2. Whether there is interest to pursue outsourcing VMR at Board Meetings, 3. Sole source vs. competitive bid (with current vendor IM Solutions): City Manager Morley explained the Item. Patrick Campbell, resident/property owner, discussed support for continued use of virtual meeting participation, and opposition to sole sourcing. Bill Hodge, property_owner, discussed- support for maintaining useofvirtual meeting participation. Mayor Morrison discussed support for improving the meeting production experience, allowing City of Cape Canaveral, Florida City Council Regular Meeting • September 21, 2022 Minutes • Page 6 of 6 the same for City Advisory Boards, allowing the City Manager to decide whether to outsource meeting production, opposition for sole sourcing the project, immediate relief for Staff by the Mayor's offer to take over current operation of virtual meeting software and test it during a workshop meeting, using American Rescue Plan Act funds should be justified from a public health standpoint, importance of two-way engagement, and putting the project out to bid unless the City truly does not have to. City Manager Morley requested consensus and direction from Council. Bill Davis, IM Solutions Chief Technology Officer, discussed providing similar services for various local municipal clients including Canaveral Port Authority, City of Melbourne, and Barefoot Bay, how IM Solutions staff specialize both as technicians and as producers running all aspects of live and virtual meetings for higher level city council meetings versus smaller meetings for boards which IM Solutions can preset for simple, in-house staff production. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to extend the Meeting to 10:45 p.m. The motion carried 4-1, with Council Member Raymond voting against. Discussion ensued and included support for the Item, removing Staff from the production and technical side of meetings, concern over affordability and it being unbudgeted, and interest in going out for bid to see what the costs would be. Council reached consensus to put the Item out for bid. Mayor Morrison reiterated his previous statement to go out for bid unless it is clearly allowed under sole source. 14. Economic Development (Submitted by Mayor Morrison): Mayor Morrison explained the Item. Stuart Smith, resident and CEO of Florida Association of Veteran Owned Businesses (FAVOB), discussed what the City has done so far regarding Economic Development and Strategic Planning, potential missed opportunities for the City related to being Brevard's Port of entry, and the Brevard Zoo and Aquarium Project. Discussion ensued and included a potential new Economic Development Director and Business and Economic Development Advisory Board, economic opportunities for reactivating the Board, being reactive versus proactive to influence land development in the City, advertising for Board recruitment, and the expertise needed for the position of Economic Development Director. Council reached consensus to reconstitute the Business and Economic Development Advisory Board, and have the Board update the City's Redevelopment Action Plan as its first order of business. REPORTS: Mayor Pro Tem Kellum announced the Goldstar Family Memorial Event will be held at Veterans Memorial Park on Sunday, September 25, 2022 at 11:00 a.m. ADJOURNMENT: The Meeting was adjourned at 10:48 p.m. Mia Goforth, City Clerk Wes Morrison, Mayor SEAL City of Cape Canaveral, Florida Attachment 2 CITY OF CAPE CANAVERAL Request for Bids AUDIO AND VIDEO PRODUCTION/SERVICES UPGRADE BID #2022-06 City of Cape Canaveral City Hall First Floor Conference Room 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Thursday December 8, 2022 2:05 p.m. CALL TO ORDER: Deputy Capital Projects Director Tim Carlisle called the Meeting to order at 2:05 p.m. Others present: Jeff Ratliff, Capital Projects Director Daniel LeFever, Deputy City Clerk Mr. Carlisle proceeded to open the bids received and announced the results: BID #2022-06 — AUDIO AND VIDEO PRODUCTION/SERVICES UPGRADE Firm IM Solutions Location Bid Amount Melbourne, FL Option 1: $36,288.28 Option 2: $61,365.36 Option 3: $62,844.56 Production Tech: $110/hr. Mr. Carlisle and Staff discussed next steps and adjourned the meeting at 2:12 p.m. Daniel LeFever, Deputy City Clerk 12/8/2022 lutions Technology for Business Success Executive Summary City of Cape Canaveral Audio and Video Production/Services Upgrade BID #2022-06 Attachment 3 IM Solutions is a Melbourne based technology system design and integration company specializing in audiovisual and unified communications solutions. We designed and installed the AV systems in the City Hall Building as well as several neighboring Municipalities, and we continue to support COCC Principals and Staff with various business technology. The following summary presents options for upgrading live production capabilities integrated with web conferencing in the Chamber. The options consist of the integration of new hardware with the current AV system as well as options for professional technical support in producing videos for live webcasting (streaming), recording, and local viewing. The purpose of the proposed upgrades is to make COCC fully capable of producing professional quality videos of Council meetings and other Chamber events, and to integrate high quality video and audio with web and telephone conferencing to cleanly and consistently manage remote meeting participation as needed. There are three proposed system options, each of which are based on the Newtek Tricaster line of live production appliances and peripheral NDI devices. Current Brevard County Government clients that currently use TriCaster systems with integrated web conferencing installed by IM Solutions include: • Brevard County SCGTV • Canaveral Port Authority • City of Cocoa • City of Melbourne 321.722.3522 1 im.solutions 1 2801 South Harbor City Blvd, Melbourne, FL 32901 Three System Options are listed below: System Option 1 $ 36,288.28 • NewTek Tricaster Mini 4K live production appliance with full live video and audio mixing, recording, streaming, video playback, effects, and graphics. • Camera controller, preview and program monitors • Three NDI PTZ broadcast quality cameras, positioned in the Chamber to provide wide shots, group and close up shots, audience coverage, and lectern. NDI cameras have the added benefit of being capable of connecting to the Tricaster from anywhere on the COCC Local Area Network. • Additional Crestron hardware for I/O expansion in existing digital media switcher • Ability to import and export any video or audio source to and from the current AV system • Integration with dedicated PC for web -based conferencing; the capability to use the live production output for web -based conference meetings and import far -end video as a production source System Option 2 $ 61,365.36 Same elements as Option 1 plus: • Swap of Tricaster Mini with TC 1 Pro live production appliance • Live Call Connect feature, which allows a web -based conference call to be placed using the Tricaster itself, and up to 4 remote participants to be imported simultaneously as independent production video sources (Production can switch directly between meeting participants) System Option 3 $ 62,844.56 Same elements as Options 1 and 2 plus: • Wireless BYOD capability — allows Mayor or Other User to hold web meeting using their own device from anywhere via Wi-Fi. Production and house video and audio are wirelessly ingested by Bring -Your -Own -Device (BYOD) device for use in the call. (Note: this option can be combined with Option 1 if desired) 321.722.3522 I im.solutions 12801 South Harbor City Blvd, Melbourne, FL 32901 Proposed Tech support options: Tech Support Option A • All production and web call operation provided by City of Cape Canaveral Staff Tech Support Option B • IMS provides single technician to operate production at a prepaid rate of $110 / Man Hour. COCC provides operator to initiate and manage (moderate) web meetings Tech Support Option C • IMS provides two technicians to operate production and web meetings at a prepaid rate of $110 / Man Hour. Rate of $110 / Man Hour requires advance purchase of a block of at least 20 hours. Hours may be used for any technical need and are not limited to production support. IM Solutions Tech Support Prepaid Purchase of Technician Hours (Minimum Qty 20) 20 Hours x $110 / Hour = $2,200 The current estimated project completion is 8 weeks (60 Days) from receipt of purchase. We appreciate the opportunity to support the City of Cape Canaveral. Thank You! Bill Davis W Dean 321.722.3522 1 im.solutions 1 2801 South Harbor City Blvd, Melbourne, FL 32901 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 17, 2023 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Ordinance No. 02-2023; amending the Solid Waste Agreement between the City and Waste Pro of Florida, Inc., pursuant to Section 2.12 of the City Charter, to adopt a new residential and commercial rate and extend the term of the franchise until September 30, 2027; 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: In early 2022, Waste Pro informally approached the City Manager to discuss the effect of inflationary pressures and the corresponding effect on Solid Waste operations in the City. As the year progressed, and because inflationary pressures continued to escalate, Waste Pro approached the City Manager again with a concept intended to ease those pressures while balancing the interests of the City of Cape Canaveral with a potential win -win scenario. In late 2022, Waste Pro representatives also met with City Council Members one-on-one to discuss the concept. At the December 6, 2022 Regular City Council Meeting, the Council reviewed a Presentation from Waste Pro Government Affairs Representative Platt Loftis and Division Manager Dean Ulrich regarding a proposed Early Renewal Option (Attachment 1). The company proposed an early contract renewal option with a modest price increase in early 2023, in exchange for the assurance of continued competitive rates through 2027. Effect of early renewal: Under the existing contract, the City's residential rate, beginning in early 2023, would normally be $12.02 and the commercial rate would be $4.16/cubic yard. In 2024, those rates would be escalated in accordance with the contract's CPI formula to $12.62 and $4.37, respectively. However, in accordance with the terms presented, the 2023 rates will be approximately 32.5% higher: the residential rate will rise to $15.92 and the commercial rate will rise to $5.95/cubic yard. The proposal justifies this increase by limiting future increases by the continued use of the existing annual CPI formula. The Waste Pro presentation evidenced future cost savings to the City of Cape Canaveral by comparison to existing rates of other Brevard County jurisdictions, which are generally already higher than the newly proposed rates. Further, Waste Pro indicated that, should the City opt to not renew early, and instead, complete the existing term, in 2025, the rates would likely rise to $25.00 (Residential) and $9.50 (Commercial). Whereas, under the early renewal option, the 2025 estimated rates would be limited to $17.56 (Residential) and $6.56 (Commercial). As a result, in 2025, the City would begin to realize the savings of approximately 30%, which will continue through the term of the Agreement. When Waste Pro had concluded the presentation, Council requested Waste Pro to return to the December 20, 2022 City Council Meeting with information on how other municipal clients' Franchise Fees are computed and potential impacts of removing the Construction & Demolition Debris Dumpster Exclusion from a future contract. At the December 20, 2022 Regular City Council Meeting, Waste Pro representatives provided responses to the Council's inquiries (see Draft Minutes, Attachment 2). Council discussed the long-term benefits of limiting Solid Waste cost increases, versus putting the contract out to bid in late 2024. Council then approved a Motion to direct Staff to prepare an City of Cape Canaveral City Council Meeting • January 17, 2023 Agenda Item # 7_ Page 2 of 2 Ordinance authorizing the Early Renewal Option as presented. No direction was given to modify the contract provisions related to the Demolition Debris Dumpster Exclusion. Ordinance No. 02-2023 (Attachment 3) effectuates the early renewal and requires approval by both City Council and Waste Pro. Waste Pro has reviewed and indicated support for the Ordinance. Submitting Department Director: Todd Morley Attachments: 1. Waste Pro PowerPoint presentation, December 2022. 2. Draft minutes excerpt from December 20, 2022 regular City Council Meeting. 3. Draft Ordinance No. 02-2023. Financial Impact: 1. Based on the proposed Waste Pro rate for 2023, this equates to an approximately 32.5% rate increase for each of the two years 2023 and 2024. 2. However, in adopting the proposed rates there would be approximately a 30% decrease (based on the year 2025 projected rates) for each of the following three years (2025, 2026 & 2027), as evidenced by the Waste Pro presentation. 3. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve Ordinance No. 02-2023 at first reading. Approved by City Manager: Todd Morley Attachment 1 Pro Solid Waste Contract Early Renewal Options for the City of Cape Canaveral WASTE PRO Waste Pro, founded by nationally recognized solid waste expert John Jennings, is a HIGH -QUALITY Service Provider in Brevard County: Cape Canaveral, Grant-Valkaria, Malabar, Melbourne Beach, Melbourne Village and Palm Shores have recognized us for: Excellent levels of service. 2 WASTE PRO Caring for Our Communities Recent Market Conditions • Pandemic -related supply chain bottlenecks, historically high inflation, global conflict, national driver shortage, post -pandemic demand spikes. • Three high -volume industry commodities most impacted by recent price spikes: 1) Labor: 30% (average) increase for CDL drivers and skilled mechanics. Increased pay scale & sign -on bonuses. 2) Fuel: 55% increase #2 Diesel (wholesale), 10/20 — 10/22. 3) Steel: 54% increase of hot -rolled band steel, 12/15 — 10/22. WASTE PRO Caring For Our Communites Current Municipal Rates Cape Canaveral - lowest coastal (US 1/A1A) rates in Brevard County: Municipality Cape Canaveral Cocoa Indian Harbor Beach Satellite Beach Melbourne Beach Palm Shores Cocoa Beach Indialantic Grant-Valkaria Malabar Residential Rate $11.10/unit $15.93/unit $16.61/unit $17.58/unit $18.32/unit $18.97/unit $25.23/unit $24.86/unit $24.92/unit $43.88/unit Commercial Rate Hauler $3.84/cubic yard $5.96/cubic yard $7.50/cubic yard $6.58/cubic yard $6.55/cubic yard $4.89/cubic yard $4.36/cubic yard $9.48/cubic yard $4.52/cubic yard $6.36/cubic yard Waste Pro Waste Management Waste Management Waste Management Waste Pro Waste Pro Waste Management Waste Management Waste Pro Waste Pro (WASTE PRO] Current solid waste contract expires 9/30/2024 Options: 1. Let contract "ride out" with current terms & pricing. Contract would be renewed prior to expiration, or go out to bid, resulting in an expected higher rate due to expected market forces. Recent Awarded Bids City of Windermere Town of Howie -in -the -Hills City of Jacksonville Beach City of Palm Coast Town of Malabar - OR - Residential Rate $23.82/unit $24.86/unit $27.68/unit $32.31/unit $43.88/unit Hauler Waste Pro GFL Waste Pro FCC Waste Pro Recent bid pricing is heading into the low/mid $30s per residential unit. 2. Renew contract early, with rates that have already "absorbed" current commodity pricing, to receive a competitive market rate through 2027. [WASTE PRO) rw' Option 1: No change to existing contract. New contract October 2024. Residential Rate New Contract CPI Current Pending Expected 10/1/2024, rate Expected Expected 1/1/22 1/1/23 1/1/24 Effective 1/1/25 1/1/26 1/1/27 (estimated) 5% $11.10 $12.02 $12.62 $25.00 $26.25 $27.56 Commercial Rate (per cubic yard) 5% $3.84 $4.16 $4.37 (estimated) $9.50 $9.98 $10.48 By exercising Option 1, the 1/1/2025 rates can be reasonably expected to double the current rates. WASTE PRO Option 2: Early Contract Renewal Est. Current Pending Proposed Expected Expected Expected Expected CPI 1/1/22 1/1/23 1/1/23 1/1/24 1/1/25 1/1/26 1/1/27 Residential Rate 5% $11.10 $12.02 $15.92 $16.72 $17.56 $18.44 $19.36 Commercial Rate (per cubic yard) 5% $3.84 $4.16 $5.95 $6.25 $6.56 $6.89 $7.23 RESULT: Exercising this proposal allows Cape Canaveral to avoid a complex RFP process. Residential and commercial accounts will only see moderate rate changes. Capabilities/ Resources: What other hauler offers these programs and expertise in Florida? Cutting edge, reliable technology: Third Eye Camera System (safety) PC Scale Tower (asset management) Trac EZ (service tracking system) Medical Benefits 401k Matching Program Annual Gift Helper Performance Bonus Driver Performance Bonus Driver Recruiting / Retention Bonus Managers Incentive Bonus Annual Merit Increases A local solid waste legend, inducted SW Hall of Fame. Collection vehicles best suited for Cape Canaveral! A proven record of inclement weather collection success. Vehicle and staff availability from Waste Pro's state facilities in case of natural disaster. Supervisors key to successful route monitoring. Waste Pro will ensure Supervisor ratio is satisfactory for Cape Canaveral. A Premier Solid Waste Company specializing in collection and hauling. Not: Class 1 landfill R&D Marketing firm What no other proposer can state: Locally owned private company. Central Florida based. More municipal contracts in the State of Florida than any other company. Attachment 2 City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 20, 2022 Minutes • Page 5 of 6 review whether building over parcel lines would require a Unity of Title or not. Discussion continued regarding the purpose and function of the Development Order. Mr. DiChristopher discussed his original intent to apply for a permit to build a home on each of the parcels, meeting with Staff regarding his options, choosing the Lot Split Application as being the easiest route, and the reason for withdrawing the Supplemental Lot Split Application from the Planning and Zoning Board Meeting. A motion was made by Council Member Kellum, seconded by Council Member Willis, to extend the meeting to 10:30 p.m. Council Member Willis proposed delaying Agenda Items 8 and 10 until the next Council Meeting. The motion carried 5-0. A motion was made by Council Member Willis, seconded by Council Member Kellum, to postpone Discussion Items 8 and 10 to the next City Council Meeting. Parks, Recreation & Community Affairs Director Thomas confirmed postponing Item 10 would not delay any project plan. The motion carried 5-0. Discussion ensued regarding the importance of following City law and making the property compliant with the City Code. City Attorney Garganese produced and discussed a proposed Resolution No. 2022-32 which contains the Development Order denying the Lot Split Application, advised Council how to make a motion, read the title of Resolution into the record, explained the purpose of using the Resolution as the legal document to adopt the Development Order, and confirmed no changes were made. A motion was made by Council Member Kellum, seconded by Council Member Davis, to adopt Resolution No. 2022-32. Discussion ensued regarding the purpose of the Resolution in relation to the Development Order. City Manager Morley called point of order related to the time. Mayor Pro Tem Raymond stated call the question. A motion was made by Council Member Willis, seconded by Council Member Davis, to extend the meeting by ten minutes to 10:40 p.m. The motion carried 5- 0. Discussion ensued regarding the purpose of the Resolution in relation to the Development Order. Council Member Davis stated call the question. A motion was made by Council Member Davis to call the question, seconded by Mayor Pro Tem Raymond, to call the question. City Attorney Garganese explained the rules of procedure regarding the two motions on the floor. The motion carried 4-1, with Mayor Morrison voting against. City Attorney Garganese advised Council that the main motion is to approve Resolution No. 2022-32, incorporating the proposed Development Order, and a roll -call vote is required under the City Council Rules of Procedure. The main motion carried 4-1, with Mayor Morrison voting against. Discussion ensued regarding the need to inform the property owners of the remaining lots. City Manager Morley confirmed facilitation of the request. ITEMS FOR DISCUSSION: 8. Discuss the dangers of electric bikes on City sidewalks. (Submitted by Mayor Pro Tem Raymond): Item postponed by Council to the January 17, 2023 City Council Regular Meeting. 9. Discuss Waste Pro Early Renewal Option and provide direction to City Manager: City Manager Morley explained the Item. Waste Pro Government Affairs Representative Platt Loftis and Division Manager Dean Ulrich addressed Council with responses to information as requested by the City Council during the December 6, 2022 Regular City Council Meeting regarding information on how other municipal franchise fees are calculated and the impact to the City's rates if it were to remove the Construction and Demolition Debris Dumpster Exclusion. Mr. Loftis discussed the ten percent franchise fees of competitive contractors that provide solid waste services to four municipalities south of State Road A1A, and the City of Cocoa being one exception paying a flat -rate, one-time fee of $2,500. Mr. Ulrich explained the City of Cape Canaveral's franchise fee grows with the Consumer Price Index each year and discussed other Waste Pro client municipalities franchise fees, including the Town of Palm Shores at fifteen City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • December 20, 2022 Minutes • Page 6 of 6 percent, Melbourne Village ten percent, Town of Melbourne Beach fifteen percent, City of Malabar five percent, and the Town of Grant-Valkaria does not have a franchise fee, and how the numbers fluctuate monthly. Mr. Ulrich discussed the roll -off dumpster exclusion is estimated at an additional dollar per home and another dollar per container yard for commercial businesses, the previous shortage of containers, and Waste Pro shipped in additional containers of various sizes to meet the needs of Brevard County. Council thanked Mr. Loftis and Mr. Ulrich. Discussion ensued and included tasking Staff and the City Attorney to work with Waste Pro to create an extending document for agreement to the proposed terms for Council in January. City Attorney Garganese discussed the City Charter requirement for a new City ordinance for Franchise Fee Renewal. A motion was made by Council Member Willis, seconded by Council Member Davis, to move forward with the contract with Waste Pro, creating an ordinance to renew. The motion carried 5-0. 10. Discuss the removal of the playground feature from Veterans Memorial Park redevelopment plans and re -appropriate the feature for consideration as part of the Civic Hub project. (Submitted by Council Member Kellum): Item postponed by Council to the January 17, 2023 City Council Regular Meeting. ADJOURNMENT: The Meeting was adjourned at 10:44 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk Attachment 3 1 ORDINANCE NO. 02-2023 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING THE SOLID WASTE AGREEMENT 5 BETWEEN THE CITY AND WASTE PRO OF FLORIDA, INC., PURSUANT 6 TO SECTION 2.12 OF THE CITY CHARTER, TO ADOPT A NEW 7 RESIDENTIAL AND COMMERCIAL RATE AND EXTEND THE TERM OF 8 THE FRANCHISE UNTIL SEPTEMBER 30, 2027; PROVIDING FOR THE 9 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 10 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited 15 by law; and 16 17 WHEREAS, Sections 2.12(3) and 2.12(8) of the City Charter respectively require that the 18 City Council approve all franchise agreements and amendments thereto by Ordinance; and 19 20 WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment, 21 personnel, and experience to continue to properly collect and dispose of solid waste within the 22 City of Cape Canaveral; and 23 24 WHEREAS, Resolution 2009-24, adopted on August 4, 2009 awarded a franchise to 25 Waste Pro of Florida, Inc. and included two five (5) year renewal options; and 26 27 WHEREAS, on July 19, 2011, the City and Waste Pro mutually agreed to amend the 28 Franchise Agreement to streamline/simplify billing for Commercial customers to include the 29 billing for the wheels and lock bars services provided by Waste Pro; and 30 31 WHEREAS, on October 21, 2014, the City Council adopted Ordinance No. 13-2014, which 32 adopted a revised Solid Waste Agreement with Waste Pro; and 33 34 WHEREAS, on February 17, 2015, the City Council adopted Ordinance No. 03-2015, to 35 accept certain payments from Waste Pro in lieu of requiring a performance bond or irrevocable 36 letter of credit pursuant to all of the terms and conditions set forth herein; and 37 38 WHEREAS, on March 19, 2019, the City Council approved by mutual agreement with 39 Waste Pro a new five year term extension of the Solid Waste Agreement per Ordinance 13-2014; 40 and 41 42 WHEREAS, the City Council of the City Council of Cape Canaveral, Florida hereby 43 finds this Ordinance to be in the best interests of the public health, safety, and welfare of 44 the citizens of the City of Cape Canaveral and its resident businesses and other entities. City of Cape Canaveral Ordinance No. 02-2023 Page 1 of 4 1 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 3 ORDAINS, AS FOLLOWS: 4 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 5 this reference as legislative findings and the intent and purpose of the City Council of the City of 6 Cape Canaveral. 7 8 Section 2. Amending Term of Solid Waste Franchise Agreement. The City Council 9 of Cape Canaveral, Florida hereby approves an amendment to paragraph 23.2 of the Solid Waste 10 Agreement between the City of Cape Canaveral, Florida and Waste Pro of Florida, Inc. as follows: 11 12 The term of the Agreement shall extend until September 30, 2027 subject to an annual 13 evaluation by the City under paragraph 9.0 and termination as provided for in paragraph 14 of 14 the Agreement. The term may be extended pursuant to paragraph 23.3 of the Agreement. 15 16 Section 3. Adoption of Revised Solid Waste Rates. The City Council of the City of 17 Cape Canaveral, Florida hereby approves and adopts the solid waste rates set forth as follows: 18 19 Residential = $15.92 20 21 Commercial (per cubic yard) = $5.95 22 23 The Solid Waste Rates, as may be amended or annually adjusted by the consumer price index 24 pursuant to paragraph 5.0 of the Solid Waste Agreement, shall continue to be incorporated into 25 the Code in accordance with Section 5 of Ordinance 13-2014. 26 27 28 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 29 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 30 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 31 32 Section 5. Incorporation Into Code. The new rates and term of the Franchise 33 Agreement adopted by this Ordinance shall be incorporated into the Cape Canaveral City Code 34 and any section or paragraph, number or letter, and any heading may be changed or modified as 35 necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be 36 corrected and additions, alterations, and omissions, not affecting the construction or meaning of 37 this ordinance and the City Code may be freely made. 38 39 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 40 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 41 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 42 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 43 the validity of the remaining portions of this Ordinance. City of Cape Canaveral Ordinance No. 02-2023 Page 2 of 4 1 2 Section 7. Effective Date of Ordinance and New Rates. Pursuant to City Charter, 3 this Ordinance shall become effective immediately upon adoption by the City Council of the City 4 of Cape Canaveral, Florida, and execution of this Ordinance by Waste Pro of Florida, Florida. The 5 new rates adopted in Section 3 shall first be applied during the first regular billing cycle following 6 the effective date of this Ordinance. If Waste Pro of Florida, Inc. does not execute this Ordinance 7 within thirty (30) days of adoption by the City Council, this Ordinance shall be deemed null and 8 void. 9 10 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 11 of , 2023. 12 13 14 15 16 Wes Morrison, Mayor 17 ATTEST: 18 19 20 For Against 21 22 Mia Goforth, CMC Kim Davis 23 City Clerk 24 Mickie Kellum 25 26 Wes Morrison 27 28 Angela Raymond 29 30 Don Willis 31 32 First Reading: January 17, 2023 33 Advertisement: 34 Second Reading: 35 36 37 Approved as to legal form and sufficiency 38 for the City of Cape Canaveral only by: 39 40 41 42 Anthony A. Garganese, City Attorney 43 44 City of Cape Canaveral Ordinance No. 02-2023 Page 3 of 4 1 2 3 The new rates and term of the Franchise Agreement adopted by this Ordinance are hereby 4 accepted and agreed to by Waste Pro of Florida, Inc. 5 6 7 8 WASTE PRO OF FLORIDA, INC. 9 10 11 12 Print Name/Title: 13 14 Date: City of Cape Canaveral Ordinance No. 02-2023 Page 4 of 4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 17, 2023 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Ordinance No. 03-2023; amending Chapter 22 — Community Development to modify the duties of the Business and Economic Development Board to include serving in the role of the City of Cape Canaveral Community Redevelopment Agency Advisory Board; providing for the purpose and duties of the City of Cape Canaveral Community Redevelopment Advisory Board; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: Community and Economic Development Summary: At its October 18, 2022 Regular Meeting, the CRA Board reached consensus to recommend the Council direct Staff to prepare an ordinance to amend the scope of the Business and Economic Development (BED) Board's duties to include making recommendations on CRA matters. In anticipation of this item being presented to the Council, the City Attorney has prepared a draft ordinance for consideration (Attachment 1). Currently, Sec. 22-33 of Code provides that the BED Board shall have the following purpose and duties: (1) Provide recommendations to the city related to the implementation of economic and business development policies established by city. (2) Confer with and advise the city on all matters concerning the development of commerce. The board shall encourage high value business investment and job creation in the city and advise the city on actions to undertake in accomplishing this goal. Actions may include identifying barriers to economic development for desired businesses and creation of economic incentives. (3) As may be requested, act as liaison for the city in the area of public relations with the following: a. Cocoa Beach Regional Chamber of Commerce. b. Canaveral Port Authority. c. Economic Development Commission of Florida's Space Coast. d. Other similar organizations or agencies which, in the opinion of the business and economic development board, would be appropriate for such liaison. (4) Determine from existing commercial enterprises in the city and interested outside entities contemplating locating in the city the appropriate and necessary action the city should take to enhance and encourage the further development of the city's commerce and coordinate with and advise pertinent officials and boards in the city as to the implementation of this action. (5) Advise the city of the advent of any new commercial activity, i.e., new businesses, significant change in existing businesses, etc., in the city's commerce in order that timely and appropriate recognition by the city can be effected. (6) Cooperate with all community groups, which are dedicated to orderly commercial expansion of the city and furnish them with aid and advice as is deemed appropriate. (7) Generally, encourage in any manner the development of business, commerce, industry and tourism in the city. (8) Investigate sources of financial assistance available to the city from the governmental or private sector and assist the city in properly applying and promoting the successful acquisition of the assistance. For the purpose of this article, financial assistance may be in City of Cape Canaveral City Council Meeting • January 17, 2023 Agenda Item # 8_ Page 2 of 2 the form of grants, low interest loans or physical property, including that of real or personal nature. Activity in the private sector will be limited to established foundations. (9) Review and consider the merits of applications for economic development ad valorem tax exemptions; make recommendations to the city council as to whether or not to grant the exemption, and if the exemption is granted, the percentage of the exemption and period of time for the exemption; make recommendations related to additional incentives, including, but not limited to development fee waivers and financial contributions. Currently, duties of the BED Board include making recommendations to "the City," on economic development matters. However, the Code does not specifically task the BED Board with advising the CRA Board. For this purpose, Ordinance No. 03-2023 (Attachment 3) has been prepared to modify the duties of the BED Board to allow the Board to: 1. Provide recommendations to the agency related to modifying the community redevelopment plan. 2. Perform such other duties and responsibilities that may be formally delegated by the agency board related to the implementation of the community redevelopment plan. Submitting Department Director: David Dickey Attachment: Ordinance No. 03-2023 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Approve Ordinance No. 03-2023 on first reading. Approved by City Manager: Todd Morley Attachment 1 1 ORDINANCE NO. 03-2023 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING CHAPTER 22 — COMMUNITY 5 DEVELOPMENT TO MODIFY THE DUTIES OF THE BUSINESS AND 6 ECONOMIC DEVELOPMENT BOARD TO INCLUDE SERVING IN THE 7 ROLE OF THE CITY OF CAPE CANAVERAL COMMUNITY 8 REDEVELOPMENT AGENCY ADVISORY BOARD; PROVIDING FOR THE 9 PURPOSE AND DUTIES OF THE CITY OF CAPE CANAVERAL 10 COMMUNITY REDEVELOPMENT ADVISORY BOARD; PROVIDING 11 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 12 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY 13 AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 16 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 17 law; and 18 19 WHEREAS, the City of Cape Canaveral previously established a Community 20 Redevelopment Agency and Agency Board in accordance with the Community Redevelopment 21 Act of 1969, Part III of Chapter 163, Florida Statutes ("the Act"); and 22 23 WHEREAS, the Agency Board desires to create and appoint an advisory board to assist it 24 in making certain redevelopment decisions under the Act; and 25 26 WHEREAS, the City has previously established a Business and Economic Development 27 Board that consists of members of the community that could also provide relevant and useful 28 advise to the Agency Board on redevelopment matters; and 29 30 WHEREAS, the City Council desires to modify the duties of the Business and Economic 31 Development Board to allow the Board to also serve as the City of Cape Canaveral Community 32 Redevelopment Agency Advisory Board as more specifically set forth herein; and 33 34 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 35 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 36 Cape Canaveral. 37 38 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 39 ORDAINS, AS FOLLOWS: 40 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 41 this reference as legislative findings and the intent and purpose of the City Council of the City of City of Cape Canaveral Ordinance No. 03-2023 Page 1 of 5 1 Cape Canaveral. 2 3 Section 2. Amending Chapter 22 — Community Redevelopment. The City of Cape 4 Canaveral Code of Ordinances, Chapter 22 — Community Redevelopment is hereby amended as 5 set forth below (underlined type indicates additions and strikcout type indicates deletions, while 6 *** indicate deletions from this Ordinance of said Chapter 22 — Community Development that 7 shall remain unchanged in the City Code): 8 9 CHAPTER 22 COMMUNITY DEVELOPMENT 10 11 *** 12 ARTICLE II. — BUSINESS AND ECONOMIC DEVELOPMENT BOARD 13 14 Sec. 22-33. Purpose and duties. 15 The business and economic development board shall serve as a citizen advisory committee 16 and have the purposes and duties to: 17 (1) Provide recommendations to the city related to the implementation of economic and 18 business development policies established by city. 19 (2) Confer with and advise the city on all matters concerning the development of 20 commerce. The board shall encourage high value business investment and job 21 creation in the city and advise the city on actions to undertake in accomplishing this 22 goal. Actions may include identifying barriers to economic development for desired 23 businesses and creation of economic incentives. 24 (3) As may be requested, act as liaison for the city in the area of public relations with the 25 following: 26 a. Cocoa Beach Regional Chamber of Commerce. 27 b. Canaveral Port Authority. 28 c. Economic Development Commission of Florida's Space Coast. 29 d. Other similar organizations or agencies which, in the opinion of the business and 30 economic development board, would be appropriate for such liaison. 31 (4) Determine from existing commercial enterprises in the city and interested outside 32 entities contemplating locating in the city the appropriate and necessary action the 33 city should take to enhance and encourage the further development of the city's 34 commerce and coordinate with and advise pertinent officials and boards in the city as 35 to the implementation of this action. City of Cape Canaveral Ordinance No. 03-2023 Page 2 of 5 1 (5) Advise the city of the advent of any new commercial activity, i.e., new businesses, 2 significant change in existing businesses, etc., in the city's commerce in order that 3 timely and appropriate recognition by the city can be effected. 4 (6) Cooperate with all community groups, which are dedicated to orderly commercial 5 expansion of the city and furnish them with aid and advice as is deemed appropriate. 6 (7) Generally, encourage in any manner the development of business, commerce, industry 7 and tourism in the city. 8 (8) Investigate sources of financial assistance available to the city from the governmental 9 or private sector and assist the city in properly applying and promoting the successful 10 acquisition of the assistance. For the purpose of this article, financial assistance may be 11 in the form of grants, low interest loans or physical property, including that of real or 12 personal nature. Activity in the private sector will be limited to established 13 foundations. 14 (9) Review and consider the merits of applications for economic development ad valorem 15 tax exemptions; make recommendations to the city council as to whether or not to 16 grant the exemption, and if the exemption is granted, the percentage of the 17 exemption and period of time for the exemption; make recommendations related to 18 additional incentives, including, but not limited to development fee waivers and 19 financial contributions. 20 (10) Serve in the ex officio capacity as the "City of Cape Canaveral Community 21 Redevelopment Advisory Board" as more specifically set forth in Section 22-51 of the 22 City Code. 23 24 *** 25 ARTICLE IV. — COMMUNITY REDEVELOPMENT 26 27 *** 28 29 Sec. 22-51. — Community Redevelopment Advisory Board. 30 31 The city establishes a "City of Cape Canaveral Community Redevelopment Advisory Board" 32 which shall be comprised of the members of the business and economic development board 33 established and composed under article II of this chapter. The community redevelopment 34 advisory board ("board') shall provide advice and recommendations to the board of 35 commissioners of the City of Cape Canaveral Redevelopment Agency ("agency board") and have 36 the following purposes and duties: 37 38 (1) Provide recommendations to the agency related to modifying the community 39 redevelopment plan. City of Cape Canaveral Ordinance No. 03-2023 Page 3 of 5 1 2 (2) Perform such other duties and responsibilities that may be formally delegated by 3 the agency board related to the implementation of the community redevelopment plan. 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. 24 25 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 26 of , 2023. 27 28 29 Wes Morrison, Mayor 30 ATTEST: 31 32 For Against 33 34 Mia Goforth, CMC Kim Davis 35 City Clerk 36 Mickie Kellum 37 38 Wes Morrison 39 40 Angela Raymond 41 42 Don Willis City of Cape Canaveral Ordinance No. 03-2023 Page 4 of 5 1 2 First Reading: January 17, 2023 3 Advertisement: 4 Second Reading: 5 6 Approved as to legal form and sufficiency 7 for the City of Cape Canaveral only by: 8 9 10 Anthony A. Garganese, City Attorney 11 City of Cape Canaveral Ordinance No. 03-2023 Page 5 of 5 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 17, 2023 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Discuss the dangers of electric bikes on City sidewalks. (Postponed on December 20, 2022) Department: City Council Summary: Electric bikes are very dangerous when operated on sidewalks. They are commonly seen all over the City, at all hours of the day and night, going too fast. They belong on the street. The City Council should discuss/consider restricting the use of electric bikes or vehicles on sidewalks through a resolution or ordinance. Submitting Council Member: Mayor Pro Tem Raymond Attachment: None. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 17, 2023 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Discuss the removal of the playground feature from Veterans Memorial Park redevelopment plans and re -appropriate the feature for consideration as part of the Civic Hub project. (Postponed on December 20, 2022) Department: City Council Summary: The current design for the redevelopment of Veterans Memorial Park, as approved by City Council on August 18, 2022, includes plans for a playground area. I have spoken with multiple stakeholders within our Veterans community about the coming Veterans Memorial Park Project. One particular sentiment has been repeated to me, that the footprint area for the proposed playground could more appropriately serve the Veterans community needs as an area for activities that are more commonplace to that park, such as memorial services, celebrations of life, holiday/recognition events and presentations for/by our local Veteran service organizations. It is with the support of those organizations that I propose amending the previously approved design to reflect this change, and in doing so; suggest that a playground feature be among the amenities considered for inclusion in the nearby Civic Hub project instead. As we are still in the addendum phase of the design process, removing this feature from the plans will not incur additional costs and will eliminate the expenditure of approximately $20,000 from the original anticipated cost of the project. These funds could then be re -appropriated to enhance other features within the scope of this project. Submitting Council Member: Mickie Kellum Attachments: None ITEM # 11 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: December 21, 2022 RE: Monthly Financial Report — November 2022 Staff is pleased to present the Monthly Financial Report for the period ending November 30, 2022. At this point in the Fiscal Year, the Year to Date Actuals should be 16.7% of the total annual budget. Total General Fund Departmental costs are 5.3% below target. Administrative Services is running below target at 10.1%. Community Development/Code Enforcement/Economic Development is under target at 13.7%. Building Department is above target at 17.3%. Protective Services are over target by 7.3%. Fire Rescue is running above target by 2.7%. Parks Recreation/Community Affairs is 6% below target. Non -Departmental expenditures are below budgetary projections by 11.9%. The Community Redevelopment Agency (CRA) has incurred $117,981 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 8.5%. The Stormwater Fund is under target cost at 2.7%. The City's General Fund investments total $9,099,017.68; Special Revenue investments total $399,617.38; and Enterprise Fund investments total $693,384.28. The Grand total of all investments is $10,192,019.34. 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 November 30, 2022 Revenue Ad Valorem Tax To date, the City has received 21.6% of Ad Valorem revenue. The City saw the first Ad Valorem payment of FY22-23 in November, and should see the highest income in December. Local Option Gas Tax This amount represents an accrual for October and November. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October and November and some accruals for October and November. These are right on target at 16.5%. Permits and Licenses Permits and Licenses are below target at 12.6%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are just below target at 16.3%. This amount represents accruals for October and November. This revenue source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax. Garbage and Recycling Revenues This amount represents actual collections for October and an accrual for November. These are right on target at 16.8%. Recreation Fees (Leisure Services) Recreation Fees are slightly below target at 12.5%. Investment Income Investment Income is above target at 133.5%. 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 and an accrual for November. It is slightly below target at 16.1%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October and an accrual for November. It is right on target at 16.8%. City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2022 GENERAL FUND FY 2022-2023 NOV 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 2,222,000 0.0% 370,333 Cash Forward- R&R 898,500 0.0% 149,750 Ad Valorem Taxes 5,512,589 1,192,702 21.6% 918,765 Local Option Gas Tax 361,000 60,166 16.7% 60,167 Franchise Fees 949,066 143,156 15.1% 158,178 Utility Taxes 1,302,226 231,067 17.7% 217,038 Communications Service Tax 422,000 70,334 16.7% 70,333 Permits&Licenses 693,450 87,142 12.6% 115,575 State Grants 75,000 0.0% 12,500 ARPA Revenue 3,937,000 2,614 0.1% 656,167 State Shared Revenue 1,098,700 178,692 16.3% 183,117 Local Shared Revenue 127,601 0.0% 21,267 Charges for Services 30,818 280 0.9% 5,136 Garbage&Recycling Revenue 1,270,215 213,487 16.8% 211,703 Recreation Fees 300,300 37,508 12.5% 50,050 Fines&Forfeitures 12,600 2,523 20.0% 2,100 Interest Income 32,700 43,656 133.5% 5,450 Fire Hydrant Rental Fee 85,637 14,134 16.5% 14,273 Miscellaneous Revenue 40,750 3,665 9.0% 6,792 PAL Program Revenue 12,000 34,030 283.6% 2,000 Transfer from School Guard Crossing Fund 2,050 0.0% 342 Transfer from CRA Fund 814,947 0.0% 135,825 Contribution from Wastewater Fund 720,656 120,109 16.7% 120,109 Contribution from Stormwater Fund 19,566 3,261 16.7% 3,261 Loan Proceeds 250,000 0.0% 41,667 TOTAL REVENUES $ 21,191,371 $ 2,438,527 11.5% $ 3,531,895 EXPENDITURE Legislative 98,573 5,904 6.0% 16,429 Administrative Services 540,548 54,325 10.1% 90,091 Comm Dev/Code Enf/Econ Development 868,177 118,759 13.7% 144,696 Protective Services 3,501,187 839,123 24.0% 583,531 Fire/Rescue Services 3,008,064 583,978 19.4% 501,344 Building 449,605 77,712 17.3% 74,934 Infrastructure Maintenance 1,682,911 132,768 7.9% 280,485 Parks Recreation +Community Affairs 1,657,649 177,026 10.7% 276,275 Legal Services 309,293 25,555 8.3% 51,549 Solid Waste 1,271,215 118,086 9.3% 211,869 Debt Service 1,420,737 0.0% 236,790 Non-Departmental 6,080,875 289,127 4.8% 1,013,479 Contingency 302,537 0.0% 50,423 TOTAL EXPENDITURES $ 21,191,371 $ 2,422,362 11.4% $ 3,531,895 Excess of Revenues Over/(Under) Expenditures $ 16,165 Page 1 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2022 POLICE EDUCATION FUND FY 2022-2023 NOV 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,020 203 19.9% 170 Interest Income 75 31 41.8% 13 TOTAL REVENUES $ 1,095 $ 235 21.4% $ 183 EXPENDITURE Education&Training - - Contingency 1,095 0.0% 183 TOTAL EXPENDITURES $ 1,095 $ - 0.0% $ 183 Excess of Revenues Over/(Under) Expenditures $ 235 IMIIIIIMG FIRE PROTECTION FUND FY 2022-2023 NOV 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - - Interest Income 264 81 30.5% 44 TOTAL REVENUES $ 264 $ 81 30.5% $ 44 EXPENDITURE Contingency 264 0.0% 44 TOTAL EXPENDITURES $ 264 $ - 0.0% $ 44 Excess of Revenues Over/(Under) Expenditures $ 81 Page 2 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2022 SCHOOL CROSSING GUARD FUND FY 2022-2023 NOV 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 200 Parking Fine Surcharge 900 60 6.7% 150 TOTAL REVENUES $ 2,100 $ 60 2.9% $ 350 EXPENDITURE Transfer to General Fund 2,100 0.0% 350 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,100 $ - 0.0% $ 350 Excess of Revenues Over/(Under) Expenditures $ 60 LIBRARY FUND FY 2022-2023 NOV 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 70,193 15,204 21.7% 11,699 Ad Valorem Tax Delinquent 50 0.0% 8 Tax Penalty Income 60 1 1.6% 10 Interest Income 7,380 879 11.9% 1,230 Interest-Tax Collections 42 5 11.0% 7 TOTAL REVENUES 77,725 $ 16,089 20.7% $ 12,954 EXPENDITURE Operating Expenses 34,275 18,150 53.0% 5,713 Capital Purchases 30,000 0.0% 5,000 Contingency 13,450 0.0% 2,242 TOTAL EXPENDITURES 77,725 18,150 23.4% $ 12,954 Excess of Revenues Over/(Under) Expenditures $ (2,061) Page 3 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2022 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 NOV 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,099,809 0.0% 183,302 Shared Revenue from Brevard County 1,099,809 0.0% 183,302 Interest Income 288 12 4.0% 48 Transfer from General Fund 250,000 121,000 48.4% 41,667 TOTAL REVENUES 2,449,906 121,012 4.9% $ 408,318 EXPENDITURE Operating Expenses 5,999 1,246 20.8% 1,000 Capital Purchases 1,232,312 116,735 9.5% 205,385 Debt Service 867,270 0.0% 144,545 Contingency 344,325 0.0% 57,388 TOTAL EXPENDITURES 2,449,906 117,981 4.8% $ 408,318 Excess of Revenues Over/(Under) Expenditures $ 3,031 Page 4 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2022 IMPACT FEES FUND FY 2022-2023 NOV 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Impact Fees- Police 19,250 0.0% 3,208 Impact Fees- Fire/Rescue 3,376 0.0% 563 Impact Fees-Transportation 0.0% - Impact Fees- Parks/Recreation 22,700 0.0% 3,783 Impact Fees-General Government 15,850 0.0% 2,642 Impact Fees-Aerial Fire Truck 9,520 0.0% 1,587 Impact Fees- Library 12,000 0.0% 2,000 TOTAL REVENUES 82,696 - 0.0% $ 13,783 EXPENDITURE Contingency 82,696 0.0% 13,783 TOTAL EXPENDITURES 82,696 - 0.0% $ 13,783 Excess of Revenues Over/(Under) Expenditures $ - LAW ENFORCEMENT TRUST FUND FY 2022-2023 NOV 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,229 0.0% 872 Contraband Income 1,650 0.0% 275 Interest-State 45 4 10.0% 8 TOTAL REVENUES 6,924 4 0.0% $ 1,154 EXPENDITURE School Resource Officer 6,924 0.0% 1,154 TOTAL EXPENDITURES 6,924 - 0.0% $ 1,154 Excess of Revenues Over/(Under) Expenditures $ 4 Page 5 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended November 30,2022 WASTEWATER ENTERPRISE FUND FY 2022-2023 NOV 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 644,500 0.0% 107,417 Utility Operating Income 4,667,300 749,651 16.1% 777,883 Utility Penalty Income 70,000 9,753 13.9% 11,667 Sewer Assessment Fees 84,000 0.0% 14,000 Reuse Hook-Up Fees 2,925 0.0% 488 Reclaimed Water Revenue 91,650 15,175 16.6% 15,275 Investment Income 2,520 898 35.6% 420 Sale of Fixed Assets 2,000 0.0% 333 Transfer from General Fund 2,500,000 0.0% 416,667 Transfer from CRA Fund 52,324 0.0% 8,721 SRF Loan Proceeds 1,320,000 187,752 14.2% 220,000 Miscellaneous Income 2,000 1,871 93.6% 333 TOTAL REVENUES 9,439,219 965,100 10.2% $ 1,573,203 EXPENDITURE Personal Services 1,913,966 310,786 16.2% 318,994 Operating Expenses 1,597,455 194,228 12.2% 266,243 Debt Service 666,911 0.0% 111,152 Capital Purchases 4,464,500 174,633 3.9% 744,083 Contribution to General Fund 720,656 120,109 16.7% 120,109 Contingency 75,731 0.0% 12,622 TOTAL EXPENSES 9,439,219 799,756 8.5% $ 1,573,203 Excess of Revenues Over/(Under) Expenses $ 165,344 STORMWATER ENTERPRISE FUND FY 2022-2023 NOV 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 626,500 0.0% 104,417 Stormwater Utility Fees 1,087,800 183,264 16.8% 181,300 Investment Income 1,380 653 47.3% 230 Transfer from General Fund 1,175,000 2,614 0.2% 195,833 TOTAL REVENUES $ 2,890,680 $ 186,532 6.5% $ 481,780 EXPENDITURE Personal Services 366,873 53,246 14.5% 61,146 Operating Expenses 271,230 9,602 3.5% 45,205 Capital Purchases 1,501,500 10,631 0.7% 250,250 Contribution to General Fund 19,566 3,261 16.7% 3,261 Contingency 731,511 0.0% 121,919 TOTAL EXPENSES 2,890,680 76,740 2.7% $ 481,780 Excess of Revenues Over/(Under) Expenses $ 109,792 Page 6 of 6 Florida State Treasury- Special Purpose Investment Account (SPIA) & FL SAFE AI As of November 30,2022 the following funds were invested with the State of Florida Division of Treasury,with a rate of return 1.36% Interest earned for the month: $ 23,682.43 General Fund Restricted (by outside party) Total Restricted $ - Committed (Constrained by Council) Expansion Recreation 44,532.65 Expansion Police 33,715.70 Capital Equipment Renewal&Replacement 771,218.22 Total Committed $ 849,466.56 Assigned -General Fund Emergency Reserve $ 1,495,349.00 Unassigned $ 39,009.66 Total General Fund SPIA Investments: $ 2,383,825.23 Florida Safe General Fund Emergency Reserve-0.06%(average monthly) 1,268,652.13 Florida Safe Note 2021 -0.06%(average monthly) 199,605.06 Florida Safe ARPA Reserve-0.06%(average monthly) 5,246,935.26 $6,715,192.45 Total General Fund Florida Safe Investments: $ 6,715,192.45 Total General Fund Investments: 9,099,017.68 Special Revenue Funds Restricted (by outside party) Police Education Fund 12,585.98 Aerial Fund 32,329.50 School Crossing Guard Fund - Library Fund 167,651.47 Library Fund Restricted 185,249.35 Law Enforcement Trust Fund 1,801.08 Capital Expansion Funds: Fire Rescue Capital Expansion - General Government Capital Expansion Total Restricted $ 399,617.38 Inr Total Special Revenue Fund SPIA Investments: 399,617.38 Enterprise Funds Wastewater Fund: Wastewater General-Unrestricted - Wastewater Fund Renewal&Replacement 369,238.49 $ 369,238.49 Stormwater Fund: Stormwater Fund-Unrestricted - Stormwater Fund Renewal&Replacement 324,145.79 $ 324,145.79 Total Enterprise Fund SPIA Investments: $ 693,384.28 TOTAL SPIA&FLSAFE INVESTMENTS $ 10,192,019.34 SUN SPACE AND SEA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JANUARY 17, 2023 AGENDA ITEM SUMMARY • ITEM # 12 Subject: ProChamps Update — receive Report and no action to be taken. Item is presented for informational purposes only and no action will be taken. Department: Community and Economic Development Summary: At its December 21, 2021 Special Meeting, the Council requested that Staff prepare additional updates on the implementation of the ProChamps vacation rental platform. The following is provided: Oct 2021 — Jul Aug Sept Oct Nov Dec Jun 2022 2022 2022 2022 2022 2022 TOTAL 2022 No. of Registered - 184 186 185 185 189 201 201 Properties (Current) Remittance $40,200 $4,250 $2,400 $3,900 $20,300 $1,250 - $72,300 to City Total Vacation - 167 186 185 191 211 214 214 Rental BTRs (Current) Courtesy 288 5 3 10 15 0 0 336 Notices Sent NOV Issued 2 0 0 0 0 20 79 101 Number of Complaints 28 2 3 15 3 0 2 53 Hearings - Scheduled 1 1 Submitting Department Director: David Dickey Attachment: n/a Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo 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